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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...