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VILLAGE OF PALOS PARK
MINUTES OF PUBLIC HEARINGS & REGULAR MEETING
HELD BY THE PLAN COMMISSION
January 21, 2010
PUBLIC HEARING I
Chairman Jones called the Plan Commission
first public hearing to order at 7:31 p.m. Answering to the roll was:
Paul Petan, Julie Kay, Marty Strubin, Michael Sundermeier, Michael Wall
and Chairman Jones. John Basso was absent. Also present was Steve
Manning, Community Development Director, Bob Jungwirth, Village Engineer
of Christopher Burke Engineering and Sally Kinney, Secretary to the Plan
Commission.
Chairman Jones stated that the purpose of this meeting was to continue
the public hearing opened 11/19/09 regarding the request for a
subdivision of Shadow Ridge Subdivision Lot 17 into two lots, each over
an acre and a request for a variation to design standards for a lot
width or 85’ on this new Lot 17B. The Plan Commission had concerns about
the request and the petitioner brought back a modified plan.
LOT 17--SHADOW RIDGE SUBDIVISION
George Arnold, Attorney for J&B Builders, Sosin & Arnold, 11800 S. 75th
Avenue, Palos Heights stated that they were seeking approval of the
proposed plat of re-subdivision of Lot 17 in the Shadow Ridge
Subdivision. Changes had been made to address the concerns of the Plan
Commission. One change made was to straighten out the lot line between
17A and 17B. The previous side yard did not meet our ordinance and they
revised it and now it is in conformance. Another change, which the
Zoning Board is reviewing, is a smaller variance than last time but a
larger south side setback from the adjoining properties. The original
plan indicated 21.3’ but now they were seeking a 27’ setback. They
received a letter from Mr. Jim Klein, the neighbor to the south closest
to the side setback variance who reviewed the revised plan and now had
no objection.
A summary sheet of block averages of properties in the subdivision was
distributed. The average side yard setbacks for all lots are 26.81’ and
his proposed setback is 27’ so the request was over the average. The
average buildable area for the lots in the subdivision was 16,777 square
feet. The proposal with the variance would give a buildable area of
12,763.72 square feet, which was about 4,000 below average. This plan
was compatible with the subdivision. The intention of the lot owner was
that Lot 17B would never be improved with any type of dwelling. The
proposed language would state that no residential dwelling would be
constructed on Lot 17B and said language would be part of the recorded
plat. Language would be reviewed by the Village attorney and would
protect Lot 17B from being built on.
Chairman Jones stated that the only variance required is the Lot width
for 17B. The Zoning Board of Appeals would be addressing the side yard
setback variance. Mr. Wall questioned the creation of a non-buildable
lot within the Village of Palos Park and what that would do to the tax
base. If the Village permitted a subdivision, a separate tax
identification number could be obtained and then the owner may not pay
the property taxes. That parcel could be taken by the County and lessen
the Village tax base. Mr. Arnold responded that he did not think there
was any way to prohibit an owner from not paying the taxes on their
property. Mr. Wall asked why anyone would pay taxes on a non-buildable
lot. Mr. Arnold said that many people pay taxes on a vacant lot to be
able to control the benefits of open space. Mr. Wall stated that if the
County owned the property it would then be considered dead. In that
scenario the adjoining land owner benefits without every paying taxes on
it. Mr. Wall said he did not have a problem with the size of the setback
as there are other houses in the subdivision that have similar setbacks.
Mr. Wall said that the idea of creating a lot and land that is worthless
was troublesome.
Steve Manning stated that he spoke to the homeowners association about
acquiring this lot if approved and they did show some interest but has
not corresponded with the Village on this issue. Mr. Wall said that if
the homeowners association maintained the lot than the other homeowners
in the subdivision would be paying the taxes on 17B. Mr. Arnold said
currently the lot is vacant and unimproved. If the
County took the property over the Village may end up with the property
and it would probably kept for open space. Chairman Jones said that the
Village will get a large tax increase when a home was built on Lot 17A.
Chairman Jones said that he thought it was better to subdivide it, build
a home on 17A and get the taxes in lieu of leaving the whole parcel
vacant. He did not think the Village received much tax revenue from a
vacant lot.
Chairman Jones asked for a motion to adjourn the first public hearing at
7:49 p.m.: Micheal Sundermeier moved, seconded by Marty Strubin, Paul
Petan, Julie Kay, Michael Wall, and Chairman Jones.
REGULAR MEETING
Chairman Jones called the regular Plan Commission meeting to order at
7:50 p.m. Answering to the roll call were: Paul Petan, Julie Kay, Martin
Strubin, Michael Sundermeier, and Michael Wall.
APPROVAL OF MINUTES
Minutes Julie Kay moved, seconded by Michael Sundermeier, to approve the
minutes of the November 19, 2009 public hearing and regular meeting.
Upon voice vote the motion carried unanimously.
The Plan Commission took the following action at the regular meeting
following the public hearing:
There being no further discussion, Chairman Jones asked for a motion to
approve the subdivision as shown and also the variance for the lot line
width for 17B. The motion contingent upon proper language being
addressed concerning 17B not being buildable and also the motion
approval was contingent upon the Zoning Board of Appeals approving the
side yard setback. Michael Sundermeier moved, seconded by Marty Strubin
to approve the motion as stated. Upon roll call vote, the motion carried
with 4 yes (Sundermeier, Strubin, Petan, and Chairman Jones) 2 no (Kay
and Wall).
The petitioner was asked to attend the Village Council meeting on
February 8, 2010.
**Regular meeting not adjourned**
PUBLIC HEARING II
Chairman Jones called the Plan Commission second public hearing to order
at 8:26 p.m. Answering to the roll call was: Paul Petan, Julie Kay,
Marty Strubin, Michael Sundermeier, Michael Wall. John Basso was absent.
Also present was Steven, Community Development Director and Sally
Kinney, Secretary to the Plan Commission.
The purpose of this public hearing was to consider two Code Amendments:
Zoning and Subdivision Application Fees and Public Hearing notices that
were discussed at the last public hearing in November.
Zoning and Subdivision Application Fees.
The Plan Commission discussed the need for a change in Code amending
Part Twelve, Title Six, Chapter 1262, Section 1262.09(a) to increase the
Zoning and Subdivision Application Fees. Chairman Jones said he agreed
that the fee should be increased to $300 plus $100 per acre depending on
the size of the project. Michael Wall asked that when someone comes in
to apply are the engineering fees and other professional services
reimbursed to the Village. Steve Manning said that they were to a
limited extent. Outside consultant fees are then billed to the
petitioner. The reason the Village was asking for an increase in the
application fee was to cover all other costs, such as: posting signs,
publishing notices and staff time involved in preparing information
packets for Plan Commission. Michael Wall stated that the Village should
do everything possible to pass on costs to the petitioner as related to
their project.
Chairman Jones said that he thought it would be too difficult for staff
to track every minute of their time and he thought this fee increase
made sense.
Public Hearing Notices
The Plan Commission discussed the need for a change in Code amending
Part Twelve, Title Six, Chapter 1262 adding a new subsection 1262.10(e)
Notices. Chairman Jones said that they wanted to make the Hearing Notice
procedure consistent. Currently, there were eight different ways to
notice adjacent property owners. What was being decided now was how many
feet from the petitioner’s property to that of adjacent properties
should the Village notify. In addition, should this notification also
include properties outside the Village? Steve Manning said the City of
Chicago notifies properties outside of the city. Palos Park lots are
large and Mr. Manning thought 350 feet would be the amount for proper
notification. Chairman Jones did not think it was necessary to notify
other towns. Michael Wall said he did not think it necessary to notify
other towns. Steve Manning said that the notification would be 350’ in
all directions. Julie Kay agreed.
Chairman Jones asked for a motion to adjourn the second public hearing.
Julie Kay moved, seconded by seconded by Paul Petan the motion passed
unanimously.
CONTINUE REGULAR MEETING
The Plan Commission took the following action at the regular meeting
following the public hearing: Michael Wall moved, seconded by Julie Kay
to approve the Zoning and Subdivision Application Code Amendment
Ordinance as written: On the call of the roll the motion carried with
six yes votes.
Steve Manning mentioned that the Village currently had no hearing notice
procedure in place for hearings for subdivisions. In some cases a
subdivision had a major impact on the neighborhood. Chairman Jones said
he realized the Code did not require public hearings for subdivision
requests but did not recall any issue with the procedure. Steve Manning
said that every other development proposal had to include a public
hearing except for subdivision cases. Chairman Jones stated that if
there weren't any variances to a subdivision request, surrounding
properties would not receive notification of a subdivision.
The Plan Commission took the following action at the regular meeting
following the public hearing: Julie Kay moved, seconded by Martin
Strubin to approve a 350’ notification, only notifying people within the
Village, and that subdivision petitions will require a public hearing.
Upon the call of the roll the motion carried with 6 yes votes.
CONCEPT REVIEW FOR CASTLES OF SHADOW LAKES—12424 Wolf Road, Palos Park
Steve Manning, Community Development Director explained that this was an
eight acre parcel on the west side of Wolf Road about 630’ south of
McCarthy Road. This land currently has three houses on it that are owned
by one individual who is renting them out. The proposal was to subdivide
and create one cul-de-sac and six single family lots, one acre each.
This was a concept review which was a provision in Code that gave the
petitioner the opportunity to hear the Plan Commission comments
informally. At a concept review, no comments are binding and no motions
can be taken.
Mr. Manning stated that he met with the petitioner to discuss Code
requirements and answer questions, and preliminary plans which have been
reviewed by Public Works, Building Department, and Bob Jungwirth,
Village Engineer, of Christopher Burke Engineering?
Phil Fornaro, Attorney for the applicant, Joe Abel, and Andrzej
Bednarczyk, planner, was in attendance. Mr. Bednarczyk discussed the
main concepts of the petition.
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Private
Street—Owner wanted to live in this private subdivision with a
private street for privacy and security with gatehouse and gate. He
felt these amenities would increase value of the subdivision. Roads
will be built to Village standards. The Plan Commission requested
more information surrounding the 2003 Ordinance prohibiting private
roads.
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Detention
Ponds—Discussion regarding how many wet bottom detention ponds,
could be placed in the subdivision and who would maintain them.
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Tree
Replacement—This site was heavily wooded and almost half of the
trees have been removed recently. There was discussion of a
conservation buffer around the subdivision and trees would be
planted.
Steve Manning said
the next phase of design will include the calculations for run off and
impacts on the neighbors. There was a meeting held already with the
neighbors to give them a chance to see the plan, flag the concerns of
the neighbors, and address the issues.
OLD BUSINESS
Mr. Manning stated that the Tree Ordinance is being drafted and may
be available in February 2010.
NEW BUSINESS--None
PUBLIC COMMENT--None
ADJOURNMENT
There being no further discussion, Julie Kay moved, seconded by Paul
Petan, to adjourn the regular meeting at 9:50 p.m. Upon voice vote, the
motion carried unanimously.
Minutes respectfully submitted,
_______________________
Sally A. Kinney
Secretary to the Plan Commission
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