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Home My WebLink AboutPLAN COMMISSION - 03/07/1990 - PARK AND SHOP REZONING MINUTES PLAN COMMISSION MARCH 7 , 1990 Members Present: John R. Glass, Chairman Fred Geinosky, Secretary David Paliganoff George Mullen Charles Henrici Thomas Parker John Meyers Members Absent: Patton Feichter Paul Ayers Staff Present: Raymond R. Rummel Administrative Assistant Alan Boffice Director Engineering and Community Development Chairman Glass called the meeting to order at 8 : 05 p.m. NEW BUSINESS None OLD BUSINESS Item A. ELK GROVE PARK AND SHOP - REZONING FROM B-1 to B-3 The petitioner, Willis Nieman, and his attorney, Charles Byrum, brought the Plan Commission up-to-date on the parking plan. Mr. Nieman said that no practical parking problems exist because the parking lot is only 60% utilized during the busiest times. A parking arrangement does exist with the bowling alley; however, the bowling j alley parking was not included in the plan since the bowling alley is a separate subdivided lot. Chairman Glass inquired into the striping plan that was submitted. The Director of Engineering and Community Development reported that B-1 zoning requires four square feet of asphalt for each square foot of building; no specific number of parking stalls are required; and, if some of the green areas in the lot are paved, the property will meet the technical requirements for parking. If the shopping center were zoned B-2 rather than B-1, about 401 i I I i -2- parking spaces would be required. The parking plan meets that requirement as well. Director Boffice then gave a brief history of the bowling alley' s parking requirements. The bowling alley is a legal, non-conforming use because it does not have enough parking spaces under the zoning code. In 1968, the Plan Commission examined the problem and froze the number of parking spaces in the Park and Shop and bowling alley at 532 . Boffice believes that a minimum of 532 spaces can be met; however, the striping plan may again have to be amended. Commissioner Henrici inquired into the amount of property that will be sold to Shell. Nieman reported that . 38 of an acre is to be sold. Commissioner Paliganoff asked if Shell could purchase an additional five feet in the event that IDOT takes five additional feet of right-of-way in order to expand Arlington Heights Road. After examining the plan, it appeared as though five additional feet could be sold; however, Nieman reported that he did not want to sell five additional feet. After examining the plans for the widening of Arlington Heights Road, it was found that the curb will be ten feet from the Shell parking area so ten feet of landscaping will still be present. The car wash will not have to be moved five additional feet. i Commissioner Mullen moved and Commissioner Henrici seconded a motion to approve recommending the rezoning based upon Shell' s revised site plan, and staff ' s approval of such; staff verifying that the parking on the remaining property is in compliance with the Village' s Zoning Ordinance; and, that a statement of commitment to construct a public sidewalk along Arlington Heights Road be submitted by Shell. Upon voice vote, Glass, Geinosky, Paliganoff, Mullen, Henrici, and Parker voted AYE; Meyers voted NAY; Ayers and Feichter Absent. Motion passed 6-1 . Commissioner Meyers, for the record, voted NAY on the basis that the Shell property should be moved five additional feet to ensure that the new landscaping will not be torn out and moved upon the widening of Arlington Heights Road. The meeting recessed at 9 : 15 p.m. and the meeting ; reconvened at 9: 25 p.m. 0 -3- i Item B. FAIRWAY PROPERTIES REQUEST TO REZONE TWO LOTS FROM B-1 to B-3 AND A TEXT' AMENDMENT' TO SECTION 5. 62E OF THE ZONING ORDINANCE. Gary Parrin, the Assistant Village Manager, gave a presentation to the Plan Commissioners regarding comments made at the public hearing. First, Parrin stated that Village staff does not approve, deny, or support requests for rezoning or Text Amendments. These are policy issues on which the Plan Commission and Village Board must decide. Second, Parrin addressed the issue of the SBL Annexation Agreement. In March 1988, a request was received by SBL to amend the annexation agreement in order to rezone property for the purposes of constructing a car wash. In April, the Village Board, sitting as a Committee of the Whole, considered the request and decided to deny SBL the opportunity to amend the annexation agreement. The Village Board reached this decision on the basis that rezoning by agreement circumvents the Zoning Ordinance and by-passes zoning standards. At that time, SBL was free to pursue the rezoning through the hardships processes of the zoning ordinance. ! When Tom Walter inquired into rezoning his parcel, he was informed that the Village Board is not receptive to rezoning by amending the annexation agreement: Tom Walter, instead, petitioned for a rezoning on 'the basis of hardship and is going through the public hearing process before the Plan Commission which is the proper forum for these types of requests . i Jeffrey Greenspan, the attorney representing the r petitioner, discussed an amendment to the proposed Text Amendment. The Text Amendment, with the word "commercial" added to it, would allow B-3 Conditional Uses in both commercial and industrial areas. In addition, no other B-3 properties exist along Nerge Road, east of Rohlwing Road; therefore, the Text Amendment would not be granting Conditional Uses to any other properties. In the future, other properties could be zoned B-3 Conditional Use but the property owners would have to come before the Plan Commission, through the public hearing process, and be heard on a case by case basis. Commissioner Mullen asked why both parcels have to be rezoned B-3 if only the vacant lot will need that- zoning classification. Greenspan stated that the first lot will be rezoned to avoid spot zoning. In addition, a transition from B-2 to a more intense B-3 use and a higher intense B-3 Conditional Use will occur. A gradient in zoning intensity I • -4- • i is more desirable than one lot surrounded by a universe of differently zoned property. Tom Walter added that he is planning on keeping the Tasty Dawg restaurant on that location for a long period of time, and he is even planning for an addition to the restaurant. Chairman Glass asked if the sale of the vacant parcel was contingent upon the rezoning. Walter replied that rezoning was one of the conditions of the sale. Chairman Glass then asked Director Boffice for his opinion. Boffice replied that the Plan Commission should review whether the wording "separated by residentially zoned property" needed to be in the definition. The Plan Commission discussed the fact that each rezoning- request would be heard on a case-by-case basis and concluded that the additional wording is not needed. Commissioner Mullen asked if the restaurant lot needed to be rezoned. Greenspan replied that it did not. Chairman Glass stated that you have to balance several issues when making that decision: First,- if the property is rezoned, a more intense use could come on the site in the future. On the other hand, there are no single B-3 zoned lots in the interior of a block in the Village. All single B-3 zoned lots are corner lots, and changing that may create an adverse precedent. j Commissioner Henrici moved and Commissioner Parker seconded a motion to recommend the approval of the proposed Text Amendment adding to Section 5. 62E( 1 ) the words "and commercial" after the word industrial, and adding a section 5. 62E( 1 ) (G) Nerge Road, east of Rohlwing Road. Upon voice vote, all AYES. Commissioner Parker asked that two motions be made on the rezoning requests. Commissioner Henrici moved and Geinosky seconded a motion to recommend rezoning the restaurant parcel from B-2 j to B-3 . Upon voice vote, Glass, Geinosky, Paliganoff, Mullen, Henrici and Meyers voted AYE; Commissioner Parker voted NAY; Commissioners Ayers and Feichter were Absent. Motion carried - 6-1 . Commissioner Parker, for the record, voted against the rezoning of the restaurant parcel because he believed the i restaurant lot did not have to be rezoned. • -5- • Commissioner Henrici moved and Geinosky seconded a motion to recommend rezoning the vacant parcel from B-2 to B-3 . Upon voice vote, all AYES. CHAIRMAN' S REPORT Chairman Glass informed the Plan Commission that the public hearings scheduled for March 21, 1990 are cancelled. It was the consensus of the Plan Commission to hold the public hearings on March 28, 1990 rather than March 21, 1990 . Commissioner Paliganoff moved and Mullen seconded a motion to adjourn. Upon voice vote, all AYES. The meeting adjourned at 10:25 p.m. Respectfully submitted, Raymond R. Rummel Administrative Assistant rh C: Chairman & Members of Plan Commission, Village President, Board of Trustees, Village Clerk, Village Manager, Assistant Village. Manager, Administrative Assistant, Administrative Intern, Director of Engineering and Community Development, Director of Public Works, Fire Chief, Deputy Fire Chief, Village Attorney, Park District I i i i i I