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12/03/1984December 3, 1.984 The regular meeting of the Board of 'Trustees of the Village of Deerfield was called to order by the Mayor in the Council Chamber of the Village Hall on Mon- day, December 3, 1984 at 8:00 P.M. The Clerk celled the rol.l and announced the foll.owbig were Present: Bernard Forrest, Mayor Stephen 0. Jackson James L. Marovitz Cynthia J. Marty Edwin B. Seidman Vernon E. Swanson J. Robert York and that a quorum was present and. in attendance. Also present were Village Mana- ger Robert D. Franz and Village Attorney James K. Stucko. . Trustee Seidman moved, seconded by Trustee Jackson,to approve the minutes of the previous meeting with the following corrections: under AI'POI:N'l'MENTS, record the "vote of approval; under MORTTZ- HERTEL, last paragraph, last l.i.ne,add Trustee Seidman's name. Motion carried unanimously. MAYOR'S VETO MESSAGE Mayor Forrest read his statement vetoing VARIAT[ONS, 1438 WAUKEGAN RD. Ordinance No. 0 -84 -50 granting-variations KONSLER PROPERTY/ORDINANCE 0 -84 -50 for the property at 1438 Waukegan Road (Konsler property). His objections to the ordinance were: 1. Seven dwelling units are far too many for this .54 acre parcel. To grant this type density sets a bad precedent for other undeveloped properties throughout the community. 2. The provisions of the variation ordinance relating to emergency access along the south property line are unenforceable. Prohibiting "plantings, fences and other obstructions" will be difficult, if not impossible, to enforce. Requiring that the ".Lane and patios . be kept clear of snow accumulations" is impractical to say the least. In -the likely event that these requirements are not met, the Village or Fire Department will. have no recourse but to pursue compliance through the courts - costing both time and money. 3. Tho variations, if granted, would pose a threat to the health, safety and welfare of the residents who choose to live there. It is not in the best interests of anyone but the developer to grant these variations for a parcel. that simply can not support such an intense use. He added that he had no.objection to rezoning the property to R -5, General Residence District, but felt a maximum of five units should be allowed. Trustee Seidman stated that a letter recently received from the petitioner's attor- ney had pointed out that under the zoning ordinance it was possible for them to erect a 3- story /8 -unit building without yard variations. He asked Mrs. Barbara Ruffino, Planner, to comment regarding, this. Mrs. Ruffino stated that she had received a copy of the .Letter and the site plan showing a 3 -story building pad with a 25' front yard, 20' side yards, and 100' to 151' rear year.. No unit sizes had been given. She explained that unit size is a factor in determining permitted density: for every efficiency and 1- bedroom unit, 2,500 square feet of lot area is needed with increments of '500 square feet of area required for each additional bedroom. Another factor is parking, which is a function of the bedroom mix of units and can not be determined without knowledge of.the type of units. However, the yards are appropriate and the 3 -story building as indicated would be permissable. Trustee Seidman stated that he favored the originally approved 7- unit /1 -story building over a 3 -story building with possibly more units. Trustee Jackson,asked about 3 -story buildings. Mrs. Ruffino explained such were permissa b.le,if no high- er than thirty -five feet....feasible for a residential building. Trustee Marty asked whether the units in this 3 -story building would have to be efficiency and 1- bedroom units. Mrs. Ruffino replied that seven 2- bedroom, nine efficiency and l.- bedroom, and six 3- bedroom units would be possible if parking requirements could be met. Trustee York was still opposed to the density of the development and suggested, that the developer submit a new site plan. Trustee Seid- man commented that density was not a criterion if eight, perhaps nine, units could be built without variations. Trustee Marty wondered if a 3 -story building with 20' side yards would automatically have fire department approval. I � �j Mr. Robert Best, attorney for the petitioner, stated that the fire department had commented that they .primarily want access around all sides' of buildings. He add- ed that they would probably prefer the 3 -story building, but had found the 7- unit /1-story building acceptable, with provisions for a fire .lane and patios on its south side. . Trustee Marty asked Mr. Best how the petitioner proposed enforcing the "no hedges, no snow" requirements of the fire department. Mr. Best replied that: 1) There will be a fire lane easement and the ordinance requires that the Village Attorney must approve the documents creating that fire lane easement, 2) When the condo- minium is created, there will.be a Home Owner's Association responsible for keep- ing the easement open. Its Board will. enforce it among the neighbors, and each owner will have a common interest in keeping it clear. The Village also has the right to enforce it. Mayor Forrest stated that he was still very concerned about health, safety, and welfare. "While there is recourse to legal action, in case of an emergency, there is no time for that ". Thereafter, Trustee Seidman moved, seconded by Trustee York, to overide the Mayor's veto of Ordinance No. 0- 84 -50. Motion carried on the following vote: AYES: Jackson, Marovitz, Seidman, Swanson (4) NAYS: Marty, York (2) FENCE HEIGHT MODIFICATION A public hearing was held on November 13, 633 WAUKEGAN RD. (LEVY) 1984 by the Board of Zoning Appeals to con - BZA REP. /RECOMMENDATION sider the petition of Mr. and Mrs. Alexander Levy, 633'Waukegan Road, for a fence modifi- cation to permit erection of a. six -foot fence in lieu of the three -foot maximum allowed. The BZA recommended, on a vote of 4 -0, to allow the placement of a six - foot fence two feet in from the sidewalk with the frame structure of the fence facing the interior side of the lot. Trustee Marty moved, seconded by Trustee Marovitz, to accept the recommendation of the B7.A and instruct the attorney to prepare the necessary ordinance for a 6 -foot rather than a 3 -foot fence at 633 Waukegan Road. Motion carried unanimous) INDUSTRAPLEX - SPECIAL USE Trustee Marovitz moved, seconded by Trustee RETATL/ACCESSORY USES Seidman, to call. back from the table con - (TABLED 11/19/84) _ sideration of Retail /Accessory Uses for the Industraplex facility on Lake-Cook Road. Mr. Charles Buccola, petitioner, was present. Mayor Forrest advised him that the Board had been discussing his petition for Retail /Accessory Uses but had some concern about granting broad permission to allow them,, and had considered.the pos sibility of requiring approval. by the Board of each tenant's request for retail space. Trustee Swanson recalled that the petition was for permission to allocate 50 of the floor space of units up to 2,000 square feet for retail use. Considerable discussion followed regarding retail uses in an industrial area with a multiple tenant type of building. Mr. Buccola stated that unlike retailers, wholesalers operate in short time frames. He added that if the Board had to be consulted about each wholesaler requesting a retail use (a 6 -week procedure) he would lose potential tenants. He went on to say that he was not at all interested in encouraging retail operations,in the facility, but when a tenant requests per- mission for some retail activity, a determination has to be made. He stated that he was asking for 'definitions, guidelines, etc. on how to proceed.. what would be legal. or illegal. He wondered about the intent of the ordinance for Special. Use which allows 5% retail uses. He asked how he could proceed without being in violation of the zoning ordinance. Trustee Swanson stated he had-two concerns which could "trash up" the facility... :signage and traffic. Mr. Buccola replied that window signage was prohibited by lease, and that each unit can have only one sign of a uniform type. As for traffic he would not want to encourage any retail use that could bring in a lot of traffic. Mr. Buccola stated that he would like to check directly with the Board whenever he was in doubt about a prospective tenant. However, Attorney Stucko advised that the Board could not.act as a super - legislative body without previous Staff processes. Trustee York stated he was willing to allow the 5% retail use for areas up to 2,000 square feet, and have Mr. Buccola check directly with Staff whenever in doubt. L� J 0 r Thereafter, Trustee Marty Hewed, seconded by Trustee Jackson,, to approve the Plan Commission's recommendation that the petitidnef's Special Use /PUD be amend- ed so as to include a Special. Use permitting 5% of the gross, floor area of a per - III.iIL'cd principal. use having a maximum of.2,000 sq. ft. of gross; leasable area to be used for retail sales or a. like amount to be used for service usesaccessory to the permitted principal uses; any use having a gross leasable area of 2,000 sq. ft. or greater, must return for specific consideration as a separate Special Use; and that the-! appropriate ordinance be prepared. Motion carried unanimously. ;4.2 MILLION FINANCING Finance Director George Valentine reported CAPITAL IMPROVEMENTS that the Finance Committee had gone through FINANCE COMMITTEE REPORT the program presented by John Nuveen.and Co., the Underwriters and Investment Bankers for the Capital. Improvements project. He reported that they had gone into great detail. as to the inter- relationships of the various agreements that have to be signed, the way the levies are set, and the sinking fund. He stated that the pawn seems viable with a pretty substantial savings over the fixed rate General Obligation bond issues normally _marketed.. The variable rate General Obligation Bonds would be about 6`% versus the 9 -9k% fixed rate bonds, at this point. Mr. Valentine stated that the Financial Committee recommended that NuV enn & Co. c(�me hack on December 17th and give the full blown presentation to the Mayor, the Board, and the public. Mayor Forrest stated that the presentation Nuveen & Co. had made was very graphic and fairly understood. Trustee Jackson commen- ted that the meeting was an enlightening experience showing that a lot of work Kid been done over the past six months to secure for the Village some very good and safe financing for the Capital. Improvements program. 'Trustee Marty moved, seconded by Trustee Seidman, to accept the report of the Finance Commitee and to await the full report by Nuveen & Co. at the December 17th meeting. Motion carried unanimously. APPOINTMENTS Mayor Forrest stated that he wished to SI:_SQUICENTENNIAL COMMITTEE appoint to the Sesquicentennial. Committee Mrs. Coralee Schwartz, current President of the laistorica.l Society; Rabbi Reuven Frankel of B'Nai Tikvah, President of the Deerfield Interfaith Council, and Joseph Hoffman, Commander of the Ameri- can Legion Post 738. Trustee Seidman moved, seconded by Trustee .Jackson,to approve the Mayor's appointm(2nLS. Motion carried unanimously. EASTERN I -1 PUD /SIGNAGE PLAN Trustee Marty moved, seconded by Trustee L'I;ICKYARDS - FLODSTROM Marovitz, to pass the ordinance for the Old)INANCE NO. 0 -84 -51 Signage Plan for the Eastern I -1. PUD of the Flodstrom Brickyards development. Motion carried on following vote: APES: Jackson, Marovitz, Marty, Seidman, Swanson, York (6) NAYS: None (0) HOTELS /PLANNED INDUST. DEVELOPMENT ZONING ORDINANCE AMENDMENT of the ordinance amending the Zoning as a Special Use in the I -1 District that in matters of this import, he f Mayor.Forrest stated that the petitioner and developer of the Arborlake Center had re- quested the waiving of the second reading Ordinance relative to the inclusion of hotels and other amendments. Mayor Forrest stated avored a second reading for the ordinance. Trustee Seidman was concerned about a provision regarding free standing liquor service. He stated that there had been a lengthy discussion when the hotel was discussed and 11e.had been under the impression that it was.agreed that the area for complimentary liquor service would be adjacent to the food service area. Attorney Stucko and Mrs. Barbara Ruf.f.ino, Planner, were both of the opinion that while the lounge area was to be adjacent to the food service area, no mention had been made of the location of the complimentary area. Trustee Swanson pointed out that under the ordinance that area could "float" to the pool, tennis courts, etc. Mr. Richard Wendy, attorney for the petitioner, stated that they would have no objection to identifying and "nailing down" the complimentary .liquor service area oil their plans. Trustee Seidman stated he wished to see the plans at the next Board meeting. Mayor Forrest requested Attorney Stucko to refine the language of the ordinance regarding the complimentary liquor service. 'Flie ordinance stood at first reading. qr Stating that winter was near and th.i: they wished to break ground at once, Mr. Wendy requested permis:3i.on to begin ground work immediately, at their own risk. Trustee Seidman moved, seconded by Trustee Jackson, to allow ground breaking, at petitioner's own risk. Motion carried unanimously. HOTEL SIGNS /I -1 PUDs Mr. Richard Wendy, attorney for the Stein ZONING TEXT AMENDMENT Arborlake Center, stated that at the last Board meeting some concern was expressed about the hotel wall sign facing the Edens spur. He added, "We are prepared to accommodate the Board in any way they see fit in regard to that sign; we don't wish to push the Village beyond the limits that it feels comfortable to go." Passage of the ordinance was deferred to the next Board meeting. ALCOHOLIC BEVERAGES Attorney Stucko explained to the Board MUNICIPAL CODE AMENDMENT each section of the ordinance amending the Municipal Code on alcoholic beverages. Re- plying to questions by Trustee Seidman, he explained how the square footage of liquor service areas are computed and that the ordinance requires hotels to abide by the closing hours for liquor service required of other Village restaurants. Mayor Forrest requested that Staff research, before the next meeting, the fees of other communities for this type of liquor ,license for hotels and to provide the Board with a recommendation. The ordinance stood at first reading. SPECIAL USE /INDUSTRIAL PUD First reading'of Ordinance. STEIN /VOLKSWAGEN PROPERTY ORDINANCE Attorney Stucko explained that the ordi- nance incorporated all the proposals (site, landscape, signage plans to be attached as exhibits) which the Board had already considered as presented before the Plan Commission. It also includes specific variations granted and spelled out identically in the annex- ation agreement. HEIGHT VARIATION First reading of ordinance granting a STEIN /VOLKSWAGEN PROPERTY building height of 75 feet (including ORDINANCE mechanicals) for Stein /Volkswagen proper- ty as recommended by the Board of Zoning Appeals. AMEND SPEC. USE/COMMERCIAL PUD First reading of Ordinance providing for TAKE -OUT RESTAURANT /GALVANI take -out restaurant at 768 Osterman Avenue. ORDINANCE ZONING MAP AMENDMENT First reading of Ordinance. MATAS CORPORATION ORDINANCE MEDICAL- DENTAL CLINICS First reading of ordinance. SPECIAL USE /I -1 PUDs ORDINANCE AMENDMENT SPECIAL USE /INDUSTRIAL PUD Mr. Lawrence Friedman, attorney for the MA'rAS CORPORATION Matas Corporation, stated that some mis- ORDINANCE understanding had occurred between the petitioner and the Plan Commission regard- ing the number of square feet to be included for retail. use in Phase l of the development. He submitted that when the original Galeria plan was presented, 15,000 square feet were approved for the single building of 300,000 square feet. When the Galeria Plan was abandoned for the Corporate Plan, with two buildings of 150,000 square feet each, they had assumed that the 5% would obtain for each of the two buildings for a total of 15,000 square feet in Phase I. However, the Plan Commission minutes state_ that Mr. Ash, representing Matas Corporation, stated that the amount of retail space would be reduced to 7,500 square feet from the original 1.5,000 square feet in Phase I. He submitted that whether Mr. Ash mis- tated their proposal or was not 'able to make their position clear, his intention was 7,500 square feet for each building, for a total of 15,000 square feet for Phase I. Mr. Ash stated that the Plan Commission had been opposed to the density of the development and voted to recommend denial of the Corporate Plan without ever considering the percentages or the other uses. When the Board approved the Corporate Plan, however, the petitioner assumed that all of the percentage pro- visions (from the old Galleria Plan) still existed and.were included in the Board's approval of the Corporate Plan. l Trustee York saw no reason not to permit 15,000 square feet in Phase I, but Mayor Forrest wondered about granting such a request without another hearing. However, Attorney Stucko stated it was .Legal for the 130;,(.1 t() accept, reject, or modify any Plan Commission report. Mayor Forrest stated that a number of issues are not clear ... footages for retail, medical and dental, health club, etc. lie asked Staff to research these matters thoroughly and provide the Hoard with data on which to make a decision by the next meeting. Trustee Swanson pointed out that 1.5% of the non - office uses,and the first* tenants of the in the Village Center and the Lake -Cook Road know whether there would be duplication, but be developed toward Lake -Cook Road, and that include any. The ordinance stood at first reading. HEIGHT VARIATION MATAS CORPORATION ORDINANCE SIGN MODIFICATION (IFERGAN) 360 -380 LAKE COOK ROAD ORDINANCE space of Phase I would be occupied by Matas site would duplicate services area. Mr. Friedman said he did not it was logical that such uses would Phase 11 would not be as likely to First reading of ordinance granting a varia- tion to permit fifty -two foot building heights in lieu of the maximum forty -five feet allowed. First reading of ordinance permitting .two ground signs on single zoning lot. 1984 FINANCIAL REPORT. Finance Director George Valentine reported ACCEPTED & PLACED ON FILE that there were two substantial changes.be- tween the audit presented previously and this year's comprehensive financial report. The major difference includes the audit plus two additional sections: 1) a letter of transmittal wherein an attempt. is made to verbalize what occurred last year and may occur in the future, and 2) a fiscal section showing a 10 -year comparative chart. A Certificate.of Performance has been applied for. The Certificate is an award given by the, Finance Officers Association. However, nothing will be heard from them for six to nine months. About two percent of the communities in the State have been awarded Certificates of Performance. Mayor Forrest commented that to achieve such a designation would be very help - .f.ul in terms of financial ratings and would indicate excellent compliance with all governmental requirements in reporting. Trustee York commended Mr. Valen- tine on the introduction to his report. which he found understandable and en- joyable in reading. Trustee Jackson moved, seconded by Trustee Seidman, to accept the 1984 Financial Report. Motion carried unanimously. There being no further business to come before the Board, upon motion by Tr1istee Seidman, second by Trustee Marovitz, the meeting was adjourned at 9:30 P.M. OVED: 1 Mayor ATTEST: Village Cl k 1?-Z