B-3 zoning on the commercial parcel, light industrial use will be removed

Floor area ratio limitation incorporated. Since the current code does not have a floor area ratio, Robert Silhan, Director of Planning, Zoning and Building, recommended that one be incorporated into the annexation agreement. The recommendation is .30 which means thirty percent of the land can be building area.

Site plan review included.

Change R-1 on the south end to E-1 in event the portion of the site is not used for a school site.

Water connection fees will be included

Neumann Homes agrees with and will include the changes discussed.

Mr. Geoff Vosper, Hanley Drive resident, said that although he and many others present feel this is ‘done deal' and a legal convenience, he asked the Board not to change the comprehensive plan because of pressure from the developer.

Mr. Marc Lubkeman, Linden Lane resident, approached the Board requesting that changes not be made to the Comprehensive Plan, which took two years to develop. He suggested the Board get all the facts before making any changes.

Ms. Jodi Gott, Pine Hill Drive resident, read a resolution that is attached to the Shorewood Hills Comprehensive Plan and stressed the importance of community development. Ms. Gott distributed copies of Comprehensive Plans from other communities for the Board's review.

Mr. Greg Umec, Savage Road resident, read his letter expressing concerns with development and the effects it may have on the water quality and quantity.

Ms. Sandi Siegmier, Circle Avenue resident, doesn't understand the fiscal information provided earlier and the huge displacement of the impact it will have on the downtown. She also said that she doesn't feel the Board has enough information to make a decision.

Ms. Marianne Guy, White Road resident, asked why the Board is considering annexation at this point since the 55 acres is not contiguous. She also discussed the Memorandum of Understanding and compliance with current ordinances, not changing the comprehensive plan.

Mr. Ron Reipe, Miller Road resident, stated there is room for flexibility. Mr. Reipe distributed a packet of information to the Board that was previously distributed to members of the Planning and Zoning Board.

Ms. Dee Reeves, Fox Drive resident, said the Comprehensive Plan is not part of the Memorandum of Understanding, the developer should ask for a variance instead of making permanent changes to the plan.

Mr. Pete Bolandar, Eagle Ridge Drive, read a letter addressed to the Board stating that he is dismayed at the predicament the Board is being asked to work under.

Mr. Jack Siegmier, discussed the impact of changing the commercial zoning from 5 acres to 30 acres and feels that the Board is opening a pandora's box and they hold the key.

Mr. Bob Burman, Pine Hill Drive resident, stated that he has a degree in finance and he was astounded by the financial review presentation made earlier. He found it unacceptable.

Mr. Bill Creaney, Hill Ridge Drive resident, said that Neumann Homes has been previously turned down and he feels he will have to pay higher taxes with or without them, and he prefers to pay it without them.

Ms. Marianne Brandt, Miller Road resident, said her property is adjacent to the proposed property. She discussed the configuration of Savage Road and the Memorandum of Understanding Non Binding Agreement. She asked the Village Board to do what is right for Antioch.

Ms. Brenda Lyntner, discussed the proposed changes to the Comprehensive Plan, Subdivision and Zoning Codes.

Mr. Darrell May, read his letter and asked the Board why they are giving away the store if changes to the Comprehensive Plan are not part of the Memorandum of Understanding.

Ms. Mary Hadick, Hook Circle Drive resident, said that she felt residents are being ignored.

Ms. Jan Sternberg, Deep Lake Road resident, said changes to the Comprehensive Plan warrants many hours of research.

Ms. Joanne Horan, Hillside resident, would like Neuman Homes to donate the 55 acres to the schools.

Ms. Joanne Linker, said that she has a small business in town because she likes it. She would like to be known for something else besides Wal Mart. She suggested a beautiful hotel or water park.

Ms. Cindy Derouse, Meridian Way, said Neumann Homes is turning this small wonderful town into a little city.

Ms. Pat Antonnelli, Main Street resident, asked the Board if they are confident with their understanding of all the aspects these changes will have on our community.

A motion was made by Trustee Caulfield, seconded by Trustee Pierce to approve the recommendation from James Gutowski and authorizes the original manufacturer restore the flo-screen bar at a cost not to exceed $15,400.00. On roll call, the vote was:
YES: 5; Pierce, Caulfield, Foresta, Porch and Hanson.
NO: 0 .
THE MOTION CARRIED.

A motion was made by Trustee Caulfield, seconded by Trustee Hanson to authorize Administrator Haley to cash the mature CD #1017 in the amount of $10,000 and deposit the funds into the MFT checking account. On roll call, the vote was:
YES: 5; Pierce, Caulfield, Foresta, Porch and Hanson.
NO: 0 .
THE MOTION CARRIED.

A motion was made by Trustee Caulfield, seconded by Trustee Hanson to authorize Administrator Haley to cash the mature CD #4258 in the amount of $10,000 and deposit the funds into the MFT checking account. On roll call, the vote was:
YES: 5; Pierce, Caulfield, Foresta, Porch and Hanson.
NO: 0 .
THE MOTION CARRIED.

A motion was made by Trustee Caulfield, seconded by Trustee Hanson to authorize Administrator Haley to reinvest CD #57155 in the amount of $550,000 for 180 days at the best possible interest rate. On roll call, the vote was:
YES: 5; Pierce, Caulfield, Foresta, Porch and Hanson.
NO: 0 .
THE MOTION CARRIED.

The Combined Planning and Zoning Board conducted a public hearing on September 5, 2002 following notification as required by State Law and Village Ordinance.

John and Mary Havranek presented their request. Village Planner Bob Silhan indicated no objection to request; Village Engineer Jim Keim presented the formal staff report, which recommends approval.

Following brief discussion, Bob McCarty moved, Carol Keller seconded, to approve PZB02-10, requested rear yard variance in order to construct the proposed screened porch over existing wood deck on Lot 161, Pine Hill Lakes Unit 3, 1034 Crab Tree Lane. Upon roll call vote: YES: 4; Ipsen, McCarty, Keller, and LaReese. NO: 0. ABSENT: 2; Baba and F. Johnson. The Motion Carried.

The Combined Planning and Zoning Board conducted a public hearing on September 5, 2002 following notification as required by State Law and Village Ordinance.

Mr. Tom Burney, attorney for Neumann Homes presented the request. He expressed agreement with the Staff Report. Village Planner Bob Silhan presented his report, which recommends the language suggested for the introduction to subsection (3) (a), but indicates that no change is necessary to subsection (3) (b). The existing language in subsection (3) (b) provides for a range of lot sizes in a PUD from 6,600 to 8,000 square feet. Where greater than the minimum amount of open space is proposed, the P. & Z. Board and Village Board have the discretion to allow for an appropriate minimum lot size within that range.

Following discussion, Brad Ipsen moved, Carol Keller seconded, to approve PZB02-11, the proposed amendment to the Zoning Ordinance Section 150.108 (A) (3) (a), regarding yard and lot sizes, to include the text: "(3) Yard, Lot width and Lot size requirements. (a) Yard and lot widths for PUD's are not required to conform to the provisions of the underlying zoning district, but shall comply with the following standards: Yards and open spaces adjoining the boundaries . . ." Upon roll call vote: YES: 4; Ipsen, McCarty, Keller, and LaReese. NO: 0. ABSENT: 2; Baba and F. Johnson. The Motion Carried.

The Combined Planning and Zoning Board conducted a public hearing on September 5, 2002 following notification as required by State Law and Village Ordinance.

Mr. Tom Burney, attorney for Neumann Homes presented the request. Village Planner Bob Silhan presented his report, which was in basic agreement with the request. The proposed amendment provides for possible waivers of some sidewalk requirements in large PUD's, particularly where bike paths and other trails are part of the PUD plan. Such alternative amenities are an inherent part of a PUD; however, the current ordinances need clarification.

Following discussion, Bob McCarty moved, Carol Keller seconded, to approve PZB02-11, the proposed amendment to the Subdivision Ordinance Section 152.031, for additional language in a new subsection (E), as recommended by staff: (E) In lieu of the standards set forth in paragraphs (A) and (B) of this Section 152.031, sidewalks shall be provided in planned unit developments of greater than 200 acres pursuant to the Preliminary Plan approved by the Village Board of Trustees for the planned unit development." Upon roll call vote: YES: 4; Ipsen, McCarty, Keller, and LaReese. NO: 0. ABSENT: 2; Baba and F. Johnson. The Motion Carried.

The Combined Planning and Zoning Board conducted a public hearing on September 5, 2002 following notification as required by State Law and Village Ordinance.

Mr. Tom Burney, attorney for Neumann Homes presented the request. Village Planner Bob Silhan presented his report, which was in basic agreement with the request. The proposed amendment provides for the flexibility to allow for modifications to conventional block length standards in order to provide the best possible overall project design for a specific site.

Following discussion, Kyle LaReese moved, Bob McCarty seconded, to approve PZB02-11, the proposed amendment to the Subdivision Ordinance Section 152.019 (B), regarding block lengths, as recommended by staff: "In Planned Unit Developments greater than 200 acres, in lieu of the standards in this subparagraph, site-specific block lengths may be approved in connection with the approval of the Planned Unit Development." Upon roll call vote: YES: 4; Ipsen, McCarty, Keller and LaReese. NO: 0. ABSENT: 2; Baba and F. Johnson. The Motion Carried.

The Combined Planning and Zoning Board conducted a public hearing on September 5, 2002 following notification as required by State Law and Village Ordinance.

Tom Burney, attorney for Neumann Homes and Kevin Crowe, Director of Land Development for Neumann Homes presented the request. Village Planner Bob Silhan presented his report which concludes with a positive recommendation: "Insofar as the P & Z Board recommended a previous FPZB01-06 plan for 1240 homes, and that the current proposal is significantly better, due to: increased lot size; fewer homes; decrease impacts on schools, traffic; the environment; and increased open space; staff recommends that the Planning and Zoning Board also recommend the current PZB02-11 petition and proposal to the Village Board." Village Engineer Jim Keim presented his report., which indicates compliance with Village ordinances, and therefore, recommends approval.

Several members of the audience spoke in opposition to the proposal.

Following discussion, Bob McCarty moved, Carol Keller seconded, to approve PZB02-11, the proposed preliminary (entitlement) PUD plan, within existing R-1 zoning for the approximately 450 acres site, 960 single family homes, as recommended by staff. Upon roll call vote: YES: 5; Ipsen, McCarty, F. Johnson, Keller, and LaReese. NO: 0. ABSENT: 1; Baba. The Motion Carried.

Trustee Pierce asked if this development would warrant a traffic signal. Mr. Burney responded that the current development will not in itself justify the need for a traffic signal. The combination of commercial development on the 55 acre site, the school site and Deercrest development will warrant the signal.

It does not mean that the Village Board is bound to vote for the PUD because no document of that kind can bind the Board in the execution of it's governmental responsibility. It does mean, however, that if the Board chooses to vote against this PUD, that the result will be that we will be back in litigation.

There was a discussion regarding the proposed amendments to the village ordinances. Trustee Porch indicated that she felt betrayed by Mr. Neumann because the ordinances are being changed instead of requesting variances. Mr. Burney responded that the proposed amendments made to the request are clarifying amendments. He read a section to the village ordinance and stated that the village planner has indicated over and over again this community has approved modification, whether it's sidewalks, road configuration or length of blocks. Mr. Burney wanted the record to show that the village has allowed for departures from the village code has been regularly approved by the village. Trustee Porch said that all other developments have asked for variances.

The Combined Planning and Zoning Board conducted a public hearing on September 5, 2002 following notification as required by State Law and Village Ordinance.

Mr. Tom Burney, attorney for Neumann Homes presented the request. Village Planner Bob Silhan presented his report, which was in basic agreement with the request. The proposed amendment allows the petitioner/developer to accept considerable risk by filing co-terminus requests for a comprehensive plan change and a zoning change.

Following discussion, Brad Ipsen moved, Carol Keller seconded, to approve PZB02-12, the proposed amendment to the Zoning Ordinance Section 150.012 (4), to include text in the second paragraph to read: "This does not preclude a petitioner from requesting a change in the Comprehensive Plan at the time of filing a request for a zoning change." Upon roll call vote: YES: 4; Ipsen, McCarty, Keller, and LaReese. NO: 1; F. Johnson. ABSENT: 1; Baba. THE MOTION CARRIED.

The Combined Planning and Zoning Board conducted a public hearing on September 5, 2002 following notification as required by State Law and Village Ordinance.

Neumann Homes presented their request. Village Planner Bob Silhan presented his report, which included the comment that the proposed amendments are consistent with Goal #3, Land Use Pattern, on pages 14 and 15 of the Comprehensive Plan text. This goal states: "Establish a balanced land use pattern with a variety of non-residential uses which will provide: an expanded tax base to support public services and facilities; increase employment and shopping opportunities; . . . "

Members of the audience who spoke were in opposition of the proposal. The objections included disagreement with the request for the specific 55 acre site, as well as possible precedence related to other development requests.

Following discussion, Bob McCarty moved, Brad Ipsen seconded to approve PZB02-12, the proposed amendments to the Comprehensive Plan, relative to the 55 acres at the southeast corner of Route 173 and Savage Road, Plate 7 Land Use Plan, to be changed from its current designation as Rural Subdivision to: commercial on the northerly 30 acres; and to Urban Residential on the southerly 25 acres. In addition, the Comprehensive Plan text, page 29, "Business Categories," paragraphs 2 and 3 to be changed to: "The Commercial Centers are neighborhood retail/service uses on sites of up to forty (40) acres." Upon roll call vote: YES: 4; Ipsen, McCarty, Keller and LaReese. NO: 1; F. Johnson. ABSENT: 1; Baba. THE MOTION CARRIED.

Trustee Hanson said that because of the late hour, he would like to recess the meeting to another date.

The Board took a five minute break at 11:15 p.m. and returned at 11:20 p.m.

The Combined Planning and Zoning Board conducted a public hearing on September 5, 2002 following notification as required by State Law and Village Ordinance.

Neumann Homes presented their request. The staff report concludes with a positive recommendation with the following suggest conditions:

1. Final terms and conditions of the annexation agreement be subject to the review of the Village Board, with advise from the Village Attorney, following the required annexation hearing as required by law.

2. That the final plan of the commercial site be subject to the purview of the Mayor and Village Board of Trustees, with advice from staff, to assure general compliance with the Illustrative Site Plan.

3. If School District #34 does not accept the proposed land dedication, that the R-1 part of the site be restricted to the same maximum residential gross density, (2.22 du/A), as the Clublands site.

Several members of the audience spoke in opposition to the proposal. Following discussion, Kyle LaReese moved, Carol Keller seconded, to approve PZB02-12, the proposed B-3 and R-1 zoning pending annexation of the 55-acre site at the southeast corner of Route 173 and Savage Road, as recommended by staff. Upon roll call vote: YES: 4; Ipsen, McCarty, Keller and LaReese. NO: 1; F. Johnson. ABSENT: 1; Baba. THE MOTION CARRIED.