1991-12-04 - Plan Commission - Minutes REGULAR MEETING
BUFFALO GROVE PLAN COMMISSION
December 4, 1991
Update of Village Comprehensive Plan -- Workshop #4
Vice-Chairman Goldspiel called the meeting to order at 7:30
p.m. in the Municipal Building, 50 Raupp Boulevard, Buffalo
Grove, Illinois.
Commissioners present: Vice-Chairman Goldspiel
Mr. Krug
Mr. Rhodes
Ms. Howard
Mr. Rosenston
Ms. Genell
Mr. Samuels
1
Commissioners absent: Chairman Silbernik
Mr. Charlette
Also present: Mr. Brian Rubin, Village Trustee
Mr. William R. Balling, Village
Manager
Mr. William Brimm, Village Director
of Finance
Mr. William G. Raysa, Village Attorney
Mr. Robert Pfeil, Village Planner
APPROVAL OF MINUTES
Moved by Commissioner Samuels, seconded by Commissioner
Rhodes, to approve the minutes of the Public Hearing of
November 6, 1991. The motion was approved unanimously.
Moved by Commissioner Samuels, seconded by Commissioner
Rhodes, to approve the minutes of the Regular Meeting of
November 6, 1991. The motion was approved unanimously.
1 COMMITTEE AND LIAISON REPORTS
Commissioner Howard said she attended the Village Board
meeting on December 2, 1991 and the following items were
Buffalo Grove Plan Comm-Regular Meeting-December 4, 1991-Page 1
1
discussed:
1. The Village Attorney updated the Village Board concerning
the proposed Riverwoods Park District; a court hearing was
held earlier in the day, and was continued to December
18th. He noted that Buffalo Grove and other governmental
agencies stated objections to the proposed district.
2 . The Board held a public hearing concerning Abbott
Contractors proposed office building and child care center
at Busch Road and Route 83 . Several Board members were
very concerned about the playground for the child care
center being located north of the building along Busch
Road, so the Board directed the 'developer to relocate the
playground and go back to the Plan Commission to obtain
the Commission's comments concerning the revised plan.
She noted that the Board indicated that the proposed
height of 35 feet for the two-story office building would
be acceptable if the building is designed with a
residential appearance. The Board also determined that it
would not be necessary to limit use of the property beyond
the twenty year period of the annexation agreement. No
covenant would be required concerning use restrictions, so
after twenty years, the property could be used as allowed
in the B-1 zoning district.
Commissioner Genell inquired about the status of the auto
dealership development proposed by Robert Rohrman at Dundee
and Weidner Roads.
Mr. Balling said that Mr. Rohrman's attorney has submitted a
letter stating that Mr. Rohrman does not want to pursue Board
approval of the project, but it appears that Mr. Rohrman is
reconsidering the letter of withdrawl and may change his
mind.
Commissioner Genell asked for more information concerning the
court hearing on the proposed Riverwoods Park District.
Mr. Raysa said that at the Circuit Court hearing the judge
has to determine the reasonableness of the proposed park
district boundaries. Mr. Raysa said he appeared before the
judge to file the following objections to the park district
on behalf of the Village of Buffalo Grove and objected to the
proposed district because it includes areas that are already
in the Buffalo Grove Park District, such as the Abbott
Business Center on Weiland Road. He noted that other govern-
mental agencies such as Lake Forest, Lincolnshire, the
Buffalo Grove Plan Comm-Regular Meeting-December 4, 1991-Page 2
Deerfield Park District and Bannockburn appeared in court to
object to the district. He said Riverwoods' goal in forming
the district appears to be to acquire the Thorngate Country
Club to prevent any development of the property. He noted
that the proposed district excludes voters residing in
Lincolnshire although land in and around Lincolnshire would
have been in the district.
Commissioner Samuels noted that Lincolnshire appears to have
the biggest stake in the matter since the Riverwoods district
would preclude Lincolnshire from forming its own district.
Mr. Raysa noted that Commissioner Samuels is correct in his
analysis, and the matter also raises the issue of double
taxation since Lincolnshire does have a recreation department
that uses property tax revenue to provide services.
Commissioner Genell reported that Lexington Homes,
represented by Lane Kendig, appeared before the Lake County
Planning Commission on November 26, 1991 to request an
amendment to the Framework Plan plus a change in zoning from
Countryside to the Suburban and Urban Districts. Both
requests were unanimously denied by the Plan Commission.
UPDATE OF VILLAGE COMPREHENSIVE PLAN -- WORKSHOP #4
Vice-Chairman Goldspiel said this evening's workshop
concerning the Comprehensive Plan would be very interesting
because it deals with geographic areas that when developed,
will make Buffalo Grove a complete entity.
Trustee Rubin noted that the Village President and Board are
trying to work out a boundary agreement with Lincolnshire. He
said land use in certain areas would be an important element
of the agreement with Lincolnshire. He noted that the maps
concerning land use and zoning that the Commission would be
reviewing tonight have been discussed by the Village Board,
and Buffalo Grove's suggested allocation of geographic areas
has been forwarded to Lincolnshire for comment. He said that
Buffalo Grove's recommendations concerning land use are based
on the Plan Commission's discussions during the Comprehensive
Plan update process.
Mr. Balling stated that President Mathias and the Board need
the Plan Commission's input concerning land use as the
discussions with Lincolnshire continue. He noted that
President Mathias wants to make sure that compatible land
uses are worked out by Buffalo Grove and Lincolnshire so that
Buffalo Grove Plan Comm-Regular Meeting-December 4, 1991-Page 3
regardless of which community actually annexes a particular
area, the land use will be generally acceptable to the other
village. Mr. Balling noted that several key areas are contig-
uous to both villages and could be annexed by either village.
He said Buffalo Grove has had some negative experiences with
annexations on its periphery such as the Schwind parcel in
Wheeling and the Ridge Plaza in Arlington Heights. He said
the Village needs to have some input into development issues
such as traffic management when developments are built in
adjacent communities.
Mr. Balling noted that the large undeveloped property on the
south side of Route 22 across from Stevenson High School is
controlled by the owners of the Quill Corporation, and both
Lincolnshire and Buffalo Grove have had inquiries from the
landowner concerning development of the property. He said
that the eastern portion of the Stevenson High School
property is already in Lincolnshire, and the western portion
of the property will probably be annexed in the near future.
He noted that the Krisview Acres subdivision and other resi-
dential areas near Route 22 and Port Clinton are now being
served by Lincolnshire's water system.
Mr. Balling said that State law now allows binding boundary
agreements between villages, and these agreements can address
matters such as land use. He noted that Buffalo Grove has
previously had non-binding agreements with Wheeling and
Arlington Heights.
Commissioner Howard inquired if Lincolnshire still proposes
to develop a commuter rail station at Main Street and Route
22 in Prairie View.
Mr. Balling said Lincolnshire's plan for the train station
would include an area on the west side of Main. Street that
would be used for parking. He said if Lincolnshire implements
the commuter rail station plan it will be important that the
parking area is available to everyone, not just Lincolnshire
residents. He noted that many Buffalo Grove residents will
live near the proposed Lincolnshire station, and these
residents should have access to the parking facilities.
Vice-Chairman Goldspiel said he thinks it is unlikely that
Metra would have stations at Busch Parkway and Route 22
because they would be too close together. He said the
proposed Lincolnshire station would have an impact on Prairie
View, and this needs to be considered.
Buffalo Grove Plan Comm-Regular Meeting-December 4, 1991-Page 4
Mr. Balling said that Metra appears to be indicating that
stations in Vernon Hills at Route 45, a station in Prairie
View at Route 22, and the Buffalo Grove station at Busch
Parkway can all be supported when the Wisconsin Central
commuter service is established. He said the aesthetics of
the proposed Lincolnshire station in Prairie View need to be
addressed because Prairie View has some architectural
elements that could be part of an overall design plan for a
traditional rather than contemporary architectural
appearance.
Mr. Balling reviewed maps depicting current land use in the
areas between Buffalo Grove and Lincolnshire, and land use
designations by each community's current comprehensive plan.
He noted that the Boznos property on the east side of
Milwaukee Avenue near Aptakisic Road has the potential for
mixed-use development including retail, office and
residential uses as has been discussed by the Plan
Commission. He commented that the Land of Lakes landfill and
the Trumbull quarry area on the west side of Milwaukee Avenue
south of Aptakisic Road may have some potential for redevel-
opment for commercial use. He said the area on the west side
of Milwaukee Avenue north of Aptakisic Road may also be
appropriate for commercial development. He commented that the
Aptakisic Road area between Milwaukee Avenue and the
Wisconsin Central Railroad may have some commercial
possibilities such as automobile service centers.
Commissioner Samuels noted that the Boznos property is not
contiguous to Buffalo Grove, and he cautioned against count-
ing this area as an economic resource for Buffalo Grove when
it appears more likely that it would be annexed to Lincoln-
shire.
Mr. Balling commented that the Boznos property_ could be
annexed to Buffalo Grove by going through the Trumbull pit
area at the southwest corner of Aptakisic Road and Milwaukee
Avenue.
Trustee Rubin commented that Lincolnshire is also considering
a mixed-use type of development for the Boznos property.
He noted that President Mathias has indicated to Lincoln-
shire that the widening of Route 22 will be an issue
that Buffalo Grove wants to address in the proposed boundary
agreement.
Mr. Balling said that Lincolnshire has indicated that it may
be willing to disconnect the Industrial Drive area south of
Buffalo Grove Plan Comm-Regular Meeting-December 4, 1991-Page 5
Aptakisic Road so that Buffalo Grove can annex this area.
He commented that this area is not an attractive industrial
development, and it would take a redevelopment effort to make
it conform to Buffalo Grove's standards for industrial areas.
He said the Billick's acres area north of Aptakisic Road east
of Prairie Road is contiguous to Lincolnshire, and industrial
use may be allowed in this area if it is annexed to Lincoln-
shire. He said that the undeveloped tract at the southeast
corner of Port Clinton and Prairie Road is contiguous to
Buffalo Grove, but this is an area that Lincolnshire prob-
ably wants to include within its development area. He said he
thinks both villages would designate this area for single-
family residential development.
Trustee Rubin commented that Lincolnshire has indicated that
it is not interested in the northwest corner of Port Clinton
Road and Prairie Road where Ed Schwartz is proposing the
Indian Creek residential development. He noted that Vernon
Hills has also indicated that they do not propose to annex
this area.
Mr. Balling said that Buffalo Grove and Vernon Hills need to
work together concerning the future improvements to Buffalo
Grove Road/Port Clinton Road/Prairie Road. The alignment of
future improvements extending to Route 45 needs to be
determined, and this will affect the right-of-way needed from
the Indian Creek parcel.
Vice-Chairman Goldspiel inquired about Buffalo Grove's
ability to provide water and sanitary sewer service and fire
protection service to parcels such as the Boznos property,
the area on Route 22 south of Stevenson High School, and the
Indian Creek parcel.
Mr. Balling indicated that Buffalo Grove can provided water
and sewer service to all of these areas, although lift
stations would be needed for the sanitary sewer. He noted
that the Boznos property will be at the periphery of the
Village's fire protection system, but a station on the
Santucci property on Deerfield Parkway would provide the
capability for an adequate response time for emergency
service. He commented that the concept of mixed-use devel-
opment instead of all office development for the Boznos
property would reduce fire service demands as well as being
better in terms of traffic impact. He noted that Buffalo
Grove and other agencies have mutual and automatic aid agree-
ments concerning emergency services, so fire protection is
now less of a constraint to development than it used to be.
Buffalo Grove Plan Comm-Regular Meeting-December 4, 1991-Page 6
1
Mr. Balling discussed commercial development possibilities
in the Village's planning area, and he noted that the map
depicting future commercial areas shows that there are
relatively few sites available. He commented that the
Milwaukee Avenue corridor has the most potential for new
commercial development with sites such as the Santucci
property at Deerfield Parkway, areas north of Busch Parkway,
and the Boznos property at Aptakisic Road. He said that the
Village needs additional revenue from the generation of sales
tax to ensure that the Village maintains a strong fiscal
base while keeping property taxes as low as possible. He
noted that the Village receives sales tax of one percent per
dollar of sales from the State, and the Village has recently
enacted an additional local sales tax of 0.5 percent on
certain items, excluding items such as food and automobiles.
Vice-Chairman Goldspiel inquired if school districts obtain
any revenue from sales taxes.
Mr. Balling said that school districts depend soley on
property taxes for their revenue, and this is another reason
the Village needs to diversify its tax base by increasing its
sales tax revenue so that the Village will depend less on
property taxes, reducing the overall burden on property
owners concerning local government financing.
Trustee Rubin noted that the park district and the schools
are dependent property taxes, if the Village can increase
its revenue from sales taxes, this leaves more of the
property tax revenues for these other taxing bodies.
Mr. Brimm reviewed his report dated November 19, 1991 con-
cerning sales revenue trends for the Village. He noted that
sales tax revenue is becoming an increasingly larger portion
of the Village's revenue base, and sales tax revenue
increased for the Village even in the recessionary period of
1990 to 1991. He said that in the period between 1977 and
1984 growth in sales tax revenue was driven by inflation, but
in the period between 1986 and 1990 the increase in revenue
has been real growth, rather than inflationary growth.
Mr. Brimm reviewed his report dated November 21, 1991
concerning the Village's tax base growth and tax rates.
He noted that the Village's only source of revenue other than
sales tax is the property tax, and the Village's policy has
been to try to control property tax increases. He indicated
that although the assessed valuation of property in the
Buffalo Grove Plan Comm-Regular Meeting-December 4, 1991-Page 7
Village increased dramatically between 1980 and 1990, the
Village's tax rate charged to property owners declined
between 1985 and 1990. He noted that if property is not
productive, property owners can appeal to have their assessed
valuation decreased. This results in less overall property
tax dollars being available assuming a stable tax rate.
Another
area of concern to the Village is the lag between a
commercial building's occupancy and the re-assessment of the
property. The time lag results in a loss of property tax
revenue for local governments.
Vice-Chairman Goldspiel noted that 'the Plan Commission needs
to be sure that projects are viable so that the process of
lowering assessed valuations and reducing property tax
revenue is avoided.
Mr. Balling said that in addition to looking at new areas for
commercial development, the Village needs to assess existing
shopping centers and determine if any steps need to be taken
to ensure that these center remain economically viable. He
noted that there is always a risk that some tenants such as
supermarkets will leave shopping centers. He said some
centers such as Chase Plaza at Lake Cook Road and Arlington
Heights Road may be detrimentally affected in terms 'of access
if Cook County's proposed road improvements are implemented.
Vice-Chairman Goldspiel noted that the Strathmore Square
shopping center on Dundee Road appears to need some improve-
ments to remain competitive.
Commissioner Genell inquired if the Jewel-Osco store at the
Grove shopping center on Route 83 is planning to re-locate to
Town Center.
Mr. Balling said that supermarkets are not now a permitted
use in the Town Center B-5 zoning district, but the ordinance
could be amended if the Village Board determined that a
supermarket should be allowed in the Town Center. He said
that he is concerned that the Jewel-Osco store may re-locate
to the Schwind property at Lake Cook Road and Weiland Road
within the Village of Wheeling. This would be a negative
fiscal impact for Buffalo Grove.
Vice-Chairman Goldspiel noted that the Plan Commission had
once recommended a plan for Town Center that proposed a
supermarket on the north end of the shopping center.
Buffalo Grove Plan Comm-Regular Meeting-December 4, 1991-Page 8
Vice-Chairman Goldspiel commented that some designated
commercial areas such as the Crossings at Arlington Heights
Road south of Route 83 should be re-evaluated, and the Plan
Commission recently suggested that the Crossings site be used
for high-density residential development. He said the
approved commercial plan for the Crossings was too
restrictive concerning food store uses, and this probably
reduced its viability in the marketplace. He noted that the
property has been undeveloped for many years, and the most
recent plan was approved in 1988, but still no development
has occurred.
Mr. Balling said that if the Crossings site is not developed
for commercial use, it will be a negative impact for the
Village's sales tax revenue. He said the Village may have to
wait for better economic conditions for the Crossings site to
become more attractive to a developer for a commercial
center.
Vice-Chairman Goldspiel noted that the area around the
Crossings site is already built out in terms of residential
development, so it does not appear that the market for
additional stores will expand in this area. He said that
stores need residential developments in the immediate area to
support them, and it appears that the market in the 'Crossings
area is not large enough to support another shopping center.
He commented that he was a proponent for the Crossings
commercial plan approved in 1988, but he now questions if the
market is adequate to support another center.
Mr. Balling noted that Route 83 will be improved, and this
provide better access for the Crossings site and effectively
expand the market area farther north.
Vice-Chairman Goldspiel commented that the Town Center
shopping center was undermined by the reduction of
residential density in the area, and the Village needs to
keep in mind that shopping centers need residential areas to
support them. He said the concept of large lots for single-
family homes is not a good policy for land use because it
does not produce the density needed to support existing and
planned shopping centers.
Trustee Rubin inquired if the Village could annex the area
on Milwaukee Avenue north of Lake Cook Road where a number of
restaurants and a gas station are located.
Mr. Balling said businesses in this area already get Village
Buffalo Grove Plan Comm-Regular Meeting-December 4, 1991-Page 9
utilities because they were formerly on the utility system
provided by the Johnson family's company, and the Village had
to agree to provide utilities to this area when the Johnson's
property was annexed for the Chevy Chase Business Park and
Riverwalk. He noted that the Speedway gas station at
Riverwalk Drive and Milwaukee Avenue is unincorporated, and
this property owner may benefit from annexation to the
Village. This would provide significant sales tax revenue to
the Village.
Commissioner Genell suggested that the Village consider where
to locate uses such as a mortuary that are not now in the
Village.
Commissioner Rhodes noted that the Village also lacks a
department store.
Mr. Balling agreed that there are some uses that are not now
found in the Village, and other uses, such as automotive
service centers also need to be considered because they are
services that people need.
Mr. Raysa reviewed several legal matters with the Commission.
He noted that Chapter 24, Articles 11 and 12 of the Illinois
Revised Statutes set forth the basic legal responsibilities
and powers of the Plan Commission. He noted that Article 11-
12-9 includes new language added in 1991 concerning boundary
agreements. He also pointed out that in 1990 Illinois law was
changed to make it legal for a municipality to enter into a
pre-annexation agreement with the owner of property that is
not contiguous to the municipality at the time the agreement
is executed.
Mr. Raysa said that Article 11-13-14 addresses the issue of
protests to a zoning petition, and he said that the Village
should re-assess its current notice requirements by objectors
to a petitioner as set forth in the Zoning Ordinance.
Mr. Raysa noted that the Rodriguez vs. Henderson case heard
by the Illinois Appellate Court in July 1991 adds three
additional criteria to the six "La Salle" factors used by
Illinois judges to determine the validity of a re-zoning.
Mr. Raysa briefly discussed contract zoning and conditional
zoning, noting that courts have ruled that contract zoning is
illegal because it has the effect of "selling" municipal land
use powers, and the courts have said that zoning should not
be bargained between developers and municipalities. He said
Buffalo Grove Plan Comm-Regular Meeting-December 4, 1991-Page 10
conditional zoning may also be technically illegal, but it is
distinguished from contract zoning in that all properties in
the municipality are subject to the same regulations. He
pointed out the planned unit development ordinances are a
type of conditional zoning.
Mr. Raysa reviewed the key provisions of the Open Meetings
Act. He noted that a notice and agenda of a special meeting
needs to be published twenty four hours prior to a meeting
except in the case of emergency situations. Items discussed
at a special meeting are required to be limited to those
items that appear on the published agenda for the meeting.
Mr. Raysa briefly provided an update of several pending
lawsuits that the Village is involved concerning annexation
and zoning. Concerning the Golf Course North property on
Checker Road, the case is in the Appellate Court because of
the Village's appeal, and the parties are waiting on a date
to be set for oral arguments. The Schwind annexation matter
with the Village of Wheeling is set for a court dated in
February of 1992. Concerning Checker Square, the plaintiff
has not responded to various motions made by Buffalo Grove.
CHAIRMAN'S REPORT - None
FUTURE AGENDA SCHEDULE
Mr. Pfeil noted that a revised plan for the Abbott Con-
tractors site at Busch Road and Route 83 was referred back to
the Commission by the Village Board, and this would be on the
agenda for December 11th. He said that the public hearing for
the Winchester Estates Townhomes at Route 83 and Bank Lane is
scheduled for December 18th.
PUBLIC COMMENTS AND QUESTIONS - None
STAFF REPORT - None
NEW BUSINESS - None
ADJOURNMENT
Moved by Commissioner Rhodes, seconded by Commissioner
Howard, and approved unanimously to adjourn. Vice-Chairman
Goldspiel adjourned the meeting at 11:30 p.m.
Buffalo Grove Plan Comm-Regular Meeting-December 4, 1991-Page 11
Respectfully submitted,
Jl
Robert E. Pfeil, 'Village Planner
APPROVED BY:
E HEN GOLDSPIEL, Vice-Chairman
Buffalo Grove Plan Comm-Regular Meeting-December 4, 1991-Page 12
\im/
1.e...