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1988-10-19 - Plan Commission - Minutes EXECUTIVE SESSION BUFFALO GROVE PLAN COMMISSION October 19, 1988 Chairman Sheldon called the regular meeting to order at 6:35 P.M. in the Municipal Building, 50 Raupp Boulevard, Buffalo Grove, Illinois. Commissioners Present: Chairman Sheldon Mr. Goldspiel - arrived at 6:36 P.M. Mr. Rhodes Ms. Howard Mr. Braiman Mr. Rubin Mr. Rosenston Commissioners Absent: Mr. Krug Also Present: Mr. W. Raysa, Village Attorney Mr. R. Skelton, Village Attorney Mr. R. Pfeil, Village Planner The executive session was called to discuss threatened litigation at a meeting between Messrs Balling, Raysa, Kirk and Melzer on the subject development. Mr. Melzer threatened ligitagion against the Village if his proposed plan was not approved. ADJOURNMENT Moved by Commissioner Braiman, seconded by Commissioner Howard, and unanimously carried to adjourn the meeting. Chairman Sheldon adjourned the meeting at 7:26 P.M. Respectfully submitted, Kathleen Comer Recording Secretary APPROVED BY: &edldg'1€4 . Barbara Sheldon Chairman SPECIAL MEETING BUFFALO GROVE PLAN COMMISSION The Manors on Checker Road (Golf Course North) Parkchester Estates October 19, 1988 Chairman Sheldon called the regular meeting to order at 6:34 P.M. in the Municipal Building, 50 Raupp Boulevard, Buffalo Grove, Illinois. Commissioners Present: Chairman Sheldon Mr. Goldspiel - arrived at 6:36 P.M. Mr. Rhodes Ms. Howard Mr. Braiman Mr. Rubin { Mr. Rosenston Commissioners Absent: Mr. Krug Also Present: Mr. D. Zajicek, Attorney, Manors on Checker Mr. D. Stromberg, Planner, Manors on Checker Mr. D. Kirk, Developer, Manors on Checker Mr. W. Melzer, Attorney, Manors on Checker Mr. T. Dyke, Planner, Manors on Checker Mr. J. Green, Planner, Parkchester Mr. J. Meister, Attorney, Parkchester Mr. R. Vane, Engineer, Parkchester Mr. J. Martin, Landscaper, Parkchester Mr. W. Raysa, Village Attorney Mr. R. Skelton, Village Attorney Mr. W. Kuenkler, Village Engineer Mr. W. Reid, Village Trustee Mr. R. Pfeil, Village Planner Moved by Commissioner Rhodes, seconded by Commissioner Braiman to move into Executive Session. The motion unanimously carried and the Commission went into Executive Session at 6:35 P.M. to discuss possible litigation. The Regular Meeting was reconvened at 11:19 P.M. APPROVAL OF MINUTES Moved by Commissioner Rosenston, seconded by Commissioner Rhodes, to approve the Special Meeting minutes of September 28, 1988 as amended. Approval was 1 unanimous in favor, with Commissioner Goldspiel abstaining and the motion passed. Moved by Commissioner Rosenston, seconded by Commissioner Rhodes, to approve the Public Hearing minutes of September 28, 1988 as amended. Approval was unanimous in favor, with Commissioner Goldspiel abstaining and the motion passed. COMMITTEE & LIAISON REPORTS Commissioner Goldspiel attended the Transportation Commission meeting and noted the contract for a bus route for the east part of the Village to Deerfield train station and the Skokie Swift through the industrial areas has been approved by PACE and they are scheduled to start soon. He also attended the October 17, 1988 Village Board meeting at which: 1. The Buffalo Grove official Special Census results stated the population of the Village is 32,333. 2. The Pekara property may be condemned by Lake County, all 53 acres. 3. The amendment to the Buffalo Grove Business Park #11 was approved. 4. A PUD and Preliminary Plan for Chevy Chase Business Park East was approved. 5. An amendment to Title 19 making land donations to the Park District atand land donation to the Park District at $50,000.00 per acre was approved. 6. A motel at the Corporate Grove was referred to the Commission. THE MANORS ON CHECKER ROAD (GOLF COURSE NORTH) Moved by Commissioner Goldspiel, seconded by Commissioner Rosenston that the Plan Commission recommend to the Village Board approval of the preliminary plan for construction of 100 dwelling units on the plan, on the south side of Checker Road, the Manors on Checker Road, as depicted in Petitioner's Exhibits 5, 7 through 11 and 13 and 14. Discussion: Commissioner Goldspiel stated the Master Plan shows this as single family. He feels this is correct. The neighborhood has changed. All parks and golf courses do not have to be surrounded by multi-family, though this is a common practice. This property is zoned R-9 and the plan was addressed in 1974, the zoning has not been revoked. He feels it was not intended that this plan be built as it was drawn. In 1975 the Village did not have a professional planner. The Village now has professional staff members. He feels confident that this plan was not subjected to a plan review at the time the ordinance was enacted and the intention was when it came to be built and permits issued it would be subject to a detailed review. He would like to see some items changed and felt this was a marginal plan. He feels that when the developer agreed to widen Checker Road and put in the sidewalks, he agreed to the Ordinances of today which are in effect. The short setback is mitigated because that one abuts the golf course gives open space and other buildings are angled to eachother. Generally the Village has improved on all of the actual plans that came in with the golf course, except this one. Buffalo Grove Plan Commission October 19, 1988 Special Meeting Page 2 Commissioner Braiman agreed with Commissioner Goldspiel and felt that both phases should be reviewed and planned together. He does not feel the Village should be bound to the illustrative plan. If the developer had come before the Commission with a plan conforming to the appropriate ordinance he could approve it. The side yard setbacks concern him. The type of density would be approved if it was in a better mode. Due to the type of density and the housing he would have to vote against this plan. Commissioner Rubin stated the developer wants substantial compliance. Only part of the plan that was attached to the ordinance is before the Commission. The other part is not being considered now and might not ever be developed. He agrees with what has been said before. This is zoned for this type of development. This could be done better than it has been done. He would like to see it comply with the 1988 Ordinances. He could suggest a townhome development that was more to the Village's ordinances. What is before the Commission is only part of what was attached to the 1974 Ordinance and as presented he could not support it. AYES: Goldspiel NAYES: Rhodes, Howard, Braiman, Rubin and Rosenston ABSTAIN: None ABSENT: Krug The motion failed 5 - 1 PARKCHESTER ESTATES Mr. Meister stated this a 43.6 acre site on the east side of Weiland about 700' south of Busch Road. They are requesting annexation to Buffalo Grove in the R-4 District. It is now zoned in Lake County for UR-3 of 450 to 600 units. Adjacent and to the north is unincorporated Lake County now a nursery, east is Buffalo Grove land zoned Industrial, south Lake County single family lots moderately priced, west single family R-9 Special Use in Buffalo Grove and R-6 Special Use and R-8 single family. He reviewed the history of the site. They are requesting annexation, zoning to R-4 plan approval and one variation to use Enkamat. Mr. Green reviewed the present history of the site with the aid the September 12, 1988 plan containing 114 units. They agreed to increase Weiland right-of-way 10' . They are no longer requesting a rear yard variation. They had to consider the industrial along the north of the site. There is a small section of Aptakisic Creek at the northwest corner. They have an easement on the south for sanitary sewer. The location of Newtown Drive and Horatio Drive are depicted. They will have deeper lots along the industrial area, by 3' . They were instructed by the developer not to go below 115 lots and they are at 114. No lot is less than 125' with the exception of #78 and #79. They have compensated for this with the width of the lots. The lots along the sanitary sewer have 30' easements. They have extended the grassed park area. The majority of the frontage along Weiland is park land. They have continued Newtown Drive and Horatio down through the plan. When Horatio crosses Newtown Drive it decreases to 60' . The average lot size is 10,630 square feet. He passed out the lot area plan which he Buffalo Grove Plan Commission October 19, 1988 Special Meeting Page 3 reviewed along with the lot area summary and site data sheet. They are showing more park now than was presented to the Board. The homes will be 2,200 square feet to 3,200 square feet priced from $175,000 to $250,000 They will develop the site in 2 phases. Lots 27, 28 and 29 will probably be models. Marie Avenue is not an installed road. They have indications that it is not going to go through at this time. Mr. Raysa stated that if Buffalo Grove annexes this site Marie Avenue will become Village property and the right-of-way becomes the Village's. Mr. Pfeil stated on option is to vacate Marie Avenue . He was directed to have the traffic consultant look at the plan and come back with a recommendation . Also the developer was directed to come back with information on what the park will be used for, how you could get to it and where the parking would be. Commissioner Goldspiel suggested an access to the back between lots at the northern most section. He suggested that Marie could be a bike path leading toward the proposed railroad station. Mr. Martin stated the bike path will run along Weiland and they will extend the box culvert for it. You can access the park on Newtown Drive. There will be parkway entrance along the bike path. There will be room for a softball or soccer field in the park area. They will provide for a picnic grove area near the tree stand along with a bark chip path in that area. Mr. Green stated they will be presenting,in essence, a finished park area without installation of the playing fields. None of the homes will be facing Marie Avenue. They would have to develop Horatio Boulevard. They would prefer Marie Avenue vacated. Mr. Vane stated there is some flood plain along the creek at the elevation of 671' . The field area is around 678' . The site drains northernly to the pond. He explained the engineering. They propose to raise the 3 low areas on the plan, pick up the water in those areas and put in the pond. Mr. Pfeil suggested for the next workshop the setback on the industrial site be noted and screening depicted. ADJOURNMENT Moved by Commissioner Rosenston, seconded by Commissioner Rubin, and unanimously carried to adjourn the meeting. Chairman Sheldon adjourned the meeting at 1:03 P.M. Buffalo Grove Plan Commission October 19, 1988 Special Meeting Page 4 Respectfully submitted, Kathleen Comer Recording Secretary APPROVED BY: tt Barbara Sheldon Chairman Buffalo Grove Plan Commission October 19, 1988 Special Meeting Page 5 1 PUBLIC HEARING BUFFALO GROVE PLAN COMMISSION The Manors on Checker Road (Golf Course North) October 19, 1988 Chairman Sheldon called the public hearing to order at 7:39 P.M. in the Municipal Building, 50 Raupp Boulevard, Buffalo Grove, Illinois. Commissioners Present: Chairman Sheldon Mr. Goldspiel - arrived at 6:36 P.M. Mr. Rhodes Ms. Howard Mr. Braiman Mr. Rubin Mr. Rosenston Commissioners Absent: Mr. Krug Also Present: Mr. D. Zajicek, Attorney, Manors on Checker Mr. D. Stromberg, Planner, Manors on Checker Mr. D. Kirk, Developer, Manors on Checker Mr. W. Meltzer, Attorney, Manors on Checker Mr. T. Dyke, Planner, Manors on Checker Mr. J. Green, Planner, Parkchester Mr. J. Meister, Attorney, Parkchester Mr. R. Vane, Engineer, Parkchester Mr. J. Martin, Landscaper, Parkchester Ms. A. St. John, 931 Old Checker Rd, Buffalo Grove Mr. R. York, 331 Springside, Buffalo Grove Mr. L. Hartwick, 10 Springside, Buffalo Grove Ms. S. Gilman, 21 Casselwood, Buffalo Grove Ms. S. Santa Barbara, 1113 Auburn, Buffalo Grove Mr. S. Margolis, 2 Springside Court, Buffalo Grove Mr. S. Moody, 303 Checker, Buffalo Grove Mr. M. Alsway, Buffalo Grove Resident Mr. D. Carlson, 530 Springside, Buffalo Grove Mr. N. Ellix, 391 Arbor Gate, Buffalo Grove Mr. S. Bowlan, 41 Springside, Buffalo Grove Mr. D. Winner, 430 Checker, Buffalo Grove Mr. R. Goldenberg, 480 Springside, Buffalo Grove Mr. W. Raysa, Village Attorney Mr. R. Skelton, Village Attorney Mr. W. Kuenkler, Village Engineer Mr. W. Reid, Village Trustee Mr. R. Pfeil, Village Planner Chairman Sheldon read the notice of the public hearing as published in the Buffalo Grove Herald and informed the audience of the format the meeting would take. She then swore in Messrs. Kirk, Meltzer, Stromberg, Zajicek and Mr. Dyke was sworn in later on in the meeting when he arrived. The exhibits were those contained in Mr. Pfeil's October 14, 1988 memo to the Plan Commission titled Golf Course North - Parcel A and Petitioner's Exhibits 1 through 16. Mr. Zajicek explained that the developer is bringing in the first phase of their parcel which is 8 acres. The original PUD contained 3 parcels for develop- ment on the entire golf course. On October 25, 1972 a hearing on this entire site was held. He then briefly reviewed the history of the site with the use of prior meeting minutes which he wanted to incorporate for reference in the record. They feel that if their development is not approved the Village might be subjecting itself to be held liable. He reviewed Mr. Pfeil's December 7, 1987 memo to Mr. Balling titled Proposed Condo Checker Road Parcel B and Mr. Balling's memo regarding an Executive Session meeting of the Village Board both of which he entered into the record. He reviewed Mr. Pfeil's June 14, 1988 memo to Mr. Szymborski, Mr. Pfeil's July 29, 1988 memo to the Plan Commission, his September 9, 1988 memo to the Plan Commission and his October 14, 1988 memo to the Plan Commission. The developer does not believe that they can vary from the subdivision ordinance or building codes. They feel they are in substantial compliance. The tree survey and the engineering plan were done to help the Commission decide on substantial compliance not to conform with the current ordinance. He reviewed the October 19, 1988 memo from Mr. Rylko to Mr. Pfeil. He stated the homes across the street were present in 1974. He feels 74-22A creates a PUD. A special use was granted as a PUD but a special use hearing was not held, to his knowledge. Both phases are under the same ownership at present. Mr. Kirk is the contract purchaser of this site. The Commission is passing judgement and they have to do this in good faith and pass a sound judgement otherwise the Commission could be held liable. The two multi-family parcels on the golf course were developed but not in substantial compliance with the 1974 plan. Lot C is part of Phase 2 and the ownership is the same as Phase 2. When the Village approved the golf course property they made a decision on this property being there (the proposed site) . The tot lot was part of the original plan. They will eliminate it but not move it unless they get substantial compliance and then it could be moved. Mr. Dyke reviewed his qualifications stating he was employed to find substan- tial compliance between this plan and the 1974 plan. He feels there is evidence that this is so. He stated if they tried to develop a site plan with the current rear yard setbacks they would not be able to build a plan that was in substantial compliance with the 1974 Ordinance. If the developer increased the development by decreasing 25 units he would not be in substan- tial compliance. The 1988 plan is in substantial compliance with the 1973 plan. He stated a park district usually does not comment on a land use unless it is with reference to recreational locations. Usually it is considered desirable to have open space adjacent to a high density site. There are not specific distances or dimensions on the illustrative site plan. The illustrative plan is generally a site plan but the plan before the Commission is better than that. Generally you do get changes along the line. He feels the plan was drawn to Buffalo Grove Plan Commission October 19, 1988 Public Hearing Page 2 show how you could develop the site with that density. He studied Phase 2 regarding compensation for the flood plan. You could build up to 8 units on this site or less. Phase 1 and 2 could not be developed together in substantial compliance because of the flood plain issue. If the Commission gave them substantial compliance the developer could reduce the 4 driveways. The tot lot could be relocated. Mr. Kirk, with the aid of Exhibit 8, stated there are 14-2 story townhomes with 2 car garages and 2 story condominiums. The height of the condominiums is 22' and length is 198' . He reviewed the floor plans of the condo's and townhomes. The townhomes will be face brick and aluminum with asphalt shingles. The face brick will be all the way around the first floor. There will be wood shutters with a 4 panel garage door. The general material configurations are germane to the 2 story condo units. If they were to loose 25 units it would be a loss of 2.5 million dollars in gross receipts. Mr. Stromberg stated the site generally drains from the north to the south and there is about a 12' topography difference from Checker Road to the Golf Course. He reviewed the engineering. He stated that the water that they will place on the golf course from their site will be located about 500' from the site. They will improve Checker from the center line south on their half of the road. The parking lot will be developed similar to the 1974 plan but the return radii will be a little wider. They will provide the sanitary sewer. The internal parking lot will have combined curb and gutter. The 8' width concrete bike path/sidewalk will be along Checker Road with a 40' wide right-of-way from centerline. They are showing internal sidewalks along the parking lots for access to the units and some rear carriage walks. He reviewed the April 25, 1988 tree survey plan. New trees will be provided in accordance with the landscape plan and final engineering. Prior to 1979 everyone used the flood of record. In 1979/80 FEMA used maps. All the flooding information is on FEMA maps for this site. Commissioner Rosenston stated that of the 23 setback measurements 16 are less than ordinance. This is something he is concerned with. Removal of the tot lot is not the answer, there will be children on this site and they will need a tot lot but in another location. He did not feel it was proper to only plan a part of this parcel rather than the entire parcel. He feels the developer wants to develop this plan whether it was right or wrong, 14 years ago or now. This concerns him. There are many things that do not comply with ordinances that will cause problems, i. e. , rear yard setbacks, space between buildings. Commissioner Goldspiel felt the park district's comments referring to open space did not mean the golf course, but the adjacent parks. There are two areas that are planned for multi-family and there are parks for them. The developer and the Village could agree on something and it could be done. Garden apartments built in other locations in the Village were hard to sell or lease and many plans with these apartments that were approved were not built. He is still concerned about the one townhome that is sitting by itself and would like to see it replanned. Buffalo Grove Plan Commission October 19, 1988 Public Hearing Page 3 Commissioner Braiman stated the present Commission has spent 9 to 10 hours on this plan up to this point trying to give it a good plan review. He felt the entire illustrative site plan was based on density. Setbacks, building lines, etc. , were not discussed in the prior meeting minutes in 1974. Commissioner Howard stated she was giving this plan a full plan review. She was concerned with the tot lot's location for safety reasons. She would probably have disagreed with the tot lot location in 1974. She would like to see it located in another area. The developer meets the parking ordinance but she felt consideration should be given to guest parking. Commissioner Rhodes felt the illustrative plan was a sketch rather than a drawing. In his two years on this Commission he has never witnessed an approval of a plan without 2 parking spaces per unit on it. The Village is agreeable to multi-family but it has to be multi-family that is appropriate for the community. Ms. St. John was concerned with access to the golf course. Mr. York stated the trustees that originally approved the entire golf course plan were voted out of office because of their approval of this plan. The Village has upgraded in the last 14 years. Mr. Hartwick felt counsel's comments to the Commission regarding possible liability were repugnant to himself. Ms. Gilman was concerned with traffic. Ms. Santa Barbara was concerned with guest parking, snow removal and felt there was a potential flooding problem, number of dumpsters, their location and screening, golf balls bouncing off the aluminumsiding of the units and denting them. Mr. Margolis felt the developer had been uncooperative with the Commission and residents. Mr. Moody was concerned with snow removal, dumpsters and density. Mr. Zajicek stated they will remove the snow from the site if necessary. They will provide dumpsters and will comply with the ordinance on this issue. Mr. Alsway was concerned that the developer was only developing Phase I. Mr. Carlson was concerned with the price of units, density and he feels the Village has reached its peak in multi-family housing and traffic on Checker Road. Mr. Elix was concerned with the zoning and stated the meetings in 1972 were so long because the residents fought against this plan. He has been a resident of Buffalo Grove for 18 years. Buffalo Grove Plan Commission October 19, 1988 Public Hearing Page 4 Mr. Bowlan felt the Village Board wanted the golf course in 1972 and let bad zoning come in to get it. The Village Board was voted out after that. He felt the Village should change the zoning and pay the developer the difference. This plan was not acceptable in 1974 and is not acceptable now. Mr. Winter was concerned with the burden on the school system from this project. Mr. Raysa stated the 1974 Ordinance states that a PUD is a tract of land that is developed as a unit. Mr. Goldenberg was concerned with traffic on Checker. Chairman Sheldon closed the public hearing at 11:05 P.M. Respectfully submitted, athleen Comer Recording Secretary APPROVED BY: G/dcze-cliget- Barbara Sheldon Chairman V Buffalo Grove Plan Commission October 19, 1988 Public Hearing Page 5