VILLAGE OF LONG GROVE
Long Grove Plan Commission
Chairman Present: Fred Phillips.
Commissioners Present: Joseph Di Iorio, Tobin Fraley, Charles Cohn, Michael A. Dvorak, Nicholas Fasano, Lisa Schultz Phillips, and Shelly Rubin
Commissioners Absent: Eduardo L. Acuna and Robert Jenkins
Also Present: Village Attorney Julie Tappendorf, Plan Commission Secretary Wendy Parr, Village Planner James Hogue
1. Call to Order - Chairman Phillips
called the meeting to order at
2. Public Hearing (Continued from 8/16 & 9/6 Regular & Special Meetings): Consideration of a petition under the Village of Long Grove zoning code for amendment(s) to the Red Oaks Planned Unit Development subdivision, existing conditional use permits and/or additional relief necessary and/or appropriate under the zoning code that may be necessary to allow “The Studio” to create a wine cellar/wine shop, banquet and wine dinner facility and an enclosed patio & roof deck at 360 Historical Lane, submitted by Tom Hilligoss.
Chairman Phillips swore in all those who planned to give testimony during the hearing.
Village Planner Hogue reviewed the
list of items noted for follow-up from the last meeting. The specifics are noted in a copy of a letter
sent to Petitioner Hilligoss
•
Parking: Village Counselor outlined options in a
letter to the Plan Commission dated
• Paving: The 1995 approval required paving of the owner’s 33 spaces. At the last meeting the Commission felt that paving of the lot was not required. Staff feels that these requirements should be met and recommends establishing a completion date.
• Basement: Fifty-five percent of the lower level is above grade; therefore, they do not have a basement. Staff concurs. Village Counsel has determined that no text amendment is necessary if the Plan Commission desires to recommend approval of an amendment to the PUD approvals to grant relief from the maximum building size restriction in Section 5-5-2-1 of the Zoning Code.
• Water: Village Planner Hogue stated that based on his most recent discussion with the Village Engineer regarding the petitioner’s response, the Village Engineer stated that he would not have calculated the water usage in the same manner. Nonetheless, he did not think there is cause for concern.
• Fire Department: The Fire Department has not responded yet.
• Outdoor music: The petitioner is not considering outdoor music at this time.
• Signage: Signage will be a separate request.
• Landscaping: Landscaping information has been included in the plan.
• Lighting: Lighting will not change.
• Hours of operation: It will be per the Village Code.
Chairman Phillips asked if there is anyone in the audience who does not know what is going on. Long Grove resident Barbara Turner, 3853 RFD, stated that she did not understand. Chairman Phillips provided a brief summary of the petitioner’s project.
Long Grove resident Caroline Denaro, 3323 RFD, asked if the proposed use is for a restaurant or banquet hall. Petitioner Hilligoss stated that it is for both. The petitioner explained why the 300 seat restaurant is really counted as a 100 seat restaurant due to the inclusion of bar and banquet seats.
Village Counsel Tappendorf addressed the commission's concerns from the previous meeting and researched the legal options. Regarding parking, per the zoning code, parking must be on site and the petitioner only has 33 spaces. Relief can be granted, but under the zoning code, that is a Village Board decision. If the Plan Commission recommends approval of the petition, then the PUD must also be amended for building size, exterior appearance of the building, expand permitted uses, and a SUP for the outdoor dining use on the deck.
Resident Barbara
Turner stated a concern that the restaurant is using the same aquifer as the
residents and no more commercial uses should be approved unless a deep well is
drilled. She referenced an article
distributed at the beginning of the meeting to commissioners about
Merchant Robert Stoll thanked the Plan Commission for their due diligence in considering this petition. He stated that over the years, retail traffic has declined and thinks the petitioner’s project will be very beneficial for Long Grove.
Resident Caroline Denaro stated that while this project may appear to be good for the Village, careful consideration should be given.
Resident Vernadene Martlock, 3458 RFD, stated that she wants to see some figures as to how much water the restaurant will be using.
Resident Barbara Turner stated a concern regarding parking and asked if the restaurant is just an evening restaurant or a lunch place too. Chairman Phillips stated that during the last meeting the commissioners ‘beat the parking issue to death’. However, it seems that the parking issue will be up to the Village Board to rule on.
Commissioner Lisa Phillips stated that she agrees with Mr. Stoll that this is a great project and fits well with Long Grove but is concerned about the details. She noted that there have been two special meetings to rush this project through and there are still unanswered questions such as:
• Buildings size has been indicated by numbers ranging from 9,000 up to 11,000+ ft2. Commissioner Lisa Phillips requested an architect stamped affidavit of actual building size per staff recommendation.
• How the 78 required, but nonexistent, parking spaces are to be addressed,
• The nonexistent signage and marketing plans which would address the BDI report with conditions of success. The report suggested the only way this restaurant will be financially viable is through off-site parking and marketing, and
• Water issues, including the numbers for restaurant water usage, which were requested and not provided, and the aquifer questions which need to be addressed by a hydrologist, versus a well digger.
Commissioner Lisa Phillips does not want to recommend the project until these details are clarified.
Merchant Robert Stoll stated that he checked his notes and provided some additional information to address the concerns regarding available parking spaces.
Commissioner Rubin asked Commissioner Lisa Phillips why there was a concern about an 11,000 ft2 building. Commissioner Lisa Phillips explained that the detail of square footage for a petition is simply required and not optional. She also explained that the Plan Commission would be setting a dangerous precedent by allowing the size increase and by allowing a petitioner to present a petition without the required data. Commissioner Cohn stated that if the building was already approved five years ago to exceed the 5,000 ft2 limit then the precedent has already been set and we should not be having this debate.
There was a general discussion about the size and history of the building. The petitioner discussed his plan and his hope for the future of Long Grove. He also discussed the history of his business in Long Grove.
Dan Heuertz, Managing Partner with Preferred Restaurant Services, Petitioner Hilligoss’ consultant, further described the architecture of the project.
Commissioner Lisa Phillips expressed a concern as to why the Plan Commission was suddenly being asked to approve this project in one month without sufficient information. There was no answer.
Commissioner Rubin asked Village Attorney Tappendorf about the building’s square footage. Village Attorney Tappendorf stated that the plans were not consistent and the applicant must provide the correct number. Whatever the number is, it needs to be certified by the architect.
Commissioner Fasano asked the committee how the commissioners should be discussing the various points; whether each commissioner should take a turn or the points should be debated one at a time. Chairman Phillips stated that only new comments should be added.
Commissioner Fasano stated that he would like to know the five numbers that comprise the total square footage of the building. Also, his recollection of the paving issue from the last meeting was different than what he heard in the briefing at the beginning of the hearing. He recalled that the petitioner is required to pave his lot. He is also concerned about the water issue and is more confused about the issue after hearing the briefing at the beginning of the hearing. Commissioner Fasano asked about the size of the trees to be planted, asked for confirmation that the lower level is not a basement and asked about parking. Village Planner Hogue clarified the options the Plan Commission can take regarding the parking issue.
Commissioner Dvorak agreed that the correct building size needs to be established and is not concerned about setting a precedent because each petition and each property is unique and should be considered as such. He thinks that there should be a moratorium on projects of this type until water usage is investigated further. He asked Robert Stoll how many cars will fit into the backup lot. Robert Stoll was not sure. Regarding the lot paving, Commissioner Dvorak agrees that a compromise is in order. He agrees that this is a great project and that there should be compromises which involve give and take.
Commissioner Cohn asked if any of the backup space Robert Stoll has provided could be considered part of Mr. Hillegoss’ space requirements. Village Attorney Tappendorf stated no. Commissioner Cohn asked how the Plan Commission would recommend action to the Village Board relative to the parking issue. Village Attorney Tappendorf stated that if the Plan Commission is concerned about parking, then the Plan Commission can recommend that Village Board address parking because the code authorizes The Village Board to grant relief from the parking requirements.
Commissioner Cohn stated that he would like to know whether or not the restaurant would be competing with the residents for water. Commissioner Fraley explained that the restaurant would be competing with the residents for water because the restaurant can lower the water table which could present a problem for residents, with shallow wells, during droughts.
There was a general discussion about the restaurant’s well. Chairman Phillips stated that the petitioner was approved in 1995 for a 100 seat restaurant with one well. The fact of the matter is that the petitioner can build a 100 seat restaurant today with the existing well.
There was a general discussion about water. Commissioner Rubin stated that he wants to know what aquifer the restaurant will be tapping.
Commissioner Fraley stated that Long Grove has a downtown in crisis and that something needs to be done quickly. He would like to see all of the tees crossed but if there are a few tees not crossed, then it is not the end of the world. However, before any more projects are approved, water needs to be addressed.
Commissioner Di Iorio stated that this may be an unfinished symphony but it needs to move forward.
Commissioner Di Iorio made the following motion:
Amendment to the PUD approvals to:
• Grant relief from the 5,000 ft2 building size limitation contained in Section 5-5-2-1 of the Zoning Code;
• Modify the 4,800 ft2 building size limitation in the PUD approvals;
• Amend the site and exterior appearance plans for the property; and expand the permitted used on the property.
• And add wording to the effect that water usage will be monitored and if there is a problem, then the restaurant will need to drill a deep water well.
Commissioner Rubin seconded the motion.
Commissioner Fasano asked Commissioner Di Iorio to consider amending the motion to add wording to the effect that will limit the building size to whatever the architect certifies the building to. Also, he wants to include a recommendation to the Village Board to address parking through one of the two relief mechanisms proposed by the attorney.
Commissioner Di Iorio concurred with the two suggested amendments to the motion.
Commissioner Dvorak moved to further amend Commissioner Di Iorio’s motion to allow the petitioner 18 months to pave his parking lot. This motion was seconded by Commissioner Fraley. It was decided to keep this motion separate.
Commissioner Lisa Phillips moved to require
the petitioner to dig a deep aquifer well.
Commissioner Rubin seconded the motion.
Roll Call vote: Di Iorio - No, Fraley - No, Cohn - Yes, Dvorak - Yes, Fasano - Yes, Lisa Phillips - Yes, Rubin – Yes. Yes – 5 / No – 2. The motion carried.
Commissioner Di Iorio moved to amend the PUD to:
•
Grant
relief from the 5,000 ft2 building size limitation contained in
Section 5-5-2-1 of the Zoning Code;
•
Modify the
4,800 ft2 building size limitation in the PUD approvals;
•
Amend the
site and exterior appearance plans for the property; and expand the permitted
used on the property.
•
Limit the
building size to whatever the architect certifies the building to.
•
Recommend
that the Village Board address parking through one of the two relief mechanisms
proposed by the attorney.
The motion was seconded by Commissioner
Rubin.
Roll Call vote: Di Iorio - Yes, Fraley - Yes, Cohn - Yes, Dvorak - Yes, Fasano - Yes, Lisa Phillips - Yes, Rubin – Yes. The motion
carried. Yes – 7 / No – 0.
Commissioner Dvorak moved to allow the
petitioner 18 months from the date of Village Board approval to pave his
parking lot. This motion was seconded by
Commissioner Fraley. 5
ayes, 2 nays. The motion carried
Commissioner Fraley moved to approve a
Special Use Permit for the proposed outdoor dining on the deck of “The Studio”. Commissioner Lisa Phillips seconded the
motion. All ayes, no
nays. The motion carried.
Chairman Phillips declared the
public hearing closed at
3.
Approval of
the
Commissioner Rubin moved to approve the
Commissioner Dvorak moved to approve the
4. Other Business – Rules of Procedure and Protocol
for the Long Grove Plan Commission.
In reference to the Draft rules handed out, there was a general discussion about efficient ways to conduct meetings. Village Attorney Tappendorf suggested that the Plan Commission review the rules and decide whether or not they want to adopt them.
Chairman Fasano asked Chairman Phillips if each commissioner should go through their list of issues during a discussion or if it is more efficient for the commissioners to discuss topics one at a time. Chairman Phillips stated that as long as each person is recognized to speak then they can speak to the topic currently being discussed.
There was a general discussion about the next meeting scheduled for October 4th since it is a holiday and there are no items on the agenda at this time.
Commissioner Fasano
moved to cancel the October meeting and continue all business to November. Commissioner Lisa Phillips seconded the
motion. All ayes, no
nays. The motion carried
Commissioner Fasano stated that it is helpful to have motion sheets for the meetings. Village Attorney Tappendorf stated that motion sheets were not prepared in advance because this hearing was somewhat complicated and it would have been difficult to anticipate the various scenarios.
There was a general discussion concerning the legality of the Village restricting water usage. Village Attorney Tappendorf stated that legally the Village can not restrict watering of private water wells.
The Plan Commission attendance schedule at upcoming Village Board meetings was reviewed.
5. Adjournment
Commissioner Rubin moved to adjourn the meeting. The motion was seconded by Commissioner Dvorak.
All ayes, no nays.
The motion carried.
The meeting was adjourned at
The next meeting is
Respectfully submitted,
Wendy Parr
Plan Commission Secretary