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1970-10-07 - Plan Commission - Minutes VILLAGE OF , BTJF'IiALO GROVE cul�' dim �/�d. . " Pi# d cc 0ve, WI. 60090 OCTOBER 7 , 1970 VILLAGE OF BUFFALO GROVE PLAN COMMISSION MINUTES Public Hearing Rezoning Request of Buffalo Utility Company Chairman Berth called the meeting to order at approximately 8 : 05 P .M. He appointed Rosalie Kaszubowski , as recording secretary for the meeting. Secretary Merrill Hoyt called the roll and the following were found present: Chairman Berth, J . Guidotti , C . Genrich, M. Hoyt , S . Haar H. Mendenhall , R. Heinrich, B . Spence , E . Fader , J . Yost Absent: L. Gamm (arrived later) Also present were Mr. A. Seaberg of Hattis Engineering, Mr . Richard Raysa, Village Attorney, and Trustee Henry Cimaglio Mr . Berth then stated rules and' reglations that will govern the public hearing . He reminded those in the audience that the Plan Commission is appointed to represent the entire Village and is; merely an advisory board. He further stated that the regularly scheduled Plan Commission meeting will be held following the public hearing. Chairman Berth then read the legal notice published in the newspaper and which was mailed to all residents within 500 feet of the property in question. Mr . Gamiarrived and was present for the meeting . All parties desiring to testify at the hearing either for or against the petition were requested to step forward to be sworn in. They were : Rev . Duffy, Wm. Meinholz , Wm. Farrington, Ken Rodeck, David Brown and Walter Schneck. David Brown, Attorney for the Petitioners then gave testimony in favor of the request . He stated Ken Rodeck of the utility Company was present and would be able to answer questions and add to his own statements on the matter . He gave the location cf the property and stated that because of its location, the petitioners feel it is the best use for the property . It is bounded on two sides by fairly heavily traveled roads , it is adjacent to existing multi-family dwellings , and the property is now zoned for a sewerage treatment plant . -14 2 . He stated the petitioners are requesting a R-9 Zoning classification which permits a density of 24 units per acre without a height limitation. They will , however , agree to construct only 16 units per acre , limited to a height of 50 feet . He further stated they felt that multi-family dwellings were best suited for the area since the present lagoon will have to be filled in and the cost of foundations for single family dwellings would make such a use impractical . He stated there will be fewer children and a higher tax base provided by the multi-family dwellings . He concluded by stating it is contemplated that there will be a mixture of approximately 60% 2-bedroom units and 40% 1-bedroom units . Mr . Schneck was then recognized. Mr . Schneck stated he was an adjacent property owner and was present to object to the multi- family zoning request since he felt it would cause more congestion in the area . He also stated he feels his land will be affected by drainage problems from the area . He stated he believed when the subdivision was started, that area was to have been open land. Mr . William J . Farrington was then recognized. He stated he was present for two reasons . The first was to identify himself as a former Village President , having served from 1962-1967 and to acquaint the Commission with the thoughts of the Board regarding the property at that time . He stated it was the intention of the planning of Raupp Blvd to bend at Golfview, to slow traffic so it would not be a major thoroughfare or access road to highways as the Village aged. He stated heav y traffic where children are entering and exiting a park area is undesirable. He stated it was the impression at that time that when the existing sanitary facilities were abandoned, if abandoned, the land would be acquired by the Village with the intention of stretching the "green belt" . He stated as recent at 1966 that was a part of the agreement to purchase the Utility. He stated he has not seen a layout on the apartments in the area so he cannot comment, however , the area was never designed for multiccor single family dwellings , it was designed for open spaces . He further stated he second reason for being present was that he is a homeowner within 500 feet and feels the increased traffic on residential streets would be a violation to those people owning single family residences . He stated he personally would like to see the area remain open land and would like to be involved in any discussions and be allowed to comment. • Mr . Brown stated Raupp is a highly used road because of the Golf Course , consequently other changes can be made . He further stated it was hisuiderstanding that Lake-Cook Road as proposed will go through Mr , Schneck's property. 3 . Rev. Duffy was recognized and questioned sewer and sanitary problems which might arise . Mr . Berth stated they will not be discussed at this time . Rev. Duffy stated the proposed Lake-Cook Road will separate the properties and he had no statements either for or against the petition at this time . Mr . Schneck was again recognized and stated that he hoped the County Highway Department would still change their minds concerning the location of the road. He further stated that until the location of the road is definitely set , he would object to such zoning . Questions from members of the audience were called for . Mr . Nelson questioned sanitary and sewer facilities , as well as how the area would be serviced with water . Mr . Raysa , Village Attorney stated that no building permits or occupancy permits can be issued, under Village ordinances , until proof of service is presented. Mr . Nelson stated he is presently "serviced" by the Utility Company and did not think the Commission should make a decision tonight if it affects draina g, etc .// � p�DC10Q 4j.v/NI r / " 6 c'/0/ Mr . Berth stated the Commiion hwe . not/lmake a decision tonight and he would consider comments of that nature as an attack on the Plan Commission. Mrs . King a resident on Crestview Terrace questioned what the zoning was on the area prior to the Special Use for Sewerage Treatment Plant . It was determined that the Comprehensive Plan showed the area as Park, however , the zoning map shows the area a R-3. Mr . Raysa stated the Special Use "dies" when the use is eliminated. Mr . Rodeck was recognized and stated that the Utility Company was in existence before the Village was incorporated. He stated what happened after incorporation is not the question now. They are requesting R-9 Zoning and although he agrees an overall plan is good for the Village, times change and with Lake-Cook Road being planned, multi-family is the logical and best use for the land. He further stated any agreement between the Village and the Utility for purchase of the Utility has no bearing on the zoning request . Chairman Berth then asked that the Commission members present their questions to the petitioners for discussion . Mr. Fader and Mrs . Spence had no questions at this time . Mr . Mendenhall questioned Mr . Farrington as to what the original plan for the area was . Mr . Farrington stated to the best of his knowledge , it was park area . Mr . Gamm questioned Mr . Rodeck as to how many buildings were contemplated. Mr . Rodeck stated that was unknown at the present time , since no concrete plans have been drawn. A 4 . Mr . Heinrich questioned Mr. Farrington as to the zoning of the area . Mr . Farrington stated that Unit I was zoned under County Zoning . After the Village was incorporated, the additional units were subdivided and zoned R-6 . He further stated he was not sure whether the Utility Company property was zoned at that time . Mr . Heinrich asked Mr . Brown who the owners of record were of the Utility Company . Mr . Brown stated they were Herbert Dorner, Ernest Dorner , Albert Frank, and Luba Friedman. Mr . Hoyt asked whether studies were made on the effect of the value of the property surrounding the area, namely , the single-family dwellings . Mr . Brown stated he was sure it would be better than the present treatment plant , however , a specific study has not been made . Mr . Haar asked when construction would begin should the R-9 Zoning be granted. Mr. Rodeck stated they have no plans at the present time . Mr . Guidotti questioned how much of the acreage was presently the lagoon. Mr . Rodeck answered approximately 42 acres . Mr . Guidotti further questioned whether they had considered a planned development in the area . Mr . Rodeck stated they had not . Upon questioning by Mr . Yost it was determined that Raupp Blvd. was considered a primary street. Upon questioning by Mr . Geinrich Mr . Rodeck stated that the lagoon discharged into the creek when it was in operation and it is possible that a portion of the lagoon could be used in overall development planning , however, they have not studied the possibility. Mr . McIntosh, a member of the audience , was recognized and stated he was not directly adjacent to the property but was curious as to whether such zoning would fit into the established plan of the Village . Mr . Berth stated that a plan is used as a guideline , however , situations change . He further stated that the Commission is aware of the fact that the Village Plan is in need of updating at the present time . Mr . Albert Frank was then sworn as a witness . He stated there are no objections from the 8 property owners immediately adjacent to the property . He stated the Catholic Church has no objections and Mr . Schneck is the only objector and he resides in Wheeling . Further , the proposed Lake-Cook Road is scheduled to go through Mr . Schneck 's property . He stated the property is bounded on the East by multi-family residences and Buffalo Grove Road , on the West by a road leading to the Village Hall and Golf Course on the North by the proposed Lake-Cook Road and on the South by single family residences . He stated they are willing to covenant to no more than 144 units and nothing over 4 stories . 5 ; He further stated they would be willing to agree to any other reasonable requests . He stated if the Village is willing to grant the zoning, architects will be hired and market research studies made and perhaps they would come back and ask for a planned development . He stated there is adequate water and sewer facilities and further felt the development would be in the best interest of the Village . `/ Chairman Berth declared a recess at 9 :40 P .M. The Hearing was reconvened at 9 : 50 P .M . There being no further questions or statements made , Mr . Heinrich moved the hearing be adjourned. Mr , Hoyt seconded the motion and it carried unanimously. 10 : 00 P .M. Chairman Berth called the regular meeting of the Plan Commission to order . Mr . Hoyt called the roll and all members were found present . Approval of Minutes Mr . Heinrich moved the minutes of September 2 , 1970 be removed from table . Mr . Hoyt seconded the motion and it carried unanimously. Several corrections were noted and Mr . Gamm moved the minutes be approved as corrected. Mr . Mendenhamm seconded the motion and it carried unanimously . It was moved by Mr . Geinrich and seconded by Mr , Guidotti that the minutes of September 16 , 1970 be approved . The motion carried with 9 ayes , no nays and 2 abstentions . Communications' Chairman Berth stated the Commission is in receipt of a copy of a memo from the Park District which was directed to the Village Board, therefore there is no action required by the Commission and is for information only . A letter was received from the Northwest Mental Health Association thanking Mr . Hoyt for accepting the position of liaison from the Plan Commission. Copies of the Interim Plan from the Lake County Plan Commission were distributed to the members . Chairman Berth then read into the record the answer received from Lake County Public Works Department concerning water and sewer services , 6 . Reports 1 . Chairman Berth reported that the Babiarz proposed annexation will be heard by the Village Board on October 12th . 2 . The Plan Commission files are now located in the Offices in the Village Hall . 3 . Mr. Hoyt and Mr . Berth will attend a seminar on Continuing Legal Education in Illinois concerning planning and zoning. The Village Board approved the expenditure for the registration fee . 4 . Chairman Berth read the Legislative Committee Report concerning '*For Sale'" signs which will be incorporated into the Sign Ordinance as an amendment . S. Chairman Berth then stated that the Village Board has stated the Plan Commission overstepped their authority in requiring a revision of the preannexation agreement prior to the hearing by the Board on the said agreement . The revisions should have been made as a recommendation from the Plan Commission to be considered by the Board. The petitioner should not have been asked to redraft the agreement . OLD BUSTNESS Discussion was had on the report submitted by Mr . Guidotti con= cerning the MSD letter reference retention basins . Mr , Yost stated he would like to discuss the report at the work shop session before it is presented to the Village Board. Discussion followed on the proposed changes to the zoning ordinance drawn up by Mr . Haarr for recommendation to the Village Board,, The following section was added: Section 3 . 6-2 Schedule of Parking Requirements For two or more family dwellings , two (2) parking spaces for each family dwelling unit . The Commissioners were not in agreement as to the recommendation concerning Basements , therefore that portion was to be omitted from the report , Mr ., Heinrich moved the Commission recommend to the Village Board the changes to the Zoning Ordinance on page 15 concerning definitions as well as Article 9 , Sections 3 ..61 and 3. 6,2. Mr , Gamm seconded the motion and it carried unanimously. The Recommendation is attached. ` 7 Mr . Heinrich moved to table the proposed rezoning which was the subject of the public hearing for further consideration and study . Mr . Yost seconded the motion . Upon roll call the motion carried with 9 ayes and 2 nays . Mr . Geinrich and Mr . Mendenhall voted nay with Mr . Mendenhall stating he did not wish to become part of a "rubber stamp" . Mr . Geinrich then left the meeting . Discussion followed on the recommendations of the Plan Commission concerning the Swimming Pool Ordinance . Mr . Heinrich stated he attended the Legislative Committee meeting and reported on the changes suggested by the Legislative Committee regarding the Plan Commission recommendations . Following the recitation of the changes , Mr . Hoyt moved the recommendation of the sub committee be approved as presented with consultation with the Village Engineer at the work shop session reference 2 sections . Mr . Mendenhall seconded the motion and it carried unanimously . Mr . Berth then stated that Mr. Mendehhall and Mr. Guidotti were re-appointed to the Commission for another year . There being no further business it was moved , seconded and unanimously carried that the meeting be adjourned. Time : Approximately 11 : 45 P .M. 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