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PLAN COMMISSION 2012/06/13 Minutes Plan Commission Minutes – June 14, 2012 Page 1 The City of Lake Forest Plan Commission Proceedings of the June 13, 2012 A regular meeting of the Lake Forest Plan Commission was held on Wednesday, June 13, 2012, at 6:30 p.m., at City Hall, 220 E. Deerpath, Lake Forest, Illinois. Commission members present: Chairman Jack Reisenberg, Commissioners John L. Anderson, Michael Ley, Augie Ziccarelli and Jeff Kuchman Commissioners absent: Jim Carris and Lloyd Culbertson Staff present: Catherine Czerniak, Director of Community Development 1. Introduction of Commissioners and staff. Chairman Reisenberg asked the members of the Commission to introduce themselves. He welcomed Commissioners Ziccarelli and Ley, the two new members of the Commission. 2. Recognition of former Commissioners Tim Newman and Mark Shaw Chairman Reisenberg recognized former Commissioners Tim Newman and Mark Shaw for their contributions as members of the Plan Commission and thanked them for their service to the community. He presented them with plaques commemorating their years on the Plan Commission. Former Commissioners Newman and Shaw thanked the members of the Commission, and stated their appreciation for the opportunity to serve the community and wished the Commission well. 2. Approval of the minutes of the May 22, 2012 meeting. The minutes of the May 22, 2012 Plan Commission meeting were approved as submitted. 3. Public Hearing and Action: Consideration of a request for approval of a Zone Change from OA, Open Area to R-4, Single Family Residential for Lots 22, 23 and 24 in Wedgewood Subdivision. The properties are located on the south side of Wedgewood Drive, just east of Stratford Court. Property Owner: City of Lake Forest Presented by: City Staff Chairman Reisenberg introduced the agenda item and asked the Commissioners for any conflicts of interest or Ex Parte contacts, hearing none; he swore in all those intending to speak on this agenda item and invited a presentation from staff. Ms. Czerniak stated that she is presenting this matter on behalf of Carina Walters, the Assistant City Manager, who has been working on this project. She stated that since 2005, the City Council has identified these three parcels as surplus properties, properties that should not be retained over the long term by the City. She reviewed the location of the lots in the southwest corner of the City adjacent to the city limits. She reviewed the surrounding area noting the residential neighborhood to the north, west and east, the location of the Tollway and the location of LTD, a commercial use, just to the south of the Plan Commission Minutes – June 14, 2012 Page 2 parcels, in Bannockburn. She explained that in 1979, the City considered a request for approval of the Wedgewood Subdivision. She noted that the plan presented was for a cluster subdivision on 88 acres of property and noted that a request for rezoning of 8 of the acres from the R-4 zoning to R-5 zoning was also part of the request. She stated that both the rezoning and the cluster subdivision were approved by the City and pointed out the boundaries of the Wedgewood Subdivision on a map. She explained that this subdivision was approved before the City’s Residential and Historic Open Space Preservation Overlay District was put in place but essentially achieved the same goal by adhering to the permitted density in the R-4 District, while achieving some open space areas within the development by creating buildable lots smaller than the minimum lot size required by the zoning district. She noted that the open space areas are platted as outlots and are designated as non-buildable areas on the plat of subdivision. She explained that outlots are in the ownership of and are the responsibility of the Wedgewood Subdivision Homeowners’ Association, not the City. She stated that the outlots provide areas for stormwater detention, provide a buffer from the Tollway and provide open space in the subdivision. She continued stating that in 1998, the developer of the Wedgewood Subdivision offered to donate the three buildable lots which are the subject of this petition to the City. She noted that at that time, and in the years prior to 1998, the City was experiencing significant development activity and the City Council accepted the donation of the three lots and agreed to hold them in their natural state. She stated that the City Council accepted the three lots by Resolution, a copy of which is included in the Commissioner’s packet. She explained that the Resolution required the City to rezone the lots to OA, Open Area, and to retain ownership of the lots for 10 years or until the developer sold the remaining undeveloped buildable lots in the subdivision, whichever came first. She explained that the plat of subdivision was never amended to reflect these lots as outlots, permanent open space, but instead, the plat continues to identify these three lots as buildable lots in the subdivision as intended in the Resolution approved by the City Council. She emphasized the fact that these lots are owned by the City, not the Homeowners’ Association, which makes these lots different from the outlots in the subdivision. She stated that in 2005, the City’s Planning and Preservation Committee, a subcommittee of the City Council, conducted a review of all City owned properties and recommended a disposition for each parcel; whether the parcels should be retained, developed or disposed of because they do not provide a benefit to the overall community. She stated that the three Wedgewood lots were identified as surplus property and identified for sale or disposal by another means. She stated that in discussing the Wedgewood properties over the past several years, the City Council acknowledged that some of the owners of properties near these parcels have an interest in preserving the lots as open space. She explained that in light of that, the City Council directed staff to meet with interested neighbors and meetings with the neighbors were held. She stated that from those meetings and from other contacts with property owners in the area, it is understood that some neighbors in the surrounding area strongly desire that the lots remain in their natural state, undeveloped, to serve as a buffer for the neighborhood from the Tollway and LTD. She stated that various options were discussed including purchase of the lots by the Homeowners’ Association and the potential of swapping the three lots for the outlot in the center of the Wedgewood Subdivision, but no solution was reached. She explained that in the interest of moving the disposition of the lots, which has been discussed by the City Council since 2005 forward, the City Council directed staff to put the rezoning request on the Plan Commission’s agenda for public hearing and action. She stated that the decision of whether, or how, to dispose of the three lots is not under the purview of the Plan Commission however, review of the rezoning request based on the criteria for zone changes in the Code is the responsibility of the Plan Commission. She reiterated that the City Council has stated its intention that the City should not continue to retain ownership of these properties. She stated that the staff report submitted to the Plan Commission reviews the criteria for rezoning and presents findings in support of the requested zone change from OA, Open Space to R-4, single family residence consistent with the surrounding properties and consistent with the intent when the subdivision was approved. Plan Commission Minutes – June 14, 2012 Page 3 In response to questions from Commissioner Kuchman, Ms. Czerniak explained that the City Council directed that the zone change be considered now because these properties have been discussed by the Council for many years and to date, despite meetings with some neighboring property owners and communications with the Homeowners’ Association, an acceptable alternative to sale of the lots has not been identified. She reiterated that the City Council has stated its intent to dispose of these properties. She explained that rezoning the properties to R-4 is the next step in moving toward sale of the properties. She stated that property zoned OA cannot be owned by an individual. In response to questions from Commissioner Ziccarelli, Ms. Czerniak confirmed that the three lots do not play a role in the stormwater detention for the subdivision. She stated however that the development of the three lots was factored into the calculations for the amount of stormwater detention required for the subdivision. She pointed out that there is a small isolated wetland on one of the three lots that could be mitigated or incorporated into the development of the lot. She confirmed that as part of any development, the City requires a public property bond to be posted at the time permits are issued as security in the event that damage to public property or infrastructure occurs. She added that a truck impact fee is also assessed for large projects that are determined, based on criteria adopted by the City Council, to have negative impacts on City streets. In response to questions from Commissioner Anderson, Ms. Czerniak stated that the City Council has identified relieving the City of maintenance and liability for the lots as well as the benefit of placing the lots back on the tax rolls as developed properties as reasons for disposing of the properties. She stated that in the event that an acceptable offer to purchase the lots is presented by the Homeowners’ Association, ultimately, the Council will need to decide if simply getting rid of the properties is enough or whether the potential for the City to receive tax revenues is a priority. She noted that the City Council has stated that it has a fiduciary responsibility to all of the residents of the community to address these properties. In response to questions from Chairman Reisenberg, Ms. Czerniak confirmed that the outlot near the center of the Wedgewood Subdivision is open space owned by the Homeowners’ Association and not a buildable. She explained that the Homeowners’ Association is responsible for the outlots and for maintaining the detention ponds. She confirmed that in this subdivision, the streets are public streets and are maintained and plowed by the City. She added that she believes that the Wedgewood Homeowners’ Association also establishes an architectural review board that reviews new development planned in the subdivision. Chairman Reisenberg clarified that what is in front of the Commission is a request for approval of a zone change, not the discussion of the long term disposition of the lots. Commissioner Kuchman stated that he is baffled by the process noting that if the Homeowners’ Association is willing to acquire the three parcels, the first step would be to come back before the Plan Commission to request rezoning back to OA. He stated that the only reason to proceed with rezoning at this time is to maximize the value of the properties for sale. He stated however that the surrounding properties are zoned R-4 and that since the City controls the rezoning process, any prospective purchaser of the properties should have no question about the ability to have the parcels rezoned for residential development. In response to questions from the Commission, Ms. Czerniak explained that the properties cannot be marketed as OA zoned property since the Code establishes that OA property cannot be held in individual ownership but only by the City, Open Lands, the Forest Preserve or a Homeowners’ Association. She Plan Commission Minutes – June 14, 2012 Page 4 added that the City Council’s Property Disposition Policy establishes a process for disposing of property which includes as first steps, obtaining an appraisal, evaluating the zoning and rezoning the property if necessary before disposing of the property. She stated that the City Council determined that proceeding with rezoning of these three properties at this time is appropriate given the lack of success of the discussions with the neighbors to date. In response to a question from Commissioner Anderson, Ms. Czerniak clarified that property zoned OA is not developable and cannot be owned by a private individual. In response to questions from Chairman Reisenberg, Ms. Czerniak confirmed that there was a suggestion that consideration be given to swapping the three buildable lots for the outlot located in the center of the subdivision. She stated that option would not be a one for one exchange and that there was never any information presented to the City on whether neighbors in the area of the outlot would support that option. She noted that making the existing outlot a buildable parcel would require an amendment to the subdivision plat. In response to questions from Commissioner Ley, Ms. Czerniak confirmed that in a scenario where the Homeowners’ Association presented an acceptable offer for purchasing the lots to the City Council, the Association could come forward with a request to rezone the properties back to OA and amend the subdivision plat to remove the buildable status of the lots and establish the area as an outlot, preserved open space, that would be owned and maintained by the Association, not the City. Chairman Reisenberg invited public comment and swore in all those intending to speak. Bill Kaufman, 1865 Wedgewood Court, stated that he was the original developer of the Wedgewood Subdivision. He stated that his purpose in donating the three lots to the City was to protect the subdivision, not to move toward closing out the subdivision as stated by staff. He stated that he lives in the subdivision. He stated that he built high end homes in the subdivision and noted that during the buildout process, the adjacent commercial property, now LTD, was expanded and loading docks were re-oriented to face the Wedgewood development. He stated that he could have developed the three lots but noted that he felt he would have had to build homes of less value on the lots given their adjacency to LTD to make them marketable. He stated that as a result, he sought to donate the lots to keep them as open space. He pointed out that homes in the Oak Knoll Subdivision are located directly to the east of the lots, that the lots are the lowest lots in the subdivision and that they are located next to a cut in the berm along the Tollway which the City required for an overflow drainage route. He noted that the overflow drainage route was unnecessary and that the cut could be closed up. He stated that the City will need to understand these facts when marketing the property noting that it will be difficult to sell these lots and once developed, more difficult to sell other lots in the area. He questioned whether the lots are not more valuable as open space than as developed properties. He stated that he wanted to see a park, but noted that the City was not willing to locate a park on the lots. Web Bassick, 1951 Wedgewood Drive, stated that he is the President of the Wedgewood Homeowners’ Association and distributed copies of his statement and other documents to the Commission. He summarized the documents noting that he will not address all of the material presented. He stated that last year, for the first time, the City Council discussed the lots and the Mayor directed staff to work with the interested parties to seek an amicable solution. He pointed out that the interested parties include not only residents in the Wedgewood Subdivision, but also residents in the Oak Knoll Subdivision. He stated that members of the Wedgewood Homeowners’ Association and some residents from the Oak Knoll Subdivision met twice with City staff. He stated that at the last meeting, staff stated that they Plan Commission Minutes – June 14, 2012 Page 5 would do further work on this matter. He stated that the neighbors have not pursued any of the options because they were told to wait for the City. He stated that he and other neighbors were surprised when this zone change was scheduled since they were waiting for the City to come back to them as instructed by the Mayor. He stated that this meeting is premature. He noted that staff did not present the Plan Commission with any information on the previous litigation between the neighbors and LTD. He stated that LTD is a commodities business and operates 24/7. He stated that several years ago, LTD Commodities, with the approval of the City of Lake Forest, increased the size of its structure and relocated the loading docks to face north. He stated that the neighbors asked for the City’s help, but were rebuffed and directed to Bannockburn. He stated that a settlement of the litigation was reached requiring LTD to contain activity and limit its hours to no later than 8 p.m. He stated that staff has not told the Plan Commission about the legal opinion obtained by the neighbors which states that if the three lots are put up for sale, LTD will have a good case to reopen the litigation and expand its hours of operation. He stated that staff has not disclosed to the Commission the impacts that sound and light pollution will have on the value of the lots along with the ability of LTD to expand its operations. He stated that he and other neighbors talked about the litigation at the two neighborhood meetings that were held and at the City Council meeting. He noted that he was testifying on behalf of the entire Homeowners’ Association and requested additional time to speak and continued. He noted the information on sound prepared by a consultant hired by the City. He stated that the mathematical models used are incorrect. He noted that the consultant never came back out to the site to validate the numbers. He stated that it is not reasonable to think that if every single tree is cut down on the lots, the noise levels will only increase by one decibel. He noted 16 studies from other sources in this Country and others that state that dense vegetation is one of the best buffers possible. He added that staff did not talk about light pollution noting that the lights at LTD are on 24/7 and are bright enough to read a book. He stated that the lots were rezoned to OA, but that the City did not need to take that action and questioned how the lots could be rezoned to R-4 noting that only two lots would be possible under the R-4 zoning provisions. He noted that a wetland exists on the property and noted that mitigation may require involvement of the EPA which could be a lengthy process. He stated concern about the lack of transparency with respect to the lots. He stated that the Homeowners’ Association has three alternatives to offer: One, keep the parcels as open lands and give them to the Association to maintain. Two, swap the lots for the outlot in the center of the subdivision which is 1-1/2 acres in size. He stated that lot will offer a better development site. Three rezone the lots and place a conservation easement across the back of the yards requiring a tree buffer to be maintained and require building footprints consistent with other homes in the area. He questioned whether the homes on these lots will be consistent with the size and quality of other homes in the area as promised by staff given the limitations affecting these lots. He questioned whether the City needs the money that might be generated by the sale of the lots given the Mayor’s recent statement that the City is in good financial shape. He concluded noting that the City has never been willing to talk about swapping the parcels for the outlot in the subdivision. Kathy Bassick, 1951 Wedgewood Drive, stated that she is an impacted owner and lives directly across the street from the lots proposed for rezoning and sale. She stated that she was the secretary for the Homeowners’ Association and a member of the Caucus. She stated that she is an attorney. She stated that the fundamental issue that must be considered is whether a change in use for these lots, from OA to R-4 zoning, will introduce adversity to the surrounding tax payers that would not otherwise exist. She stated that is it important for the Commission to understand the history of the parcels noting that the lots today serve as a buffer from the non-residential uses in Bannockburn to the south. She stated that the developer of the subdivision entrusted the properties to the City. She stated that she purchased her property in 1982 and built her home in 1985. She stated that LTD did not exist at that time noting that the nuisance came to her. She stated that her property value is likely lower today than it would be if LTD had not located in the area. She explained that in 1994, LTD expanded the building and added Plan Commission Minutes – June 14, 2012 Page 6 more loading docks. She stated that a neighbor in the area residing immediately adjacent to LTD reached out to the City for support and assistance when the noise and light from LTD operations became unbearable. She stated that the neighbor did not receive assistance and in 1999 filed a complaint with the Illinois Pollution Control Board and the case ultimately reached the Courts. She offered a copy of the litigation to the Commission. She noted that the Court ruled that LTD violated the Noise Pollution Control Act and fines were assessed to LTD and overnight operations were directed to cease. She noted that alternatively, LTD could have constructed a noise wall but that did not occur due to the expense. She stated that the current situation puts the burden on the neighbors to assure that operations do not occur at night. She stated that the expansion and operation of LTD and the expansion of the Tollway impacted the neighborhood with noise and light pollution noting that the neighbors were not given a choice about either project. She stated that the developer of the Wedgewood Subdivision, Bill Kaufman proactively donated the parcels to the City since he could not sell the lots in good conscience. She noted that Mr. Kaufman expected that the City would protect the lots and that they would not be rezoned. She stated that Mr. Kaufman met with them former City Attorney and an alderman prior to the donation and the result of that meeting was a memo to the City Manager suggesting that the City could accept the lots and place an open space covenant on them to establish them as open space consistent with the other lots in the subdivision. She stated that no City staff member ever mentioned that conditions would be attached to the City’s acceptance of the donation. She read from previous reports to the Plan Commission noting the intent to accept the donation to serve as a buffer between the existing uses. She noted that the findings of the Plan Commission at that time supported the OA zoning noting that the rezoning would preserve open space and protect property values. She questioned how the City can now make findings that are not consistent with that original intent. She asked that the Commission consider the goals of its predecessors. She asked the Commission to consider whether the rezoning will impact the health, safety and welfare of the residents by allowing adversities to impact them. She asked whether the City will profit at the expense of the property values of residents. She questioned what the City is hoping to accomplish by rezoning the properties and what has occurred that lessens the need to maintain the lots as open space. She stated that the need to preserve the properties as open space is even more important today than it was in the past. Chairman Reisenberg invited cross examination from Mr. Bassick. In response to questions from Mr. Bassick, Ms. Czerniak confirmed that the report from the sound consultant referenced in the material presented to the Commission was completed at the time the Tollway expansion occurred. She stated that report was reviewed with a focus on the impact of development on the three lots and the consultant affirmed that development of the three parcels, given their location, would not have a significant impact on the noise from the Tollway and LTD. She confirmed that materials from the consultant can be made available to the neighbors. In response to questions from Mr. Bassick, Ms. Czerniak stated that the size of the houses on the three lots would be governed by the building scale provisions in the Code unless the City Council chooses to place additional restrictions on the lots. She acknowledged that the staff report may be worded incorrectly on this point. In response to questions from Mr. Bassick, Ms. Czerniak stated that the appraiser hired by the City was aware of the surrounding uses. She stated that the litigation was not discussed by staff with the appraiser. She acknowledged that the surroundings affect the value of a property. In response to questions from Mr. Bassick, Ms. Czerniak stated that various options for the lots have been discussed over the years. She stated that most recently, Ms. Walters requested information from Plan Commission Minutes – June 14, 2012 Page 7 the Homeowners’ Association in an effort to further explore the options. She stated that there have been many meetings on this topic and that there are files of information and past correspondence. Mr. Bassick stated that Ms. Czerniak’s response to his question regarding a letter from Ms. Bassick sent in 2006 was that she had no response. In response to questions from Mr. Bassick, Ms. Czerniak confirmed that the City hired DK Consultants to conduct a wetland analysis of the three parcels and that Ms. Walters, the Assistant City Manager, managed that contract. Mr. Bassick questioned why the consultants came on to his property. Chairman Reisenberg clarified that a request for rezoning is before the Commission, not a debate on the disposition of the properties. He invited Mr. Bassick to continue with cross examination. Mr. Bassick stated that the options that have been offered present alternatives that make the rezoning of the property unnecessary. He stated that since 2006, the City has rebuked efforts to discuss options to the sale of the properties and stated that this is the first opportunity the neighbors have had to present options. He stated his intent to also establish a record that staff has not been dealing with the neighbors fairly or transparently on this issue. He stated that the City has as much of an obligation to look after his interests as it has to make money. In response to questions from Mr. Bassick, Ms. Czerniak stated that staff did not direct the appraiser on what items to consider. She stated that no appraisal was conducted by the City on the outlot located in the center of the subdivision. In response to questions from Mr. Bassick, Ms. Czerniak stated that the idea of the swap of the three parcels for the center outlot was discussed at the neighborhood meeting and with Council committees. She stated that the option has not been pursued since the City has received no clear indication from the larger subdivision on the matter and no input from the immediately affected neighbors. She stated that there was also acknowledgement that the outlot is not as large as the three parcels and that it was designated on the plat as part of consideration of the subdivision as open space. Mr. Bassick noted that the centrally located outlot was the location of the halfway house for the private golf course formerly located in this area. He stated that he had no more questions. At the request of Chairman Reisenberg, Ms. Czerniak responded to public testimony. She explained that the entire Wedgewood Subdivision is zoned R-4 and was subdivided consistent with the density permitted by that zoning district. She stated that the requested rezoning of the parcels to R-4 is consistent with the original zoning of the parcels and consistent with the surrounding area. She noted that the City Council has worked hard to identify options for disposing of these properties including consideration of whether the three parcels should be configured into two lots, instead of three. She stated that because no agreement has been reached, the Council determined that moving forward with the rezoning at this time is appropriate. She noted the reference in the public testimony to the litigation and confirmed that the City was not part of the litigation. She clarified that the City of Lake Forest provides contractual plan review services to Bannockburn and has no authority over what uses or development is permitted. She stated that the City review only pertains to compliance with the Building Construction Code. Plan Commission Minutes – June 14, 2012 Page 8 In response to questions from Commissioner Anderson, Ms. Czerniak described the location of the three lots in relation to the LTD property and operations. She noted that the loading dock area of LTD is directly behind lots to the east of the three properties, in the Oak Knoll Subdivision. She confirmed that the City’s relationship with Bannockburn is as a service provider only. She confirmed that in 1998, instead of donating the parcels to the City, the developer could have placed the properties in a conservancy or amended the plat to assure that they remained as open space in perpetuity. She confirmed that in 1998, the Plan Commission supported the rezoning of the properties to OA recognizing that they provided a buffer for the neighborhood. She stated however that the City Council accepted the donation of the lots with conditions that limited the City’s obligation to preserve the lots as open space as detailed in the Resolution. In response to a question from Chairman Reisenberg, Ms. Czerniak confirmed that if the developer’s intent was to set the lots aside as open space in perpetuity, it should have been done differently. Commissioner Anderson agreed that the Resolution documents the Council’s intent very clearly. In response to questions from Commissioner Ley, Ms. Czerniak stated that she cannot speak to the developer’s or the neighbors’ understanding of the 1998 Resolution and stated that a proposal was never presented to the City to put an open space restriction on the property deeds or to amend the plat establishing the three lots as open space. Commissioner Kuchman agreed that the Resolution clearly preserves the City’s option to sell the properties but stated that he remains baffled by the process of rezoning the properties prior to marketing them. He noted that many properties are listed for sale right now and questioned why an additional 30 days could not be allowed for discussions with community groups about options. Ms. Czerniak stated that her understanding is that given the lengthy discussions about these properties that have occurred to date, the City Council sees the rezoning of the properties as a way to move the discussions forward. Commissioner Ziccarelli noted that he visited the site and viewed the properties from the north and the south. He described what he saw; Lot 22 does not border the LTD property, Lot 23 borders green space on the LTD property and Lot 24 borders the LTD parking lot. He noted that the LTD loading dock is behind the first lot in the Oak Knoll Subdivision, just east of the three lots. He stated appreciation for the testimony from the neighbors regarding the lawsuit and the light and sound impacts. He stated however that he is not convinced that the three lots are a key to mitigating impacts from LTD on the surrounding neighborhood. In response to questions from Chairman Reisenberg, Ms. Czerniak confirmed that LTD is located in Bannockburn and not within the City of Lake Forest. She clarified that if the Plan Commission recommends rezoning of the properties, the City Council would need to adopt an Ordinance. She offered that the Council could choose to adopt first reading of the Ordinance and hold off on final approval to allow time for further discussions about options for the parcels. She stated that if the Council chooses to proceed in a manner that would require an amendment to the plat of subdivision, the matter would come back before the Plan Commission. Chairman Reisenberg noted that the Homeowners’ Association has many grievances and he expressed interest in seeing that the Association has a forum to air grievances and discuss options with the City. Plan Commission Minutes – June 14, 2012 Page 9 He noted that most of the testimony presented to the Commission was not about rezoning, but about the potential sale of the lots. In response to questions from Chairman Reisenberg and Commissioners Ley and Anderson, Ms. Czerniak offered that the Commission could recommend that the City Council set a process to allow further discussions with the neighboring properties based on the willingness and interest the Commission heard from the neighbors in continuing to be involved in discussions and any ultimate decisions about these three parcels that currently buffer the neighborhood. Commissioner Kuchman stated that he understands the direction from the City Council, but is not comfortable recommending rezoning of the properties without further discussion between City and the neighboring residents who appear to have some interest in acquiring the properties. He questioned whether there is a reason for advancing the rezoning of the properties at this time or whether there is a legal reason why further discussions cannot occur prior to the rezoning. Commissioner Ziccarelli questioned whether this matter should be sent to the City Council if the discussions are incomplete and questioned whether a continuance by the Commission would be appropriate. Ms. Czerniak commented that the unfinished business is really related to the disposition of the property which is not under the Plan Commission’s purview. She noted that the City Council has declared the properties as surplus and the question of how they will be disposed of is one that must be resolved by the Council. She noted that as part of the earlier discussions, the Homeowners’ Association offered to purchase the three properties for a very small sum which was not acceptable to the City Council. She stated that given the number of meetings with the neighbors to date on this matter and the past correspondence all without achieving resolution, the Council determined that proceeding with the rezoning of the properties is appropriate at this time. Commissioner Anderson stated support for forwarding a recommendation on the rezoning with two recommendations to the Council addressing the following; a process condition recommending full exploration of all options for disposal of the properties and a practical condition recommending the establishment of a wooded buffer along the south property line. Commissioner Ley stated empathy with the need to be careful with what happens to the lots. He stated his opinion that the rezoning may set the stage for good faith negotiations. Chairman Reisenberg stated agreement with the comments of Commissioner Ley. He stated that the only way for the groups to get together may be to move the rezoning forward. He stated that he does not know what has occurred in the past, but commented that moving this forward may force the discussions. He stated support for forwarding recommendations to the City Council encouraging further discussions. He stated that the past delays with respect to this issue have not been productive and future delays are not likely to produce different results. In response to a question from Commissioner Kuchman, Ms. Czerniak explained that the Council’s Property Disposition Policy calls for zoning property to an appropriate district before marketing property. In response to a question from Chairman Reisenberg, Ms. Czerniak confirmed that aldermen have been involved in these discussions over the years and most recently, as members of the Property and Public Plan Commission Minutes – June 14, 2012 Page 10 Lands Committee. She stated that the Property and Public Lands Committee have been kept apprised of all meetings with the neighbors and all of the study that has occurred pertaining to the three lots. She emphasized that this is not a staff driven initiative, but one that has been directed by the City Council. Commissioner Anderson made a motion to recommend approval of the zone change from OA to R-4 with strong recommendations to establish a barrier along the south property lines of Lots 23 and 24 and to continue discussions with the Homeowners’ Associations and other neighbors in an effort to explore all options for the long term disposition of the properties. The motion was seconded by Commissioner Ley. The Commission worked through the language of the recommendations. At the request of Chairman Reisenberg, Ms. Czerniak reviewed the recommendations as discussed by the Commission: 1. The Property and Public Lands Committee of the City Council should enter into good faith discussions with representatives of the Wedgewood Homeowners’ Association and interested neighboring property owners to pursue all options that might be related to the disposition of the properties. 2. The Plan Commission further recommends the establishment of a 50’ tree preservation area along the south property line of the two eastern properties, Lots 23 and 24, to serve as a buffer by requiring that the existing density of trees and vegetation in this area be preserved and enhanced as necessary over time to replace trees and vegetation that are no longer viable. The motion having been previously seconded by Commissioner Ley and was approved by the Commission by a vote of 4 to 1 with Commissioner Kuchman voting nay for the reasons he previously stated. 7. Public testimony on non-agenda items. There was not public testimony on non-agenda items. 8. Additional information from staff. There was no additional information presented by staff. The meeting was adjourned at 8:30 p.m. Respectfully submitted, Catherine Czerniak Director of Community Development