Members Present: Cheryl Ross, Frank Papp, Bryan Winter, James Sula, William Finn, Kathryn McDermott & Chairman Lyle Foster

Members Absent: None

Other Officials Present: Jon Wildenberg, Director of Building and Zoning; Bud Reed, Director of Engineering, Barbara Swanson, Village Attorney; Kirk Skoog, Associate Planner; and David Ziegler, Civil Engineer

1. The meeting was called to order at 7:30 p.m.

2. Mr. Winter moved, seconded by Ms. Ross to approve the minutes of the August 16, 2000 meeting.

Roll Call Vote:

Ayes: Ross, Papp, Winter, Finn, McDermott & Foster

Nays: None

Abstain: Sula

Motion Carried: 6-0-1

3. Final Subdivision Plat: Riverside Plaza

The subject property consists of 17.3 acres and is located at the northeast corner of Washington Street and Route 21. The property is zoned C/B-2, Community Business District. A portion of the property is improved with a multi-tenant commercial building (Riverside Plaza). The owner is seeking approval of a Final Subdivision Plat for eight commercial lots. Approximately one month ago the Plan Commission approved the Preliminary Subdivision Plat for this property. The owner is now seeking approval of a Final Subdivision Plat. The final plat is consistent with the approved preliminary plat, with the addition of a blanket easement for cross access. The Final Plat is in conformance with the Subdivision and Zoning Ordinance and is recommended for approval subject to final engineering.

Mr. Sula asked if future tenants or landowners could dispute the access easement. Mr. Skoog stated that an amendment to the plat would be required in order to change the access easement.

Mr. Finn moved, seconded by Mr. Papp to forward a favorable recommendation to the Village Board to approve the Final Plat of Subdivision for Riverside Plaza.

Roll Call Vote:

Ayes: Ross, Papp, Winter, Sula, Finn, McDermott & Foster

Nays: None

Motion Carried: 7-0

4. Final Subdivision Plat: D & C Diaz Re-subdivision

The subject property consists of approximately .70 acres located at the northwest corner of Grove Avenue and Belle Plaine Avenue. The property is zoned R-3, Single Family Residential. The property owner is seeking approval of a Final Subdivision Plat for two single-family lots. There is an existing home on Lot 2. A variance was approved in 1996 that allows the home to encroach 13 feet into the required 30-foot rear yard setback. The home meets all other setback requirements. Fee in-lieu of sidewalk and storm water detention is required. The Final Plat is in conformance with the Subdivision and Zoning Ordinance and is recommended for approval subject to final engineering.

Mr. Winter moved, seconded by Mr. Sula to forward a favorable recommendation to the Village Board to approve the Final Plat of Subdivision for D & C Diaz.

Roll Call Vote:

Ayes: Ross, Papp, Winter, Sula, Finn, McDermott & Foster

Nays: None

Motion Carried: 7-0

5. Final Subdivision Plat: Oak Stream Phase One

The subject property consists of approximately 3.4 acres and is located at the southeast corner of Greenleaf and Blackstone. The property is zoned R-5 PUD, Limited Multi-Family as a Planned Unit Development with Preliminary Plat approval for 18 townhome units, including two units in an existing duplex. The owner is seeking Final Plat approval to subdivide the property into three lots and one outlot. In the future, separate lots will be subdivided out for each townhome unit.

Mr. Sula asked if the Village is breaking new ground by subdividing lots between an existing building. Mr. Wildenberg stated that the Village has subdivided in this manner before. Mr. Winter asked how the property is currently divided. Mr. Wildenberg stated that the entire property is one lot.

Mr. Sula moved, seconded by Mr. Finn to forward a favorable recommendation to the Village Board to approve the Final Subdivision Plat of Oak Stream Phase One.

Roll Call Vote:

Ayes: Ross, Papp, Winter, Sula, Finn, McDermott & Foster

Nays: None

Motion Carried: 7-0

6. Public Hearing: Brad Jenks

The subject property is located at 4445 Grand Avenue. The property is zoned C/S-3, Village Center Residence/Business District. The petitioner is requesting approval of a special use permit to allow the establishment and operation of a financial services firm.

Brad Jenks, 5750 Delaware, stated that his firm employs only himself and his secretary. An additional financial advisor may be hired in the future, which would bring the total employee count to 3. The business operates Monday through Friday during normal business hours.

A ramp is proposed to be added to the east side of the structure to provide access for handicapped individuals. A 15 square foot per face wood carved sign is proposed along Grand Avenue to identify the business. It appears that the height of the sign exceeds the 5-foot height limit that has been applied to properties in this district.

A large parking lot exists to the east and is owned by Mr. Iskalis, who operates Iskalis American Floor Show, located south of the subject site. Mr. Jenks presented a handwritten agreement to the Plan Commission members indicating that Mr. Iskalis will allow the use of 5 parking spaces adjacent to the subject site. Mr. Iskalis' site has more parking than what is required by ordinance. Mr. Jenks presented a back up plan for on-site parking, which would take effect should Mr. Iskalis decide to terminate the parking agreement at any time in the future.

Mr. Winter stated that he has concerns about the proposed parking, signage, and sign lighting. Mr. Jenks stated that he was not given a list from the Village that summarizes what requirements he is subject to. Mr. Wildenberg stated that the requirements are listed throughout the zoning ordinance. Mr. Sula stated that he does not like the back up parking plan because it would require some vehicles to back out of the site on to Grand Avenue. Mr. Wildenberg stated that another business (Venturi Law Office) was given approval in this district for a similar situation. Also, there is a break in the landscaped area of this site which would allow a vehicle to turnaround and enter Grand Avenue facing the street.

Mr. Sula inquired about the possibility of utilizing the parking areas at Viking Park and School. Mr. Wildenberg stated that these areas are farther away and would also require parking agreements. Mr. Winter was concerned about the potential in the future of increasing to 5 or 6 employees and how that would affect the parking situation. Mr. Wildenberg stated that provisions can be established limiting the number of employees; Mr. Jenks is giving testimony tonight that there will not be more than 3 employees.

Mr. Jenks stated that he would like to reduce the number of clients he serves in the future so he should not require additional parking. Mr. Winter stated that there are currently deficient setbacks and also that there should be an agreement not to expand to more than 3 employees. Mr. Papp stated that the current plan is insufficient because it does not provide for a handicap space.

Mr. Finn stated that the garage could be torn down which could provide for a better parking situation. Mr. Sula stated that if the business expands, there could be a need for more parking in the future. He asked what the parking requirements are. Mr. Wildenberg stated that 5 spaces are required for the first 1,000 square feet of office space. The current status of the building would not allow for an increase in office space because only the first floor can be used. Major improvements to meet building and fire codes would be required on the second floor in order to utilize this area as office space; it currently can be used only as storage. The plan does not necessarily need to meet the setbacks as prescribed in the zoning ordinance; they can be different for a special use permit.

Mr. Winter stated that the agreement with Mr. Iskalis should be in a formal contract. Mr. Jenks stated that he understands the Commissioners' concerns, but his situation needs to be acceptable to the Village in order for these lots to be utilized for commercial purposes. Mr. Foster stated that as Commissioners, they have an obligation to follow the provisions of the zoning ordinance; the burden of proof to meet these standards is on the petitioner. Mr. Papp stated that they have to base their decision on what is presented and the current plan does not show enough.

Ms. McDermott stated that this is a good idea for the use of this property. She would give a favorable recommendation on the petition with some adjustments to the plan.

Mr. Winter stated that they could limit the use to 3 employees, approve the parking plan with Mr. Iskalis, and note the deficiencies of the site plan. Mr. Foster stated that he is uncomfortable limiting the number of employees. Mr. Sula stated that he is troubled by the quality of the agreement and is unhappy with the quality of this presentation. He stated that there are too many variables and that the hearing should be continued.

Mr. Winter moved, seconded by Ms. Ross to forward a favorable recommendation to the Village Board to approve a special use permit to allow the establishment and operation of a financial services firm contingent on the following requirements:

1) This motion does not include the parking site plan because of the deficiencies in the sideyard setbacks and the lack of a handicap space.

2) The identification sign is limited to 5 feet in height and a total of 15 square feet.

3) A more definitive agreement with Mr. Iskalis is required regarding parking spaces.

4) The identification sign lights are limited to 100 watts and all site lighting (except security) is required to be turned off each night at 10:00 PM.

Roll Call Vote:

Ayes: Ross, Winter, Finn & McDermott

Nays: Papp, Sula & Foster

Motion Carried: 4-3

7. Public Hearing: Jarslova Downing and Gary Becker

The subject property consists of approximately .70 acres located at the southwest corner of Lee Avenue and Boulevard View which, in this location, is not a street but a recreational pathway. The property is zoned R-2, Single Family Residential which requires a minimum lot size of 15,000 square feet and a minimum lot width of 100 feet. The owner is seeking a zoning map amendment to R-3, Single Family Residential which requires a minimum lot width of 80 feet and a minimum lot size of 10,000 square feet. The developer working east of Boulevard View (Argyll Piansay) was going to put in a temporary cul-de-sac, but now that this subdivision is proceeding, Lee Street could be connected through across Boulevard View, or culs-de-sac could be constructed to terminate on the east and west sides of Boulevard View.

The Comprehensive Land Use Plan reflects residential at a density of 2<4 units to the acre for the subject property. R-3 zoning is consistent with the Comprehensive Plan. In addition, the northeast area of town has typically been allowed to convert from R-2 to R-3 zoning as sewer and water are extended and lots connect to these services.

Glen Christensen, 4990 Prairie Oak Road, was present to represent the petitioners. He stated that they are in the process of obtaining a permit from Lake County to fill a small wetland on the property. The plat has been drawn showing a 60-foot diameter cul-de-sac at the east end of Lee Avenue where it terminates at Boulevard View. Mr. Winter asked if that is the typical cul-de-sac size. Mr. Reed stated that it is not; he prefers that the street be constructed through to connect with the existing Lee Avenue east of Boulevard View. He would like the Plan Commission to give a recommendation on this issue because he has instructed Mr. Piansay to hold off on street construction until this issue is resolved.

Mr. Winter asked why the street should be put through. Mr. Reed stated that the streets in this part of the Village were laid out in a grid, they cannot accommodate full culs-de-sac, and there are not streets in the area that are intended to be used as collector streets. In addition, fire trucks cannot turn around in this size of a cul-de-sac and snow removal is inefficient.

Ron Hedlund, 3501 Lee Avenue, stated that he is concerned about flooding. He would like to know if storm sewers will be constructed. There is a creek along the bike path that floods when it rains. He would like to see a cul-de-sac installed rather than putting the street through.

Argyll Piansay, 3518 Grove Avenue, stated that he would like to know the rationale behind deciding if properties should be rezoned from R-2 to R-3. He stated that the decisions that the Village has made in the past have been inconsistent. He stated that the area floods now, so any new development without new storm sewers will increase the flooding problem.

Mr. Reed stated that whenever properties develop in this area, the Village requires that a fee in lieu of storm water be paid. The Village collects this money and at some point in the future, improvements will be made in the area. At this time, the Village has not determined a schedule for these improvements. Mr. Wildenberg stated that the rezoning of property takes place on a case by case basis; each situation is different and different factors need to be taken into account.

Mr. Winter stated that since he has been on the Commission, he consistently voted against rezoning of property when sewer and water have not been available. If this subdivision were two lots instead of three, would a cul-de-sac work? Mr. Christensen stated that it would be a considerable expense; it probably would not be economically feasible. Some of the R-2 properties that had petitioned to be rezoned to R-3 in the past were larger lots to the north and it was viewed by the Village as "spot" zoning (non-contiguous).

Jarslova Downing, 2259 Heathercliff, Libertyville, stated that both he and Mr. Gary Becker (the petitioners) prefer that a cul-de-sac be installed.

Mr. Sula moved, seconded by Mr. Papp to forward a favorable recommendation to rezone the property from R-2, Single Family Residential to R-3, Single Family Residential.

Roll Call Vote:

Ayes: Ross, Papp, Winter, Sula, Finn, McDermott & Foster

Nays: None

Motion Carried: 7-0

8. Final Subdivision Plat: Forest Glen

The subject property consists of approximately .70 acres located at the southwest corner of Lee Avenue and Boulevard View. The property owner is requesting approval to subdivide the property into three single-family residential lots. Fee in-lieu of sidewalk and storm water detention is required. The Final Plat is in conformance with the Subdivision and Zoning Ordinance and is recommended for approval subject to final engineering.

Mr. Sula stated that he is concerned with the public safety implications if Lee Avenue is to be terminated in culs-de-sac. He thinks it is a logical extension. Mr. Christensen stated that it was noted earlier that fire trucks could not turn around on 60-foot diameter culs-de-sac. He would just like to point out that large fire trucks cannot turn around on 90-foot diameter culs-de-sac, either. Ms. Ross asked if culs-de-sac will be acceptable to Mr. Reed. Mr. Reed stated that he has explained his position regarding this issue; he would like the Plan Commission and Village Board to make the decision.

Mr. Winter moved, seconded by Mr. Finn to forward a favorable recommendation to the Village Board to approve the Final Subdivision Plat of Forest Glen with Lee Avenue constructed to terminate in culs-de-sac at the east and west sides of Boulevard View.

Roll Call Vote:

Ayes: Ross, Papp, Winter, Finn, McDermott & Foster

Nays: Sula

Motion Carried: 6-1

The meeting was adjourned at 9:15 p.m.

Submitted by,

Kirk Skoog

Associate Planner