Site plan OKed with conditions

Site plan approval was granted with a laundry list of contingencies Nov. 22 for development of a 19,644-square-foot retail/office building on S. Washington St. between Broadway and Ensley streets.
Oxford Village Planning Commissioners voted 6-1 to approve the ‘Broadway Plaza? site plan contingent on the 10 issues spelled out by officials being addressed by the applicant including how the development would affect the parking needs of an adjacent parcel.
If the plan proceeds, it calls for construction of a two-story building on two parcels, currently occupied by Jeff’s Tire & Auto Service (72 S. Washington St.), some vacant land and an unoccupied green house.
The green house and majority of the vacant land to the north is owned by Fred Hadid, who also has a purchase agreement in place with Jeff and Marsha Quandt to buy their auto repair facility and the land surrounding it.
The proposed two-story building would consist of 9,003 square feet of retail space and 10,283 square feet of office space. According to Jake Porritt, the Orion attorney representing Hadid, some potential tenants of the retail spaces include Panera Bread, Baja Fresh, Cold Stone Creamery and Caribou Coffee.
On Nov. 8, the village council approved a $1-per-year/25-year lease agreement with Hadid whereby he agreed to pave the two approximately 75-foot-wide village-owned parcels behind the privately-owned properties between Broadway and Ensley streets.
According to the lease, which is contingent on site plan approval by the planning commission, Hadid will ‘pave? the ‘entire alleyway? in accordance with the village’s engineering standards and specifications, and develop a ‘free public parking? area with ‘a minimum of 40 parking spaces,? all at his ‘own expense.? The new paved alleyway would be 22-feet wide with two lanes and two-way traffic, according to Manager Joe Young.
Hadid also agreed to ‘fully maintain the parking area . . . including timely repair, snowplowing and the like,? according to the lease agreement.
This lease gives Hadid the required amount of off-site parking necessary to accommodate his proposed commercial building, but his right to use the village property is ‘non-exclusive.? The plan calls for a total of 89 parking spaces ? 26 on-site and 63 off-site on the village-owned property Hadid is leasing.
Concern over how Hadid’s use of this off-site parking would affect the parking needs of future development on the southern parcel adjacent to the green house (the vacant Community Insurance Center building at 90 S. Washington St.), prompted planning commissioners to request the following condition as part of their motion:
‘The legal opinion of the village attorney that this will not impair the properties to the south or that an interpretation by the Zoning Board of Appeals be made or the parties of the two parcels reach some sort of agreement in accordance with the village code of ordinances.?
The lease does prohibit other private property owners from being allowed to use the improved parking spaces to be compliant with zoning requirements without ‘giving full reimbursement? to Hadid in today’s dollars for how much he spent to develop the needed spaces.
The other property owner is also required to assume a ‘proportionate share of the ongoing expenses for maintenance? of the area, according to the lease agreement.