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1977-07-13 - Plan Commission - Minutes PUBLIC HEARING BUFFALO GROVE PLAN COMMISSION Amendment to Zoning Ordinance July 13, 1977 Chairman Carl Genrich opened the Public Hearing at 8:10 P.M. in the 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. Richard Heinrich, Chairman, Board of Zoning Appeals Mr. John Marienthal, Trustee Mr. William Balling, Village Manager Mr. Bart Delaney, Engineering Aide Chairman Genrich informed those present that the Public Hearing was being held to consider a change of powers of variation being requested by the Board of Zoning Appeals. He asked Mr. Heinrich, Chairman of the Board of Zoning Appeals, to explain specifically what they are asking for. Mr. Heinrich stated that the request is to add a sentence to Article XIII, Section 4.1 of the Zoning Ordinance. Section 4.1 lists the permitted variations by the Village Board after a Public Hearing by the Board of Zoning Appeals. The sentence they want to add would be, "To permit such other variations from specific standards within this ordinance as circumstances may justify." Mr. Heinrich went on to state that this does not in any way change the other specific conditions for variances contained in Article XIII. It has no effect on yard requirements. This type of phrase is standard in most ordinances. Mr. Balling stated that this has been reviewed with the Village Attorney and it is within legal scope. Ordinance 76-39 went one step in opening up certain areas of the Zoning Ordinance in delineating to the Board of Zoning Appeals the authority to approve certain variation requests. This would carry it one step further. Mr. Balling added that in his memo of May 19 they referred to Article 13, Item J, Section 4.1. This should have been Item G. Commissioner Kandel asked for a specific instance where this change would be desirable. Mr. Heinrich replied that a number of their requests have been for detached garages. According to the Zoning Ordinance the requirement is 10' away from an existing structure. There is no reason for having the 10' requirement as long as they can demonstrate that it does not affect the safety or welfare of the structure. Plan Commission BZA P.H. 7/13/77 -2- Commissioner Kandel asked if this is approved, are we saying that a request can be made and a hearing can be held to vary this provided it is approved by the BZA and Village Board? Mr. Heinrich replied that this is correct, Commissioner Capitel asked if there are any methods of ascertaining standards that would be utilized in determining this. Mr. Heinrich replied that the standards are set forth in the Zoning Ordinance presently. These standards are in Section 4.4 Referring to the desirability of giving hearings to anyone who requests them, Commissioner Goldspiel felt this would be an expensive proposition: They may be holding hearings on many things they might not want to grant. He thinks the main point may be that this throws the Zoning Ordinance up for grabh. He would be willing to consider specific areas where variations might be needed or not needed as a category on their own merit. Mr. Heinrich replied that there is a fee required of anyone applying for a Public Hearing. The amount depends on the type of variation required. Commissioner Harris stated that in reading Section 4, Paragraph 4.1, where this sentence is suppose to fit in, it states nine instances where variations can be granted. In his opinion, the sentence the BZA wants to add says that anything can be changed. He is in agreement with Commissioner Goldspiel that there will be a lot of people who will think this will give them a change to get their variation. Mr. Heinrich responded that the,intent is not to touch the permitted variations already in the ordinance. Commissioner Harris felt that the sentence should be worded differently in this case. Mr. Heinrich stated he would find no problem in changing the wording to specifically state this. They are not saying the permitted variations should be changed. Commissioner Kandel suggested the Village Attorney be asked for help in rephrasing this. Mr. Balling stated that as he understands it, the objective of the sentence is to permit variation of the specific standards as circumstances may justify and also give a broad grant of authority on a variation basis. The sentence tends to negate A through F of Ordinance 76-39. He also doubts that the language can be restructured. In response to Commissioner Harris, Mr. Heinrich stated that at present they have four cases pending that would be affected by the addition of this sentence. There are three separate instances. Commissioner Goldspiel stated that he does not feel the language is the real problem. The real problem is how much do you want to open this up? Mr. Mike Klees, 328 Cherrywood, stated that three months ago he requested a variance so he can build a family room in his backyard. He came to the Zoning Board meeting the night it was scheduled and the Village Attorney said they could not grant him a Public Hearing because of the 10' requirement. He has waited three months now for this and hopes things can progress to a point where he can go back to the Zoning Board and ask them again and they can either grant it or turn Mr. Balling lling explained to Mr . Klees that the Village adopted the Zoning Ordinance in 1961 as a package ordinance. Some of the concepts in the Zoning Ordinance are very traditional. There wasn't any specific input into the ordinance as to why the 10' requirement was developed. However, it would relate to life safety. APPROVED: _ / Respectfully s mitted, fr Carl Genrich, Chairman Li da Isonhart Recording g Secretary SPECIAL MEETING BUFFALO GROVE PLAN COMMISSION Amendment to Zoning Ordinance, Falcon, Ridgewood, Candlewood Creek East, Carley Development, Green, Hoffman Group, Oak Creek Phase III July 131. 1977 Chairman Carl Genrich called the Special Meeting to order at 8:50 P.M. in the 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. Richard Heinrich, Chairman, Board of Zoning Appeals Mr. Jerry Falcon, Falcon Development Company Mr. John Kinley, Toups Corporation Mr. Robert Fogarty, Centex Homes Mr. Tim Thom, Centex Homes Mr. 011e Saarinen, Fairfield Builders Mr. James Mikes, Attorney, Carley Development Mr. Bruce Johnston, Johnston Associates Mr. Robert Cowhey, Cowhey Associates Mr. Charles Bencic, Hoffman Group Mr. Ken Rodeck, Gregg Builders Mr. John Marienthal, Trustee Mr. William Kiddie, Park Board Mr. Stan Crosland, Park District Mr. William Balling, Village Manager Mr. Bart Delaney, Engineering Aide Amendment to Zoning Ordinance Commissioner Kandel stated that he would like to see the wording changed to take away the feeling of complete openess of the ordinance that the proposed sentence would give, if adopted. Commissioner Capitol stated that as a new member of the Commission he has a lot of reviewing to do. However, it would seem this is a rather palliative measure, treating the symptom rather than the disease and will only confuse things further. It appears the action that should be taken should be a sixteen year update of the Zoning Ordinance rather than some ubiquitous phraseology saying jurisdiction can be extended to anything that comes before it. Mr. Heinrich stated that he agrees, however, that is something that would take sixteen years to do. Plan Commission Special Meeting 7/13/77 -2- Commissioner Sheldon stated that she feels she needs more time and research to give an adequate answer on this proposal. There is a need and as the Village grows and times change, we also have to change. Commissioner Kandel felt that everyone should have a chance to be heard but didn't know how this could be accomplished. Commissioner Goldspiel made a motion that the Plan Commission recommend that the Village Board not adopt the proposed amendment to the Zoning Ordinance. Commissioner Sheldon seconded the motion and upon roll call vote the motion carried unanimously. Falcon Mr. Jerry Falcon stated that the Plan Commission previously approved an R-6 plan with 181 single-family lots. Subsequent to that the Village Board took a poll and based on that they would entertain approval on an R-5 proposal with 175 lots. They authorized the Village Attorney to revise the annexation agreement accordingly. Mr. Kinley described the R-5 plan. It contains a loop street system. There is a 40' dedication to Nichols and a 50' dedication to Arlington Heights Road. The minimum lot size conforms with R-5 zoning. The minimum lots will be 671'x107. The recently adopted changes in the Zoning Ordinance have also been taken into consideration and the plan meets the 30' front and 35' rear yard requirements. The average lot size is 8400 square feet. In the previous plan lots 52 and 55 were open to the park. They have now created an easement to provide access to the park. There will be a paved 4' walkway that will be dedicated to the Park District. The walkway for pedestrian access to Arlington Heights Road will be at the south end of the property. There will be sidewalks on both sides of the street throughout the development. There will also be a 4' sidewalk from the southeast corner of the development on the west side of Arlington Heights Road down to the old Levitt model!. Mr. Kiddie asked if they could assume that everything the developer had stated in relation to the R-6 plan would also apply to this plan (trees, topography, sidewalk through park areas, etc.). Mr. Falcon replied that it would apply to this plan also. Mr. Balling stated a complete , staff review of the proposed land plan has been conducted. Two areas of concern are in the road system. These are the cul-de-sac to the east and the one to the west. They slightly exceed standards set forth in the Subdivision Regulations. After reviewing both they make a recommendation that the variation which was specifically requested be granted. The Staff sees no conflict. Another element which Mr. Balling wanted to bring to the Plan Commission's attention is the fact that the principal collector street does not align with Nichols at a 90 degree angle. It is an acceptable design to the Village Engineer, however. Commissioner Kandel asked if the curbing on Bernard will line up with the curbing on Nichols. Mr. Balling replied that it would. Plan Commission Special Meeting 7/13/77 -3- Commissioner Kandel was concerned about the Fire Department's reaction to the length of the cul-de-sacs. Mr. Balling stated that the Fire Department had asked that the fire hydrants be placed 300 feet apart. He added that there is no variation in the pavement, only to the length of the cul-de-sac. A truck could turn around in them. Inzesponse to Commissioner Sheldon, Mr. Kinley stated there are sidewalks throughout the development but there are no specified bike paths. Commissioner Goldspiel asked about a bump on lot 108 and asked if this could be straightened out. Mr. Kinley replied that they would smooth this out when they do the engineering. Commissioner Goldspiel made a motion that the Plan Commission recommend to the Village Board the approval of the plan presented for the Falcon Development, marked Exhibit A but actually Exhibit B (Exhibit #216-6 in the Plan Commission files) and dated June 27, 1977. Gommissioner Kandel seconded the motion. Chairman Genrich referred to a letter from Sgt. Voigt dated June 1 relating to the traffic light on Arlington Heights Road. He also stated that in the Plan Commission's motion on the R-6 plan they had asked that the Staff review with District 21 the possibility of sharing in the cost of the sidewalk using some of the donation from the developer. Commissioners Goldspiel and Kandel agreed to include this in the motion. Trustee Marienthal stated that this had been presented to the school district and they reacted in a positive manner. The following vote was taken on the motion: Commissioner Harris yes Commissioner Sheldon yes Commissioner Goldspiel yes Commissioner Capitel abstain Commissioner Kandel yes The motion carried. Commissioner Capitel explained that he was abstaining since he has not been privy to previous plans and his vote will not affect the outcome. Ridgewood Several weeks ago at a Workshop Meeting Mr. Fogarty presented a single-family and townhouse plan to the Plan Commission as alternates of the duplexes in the northeast corner of Ridgewood. The townhouse plan called for 58 units. After a poll they were asked to come in with the townhouse plan. Mr. Fogarty stated they were not prepared for the resistance from the home buyers. As a result of that they are back tonight with a single-family plan. He feels this one is better than the single-family plan offered at the Workshop Meeting. This plan has no variations and conforms to R-5 single-family. Mr. Thom presented the plan stating that it consists of 26 single-family lots. The largest lot is 12,965 square feet and the smallest is 1560 square (-01/7/4 feet with the average approximately 9268 square feet. Ridgewood III is bordered on the north by Pauline, on the east by Horatio and by single-family on the south. The street that runs through the 26 lots has a 23' right-of-way with 27' pavement. Commissioner Harris asked what the front, side and rear yards are. Mr. Fogarty replied that they are the same as they have in the single-family already there now. Plan Commission Special Meeting 7/13/77 Commissioner Harris asked if they would consider going with R-5. Mr. Fogarty replied they prefer to go with R-6 because that is what they are presently using. Regarding Lot 6, Commissioner Harris asked why the easements do not follow a straight line. Mr. Fogarty stated that the utilities are already in and the easements follow the utilities. Commissioner Harris asked the Staff if there would be any problems with the utilities in the rear. Mr. Delaney replied that Mr. McCoy had reviewed the plan and he did not point out any adverse effects. Discussion followed regarding the accessibility of utilities, especially if fences are put up. Commissioner Harris suggested that it would be in order to restrict some of the lots from having a fence because of the utilities. In response to Commissioner Harris, Mr. Fogarty stated that the water main through the center of the property will be abandoned. At Commissioner Harris' request, Mr. Fogarty stated for the record that they will conform to R-5 yard requirements. Mr. Riddle asked if there was a reduction in the size of the tot lot. Mr. Fogarty replied that the size of the tot lot will remain the same and it will be conveyed to the Village. He added that the bike path would be dedicated to the Village also except for the one in the townhouse krea which will be conveyed to the townhouse association. Mr. Crosland asked if the open space area in Ridgewood III was part of the total open space amenities for the entire project. After a short discussion he was told that it is part of the entire project. Commissioner Harris stated that while it cannot be calculated that the tot lot serves just this area, if it is smaller than what it originally was then they owe the Park District some land or money. Chairman Genrich asked Mr. Balling to meet with Mr. Crosland regarding the tot lot. Chairman Genrich asked if the developer has an understanding with the Park District that he would grade and seed whatever property is dedicated. Mr. Fogarty stated that this is correct. Mr. Ed Finke, 385 Hazelwood, asked that in considering whether to recommend single-family or townhouses the same consideration be given as was given the Falcon Development drat by decreasing density you increase quality. Commissioner Goldspiel was concerned about the alignment of the street in Ridgewood with Eugene. Mr. Fogarty was not sure if what was shown on the plan were the actual locations of the streets across Pauline. Commissioner Goldspiel requested that the developer have a population impact report and tax revenue study done for the Public Hearing before the Board. Mr. Fogarty stated that he would do this. The Plan Commission received a preliminary project evaulation form from Aptakisic-Tripp School stating they had no objection to this plan. Plan Commission Special Meeting 7/13/77 Li -5- Commissioner Kandel moved that the Plan Commission recommend to the Village Board that the single-family proposal presented by Ridgewood (Exhibit #103-43) be accepted by the Village Board over the townhouse proposal. Commissioner Capitel seconded the motion. At the suggestion of Commissioner Goldspiel the Staff will look into the possibility of off setting the street on the right-of-way so it will line up with the street across Pauline better. Mr. Balling stated that with sidewalks on both sides they do not have much flexibility. They will look into this further and make a recommendation to the Board. A roll call vote was taken on the motion and it carried unanimously. RTA Commissioner Goldspiel announced that the RTA is having a listening post on Monday, July 18, from 10 A.M. till Noon at the Village Hall. They would like to hear comments on the RTA from the public. Candlewood Creek East Subdivision Chairman Genrich stated that this plan was presented sometime ago to Mr. Rapp. Mr. Saarinen informed the Commission that tentative approval has been received on this. A letter is required from Buffalo Grove that there are no objections to the project. (They are not annexing to Buffalo Grove but are within one and one-half miles of the boundary. ) Mr. Balling stated that a subdivision review on the plat has been conducted. He found a couple of deficiencies relating to the street lighting and parkway trees. In other respects it would be in conformance. Mr. Balling went on to state that on November 10, 1975, Resolution 75-41 was passed which makes a positive statement on development in Lake County of unincorporated property. It also conflicts with Buffalo Grove's Comprehensive Plan. Regarding water, the system this subdivision would be served by would be a Lake County system. There is a production dificiency in water in the south Lake County system at this time. However, Buffalo Grove does not have the authority to comment on this. Chairman Genrich stated that accordingto the preliminary project evaluation form, Mr. Roggendorf, Superintendent of District 102, indicates the district has no objection to this development and they have reached accord with the developer in terms of their requirements. Mr. Crosland stated that the developer does not meet 72-35 regarding open space and recreation amenities. A Commonwealth Edison park site had been drawn in on the plan but they did not like to see this. Commissioner Goldspiel asked if the open space was under high tension wires. Mr. Saarinen replied that in the plan presented tonight it was but the plan has since been revised. Mr. Marienthal stated that this subdivision will add to the burden of the school districts and will increase services and costs to the residents. Plan Commission Special Meeting 7/13/77 -6- Commissioner Kandel moved that the Plan Commission advise the Village Board that inasmuch as the Candelwood Creek East Subdivision does not conform to many of the regulations of the Subdivision Ordinance of Buffalo Grove, nor is it in conformance with the Comprehensive Plan, that they notify Lake County Planning Commission of this fact and request that Lake County deny the petition for development. Commissioner Goldspiel seconded the motion. Upon roll call vote it carried unanimously. Commissioner Goldspiel moved that the Plan Commission recommend that the Village insure that there are procedures by which the Plan Commission would be made aware of any proposals to build in unincorporated areas within the Village's one and one-half mile sphere and that the Village make known to Lake County its objection in principal to building in unincorporated areas within the sphere. Commissioner Kandel seconded the motion. Upon roll call vote it carried unanimously. Carley Development Mr. Johnston presented the plan (Exhibit #713-1) and stated that it encom- passes 40 acres at the intersection of Busch Road and the future Buffalo Grove Road extension north. He presented two aerial photographs showing the surrounding land use. They are requesting annexation of the 40 acres with a zoning of R-5. It will be a standard subdivision with no variations. They will dedicate half the right-of-way on Busch road which is 60' and half the right-of-way on the future Buffalo Grove Road which is 50'. The spine road proceeds north from Busch Road and connects with Buffalo Grove Road. The roads off of this feed the majority of the lots. They have provided for dedication of park land on the west which is contiguous and adds to the park land on the Green parcel. This is 2.87 acres park and detention. It does not include the bicycle path access points which would bring it up to 3.01 acres. Mr. Johnston further stated that the plan consists of 126 lots with a 7200 square foot minimum. The average lot size is 9047 square feet. The gross density is 3.15 units per acre. They are providing a 60' right-of-way with standard 27' pavement. There will be a 5' sidewalk on both sides. They have a 60' radius right-of-way for the cul-de-sacs. There are islands in the center of three of them which are large enough to accept landscaping. Commissioner Harris asked how the park dedication compares with the requirement. Mr. Johnston replied that it is more than required. Commissioner Harris inquired about the grading in the overall park site. Mr. Cowhey stated that they will coordinate both park areas. They haven't quite resolved the final layout of the park. It will be a dry detention area. The detention area on the Green parcel will be extended onto the Carley and the upper area will be for active use. Commissioner Harris asked if the developer would be able to meet the new yard requirements. Mr. Johnston replied they would. Also in response to Commissioner Harris, Mr. Mikes stated they would be making a cash donation to the school. Plan Commission Special Meeting 7/13/77 -7_ Commissioner Goldspiel asked how the soil is on the site. Mr. Cowhey responded that there have been preliminary soil borings taken. They indicated relatively the same type of soil as the Green parcel. It will cost some money to improve the property but the owner has been apprised of this. It is primarily buildable but expensive. Regarding the flood plain, Mr. Cowhey stated the only unusual condition is there is a low spot in the northeast corner. They have also discussed taking water from the southeast back to the southwest corner in the park area. There was a short discussion regarding access to the school and at the suggestion of Chairman Genrich they will move the northern bike path access further north. Mr. Balling reported that the Staff review is under way at this time. Chairman Genrich asked about the possibility of having duplexes or something more expensive than usual in this development. The developer replied that the market dictates against houses on the higher priced side but there is the possibility for higher density or mixed. Mr. Johnston added that he does feel that several housing types would not work on a parcel of 40 acres surrounded by R-5. Chairman Genrich and Mr. Balling will set the Public Hearing date for this development and following was requested: 1. Project information forms. 2. Economic impact study. 3. Meeting with the Park District. 4. Meeting with the School District. Prudential/White: Hen Chairman Genrich signed the Final Plat for Prudential/White Hen. It was approved on June 1, 19?7. Green Chairman Genrich signed the Green Plat of Annexation. Hoffman Group Mr. Bencic presented the Final Plat of the model area for approval. Commissioner Kandel moved to approve the Final Plat of Highland Grove Unit I subject to the following: 1. Submit a letter from the post office indicating approval of the names of the streets as indicated on the plat. 2. Addition of proper owners' signatures. Commissioner Capitol seconded the motion. Plan Commission Special Meeting 7/13/77 -8- Commissioner Goldspiel asked that in addition to the above the following be done: 1. Addition of graphic scale. 2. Drawing has to be dated. 3. Courts should have names changed to Highland Drive. 4. Resolve problem of 17' building line as compared to the annexation agreement. There was considerable discussion concerning #4 and the interpretation of the annexation agreement. Commissioner Goldspiel was concerned about the difference in the building lines on the lots around the cul-de-sacs. Commissioner Kandel withdrew his motion and Commissioner Capitol withdrew his second. The Staff was asked to check on whether the lots that have 17' side yards conform to the annexation agreement Paragraph 2, Section A, 2 a and b. Oak Creek Condominiums Mr. Ken Rodeck submitted the Site Plan of the four-story section of the overall plan for verification that it is in conformance with the overall plan. In response to Commissioner Harris, Mr. Rodeck stated that they will not be building the swimming pool shown on the overall plan but not on the Site Plan presented tonight. The plan was approved with the gross amount of units. The only thing broken down was two-story, three-story and four-story. In Phase I and Phase II of the apartments there are 154 two-bedroom and 176 one-bedroom units. The other area that is built is condominiums with 102 two-bedrooms and 52 one-bedroom._ The four-story that is proposed on the final plan has 118 two-bedroom and 40 one-bedroom. There is a total of 360 one-bedroom and 470 two-bedroom units for the project. They proposed three recreation centers on the overall master plan. They will not build one of them because the people do not want to pay the per unit cost or the monthly cost of operation and maintenance. They have had three attorneys write into their contracts that we will not put in at any time the recreation facilities (in the two-story). Commissioner Goldspiel stated that if they are changing the plan they owe the Park District something. Chairman Genrich suggested that the Park District be advised of the deletion of the recreation facility. Discussion followed on what action was requested of the Plan Commission. Mr. Balling stated that subdivision plat action is what they are processing this as. No action was taken on this project. Adjournment, Commissioner Kandel moved to adjourn and Commissioner Sheldon seconded the motion. The meeting adjourned at 12:30 A.M. APPROVED: , Respectfully submitted, Car enr c a rm an Linda Isonhart Recording Secretary