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HomeMy Public PortalAbout2003-07-15 ZBA PC minutesVillage of Plainfield Planning Commission Record of Minutes Date: July 15, 2003 Location: Village Hall Chairman Sobkoviak called the meeting to order at 7:01pm. As the first case on the Zoning Board of Appeals agenda and the first case on the Planni ng Commission agenda were the same, both bodies were called to order simultaneously. Roll Call: Present: Commissioners Kachel, Henry, Gehrke, Manning, Racich, Sobkoviak Absent: Commissioner Schinderle, Park District, School Distr ict, Library District, Fire Protection District Minutes The minutes from the July 1, 2003 Plan Commission meeting as well as the February 18, 2003 and July 1, 2003 meetings of the Zoning Board of Appeals were accepted as presented. Old Business CAS E NO.: 1053 -060503.RZ/V RELOCATION OF FLANDER’S HOUSE Request: Rezoning/Variance Location: 509 W. Main Street Applicant: Krause Construction Commenced: 7:07pm Chairman Sobkoviak said there is some misinformation floating about in the newspapers regarding statements made about the original purpose of the Business Transition District designation during the last Planning Commission meeting. The purpose was not to “reduce plight”, but to allow some relief to properties that were not maintaining appropriate v alues under residential zoning. Chairman Sobkoviak then noted that at the last Plan Commission meeting it was agreed that moving this house is appropriate. Michael Hill gave the staff report. Chairman Sobkoviak asked Mr. Hill if this was, in fact, a bui ldable lot. A house could be built here in the same location, could it not? Mr. Hill said that it was. Commissioner Kachel said he worries that if the BTD designation is permitted, it will be setting a precedent. Chairman Sobkoviak disagreed, saying th at through the Zoning Board of Appeals each case is handled on its own merit. Precedent wouldn’t apply in this case. Commissioner Racich addressed Mr. Rouse, and verified whether at the last meeting, Mr. Rouse had said he was willing to compromise. Mr. Rouse said I wanted a stone wall built. Such a wall was deemed by the petitioner to be too costly. I want more buffering to be put in, and the house off the property line. They have said this is impossible. Chairman Sobkoviak asked Mr. Martin if he was still in agreement with staff’s recommendations. Mr. Martin said he was. However, since Mr. Rouse hasn’t compromised, I don’t intend on paying him the $3,000. Commissioner Racich expressed his belief that the strength of democracy lies in the protect ion of the individual; we have an interesting situation on our hands. Commissioner Kachel reiterated his concern that the Commission would be setting a precedent for BTD that it wasn’t designed for. Chairman Sobkoviak said that BTD still allows for resid ential use. It could be residential, commercial, or a combination of the two. Michael Radcliss , an attorney for some objectors to the project, addressed the Commission. You have been sent a letter of objection. There are neighbors here tonight that wou ld like to comment on this case. It is important to look at the nature of the surrounding uses. There is clearly no trend toward commercial or BTD uses in that area designated medium density. Regarding hardships, the Rouses’ have or will have invested $200,000 for a residential use. Locating a commercial use next door to them will impose upon them a significant difficulty. The neighbors present tonight will attest to the fact that the area is and always has been residential. This proposal essentially amounts to spot zoning and taking. Finally, there has been no agreement between the parties, contrary to staff’s suggestion that there has. Commissioner Manning asked Mr. Radcliss on what grounds he claimed that this amounts to “taking”. Mr. Radcliss sa id that the placement of the building in such close proximity to the Rouse property will impair the value of Mr. Rouse’s home. Commissioner Manning noted that this is speculation, that this argument has been before the Commission before, despite the lack of support for the claim. He pressed Mr. Radcliss to present whatever data he might have that could evidence this claim; without any, we are just hearing rhetoric. Mr. Radcliss said that if the Commission would not hear the neighbors who wish to speak an d who are present tonight, I will note as their representative that there was no agreement between the parties. Chairman Sobkoviak asked if there were any adjacent property owners. Michelle Kelly said she attended the meeting with staff. One issue at th e meeting was the moving of the parking lot. The petitioner also said that they would bring a new plan before the meeting; this was not done. Finally, the stone wall, and more generally, buffering, was not agreed upon. Commissioner Kachel said he thinks public comment can occur at any time, can it not? Chairman Sobkoviak said that the time for public input is not ongoing. There is a beginning and an end. The time for public comment on this case ended with the last meeting. We must abide by certain st andards of procedure. Commissioner Manning moved to recommend approval of a variance to reuce the required side yard setback from fifteen (15) feet to four (4) feet along the east lot line, a variance to reduce the required parking drive aisle width from twenty -six (26) feet to twenty -four (24) feet, a variance to reduce the required parking stall dimensions from 18.5’ x 9’ to 18’ x 9’, and a variance from the required fifteen (15) foot setback and ten (10) foot landscape buffer between a BTD and a residen tial area. Commissioner Gehrke seconded the motion. Chairman Sobkoviak called for a vote by roll call. Aye: Henry, Gehrke, Manning, Sobkoviak Nay: Kachel, Racich The motion is carried 4:2. Commissioner Manning moved to recommend approval of the request ed rezoning from R -1 to BTD for the property commonly known as 509 W. Main Steet. Commissioner Gehrke seconded the motion. Chairman Sobkoviak called for a vote by roll call. Aye: Henry, Gehrke, Manning, Sobkoviak Nay: Kachel, Racich The motion is carrie d 4:2. Chairman Sobkoviak thanked everyone involved for their diligence in handling the Flanders House case. Chairman Sobkoviak declared the Zoning Board of Appeals meeting adjourned at 7:50pm. The Plan Commission meeting remained open. New Business CASE NO.: 1045 -051903.FP TUTTLE ESTATES Request: Final Plat Location: 127 th Street, West of Rt. 30 Applicant: Wiseman Hughes Commenced: 7:55pm Michael Garrigan gave the staff report. Chairman Sobkoviak asked if a lot of water came from Tuttle after th is last rain. Steve Amann said there has been no word to that effect. There has been a lot of improvement on the site. Chairman Sobkoviak asked Mr. Amann if there were any engineering concerns. Mr. Amann said no, there are only a few minor issues. Lar ry Vopel, representative, said we’re ready to go with Unit 2. Chairman Sobkoviak asked Mr. Vopel if he had any objections to staff’s recommendations. Mr. Vopel said he did not. Chairman Sobkoviak opened the meeting up to public comment at this time. No comment was offered. Commissioner Henry asked if a Dormant Special Service Association had been established. Mr. Garrigan said that one had. Commissioner Henry moved to recommend approval of Unit II of Tuttle Estates subject to the following stipulatio ns: 1. Compliance with the requirements of the Village Engineer 2. Compliance with the requirements of the Plainfield Fire Protection District 3. Change the name of Palisade Parkway to Pavilion Parkway 4. Change the Final Plat Certificates as per the recommendations of staff Commissioner Kachel seconded the motion. Chairman Sobkoviak called for a vote by roll call. Aye: Kachel, Henry, Gehrke, Manning, Racich, Sobkoviak Nay: None The motion is carried 6:0. CASE NO.: 1054 -061103.FP MENARDS OF PLAINFIELD Request: Final Plat Location: Northwest corner of Rt. 59 at 135 th Street Applicant: Menards, Inc. Commenced: 8:01pm Valerie Hastings gave the staff report. Cliff Pixlar, representing Menards, said he had nothing to add. Commissioner Manning moved to recommend ap proval of the Final Subdivision Plat for Lots 8 & 9 of Menards of Plainfield 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. Lots 8 & 9 shall hereafter be referred to as Lots 16 & 17, respectively Commissioner Henry seconded the motion. Chairman Sobkoviak called for a vote by roll call. Aye: Kachel, Henry, Gehrke, Manning, Racich, Sobkoviak Nay: None The motion is carried 6:0. C ASE NO.: 1052 -060503.SU/SPR TUFFY MUFFLER Request: Special Use/Site Plan Review (Public Hearing) Location: Menards Outlot B -3 (Lot 12) Applicant: Touchstone Development Commenced: 8:06pm Stephanie Sheetz gave the staff report. Chairman Sobkoviak asked Steve Amann if there were any engineering issues. Mr. Amann said the only issue is the width of the entrance. Traffic analysis showed a need for a full access. Robert Vanderwood, developer for the project, spoke to the Commission. There is only one it em that we cannot comply with: having the bay doors closed. It will be far too hot to work in the garages with the doors closed. Our equipment will inaudible at distances over 100 feet. Chairman Sobkoviak said I appreciate staff’s concern for noise, b ut I don’t think this is a realistic condition. Some internal discussion took place regarding noise levels. Chairman Sobkoviak said future purchasers of Menards outlots would be aware that a muffler shop is there, and plan accordingly. Commissioner Mann ing asked Ms. Sheetz what would make her comfortable. Ms. Sheetz said knowing that it won’t be noisy would make her comfortable. Chairman Sobkoviak suggested striking the stipulation requiring the bay doors to be closed. Commissioner Henry asked if the photometrics were ok. Ms. Sheetz said they were. Commissioner Manning moved to recommend approval of the special use for an automotive service facility on Lot 12 of the Menards of Plainfield Subdivision, subject to the following stipulations, and in ac knowledgement of the Findings of Fact as amended by the Plan Commission. 1. No vehicle under repair shall be parked on the property longer than fourteen (14) days 2. All repair work shall be conducted within the building 3. No outdoor storage equipment is permitte d Commissioner Henry seconded the motion. Chairman Sobkoviak called for a vote by roll call. Aye: Kachel, Henry, Gehrke, Manning, Racich, Sobkoviak Nay: None The motion is carried 6:0. Commissioner Manning further moved to recommend approval of the sit e plan review for the subject property, conditioned on the following five (5) stipulations: 1. Compliance with the requirements of the Village Engineer 2. Compliance with the requirements of the Plainfield Fire Protection District 3. Executing a reciprocal ingress -egress easement, prior to obtaining final occupancy 4. All mechanical equipment shall be 100% visually screened 5. The parking lot light poles and fixtures must be brown and a maximum of 20’ in height Commissioner Henry seconded the motion. Chairman Sobkoviak called for a vote by roll call. Aye: Kachel, Henry, Gehrke, Manning, Racich, Sobkoviak Nay: None The motion is carried 6:0. Chairman Sobkoviak called for a 15 minute recess. CASE NO.: COUNTY CASE VERHEAGHE, ANDREW & LAURA Request: Map Amendment from R -3 to C -2 Location: 23128 Lincoln Highway (at Route 30 & Lily Cache Road) Applicant: Andrew & Laura Verheaghe Commenced: 8:45pm Stephanie Sheetz gave the staff report. The petitioners were not present. Chairman Sobkoviak said he agrees with staff’s co nclusion. Commissioner Henry asked if the petitioners plan to use the existing structure for their business. Ms. Sheetz said she didn’t know. Commissioner Kachel asked if this residence was annexed by Plainfield, would the rest of the residences surroun ding it be annexed as well? Ms. Sheetz said she didn’t know that they qualify for an involuntary annexation. Commissioner Manning asked why the petitioners refused the offer of annexation. Do we just send a letter of objection? We need to have someone there to present our arguments to the county. It is very important that we win this case. Would we have the opportunity to speak? Mr. Garrigan said he doesn’t know the county procedures, but he would look into it. A small discussion of Plainfield’s exp ansion plans took place. Commissioner Henry moved to recommend forwarding a letter of objection to Will County regarding the applicant’s request to rezone from R -3 to C -2 at 23128 Lincoln Highway. Commissioner Kachel seconded the motion. Chairman Sobkov iak called for a vote by roll call. Aye: Kachel, Henry, Gehrke, Manning, Racich, Sobkoviak Nay: None The motion is carried 6:0. Commissioner Henry asked Stephanie Sheetz about an upcoming seminar. Ms. Sheetz said to see her for more information. Comm issioner Kachel asked if the census takers have started yet. He was told they have. He said that maybe we could get them to take pictures of sidewalks as they go door to door. We could give them disposable cameras. Commissioner Manning asked whether th ere would be another discussion of the rules for public hearings. Mr. Garrigan said that there would probably be a discussion at the next meeting. Chairman Sobkoviak declared the meeting adjourned at 9:05pm. ________________ Respectfully submitted, Warren Lindsay Recording Secretary Karick & Associates, Inc.