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2018-12-05 - Planning and Zoning Commission - Minutes12/5/2018 MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE VILLAGE OF BUFFALO GROVE HELD IN THE COUNCIL CHAMBERS, 50 RAUPP BOULEVARD, BUFFALO GROVE, ILLINOIS ON WEDNESDAY, DECEMBER 5, 2018 Call to Order The meeting was called to order at 7:31 PM by Chairman Frank Cesario Public Hearings/Items For Consideration 1. Consider Approval of a Variation for a Recreational Vehicle (Trailer) at 2 Cloverdale Court (Trustee Ottenheimer) (Staff Contact: Chris Stilling) Kristen Weidner, 2 Cloverdale Court, was present and sworn in. Mrs. Weidner explained that they have lived in Buffalo Grove for six (6) years. They chose Buffalo Grove because it is close to their family and employers. When they moved in, they had the twenty-seven (27) foot long camper/trailer. They has called several towns and inquired about the recreational vehicle (RV) requirements. When they called Buffalo Grove, they were told that the camper/trailer was within the limitations. The camper trailer is ten (10) foot tall with the air conditioner extending an additional two (2) inches above the top. The driveway is the only place they can put the camper. They do not have room on the sides of their property. They have not had any complaints in the six (6) years they have lived here. The camper is not close to the sidewalk. They camp several times during the year. They currently do not have a place to store the camper off-site in the winter. They are requesting to be allowed to keep the camper in their driveway. She has obtained signatures from her neighbors indicating they do not have any issues with the camper. Her past neighbor never had any line of sight issues. The camper does not block the sidewalk. She submitted the document with the signatures as an exhibit. Com. Khan asked Mrs. Weidner if she has read the Ordinance concerning recreational vehicles (RV’s). Mrs. Weidner responded that she has read Ordinance that was in place when she moved in and the new Ordinance. Com. Khan stated that the new Ordinance was approved in February, 2018. Mrs. Weidner stated that when she originally called the Village, height was not an issue. The air conditioner unit only adds two (2) inches to the height. Com. Khan advised that since the Ordinance passed, the Village had given time for compliance. RV’s can be kept in the Village from May 15th to September 30th each year. Mrs. Weidner responded that they started using the camper in May and were still using the camper at the end of September. Then they found out they had the option to appeal. Com. Khan advised that the Petitioner has four (4) choices to comply with the Ordinance: 1) They can store the camper in their backyard; 2) They can store the camper in their side yard; 3) They can store the camper off-site; or 4) They can modify their garage to fit the camper. The house is a ranch so there is nothing structural above the garage. As a neighbor, he would not make a complaint because that can cause bad feelings. The Village has received numerous complaints about RV’s. Mrs. Weidner responded that they use their camper. It moves. It is not rusted and does not look bad. They make their property as presentable as possible. She would complain if she saw an RV that was unkempt or being used for storage. Com. Khan stated that the Petitioner can choose one of the options he noted. This request is asking for four (4) variations to allow the camper to remain on the driveway. Mrs. Weidner explained that they do not block the sidewalk. Com. Khan responded that the driveway apron is Village property and should not be used for parking. The apron is used for egress to and from private property. 12/5/2018 Ch. Cesario believes that the Petitioner had raise two (2) good points; unkempt vehicles and regulations in other towns. He reviewed the criteria set that would allow the Planning & Zoning Commission (PZC) to grant a variation. Com. Moodhe asked if the Petitioner had tried to park the camper on the side of the house. Mrs. Weidner responded they have not because of the fence and the water meter location. They did not believe there would be enough room. Com. Moodhe asked what other options the Petitioner has. Mrs. Weidner responded none. She asked if they could keep the camper on the driveway through September 30th next year so they can figure out a place to store the camper. Com. Moodhe asked the Petitioner if they camp in the same places. Mrs. Weidner responded no, they have been camping for over thirty (30) and camp all over the place. Com. Moodhe asked how much of the RV is shielded by the neighbor’s house. Mr. Stilling advised that about half of the RV is shielded. He also advised that the Petitioner could use landscaping to screen as well. Com. Moodhe stated the issue of the RV encroaching into the setback would still exist. Mr. S tilling explained the options available to the PZC. Even if a temporary variation was granted until next year, a variation is still necessary to allow the height to exceed the permitted height by approximately two (2) inches. Mrs. Weidner stated that they bought the camper with the air conditioner unit. Mr. Stilling advised that staff’s concerns are not related to the height. Com. Moodhe stated that he is not worried about the two (2) inches over the height allowed. Com. Lesser stated that he does not see a way to grant the variances without invalidating the Ordinance. This camper does not meet the criteria. He is amenable to granting a temporary variation until the end of next season. He also does not see the two (2) inch height overage as an issue. He believes the Petitioner is asking the PZC to void the Ordinance. He understands that the current neighbors have not complained, but what if new neighbors move in. Mrs. Weidner stated she understands. Ch. Cesario asked staff about the time frame of enforcement. Mr. Stilling explained that RV’s would be permitted May 15th through September 30th. The Petitioner is asking for relief for six (6) months. A variation for height would be required to allow the camper May 15th through September 30th. Ch. Cesario asked the Petitioner if she wants to amend her Petition to a temporary variation through September 30, 2019. The camper would then need to be stored off-site until May 15th each subsequent year. Mr. Charles Weidner, was present and sworn in. Mr. Weidner stated that they have no room to put the camper on either side of their home or in the rear yard. He would be fine with adding bushes to screen the RV. They have nowhere else to put the camper except for off-site or they would have to build a bigger garage. Ch. Cesario advised that there are choices available, even though the Petitioner may not like the choices. Mr. Weidner stated that they would like to keep the camper year round. If they cannot, they would at least want May 15th through September 30th. The height is only over by two (2) inches. Ch. Cesario is not concerned with the height. He would be willing to grant the requests if it were only due to the height, but there are three (3) other variations needed as well. Com. Cohn does not have an issue with the height and advised that the Petitioner is getting nine (9) months to figure out what to do. Com. Khan agrees with a temporary variation until next year with no additional extensions. 12/5/2018 Com. Moodhe asked staff if the Petitioner has the ability to re-apply next year. Mr. Stilling advised that the Petitioner would not be able to apply next year, they would have exhausted their options. Mrs. Weidner amended the Petition to request a temporary variation until next year. Mr. Weidner asked if they put in screening could they keep the RV in the driveway year round. Ch. Cesario explained that screening is different than keeping an RV in front of the house. Mr. Weidner stated they cannot fit the camper on the side of their house. Ch. Cesario explained that a variation cannot be granted without exceptional circumstances. Com. Lesser added that the Ordinance allows side yard storage but that it must meet the side yard setback requirements. Mr. Weidner responded that they have no room on the side or in the back. Keeping the RV on the driveway with screening would be easier. Mrs. Weidner asked for the temporary variation through September 30, 2019. There were no additional questions or comments from the Commissioners. There were no questions or comments from the audience. Ch. Cesario entered the letter with signatures as Exhibit 1 and the Staff Report dated December 5, 2018 as Exhibit 2. The public hearing was closed at 8:16 PM. Moved by Com. Khan, seconded by Com. Moodhe, to grant a temporary variation to allow the camper/trailer to remain until September 30, 2019. Com. Cohn believes this is a reasonable compromise. It gives the homeowner time to figure things out. He believes this is a fair solution. Com. Khan also believes this is a good compromise. He had a dilemma with the Petition as originally requested. His concerns were cleared by the Petitioner. Roll Call Vote AYE - Cohn, Khan, Moodhe, Lesser, Ch. Cesario NAY - None ABSTAIN - None Moved by Com. Khan, seconded by Com. Cohn, to grant the variation to allow the RV to exceed the height limitation by approximately two (2) inches. 12/5/2018 Roll Call Vote AYE - Cohn, Khan, Moodhe, Lesser, Ch. Cesario NAY - None ABSTAIN - None RESULT: APPROVED [UNANIMOUS] MOVER: Zill Khan, Commissioner SECONDER: Adam Moodhe, Commissioner AYES: Moodhe, Cesario, Cohn, Khan, Lesser ABSENT: Stephen Goldspiel, Mitchell Weinstein, Amy Au Regular Meeting Other Matters for Discussion 1. Consider Approval of the Final Plat of Subdivision for Link Crossing (Trustee Stein) (Staff Contact: Chris Stilling) James Truesdell and Mr. Jon Isherwood, K. Hovnanian Homes, were present. He explained that he is before the Planning & Zoning Commission (PZC) to request Final Plat approval for Link Crossing. He reviewed the plan that was proposed to the PZC and the plan that was ultimately approved by the Village Board. This is just a function of confirming that the final site plan is in substantial conformance to the approved plan. Page 75 of the packet contains the proposed Construction Traffic Plan. The Lake County Department of Transportation (LDOT) has approved the proposed Construction Traffic Plan. They would like to use Brandywyn Lane for some of the construction traffic. Some construction traffic would also need to use Meridian Way until Olive Hill is complete, then they would defer the traffic use on Meridian Way. They will provide signage to guide construction traffic. The School District has agreed to the proposed Construction Traffic Plan and they agree not to use Brandywyn Lane for construction traffic during school drop off/pick up times. Ch. Cesario asked staff to explain their recommendation in the Staff Report dated December 5, 2018. Mr. Stilling explained that staff feels that the final site plan is in substantial conformance with the approved plan, subject to the conditions set forth in the report. The Village does not want construction traffic on Brandywyn Lane east of Meridian Way. Mr. Truesdell believes that not allowing construction traffic to use Brandywyn Lane will make things difficult. It will cause congestion on Brandywyn Lane west of Meridian Way. Mr. Isherwood added that the proposed plan is the safest. They are considerate of the school, especially during drop off and pick up times. They can post signs with the No-Traffic hours that can be enforced. Most worker traffic would fall outside of the school drop off/pick up times. LDOT did grant a right in/right out access on Buffalo Grove Road. Things will be difficult with the proposed construction traffic limitation. Com. Khan stated that besides the traffic condition, staff has recommended three (3) additional conditions. Mr. Truesdell is aware and concurs with the three (3) additional conditions. 12/5/2018 Com. Lesser advised that he has read the draft Declaration of Covenants, Conditions and Restrictions (CCR’s) for the Master Association, single family homes and the townhomes that would allow one (1) owner to own up to three (3) properties within Link Crossing. He recalled discussion at the PZC hearings about limits on rental properties. Mr. Truesdell explained that a single owner could not own more than three (3) and the CCR’s limit the number of rental units in the development to fifteen (15) percent of the total number of units. Mr. Stilling advised that staff does not have any concerns with tho se numbers. Com. Lesser asked about enforcement of the rental restriction. Mr. Stilling responded that it would be contained in the CCR’s and the Village can enforce through the Residential Rental Property Program. The CCR’s also run with the land. Com. Lesser added that he thought a total prohibition on rental within the development was appropriate. Com. Moodhe asked about the timeframe of the construction. Mr. Truesdell explained that they will be looking to start construction in the spring. It will take approximately two (2) years to complete. Com. Moodhe asked about limiting the construction traffics use of Brandywyn Lane to June through August, when school is not in session. Mr. Stilling advised that staff believes that there is more than enough access on Brandywyn Lane west of Meridian Way. The development will be constructed in three (3) phases, this is phase one (1). Staff can re-review for phase two (2) and phase (3), if needed. Com. Cohn asked what would happen if it is discovered that more than f ifteen (15) percent of the units are being used as rentals. Mr. Raysa advised that the last owner requesting to use a unit as a rental will be told no. Com. Cohn asked if enforcement can be taken against the Homeowners Association (HOA) for allowing more than fifteen (15) percent. Mr. Raysa responded yes. Com. Cohn asked who manages the use as rentals. Mr. Stilling advised the HOA would manage. Com. Cohn asked how the HOA would manage that. Mr. Truesdell explained that the CCR’s were written to comply with the Annexation Agreement. Com. Cohn asked how the fifteen (15) percent limitation was determined. Mr. Truesdell responded that the percentage was determined at the Village Board level. Com. Lesser asked Mr. Raysa about entity ownership of properties and enforcement. Mr. Stilling responded to Com. Lesser’s questions. Mr. Truesdell explained that he has not seen any issues previously with rental restrictions in other communities, especially at the proposed pricing for this development. Com. Lesser asked Mr. Truesdell to describe the work entailed in phase one (1). Com. Moodhe believes that any rental issues would be further down the road. The HOA will need to audit the rentals and enforce the CCR’s. He does not see any issues in the near future. Com. Lesser disagreed. Com. Khan asked if the fifteen (15) percent included all the units. Mr. Truesdell explained that fifteen (15) percent of the townhomes could be rentals and fifteen (15) percent of the single family homes could be rentals. Com. Khan asked if the HOA has been formed yet. Mr. Truesdell responded that the HOA will be formed after the Plat is recorded and eighty-five (85) percent of the project is complete. 12/5/2018 Com. Khan advised that changes to CCR’s are very difficult and needs two-thirds (2/3) of the owners to meet and all must agree to change. Ch. Cesario stated that the Final Plat substantially conforms with the approved plans. He is comfortable that it meets what was approved by the Village Board. His only concern is in regards to the construction traffic. Com. Cohn agrees that the Plat substantially conforms to the Village Board approval, not the PZC’s recommendation. He would like the PZC to review the proposed CCR’s and provide comment on them prior to final approval. Mr. Stilling advised that is not within the purview of the PZC. The PZC can share concerns with staff. Com. Cohn asked if the CCR’s will change before final review and approval. Mr. Truesdell explained that there may be a few minor corrections. Mr. Stilling advised that the Village’s new legal counsel will review the CCR’s before final approval. There were no additional questions or comments from the Commissioners. There were no questions or comments from the audience. Ch. Cesario entered the Staff Report dated December 5, 2018 as Exhibit 1. Moved by Com. Khan, seconded by Com. Moodhe, to recommend to the Village Board approval of the Final Plat of Subdivision for Link Crossing, subject to the conditions listed in the Staff Report dated December 5, 2018. Com. Moodhe likes the right in/right out on Buffalo Grove Road and agrees with staff’s recommendation of the construction traffic. Ch. Cesario feels that the Final Plat, as presented, is consistent with the approved plans. RESULT: RECOMMENDATION TO APPROVE [UNANIMOUS] Next: 1/22/2019 7:30 PM MOVER: Zill Khan, Commissioner SECONDER: Adam Moodhe, Commissioner AYES: Moodhe, Cesario, Cohn, Khan, Lesser ABSENT: Stephen Goldspiel, Mitchell Weinstein, Amy Au Approval of Minutes 1. Planning and Zoning Commission - Regular Meeting - Nov 7, 2018 7:30 PM Moved by Com. Khan, seconded by Com. Moodhe, to approve the minutes of the November 7, 2018 regular Planning & Zoning Commission meeting as submitted. 12/5/2018 RESULT: ACCEPTED [UNANIMOUS] MOVER: Zill Khan, Commissioner SECONDER: Adam Moodhe, Commissioner AYES: Moodhe, Cesario, Cohn, Khan, Lesser ABSENT: Stephen Goldspiel, Mitchell Weinstein, Amy Au Chairman's Report Ch. Cesario recognized Village Attorney, Bill Raysa, for his years of service to the Village and the Planning & Zoning Commission. Mr. Raysa will be missed. Ch. Cesario advised that Chicago Executive Airport is exploring options to expand one of it's runways. Mr. Stilling will keep the Planning & Zoning Commission informed. Committee and Liaison Reports There were no Planning & Zoning Comm ission items presented at the December 3, 2018 Village Board meeting. Staff Report/Future Agenda Schedule Mr. Stilling advised that the December 17, 2018 Village Board meeting has been canceled. There will be a petition for an RV variation and a petition f or a driveway variation at the December 19, 2018 Planning & Zoning Commission meeting. He advised that there are some large projects that will be coming before the PZC in the near future. He expressed his pleasure working with Mr. Raysa for the last six (6) years. Public Comments and Questions None. Adjournment The meeting was adjourned at 9:12 PM Chris Stilling APPROVED BY ME THIS 5th DAY OF December , 2018