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1976-09-29 - Plan Commission - Minutes WORKSHOP SESSION BUFFALO GROVE PLAN COMMISSION Phoenix Route 83 Development September 29, 1976 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 (arrived 8:40 P.M.) Mr. Harris (arrived 8:45 P.M.) Mr. Keister Mr. Goldspiel Mr. Jacobs Mr. Kandel Commissioners Absent: Mr. Shields Mr. Kuenz Also Present: Mr. Al Frank, Developer, Phoenix Development Mr. Salvatore Balsamo, Architect, Phoenix Development Mr. K. Rodeck, Developer, Phoenix Development Mr. Frank Angelotti , Applied Engineering Co. (Phoenix) Mr. Stan Crosland, Park District Mr. Wm. Kiddie, Park District Mr. K. Rapp, Village Engineer Mr. Hitzeman, Superintendent, District 96 Mr. Wm. Whited, Administrative Assistant Mr. J. Marienthal , Trustee Chairman Gen rich stated that the purpose of the workshop meeting was to discuss the Phoenix Route 83 Development, two additional items he wished to discuss, and a request from Trustee Bogart for the Plan Commission to review the Village- Park District Agreement recently adopted by the Board. Mr. Frank distributed copies of the dimension plan of the single family plan previously submitted. He said they had met with the Village Staff one week ago in order to go over technical detail of the plan and Karl Rapp noted that a Staff Report on the meeting would be prepared for the Public Hearing scheduled for October 20. Frank said that a new occurrence had been Frank Angelotti 's receipt of a letter from Steven Samet, Levitt 's engineer, (dated September 21 , 1976) in which Levitt (now the Phoenix Property's surrounding owner) states that the Plan Commission suggestion for an east access to the development rather than the previously planned northern Banbury access will be acceptable. However, they make two stipulations with regard to implementation of the change: that Balsamo-Frank pay all expenses incurred in making the plan change (estimated up to $4500) and that it be done within ten days. Frank said they can live with the first request but not the second and that if the east access is a Village criteria, they will need Village assistance in persuading Levitt that more than ten days in needed. Plan Commission September 29, 1976 Page 2 Village Engineer Rapp requested of Frank the right to restrict the type of house on corner lots with net usage of 3345 sq. ft. Frank responded that no variations in setbacks will be requested and they plan to build small houses on these small lots. Frank reminded the Commission that they were present to request a change in final development plan only and not requesting rezoning. The zoning will remain R-9 Special Use PUD. Chairman Genrich requested that the record show his request that the Village Staff Report review the R-5 engineering standards and �./ lot sizes in order to indicate comparatively the relationship between this R-9 and an R-5. Commissioner Goldspiel said he felt it was contrary to good planning principles to build what is essentially single family housing in multifamily zoning and he speculated as to whether such a situation would provide adequate protection for the homeowner from other owners converting houses to other uses. He asked what would be the objection to matching the zoning to what is being built. Frank said they couldn 't get this lot size on straight residential and it would open the box with the school and park donation. Commissioner Goldspiel asked about street width and Frank replied that the 27' width had been worked out on the staff level between their engineer and the Village. Rapp noted that the staff had arrived at the width in terms of compat- ibility for single family and the current requirements in the development. Commissioner Goldspiel repeated that it doesn't seem appropriate to call the plan PUD or treat it with PUD zoning. There was discussion of the possibility of changing the zoning to straight R-6 or R-9. It was concluded that the plan has to go PUD because of R-6 or R-9 lot size requirements (6600 sq. ft.) in excess of those on the submitted plan (6000 sq. ft.) . Commissioner Keister pointed to the recurring situation in the Village of reverting to smaller lot single family whenever a parcel zoned PUD multiple doesn't sell and felt Goldspiel 's objections were valid. At this point Commission Kandel asked for clarification of the purpose of the meeting. He noted that the Commission has options concerning the plan only as the zoning has already been determined. Kandel objected to the lack of open space and parks and recreation in the single family plan, however, felt that the Village Attorney should decide what the developer is responsible for since this parcel is under another annexation agreement. In favor of the single family plan, on the other hand, he pointed to the reduced economic impact on the school system as a result of lowered density. Commission Goldspiel felt the location of the parcel near a busy highway and next to a probable l commercial area favored the townhouse plan. �•/ Attention turned to recreation facilities and Frank stated there will be none in the single family plan. Chairman Genrich asked about the size of the detention basin. After some delay, Frank said it should be about one and one/half acres, 5' deep, and will cover up to lot lines other than what it will take to berm. He said this is final engineering which, of course, hasn't been done. After discussion of the possibility of a recreational use for the basin, Karl Rapp said he was definitely convinced there could be some recreational usage. Plan Commission Page 3 September 29, 1976 Commissioner Jacobs outlined the major issues in the matter : 1 . Donations - no park or recreational donation required of developer according to his interpretation of Annexation Ordinance ; also Village Attorney's opinion. 2 . Zoning - They are not requesting zoning change . Commission can only approve one plan or the other. 3. Density - Do you prefer more (242 townhomes) or less (151 single family) ? 4 . Legal interpretation of the existing Ordinance under which parcel was annexed is necessary and Plan Commission has nothing to do with this . Commissioner Jacobs cautioned against going over the same points repeatedly now and at the Public Hearing and resolving nothing. Mr. Whited referred to the PUD zoning and wondering how it handles the maximum four units per acre ; he noted the single family plan is 151 units on 33 acres or 4 . 9 to the acre . Mr. Balsamo said that according to the Ordinance under which annexed, there are pluses and percentages for park and school contribution which allow the increase from 4 per acre . Commissioner Jacobs requested a legal interpretation of this point prior to the Public Hearing. Mr. Frank said it was his personal opinion that the single family plan is better for the Village and equally as good for him as developer. It conforms better with surrounding areas as they are surrounded on three sides by single family. Balsamo added that the recorded townhouse plan is a workable plan, but it is not good. Mr. Frank said the PUD designation is a legal fictionalism and both he and the Commission recognized that fact. Mr. Kiddie initiated discussion as to whether or not the original owner of record was required to have any inhouse recreation under the original plan. No definite answer was available . Regarding the school donation, Frank said it would be the same percentage of $103 ,000 for either plan and the contribution would not be lowered. Chairman Genrich took a straw vote regarding the preference for a north (Banbury Lane) or east access street to adjoining development if the single family plan was approved. Commissioners Mendenhall , Harris , Kandel , Goldspiel , and Kester voted for the east access as did Chairman Genrich. Commissioner Jacobs stated 'no preference ' . II' Goldspiel clarified the meaning of the vote saying "East is better than north does not mean I buy the plan." At the close of the discussion centering on the fact that the lots will be the smallest in the Village and contain the same size house Levitt is building on 6600 sq. ft. , if it is approved, Mr. Balsamo said they would control final grading. Plan Commission September 29 , 1976 Page 4 After continued discussion, Chairman Genrich said he felt no more would be accomplished at this workshop and asked Mr. Whited for the status of the Public Hearing. Whited said the only outstanding information was the list of homeowners within 500 ' which presented no problem and the Public Hearing would be held at 8 :00 P.M. on October 20 , 1976 . Commissioner Keister left the meeting . Village - Park District Agreement Trustee Bogart referred to the Agreement Appendix A and B recently adopted by the Village Board and to be attached to Resolution 72-35 . He noted that the Plan Commission must enforce it and asked for their comments . The drainage time allowed for basins and flat land was discussed and Comm. Harris noted an error in the time sequences (Appendix A, II A-1 and B) . Discussed at length was the point at which evaluation of the donated land takes place.. Commissioner Harris felt the land could not be evaluated on the basis of the outlined criteria at the time of annexation agreement and before engineering plans are in. Comm. Kandel noted that Appendix A should be worked out with Engineering and legal while the Plan Commission should be concerned with B . Trustee Bogart stated that the Village Staff is doing a report on the legal possibilities of making Appendix A and B a part of the Subdivision Regulations . Mr. Kiddle stated that the Park Board would like to see them added to Subdivision Regulations to give Resolution 72-35 more force and effect at a time when developers are attempting to soften it and shout it down. At the close of the discussion, the Plan Commission was in general agreement with Appendix A and B; however, expressed no opinion as to whether it should be incorporated into the Subdivision Regulations on the assumption that the Village Staff will give the matter more study. District 59 and Unit School District Chairman Genrich referred to the information sheet from District 59 in which is outlined their desire to go to the unit school district and take two schools out of District 214 . Chairman Genrich stated that he felt in terms of quality education and economics , it should not be done. There will be a Public Hearing regarding the matter. After short discussion, Commission Kandel made a motion that the Plan Commission make a recommendation that the Village Board review the proposal by District 59 and voice an opinion as being opposed to such a move because it would be to the detriment of the residents of Buffalo Grove and futher, suggests that a representative of the Village attend the Public Hearing regarding the matter. Commissioner Goldspiel seconded and a voice vote indicated: Commissioners Goldspiel , Mendemhaill , Kandel - YES Commissioners Harris and Jacobs - ABSTAIN Plan Commission September 29 , 1976 Page 5 October 6 Plan Commission Meeting Because of the second presidential debate scheduled for October 6 , the Plan Commission meeting will be held on Wednesday, October 13, 1976 . PUD Zoning Trustee Marienthal asked the Plan Commission if they thought PUD zoning was needed in the Village any longer. Commissioner Kandel said "Yes , it is as there are too many large unsold parcels yet. " Chairman Genrich said it was his feeling the PUD concept is good but possibly, the Plan Commission hadn 't handled it quite right when it was done. Commissioner Goldspiel favored doing away with it because it hasn't been used as intended. Commissioner Mendenhall disagreed that it should be abandoned. Discussion continued; however , no action was taken . Chevy Chase Chairman Genrich said he wasn't satisfied with the Chevy Chase situation and there followed discussion as to various approaches to the annexation of the 600 acre parcel . Commissioner Jacobs said he would favor a workshop session involving only Plan Commission members in order to formulate just how the annexation and zoning should be treated. Commissioner Kandel agreed. No action was taken. The meeting adjourned at 10 : 00 P.M. Respectfully submitted, aren Fergadis Recording Secretary Pro Tem APPROVED: dve' Le.e4e-G1- Carl Genrich, Chairman