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HomeMy Public PortalAbout2009-12-01 PC Minutes Michael P. Collins PRESIDENT Michelle Gibas VILLAGE CLERK TRUSTEES Margie Bonuchi Paul Fay Larry Kachel Bill Lamb Garrett M. Peck James Racich VILLAGE OF PLAINFIELD PLAN COMMISSION MEETING RECORD OF MINUTES DATE: December 1, 2009 LOCATION: VILLAGE HALL Chairman Sobkoviak called the meeting of the Plan Commission to order at 7:00 p.m. ROLL CALL: Present: Commissioners O’Rourke, Sanders, Kiefer, Seggebruch, Chairman Sobkoviak; and Fire District Absent: Commissioners Renzi , Heinen, School, Park and Library Districts Also Present: Michael Garrigan - Village Planner, Jon Prou lx – Planner, and Merrilee Trotz – Secretary APPROVAL OF MINUTES: The November 3, 2009 minutes were approved with the amendment to the second paragraph on page 3 of no sprinklers and compartmentalized replacing departmentalized. DEVELOPMENT REPORT: None. OLD BUSINESS: None NEW BUSINESS: CASE NO: 1497-103009.AA.SU.PP.SPR HERITAGE WOODS Village Planner stated this is a public hearing. Notice was published, posted and mailed as required by statute. Village Planner stated this is a public hearing fo r annexation and special use for a 5.34 acre s ite located on Van Dyke Road just north of the Post Office and east of Cedarlake. The applicant is also asking for site plan review, preliminary and final plat approval. This applicant in 2008 applied for generally the same concept as a partnership with Gas City at Drauden and Route 126. That project fell through as Gas City did not proceed with their development an d this applicant was not able to proceed. Village Planner stated this site is contiguous, there are v illage utilities adjacent to the site and it is a logical extension of the municipal boundaries. Regarding the special use – Staff finds granting this special use for supportive living facility would not be injurious to the use and enjoyment of other properties nor diminish property values with the neighborhood. Also Staff finds the establishment of the special use for a supportive living facility will not impede the normal and orderly development and improvement of adjacent properties for uses permitted in the proposed zoning district. Regarding site plan review – this would be a three story st ructure of approximately 70,000 square feet. Village Planner summarized the phasing of this developmen t, architectural elevations, landscaping, trash enclosure, park ing and drive areas, sidewalks, stormwater and lighting. Village of Plainfield Plan Commission Minutes December 1, 2009 Page 2 of 9 Preliminary and final plat – the applicant pr oposes to subdivide the 5.34 acre out of the whole parcel to become a single-lot subdivision. Staff is suggests a favorabl e recommendation with the two standard stipulations as outlined in the staff report. Mr. Amann of Baxter and Woodman indicated the applicant is willing to work with both Baxter and Woodman and Will County in order to comply with both agencies regarding stormw ater management. They have a few minor issues that will be addressed by the engineer with preparation of the final plans. Chairman Sobkoviak sworn in Blair Minton, President of BMA Management. Mr. Minton stated they are the largest affordable assisted livi ng company in the United States today. They have 33 projects in the state of Illinois with facilities close to Plainfield in Bo lingbrook, Yorkville, Batavia, South Elgin and Ottawa. He indic ated they have 2 licenses in the state of Illinois – one is assisted living license which is for market rate assisted living and the other is a supportive living facility license for projects that are funde d and licensed with Healthcare and Family Services (HFS.) Anyone of any income can live in this facility. This is a 108 unit three story building, wood construction, totally sprinkled. Chairman Sobkoviak reminded the commissioners that the Plan Commission and Village Board essentially approved this building in a different location. Chairman Sobkoviak asked if th ere was anyone in the audience who cared to ask a question or make a comment. There was no response from the audience. Commissioner Sanders asked about the size diffe rence between the previous site that th is site. Mr. Minton said they are virtually the same between 4.5 and 5 acres. Commissioner O’Rourke asked about the previous sense of urgency. Mr. Minton said if the economy had not dropped they would have lost the license but because the economy dropped and financing became so tough the state loosened up and allowed us to get an extension on the license. Commissioner O’Rourke asked about the residential zoning. Village Planner said what is proposed is consistent with the proposed land use. Commissioner O’Rourke asked it this area was included in the Teng Plan in order to support the downtown businesses. Village Planner said this site in not within the Village’s 55 acres with the future Metra site but the TOD plan incorporated multi-family condominium/apartments. Commissioner O’Rourke suggested moving this project to the southern portion of the 20 acre parcel north of the post office rather than next to the residential. Village Planner stated the southern portion did not work for their proposed project. Mr. Minton indicated they would basically have the same driveway as Cedarlake across the road. Mr. Minton said McNaughton did not want to sell the southern piece. Commissioner O’Rourke asked if the existing utilities location had any play in the selection of this parcel. Mr. Minton said the utilities are certainly a pricing cost issue and McNaughton felt the southern portion was more valuable. Chairman Sobkoviak said the utilities on the Drauden Road property were ½ mile away. Mr. Minton said if Gas City worked with them – the utilities were not going to be a problem. Commissioner Seggebruch also questioned the zoning. Village Planner said they would make it R-3 but we can keep it R-1 with a special use. Also the balance of the property could be R-3 or R-1 PUD. Commissioner Seggebruch asked for a comparison to Cedarlake. Mr. Minton said Cedarlake is a totally independent life style while this project will have studio and bedroom units, with th ree meals plus snacks a day provided. The studio and one bedroom units have small kitchenettes but no cooking arrangemen ts. This facility has 24 hour CNA staff, full time activity staff, beauty/barber shop, and country store, lots of common areas, movie studios, and bus service. Village of Plainfield Plan Commission Minutes December 1, 2009 Page 3 of 9 Commissioner Seggebruch asked if the residents are allowed to have a car and if the majority of th e parking was for staff. Mr. Minton said the residents are allowed to drive but there are less than 3% of the residents having cars statewide. Mr. Minton said the majority of the parking is for staff and visitors. Chairman Sobkoviak said Cedarlake originally proposed 5 or 6 buildings. There are only 2 buildings there now. Originally they proposed to provide for the residents they have now to a total bed ridden full care facility. Commissioner Seggebruch asked if the two fac ilities would co-exist. Mr. Minton agreed. Commissioner Kiefer questioned the number of landscaping plants. Village Planner said they would work with the applicant and would recheck the number of plantings to see that it complies with the village ordinance. Commissioner O’Rourke asked why the need to split the detention pond. Mr. Amann said the pond is sized for a full 10 acres. Mr. Minton stated this was worked out with McNaughton and they have easements to develop the pond. Commissioner Seggebruch asked about maintenance in the future. Mr. Minton said they will maintain it until the other 5 acres are built out and at that point in time the maintenance cost will be shared. Commissioner O’Rourke asked about the phasing of the roads and sidewalks and how to insure this would be completed. Village Planner indicated this could be wo rked out in the annexation agreement with language to protect the Village regarding the infrastructure improvements or they could do a bond. Commissioner Seggebruch asked about the fire lane and the type of payment. Mr. Minton indicated it would be concrete not pavers. Chairman Sobkoviak stated the traffic committee would look for the applicant to widen the access point to match the Cedarlake access point and asked if this was acceptable to the applic ant. Mr. Minton said the intent would be not to widen the access point at this time as the traffic flow in and out of this site is about 75 cars per day over 24 hour period of time most of which is staff. Mr. Minton stated they would work with McNaughton to widen that at the time of development of the acreage around this site. Chairman Sobkoviak asked if the future stub street extensions were agreeable. Mr. Minton stated yes. Chairman Sobkoviak stated submittals regarding the type of lighting and type of fixt ures would be required prior to Village Board hearing. Mr. Minton agreed. Commissioner Seggebruch expressed concern with the stub street coming from Patriot Square. Village Planner stated the general plan was to leave it as a stub. It was suggested to leave it up to the Fire Department. Commissioner Sanders made a motion recommending approval of the annexation of the Heritage Woods Supportive Living Facility as a logical extension of the Village’s municipal boundaries. Commissioner Kiefer seconded the motion. Chairm an Sobkoviak called for a vote by roll call. Aye: O’Rourke, Sanders, Kiefer, Seggebruch, Chairman Sobkoviak Nay: None The motion is carried 5 :0 Commissioner Kiefer made a motion to adopt staff’s finding s of fact as the findings of fact of the Plan Commission and recommend approval of the Special Use for the Heritage Woods Supportive Living Facility located on Van Dyke Road subject to the following stipulations: 1. Compliance with the requirements of the Village Engineer. 2. Compliance with the requirements of the Plainfield Fire Protection District. Commissioner Seggebruch seconded the motion. Chairman Sobkoviak called for a vote by roll call. Aye: Sanders, Kiefer, Segg ebruch, Chairman Sobkoviak Nay: O’Rourke Village of Plainfield Plan Commission Minutes December 1, 2009 Page 4 of 9 Motion carried: 4-1 Commissioner Seggebruch made a motio n that the Plan Commission recomme nds approval of the Site Plan Review subject to the following stipulations: 1. Compliance with the requirements of the Village Engineer. 2. Compliance with the requirements of the Plainfield Fire Protection District. 3. There shall be a two-foot undulating berm or a two-foot grade drop within the front yard along Van Dyke Road. Commissioner Sanders seconded the motion. Chairman Sobkoviak called for a vote by roll call. Aye: Sanders, Kiefer, Segg ebruch, Chairman Sobkoviak Nay: O’Rourke Motion carried: 4-1 Commissioner Sanders made a motion the Plan Commission recommend approval of th e Preliminary Plat and Final Plat for the Heritage Woods Supportive Living Facility subject to the following stipulations: 1. Compliance with the requirements of the Village Engineer. 2. Compliance with the requirements of the Plainfield Fire Protection District. Commissioner Kiefer seconded the motion. Chairm an Sobkoviak called for a vote by roll call. Aye: Sanders, Kiefer, Segg ebruch, Chairman Sobkoviak Nay: O’Rourke Motion carried: 4-1 Time 7:45 p.m. CASE NO: 1494-102309.SU FORCE WRESTLING SPECIAL USE Planner Proulx stated this is a public hearing; appropriate notices have been published and posted in accordance with state statute and local or dinance. He summarized the staff re port. This is a request for special use permit to allow the operation of a wrestling club within an industrial building on Center Street next to the railroad tracks, between Lockport and Main Streets. The proposal is to operate a wrestling club within a portion of the building. The building is approximatel y 42,000 square feet and the wrestling club would use approximately 9,000 square feet of the total. The club has been in operation for some time. The adjacent land-use and zoning is a follows: to the north is the CN Ra ilroad ROW, to the east is the District 202 operations building; the south and west are single-family homes and to the west is the easterly limits of the East Side Historic District. Planner Proulx summarized the 2 findings of fact and stated the findings of both are favorable to the applicant. He reviewed the required parking, various uses of the building and current status of the local streets. Staff notes the use has been in operation for some time and based on information collected the wrestling use has not generated significant negative impacts to the neighborhood. This special use is c onducted entirely within an existing building and will have no imp act on the normal and orderly developm ent of adjacent properties as they are already developed. Planner Proulx stated informa tion received subsequent to preparing this report, Staff was contacted by property owners in the area outlining a handful of concerns or co nsiderations. Based on Plan Commissions discussion we may look to draft a third stipulation if there is support for the use to address these concerns. The issues are really related to the property owner and the operation of the building and less so to the special use. This is a discretionary approval and a good opportunity for the Plan Commission and ultimately the Village Board to look to see what stipulations might be appropriate to encourage or bring about compliance. Those issues include the parking lot which is currently gravel; the need for or lack of a landscape buffer that would provide for some sort of screening and transition between th is commercial use and the residence to the south and Village of Plainfield Plan Commission Minutes December 1, 2009 Page 5 of 9 potentially the west if there is some way of providing some landscaping along Center Street. There is some outdoor storage on the property that is not fenced or en closed area. Observation was made that the area lacks sidewalk improvements. There were some mature trees removed and the Village does have a tree replacement requirement. Staff has had discussions with the previous owner and now is having discussions with the current property owner. Staff would propose that we work to identif y a time line and a scope of improvements that the new owner is willing and able to make Staff feels the findings of fact have been made an d would be seeking a favorable recommendation for the special use request. Chairman Sobkoviak sworn in the pe titioner, Russ Wojciechowski. Mr. Wojciechowski said they are not a private club; th ey are a not-for-profit club supporting wrestling for kids from kindergarten through eighth grade. He said they are part of the IKWF which stands for Illinois Kids Wrestling Federation. There are 280 teams and over 2500 wr estlers in the state of Illinois. He indicated there is another club called the Plainfield Wrestling Club but felt there was a need for a second club given the growth of the town. They hoped to start out with 70 kids and ended up with 126. The following year they had 132 and last year they had 145 kids . Two years ago they started with a smaller space and split the club. He said they are the largest club in the state of Illinois with 163 registered wr estlers. They moved into this space 2 years ago and the owner and realtor indicated zoning was not an issue. They have developed their program in this space and made a number of improvements to the f acility. Parking has not been an issue – the most cars they have had is 30-35 at a given time. He is hoping for a favorable approval. Chairman Sobkoviak asked if anyone in th e audience wanted to ask any questions. Chairman Sobkoviak sworn in Michelle Kelly, 14907 Ba rtlett Ave. Ms. Kelly appreciated the recreation for the kids but expressed concerns with the parking. She said the building overall is having a negative impact on the neighborhood. She indicated there have been so many people parking on both sides of Amboy (a narrow street.) She said there is parking on both side of Ce nter Street also and there are no curbs and gutters or sidewalks. She said tonight there were 48 cars in the parking lot and 3 of those were double parked and no one was on Amboy or Center Street. Mr. Wojciechowsk said tonight is a heavy night as the wrestler cards are being handed out. There is a tournament on December 13 th and there was a mandatory parents meeting last night and tonight and tomorrow night as well. Ms. Kelly asked that when new uses come in that we be treated the same as other neighborhoods. Wal-Mart had to install a buffer, sidewalks and curbs and gutters. This may not all be appropriate for Center Street or this old building. She indicated there are 10 children th at have to walk to the middle school, there are no sidewalks and with the increased use of this building and increased traffic it is unsafe. Mr. Wojciechowski asked when the parking was a problem. Ms. Kelly said she has never seen the parking lot full during the day it has been evenings. Chairman Sobkoviak asked if anyone el se wanted to make a comment. There was no further response. He opened the meeting to comments from commissioners. Commissioner Sanders asked about the Ce ntral Area Plan. Planner Proulx said the Central Area Plan (CAP) will provide some safeguards. Planner Proulx stated there is another use in this building th at is not currently permitted. It is an assembly use and would require a special use as well. Staff believes some of the parking impact could be attributed to this separate use. Staff is working with this tenant. Commissioner Kiefer asked if these issues have been bro ught to the attention of the building owner. Planner Proulx indicated we would like to work with the owner to provide a reasonable time period to make those Village of Plainfield Plan Commission Minutes December 1, 2009 Page 6 of 9 improvements. He indicated the discussion was started with a previous owner. He gave an example of working with other properties in the past. Commissioner O’Rourke asked if the correct person was present. Planner Proulx said the property owner signed the application but the tenant is representing the applicant tonight. It would be the owner that would make the improvements. Further stating this is a discretionary approval which gives the village the ability to further stipulate the applicant could occupy the space provided the require d improvements are made within a certain period of time. Mr. Wojciechowski would also like to see the improvements as they have to keep the mats clean and germ free. Chairman Sobkoviak indicated paving would be a substantial cost to the owner. Commissioner Kiefer agreed with the residents comments. Commissioner O’Rourke asked how this came to the Villa ge. Planner Proulx indicated we had previously worked with the tenant but we did not find this locatio n for them. This is a not-for-profit group and we were trying to work with them. Chairman Sobkoviak sworn in Zaki Basalath, tenant of Unit 2 and they have been renting for almost 1 year. We are also a not-for-profit group and they were told by the owner and realtor they had proper zoning as well. They are in the process of submit ting special use application. They use about 5 or 6 parking spaces. Discussion was held on how businesses come into the village. Planner Proulx indicated we have a business license process. This system aids in avoiding zoning issues. Discussion was held regarding occupancy certificates. Commissioner Seggebruch indicated he was concerned abou t the different uses in th e building and whether or not there was adequate safety for the children. He in dicated he felt the building owner should be present so issues Commissioner Sanders asked if we could work in parallel paths regarding this special use for the tenant by adding a stipulation of 6 to 9 months and work with the owner to correct the situation. Planner Proulx agreed they can be done concurrently. Mr. Wojciechowski said it is a good location for them. Commissioner Seggebruch suggested tabling this tonight, working with both tenants together and try to get the building owner in to make it more comprehensive. Commissioner O’Rourke said there is no sense of urgency. Planner Proulx said they would look to bring this to a conclusion. Commissioner O’Rourke asked what would happen if planning did not recommend this and village board did not recommend. He said the ow ner could potentially end up with two vacant spaces. Commissioner Seggebruch asked for an analysis of the square footage of the entire building and each tenant space. Village Planner said he is working with the Islamic assembly. Commissioner O’Rourke asked if by tabling this could you work with the building owner on some of the neighbor’s concerns. Chairman Sobkoviak indicated this building has been there for maybe 80 years. Ms. Kelly said her neighborhood has changed and suggested the village look at the changes of the traffic, the number of pedestrians, and uses in the building. Commissioners discussed the need for the building owner to be present; possibility of continuing this case to get more information with the understanding that the applicant can continue his business until this is resolved. Staff would agree that based on a recommendation to continue this case and the public hearing to the December 15 th meeting, maybe the owner could be present and if not it could be continued again. Staff will keep Ms. Kelly informed if there is a change in the sche dule. Staff indicated the Bu ilding Official has been to this site and we will bring his perspective to the meeting as well. Village of Plainfield Plan Commission Minutes December 1, 2009 Page 7 of 9 Commissioner O’Rourke made a motion to continue case no. 1494-102309.SU to the December 15 th meeting. Seconded by Commissioner Kiefer. Vote by roll call. Aye: Seggebruch, Chairman Sobkoviak, O’Rourke, Sanders, Kiefer Nay: None Motion carried – 5-0. Time: 8:30 p.m. Chairman Sobkoviak called for a ten minute recess. CASE NO. 1498-111209.RZ.SU 15028 S. ILLINOIS ST. Planner Proulx stated this case requires a public hearin g both for the map amendment and the special use and that the appropriate notices have been posted and published in accordance with state statue. Planner Proulx summarized the staff report. The applicant proposes to convert the property from a residence to an antique shop and the Village Board did support the concept plan for this property. This project is located on the west side of Illinois Street north of Lockport directly north of Kelly’s Barber Shop and west of the Public Library. Staff feels all five required findings of the map amendm ent can be met based on the evidence presented in the staff report. Staff felt it was appropriate to limit the hours of operation to provide protection to the adjacent residences. Staff feels the two required findings fo r the special use are also favorable in that there would be no negative impact to adjacent properties and would not impede the trend of development. Planner Proulx stated this site would not be required to provide on-site parking as there is available on street parking as well as a public parking lot to the north of the library. Planner Proulx stated that since this is an existing structure staff did not require a formal site plan review application but we know that some changes are proposed and will be required. They propose a direct pedestrian access as well as providing an accessible path up from the sidewalk level. He said a landscaped buffer is required between commercial and residential uses. Staff feels the findings have been clearly demonstrated for both the map amendment and special use and have provided motions for the Plan Commission’s consideration in the event you concur w ith Staff’s request for a favorable recommendation. Chairman Sobkoviak sworn in Susan Bostanche, the applicant. Mrs. Bostanche said she was available to answer questions. Chairman Sobkoviak asked if anyone in the audience wanted to ask any questions. There was no response. Commissioners discussed the required 10 foot landscape buffer and possibility of switching the walkway away from the neighbor to the north and place it closer to th e commercial to the south th ereby leaving room for the buffering on the north. Mrs. Bostanche thought it was on the north to provide visible signage from Lockport Street. She indicated she did not have a problem with moving it and would talk with her architect. Another concern was handrails may be needed for the slope on the walkway and what materials would be used such as pavers. Commissioners discussed the possibility of limiting the hour s of operation due to the residential to the north, hours of the library and other stores in the downtown. It was suggested 9 a.m. to 9 p.m. in case there was some other business located at this location at a later date. Mrs. Bostanche indicated she is open noon to 5 p.m. seven days a week. Further concerns were stated regarding exterior sales or antique parties and keeping the backyard as a backyard and not an extension of the business. Mrs. Bostanche said she was thinking of turning the backyard into an English Garden and indicated she did not want to get into the food service business. Village of Plainfield Plan Commission Minutes December 1, 2009 Page 8 of 9 Planner Proulx indicated outdoor sales were not permit ted and. ordinance provides that all business, service and commercial activities must be conducted within completely enclosed buildings unless otherwise expressly allowed. Chairman Sobkoviak stated there were exceptions for sidewalk sales. Regarding site plan review Planner Proulx indicated this would be handled through the building permit as the modifications are not significant. There was concern about the usage of the garage and th e driveway. Mrs. Bostanche agreed the garage would be for storage and she would be parking in the driveway. Discussion was held regarding residential use and business usage in the BT zoned properties. Planner Proulx indicated there could be a home occupation and a residence in BT and residential usage is allowed in the B-5 District on the second floor with commer cial on the first floor. He stated th ere is no residential usage in B-3 or B-1 zoning districts. Chairman Sobkoviak stated stipulation number 3 was amended to be open for business not later than 9 p.m. nor open for business prior to 9 a.m. Commissioner Kiefer made a motion to adopt the findings of fact of staff as the findin gs of fact of the Plan Commission and, furthermore, move that we recommend approval of the requested map amendment (rezoning) of the property commonly known as 15028 S. Illinois Street from R-1 to BT. Seconded by Commissioner Sanders. Vote by roll call. Aye: O’Rourke, Sanders, Kiefer, Seggebruch, Chairman Sobkoviak Nay: None Discussion was held on whether to include the type of usage in the motion for the special use versus just retail use. Commissioner Sanders made a motion to adopt the findings of fact of staff as the findings of fact of the Plan Commission and, furthermore, move that we recommend approval of a special use to permit a retail use at 15028 S. Illinois Street in the BT, Business Transition zoning district, subject to the four (4) stipulations: 1. Compliance with the requirements of the Village Engineer. 2. Compliance with the requirements of the Plainfield Fire Protection District. 3. The retail use shall not be open for business prior to 9 a.m. and not later than 9 p.m. 4. A landscaping and/or fencing buffer is required along the north property line. Chairman Sobkoviak called for a vote by roll call. Aye: Kiefer, Seggebruch, O’Rourke, Sanders, Chairman Sobkoviak Nay: None Motion carried 5-0. Commissioner O’Rourke asked that they look at moving the walkway. DISCUSSION Commissioner O’Rourke asked if staff could look into so me way to prevent uses getting in without the proper zoning possibly a certificate of occupancy or license even if the fee is zero. Planner Proulx said the Fire Dept and Building Official are walking through the multi-tenant commercial buildings. Chairman Sobkoviak did not think Plainfield used the occupancy method. Commissioner Sanders mentioned it may not be in our ordinances regarding leasing and occupancy permits. Village of Plainfield Plan Commission Minutes December 1, 2009 Page 9 of 9 Commissioner Sanders asked if we had a good neighbor leasing ordinance that covers both residential and business. Planner Proulx said he was not familiar with that term but the Building Official and inspectors are happy to review a property and identify for the owners if there are any concerns. Commissioner Seggebruch said there was also an apartmen t license also. This could be a separate program from commercial occupancy certificates. Commissioner Kiefer asked if staff had investigated the be rm issue that came up in the Menards issue from the last meeting. Planner Proulx said he is still working on that. Chairman Sobkoviak adjourned the meeting at 9:18 pm. Respectfully submitted, ________________________ Merrilee Trotz Recording Secretary