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1977-03-02 - Plan Commission - Minutes REGULAR MEETING BUFFALO GROVE PLAN COMMISSION Mueller/Green, Schwaben Center & Koch Property March 2, 1977 Chairman Carl Genrich called the meeting to order at 8:10 P.M. in the Municipal Building, 50 Raupp Boulevard. Commissioners Present: Chairman Genrich Mr. Mendenhall Mr. Harris Mr. Keister Mr. Shields Mr. Goldspiel Mrs. Force Commissioners Absent: Mr. Kandel Also Present: Mr. David Addis, Attorney, Mueller/Green Mr. Raymond T. Green, Developer Mr. Gerald Estes, Economics Research Assoc. , Mueller/ Mr. Robert Cowhey, Engineer, Mueller/Green Green Mr. Ed Braun, Schwaben Center Mr. Horst Lichtenberger, Athletic Club Mr. Norm Rockel, President of Schwaben Mr. A. T. Henderson, Koch Property Mr. John Marienthal, Trustee Mr. William Hitzeman, Superintendent, District 96 Mr. Stan Crosland, Park District Mr. William Kiddie , Park Board Mr. Bart Delaney, Engineering Aide Mr. Chuck McCoy, Director of Public Works Mr. Carl Rapp, Village Engineer Mr. William Sommers, Administrative Assistant Approval of Minutes Commissioner Shields moved to approve the minutes of the meeting of February 16, 1977. Commissioner Keister seconded the motion. The following corrections were made: Page 3, paragraph 5, change "expand" to "extend" ; page 4, paragraph 3, insert "landfill" between "sanitary" and "operation" ; page 7, paragraph 3, change 20' to 27' . Upon vote the motion carried. Mueller/Green Mr. Addis introduced Mr. Green who was not present at the meeting of January 5. Mr. Green along with First Savings Corporation have the option to purchase the subject property. Plan Commission Page 2 March 2, 1977 Mr. Addis referred to the minutes of the January 5 meeting and the points listed in the minutes. Regarding the possibility of a land trade-off with Levitt, he met on several occasions with Mr. Sleek from Levitt and Levitt advised him that from a planning point of view this was a good idea. Prior to the date this was brought to Levitt they made a number of sales of lots immediately adjoining the park and sold them on the basis that they adjoined the park and got premiums for them. If Levitt should enter into a land exchange agreement they would be exposing themselves as having taken actions inconsistent with representations in the course of making the sale. However, in further discussions with the Park District, Mr. Rapp and Mr. Larson, it was Mr. Larson' s suggestion that as he under- stood it the Village had title to the park and was in the position to make the trade with Mr. Green. They would include a paragraph in the draft of the preannexation agreement which would give to the Village the right to give Mr. Green the right to enter into the exchange. This was discussed with Levitt and as long as it is a situation in which they are passive they will not make any effort to prevent this from happening. In that way they will not have the legal problem. Consequently, Mr. Addis stated, they have prepared a draft of a preannexation agreement which includes such a paragraph as mentioned above. They have also prepared two plats, one which is essentially what they had before with some changes and the other assumes the exchange of park land. It is the Village' s decision as to which the final one will be. Mr. Riddle stated that this new park plan was before the Park Board and they marked it as Exhibit #3. Conceptual approval was given to this plan by the Park Board. He added that they feel this will allow the people of the area to have one single multi-purpose, full-service park area and should another development come in to the east, it might be possible to enlarge this park. Mr. Sleek stated that Levitt is willing to go along with whatever the Village desires with regard to the park property. They are pleased with the new plan. They have sent a letter to all the Levitt homeowners who purchased land adjoining the original park. Mr. Sleek read from this letter the options given the homeowners. They are: 1. Cancellation of the sales contract with full refund of deposit; 2. Move to a different lot with difference in cost of original lot and any lot the buyer might choose being refunded; 3. The homeowner can keep the original lot and if the park should be moved, the lot premium would be refunded in full ($1500). In response to a question from Chairman Genrich, Mr. Rapp stated that the plan will have to go to the Village Board for approval and then come back to the Plan Commission for a Public Hearing. Mr. McCoy added that they will have to deviate from normal planning policy in that the Board will have to approve this prior to the Plan Commission approving the final plan due to maintenance. This is not just a simple swapping of land. Mr. Green has to purchase the existing park site along with the land that they would be dedicating. Plan Commission Page 3 March 2, 1977 Commissioner Goldspiel requested that Mr. Raysa review this so we have a legal opinion to approve it on. Commissioner Goldspiel asked if Levitt is getting any compensation for the $12,000 in excess that they might give back to some of the buyers. Mr. Sleek replied that they are getting some compensation by cooperating with the Village in getting a larger park. There is no dollar compensation. Mr. Addis stated that at the suggestion of two Board members at the last Plan Commission meeting, they have made the plan conform to R-5 and are asking for R-5 zoning. Commissioner Goldspiel stated that the annexation agreement should be corrected to read R-5 instead of R-6. Mr. Estes showed the new plan with the 17 acre park (Exhibit #327-2). He stated the major change in this plan is the park. There are 297 units compared with 302 in the previous plan. They kept the tot lot on the original Camelot park site to the west. From that point they planned a green way that runs over to the major park. There is also a green way that goes to the north and serves as the logical entrance to the school site. One portion on the north end of the 17 acre site has been designated as a tot lot and they have added a new tot lot in the eastern portion of the development with another trail connecting to it. Mr. Estes showed a plan depicting the natural environmental characteristics of the property. There is a very low flood plain. It is less then 1' deep. He made an inspection of the area and most of the trees are undergrowth. It is very heavily grown over with young trees. A great portion of the trees fall in the open space area. Mr. Estes showed the walkway system on the plan. He stated there are sidewalks along the major through and loop street' and on the cul-de-sac with the tot lot. Mr. Cowhey showed where the soil borings were taken on the site. There is very little problem as far as soil with any of the building sites. He went on to explain that as part of the trade-off with Levitt they woulu propose to pick up two minor detention areas that they had planned and consolidate them into their major detention. Because of the shallow nature of the existing retention during a high-rain period, this could be handled quite conveniently. They can dig a very shallow area approximately 3' in depth staying within the flood plain areas that are there now. This would cover the total south portion of the property and also the Levitt piece. This would be a temporary ponding in major storms. It would be very dry and functional park land. Mr. Cowhey stated that the upper and easterly portion would drain back to the north and it would be their suggestion to enter into some sort of a compromise with Levitt where they may pick up part of Green' s detention on their property to the north. However, they can handle it themselves if necessary. Regarding the sanitary sewer, Mr. Cowhey stated that it will have to be brought back from a lift station and this would also have to be worked out with Levitt. He added that there appears to be a minimum of problems on the site. Plan Commission Page 4 March 2, 1977 Mr. Rapp stated that utility-wise it is ideal. The water main is to the west of the property line. The southeast corner is very usable for detention but not good for building. The zoning surrounding this property is very compatible. He finds no major faults with the plan at this time in the preliminary stage. At the January 5 meeting Chairman Genrich had asked the Staff to look into the fact that there is no north-south street in this development. He felt there should be one due to the fact that the north-south street in Camelot was substandard in width. Mr. McCoy stated that the Camelot street is substandard only in right-of-way width, not pavement width. Commissioner Mendenhall informed the Commission that this change was made prior to Village Board approval. Mr. Hitzeman expressed his desire for the school district to have some input on the decision of the ingress and egress of the Wagner parcel. Chairman Genrich asked who would be maintaining the green way path. Mr. Rapp stated that the usage on this site lends itself to total Park District maintenance and control and at this point he thinks they are willing to take this over in a package form due to the split recreational use. Mr. Kiddie agreed stating that he has not put this before the Board but he thinks this would be correct if they have grading, seeding, etc. This would include the tot lots. Commissioner Keister asked what the narrowest width of the pathways is. Mr. Estes replied that it is 40' minimum and paved. In response to a question from Commissioner Keister, Mr. Estes stated that there will be sidewalks on both sides of the street. Commissioner Keister asked what the width of the pathway to the tot lot in the northeast corner is. Mr. Cowhey replied that it is 20' but can be widened. He added that this, too, will be turned over to the Park District. Commissioner Keister asked if the tot lots themselves are up to minimum standards for the Park District. Mr. Estes stated that they are bigger then the required 10,000 square feet. Commissioner Keister stated that the Plan Commission is about to propose some revised rear yard and side yard setback lines in the Village. This has not been formalized. On R-5 it would be a 35' rear yard and 14' side yard. The front yard would be 25' . He asked if the developer would be willing to accept these setbacks on their proposal. Mr. Green stated that the side yard could be a problem but he doesn' t think the rear yard would be. Commissioner Keister stated that he questions the need or propriety of having the Board approval before the Plan Commission approval. Commissioner Force was concerned about the acceptance of the new side yard recommendation. Commissioner Harris asked Mr. Cowhey to review the detention in the north section of the property again. Mr. Cowhey stated that the area north of Plan Commission Page 5 March 2, 1977 the ridge line is approximately 28 acres. This could be accommodated on site with one or more shallow areas with release onto the adjacent property. They suggest some type of arrangement be made with the property owners to the north to more logically locate the detention near the creek as they are doing on the south. It is not a problem one way or the other. Commissioner Harris asked the developer to prepare a neighborhood plan showing the street layout of the surrounding property. Mr. Cowhey stated that they would have this for the Public Hearing. Commissioner Harris asked why they are running the sanitary sewer to the north. Mr. Cowhey stated that the interceptor on Route 83 is less then 8' deep. Because of the elevation differentiation, by the time they extend a normal sanitary sewer along Busch Road they would be out of the ground after five or six lots. He added that they will be expanding the lift station. Referring to item 14, paragraph 7 in the annexation agreement, Mr. Rapp pointed out to the developer that he would have to have a variance on his street widths. The majority of their minor streets are 50' in the right- of-way widths instead of 60' . Mr. Addis stated that in order to deepen the lots and make each meet the R-5 requirement a variation in the street width from 60 to 50 is a requirement. He missed this point in the annexation agreement. He would like to work this out with Mr. Rapp and Mr. Delaney when they are available. In response to a question from Commissioner Keister, Mr. McCoy stated that with a 50' right-of-way the sidewalk would be on the private property with a 5' easement. Commissioner Harris stated that there has been discussion and currently pending are some changes regarding setbacks. The setbacks relate to property lines and setbacks are there to give green space between the sidewalk and house. Mr. Estes replied that they will establish the setback line not from the edge of the right-of-way but from the edge of the easement right-of-way. Commissioner Harris asked the developer to put this in the annexation agreement and Mr. Estes stated they would. Regarding paragraph 23 in the annexation agreement regarding if terms of the agreement are not carried out, Commissioner Harris asked the developer to add that the land may be rezoned to the R-1 zoning classification or disconnected from the Village if the Board of Trustees so desires. Delete "if the developer so desires". Mr. Addis agreed to this. Commissioner Mendenhall thanked the developer and Mr. Sleek for working out the park arrangement. In response to Commissioner Goldspiel, Mr. Estes stated that parking would be provided in the bottom portion of the park area. Chairman Genrich summarized the meeting with the following points: 1. The Plan Commission will meet with the developer on March 16 and review at that time the annexation agreement and set a Public Hearing date. Plan Commission Page 6 March 2, 1977 2. The developer agreed to make a reversion clause in the annexation agreement. 3. When the developer makes his presentation to the Village Board about the combined park, he should inform the Board about the fact that they will not be able to meet the 60' street right- of-way requirement and why that is. Mr. Green and Mr. Addis asked for a basic reaction from the Plan Commission regarding the combined park. The Commission was in favor of it. Water Study Mr. McCoy distributed copies of the Water Study and asked the commissioners to spend some time reading it and he will be happy to come in and discuss it with them. Schwaben Center Mr. Braun introduced those present in this regard. He stated that they would like to annex 8 acres into the Village. They would like to build a club house. They also would like to have two soccer fields. He added that he was not sure what zoning they would be requesting. In response to an inquiry from Chairman Genrich, Mr. Braun stated that there are actually two clubs involved. One is a soccer club and the other is a charitable organization. They own the property jointly. There are two parcels, one is 8 acres and the other is immediately across the street from this and is 10 acres. The one they are talking about tonight is the 8 acre parcel. Mr. Braun said that he would like to be able to rent out the building for weddings and various other clubs that would like to hold their affairs there. They would also have club rooms that would be open to the general public and members. Mr. Braun went on to explain that their programs in Mt. Prospect are not run by their club. They are involved with it and started it, however. They are figuring on having 400 kids this spring. It is their third year and is opento both boys and girls of grammar school age. Mr. Braun stated that at the moment they do not have any plans to build other buildings but would like to leave it open. If they are successful they would like to expand. They also would eventually like to build a swimming pool, tennis courts, etc. The possibility of putting this into the R-7 category was discussed. However, Mr. Rockel stated they would need a liquor license and there is the possibility this would not be permitted under R-7. Commissioner Mendenhall stated that the Master Plan calls for a green way going through this area. Mr. Braun did not think there would be room for Plan Commission Page 7 March 2, 1977 that. Mr. Mendenhall replied that the Village has insured there would be access from the lake^to the west. N/a/1) Regarding the zoning, Commissioner Harris stated that he felt Mr. Raysa should make a recommendation on this. He added that he would like to see it placed in a residential district. Chairman Genrich will talk with Mr. Raysa and also asked the Staff to give a recommendation on this. He summarized the following points: v 1. The Staff should check on the zoning and make a recommendation. 2. The Staff should review with Mr. Braun what the Village' s requirements would be for them to tie into the sewer system and what the problems are. 3. The Plan Commission would be very interested in trying to have some type of green path so it can be linked up with parks in the Village. 4. The Staff should consider what the recommendation would be in terms of the standardized annexation agreement we have and which of those clauses would be advisable. Chairman Genrich asked the Staff to meet with Mr. Braun and his representatives and when this is resolved the Plan Commission will get it back on the agenda. 5. Identify on the plan the parking area and how many cars they intend to accommodate te�c)webn s of the -'n 003b iar-c6 afc lclln�Y rlu vbte, o-F S(axe-ES paoLnc k (,Qi 3/(ID)'1") 6. Check to see if there are going to be any detention/retention facilities needed. 7. The Village Staff should notify the Park District when they meet with Mr. Braun. Koch Property Mr. Henderson stated that he is the contract purchaser on this property. He would like to be annexed into the Village under B-2 zoning. This would be for retail use, a professional building and the possibility of a medical center use. He presented a plan and stated that it is a preliminary plan. The property is bordered on three sides by a four-lane highway and he feels this is the best use for this area. Mr.` Rapp stated that on the east side of the plan is a medical building, the retails stores are marked C and D and A is made up of multiple small shops. The developer has passed the parking requirements. There is a 25' planted strip along the front of the property. There is a question as to whether or not he can get an entrance to Lake-Cook Road. This will have to be worked out. There are two entrances on the other side (Weiland and Route 83). This would be the very least necessary in order for the plan to work. Mr. Henderson stated that he has made application to the county for driveway permits. Plan Commission Page 8 March 2, 1977 Commissioner Harris asked where the sanitary sewer is coming from. Mr. Rapp replied that there would be a short extension from Ridgewood over to this corner. Commissioner Keister stated that under the Master Plan half of this parcel is zoned commercial and half is multiple-family. He would be strongly against making this commercial because it is so close to the Village Center. Commissioner Mendenhall agreed with this. Commissioner Keister also question whether this property was contiguous to enough Village property to be eligible for annexation. Mr. Henderson stated that with the four-lane highways on either side he does not feel multi-family is a good use for this area. Commissioner Mendenhall suggested that Mr. Henderson make an attempt to combine with the parcel to the north of him. Commissioner Goldspiel stated that he , too, has a negative reaction because it locks in all the property behind it. Also, the Plan Commission owes it to everybody concerned to promote the Village Center. Chairman Genrich stated that the general,of the Commission is that they are against commercial in this area. It is up to the developer to decide whether he wishes to pursue this plan or not. If he should decide to go ahead, Chairman Genrich asked that the Staff check: 1. Is there adequate contiguity to allow for annexation? 2. Investigate the county zoning just to the north of this parcel. Mr. Henderson stated that unless he could get a more positive reaction to his plan from the Plan Commission he cannot put any more expense into this project. Ridgewood Commissioner Keister stated that a Plat of Vacation for Winston Square Phase I has to be signed in order for the Ridgewood plat to be filed. He moved that the Plan Commission recommend approval of the Plat of Vacation for Winston Square, Phase I , dated 12/17/76. Commissioner Harris seconded the motion. The following vote was taken: Commissioner Mendenhall yes Commissioner Shields yes Commissioner Harris yes Commissioner Goldspiel abstain Commissioner Keister yes Commissioner Force yes The motion carried. Chairman Genrich signed the plat. Plan Commission Page 9 March 2, 1977 Zale Commissioner Harris stated that he had reviewed the approved Zale annexation agreement. Most of the changes in the wording was accepted into the final draft. However, the actual motion by the Plan Commission was passed subject to three conditions, none of which were adopted. Adjournment Commissioner Shields moved to adjourn and Commissioner Goldspiel seconded the motion. The meeting adjourned at 11:15 P.M. Respectfully submitted, L nda Isonhar APPROVED: Recording Secretary 7:°4-441-1 Carl Genrich, Chairman •