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					                                      MEETING

              PLAN COMMISSION/ZONING BOARD OF APPEALS

                            VILLAGE OF BURR RIDGE

                                     March 2, 2009


I.     ROLL CALL

The Regular Meeting of the Plan Commission/Zoning Board of Appeals was called to
order at 7:30 P.M. at the Village Hall, 7660 County Line Road, Burr Ridge, Illinois, by
Chairman Trzupek.

ROLL CALL was noted as follows:
PRESENT: 7 - Cronin, Franzese, Bolos, Manieri, Perri, Stratis, and Trzupek
ABSENT:       0 - None
Also present were Trustee Maureen Wott, Village Administrator Steve Stricker,
Community Development Director Doug Pollock, Village Planner Aaron Cook, and
Village Attorney Michael Marrs.

II.    APPROVAL OF PRIOR MEETING MINUTES

Commissioner Franzese asked for staff to clarify a statement he made regarding the Burr
Ridge Medical project.

A MOTION was made by Commissioner Franzese and SECONDED by Commissioner
Manieri to approve minutes of the February 2, 2009 Plan Commission meeting.

ROLL CALL VOTE was as follows:
AYES:     6 - Franzese, Manieri, Bolos, Perri, Stratis, and Trzupek
NAYS:     0 - None
ABSTAIN: 1 - Cronin
MOTION CARRIED by a vote of 6-0-1.

III.   PUBLIC HEARINGS

B.     V-01-2009; 8100 Ridgepointe Drive (Kuhlman); Variations and Findings of
       Fact

Mr. Cook introduced the hearing: The petitioner seeks a variation of the Zoning
Ordinance to reverse the front and corner side lot lines. Mr. Cook explained that the
Zoning Ordinance requires that the front yard for a corner lot is the narrower street
frontage and that the rear yard is opposite the front. Mr. Cook stated that for the
petitioner’s property, Lot 37 in Lake Ridge, the narrower street frontage is 81st Street.
Mr. Cook indicated that the petitioner seeks to use the subject property with Ridgepointe
03/02/2009 Regular Meeting
Plan Commission/Zoning Board
Page 2 of 9

Drive as the front yard. Mr. Cook stated that the rear yard would then be along the
western property line of the subject property, instead of the south property line. Mr.
Cook explained that if the variation is granted, the petitioner would also require a
variation to permit the existing structure to encroach into the newly defined required rear
yard setback by approximately 20 feet. Mr. Cook stated that the purpose for the request
is due to the petitioner’s intention to erect a new fence in the yard adjacent to the western
property line.

Chairman Trzupek asked if the petitioner was present.

Ms. Anne Kuhlman, 8100 Ridgepointe Drive, stated that she is available to answer any
questions.

Chairman Trzupek asked for questions from the audience and hearing or seeing none
asked for questions from the Plan Commission.

Commissioner Cronin asked where the fence would be located if the lot reversal variation
is granted. Ms. Anne Kuhlman, 8100 Ridgepointe Drive indicated that the fence would
be placed in what they consider their back yard which is to the west of the home.

A MOTION was made by Commissioner Franzese and SECONDED by Commissioner
Bolos to close the public hearing for V-01-2009.

ROLL CALL VOTE was as follows:
AYES:     7 - Franzese, Bolos, Cronin, Manieri, Perri, Stratis, and Trzupek
NAYS:     0 - None
MOTION CARRIED by a vote of 7-0.

A MOTION was made by Commissioner Franzese and SECONDED by Commissioner
Bolos to recommend approval of the requested variation from Section XIV to permit the
lot line adjacent to Ridgepointe Drive to be the front lot line and the west lot line to be
considered the rear lot line rather than the requirement that the front lot line be the more
narrow frontage of a corner lot (in this case 81st Street) and a variation from Section
VI.F.7.a(1) to permit the existing single-family residence to be setback approximately 30
feet from the newly defined rear yard setback rather than the required 50 feet for the
property commonly known as 8100 Ridgepointe Drive and to adopt the Findings of Fact.

ROLL CALL VOTE was as follows:
AYES:     7 - Franzese, Bolos, Cronin, Manieri, Perri, Stratis, and Trzupek
NAYS:     0 - None
MOTION CARRIED by a vote of 7-0.

A.     Z-01-2009; 6800 North Frontage Road (Burr Ridge Medical Center); Special
       Use and Findings of Fact - Continued from February 2, 2009

IV.    OTHER CONSIDERATIONS
03/02/2009 Regular Meeting
Plan Commission/Zoning Board
Page 3 of 9

A.     S-02-2009: 6800 North Frontage Road (Burr Ridge Medical Center); Sign
       Variations, Conditional Sign Approval, and Findings of Fact – Continued
       from February 2, 2009

Mr. Pollock introduced the hearing: The Plan Commission began the public hearing for
this petition at the February 2, 2009 meeting and continued the hearing to allow the
petitioner to respond to concerns expressed by the Commission. Mr. Pollock indicated
that the amended plans have been provided by the petitioner and that the petitioner is
seeking amendments to a previously approved special use and variation petition.

Chairman Trzupek asked if the petitioner was present.

Mr. Paul Brunsell, Erdman Corporation, stated that since the initial approval for the
project the anchor tenant, Loyola, signed on. Mr. Brunsell indicated that they had
concerns with the previous site plan and building design.

Mr. David Hoffman, Project Design Manager - Erdman Company, reviewed the changes
made to the plan from the prior meeting. Mr. Hoffman reviewed the primary concerns of
the Plan Commission at the last meeting and how they modified the plan to address those
concerns. Mr. Hoffman indicated that most of the concerns were addressed however they
had not proposed a wet pond as suggested by some Plan Commission members. Mr.
Hoffman indicated that their projects storage requirements would result in the pond being
up to the building foundation and would also result in a very deep pond. Mr. Hoffman
indicated that they have instead proposed a bio-swale.

Ms. Dianne Deacy, Loyola University Health System, indicated that they modified the
wall sign from a box sign to individual letters. Ms. Deacy indicated that the Loyola
shield has brand recognition so they have kept the shield which will be a box sign. Ms.
Deacy indicated that she believed the changes to the wall sign are a benefit to not only
the Village but also to their project. Ms. Deacy stated that the south elevation is critical
and provides visibility to the project and Loyola.

Mr. Bern Sheehan, 136 Shore Drive, stated that it was his intent from the beginning of
this project to bring a dedicated medical user to the Village of Burr Ridge. Mr. Sheehan
stated that they were thrilled to have Loyola as a partner.

Chairman Trzupek asked for questions from the audience and hearing or seeing none
asked for questions from the Plan Commission.

Commissioner Stratis stated that the site plan is a good one and that the bio-swale is a
positive addition to the project. Commissioner Stratis thanked the petitioner for making
the modifications suggested by the Plan Commission. Commissioner Stratis asked if the
petitioner proposed ground lighting as shown in the rendering. Mr. Hoffman stated that
they were not proposing the ground lighting. Commissioner Stratis indicated that he
would prefer the building to be illuminated in such a manner at night. Commissioner
Stratis asked about the construction schedule. Mr. Brunsell indicated that they plan to
break ground in August 2009 and complete the building at the end of 2010. Mr. Brunsell
03/02/2009 Regular Meeting
Plan Commission/Zoning Board
Page 4 of 9

indicated that they have financing for the project and have much of the project leased.
Mr. Brunsell added that as a company they build and own the office buildings for a long
period of time.

Commissioner Perri stated that his primary concerns were the signage which has been
resolved. Commissioner Perri stated that he would also prefer the external ground
illumination.

Commissioner Manieri thanked the petitioner for listening to the concerns of the Plan
Commission and for making changes. Commissioner Manieri stated that the building
looks much better and that the project will be great for Loyola and great for the village.
Commissioner Manieri agreed with the preference for the ground lighting.
Commissioner Manieri asked if the base of the ground sign will be brick and added that
he would prefer natural stone to match materials used in the building and site plan. Mr.
Hoffman stated that what is shown is red brick which is not found anywhere else in the
project and that they can change that to be natural stone.

Commissioner Bolos asked if the petitioner had considered the staff recommended halo
illumination for the wall sign. Mr. Brunsell stated that they reviewed halo illumination
however they believe with the speed of the passing vehicles the internally illuminated
individual letters would read better than halo illuminated letters.

Commissioner Franzese also thanked the petitioner for listening to the Plan Commission.
Commissioner Franzese complimented the petitioner for the materials distributed to
further explain the details of their project and the changes made. Commissioner Franzese
indicated that he is in favor of the ground lighting but added that there are several IDOT
light towers that cast a significant amount of light near the building.

Commissioner Cronin asked if there will be a pharmacy in the building. Ms. Deacy
indicated that there will be but that it is not a retail pharmacy open to the general public.
Commissioner Cronin asked if physical therapy will be provided. Mr. Deacy explained
the different type of rehabilitation and physical therapy that will be available at the site.
Commissioner Cronin stated that the sign package is good and asked if there will be an
issue with mid-afternoon sun shining into the building and offices. Mr. Hoffman
explained that most of the offices are to the interior of the building with limited exposure
to the atrium and any warming affects of the mid-afternoon sun. Commissioner Cronin
asked if there will be patients in the building 24 hours a day. Ms. Deacy stated that they
will have a sleep lab operating overnight.

Chairman Trzupek stated that the sign is good but that he agrees with the based being a
natural stone rather than the red brick. Chairman Trzupek asked about the sun screen
support. Mr. Hoffman stated that it will be steel supports with aluminum louvers.

A MOTION was made by Commissioner Manieri and SECONDED by Commissioner
Cronin to close the public hearing for Z-01-2009.

ROLL CALL VOTE was as follows:
03/02/2009 Regular Meeting
Plan Commission/Zoning Board
Page 5 of 9

AYES:    7 - Manieri, Cronin, Franzese, Bolos, Perri, Stratis, and Trzupek
NAYS:    0 - None
MOTION CARRIED by a vote of 7-0.

A MOTION was made by Commissioner Manieri and SECONDED by Commissioner
Franzese to recommend approval to seek an amendment to a previous special use
approval (Z-14-2007; Blackrock Medical) to permit revisions to the approved building
elevations and site plan for a medical office building with accessory retail within the LI
Light Industrial District, to seek a variation from Section X.E.5 to permit a new office
building to exceed 35 feet in height for the property commonly known as 6800 North
Frontage Road and to adopt the Findings of Fact subject to the following:
           1. The building and site plan shall substantially comply with the revised
               drawings submitted for Plan Commission review at the March 2, 2009
               meeting.
           2. There shall be external illumination of the building provided for the solid
               wall portions of the building. The illumination shall be provided by
               ground lights.
           3. There shall be a division of the bio-swale and the other part of the project
               in order to avoid unintended destruction of the bio-swale. The separation
               may be done by a stone divider.

ROLL CALL VOTE was as follows:
AYES:     7 - Manieri, Franzese, Cronin, Bolos, Perri, Stratis, and Trzupek
NAYS:     0 - None
MOTION CARRIED by a vote of 7-0.

A MOTION was made by Commissioner Manieri and SECONDED by Commissioner
Stratis to recommend approval of variations from Section 55.07.A.1 of the Sign Ordinance
to allow a total of 2 signs with a combined area of 228 square feet rather than the
maximum of 1 sign with a combined area of 108 square feet, a variation from Section
55.07.2(d) to permit two signs oriented toward the same street frontage, a variation from
Section 55.31.C of said Sign Ordinance to allow an internally illuminated sign to exceed
75 square feet in area, a conditional sign approval as per Section 55.07.B.1 of said Sign
Ordinance to allow a wall sign mounted higher than 20 feet above the surrounding grade
level, and a conditional sign approval as per Section 55.07.B.3 of said Sign Ordinance to
allow a ground sign with more than 3 colors. Requests review and approval of the final
plans for the retail outlot building as per Ordinance No. A-834-17-06 and to adopt the
Findings of Fact subject to the following:
             1. The wall and ground signs shall substantially comply with the revised
                drawings submitted for Plan Commission review at the March 2, 2009
                meeting.
             2. The base for the ground sign shall be made of natural stone which shall
                substantially match stone used in the proposed office building or stone used
                in the site improvement
             3. The text for the future tenant panel shall be limited to black letters only

ROLL CALL VOTE was as follows:
03/02/2009 Regular Meeting
Plan Commission/Zoning Board
Page 6 of 9

AYES:    7 - Manieri, Stratis, Cronin, Franzese, Bolos, Perri, and Trzupek
NAYS:    0 - None
MOTION CARRIED by a vote of 7-0.

III.   PUBLIC HEARINGS

C      Z-02-2009; Zoning Ordinance Amendments; Banks, Offices, and Retail
       Services in Business Districts

Mr. Cook introduced the hearing: As part of the Annual Zoning Ordinance review at
their February 2, 2009 regular meeting, the Plan Commission directed staff to schedule a
public hearing to discuss the issue of non-retail uses in Business Districts. Mr. Cook
stated that this issue was originally discussed in July 2008 when the Plan Commission
first considered a special use approval for a bank with a drive-thru window at 108 Burr
Ridge Parkway. Mr. Cook indicated that Fifth-Third Bank required special use approval
due to the drive-thru window as banks are a permitted use in the Business District. Mr.
Cook stated that the Plan Commission stated that it may be appropriate to re-categorize
banks as a special use in the Business District rather than a permitted use. Mr. Cook
added that this discussion expanded during the annual zoning ordinance review to include
medical offices, offices open to the public, and various retail service businesses.

Chairman Trzupek asked for questions from the audience.

Mr. Aris Halikias, 6404 Pine Crest, stated that placing more restrictions on businesses at
this time of economic downturn and when the Village is starving for tenants in retail
space is not wise. Mr. Halikias urged the Plan Commission to deny the recommendations
made by staff. Mr. Halikias stated that if the land uses under consideration could survive
in office spaces they would locate there since office space is cheaper. Mr. Halikias
indicated that these uses need the traffic generated by retail uses to survive. Mr. Halikias
stated that if the Plan Commission is willing to entertain the changes the Village should
consult with professionals on tenant mixes.

Mr. Scott Rolston, Opus North, stated that the Village Center project is governed by their
PUD so the proposed amendments may not directly impact their project. Mr. Rolston
indicated that his objective is to maintain long-term flexibility. Mr. Rolston stated that he
cannot predict the future but it is possible that medical offices in business districts will be
an option.

Commissioner Franzese stated that the Village Center project was to be retail in nature on
the ground floor.

Ms. Karen Rooney, Business Manager Burr Ridge Medical Clinic, stated that they have
their former building on South Frontage Road for sale. Ms. Rooney explained that they
had a serious purchaser lined-up for the building. Ms. Rooney indicated that they were
told by staff that on a retail use would be permitted in the building. Ms. Rooney
explained that during the public hearing process they went through several years ago
issues regarding the available parking were brought up. Ms. Rooney stated that she could
03/02/2009 Regular Meeting
Plan Commission/Zoning Board
Page 7 of 9

not understand how a retail use on the property could work and that an office use would
be better.

Ms. Claire Bitautas, NAI Hiffman, stated that she is the listing agent for the Burr Ridge
Vet Clinic. Ms. Bitautas indicated that the veterinary clinic had to leave because of
parking issues. Ms. Bitautas stated that if an office use in not permitted she is not sure
what other type of use would be possible.

Chairman Trzupek asked for questions from the Plan Commission.

Commissioner Stratis stated that he agrees with staff’s recommendations. Commissioner
Stratis indicated that he is sympathetic with the difficulties associated with the economic
times and the Burr Ridge Vet Clinic. Commissioner Stratis stated that the Plan
Commission is charged with making decisions not for the near-term along but rather
decisions for the long-term health of the community. Commissioner Stratis indicated that
zoning should not be changed to provide relief in difficult economic times.

Commissioner Perri agreed with Commissioner Stratis and added that the special use
process is not that onerous on petitioners.

Commissioner Manieri indicated that he believe the Village of Burr Ridge is behind the
times compared to other communities in limiting these types of land uses in business
districts. Commissioner Manieri stated his disagreement that a chiropractor would rely
on retail foot traffic. Commissioner Manieri stated that he agrees with staff’s
recommendation but that he would lean toward a prohibition on banks in business
districts. Commissioner Manieri referenced a Supreme Court ruling that upheld
Hinsdale’s limitation on banks. Commissioner Manieri stated that medical offices are
destinations and do not need retail traffic.

Commissioner Bolos agreed with the comments of the other Commissioner’s.
Commissioner Bolos added that the Plan Commission and the recommendations of staff
are not to try to eliminate buyers or occupants of buildings.

Commissioner Franzese stated that currently, Opus would need a special use to put a
dentist on the first floor but in County Line Square, it would be permitted. Commissioner
Franzese stated that if an amendment is passed a special use approval would be required
in both places. Commissioner Franzese stated that he is sympathetic to difficulties
associated with the economic times however, he agrees with the other commissioner’s
and staff’ recommendation.

Commissioner Cronin indicated that he was interested to hear the comments of
Commissioner Stratis given his background. Commissioner Cronin stated that he does
not believe that there is any bank-bashing taking place but that the overriding concern is
control of development within the Village. Commissioner Cronin stated that he would be
open and accommodating in getting new occupants in the Burr Ridge Vet Clinic example.
Commissioner Cronin indicated that he is supportive of the staff recommendations.
03/02/2009 Regular Meeting
Plan Commission/Zoning Board
Page 8 of 9

Chairman Trzupek indicated that he would not agree with prohibiting banks. Chairman
Trzupek added that the Plan Commission and the Village cannot drive the market either.
Chairman Trzupek stated that he agrees with the intent of the amendments but that he is
hesitant because the amendments may be an attempt to try to drive the market.

Commissioner Manieri stated that he sympathizes with the Burr Ridge Vet Clinic.
Commissioner Manieri added that he also agrees with making medical and other offices
open to the public special uses. Commissioner Manieri explained that once banks are in a
space, that space is not returned for retail use. Commissioner Manieri indicated that retail
uses turn-over but bank uses do not. Commissioner Manieri stated that at one time, a
bank that is in County Line Square was once a pharmacy. Commissioner Manieri stated
that the bank is unlikely to leave and that space be returned to a retail use.

Chairman Trzupek stated that the bank did not kick out the pharmacy and that the market
dictated that the pharmacy leave that space.

Commissioner Manieri stated that Burr Ridge is not underserved by banks and his point
is that once a bank moves in it does not move out. Commissioner Manieri stated that
those spaces are not returned to market for other uses.

Mr. Halikias stated that re-classifying the land uses to special use is the same as
prohibiting them. Commissioner Bolos asked why Mr. Halikias used “prohibit”
describing the proposed amendment. Commissioner Bolos reiterated that the proposed
amendment is to reclassify the land uses as a special use which is not a prohibition. Mr.
Halikias stated that he is saying the land uses will be prohibited based upon the reaction
of perspective tenants when they learn that a special use approval is required. Mr.
Halikias indicated that perspective tenants will perceive a special use approval process as
time consuming and very restrictive.

Chairman Trzupek stated that he professionally has worked on many bank projects but
had not heard from any bank that a special use approval is an issue. Mr. Halikias said
that may be the case but that the other land uses included in the proposed amendment
may not be as prepared for the process as banks.

Commissioner Franzese stated that he would not be happy if a dentist office were to open
in a ground level storefront in the Village Center.

Commissioner Manieri reiterated his position that he would prefer a prohibition on banks
in the Business Districts.

Commissioner Stratis stated that there will be fewer banks with the consolidation of
many banks. Mr. Halikias indicated that Illinois is has the second highest potential for
bank failures in the country. Mr. Halikias stated that the days of new banks in new
locations are over.

Commissioner Manieri stated that he would hate to have County Line Square become a
medical office building or center.
03/02/2009 Regular Meeting
Plan Commission/Zoning Board
Page 9 of 9


A MOTION was made by Commissioner Bolos and SECONDED by Commissioner
Manieri to continue the public hearing for Z-02-2009 to the March 16, 2009 Plan
Commission meeting.

ROLL CALL VOTE was as follows:
AYES:     7 - Bolos, Manieri, Cronin, Franzese, Perri, Stratis, and Trzupek
NAYS:     0 - None
MOTION CARRIED by a vote of 7-0.

IV.        ADJOURNMENT

A MOTION was made by Commissioner Bolos and SECONDED by Commissioner
Cronin to ADJOURN the meeting at 10:05 p.m. ALL MEMBERS VOTING AYE, the
meeting was adjourned at 10:05 p.m.

Respectfully Submitted:


Aaron N. Cook, AICP                                           March 5, 2009

				
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