1977-10-19 - Plan Commission - Minutes REGULAR MEETING
BUFFALO GROVE PLAN COMMISSION
Carley Development, Ridgewood III,
Lexington Hills, Falcon (Tanglewood)
October 19, 1977
Chairman Carl Genrich called the meeting to order at 8:10 P.M. inthe
Municipal Building, 50 Raupp Boulevard.
Commissioners Present: Chairman Genrich
Mr. Harris
Mr. Goldspiel
Mr. Kandel
Mrs, Sheldon
Mr. Capitel
Commissioners Absent: Mr. Shields
Mrs. Force
Also Present: Mr. Christopher Carley, Developer
Mr. James Mikes, Attorney
Mr. Robert Cowhey, Cowhey & Associrte3
Ir. Bruce Johnston, Johnston & Associates
Mr. Ronald Benach, Lexington Development Corp.
Mr. Stan Crosland, Park District
Mr. William Kiddie, Park Board
Mr. Robert Bogart, Trustee
Mr. John Marienthal, Trustee
Mr. Tom Fennell, Director of Community Development
and Planning
Mr. Bart Delaney, Planning Coordinator
Approval of Minutes
Commissioner Kandel moved to approve the minutes of September 7.
Commissioner Sheldon seconded the motion and upon vote the motion
carried unanimously.
Commissioner Capitel moved to approve the minutes of September 28 and
Commissioner Kandel seconded the motion. Upon vote the motion carried.
Commissioner Sheldon abstained.
Commissioner Sheldon moved to approve the minutes of the Carley Public
Hearing of October 5. Commissioner Goldspiel seconded the motion and
upon vote the motion carried. Commissioners Kandel and Capitel abstained,
Commissioner Harris moved to approve the minutes of the Friedman Public
Hearing of October 5. Commissioner Goldspiel seconded the motion and
upon vote the motion carried. Commissioners Kandel and Capitel abstained.
Plan Commission
R.M. 10/19/77
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Commissioner Harris moved to approve the minutes of the Regular Meeting
of October 5. Commissioner ^cldspiel seconded the motion and non vote
the motion carried. Commissioners Capitel and Kandel abstained.
Commissioner Goldspiel asked that a correction be made in the Workshop
Minutes of September 14. He asked that paragraph three be deleted.
There was no objection from other members off the Comri i_on.r.
Carley Development
Mr. Mikes stated that as requested they had met with the Park District.
Mr. Crosland reported on his meeting with this developer. He stated
that they were impressed with the fact that the developer is attempting '
to combine his park site with the two neighboring subdivisions to
provide one large park site. He thinks more input is needed, however,
from engineering on the size and location of the detention basin. He
reviewed his memo of October 18 to Mr. Delaney which summarized his
meeting with the developer. The Park District is requesting a letter
from the developer which contains a statement to the effect that he will
extend the bike path and walkway from his two access points, across their
property and meet with the Green bike path. Mr. Mikes stated that they
will do the things requested in Mr. Crosland's memo.
Mr. Kiddie expressed the Park Board's desire to have a park that will
be one whole complete area. He asked if the developer has any plans
regarding selling his property4 He has heard Levitt will be purchasing
part of the Green property. Mr. Mikes replied that there is a provision
in the annexation agreement asking the developer to cooperate as much
as possible in tying the developments together. He added that another
party would be bound by the annexation agreement.
Mr. Johnston displayed the revised plan and stated that the main change
is in the northwest corner which shows the proposal to extend the right-
of-way to the northern property line. They have moved the bike path
connection to the park up to the extreme north end of the property. This
necessitated some change in the dimension of the lots. They are now
showing 25' setbacks to coincide with what the ordinance reads. Also
shown is a 10'easement along Busth Road.
Mr. Fennell stated that Lake County has suggested a planting easement
between a major highway and a single-family subdivision. It would be
included in the ownership of the lot. The property owner would be
responsible for the maintenance of it but the developer would be doing
the initial planting.
Commissioner Capitel asked to whom the easement would run. He felt it
should be a restrictive covenant. Mr. Mikes stated that "planting easement"
is the wrong term. It is, in fact, a restrictive covenant. Mr. Fennell
stated that a similar situation in The Commons is a covenant that runs
to the individual property owner. Commissioner Capitel suggested that
the additional 10' be put in as a restrictive covenant- and it would go
to the Village for the purpose of enforcing the covenant.
Plan Commission
R.M. 10/19/77
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Commissioner Harris stated that the developer would have to plant the
easement. If it is recorded as a planted area to be planted by the owner,
Mr. Carley is the owner at the time the deed is recorded. He would also
like to see some language in the annexation agreement which states that
the developer would do the planting. Mr. Mikes replied that they will
develop guidelines in the annexation agreement for the ultimate builder.
They will put in whatever the requirements would be for height and
density.
Mr. Fennell felt that the use of berming should be left up to the engineer.
This could foul up the engineering design. He suggested that the zoning
ordinance regarding a minimum 6' buffer be enforced.
Mr. Johnston stated that in planning this development they have conformed
in every way to the ordinance and subdivision controls. Part of the
reason they have a 50' and 60' half right-of-way is to provide space.
This is a buffer. In addition, they have tried to put whatever extra
space they into this area to give the housing unit the opportunity for
screening. He does not think this situation is analogous to a situation
where there are two different types of zoning; i.e., residential and
commercial. They should not think in terms of a 6' permanent barrier.
There was further discussion regarding this. Commissioner Harris
recommended that wording be added to the annexation agreement to the
effect that the developer would provide a buffer which would be sodded,
planted, shrubbed and maintained in such a manner as to provide a
screen not more than 6' in height. Mr. Carley stated that he cannot
accept this at this point.
Mr. Cowhey showed the USGS map. He stated that the flood plain does not
extend as far as depicted on this map. He has talked to the Village
Engineer and Staff and has agreed that the 680 contour, wherever it might
fall on the property, would be what they will work with.
In response to Commissioner Kandel, Mr. Cowhey stated that there will
be some building on the flood plain with compensatory storage. The 1.6 acres
translates approximately into 3i to 4 acre feet which would be equal to
the compensatory storage. He showed a blow-up of the combined park area.
Outlined areas on this represent the detention in a 25-year storm. The
area to the. north of this would be used for more intensive recreation.
Commissioner Kandel asked what method would be used to take water from
the flood plain area on the east side of the park to the detention area.
Mr. Cowhey showed the layout of the storm sewer. They will be collecting
most of the water from the front yards and street by storm sewer. The
balance would be by grading of the lots. Both would release into the
detention basin. A 42" culvert under Busch Road is the ultimate release
point. The slope on the detention basin is about 4 to 1.
In response to Chairman Genrich, Mr. Fennell stated that the connection
with the Green development is possible.
Commissioner Sheldon stated that there are 30 lots on the revised plan
which do not conform. Mr. Johnston replied that this was an error and
they will conform.
Plan Commission
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Chairman Genrich asked what the likelihood of getting the street connection
with Green is. Mr. Fennell replied that a meeting was held between
this developer, Mr. Green and the Village Staff. At this time certain
statements were made and are now under advisement by both groups. If
the Commission would like to see this road connection, at this time it
would be a good procedure for this to made as part of the recommendation
to the Board and it would give the two groups a chance to get together
and iron it out at the Board level. In reviewing the Staff reports,
as far as fire, school, etc. , these subdivisions can be served individually;
however, it would be a much better situation if there were this linkage.
Mr. Carley stated that Mr. Green will lose a lot if the road goes through.
However, he has offered to contribute a lot to Mr. Green and share the
improvement cost of the connector street with him. At this point in
time Mr. Green is not agreeable to sharing the cost.
Chairman Genrich asked about Lake County's intentions regarding Weiland
and Buffalo Grove Road. Mr. Fennell replied that Mr. Balling met with
representatives of Lake County and they propose a realignment of Weiland
Road. This would make a major north-south road through the area. They
would then run Buffalo Grove Road to Aptakisic Road. It would not
continue up to Rt. 22. There was further discussion regarding the
extension of Buffalo Grove Road.
In response to Commissioner Harris, Mr. Mikes stated that he has
submitted certified copies of the trust agreements.
Commissioner Harris asked about the design of the corner lots. Mr. Johnston
replied that they will make them comply. Commissioner Harris asked that
the annexation agreement be changed to read that on every lot or parcel
of land on which a building is constructed they would have a rear yard
of not less than 351 . Mr. Mikes agreed to this.
Commissioner Harris stated that on lot #1 along Busch Road they have
not shown a 10' buffer or building setback from Busch Road. There should
be a 251 setback line. Mr. Johnston stated that this is an omission and
will be corrected.
Commissioner Harris asked if the developer would add a paragraph to his
annexation agreement stating that all lots will conform to R-5 requirements
because this plan does not show all lots conforming. Mr. Mikes replied
that they would do this.
Commissioner Goldspiel asked if this development provides for sidewalks
along Buffalo Grove and Busch Roads. Mr. Johnston replied that it does
not. Mr.Cowhey stated that there is a deep drainage ditch on Busch
Road and there is no place for a sidewalk. As for Buffalo Grove Road,
the plans for it are so nebulous at present. Mr. Fennell stated that
when the road is improved part of the improvement will include the
sidewalks, storm drainage, etc. At this point in time, the engineering
people do not feel a sidewalk would be a practical situation.
Commissioner Harris requested that the southernmost cul-de-sac be
flipped around. Mr. Johnston agreed to this.
Plan Commission
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There was further discussion of the annexation agreement. The changes
requested and agreed to will be considered as part of the recommendation.
Mr. Delaney stated that he talked with Mr. Hitzeman and if thebike path
goes through but not the street connection, it could route the kids to
school. Commissioner Sheldon was concerned about the maintenance of the
bike path during the winter.
Commissioner Harris moved to recommend to the Village Board that the
Carley Subdivision (Exhibit #105-2) and annexation agreement be approved
subject to the following:
1. That the developer has agreed to the insertion of a paragraph
in the annexation agreement which states that every lot or
parcel of land on which a building is constructed shall have
a rear yard of not less than 35' .
2. The developer has agreed to insert in the annexation agreement,
"All lots will conform to R-5 size requirements."
II
3. The developer is to provide a 10' buffer "easement" along
Busch Road and Buffalo Grove Road extended and such buffer
shall be sodded, planted, shrupped and maintained in such
a manner as to form a screen not less than 6' in height.
4. Approval of this subdivision is contingent upon the internal
street connection to the Green subdivision to the north.
5. That the southernmost cul-de-sac be reversed in direction so
it connects with the westernmost street in lieu of the
eastern street.
6. The developer indicate on the plan of development that he
will construct two bicycle paths extending from the westernmost
street to the western boundary line.
7. Thevord "major" in line 3, paragraph 6, page 5 of the annexation
agreement will be deleted.
8. Delete the last sentence in paragraph 20 of the annexation
agreement.
9. Delete the last sentence of paragraph 26 of the annexation
agreement.
10. That the plan of development be revised to include the following
items:
a. The change in design of the cul-de-sac.
b. The proper lot sizes.
c. Elimination of the note at the bottom of the
plan which states (t 65' x 110.77 TYP).
d. Addition of a 10' buffer on lot #1 along Busch Road.
e. The notation of building setback line on lot #1 along Busch.
Plan Commission
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Commissioner Sheldon seconded the motion and upon roll call vote it
carried unanimously.
Commissioner Goldspiel questioned the minimum height of 6' on the planting
buffer.
The Staff was requested to send a copy of the annexation agreement to
the Park District when it is redrafted.
Ridgewood III
Commissioner Kandel reviewed the Final Plat and moved that the Plan
Commission recommend to the Village Board the approval of the Plat of
Subdivision (#103-44) of Ridgewood III with the following condition:
1. That the letter of agreement on permanent monuments be
shown for approval.
Commissioner Sheldon seconded the motion and upon roll call vote the
motion carried unanimously.
Lexington Hills
Chairman Genrich asked how this revised plan differed from the plan
previously presented. Mr. Benach stated that the triple series of loop
streets has been eliminated. A possible extension to the property to the
south has been shown and the detention area has been relocated. They
also picked up a lot and now have 56.
Mr. Johnston showed an aerial photograph with an overlay which depicted
the surrounding land uses. He stated that the bike path ties in with
the Zale bike path to the north. As it extends to the south it intersects
with an east-west bike path.
Mr. Crosland stated that they have reviewed the plan briefly. It is the
consensus of the Park Board that they will accept a cash donation or
$43,000 in lieu of land. They have requested that a formal presentation
be made. However, they are also asking for a clarification of the
bedroom mix and also the size and dimension of the detention area. They
also want justification that the bike path meets with the Master Plan.
Mr. Benach stated that they do not know yet exactly what the detention
requirements will -be. The bedroom mix will be 15% two-bedroom and
85% three-bedroom. He added that they have contacted the school district
and received a letter from Dr. McKenna acknowledging the contribution.
Mr. Fennell reported that he received a letter from District 102 and
they felt there should be more of a cash contribution then the ordinance
provides.
Commissioner Harris informed the developer that the Village may not want
to accept what is shown as a p park donation on the plan. Mr. Benach
replied that he understands this.
In response to Commissioner Harris, Mr. Benach stated that they are
not doing any major drainage revisions with the new plan. The site is
very level and because of that they are able to move the detention area
around.
Plan Commission
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In response to Commissioner Harris, Mr. Benach stated that they have
reduced the number of lots they are asking for a variation on from four
to two.
Chairman Genrich asked if there are any kind of design opportunities around
the detention area. Mr. Johnston replied that there aren't. One possibility
would be to move the bike path to the east and add 25' to the potential
park or tot lot. It would not exactly line up in terms of crossing the
minor street or with the property to the north. Chairman Genrich stated
that the Village has had problems with houses backing up to parks. Also,
there will be fences all around the park area.
Mr. Benach stated that they storm sewer their detention areas so that
in a heavy rain instead of water backing up down the center it goes
around the outside. This will make it a usable open space.
Commissioner Sheldon was concerned about the park facing on a heavily
travelled road and also felt that the bike path is inaccessible. Mr. Benach
felt the sidewalk along Pauline provided accessibility.
In response to Commissioner Harris, Mr. Benach stated that they will be
dedicating the detention area. They feel the Park District should maintain
it. If they take the money in lieu of land, they should at least mow
the grass.
Commissioner Goldspiel asked about the possibility of fronting some of
the houses on Pauline. Mr. Johnston felt this would create more problems.
Commissioner Goldspiel was concerned about the alley-effect of a straight
and narrow bike path. Mr. Benach stated they would bend the bike path
a little.
Commissioner Goldspiel did not feel the Plan Commission could approve a
plan with a 10' side yard. Mr. Johnston showed a lot configuration of
lot #2 in block 4. It was an illustration of how the problem on the
corner lots could be solved regarding line of sight. Even though they
have a 10' side yard, they can still achieve line of sight requirement
of the ordinance.
Chairman Genrich polled the Commission regarding their preference if t$e
plans presented. It was the consensus of the Commission to go with the
plan presented tonight. Commissioner Goldspiel was concerned about the
detention.
Chairman Genrich also polled the Commission regarding the future use of
the land on which the Evert house sits. They all agreed that this should
be residential.
In response to Chairman Genrich, Mr. Benach stated that the bike path
would be constructed.
p
Chairman Genrich stated that he had received a letter from District
2
which stated that they would like a donation of $904 per unit instead 0of
the offer of $187. They also expressed their concern of getting too
many children before a new school is built. This was a carbon copy of
the letter sent to Mr. Fennell dated October 18. A copy of this will
be sent to the commissioners.
Plan Commission
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A Public Hearing date of November 16 was set. Chairman Genrich summarized
the points brought up in the meeting as follows:
1. The Public Hearing will be held on the plan presented
tonight with no major changes.
2. There is concern about the school district's reaction.
He asked Commissioners Sheldon and Kandel to meet with
the Staff and school district. Mr. Balling was asked
to set this up.
3. In terms of the property that the Evert house is on, the
Plan Commission is desirous of that being residential when
it does come into the Village.
t . The annexation agreement will be mailed with the packet for
the Public Hearing.
5. The Park District would like to have a formal presentation
around the first of the month.
Falcon (Tanglewood)
Mr. Bogart explained that the county has asked for a wider road than was
originally picked up by the Staff or developer. The Board renegotiated the
plan to allow the width. Mr. Falcon stated that the Board approved
shifting the development to the west forfeiting the extension of Kennicott.
The new plan is upported by new preliminary engineering. Tonight he is
requesting approval of the preliminary plat for the development and a
positive recommendation to the Board of Trustees.
Commissioner ".andel moved that the Plan Commission recommend to the
Board the approval of the preliminary plat. Commissioner Sheldon seconded
the motion and the following roll call vote was taken:
Commissioner Harris yes Commissioner Sheldon yes
Commissioner Goldspiel no Commissioner Capitel yes
Commissioner Kandel yes
The motion carried.
Cash Contributions from Developers
Commissioner Harris brought up the question of whether the cash contributions
made by developers in the Village are supposed to be used only for
capital expenditures. He asked if we have a procedure to follow through
to insure that the Park District, school districts and other agencies
do, in fact, use these funds for capital expenditures and not operating
funds. Mr. Fennell replied that there is no procedure.
Adjournment
A motion was made and seconded to adjourn. The meeting adjourned at 12:00 A.M.
APPROVED: Respectfully fitted,
at
Carl Genrich, Chairman Li da Isonhart, Recording Secretary