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HomeMy WebLinkAboutPLAN COMMISSION - 06/06/1974 - HIGGINS IND PARK/SPECIAL USE FUNERAL HOME Minutes Elk Grove Village Plan Commission June 6, 1974 The regular meeting of the Elk Grove Plan Commission was called to order by Chairman McGrenera at 8:09 P.M. on Thursday, June 6, 1974 in the Council Chamber of the Municipal Building, 901 Wellington Avenue. MEMBERS PRESENT: Richard Mc Grenera Thomas Hamilton Joseph Cimino Edward Hauser Marcus Grice Mead Killion William Wesley STAFF PRESENT: Thomas Rettenbacher, Building Commissioner Robert Franz, Assistant Village Manager NEW BUSINESS Item'1 :B '= Higgins Industrial Park Unit #152 This plat was approved by the Village Engineer and is not located in the flood plain. It was moved by Killion, seconded by Grice, that the plat be approved. All members present voted 'Aye' . UNFINISHED BUSINESS Item 3.F - Maioriello Rezoning - Special Use for Funeral Home Chairman McGrenera introduced Richard Dowdle, Attorney at Law, representing residents opposed to the subject petition, who requested to respond to testimony given by the petitioner at the May 2 Public Hearing on this matter. Mr. Dowdle stated that the 1967 Comprehensive Plan adopted by the Village indicated that with the exception of small clusters of commercial zoning, the area east of Arlington Heights Road and-,-west of Tonne was zoned residential . He said that the Courts have generally upheld the right of municipalities to rezone when such a change in zoning is for the common good. He cited five items which must be examined when considering a rezoning: 1 ) character of the surrounding neighborhood, 2) suitability of that particular parcel , 3) effect on the surrounding property, 4) existing uses of nearby property, and 5) relative gain to public compared to hardship imposed on owner. Mr. Dowdle stated that in examining the transcript ,he failed to see where the petitioner had supported his rezoning request relative to the foregoing. Furthermore, that the petitioner had presented in his testimony that the proposed location was good because he couldn't afford commercial property. Mr. Dowdle contended that it is not the purpose of zoning to subsidize businessmen in their chosen profession. The Attorney concluded his remarks by stating that the petitioner had failed `to produce any evidence that this request if granted would not be spot zoning. A petition containing approximately 300 signatures opposing rezoning the property was then submitted. The Attorney for the petitioner, Joseph Moschetti , then rebutted remarks made by Mr. Dowdle. He stated that Arlington Heights Road by nature of its size lends itself to this proposed use. It is a four lane thoroughfare with business located at both ends. Mr. Moschetti questioned the legitimacy of some of the petitions submitted stating that some people had signed who did not know what they were signing nor the exact location of the proposed funeral home. He concluded by suggesting that the proposed use would greatly enhance the public good by providing this area with a much needed service. Leah Cummins arrived at the meeting at 8:58 P.M. Discussion by Commission members ensued with the following comments and observations made: 1 ) Should the request be approved, considerable study should be made of the buffer area along the east side of the property. 2) This rezoning request could/should not be examined as an isolated issue. A similar request for rezoning property at the northeast corner of Arlington Heights Road and Oakwood Drive was denied recently by the Village. However, it was further suggested that each parcel should be looked at and judged individually. 3) Consideration should be given to people who purchased their homes in the immediate area believing that only residential zoning would be allowed adjacent to them. 4) There is no guarantee that should the O-T zoning with a special use be granted that a funeral home would necessarily be developed in that other uses are allowed under this zoning. 5) Other locations exist for such a faciliM. 6) Perhaps in order to protect the balance of the area from possible commercial encroachment such a facility might be granted under an R-3 special use classification. People in attendance were then given an opportunity to be heard and approximately a dozen people voiced their objections to the proposal . The petitioner responded to objections raised by stating that he should be judged as a "family man proprietor"as opposed to aniloutside land specurlatorV Subsequent to all discussion, it was moved by Killion and seconded by Cummins that the petition be denied. Discussion of the motion followed in which Commissioner Killion stated that he would recommend approval of such a development under the following conditions: - R-3 Special Use zoning for the property. - Emphasis be placed on landscaping to protect adjacent properties. - Storm water system be such to eliminate any problems. - Only two viewing rooms be allowed. Commissioner Hamilton stated that he was opposed to the petition ,because it represented spot zoning. Commissioner Cimino countered that the site did not lend itself to residential single family zoning but did to the use proposed. Upon the roll being called on the motion to deny the petition, Hamilton, Grice, Wesley, Killion, Cummins and Hauser voted 'Aye' ; McGrenera and Cimino voted "Nay' . -2- - - --_ UNFINISHED BUSINESS Item 3.E - Centex Phase II - Revised Layout After a short recess the meeting was resumed in the Staff Conference Room at which time the Commission reviewed a Final Site Plan for Centex North Stage II located along Landmeier Road. The preliminary plan had- been approved in April 1974 and approval of the Final Plan had been delayed pending a correction of an easement on the Pla% of Survey. With that correction acknowledged, it was moved by Hamilton, seconded by Killion, that the Final Plan be approved where-upon all members present voted 'Aye' . SECTION 21 - Revisions to Final Plat The Assistant Village Manager requested the Commission to review revisions to certain lot lines on the Final Plat of Section 21 . These revisions had been requested by Centex in order for them to provide a more aesthetically pleasing arrangement of housing in that subdivision. A motion by Killion that the revisions be approved, died for a lack of a second. It was moved by Hamilton, seconded by Cimino, that the Final Plat not be approved due to insufficient time for staff review of the changes. Where-upon Hamilton, Cummins, Wesley, Cimino and Hauser voted 'Aye' , Killion voted 'Nay' and Grice abstained. After further discussion, it was moved by Wesley, seconded by Grice that the revised Final Plat, dated June 6, 1974, be approved subject to a review by the Building Commissioner. Where-upon Wesley, Grice, Cimino, Killion and Hauser voted "Aye' ; Hamilton and Cummins voted 'Nay' . Item 6 - Chairman's Report Chairman McGrenera advised members of the following: 1 ) The June 10 meeting with the Commission and Village Board has been cancelled and will be rescheduled at a later date. 2) A meeting with the Village Attorney, Centex's Attorney and Planner and the Commission has been scheduled for 8 P.M. , Friday, June 14, to discuss the R-5 zoning classification proposed for the Vale Tract. 3) The June 20 Plan Commission meeting will include a public hearing on a boundary rezoning of Finegan Subdivision Units 2 & 3. This will be followed by a discussion of the Flood Plain Ordinance developed and prepared by the Flood Control Committee. 4) Due t6 increased job responsibilities, Chairman McGrenera may have some difficulty in individually completing the tasks of the Chairmanship. Therefore, he has requested Commissioner Grice to serve as Temporary Assistant Chairman. The meeting was adjourned at 12:07 A.M. -3- Submitted by: Rob D. Franz Assistant Village Manag (June 11 , 1974) c: Chairman & Members of Plan Commission, President & Board of Trustees, Village Clerk, Village Manager, Building Commissioner, Director of Public Works/Engineering, Chief of Police, Fire Chief, Director of Finance, and Director of Parks and Recreation. RDF-mw -4- Plan Commission (6/6/74)_