Title
Every Bloomin' Thing - Special Use - Public Hearing
History
Every Bloomin’ Thing, a locally owned nursery facility, located at 9648 W. 159th Street was granted a Special Use Permit in 2003. The original petition for this project, submitted in 2002, included requests for site plan approval, landscape plan approval, subdivision approval and a Special Use Permit to allow for multiple buildings on one site. The original approved site plan, landscape plan and engineering plan, as well as the most recent site plan and landscape plan are attached for review.
The Village Board approved the site plan, subdivision and Special Use Permit on February 27, 2003, subject to the following conditions:
Special Use Permit Approval Conditions
1. That a 5-foot wide sidewalk that connects to the existing sidewalk to the east is installed in front of the property along 159th Street.
Subdivision Approval Conditions
1. That curbs within the parking lot areas are shown on the Site Plan and curbing details are shown on the Engineering Plan for this project;
2. That outstanding Building Department, Fire District and Engineering Department issues noted in the report are addressed prior to consideration of this proposal by the Village Board;
3. That the petitioner returns for approval of the Landscape Plan and a Signage Plan within 60 days;
4. That a photometric plan be submitted to staff for approval; and
5. That the petitioner consider taking deliveries between the hours of 7:00 a.m. and 9:30 p.m.
In 2004, the Village sent a reminder letter to the petitioner highlighting the conditions of approval that had not yet been completed. In 2005, it was noted that the site had not been improved according the Board approved site plan. Specifically, the property was missing pavement and curbing on the parking lots and the required 10’ landscape bufferyard on the north side of the property. The sidewalk along 159th Street had not been installed and the landscape plan had not been approved. The petitioner also had not applied for a subdivision to consolidate the multiple lots. In addition, it appeared that some of the nursery display area and fencing encroached onto the 159th Street right of way.
The petitioner contended that the plan approved by the Village Board no longer worked for his property and that he did not have the funds to implement the required site improvements. He also stated that the proposed sidewalk would interfere with the existing fence and display area. The Planning and Economic Development Committee introduced a motion that would remove the condition of the 159th Street Sidewalk from the approval. Although this motion was approved 2-1 at the Committee level, it failed 5-2 at the Village Board level.
After the Board meeting, Village staff worked with the petitioner to devise a site and landscape plan that compromised between the original Board approved plan and the petitioners concerns. The revised plan and landscape plan were approved by the Village Board in early 2007 subject to the condition that all site improvements be completed by June 30, 2007.
The petitioner raised concerns regarding the sidewalk and claimed to not have the resources to complete a permit application. Public Works staff met with the petitioner on site to discuss the 50/50 program which would result in a reimbursement based on construction costs. Instead, Public Works agreed to prepare the drawings and submit all the appropriate permit paperwork to IDOT for the sidewalk in lieu of the 50/50 program. The permit was submitted for review on April 24, 2007 but has not yet been granted from IDOT. Village staff inspected the site multiple times from early July 2007 to the present. Although the curbing along the north parking lot had been constructed, the gravel lot had not been paved and the required landscape material had not been installed.
In March of 2007, the petitioner applied for and was granted a six-month temporary tent permit to allow for a temporary greenhouse structure on the property. The petitioner has indicated his desire to allow the structure to remain as a permanent structure. Unfortunately, the structure, as constructed, does not meet current Village Code (special use and building) requirements. In order to allow the structure as permanent, the current codes would have to be amended. An amendment of this kind would allow for all display tents in the Village to be installed year round.
On 09/07/2007, the Village sent a letter to the petitioner notifying him of the intent to revoke the Special Use Permit to the site and provided the public hearing date of October 1, 2007. The Village, under the Mayor’s Business Retention program, could consider offering the petitioner a loan in order to complete the required site work. However, the owner has indicated that timing of the construction would still be an issue - as he does not desire to have his parking lot under construction until November, which may not be weather permitting.
The timeline below provides a detailed history of the project.
1996-2002
Community Development Committee Action: Legistar Number 1996-0461
June 24, 1996: Community Development Committee recommended approval of seasonal sale of farm produce.
Village Board Action 1996-0461
July 1, 1996: The Village Board of Trustees approved seasonal sale of farm produce.
2002-2003
Plan Commission Action: Legistar Number 2002-0648
November 26, 2002: Plan Commission recommended approval of Special Use subject to the following condition: that a 5-foot wide sidewalk that connects to the existing sidewalk to the east is installed in front of the property along 159th Street. Plan Commission also recommended approval of Subdivision, Site Plan subject to the following conditions: 1. That curbs within the parking lot areas are shown on the Site Plan and curbing details are shown on the Engineering Plan for this project; 2. That outstanding Building Department, Fire District and Engineering Department issues noted in the report are addressed prior to consideration of this proposal by the Village Board; 3. That the petitioner returns for approval of the Landscape Plan and a Signage Plan within 60 days; 4. That a photometric plan be submitted to staff for approval; and 5. That the petitioner consider taking deliveries between the hours of 7:00 a.m. and 9:30 p.m.
Community Development Committee Action: Legistar Number 2002-0648
January 27, 2003: Community Development Committee recommended approval of Special Use, Subdivision, Site Plan subject to the conditions as listed above.
Village Board Action: Legistar Number 2002-0648
February 27, 2003: The Board of Trustees approved a Special Use, Subdivision and Site Plan subject to the conditions, as listed above.
Village Board Action: Legistar Number 2002-0648
March 24, 2003: The Board of Trustees Granted a Special Use Ordinance (#3739) to Every Bloomin’ Thing
02/11/2003 - Request sent by Thomas Durkin of Arete 3 to allow for a 1 year time frame from Village Board approval for the installation of the sidewalk along 159th Street. Request approved and a date of February 17, 2004 was added to the ordinance language.
02-11-2003 - Board submittal included landscape plan for review but not for approval. Board submittal did not address Plan Commission condition of curbing.
04/24/2003 - Final Plan memo and Board conditions sent to Bob Buikema.
2004-2005
08/30/2004 - Letter sent to Bob Buikema from Bob Sullivan highlighting the outstanding conditions of Board approval including the sidewalk, curbing and photometric plan.
Plan Commission Action: Legistar Number 2005-0685.1
This item did not ever appear before Plan Commission because it was an item that was introduced at the Committee level.
Planning and Economic Development Committee Action: Legistar Number 2005-0685.1
October 24, 2005: Planning and Economic Development Committee, by a vote of 2-1 recommended to the Village Board to approve amending the approved plan to remove the condition to construct the sidewalk along the frontage of the property subject to an engineering review; and 1. That if 159th Street gets redone the sidewalk has to go in or if the property is redeveloped the sidewalk has to go in; 2. That all proper permits that should have been obtained be obtained; and 3. That all previously unenforced to date aspects of the original Ordinance be enforced prior to any of the above except for the sidewalk.
Village Board Action: Legistar Number 2005-0685.1
November 21, 2005: The Village Board of Trustees, by a vote of 5-2 failed to approve to amend the approved plan to remove the condition to construct the sidewalk along the frontage of the property subject to an engineering review; and 1. That if 159th Street gets redone the sidewalk has to go in or if the property is redeveloped the sidewalk has to go in; 2. That all proper permits that should have been obtained be obtained; and 3. That all previously unenforced to date aspects of the original Ordinance be enforced prior to any of the above except for the sidewalk.
11/08/2005 - Original Landscape Plan sent to Planning Resources Incorporated for review. This plan included the 10’ bufferyard on the north property line.
12/14/2005 - Landscape Plan comment letter received from PRI. Review never completed due to changing site plan.
2006
01/11/2006 - Discussed at Development Review. Existing conditions do not include 10’ north landscape buffer. No approval to remove back bufferyard.
02/03/2006 - Village Staff met Bob Buikema on site to discuss plan. Concluded that we should add one more island in the center of the parking area and encouraged Bob to explore at least a 3’ buffer along the fence with curbing that would provide some landscape area while not decreasing available parking. In addition, Bob agreed to move the dumpster to the west side of the property and add some additional landscaping to the proposed east parking lot islands.
02/06/2006 - An email sent from Bob Buikema’s architect indicated that he did not actually want to move the dumpster to the west edge. In addition, instead of a concrete curb, Bob would prefer to install a low landscape wall that would create an elevated area for seasonal plantings. Village Staff indicated that the low wall would be acceptable if designed properly and that leaving the dumpster in the center would be acceptable as long as adequate landscape islands were provided on each side for screening.
03/14/2006 - Public Works Staff measured sidewalk and sidewalk west of property for installation.
03/27/2006 - Public Works Staff dropped off form for reimbursement as part of 50/50 program which is only applicable if petitioner does all permitting and contracting on his own. Indicated that once installed, Village would reimburse up to $3,506.25.
09/27/2006 - Discussed at Development Review. Sidewalk supposed to go in this season. IDOT (Carlos) gave Bob Buikema a checklist of what needed to be done. Drawings & topography issues - sidewalk will be lower than the street. R.J. wants parcel to the west to be included. Need cost estimate from contractor if Village is to do the work - then need check from Buikema. He is working with Arete 3 on revised plan.
10/25/2006 - Discussed at Development Review. Sidewalk job set up by Public Works; draft letter to Buikema - in default of Special Use; need plan in next 10 days or will revoke Special Use - for Village Manager's signature.
2007
01/10/2007 - Discussed at Development Review. Petitioner submitted plan with timeline; sidewalk location depends on IDOT approval; need to clarify responsibilities for sidewalk (permit, contractor, 50/50 program); Village to apply for IDOT permit including parcel to west.
Planning and Economic Development Committee Action: Legistar Number 2005-0685
January 22, 2007: The Planning and Economic Development Committee recommended to the Village Board approval of the revised site plan titled, “Every Bloomin’ Thing,” prepared by Arete 3 LTD., job number 06311, dated 12-12-06, sheets SP-1 and LP-1, subject to the following condition: 1. That the sidewalk and all related site improvements must be installed by June 30, 2007.
Village Board Action: Legistar Number 2005-0685
February 5, 2007: The Village Board of Trustees approved the revised site plan titled, “Every Bloomin’ Thing,” prepared by Arete 3 LTD., job number 06311, dated 12-12-06, sheets SP-1 nad LP-1, subject to the following condition: 1. That the sidewalk and all related site improvements must be installed by June 30, 2007.
02/14/2007 - Discussed at Development Review. Public Works will do sidewalk plan and Buikema can use Village’s sidewalk contractor and he pays contractor; Public Works to get State permit.
03/14/2007 - Discussed at Development Review. Public works preparing permit for sidewalk, RJ to deliver to IDOT.
03/30/2007 - Bob Buikema applied for, and was granted a Temporary Structure Tent Permit (permit number 07-423) good for 6 months at a value of $35,000.
04/24/2007 - Public Works Staff submitted IDOT Permit for sidewalk. Included two sets of plans for 500 linear feet of concrete.
06/04/2007 - Reminder letter sent to Bob Buikema regarding outstanding conditions and deadline of June 30, 2007 for completion.
06/20/2007 - After review, IDOT asked about fence and encroachment into right of way.
07/05/2007 - Village inspection of site confirmed that curbing had been installed but nothing else.
08/29/2007 - Village Staff met with Bob Buikema’s attorney to discuss outstanding issues including the sidewalk, parking lot paving and landscaping. Attorney indicated that Bob Buikema is interested in making the temporary tent structure a permanent tent structure.
09/07/2007 - Letter sent from Village Manager to Bob Buikema stating the Village’s intent to revoke the Special Use Permit for Every Bloomin’ Thing. The letter is attached for review.
09/12/2007 - Confirmation received the Every Bloomin’ Thing was published for the October 1, 2007 Village Board meeting.
09/24/2007 - Record Plat of Subdivision application received. Received letter from their attorney requesting an extension of time for the temporary tent permit under after the public hearing. They will be requesting another temporary tent permit or an amendment to their existing special use. The Letter is attached for review.
On October 1, 2007 the Village Board moved to continue the public hearing for Every Bloomin' Thing to the October 15, 2007 Board of Trustee Meeting.
This is now before the Village Board for consideration.
Recommended Action/Motion
I move to approve adjourning the public hearing for Every Bloomin' Thing.