VILLAGE of SUGAR GROVE

Plan Commission/Zoning Board of Appeals (ZBA) Chairman Irv Ochsenschlager called the regular meeting of the Sugar Grove Plan Commission/ZBA to order at 7:01 p.m. in the Village Board Room.

Plan Commission/ZBA members present:

Brian Schiber, Bob Dray, Irv Ochsenschlager, Ryan Reuland, Steve Benesch

Andy Konovodoff arrived at 7:08 p.m. after roll call.

Absent: Ed Saloga

Quorum present.

Also present:

Mike Ferencak, Planner, Nancy Zak, Recording Secretary

Petition 04-005: Meadowview Villas (continued)

Annexation, Subdivision, Rezoning to R-3 PUD

(Shari Neeley, John Clare Ltd., Petitioner)

A letter dated November 11, 2004 from Shari Neeley to Village Planner, Michael Ferencak, was received requesting that their Public Hearing be continued until the January 19, 2005 Plan Commission/ZBA meeting. Neeley stated in the letter that they have not received a decision from the Appellate Court as of the date of the letter.

Staff recommended the continuance to the January meeting.

Dave Johnson, of John Clare Ltd. apologized for the delay in continuance of the Public Hearing. He stated they have been working on this project for a long time and have had discussion with the residents of Prestbury. The problem lies in the objection to the project by one business owner, Beta Graphics. Mr. Benson, of Beta Graphics, is disputing the change of use of the property and also working to force the petition to be formally withdrawn. The business park covenants enter into the problem. Johnson went on to say he believed all the legal problems would be settled by the January Plan Commission/ZBA meeting.

Johnson and Neeley said they would be amenable to sending out a mailing to residents surrounding the property in question keeping them abreast of the petition's status. Their address and phone number will appear on the letter so residents can get in touch with them directly with questions or seeking information. They would also republish the public hearing notice, if that becomes necessary.

Gary Bannister of 161 N. Buckingham, said he has never received any notice of the public hearing. Johnson said the mailing list was acquired from Chicago Title and Trust, but he would be certain Mr. Bannister would receive further mailings.

Benesch made a motion, which was seconded by Dray, that the Public Hearing on Petition 04-005, Meadowview Villas be continued to the January

19, 2005 Plan Commission/ZBA meeting.

The motion carried unanimously by voice vote.

Petition 04-017: 4 Hathaway Crescent Rezoning to R-2 (after annexation)

(Gregory and Angela Smith, Petitioner)

The Public Hearing was opened at 7:14 p.m. Plan Commission/ZBA quorum present. Those anticipating to give testimony were sworn in by Chairman Ochsenschlager.

Petition:

The Petitioner's request was for a Zoning Map amendment from R-1 to R-2 Detached Residential District (after annexation).

History:

The property owner is planning to eventually build a home on this site. In order to obtain water and sewer services from the Village, the owner was required to sign an annexation agreement. One of the terms of that agreement was to rezone the property to the R-2 District after annexation. That zoning district is equivalent to the existing PUD zoning on the property. Annexation is not contemplated at this time, as the property is not contiguous to the Village limits. In order to ratify the annexation agreement by the Village Board, a public hearing is required on the proposed zoning change before the Plan Commission/ZBA.

Presentation:

Angela Smith, Petitioner, stated they are planning to build a house on the site next Spring. They do want to be serviced by the Village of Sugar Grove's sewer and water systems. She said there would be no variances associated with the building of the house.

Public Comment/Questions:

No one in the audience spoke either in favor or against the Smith's petition.

Several people contacted the Village Staff regarding the intended zoning of the property, but no objections were received.

Plan Commission/ZBA Comment/Questions:

None

Chairman Ochsenschlager closed the Public Hearing at 7:16 p.m.

A motion was made by Konovodoff, which was seconded by Benesch, that the Plan Commission/ZBA recommend to the Village Board approval of Petition 04-017 request for rezoning the property at 4 Hathaway Crescent from R-1 to R-2 Detached Residential District, after Annexation.

Roll call vote on the motion:

Ayes: Benesch Dray

Reuland Konovodoff Ochsenschlager

Nay: Schiber

(Schiber's vote was based upon his opposition to forced annexations)

Absent: Saloga

760 Heartland Drive Findings of Fact Approval

A public hearing was held before the Plan Commission/ZBA on November 17, 2004 regarding a request for a Text Amendment to allow Display, Sale, and Repair of New or Used Furniture in the M-1 Limited Manufacturing District and a Special Use in the M-1 Limited Manufacturing District for display, sale, and repair of new or used furniture or furnishing, and including any preparation or repair work conducted as an accessory use. The hearing was closed and the Plan Commission/ZBA recommended approval of the Petition, subject to certain conditions, to the Village Board.

The Findings of Fact that indicate the standards for approval of the Special Use have been met were before the Plan Commission/ZBA at this time for approval.

Benesch made a motion that the Findings of Fact as written in the Staff report dated October 20, 2004, pages 3 and 4, items a. through i. that support the Petitioner's request (Petition 04-015) for a Text Amendment for a Special Use be approved and recommended approval of the Findings of Fact by the Village Board. Schiber seconded the motion.

Roll call vote on the motion:

Ayes: Benesch Dray Konovodoff Ochsenschlager

Reuland Schiber

Nays: None

Absent: Saloga

Motion carried.

Ferencak reminded the Commissioners of the public hearing scheduled for the revised Comprehensive Plan. The hearing will be on Wednesday, December 1, 2004 at 6:00 p.m. in the Village Hall Board Room. The Plan is be posted on the Village web site and will be distributed to Plan Commission/ZBA members as well as the Village Board and taxing bodies. Ochsenschlager stated, that a quorum of the Plan Commission/ZBA is critical since a public hearing will be conducted. Schiber stated he had a business meeting in Springfield that day, but would make every effort to get to the hearing.

Settler's Ridge, PUD, Text amendment

Ferencak reported that the project was discussed at the Village Board Committee of the Whole meeting and will be moved forward to a special meeting on November 30 at 6:00 p.m. All of the comments and issues brought forward by the Plan Commission/ZBA, Staff and the Village Planning Consultant, Teska were compiled into a report for the Board's review.

Nick's Custom Furniture

The Village Board approved the Text Amendment and Special Use for this petition.

940 McDole Drive

The Village Board approved the Houghtaling's petition for a rear yard setback variance.

75 Railroad Street - Cellular Antenna Special Use

The Petitioner is working through the building permit application. There remain some issues with the FAA, however.

The outcome of the public hearing, held at the last Village Board meeting, resulted in the failure to annex this property. A resident living adjacent to the Nickels' property voiced strong opposition to the proposal.

Nothing to report further on the matter.

Ochsenschlager said he had received two letters regarding the Meadowview

Villas Petition. Other Commissioners and Staff also received one of the letters in question, that being from Roth Rock. Ochsenschlager indicated there were some incorrect comments in that letter. The second letter was from the Prestbury Citizens Association, which stated some issues, had not been addressed by the Petitioner.

Schiber questioned Ferencak if JR's Retreat had actually opened on November 11 as its owner anticipated. Ferencak was not sure, but he believed it had opened. Also Mr. Rich, the owner, has indicated he has plans for another concept for his establishment. Ferencak met with Rich to discuss these proposed plans.

Konovodoff made a motion to adjourn the meeting. Benesch seconded the motion. The motion carried unanimously by voice vote.

The meeting was adjourned at 7:30 p.m.

Respectfully submitted,

Nancy Zak

Recording Secretary