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HomeMy WebLinkAboutPLAN COMMISSION - 11/30/1977 - PARKVIEW HEIGHTS SUBDIV Minutes Special Meeting Elk Grove Village Plan Commission November 30, 1977 The special meeting of the Plan Commission was called to order by Chairman Shannon at 8: 10 p.m. on Wednesday, November 30, 1977 in the Multi-Purpose Room of the Municipal Building, 901 Wellington Avenue, Elk Grove Village. MEMBERS PRESENT: MEMBERS ABSENT: William Shannon, Chairman James Petri Leah Cummins, Secretary William Wesley John Glass STAFF PRESENT: Thomas Hamilton Richard M. Finn, Edward Hauser Administrative Assistant H. Peter Kaleta, Village Engineer PARKVIEW HEIGHTS SUBDIVISION (SZWALA 80-acre tract) Mr. Szwala, the developer, Mr. Sterm, architect, Mr. Lofflin and Mr. Linley, engineers , were present to represent the petitioner. The Parkview Heights Subdivision is located north of Nerge and west of Rohlwing Road. The Plan Commission was reviewing the final plat of subdivision to enable the Commission to make a recommendation to the Village Board. Hamilton began the discussion by stating that the subdivision did not appear to take into account the flood plain and the areas which were actually peat bogs. Hamilton asked if Szwala would outline the plans that he was going to implement in order to correct the flooding conditions . Mr. Szwala stated that the plans which he would operate under were exactly the same as the plans that were submitted to the Plan Commission a year earlier. Mr. Linley briefly outlined the plans and he noted that the park area to the north would be dry detention. He stated that the land would be dried out and new soil would be added so that the land would be usable. Hamilton asked if the land would be able to support equip- ment and recreational structures. Linley stated that the land would support the weight, however the land should be allowed to settle for a three year period. Linley also noted that the land would be built up eight feet in specific areas. Mr. Sterm continued the discussion by suggesting that the peat did not lie under the entire park area, and once the soil was drained, the land would be able to support structures . Hauser asked how the proposed development would tie into the surrounding area. Mr. Lofflin briefly described the engineering plans and he explained that the drainage would flow to the north. Hamilton asked how large a storm sewer would be used for the development. Lofflin stated that they would use a 24" storm sewer which would take the normal water flow across the development to the culvert located on Rohlwing Road. Lofflin noted that the drainage for the proposed development was designed according to the 100 year flood map. Hamilton next asked how the proposed development would affect the Centex property located to the siouth. Hamilton noted that the Centex property would be dedicated to the Village and turned over to the Park District at a future date. Szwala stated that he would provide Plan Commission Minutes - 2 - November 30, 1977 drains in the area and that a pipe connecting the drains would be provided to drain the future Park District property. Hamilton asked if the developer planned on reshaping the area in question. Szwala stated that he would provide the pipe and the drains, however he did not believe that he had promised to reshape the subject property. Hauser noted Szwala's statement and he stated that during negotiations with the Park District Szwala stated that he did not want to reshape the area, but if he had to he would. Szwala responded by saying that he would abide by the agreement. Hauser stated chat he wanted to ensure that the Park District was protected so that they would not have to spend taxpayers ' dollars on reshaping the property (presently owned by Centex) after the land settled. Hamilton suggested that the Plan Commission and the Park District ensure that the subject property be maintained by requesting the developer to place a specific amount of funds in escrow. Szwala stated that he would comply with all the requirements for his property, however he did not want to do Centex's job. Hamilton noted that Szwala's development would be using the Centex property for retention and therefore it was incumbent on Szwala to compensate for the use of the subject property. Shannon suggested that eventually the property in question would be dedicated to the Park District and therefore Szwala should recognize that a tradeoff would be taking place. Hauser suggested that if the subject property were allowed to dry for three years, he believed that the developer should put funds in escrow to ensure that the property would be properly graded and seeded. Szwala stated that he would comply with all of the agreement reached with the Park District one year earlier. Shannon expressed concern that the developer would conclude his work before the subject property was properly settled and the Park District would be in possession of unusable property. Szwala noted Shannon's concern and he stated that during the original development of his property, he would grade the Centex property and plant grass.. He also stated that he would provide any extra drains that might be needed for the site and he would put up an additional $1 ,500 to seed the property once the land settled. Hamilton suggested that after the three year period of the land settling, money would be required to regrade the property and seed the entire area. He suggested that the Park District and the developer draw up an estimated cost for the project. Szwala stated that he would agree to give an additional $5,000 to the Park District to regrade and seed the Centex property. Szwala also stated that he would dedicate the Park area after the property was completely settled and it would meet .all the requirements of the Village and the Park District. Hamilton asked if the developer would take steps to ensure that peat was not placed on the surfact of the Park area. Szwala stated that he would make certain that peat was not used on the surface of the Park. Next, Hamilton asked how much topsoil would be placed on the Park area and the lots of the subdivision. Linley stated that they would put approximately six inches of topsoil on the entire subdivision. Hamilton stated that he did not feel that six inches was enough. Szwala stated that he would provide at least e'i'ght inches of topsoil if the Plan Commission Minutes - 3 November 30, 1977 Commission required it. Linley noted that the subdivision had approxi- mately twelve inches of topsoil located throughout the site. The concensus of the Commission was that eight inches of topsoil was acceptable. Hauser asked if Szwala was going to develop the entire subdivision. Szwala stated that he would put in all the improvements and he would construct approximately 25 percent of the houses . The remainder of the houses would be built by three or four other developers . ROHLWING GROVE UNIT 1-A Shannon noted that the Building and Engineering Departments had reviewed and approved the plat. Kaleta, Village Engineer, stated that he had reviewed the easements and they complied with the Village requirements. However, there were several questions concerning the front yard requirements and the Commission requested that the Building Commissioner review the plat before the Commission made their recommendation. DOCKET 77-20: Text Amendment to Zoning Ordinance AMBULATORY SURGICAL TREATMENT CENTER George Knickerbocker, Village Attorney was present to represent the petitioner (Elk Grove Village) . The petitioner was requesting a Text Amendment to Section 5.5 of the Zoning Ordinance to amend the Village's B-2, General Business District, as outlined in the legal notice published in the local newspaper. Shannon began the discussion by asking how important it was for the Plan Commission to reach a recommendation. More specifically, Shannon asked if the Commission should attempt to gather all the relevant information or should they attempt to reach a decision as soon as possible. Knickerbocker stated that he did not want the Commission to overlook the fact that the court was reviewing the issue. He did note that he would like the Commission to reach a decision as soon as possible, but he did not wish to intimidate the members of the Commission in any way. Cummins stated that she felt that since the Village was self- governing, the Village could prohibit certain uses . Cummins noted that during the Public Hearing there was no evidence submitted which established a need for an Ambulatory Surgical Treatment Center. Knickerbocker stated that the Village's position was that under the current Zoning Ordinance an Ambulatory Surgical Treatment Center was not a permitted use. Knickerbocker noted that for that reason the Village had petitioned to allow the Ambulatory Surgical Treatment Center as a conditional use. Hamilton stated that by the very fact that the Commission was considering the Text Amendment, it was implied that the Village did not permit the use. Hamilton asked what were the options available to the Commission, and could they reject the entire use. Knickerbocker stated the Commission could recommend that specific uses in the Ambula- tory Surgical Treatment Center be prohibited; however, they would have to show why the uses were prohibited. Knickerbocker noted that the Village was attempting to control the various uses . If the Village Y • • Plan Commission Minutes - 4 - November 30, 1977 was to say that for practical purposes (public opinion) the Village was not going to permit the Ambulatory Surgical Treatment Center, then the courts could force the Village to allow the use with little or no regulations . Hamilton asked if the court would permit the rejection of the use because of the location of the area hospitals and the higher risk factors involved in the Ambulatory Surgical Treatment Center. Knickerbocker stated that if the Commission approach the issue in that manner, they would be attempting to regulate medicine and doctors ' rights to practice. Cummins noted that there was no testimony presented at the Public Hearing which defined how the proposed use would affect the health, welfare and safety of the community. Cummins continued by stating that the Commission had received no evidence that an ambulance could make the prescribed trip within the alotted 15 minutes. Cummins inquired whether the Commission could make their decision on those variables. Knickerbocker stated that the Commission could make their decision on any variables they choose; however, it did not mean that the decision would prevail in the courts. Knickerbocker continued by stating that the State issued the licenses for all Hospitals and Ambulatory Surgical Treatment Centers and that the two uses were similar except that Ambulatory Surgical Treatment Centers did not permit the patient to remain overnight. If the Village states that there was no need for Ambulatory Surgical Treatment Centers then it would imply that there was no need for hospitals. Knickerbocker concluded that in his opinion the approach would not stand up in court. Cummins asked if the Village could prohibit the use because the 15 minute ambulance traveling time could not be met. Knickerbocker stated that if a person believes that they can operate a business within the requirements, then we cannot prohibit them from running their business .as long as they comply with the regulations. Shannon stated that the proposed Ambulatory Surgical Treatment Center was a new service and the question in his mind was whether the service was actually needed. Shannon noted that every zoning change that had ever come before the Commission had shown a specific need. Cummins stated that in her opinion the State was not wrong in establishing the use; however, she noted that in her opinion (because of the lack of evidence) there did not appear to be a need for the Ambulatory Surgical Treatment Center in Elk Grove Village. Cummins continued by stating that she felt it extremely important to obtain the peril report that was referred to during the Public Hearing. Hauser agreed that the Commission should obtain the report and he noted that only by obtaining the report could they determine if there was support for the change in the Zoning Ordinance. Glass stated that the 15 minute ambulance traveling time was vague and the Commission might want to define the travel time in more detail . Trustee Tosto noted that he was against having an outside ambulance firm transporting _withA n the Village if the ambulance was not properly equipped or- the personnel properly trained. Tosto stated that he felt that allowing .these ambulances to function in the Village would be a giant step backwards because it would compromise the health, safety and welfare of the residents because of the 15 minute travel requirement. Hamilton noted Tosto's concern and he requested that the Fire Department submit their optimal response time. More specifically, Plan Commission Minutes - 5 - November 30, 1977 Hamilton asked how the Fire Department determined if their services were acceptable. Glass agreed with Hamilton and he noted that the Village had set certain safety standards including response times , and the standards should not be lowered. Tosto stated that the Fire Department attempts to respond to every emergency within three minutes . Hamilton noted Tosto's remarks and he stated that the Commission should require the same standards as the Fire Department maintains. DOCKET 77-10: PISZCZEK, 224 Devon Avenue Shannon noted that a finding of fact had been prepared and distributed to the Commission concerning the property located at 224 Devon Avenue. The petitioner was requesting that the property located at 224 Devon Avenue be annexed into the Village. The annexation would be contingent on the rezoning of the property from R-3, Residential District to B-3, Automotive Orientated District for the establishment of a repair garage and equipment rental garage. The Plan Commission had previously moved to recommend denial of the request at the November 30, 1977 meeting. Hamilton moved to approve the finding of fact as submitted. Hauser seconded the motion. All present voted 'AYE' . At that point, Shannon directed that the finding of fact be forwarded to the Village Board. PLAT OF VACATION OF AN EASEMENT FOR CENTEX INDUSTRIAL PARK UNIT NO. 217 Shannon noted that the Village Engineer had reviewed and approved the Plat of Vacation of the Easement located on the Centex Industrial Park Unit No. 217. Cummins moved to recommend approval of the vacation. Hamilton seconded the motion. All present voted 'AYE' . The meeting adjourned at 12:55 A.M. Submitted by: Richard M. Finn Administrative Assistant RMF:ms (12-5-77) c: Chairman & Members of Plan Commission, Village President & Board of Trustees, Village Clerk, Village Manager, Assistant Village Manager,. Administrative Assistant, Building Commissioner, Village Engineer, Planning Consultant, Director of Parks and Recreation, Calkins , Centex.