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HomeMy Public PortalAbout09-20-22 Plan Commission Minutes Plan Commission Record of Minutes Date: September 20, 2022 Location: Village Hall CALL TO ORDER, PLEDGE, & ROLL CALL Chairman Kiefer called the Plan Commission meeting to order at 7:00 p.m. and led the pledge to the flag. ROLL CALL: Commissioners Heinen, Minnis, Seggebruch, Valerga, Womack and Chairman Kiefer were present. Commissioners Goins, Nicholson, and Renzi were absent. OTHERS PRESENT: Jonathan Proulx, Director of Planning APPROVAL OF MINUTES The Minutes of the Special Plan Commission held on August 16, 2022, were accepted as presented. PUBLIC COMMENTS No Public Comments. DEVELOPMENT REPORT Mr. Proulx provided an update on the following: Bronk Farm SSA, and reapproval of Springbank Unit 10 final plat. Chairman Kiefer asked about the Wild Horse Knoll case, since it was continued to the September 6th Plan Commission meeting. Mr. Proulx explained the applicant is still working on getting the Planning Department the plans that were request by the commission OLD BUSINESS 1944-091721.COA.SPR.SU 15009 S. ROUTE 59 HOUSE OF HARVEST TRACEY ABRAMS AND ZEENAT MOHAMMED Mr. Proulx stated the applicants are seeking to modify a previously approved site plan for the House of Harvest, a proposed group home for senior residents, located on the east side of Route 59, north of Lockport Street. The applicants previously received approval by the Village Board for a special use permit in order to establish a group care home for senior residents on the subject property (Ordinance 3490) and site plan approval for a plan that included a combined parking lot and shared access with the professional office building to the north. The applicant was unable to formalize the agreement for combined parking and shared access and now is proposing a modified site plan that with access and parking restricted to the subject site. Mr. Proulx reviewed the staff report dated September 16, 2022. Mr. Proulx concluded staff feels that the revised site plan can safely serve the site. However, given the nature of the change from the more ideal shared access and parking per the previously approved plan, staff felt it is appropriate to allow the Plan Commission to consider the revised plan. Staff recommends approval. Chairman Kiefer swore in Scott Shalvis, architect. Mr. Shalvis stated that after working with the neighbors for 6 months to try and reach a cross access agreement, the neighbors have decided they do not want to enter into an agreement with the applicant. Chairman Kiefer asked for public comments, there was no response. Chairman Kiefer read an email from Commissioner Renzi with his comments & concerns on this case (attached). Mr. Shalvis addressed the concern regarding reduction of parking, which was reduced after the Plan Commission Minutes September 20, 2022 Page 2 of 3 Fire Department review. Chairman Kiefer asked if the full access point still exists on the property to the north. Mr. Shalvis confirmed. Commissioner Heinen struggles with the access into the site since it is a single-family driveway for a commercial use, and he feels that they will be setting a precedent. Commissioner Heinen added he would like more information regarding why the owner to the north has decided not to move forward with the shared access agreement and hopes that the Village could help facilitate an agreement. Mr. Shalvis explained the applicant offered to take on all expenses for improvements and it is his understanding the owners attorney advised them not to move forward with an agreement. Mr. Proulx explained that he asked for an emergency access easement and the owners did not want to provide that either. Commissioner Heinen asked if the owner to the north is meeting all code compliances and if the Village can require the neighbor to allow the access. Chairman Kiefer stated he feels that the commission is in no position to enforce anything upon the adjacent property owner to the north. Commission Heinen understands the Chairman’s point and explained why he feels the existing access does not work for the proposed commercial use. Commissioner Minnis struggles with the access as well but feels there is an ability to make this work because the traffic impact is low for the use. Commissioner Minnis asked if there was alternate discussion with the adjacent owners regarding the relocation of the trash enclosure. Mr. Shalvis indicated the owners did not want to lose the three parking spaces and the applicant even offered a shared parking agreement on their property. Commissioner Minnis asked it there will be two to three cars onsite at a time. Mr. Shalvis confirmed. Commissioner Minnis suggested adding a mirror on a post on the northeast corner in the parking lot to help drivers see if there is a vehicle coming. Commissioner Minnis also suggested having some fencing on the walkway near the driveway and speed bumps. Mr. Shalvis stated that they do not take issue with adding a vision mirror. Chairman Kiefer feels directional signage on the property will help as well. Commissioner Heinen stated if IDOT had to review this, they would not approve this plan. Commissioner Seggebruch asked if there is a fence on the north property line. Chairman Kiefer asked who owns the fence. Mr. Shalvis stated he believes it is on the applicant’s property. Commissioner Seggebruch implied that the neighbor’s driveway encroaches onto the applicant’s property and the Village would have a right to approach the neighbor to have them correct the encroachment or work with the applicant to come to agreement for shared access. Commissioner Seggebruch suggested the Village change their ordinance to not allow dumpsters for BTD zoned properties. Commissioner Seggebruch stated he will support this amendment. Commissioner Valerga stated this plan is not ideal, but they meet the requirements of the Fire Department. Commissioner Valerga also stated we should not impose on neighbors to suit other’s needs. Commissioner Womack asked if the applicant owns the property and if there is a building permit. Mr. Shalvis stated the applicant owns the property and building permits have been applied for. Commissioner Womack asked what will be completed first for the renovation. Mr. Shalvis explained the renovation schedule. Commissioner Womack asked if it was a single-family resident before they took ownership. Mr. Shalvis believes it was multi-family. Commissioner Womack agrees that the parking is not a great option. Commissioner Womack asked if we know the curb cut dimension between to the two properties and feels that people will be using both driveways. Mr. Proulx stated the estimate curb cut is over 10 feet on this property and combined with the neighbor it is over 30 feet. Commissioner Womack believes having a trash and recycle bin at the curb at the applicant’s driveway will make accessing the site worse on trash day. Commissioner Womack also feels like this is not a great solution because on paper this access does not Plan Commission Minutes September 20, 2022 Page 3 of 3 work, he feels this is very difficult, he would like signage to help. Commissioner Womack is finding this difficult to support. Commissioner Heinen added this is one of the busiest stretches along Route 59 and there will be cars waiting on Route 59 for vehicles waiting to turn and this why he is requesting the Village to get involved to help get the access agreement completed. Commissioner Seggebruch suggested they expand the drive to 15 feet of pavement and feels this should be a right-in & right-out. Commissioner Minnis asked if they would be willing to move forward if it was right turn only to exit the property. Mr. Shalvis feels the applicant will not have a problem with that. Commissioner Valerga made a motion to recommend approval of the revised site plan review for the group care home commonly known as House of Harvest LLC., and located at 15009 S. Route 59, subject to the stipulations in the staff report. Second by Commissioner Womack. Vote by roll call: Heinen, no; Minnis, yes; Seggebruch, no; Valerga, yes; Womack, no; and Kiefer, yes. Motion failed 3-3. NEW BUSINESS No New Business. DISCUSSION Mr. Proulx stated the Comprehensive Plan Kick-Off Meeting with the Village Board and Plan Commission will be Tuesday, November 1st at 6:00 p.m. Chairman Kiefer read the reminders. ADJOURN Plan Commission meeting adjourned at 7:58 p.m. Respectfully submitted by Tracey Erickson Tracey Erickson, Recording Secretary From: To: Cc: Subject: Date: Importance: John Renzi Tracey Erickson; Jonathan Proulx Rich Kiefer Plan Commission on Tuesday, September 20, 2022 at 7:00 PM CDT <- issue : COVID 19 Monday, September 19, 2022 9:49:31 AM High ISSUE: It is rare, but quite possibly this would have dire effects: Vehicle from North seeking to enter site while vehicle from site seeking to go South. Due to traffic flow, exit from site is delayed (could also be impossible depending on time of day). Vehicle seeking entry will then sit in left lane with blinder on indefinitely and cause back-up through light at 126. As this can be common during “rush hours,” it is possible to further exacerbate a bad situation and lead to a virtual traffic standstill. SUGGEST: Right-in and Right-out as solution to avoid any vehicle needed to “cross” traffic. Also, as there is only 1 lane, signage of yield and right-of-way should be placed on-site to allow differential egress into lot (when it does occur). Testimony should be given by applicant as to the reduced parking needs. This is needed to support staff’s conclusions. They wi.ll be under oath and give give their expert opinion, its basis, and concur that sufficient parking is available. With this should come from where they gained their insight and information to form the opinion. Thanks for reading my thoughts. If need be, this email can become part of record as well. Hopefully, they are useful and can be brought out at the meeting in my absence. Please let me know your thoughts. John Renzi Commissioner, Planning Commission