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2019-02-13 - Planning and Zoning Commission - Minutes02/13/2019 MINUTES OF THE SPECIAL 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, FEBRUARY 13, 2019 Call to Order The meeting was called to order at 7:31 PM by Chairman Frank Cesario Public Hearing 1. Consider a Variation for a 6' High Fence in the Side and Rear Yard at 466 Raphael Avenue (Trustee Ottenheimer) (Staff Contact: Chris Stilling) Mr. Pawel Niedzwiedzki and his son Peter Niedzwiedzki, 466 Raphael Avenue, were present and sworn in. Mr. Niedzwiedzki explained they he and his family moved to Buffalo Grove from Texas eight years ago. His young son, Adam, has down syndrome and does not understand things they way most people do. He is requesting the variation to protect his son. His son throws toys and other things so he wants to provide safety for both his son and his neighbors. Adam loves to be outside. The proposed fence will help keep Adam's to ys in the yard. The current fence is only four foot high. Adam can climb that fence and get out of the yard. Due to Adam's condition, Adam cannot communicate if he were to get out of the yard and become lost. He works as a truck driver and travels a lot. He is only home once or twice a month. His wife takes care of Adam. Adam has a difficult time understanding most things. When they take Adam out in public, they have to restrict him. They usually use a child leash. Inside the home, they have turned one if the rooms into a safe room for Adam to play in. They love their son and want him to be happy and safe. Peter added that his brother does not understand the dangers of traffic. Adam is strong and fast. The fence will be to provide safety for Adam. Com. Goldspiel asked the Petitioner why he is requesting a six foot high fence rather than a five foot high fence. Mr. Niedzwiedzki advised that Adam is eight years and growing. They moved here to provide Adam with the best schools and they plan to be here for a long time. They are investing approximately $10,000.00 to build the fence. He does not want to have to spend more money on a higher fence later. Com. Goldspiel asked why the Petitioner was requesting a vinyl fence. Mr. Niedzwiedzki explained that the current fence is a wood fence and Adam wood splinters as he would climb the fence. He would rather not have his son hurt himself. Ch. Cesario asked the Petitioner if he had spoken to his neighbors about the proposed fence. Mr. Niedzwiedzki advised that he had spoken with his neighbors and they did not have any issues. Ch. Cesario asked staff if any inquires or comments were received. Ms. Akash responded that staff received one call and one inquiry in person, neither had a concern. Com. Goldspiel asked if there will be any space located in between the proposed fence and existing fence that will remain. Mr. Niedzwiedzki responded that he hopes the neighbors on both sides decide to allow him to remove the existing fencing so there would not be fence upon fence. He will talk to his one neighbor again. He believes in the end the neighbor will agreed to have the existing fence removed. 02/13/2019 Com. Weinstein asked the Petitioner if Adam could climb the existing four foot fence. Mr. Niedzwiedzki responded yes, the existing four foot fence is chain link and easy to climb. Com. Weinstein asked if Adam could climb the five foot located along the rear of the property. Mr. Niedzwiedzki responded yes. That fence is in bad condition but Adam climbs it. Adam is strong and will climb the fence if given the chance. The proposed vinyl fence is smooth and Adam will not be able to climb it. Ch. Cesario asked Peter Niedzwiedzki how tall he currently is. Peter responded that he is six foot one inch tall. Ch. Cesario entered the Staff Report dated February 13, 2019 as Exhibit 1. There were no additional questions or comments from the Commissioners. There were no questions or comments from the audience. The public hearing was closed at 7:47 PM. Moved by Com. Weinstein, seconded by Com. Khan, to approve the variation for the installation of a six foot solid white vinyl fence for the property at 466 Raphael Avenue, subject to the following condition: 1. The fence shall be installed in accordance with the documents and plans submitted as part of this petition. Com. Weinstein stated that the request must meet the standards, which are very clear. In this case, the hardship is unique to the owner, not the property. He inquired if a condition should be placed that the variance does not run with the land. Ch. Cesario is supportive of the request but also thinks that the variation should be limited to the owner, not the property. Com. Goldspiel asked if vinyl material is allowed pursuant to the Code. Ms. Akash responded that a variance is required due to the requested fence being a solid, six foot high fence. Vinyl material is allowed. Mr. Niedzwiedzki added that they bought this house specifically for Adam’s benefit and they anticipate that his children will continue to owner this property in the future. Mr. Brankin advised that the discussed condition may run into an enforceability issue. If the petition meets the standards, the variance should be approved subject to the petition and materials. Ch. Cesario is supportive of the request as presented. 02/13/2019 RESULT: APPROVED [UNANIMOUS] MOVER: Mitchell Weinstein, Commissioner SECONDER: Zill Khan, Commissioner AYES: Cesario, Cohn, Goldspiel, Khan, Weinstein, Au ABSENT: Adam Moodhe, Scott Lesser III Regular Meeting Other Matters for Discussion 1. Workshop-Amendment to the Northwest Community Healthcare Site at 15 McHenry Rd and 125 E Lake Cook Road (Trustee Stein) (Staff Contact: Chris Stilling) Mr. Matt Campbell, MedProperties Group, 40 Skokie Boulevard, Northbrook, Illinois, was present and sworn in. Also present was Mr. David Dastur, Jensen & Halstead, Ltd., 820 W. Jackson Blvd., Suite 850, Chicago, IL 60607; Mr. Stephen Corcoran, Eriksson Engineering Associates, Ltd., 145 Commerce Drive, Suite A, Grayslake, IL 60030; and Mr. Michael Trippiedi, Trippiedi D esign, 920 Sundew Court, Aurora, IL 60504. Mr. Campbell provided a general description of the proposed redevelopment, as detailed in the Staff Report dated February 8, 2019. Mr. Dastur reviewed the details of the proposed development, including the alternative plan. Mr. Corcoran reviewed the parking study and parking variations that would be need to be requested. Mr. Trippiedi reviewed the proposed landscaping plan. Com. Goldspiel asked if additional detention will be required on the property. Mr. Campbell responded yes, additional underground detention would be provided under the parking lot. That underground detention would then tie into the existing detention basin in the wooded area. Com. Goldspiel asked if the barrel-vaulted roof would be decorative in nature. Mr. Campbell responded yes. Com. Goldspiel asked which development plan would lose the most significant trees. Mr. Campbell responded that both plans would require approximately the same amount of trees to be removed. Com. Goldspiel asked if the traffic study considered the traffic impact from the proposed retail outlot site. Mr. Stilling advised that the retail outlot site is self-contained and served by the adjacent major roadways. Staff does not have any concerns that the retail outlot will hav e an impact. Mr. Corcoran advised that the traffic study did not include the retail outlot. With the Lake Cook Road widening project, the entrance/exit off Lake Cook Road would be a right in/right out and would not impact traffic. Com. Goldspiel asked if that would impact the internal circulation of the site. Mr. Corcoran responded no, the retail and office building are separated to minimize impact. Com. Goldspiel asked if ambulances will be using the site. Mr. Dastur responded that an ambulance would only be called to the site if transport from the immediate care office to a hospital is needed. Ambulances would access the building at the main entrance. Com. Goldspiel asked about the number of proposed accessible parking spaces. Mr. Dastur advised that more accessible parking spaces will be provided than are required by Code. Com. Au asked if parking spaces removed pursuant to the alternative plan could be relocated along Lake Cook Road in lieu of landscaping. Mr. Dastur advised that they looked at locating parking along Lake Cook Road and found that they 02/13/2019 would lose green space. Com. Au asked if they considered angled parking spaces. Mr. Corcoran stated that there is a twenty five foot required setback for landscaping along Lake Cook Road. Adding parking along Lake Cook would reduce that landscape setback to ten feet. Com. Cohn added that the Village Board was concerned with safety along Lake Cook Road and wanted to maintain it as green space. Com. Khan asked Mr. Corcoran which agency is the lead agency for t he Lake Cook Road widening project. Mr. Corcoran responded that the lead agency is Cook County with input from other agencies. Com. Khan asked if the Lake Cook Road right-of-way has been acquired for the expansion project. Mr. Corcoran responded yes and described the property line location and setback. Com. Khan asked about the existing storm water management for the site. Mr. Corcoran advised that the existing storm water management system is located in the basin along McHenry Road. The proposed underground storage would be located under the parking lot and tie into the basin. Com. Khan asked if the underground storage was due to a change in the amount of impervious surface on the site or the new regulations. Mr. Corcoran explained that it was due to both. Com. Khan confirmed with Mr. Corcoran that no underground storm water storage would be located under the building. Com. Cohn asked the Petitioner to explain what will happen with the NCH building at 1450 Busch Parkway with the proposed development. Mr. St illing responded to Com. Cohn’s question. Ch. Cesario stated that the Village Board also had a concern with the proposed height of the office building. He prefers the alternative plan with the further setback. He asked staff about the proposed parking. Mr. Stilling advised that staff is comfortable with the proposed parking plan. They have room to expand, if necessary. They also want to maintain as many trees as possible within the development. Lake Cook Road is a gateway into the community and this would be the first redevelopment along Lake Cook Road. Landscaping is preferred over any parking along Lake Cook Road. Ch. Cesario noted that the retail used was not included in the parking study. Mr. Stilling explained the parking requirements for a restaurant use. Ch. Cesario believes the proposed development is visually appealing. The developer has addressed the questions concerning the trees and has done a good job of preserving and adding trees to the site. Com. Weinstein agrees with Ch. Cesario regarding the setback of the proposed building. He does not have an issue with the proposed height of the building. The proposed signs will be reviewed at a later time. He asked Mr. Corcoran if the two studies used to determine the proper parking were the proper studies to use. Mr. Corcoran responded to Com. Weinstein’s question. Mr. Stilling added that the ratio used is pretty high compared to other studies and discussed the frontage requirements for signs and the proposed sign package. Com. Weinstein asked about timing for the retail building. Mr. Corcoran explained that they are working with a national retail food provider on the proposed site plan and would not anticipate any movement on that site until the end of 2020. This is due to the fact that the immediate care has to remain in operation until the new office building and immediate care office is up and running. 02/13/2019 Ch. Cesario asked staff if there were any issues that the Planning & Zoning Commission (PZC) did not address. Mr. Stilling advised that staff would like to see the following items addressed; cash in lieu of trees and cleanup of the detention basin. Com. Goldspiel asked about the adjoining property to the southeast. Mr. Stilling explained that property was acquired by the Cook County Highway Department and will be used for storm water detention for Lake Cook Road. There were no additional questions or comments from the Commissioners. Mr. Campbell thanked the PZC and will work toward preparing for the public hearing. 2. Review the 2019 Zoning Map (Trustee Ottenheimer) (Staff Contact: Chris Stilling) Mr. Stilling presented the Zoning Map to the Planning & Zoning Commission (PZC). Com. Goldspiel confirmed with Mr. Stilling that there have been no zoning actions to necessitate changes to the zoning map. Mr. Stilling advised this is for informational purposes only. Approval of Minutes 1. Planning and Zoning Commission - Regular Meeting - Jan 16, 2019 7:30 PM Moved by Com. Weinstein, seconded by Com. Khan, to approve the minutes of the January 16,2 019 Planning & Zoning Commission meeting as submitted. RESULT: ACCEPTED [UNANIMOUS] MOVER: Mitchell Weinstein, Commissioner SECONDER: Zill Khan, Commissioner AYES: Cesario, Cohn, Goldspiel, Khan, Weinstein, Au ABSENT: Adam Moodhe, Scott Lesser Chairman's Report None. Committee and Liason Reports Com. Cohn stated that he attended the January 22, 2019 Village Board meeting. The Board referred the NCH proposal to the PZC; approved the driveway variation for 964 Cooper Court; and approved the final plat for Link Crossing. Staff Report and Future Agenda Mr. Stilling advised that on February 19, 2019, the Village Board will hear an appeal of the RV variation denial for 156 Ironwood Court. Ch. Cesario will attend that meeting. 02/13/2019 There are no agenda items for the March 6, 2019 PZC meeting at this time and the meeting will most likely be cancelled. The Volunteer Reception is scheduled for February 24, 2019 at 1:00 PM at the Wild Buffalo. The Prairie View Area Plan Open House is scheduled for February 20, 2019 at the Arboretu m. Public Comments and Questions None. Adjournment The meeting was adjourned at 8:54 PM Chris Stilling APPROVED BY ME THIS 13th DAY OF February , 2019