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HomeMy WebLinkAbout08/22/1983 RECORD OF PROCEEDINGS 13 ~ Meeting National Graphics Corp" Cols" 0, Form No', 1097 ~ Minutes of Held August. 22, 1983 19 [ The special meeting of Council was called to order by Mayor Lewis at 8:00 P.M. with the following members present: Thornton, Headlee, Sutphen, Lewis, Chambers, Amorose, Maurer. Also present were Mr. Gunner, Assistant Law Director, Mr. Sheldon, Village Manager, Mr. Bowman, Planner, and Mr. Warner, Engineer. The purpose of this special meeting was to approve the Final Plans for "The Fairways at Muirfield". The meeting was preceeded by a special meeting of the Planning and Zoning Commission (P & Z). Mrs. Headlee, Council's representative on P & Z told Council that the Commission is satisfied with the Plan and they recommend that Council should approve it. r ..... Mr. Cheugh, resident of Birnam Woods, told Council that he was not satisfied with what took place at the P & Z meeting. He said the residents of Birnam Woods object to the proximity of the units on the new development but the problem was not addressed as an issue at the P & Z meetings. Now he appeals to Council to ensure that a more reasonable setback is established to satisfy the residents. Mr. Lewis pointed out, that Council has no basis that allows them to get into the degree of detail which Mr. Cheugh is addressing. The setback of structures is not a detail that is required to be addressed by P & Z, but the internal developer. Mr. Lewis said he can understand the concern of the residents involved, but this problem exceeds both the legal and practical limits of such bodies as the P & Z Commission and the Municipal Council. Mr. Jones, another resident who is effected by the new development, told Council that he tried to come to some compromise with Mr. Hill, the developer, but he was unwilling to make any changes in his plans. Mr. Jones said this new development is not consistent with the representation of design practices that was supposed to be followed according to all the literature he was furnished with at the time of his purchase and on which he based his purchase. Mrs. Maurer wanted to know, what are the perimeters of Council's decision, when a case like this comes before it for approval after P & Z approved it, but some citizens are not satisfied with the decision. Mr. Lewis asked Mr. Bowman to explain the Planned Unit Development Ordinance. Mr. Bowman said zoning is based on the preliminary plan. It is the P & Z Commissin's responsibility to teview a final development plan against the preliminary plan At this point Council only needs to accept, or reject the Plan. Because of the issue raised about it, Council could reject it saying that the configura- tion of the units is not acceptable to Council. Mr. Gunner explained, that once the zoning has been approved, it becomes P & Z's responsibility to see that the plans conform with all the codes and Council has to trust their recommendation for approval when the final plans come before Council. Mr. Lewis said the reason why it comes before Council at all is because if there is any reaon to believe that P & Z did not do their job as charged, Council has the opportunity to veto their decision. Mr. Gunner agreed with this statement. He said in this case Council has no basis to reject the Plan. Mr. Chambers said it seems to him, that the residents came to the wrong body with their complaint. If they believe they are victims of misrepresentation, it is an issue between the parties involved and Court. r t .... Mrs. Maurer suggested that Mr. Jones should present his ideas of how the plan should be modified and Mr. Hill should explain the reasoning behind the way he positioned the units. Most of the Councilmembers agreed to listen to the gentlemen. At this point Mr. Jones explained, how in his opinion Mr. Hill could improve his development and at the same time satisfy the Birnam Woods residents by creating ample clearing between Birnam Woods and the new development. Mr.Hill did not wish to speak. ,,' IillJl.'IIlI !T ;..~"'''~'_'''''''~~'' ~.~".-,,,~..,^.:.~.~;.~......;,.,.,,.,,,,,,,", "Ii. 1. .R~ l'JilI, ""''<!l>''i.I'il;t{'....~"".,.,<._..- RECORD OF PROCEEDINGS 15 Minutes of Meeting ~ National Graphics Corp" Cols., 0, Form No. 1097 ~ Held August 22, 1983 19 Page two [ Mrs. Headlee pointed out that there is an ordinance prohibiting encroachment on sanitary easements. ~ooking at the plans it seems that the units have to be set further back to prevent encroachment. Mr. Bowman explained, that each developer has to apply for a building permit. At that time specific drainage problems, etc. are taken into consideration and it is the bwilding inspector's responsibility to make sure that all requirements are met. All the members of council voted yes to approve the Final Plans for "The Fairways at Muirfield" with the exception of Mrs. Maurer, who voted no. Mrs. Headlee then addressed the representatives of Muirfield ltd. asking them that in the future try to work with the existing residents when new developments are proposed and try to compromise as much as possible, to avoid similar issues. Mrs. Maurer reminded Council, that the deadline for submitting their "Want list for Elublin" is September 1, 1983. The meeting adjourned at 9:47 P.M. [ ~D Cl k of Council ~ ,- .....