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Home My WebLink AboutPLAN COMMISSION - 11/16/1977 - 224 DEVON AVE DOCKET 77-10 Minutes Elk Grove Village Plan Commission November 16, 1977 The regular meeting of the Plan Commission was called to order by Chairman Shannon at 8: 10 p.m. on Wednesday, November 16, 1977 in the Multi-Purpose Room of the Municipal Building, 901 Wellington Avenue, Elk Grove Village. MEMBERS PRESENT: STAFF PRESENT: William Shannon, Chairman Richard M. Finn, Leah Cummins, Secretary Administrative Assistant John Glass Thomas Hamilton Edward Hauser James Petri William Wesley Docket 77-10: Piszczek, 224 Devon Avenue Ronald Piszczek was present to represent the petitioner. 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. Shannon began the discussion by noting the petitioner was allowed three separate opportunities to present information to the Plan Commission. Shannon continued by stating that he felt that there were several items that the Commission should consider while making their decision concerning the rezoning request. Shannon noted that the following items should be considered: (1) the size of the lot; (2) lack of compliance to the Village's side yard requirements ; (3) adjoining property zoning; (4) is the property in the flood plain; and (5) request by the petitioner for the extention of sewer and water lines. Glass agreed with the items mentioned by Shannon and he suggested one additional item that the Commission should consider. Glass noted that there was a possibility that the property located directly across from the subject property could be used for the establishment of a Forest District in DuPage County. Shannon continued the discussion by stating that he felt that the 75 foot side yard requirement was very important because the side yards help prevent undesirable effects on the abutting residential property. Shannon noted that since the petitioner could not provide the required side yards, the abutting residential property owners would be unfairly burdened. At this point Wesley made a motion to recommend the denial of the request. Glass seconded the motion. Wesley stated that in his opinion it was clear that the proposed use was not the best possible use of the subject property. Wesley also noted that there did not appear to be any benefits for the Village to offset the various costs to the Village (installation of the water and sewer lines) . He continued by noting that the comments of the local citizens also affected his decision since the subject property was located between residential areas. Plan Commission Minutes - 2 - November 16, 1977 Docket 77-10: Piszczek (continued) Glass stated that he did not object to the establishment of commercial property on Devon; however, he did object to the proposed development because it was located between residential areas . Glass also noted that the recent information releesed concerning the possible use of the adjacent property for a Forest Preserve greatly detracted from the petitioner's agreement that the property across the street would be commercial . Cummins stated that the Village's Comprehensive Plan outlines the subject property as R-3, Residential District, and if the B-3, Automotive Orientated District zoning were permitted, it would be spot zoning. Petri agreed that if the rezoning was permitted, it would be an obvious case of spot zoning. At this point Shannon called for a vote. All present voted 'Aye' (to recommend denial of the request) . Docket 77-20: Text Amendment to Zoning Ordinance Ambulatory Surgical Treatment Center The petitioners (Elk Grove Village) were 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 paper. Hauser began the discussion by stating that he had gathered information concerning the availability of ambulance services in the immediate area. He noted that he was able to identify five ambulance services located near Elk Grove Village. Shannon noted Hauser's information and he suggested that he had serious doubts as to the ability of any ambulance to provide service within fifteen minutes, especially when the ambulance would have to travel from its own headquarters to the Ambulatory Surgical Clinic and then go to the specified hospital . Glass expressed concern that to his knowledge a need for the proposed Clinic was never established. Wesley noted Glass 's concern and he stated that during the Public Hearing the Commission was told that the Village could not exclude a use because it was not provided for in the Zoning Ordinance. Wesley noted that he was not convinced that the Village had to specify the use in the Zoning Ordinance. Wesley continued by stating that he did not want the Plan Commission to get involved in a moral issue over abortion. Wesley also noted that he did not believe that the approval of the Text Amendment would affect the litigation presently before the Village Board. Hauser stated that the Commission should concern itself with the legal aspects of the Ambulatory Surgical Treatment Centers . Shannon agreed with Hauser; however, he noted that he did know where to locate the legal material . Wesley stated that somewhere there was a body of law that dealt with the issue. Wesley continued by suggesting that if the Text Amendment were adopted then it would be implying that the current Zoning Ordinance did not cover the subject use. Hamilton asked if the Commission could make a recommendation making the proposed use completely prohibited in the Village. Hamilton noted that the State had changed the definition in their original regulations Plan Commission Minutes - 3 - November 16, 1977 Docket 77-20 - Ambulatory Surgical Treatment Center (continued) and therefore the Village should update their Zoning Ordinance and the Plan Commission should define and limit the proposed use accordingly. He continued by noting that the proposed use was useful in rural areas where no hospitals existed; however, in our situation the proposed use does not serve in the same capacity since there are several hospitals located in or near the Village. Hamilton continued by stating that the Village should allow the Ambulatory Surgical Treatment Centers but at the same time prohibit certain uses from being performed within the Centers. Wesley noted Hamilton's comments; however; he stated that it might be better for the Commission to say that there is no need for the proposed level of medical care instead of prohibiting certain uses . Hamilton requested that the Village Attorney gather legal informa- tion pertaining to the proposed use and submit it to the Commission. Shannon directed Finn to contact the Attorney and request that he obtain the pertinent information. Centex Industrial Park Unit No. 223 Shannon stated that the Engineering and Building Departments had reviewed and approved the plat. Cummins made a motion to recommend approval of Centex Industr.iial Park Unit No. 223. Hamilton seconded the motion. All present voted 'Aye' . Rohlwing Grove Unit I-A Shannon noted that the Engineering and Building Departments had approved the plat. However, there were several questions concerning the easements so Shannon requested that the Village Engineer attend the next meeting and explain the easements . Parkview Heights Subdivision Shannon noted that the Parkview Heights Subdivision had been reviewed and approved by the Building and Engineering Departments . Hamilton stated that he was not happy with the subdivision because it was in the flood plain and the property had very poor soil quality. Shannon requested that the Village Engineer and the petitioner attend the next Commission meeting and answer questions from the Commission. The meeting adjourned at 11 :40 p.m. Submi d by, Richard M. Finn Administrative Assistant RMF:ms (11-29-77)