Community Development Department

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1 Community Development Department SUBJECT: First Consideration of ordinance for vacation of Shermer Road right-of-way at 2400 Lehigh Avenue AGENDA ITEM: 11.a MEETING DATE: May 17, 2016 TO: Village President and Board of Trustees FROM: Jeff Brady, Director of Planning, (847) THROUGH: Todd Hileman, Village Manager CASE # : P LOCATION: PROJECT NAME: 2400 Lehigh Avenue Cardinal Triangle Right-of-Way Vacation ACTION REQUESTED: Staff requests Village Board consideration of a Plan Commission recommendation for vacation of a portion of the right-of-way (ROW) adjacent to the parcel known as the Cardinal Triangle near Lehigh Avenue and Cardinal Road. The ROW is technically designated as Lehigh Avenue but has never been improved with a roadway. Upon vacation, the parcel would be transferred to the Glenview Park District along with the adjacent lot to the west. APPLICANT/OWNER: Village of Glenview 2500 East Lake Avenue Glenview, IL Tel: (847)

2 PLAN COMMISSION ACTION: On May 10, 2016, Commissioner Fallon, seconded by Commissioner Witt, made a motion to recommend approval, by a 4-0 vote, to the Village Board of Trustees for P , on the Vacation of Right-of-Way at 2400 Lehigh Avenue, based upon the petitioner s application materials, testimony, and discussion relating to the petition which together demonstrate compliance with Resolution 97-25, and that such Vacation be in accordance with the Final Plat of Vacation entitled Plat of Vacation prepared by Gremley & Biedermann and dated May 13, PLAN COMMISSION DISCUSSION: Staff summarized the request and the background of the parcel. Staff continued to explain that the vacation was being proposed in conjunction with an agreed upon land transfer plan between the Village of Glenview and the Park District. The property would be transferred to the Park District to allow the ongoing maintenance of the Cardinal Triangle as a natural area. There were no comments from the public and the Plan Commission recommended approving the vacation as presented. ATTACHMENTS: 1. Plan Commission Staff Report and Exhibits 2. Excerpt from Draft Minutes of May 10, 2016 Plan Commission Meeting 3. Draft Ordinances and Exhibits 2

Village of Glenview Plan Commission STAFF REPORT May 10, 2016 TO: Chairman and Plan Commissioners CASE #: P2016-022 FROM: Community Development Department CASE MANAGER: Tony Repp, Planner SUBJECT:

LOCATION: PROJECT NAME: Cardinal Triangle Lehigh Avenue ROW Vacation APPLICANT/OWNER: Village of Glenview 2500 East Lake Avenue Glenview, IL 60026 Tel: (847) 724-1700 PROPOSAL: The applicant, the

3 Village of Glenview Plan Commission STAFF REPORT May 10, 2016 TO: Chairman and Plan Commissioners CASE #: P FROM: Community Development Department CASE MANAGER: Tony Repp, Planner SUBJECT: Vacation of portions of Public Right-of-way (ROW) ACTION REQUESTED: Staff requests consideration of a Plan Commission recommendation to the Board of Trustees. LOCATION: PROJECT NAME: Cardinal Triangle Lehigh Avenue ROW Vacation APPLICANT/OWNER: Village of Glenview 2500 East Lake Avenue Glenview, IL Tel: (847) PROPOSAL: The applicant, the Village of Glenview, is requesting the vacation of a portion of Lehigh Avenue right-of-way (ROW), on the east side of the intersection of Lehigh Avenue and Cardinal Road. If vacated, the parcel would be transferred to the Glenview Park District along with the adjacent lot to the west. Report Disclaimer: Village staff makes no representations regarding support, endorsement, or the likelihood of approval or disapproval by any 3 Glenview regulatory commission or the Village Board of Trustees.

4 Site Assessment VILLAGE OF GLENVIEW ZONING: PIN (S): No PIN # Current Glenview Public Right-of-way North: Glenview P-1 Public Lands District East: Glenview P-1 Public Lands District South: Glenview I-2 Light Industrial District West Glenview I-2 Light Industrial District AERIAL PHOTOGRAPHY: 4

5 Project Summary PROJECT DESCRIPTION: The Village of Glenview is proposing vacation of this Village-owned right-of-way in order to transfer the parcel and the existing lot to the north, commonly known in its entirety as the triangle property to the Park District for preservation and maintenance. Vacation and transfer of this property has been a longstanding agreed upon condition between the Village of Glenview and the Park District. The property has been under Village ownership since the original transfer of property from the U.S. Navy to the Village. The vacation is now being presented to the Plan Commission and Board of Trustees for formal approval and platting. There are no plans, past or future, which call for the use of this portion of Lehigh Avenue as actual roadway. The right-of-way designation is a remnant of preliminary planning and engineering of the Glenview Naval Air Station redevelopment. The Village does maintain utilities in this right-of-way, but an easement will be placed over these utilities so that they can remain. POTENTIAL NEIGHBORHOOD IMPACTS: As of press time, no correspondence from the public had been received by Community Development Department staff in regard to the proposed vacations. Plan Commission Review REQUIREMENTS REGARDING THE VACATION OF PUBLIC RIGHT-OF-WAY: In accordance with Village of Glenview resolution , the following requirements apply to requests for vacation of public right-of-way: The Village will require a non-refundable deposit of $1000 to be paid at the time of application for vacation of public right-of-way. The money will be credited at the time of closing if the vacation proceeds This fee has been waived. The Village brought the application forward. The Village Traffic Committee will be responsible for reviewing the request to vacate the right-of-way to study the potential future need for the right-of-way The Traffic Committee was briefed about the proposed developments and determined there was no need for right-of-way in this location. Utility easements shall be provided to meet the needs of any existing or proposed easements The necessary easements will be granted prior to transfer to the Park District. The Village will not vacate a right-of-way if a non-conforming lot is created as a result The vacated ROW will be consolidated with the adjacent lot and transferred to the Park District. 5

6 Adjacent owners of property shall be notified of the request to vacate and the date, time, and location of the Public Hearing to discuss said request A public notice including the relevant information was published in the Glenview Announcements on April 21, 2016 and subsequently distributed to adjacent property owners. The Village of Glenview shall amend the Official Map to reflect the resulting roadway configuration after a vacation is approved Village staff confirmed these portions of Lehigh Avenue are not intended to be used for future roadway or sidewalk improvements and are reflected in the Official Map accordingly. The Plan Commission shall review the petition to vacate public right-of-way during a public hearing and shall forward a formal recommendation to approve or deny said petition to the Village Board of Trustees The required public hearing before the Plan Commission is scheduled for May 10, Right-of-way will be vacated upon the affirmative finding by the Village Board of Trustees that the public interest will be subserved by vacating the street, alley, or right-of-way The Village Board would hear the Plan Commission s recommendation in May The Village shall require a hold harmless agreement from the receiver of right-of-way to reduce the Village s liability for existing but unknown environmental contamination that may exist within the right-of-way The required hold harmless language will be included within the transfer documents which grant ownership of the property to the Glenview Park District. Technical Review COMPLIANCE WITH VILLAGE PLANS: Village Plan Compliance Yes / No / N/A Comments Comprehensive Plan Yes The proposed use is consistent with the Plan. Official Map Yes The proposed use is consistent with the Map. Waukegan Road Corridor Plan N/A - Milwaukee Avenue Corridor Plan N/A - Downtown Revitalization Plan N/A - Natural Resources Plan N/A - Bike & Sidewalk Master Plan N/A - The Glen Design Guidelines N/A - 6

7 PROJECT TIMELINE: Submittal/Meeting/Action Date A. Application Submitted 04/15/2016 B. Public Notice Published 04/21/2016 C. Public Notice Mailed 04/21/2016 D. Plan Commission Meeting 05/10/2016 E. First Consideration by Board of Trustees TBD F. Second Consideration by Board of Trustees TBD REQUIRED APPROVAL(s): The following chart details the necessary required approvals and includes specific descriptions of each regulatory approval, the review criteria, and standards for approval. Each Commissioner has a copy of the appendix and copies for the public are located on the table near the Board Room entrance doors and are available in the Planning Division section of the Village website Required Regulatory Review A. Annexation B. Annexation with Annexation Agreement C. Comprehensive Plan Amendment D. Official Map Amendment E. Rezoning F. Planned Development G. Conditional Use H. Final Site Plan Review I. Second Curb Cut J. Subdivision (Preliminary, Final, and Waivers) K. Variation(s) (Zoning Board of Appeals) L. Certificate of Appropriateness (Appearance Commission) M. Final Engineering Approval & Outside Agency Permits N. Building Permits O. Building & Engineering Inspections P. Recorded Documents (Development Agreements, Easements, Covenants, etc.) Q. Business License R. Certificate of Occupancy 1. Public Notice Attachments & Exhibits 7

8 VILLAGE OF GLENVIEW PUBLIC NOTICE P PROPOSED VACATION OF PUBLIC RIGHT-OF-WAY Notice is hereby given that a Public Hearing will be held by the Glenview Plan Commission on Tuesday, May 10, 2016 at 7:00 p.m. at the Village Hall, 2500 East Lake Avenue, Glenview, Illinois to consider the proposed vacation of dedicated public right-of-way. The applicant, the Village of Glenview, is proposing the vacation of a portion of public right-of-way to allow for the consolidation of this property with adjacent land for sale for private use. The Lehigh Avenue right-of-way proposed to be vacated is located east of the existing Cardinal Road and is legally described as follows: THAT PART OF LEHIGH AVENUE ADJACENT TO LOT 6 IN GLENVIEW NAVAL AIR STATION SUBDIVISION NO. 2, BEING A SUBDIVISION IN PART OF SECTION 22 AND VARIOUS OTHER SECTIONS IN TOWNSHIP 42 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS ACCORDING TO THE PLAT THEREOF RECORDED MARCH 31, 1899 AS DOCUMENT , DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTH MOST CORNER OF SAID LOT 6; THENCE NORTH 17 DEGREES 20 MINUTES 49 SECONDS WEST, ALONG THE EASTERLY LINE OF LOT 5 AFORESAID FEET TO THE NORTH MOST CORNER THEREOF; THENCE NORTH 15 DEGREES 46 MINUTES 39 SECONDS EAST, ALONG THE NORTHEASTERLY EXTENSION OF THE WESTERLY LINE OF SAID LOT 6, A DISTANCE OF FEET TO ITS POINT OF INTERSECTION WITH THE EASTERLY LINE OF LEHIGH AVENUE; THENCE SOUTH 17 DEGREES 20 MINUTES 48 SECONDS EAST, ALONG THE EASTERLY LINE OF LEHIGH AVENUE, FEET TO ITS POINT OF INTERSECTION WITH THE SOUTHEASTERLY FEET ALONG SAID SOUTHEASTERLY EXTENSION, BEING THE ARC OF A CIRCLE HAVING A RADIUS OF FEET, CONCAVE SOUTHWESTERLY, AND WHOSE CHORD BEARS NORTH 34 DEGREES 04 MINUTES 39 SECONDS WEST A DISTANCE OF FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS. All persons interested should attend and will be given an opportunity to be heard. For additional information, please call Tony Repp, Planner, at (847) ATTEST: Jeff Brady, Director of Planning Publication Date: April 21, 2016 Glenview Plan Commission Steven K. Bucklin, Chairman 8

9 EXCERPT FROM DRAFT MINUTES OF MAY 10, 2016 PLAN COMMISSION MEETING P Cardinal Triangle Vacation of Right-of-Way (Public Hearing) Mr. Brady stated that Village Staff is requesting the vacation of a portion of the Lehigh Avenue right-ofway (ROW) east of the intersection of Lehigh Avenue and Cardinal Road. The land was to be vacated and transferred to the Park District for ongoing maintenance as a natural area, similar to the adjacent prairie. Acting Chair Dickson opened up the meeting to the public; no one spoke, so she closed the public portion of the meeting. MOTION: Commissioner Fallon stated that based upon the petitioner s application materials, testimony, and discussion relating to the petition which together demonstrate compliance with Resolution 97-25, the Plan Commission recommend the Village Board of Trustees grant the Vacation in accordance with the Final Plat of Vacation entitled Plat of Vacation prepared by Gremley & Biedermann and dated May 13, Motion seconded by Commissioner Witt YEAS: NAYS: ABSTAIN: Commissioners Igleski, Witt, Fallon & Burton None None 9

10 P Vacation of a portion of Village of Glenview Public Right-of-way on Lehigh Avenue P.I.N for vacated public right-of-way to be assigned by Cook County RETURN TO: Village of Glenview 2500 East Lake Avenue Glenview, IL ORDINANCE NO. AN ORDINANCE VACATING CERTAIN RIGHT-OF-WAY IN THE VILLAGE OF GLENVIEW, ILLINOIS WHEREAS, the Village of Glenview (the Village ) is a home rule municipality in accordance with the Constitution of the State of Illinois of 1970; WHEREAS, the Village has the authority to adopt ordinances and to promulgate rules and regulations that pertain to its government and affairs that protect the public health, safety and welfare of its citizens; WHEREAS, the corporate authorities have reviewed a certain petition to vacate a portion of unimproved right-of-way, east of the intersection of Lehigh Avenue and Cardinal Road, within the corporate boundaries of the Village ( Subject Property ), and legally described as: THAT PART OF LEHIGH AVENUE ADJACENT TO LOT 6 IN GLENVIEW NAVAL AIR STATION SUBDIVISION NO. 2, BEING A SUBDIVISION IN PART OF SECTION 22 AND VARIOUS OTHER SECTIONS IN TOWNSHIP 42 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS ACCORDING TO THE PLAT THEREOF RECORDED MARCH 31, 1899 AS DOCUMENT , DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTH MOST CORNER OF SAID LOT 6; THENCE NORTH 17 DEGREES 20 MINUTES 49 SECONDS WEST, ALONG THE EASTERLY LINE OF LOT 5 AFORESAID FEET TO THE NORTH MOST CORNER THEREOF; THENCE NORTH 15 DEGREES 46 MINUTES 39 SECONDS EAST, ALONG THE NORTHEASTERLY EXTENSION OF THE WESTERLY LINE OF SAID LOT 6, A DISTANCE OF FEET TO ITS POINT OF INTERSECTION WITH THE EASTERLY LINE OF LEHIGH AVENUE; THENCE SOUTH 17 DEGREES 20 MINUTES 48 SECONDS EAST, ALONG THE EASTERLY LINE OF LEHIGH AVENUE, FEET TO ITS 10

11 POINT OF INTERSECTION WITH THE SOUTHEASTERLY FEET ALONG SAID SOUTHEASTERLY EXTENSION, BEING THE ARC OF A CIRCLE HAVING A RADIUS OF FEET, CONCAVE SOUTHWESTERLY, AND WHOSE CHORD BEARS NORTH 34 DEGREES 04 MINUTES 39 SECONDS WEST A DISTANCE OF FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS. WHEREAS, following public notice to adjacent property owners and published in the Glenview Announcements on April 21, 2016, a public hearing was held by the Glenview Plan Commission on May 10, 2016 to consider the proposed vacation of the Subject Property; WHEREAS, the Village Traffic Committee has reviewed the request to vacate the Subject Property and determined the right-of-way will not be needed in the future; WHEREAS, vacation of the Subject Property will not create a non-conforming lot and there are no utilities on the site that require easements; WHEREAS, the Village s intent is to transfer the parcel to the Glenview Park District for future maintenance as a natural area; WHEREAS, the corporate authorities have determined that the public interest will be served by the approval of the plat of vacation for the Subject Property as presented. NOW, THEREFORE, BE IT RESOLVED, by the President and Board of Trustees of the Village of Glenview, Cook County, Illinois, a home rule municipality, as follows: Section 1: The foregoing findings and preambles are material to this Ordinance and are incorporated herein as if restated in their entirety. Section 2: Attached hereto and incorporated herein is the plat of vacation entitled Plat of Vacation prepared by Gremley & Biedermann and dated May 13, Section 3: In addition, a hold harmless agreement shall be included in the documentation of the vacation, such hold harmless to be from the recipient of the right-of-way, which shall benefit the Village and shall be included in the closing documents pursuant to prior agreements between the Village and the recipient of the vacation. Section 4: The Village Clerk is hereby authorized and directed to cause a certified copy of this Ordinance to be recorded with the Recorder of Deeds in Cook County, Illinois, which certified copy shall include the original executed Plat of Vacation. Section 5: This Ordinance shall be in full force and effect from and after its passage and approval provided by law. 11

12 PASSED this day of, 20. AYES: NAYS: ABSENT: APPROVED this day of, 20. James R. Patterson, Jr., President of the Village of Glenview, Cook County, Illinois ATTEST: Todd Hileman, Village Clerk Village of Glenview, Cook County, Illinois 12

Village of Glenview Plan Commission

Village of Glenview Plan Commission STAFF REPORT May 10, 2016 TO: Chairman and Plan Commissioners CASE #: P2016-022 FROM: Community Development Department CASE MANAGER: Tony Repp, Planner SUBJECT: Vacation