Village of Old Mill Creek Hunt Club Road Old Mill Creek, IL 60083

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1 Village of Old Mill Creek Hunt Club Road Old Mill Creek, IL Plan Commission Minutes of the Public Hearing April 4, Call to Order Roger Baske called the meeting to order at 7:01 p.m. 2. Roll Call Present: Roger Baske, Dorothy Berthold, Wolf Berthold, Patrick Lamb, Irene Martin, Ruth White Present After Roll Call: Ed Sebesta Absent: None Also Present: Jennifer Andrew, Al Maiden, Yamin Yamin Visitors: Tim Smith, Merle Gross, Ray Boller, Thomas Druce-Hoffman, Marie and Kevin Lyons, Denise Eder (and husband), Milt Anderson, and Dawn Revenaugh 3. Business 3.1 Map Amendment to the Comprehensive Land Use Plan Map 3.2 Text Amendment to the Development Code 3.3 Map Amendment to the Zoning Map Roger Baske stated the purpose of the public hearing and provided background information about the issues. He indicated that written comments were received from Ray K. Boller. Then Roger Baske invited the public to comment. 4. Public Comments Ray Boller, N. US Highway 45, asked that his written response be entered as evidence. He then proceeded to read the comments he had submitted in written form. Written comments from Ray Boller are as follows: Response to a notice of public hearing at 7:00 PM on April 4, 2011 at the Village of Old Mill Creek Village Hall at Hunt Club Road, Old Mill Creek, IL Ray Boller, Trustee for the owner of PIN , N. US Highway 45, Old Mill Creek, IL. We request that this formal written response be entered as evidence to the above hearing. Notice of Public Hearing #1: To consider map amendments to the Village of Old Mill Creek s Comprehensive Land Use Plan: concerning potential for expanded special retail and mixed use areas to the east of the existing Special Retail District (SR) designation around the U.S. Route 45 and Millburn Road Area, we strongly object to the reclassification of any part of PIN # being listed as a change from R-3 to SR3 because we annexed as SR. Suddenly reclassifying this PIN to SR3 may diminish the value of this property and it could be considered as a legal taking, unless monetary compensation is agreed upon. Please remove this PIN# from consideration for a change to the Comprehensive Land Use Plan. We object to expanded special retail and mixed use areas to the east. The Village of Old Mill Creek has repeatedly failed to implement an engineering plan to allow the supply of County(Lake Michigan)/Municipal water, and the supply of County/Municipal Sewer, or even sidewalks in the Millburn area. Expanding special retail and Plan Commission Minutes PH 4/4/2011 1

2 mixed use areas to the east dilutes the efforts to promote the existing SR zoning area. If the Village cannot afford to consider utilities for the existing planned areas, then why make the problem larger? We object to the non-forthright nature of presentation of a proposed Zoning Map changes devoid of major arterial road location. Some may remember the flurry of discussion about the time that a Western Bypass centerline was originally recorded by IDOT. Meridian development s, Forest Trails project was being laid out directly on top of the proposed bypass route. The Village of Old Mill Creek and the Historic Millburn Community Assoc. petitioned the Village of Lindenhurst to recognize the potential route by requiring a with bypass and a without bypass plan for this development. The Village of Lindenhurst did the right thing by providing for the two options while the community waited for the decision in the IDOTvs Meridian Development case. Now it is the Village of Old Mill Creek who should do the right thing by publically considering the current Route 45 Bypass alternatives in its planning. Therefore, we request that the Plan Commission, in the interest of public safety and the reduction of traffic congestion, lay on the table this consideration for a Map Amendment to any area under consideration by Federal, State, and County of Lake agencies, until after a final route determination. Notice of Public Hearing #2: To consider a text amendment to the Village of Old Mill Creek s Development Code to add to the Title of Article 3.5 Special Retail District to read as Article 3.5 Special Retail Districts and to add Section Special Retail District -3 (SR-3) Over the years we have periodically listened to an idea of moving the Village Center (VC) to the Millburn area and removing VC from the current location on the Comprehensive Plan. We object to the creation of a new SR-3 district since it is not clear why existing zoning classifications would not work. Notice of Public Hearing #3: To consider a map amendment to the Village of Old Mill Creek s Zoning Map To rezone the property that is currently within the Village R-3 Single Family Residential District located east of the current Special Retail District (SR) around the U.S. Route 45 and Millburn Road area and west of the current Village Greenway District (VG) to be within the Special Retail R-3 District (SR-3) PIN as listed in box labeled Proposed R3 to SR-3 Zoning, is currently zoned by annexation as SR and VG. No part has been considered as R3. We do not wish to be rezoned. Please remove this PIN number from all documents used in consideration of proposed changes to the Zoning Map. The Village of Old Mill Creek Development Code, Article 16E Amendments states: 2. Amendment Application An application for a text or Zoning Map Amendment shall be filed on forms provided by the Village(see Appendix A). The Village Board, the Plan Commission, the owner of the site, or anyone having a proprietary interest or a leasehold interest in a property can file for an Amendment. In any instance in which any party other than the record title holder shall initiate a proceeding, evidence of the consent of record title holder shall be required as part of the proceeding. The application for Amendment shall contain such documents and information deemed necessary by the Plan Plan Commission Minutes PH 4/4/2011 2

3 Commission to make a recommendation. The information may include, but is not limited to, a legal description of the property; proof of ownership, proprietary interest or a current contract to lease the property; and if a land trust is involved, disclosure of all beneficial interests. 3. Public Hearing The public notices provided by the applicant shall contain, at a minimum, the following: Date, place, time and purpose of hearing Legal description of the site; and Common description of the site. Since the legal descriptions have been left out of the public notice to property owners, this hearing appears to be legally deficient. 4.Findings Where the purpose and effect of the proposed Amendment is to amend the Zoning Map as to a particular property, the Plan Commission shall make findings based upon the evidence presented to it in each specific case with respect to the following: The existing uses of the property within the general site area; The zoning classification of property within the general site area; The site suitability for the uses permitted under the existing zoning classification and the proposed classification; and Development trends, if any, in the general site area, including changes, if any, which may have taken place since the property was placed in its original zoning classification. Development is not likely without the water and sewer service. 5.Recomendation The Plan Commission shall not recommend the adoption of a proposed Amendment unless it finds that the adoption of such an Amendment is in the public interest and is not soley for the interest of the applicant. Article 16J FEES Any application for a Variation, Amendment, Special Use which is filed by or on behalf of the owner or owners of a property, shall be accompanied by a fee as provided in the fee schedule prescribed by the Village Board in Article 18, Application/Impact Fees. We note serious legal discrepancies and request that the Plan Commission consider cancelling this proceeding. Ray Boller, Trustee Date Al Maiden stated that the Plan Commission and the Village Board were approached by a property owner with a zoning map amendment request. He noted that there were discrepancies regarding the legal description of the property in the application; therefore the application was incomplete. Al Maiden noted that the Village Board and Plan Commission decided that a more comprehensive approach was needed, rather than a piecemeal approach. The Plan Commission reviewed the Comprehensive Land Use Plan map, which serves as a long-range plan, and discussed creating a Village Center-type, mixed use, residential, public services, and retail area east of historic Millburn (Rt. 45). Al Maiden noted that the proposal is to place two asterisks east of Millburn (Rt. 45) on the Comprehensive Land Use Plan map for an expanded Special Retail District and to add the asterisk label to the map legend. He reiterated that the Plan Commission felt it was best for the village to look at the whole area rather than to consider piecemeal zoning. Tim Smith asked whether the Hoffman and Boller properties were in the proposed area. Al Maiden responded that the zoning map was created by a different consultant. He noted that the Boller property was split by a line, and added that anyone has the right to request that the zoning be applied to the lot lines. He noted that a small portion of the back or eastern part of the property Plan Commission Minutes PH 4/4/2011 3

4 was included in the proposed area. He reiterated that an individual could petition the village to opt out. Al Maiden noted that the Plan Commission was concerned that the current Special Retail District, which allows R8 multi-family densities, would be too dense for the residential/retail mixed use area they envision, so they are proposing a new Special Retail District with R3 permitted (SR-3). The new SR-3 district would have the same rights as the original SR District, but residential would be limited to R3 densities. Al Maiden noted that a text amendment for the current SR District is needed because: 1) the preamble is currently outdated. 2) anything over 5 acres requires a PUD, and PUDs require a three-dimensional model. Therefore, it is recommended that a Special Use permit be required instead. 3) the bulk regulations didn t include provisions for non-conforming uses. The proposed changes are just corrections to reflect what currently exists. There was some discussion about whether or not property owners would be allowed to opt out. Al Maiden said that a split district might result and he does not recommend it. Marie Lyons stated that she and her husband Kevin are interested in the ability to have SR-3. She commended Al Maiden for his work on these issues. Tim Smith said he thought people would like these proposals. He said that they would benefit everyone. Roger Baske noted that nothing is taken away; no one s classification is degraded. Ray Boller asked to be taken out. Tim Smith opined that Ray Boller s property should have one zoning classification. Al Maiden replied that the owner could petition and provide a legal description. Ray Boller asked whether lots were split in the proposed SR-3 District. He said that according to the Development Code, a legal description must be supplied. Al Maiden noted that the cost of a legal description for the whole area would cost $10,000 $20,000. He said that the zoning map is recorded. There is no intent to deceive. He suggested consulting with the village attorney. Ray Boller questioned why the potential eastern bypass was left off the map. Al Maiden responded that the village s Comprehensive Plan shows the western bypass, and that the village decided to stay with what s shown on the Comprehensive Plan. Thomas Druce-Hoffman said that the decision was made more than 14 years ago that the bypass should go to the west. He said that he feels the bypass should go to the west. Additional discussion ensued. Roger Baske stated that the study is a requirement of federal funding and that the decision is beyond Lindenhurst and Old Mill Creek. Al Maiden stated that the bypass is not part of the proposed amendments. Tim Smith said that the Village Center belongs in the Millburn area because of the traffic, etc. He said that a nice village center would be good for the community if done right. He noted that the village would receive 1% sales tax revenue. Merle Gross stated that if the bypass goes west, Millburn could become a more attractive, quiet area. It was noted that part of the proposal includes the requirement for a Special Use permit for anything over 5,000 sf to maintain control over the scale and scope of development. Al Maiden noted that Article 9: Design Standards also controls what may be built. He said that the Plan Commission and Village Board would review whether the proposed use was in character with the area. A Special Use permit requires a public hearing at which residents would be able to comment. Plan Commission Minutes PH 4/4/2011 4

5 Dorothy Berthold suggested waiting until sewer and water was available before changing the zoning for the area. Roger Baske said they must go hand-in-hand. There was additional discussion about sewer and water. Ray Boller asked whether the Village has done an economic study. Roger Baske stated that there are not enough people to bare the burden of bringing sewer and water to Millburn. He said that the Village must look toward future retail development for a revenue stream. Al Maiden noted that currently there is very little development activity going on anywhere with the current economy. He added that developers are looking for communities who have the underlying zoning ready for when the market changes. Ray Boller opined that the village has no infrastructure and no money. He said there has been a lot of money spent on planning, but nothing has been built. Tim Smith suggested that development would help bring sewer and water. It was noted that this, too, was not the topic of the public hearing. Tim Smith asked the Plan Commission to make sure that everything is done correctly and that the property owners agree. He noted that the larger area would make sewer and water more feasible. He asked Al Maiden to come up with a plan that makes sense for the area. 5. Adjourn Roger Baske closed the public hearing at 8:00 p.m. Respectfully submitted by: Jennifer Andrew Deputy Clerk Plan Commission Minutes PH 4/4/2011 5