Loading...
HomeMy WebLinkAboutPLAN COMMISSION - 08/06/2003 - TANTILLO HOMES CONDO PROPOSAL Elk Grove Village Plpri Cornmission Minutes August 6, 2003 Present: J. Glass \` F. Gemosky P. Ayers E.Hauser J. Meyers D. Paliganoff D.Sokolowski T. Thompson Absent: C. Henrici Staff: P. Vadopalas, Assistant to the Village Manager S. Trudan, Assistant Director, Community Development M. Pye, Assistant Director,Engineering G. Knickerbocker, Village Attorney Petitioner: J. O'Hara,Tantillo Homes H. Teplinsky, Attorney at Law Chairman Glass called the meeting to order at 8:00 p.m. Item 1: July 16, 2003 Meeting Minutes Commissioner Geinosky moved to approve the July 16 meeting minutes as written. Commissioner Meyers seconded the motion. Upon voting(Glass,Ayers,Gernosky,Hauser, Meyers,Paliganoff, Sokolowski,Thompson, AYES, Henrici, Absent)the motion carried. Chairman Glass noted that the Finding of Fact written after the July 16"'meeting includes a revised recommendation, and that the Plan Commission would discuss the issue at the end of tonight's meeting. Item 2-. Tantillo Homes Condominium Proposal,Perrie north of Landmeier Chairman Glass stated this hearing is a continuation from July 2, 2003. He noted that a number of people who were not able to testify at the July 2 meeting did submit written comments, and he asked that the letters be entered into the record on this petition. Chairman Glass stated that the Plan Commission had asked staff to research the background of Tantillo Homes developments in other communities, and he asked S. Trudan for any information gathered from other communities. S. Trudan stated that staff had contacted officials with the Villages of Itasca, Bloomingdale, and Woodridge. He stated all three communities experienced difficulties with Tantillo Homes. Itasca condemned balconies that were not constructed in a safe manner, and the Village Administrator commented that Itasca would not permit Tantillo Homes to build in their town in the future. He also confirmed that the Village drew on bonds to complete improvements. S.Trudan stated Bloomingdale required an additional $50,000 cash bond in lieu of temporary occupancies, and that Tantillo's letter of credit was called for public improvements. Driveways in the Bloomingdale development needed to be removed and reconstructed, and Bloomingdale officials criticized the lack of site supervision. The Village of Woodridge did not want to comment in any detail about their experience with Tantillo Homes, but did confirm that Woodridge did call a portion of a letter of credit to complete storm water improvements. - 1 - Chai heann$, ana Ch stated that Mr. the Petitioners as man Glass state Raza of Tantigv I their testirno Frit and F'r ny S ac„u h des exeepd'on 4es enta le t°hold a hcarin e0pnd, Ch ribs several Iter to the IVla -yorind 8 ut tO voice he r co testimony o"nonan o Glass stated ehetd es Y as a ,F. -Iftin the lert r ilk Crroye after t rate. He also felt that nts at the hear-lantillo home o vt need an aEtond krao show dusk be did not re u-1 2 Chai the peti'tio g, Chair wners was t�1ey toad due to the r ter to to c°pl t�on Glane ss s�t�in Previous Hers wasted a lot ofd One rotated he felt lent e the discuss on i s vn onth�w during Previous rnents, butinsacttim"y theAefitio Providingme ttete asr Pratend e urn naPPro Y did have Cha rman ngs With Tantillo llomeshChand a"'ici Glrr ass jd at Based on unrciAalities drew ter m°ny. repreSen Glass'asked note vol ewOil stated that h fo d the Petitioner d he is inclit ed rsrepresent alon bOrd monies t this petition n t thi at he hypeects t and Ht Introduce se Close rovi aria stated Tantillo t thatKC D fond what Frans'Y in odu ed Hara introduced t e he g at third C mer had entered trent Corpoatio iii Pastipe himself.,Hr Tantiliimselfas the T. at tlr man Glass stated into a contract h ill fully C° god He notes t o 8 aattorney antill my2he With K ntr behalf, aria that Tantillo ClVinl}eCe thePropert at ntilloHornes Plinsky selecting G1aT antillo indicate amps PreViOusl . tuber, 20()2. Y as of,9ugust 15 20o3,not build sell ' ra]contr ng a general ss stat that d that a genu } rcPresentedHe sale, there his whole time,contractor. Charrmaone POIn( lantillo - actor Wo uld rel as the dev yes- ewasnd misrepre$e n Glass state Hotnes off be hired s eloper of havePresentedthoguaranteethatgCN tedtheirroleinTantilloHothistnesedthe pln an Coandleconskuctit sAroon Jepj and H. uSplinsky hauteur to sell the property, r pert cowould it th this tJest' C G Hare Ver nn ted ended o dcvelop the tIctPate nTantillo's disc stated Y,ra Pro' a KC ons about wants to clarit' than mislead the hlitrinan Glass hat until the rte,Planned development uled OfthrrAugustMcr service ob]efactrusat Tantillo Horner ply commission ted"lantillo Homes onosed theto Co suing this furthersubJeet pr©f>Ert at Which Point, herefore should will not constr mission' lantillo not be uct th s 1ar0 s frustr without feedb He stated his cunt Ruiner will an issue of PrOJeek an wing that ke atron but would rke to the plan t, ern now rs that KCN w discussion Past die bon the discusSion. TeulisnkyW ill have a e�of t or olenn thesIng with hee cl arai gra Glass ass asked for the e V gs' on about the ed ed under -comfort in atgCyact gthatKrNw. rllageAno Ar°Aosedc sta`dsthep Kniekerboe _ as a oo- ill be the land nom opinion on n Petition Proble d r stated er; and stated th wrier n on whether P nt n omi tum do an ms and that rf Tantillat K ev the p e° nre CO With continue the heating would have been Otnes had (W hass bor eitifd a pKnickerb ek�statOn could Proceed bet, or thplan eCOnint g with KCIras co-pavo avoided, how..., h'mation tiut thhe rrs no en tilt he hadSuggested gg th the hEsal n, b under ones I abO wo wit su d their He noted th P ars have not ah LOnir w Chalrma contract, Tar tillo Ho with$ h . the Village n Glass asked at KCN could havanged and the plCaN most of the Se ifthe Co mer was responsible participated i n Commission cretaty Ge missioner fePlinsk ky asked what role s had any questions at e for obtaining Village approval tiogs w 'Ystated would control none, Saeret- Tantillo this Erne A al state the o ary Ge' Home Pr d tat if7{CN wnership enkt rnb'Sky state s "'Ould have . atJrnect itself. J O'H1es t1u°ugh they but would hi ethat Tantillo Ho this developme Pted tri kceP thesis stat that T 1 using on Au a contractor formeth s tastifed at nt after the An Tantillo Homes shout 0Ations lcn antillo Hon gust lS, till l oe construcrro�e JulY 2 hoarigust 1511,elosin d have sire Y exPlaineey d hesit id�not lose cd e onrOJect tog throuve z rO rote tiding ng treplrnsk g. tatiofrom or the th he prD gh with or tth in the land e beguin ng Chairman Glass stat d that SO they Secretary Geinosky questioned if this hearing could be closed, and then KCN could petition for the Village approvals without Tantillo Homes. G. Knickerbocker stated the Plan Commission could approve a Special Use permit to a designated entity in order to specify that KCN would be the developer of this project. This method would prevent the Building Department from issuing permits to any other entity than KCN. Commissioner Meyers stated that Tantillo Homes could still be a controlling interest in the property even if KCN was the general contractor. G.Knickerbocker stated that after August 15s',Tantillo Homes will have sold the property. Knickerbocker stated that his concern is that KCN may not close on the property if they have concerns about ultimately gaining Village approval for the project. Commissioner Meyers noted that he has no objections to the proposed condominium development,but does object to Tantillo Homes controlling this project. G. Knickerbocker noted that KCN and Tantillo Homes have never joint-ventured on a development, and KCN likely has no intention of developing this site as a joint venture either. Commissioner Hauser questioned if a new legal notice is required given that KCN is really the petitioner in this case and will soon be owner of record, and the current legal notice is incomplete. G. Knickerbocker stated at this point KCN is the contract purchaser, so the legal notice is not flawed. Commissioner Hauser stated the co-petition from KCN is not dated, and therefore he is unable to discern when KCN joined in the petition. Knickerbocker noted he was present when the co-petition was filed, and it may have not been dated due to a clerical error. Knickerbocker stated that while the notice may be incomplete, it is still legal and his opinion is that the Village can continue the hearing with KCN as co-petitioner. Commissioner Ayers stated he agreed with Secretary Geinosky's suggestion to close this hearing and let KCN petition on their own. Commissioner Thompson concurred. Secretary Geinosky asked if KCN would need to obtain Village Board authorization to schedule a hearing before the Plan Commission. Knickerbocker stated they would need Village Board authorization. Chairman Glass stated the Plan Commission has the option of denying the Tantillo petition,or of accepting KCN as co-petitioner. Chairman Glass recessed the hearing at 8:50 p.m. The hearing was reconvened at 9:00 p.m. Chairman Glass asked for a motion on the petition. Commissioner Meyers moved to recommend denial of Tantillo Homes' petition. Commissioner Paliganoff seconded the motion. Upon voting(Glass,Geinosky,Ayers,Hauser, Meyers, Paliganoff, Sokolowski, Thompson, AYES,Henrici, Absent)the motion carried. Chairman Glass closed the hearing at 9:04 p.m. and stated a Finding of Fact would be sent to the Village Board for consideration. Chairman Glass stated that representatives of KCN are in attendance, and asked if they had any comments. E. Niziol introduced himself as a principal of KCN Development Corporation. Niziol stated KCN does not intend to involve itself with Tantillo Homes in anyway, and he was unaware of Tantillo's background. KCN was simply looking to purchase the property with Village entitlements. For the record, Niziol stated he has an extensive and accomplished history in the development industry and KCN would use their own architect and engineer to design the project. Niziol stated he has a letter of commitment from a lender though he will need to re-evaluate his position given tonight's action. He noted that he understands the Plan Commission's apprehension. Chairman Glass asked why KCN did not act as a petitioner from the outset. Niziol stated Tantillo Homes did not want KCN's participation in the entitlement process. At the outset, KCN had not arranged the financing for the project, and Tantillo wanted to be able to negotiate with other entities in the meantime. - 3 - Chairman Glass stated that the Village Board will consider the Plan Commission's recommendation. Niziol questioned what steps could be taken to consider a petition as expeditiously as possible. Chairman Glass stated the Plan Commission's calendar is full until October 1,unless the Plan Commission agreed to hold a special meeting earlier than that. After some discussion,the Plan Commission unanimously agreed to hold a special meeting on September 10,if authorized by the Village Board. The meeting ended at 9:28 p.m. Chairman Glass stated the Plan Commission will need to discuss their recommendation regarding the text amendment considered at the July 16 meeting. The Plan Commission recommended approval of an amendment to the Zoning Ordinance to permit retail sales in the industrial zoned districts as a Special Use if the floor area did not exceed 35%. In addition,the Plan Commission recommended to approve such a Special Use permit to Collections, Etc. to operate a retail outlet in an I-1 Industrial District. Subsequent to the July 16 meeting, staff determined that the unintended consequence of this recommendation was to make the Zoning Ordinance more strict as it relates to retail uses in the industrial zones, while the intent of the text amendment was to make it less strict. Chairman Glass noted that the Plan Commission chose to defer discussion of the entire text amendment to a later date,but attempted to make a change to permit Collections Etc, which the Plan Commission supported. After some discussion, the Plan Commission agreed to add the word"office"to the list of permitted uses to which retail sales would be permitted to be accessory to,and to recommend approval of a Special Use permit under the amended Zoning Ordinance to Collections, Etc. Commissioner Ayers moved to rescind his previous motion to recommend that the Village Board amend Section 7- E:3B, Special Uses (Sections 1-5) of the Zoning Ordinance,revised to read"does not exceed 35%". Commissioner Hauser seconded the motion. Upon voting(Glass,Geinosky,Ayers,Hauser,Meyers, Paliganoff, Sokolowski, Thompson, AYES, Henrici, Absent)the motion carried. Secretary Gemosky moved to rescind his previous motion to recommend that the Village Board grant a Special Use permit to Collections,Etc.to operate a retail use in an I-2 Industrial district at 2525 Busse Road. Commissioner Meyers seconded the motion. Upon voting(Glass, Geinosky, Ayers, Hauser, Meyers, Paliganoff, Sokolowski, Thompson, AYES, Henrici, Absent)the motion carried. Commissioner Ayers moved to recommend that the Village Board amend Section 7-E:3B, Special Uses,of the Zoning Ordinance,revised to read as follows(added text underlined in bold): B. Retail Sale of Merchandise: Retail sale of merchandise wherein the floor area of said retail use exceeds twenty percent(20016) of the entire floor area of thPprimary building or structure and where said retail use is in conjunction with wholesale use, or wholesale storage of merchandise, or office uses. Commissioner Hauser seconded the motion. Upon voting(Glass, Geinosky,Ayers, Hauser,Meyers, Paliganoff, Sokolowski, Thompson, AYES, Henrici,Absent) the motion carried. Secretary Geinosky moved to recommend that the Village Board grant a Special Use permit to Collections,Etc. to operate a retail use in an 1-2 Industrial district at 2525 Busse Road under the Zoning Ordinance as amended. Commissioner Meyers seconded the motion. Upon voting(Glass, Geinosky, Ayers, Hauser, Meyers, Paliganoff, Sokolowski,Thompson, AYES,Henrici, Absent)the motion carried. Item 3: Adjournment Chairman Glass asked for a motion to adjourn. Commissioner Hauser moved to adjourn and Commissioner Ayers seconded the motion. Upon voting(Glass, Geinosky, Ayers, Hauser, Meyers,Paliganoff, Sokolowski, Thompson, AYES, Henrici, Absent) the motion carried. - 4 The meeting was adjourned at 10:00 p.m. Respectfully submitted, �z Peter J. Vadopalas Assistant to the Village Manager C: Chairman and Members of the Plan Commission, Mayor and Board of Trustees,Village Clerk, Village Manager, Assistant Village Manager,Assistant to the Village Manager, Administrative Intern, Director of Engineering/Community Development,Director of Public Works, Fire Chief, Deputy Fire Chief(2), Assistant Fire Chief, Village Attorney. - 5 -