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1983-03-02 - Plan Commission - Minutes PUBLIC HEARING BUFFALO GROVE PLAN COMMISSION Johnson Property March 2, 1983 Chairman Shields called the Public Hearing to order in the Municipal Building, 50 Raupp Boulevard, Buffalo Grove, Illinois at 7:33 P.M. Commissioners Present: Chairman Shields Mr. Goldspiel Mr. Davis Mr. Glover Mrs. Reid Mr. Krug - arrived at 7:37 P.M. Mr. Goldberg Commissioners Absent: Mrs. Sheldon Mrs. Kaszubowski Also Present: Mr. W. Johnson, Owner, Johnson Property Mr. S. Stone, Village Trustee Mr. W. O'Reilly, Park District Mr. W. Raysa, Village Attorney Mr. R. Kuenkler, Village Engineer Mr. J. Truesdell, Village Planner Mr. T. Costopulos, Property Owner Chairman Shields read the notice of the public hearing as published in the newspaper and informed the audience of the format the meeting would take. He then swore in Mr. William Johnson. Mr. Johnson submitted the certified receipts of notices mailed to owners within 250' of the site. He stated that twelve notices were mailed, nine responses were received and three people did not respond. Mr. Johnson briefly reviewed the site. He stated they have no developer or developmental plan at present. He was asking that the land be zoned under the I classification. When a developer is interested in the piece they will bring it back before the Plan Commission again. He is willing to indemnify the Village against leglislative action from owners of the out parcels. He is willing to post a bond to cover this. Lot eight is four acres plus/minus to be used as a detention basin. It has been determined adequate by the Village Engineer. Mr. Truesdell referred to his January 27, 1983 memo to the Plan Commission titled Johnson Public Hearing. He briefly reviewed its major points. - 2 - Mr. O'Reilly stated he was representing the Park District and he had five documents that he was going to refer to. The Plan Commission had not received copies of all of his documents. 1) A letter to the Plan Commission by the Park District dated February 1, 1983 which referred to a letter of April 27, 1982 where Mr. Johnson contacted the Wheeling Park District for annexation. Mr. O'Reilly felt there was a misrepresentation because Mr. Johnson had stated at the January, 1983 meeting with the Buffalo Grove Plan Commission he had not contacted the Wheeling Park District for annexation. Also at that meeting Mr. Johnson stated he had no preference for annexation to a particular Park District. 2) Mr. O'Reilly reviewed some figures stating that the loss of this property to the Buffalo Grove Park District in terms of revenue should be considered. The Park District relies heavily on developer donations for its operations. The fees residents pay for using the facilities do not cover their upkeep or expenses involved. 5) He then referred to the real estate sales contract between Mr. Johnson and the Wheeling Park District stating there are at least twenty instances where the contract states that "time is of the essence". He pointed some of these out for the Commission. In paragraph fourteen the document states if the fifty acres which are west of the Soo Line tracks are not annexed within two years after the closing (document signed June 30, 1977) the seller shall petition Wheeling Park District for annexation. He felt that Mr. Johnson was thinking of annexation to some other park district because of this clause. 4+) The Village of Buffalo Grove and Corporate Chicago Title and Trust Company Pre-Annexation Agreement of December 2, 1983 (page 2 and 13) states "time is of the essence". 5) A letter addressed to Mr. Balling from the Wheeling Park District by Mr. D. Phillips, dated January 7, 1983 points out Wheeling Park District annexed the property in question. If time is of such an essence, why was there a time delay factor of five years until Mr. Johnson petitioned the Wheeling Park District for annexation. Assuming closing was June 30, 1977, by June 30, 1979 it should have been petitioned for annexation. The petition was made on April 27, 1982. Why not annex until after the Buffalo Grove meeting of January, 1983. Mr. O'Reilly found out this date that the annexation may not be com- plete. There are penciled notes on the plat. A proper plat has not been submitted. The plat may be defective. Buffalo Grove Plan Commission Public Hearing March 2, 1983 - 3 - i 6) Mr. O'Reilly referred to a February 15, 1983 letter from Mr. Raysa to him concerning the filing of petition to annex five years after closing on the property. He felt that Wheeling Park District may have waived any of its rights. Mr O' Reilly's conclusion at this time is, before anyaction is taken bythe Village of Buffalo g Grove by way of annexation, that the Village, as part of the annex- ation agreement, require said owner disconnect the fifty acre parcel from the Wheeling Park District and annex to the Village of Buffalo grove concurrent with annexation. In response to Trustee Stone, Mr. O'Reilly stated that of the twenty instances stating "time is of the essence" there is a specific statement referring to the terms of the two year period for annexation as stated previously. In response to Commissioner Davis, Mr. Johnson stated he felt he was obligated to annex to the Wheeling Park District even though the time period was up. When he came to the Village of Buffalo Grove he stated to the Village Manager and the Village Planner that the parcel was in the process of annexation to the Wheeling Park District. He wants to annex the property to the Village of Buffalo Grove. If this is going to be a legal issue, Mr. O'Reilly should pursue it on a park district to park district basis. Should this become a long drawn out process for Mr. Johnson, he will stop the annexation process and rethink his position. In response to Commissioner Goldberg, Mr. Kuenkler stated he was not aware of any engineering expenses for the Village regarding annexation of this property. In response to Commissioner Goldspiel, Mr. O'Reilly stated his position again regarding the statement "time is of the essence" and stated that in paragraph eighteen of the annexation agreement it states the owner is willing to comply with the Village. If he does not comply, Mr. O'Reilly feels this document is worthless. Mr. Johnson feels that this issue is moot because he had petitioned Wheeling Park District prior to requesting annexation to Buffalo Grove. The land has, in fact, been annexed to Wheeling Park District. In response to Commissioner Goldspiel, Mr. Kuenkler replied the detention is sufficient. In response to Commissioner Goldspiel, Mr. Raysa stated there is no requirement to vacate the site to do a resub. Before the development of it, it has to have a resub. It is not necessary at this point. In response to Commissioner Goldspiel, Mr. Johnson stated Mr. Balling felt Huntley Road should not be vacated. He will not petition for any vacation of Huntley Road leaving it open for access to the seven outlots. Buffalo Grove Plan Commission Public Hearing March 2, 1983 - 4 - Mr. Raysa does not expect a resub or vacation of any roads, with one exception, until a plan of development is brought before the Village. The outlots have been there since 1929. In response to Commissioner Davis, Trustee Stone stated he could not speak for the Village Board on this issue at this time. He feels if there is a possibility of having this site in the Buffalo Grove Park District, he would like to see the Park District pursue it. It should use whatever avenues are open to it. It is a beneficial piece of property to Buffalo Grove. However, it should not be passed up if the Park District is not going to get it. Commissioner Goldberg suggested the Plan Commission add to their recommenda- tion to the Village Board that it give some consideration to the Park District situation. In response to Commissioner Glover, Mr. Raysa said one area to be vacated be- fore a new plan of subdivision is Wheeling Avenue. He does not feel that Huntley Road will provide adequate access to all the outlots. Mr. Tom Costopulos ownes a parcel due north of this site. He would like a copy of this plat. He is under the impression this is going to be industrial. His concern is that the grades adjacent to his property are maintained. He was interested in ingress/egress to his parcel. Mr. Truesdell briefly explained the layout of Mr. Costopulos's lot and the surrounding property. Chairman Shields closed the Public Hearing at 8:4+0 P.M. Respectfully submitted, Kathleen Comer Recording Secretary APPROVED BY: Patrick Shields Chairman Buffalo Grove Plan Commission Public Hearing March 2, 1983 1 REGULAR MEETING BUFFALO GROVE PLAN COMMISSION Johnson Property Small Area Plan March 2, 1983 Chairman Shields called the Regular Meeting to order in the Municipal Build- ing, 50 Raupp Boulevard, Buffalo Grove, Illinois at 8:41 P.M. Commissioners Present: Chairman Shields Mr. Goldspiel Mr. Davis Mr. Glover Mrs. Reid Mr. Krug Mr. Goldberg Commissioners Absent: Mrs. Sheldon Mrs. Kaszubowski Also Present: Mr. W. Johnson, Owner, Johnson Property Mr. S. Stone, Village Trustee Mr. W. O'Reilly, Park District Mr. W. Raysa, Village Attorney Mr. R. Kuenkler, Village Engineer Mr. J. Truesdell, Village Planner Moved by Commissioner Davis, seconded by Commissioner Glover, to defer items one through five of the agenda and proceed with the Johnson Property discussion. The vote was unanimously favorable. Moved by Commissioner Goldspiel, seconded by Commissioner Reid that the Plan Commission recommend to the Village Board the annexation and zoning as I (industrial) of the property 52.3 acres located at the northwest intersection of Take/Cook Road and the Soo Line Railroad tracks commonly referred to as the Johnson property as shown on Exhibit B proposed plat of annexation. After some discussion,the motion was amended to read 'pursuant to the draft annexation agreement which has been submitted". Mr. Raysa pointed out the southern boundary of the plat of annexation stating part of Linden Avenue is in Wheeling. When annexing property you annex to the far side of the right-of-way. When it comes time to resub and vacate the streets have to be vacated. Buffalo Grove does not have the authority to vacate Linden Avenue. The motion was further amended to read 'subject to resolution of the status of Linden Avenue". - 2 - THE VOTE: Ayes: Commissioners Goldspiel, Davis, Glover, Reid, Krug, Goldberg Nayes: None Abstain: None Absent: Commissioners Sheldon, Kaszubowski The motion passed 6 - 0. Moved by Commissioner Goldberg, seconded by Commissioner Davis, that the Plan Commission recommend to the Village Board they investigate the claims of the Buffalo Grove Park District in line with the testimony given at the public hearing. THE VOTE: Ayes: Commissioners Davis, Glover, Reid, Goldberg Nayes: Commissioners Goldspiel, Krug Abstain: None Absent: Commissioners Sheldon, Kaszubowski The motion passed 4 - 2. APPROVAL OF MINUTES Moved by Commissioner Reid, seconded by Commissioner Davis to approve the February 2, 1983 Public Hearing Minutes. Approval was unanimous with Commissioner Goldspiel abstaining. Moved by Commissioner Reid, seconded by Commissioner Glover, to approve the February 2, 1983 Regular Meeting Minutes. Approval was unanimous with Commissioner Goldspiel abstaining. COMMUNICATIONS None COMMITTEE AND LIAISON REPORTS Commissioners Davis and Glover attended the February 14, 1983 Village Board meeting. The Board recommended the Cedar View ( Mueller Farm) residential site to the Plan Commission. Commissioner Glover briefly described the plan. Buffalo Grove Plan Commission Regular Meeting March 2, 1983 - 3 - SMALL AREA PLAN Mr. Truesdell briefly described the site called Buffalo Grove Manor which lies generally south of Pauline Avenue, north of Lake/Cook Road, east of Illinois Route 83 and west of Weiland Road. It is composed of two and a half to five acre lots. The master plan shows this as multi-family. This property may be developed on a piece by piece basis. He has drawn up a street plan which is a spinal drive off of which comes east/west streets. The street patterns would be staggered generally along the property lines. This will protect the trees that exist on the property. Half streets have to be addressed by the Village Board but need consideration by the Plan Commission. Commissioner Goldspiel felt this was a brilliant solution to the problem of the piece formerly known as the Orchards. The Commission was polled regarding favoring the small area plan. Yes indica- ting they favored it. Ayes: Commissioners Goldspiel, Davis, Glover, Reid, Krug, Goldberg Nayes: None Abstain: None Absent: Commissioners Sheldon, Kaszubowski The poll was favorable 6 - 0. REZONING MAP Mr. Truesdell stated that this map was to be brought before the Commission at the March 16, 1983 meeting. It has to be approved on a yearly basis. Since there is no other agenda item for the March 16, 1983 meeting he has brought it up for this meeting. He briefly went through the changes since it's last approval on March 15, 1982. 1) Ordinance 82-3 - Buffalo Grove Office Park, Kallaghan Office Park and the Town Center from R1 rezoned to B-2. 2) Ordinance 83-8 Spoerlein Farm zoning R-9 Special Use PUD and B-3 3) Ordinance 83-3 and 4 - Two previously approved fifty foot strips to provide for the R-8 zoning located next to the Northwoods Subdivision and the I zoning adjacent to the Lexington Subdivision. There was one correction, when the map was updated in 1982 the Cedar View Office Park had been put on as an Office and Research District it was corrected and zoned B-3. Moved by Commissioner Davis, seconded by Commissioner Glover, that the Plan Buffalo Grove Plan Commission Regular Meeting March 2, 1983 - - Commission recommends to the Village Board approval of the Rezoning Map. Discussion: In response to Commissioner Goldspiel, Mr. Truesdell stated he will see to it that each Commissioner receives a copy of this map. THE VOTE: Ayes: Commissioners Goldspiel, Davis, Glover, Reid, Krug, Goldberg Nayes: None Abstain: None Absent: Commissioners Sheldon, Kaszubowski The vote was favorable 6 - 0. Commissioner Goldberg suggested that staff investigate the possibility of writing in some type of time schedule for the development of tracts of land that are given approval by the Village. The Commission didn't concur. Commissioner Goldspiel stated that the Arlington Heights Plan Commission considered a permanent senior citizens nursing care facility on Lake/Cook and Schaffer Road. Mr. Truesdell will check into this. He stated he is pursuing Village notifi- cation of public hearings to the residents living within two hundred fifty feet of proposed sites. When the Zoning Ordinance comes back to the Commission he will have a recommendation. He noted the Commission had received informa- 1 tion in their packets concerning the traffic counts for the Grove Shopping Center. ADJOURNMENT Moved by Commissioner Glover, seconded by Commissioner Reid to adjourn the meeting. The vote was unanimously favorable. Chairman Shields adjourned the meeting at 9:52 P.M. Respectfully submitted, APPROVED BY: Kathleen Comer, Recording Secretary LC Patrick Shields, Chairman Buffalo Grove Plan Commission Regular Meeting March 2, 1983