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2010-10-20 - Plan Commission - Minutes Board or Commission: ❑ Plan Commission Document Type: ❑A e g nda 0 Minutes Meeting ate: 10/20/2010 Type of Meeting: PUBLIC HEARING BUFFALO GROVE PLAN COMMISSION October 20, 2010 Jump Zone, 1465 Busch Parkway— Special use for an indoor Recreation facility in the Industrial District Chairman Ottenheimer called the hearing to order at 7:30 p.m. in the Village Council Chambers, Buffalo Grove Municipal Building, 50 Raupp Boulevard, Buffalo Grove, Illinois. Chairman Ottenheimer read the Notice of Public Hearing as published in the Buffalo Grove Daily Herald, explained the procedure to be followed for the public hearing, and swore in all persons who wished to give testimony. Commissioners present: Chairman Ottenheimer Mr. Smith Ms. Bocek Mr. Khan Mr. Stark Mr. Cohn Ms. Myer Mr. Weinstein Commissioners absent: Mr. Teplinsky Also present: Ms. Bernice Elenz, Jump Zone Mr. Tom Elenz, Jump Zone Ms. Beverly Sussman, Village Trustee Mr. William Raysa, Village Attorney Mr. Robert Pfeil, Village Planner The following exhibits were presented by the petitioner at the public hearing: Exhibit A: Parking Study at the site for 2 '/z week period Exhibit B: Memo from Mr. Robert Pfeil to the Plan Commission dated October 14, 2010 Mr. Tom Elenz stated Jump Zone is a franchise that offers safe and active play in a comfortable park like setting. The core attractions are large play structures such as slides, obstacle courses and bouncers. The parties cater to 3-9 year old children and they are accompanied by an adult. There are two primary services offered; private parties and walk in play sessions with peak business occurring between Friday afternoons and Sunday evening. The proposed hours of business are Wednesday 10:00 am to 2:00 pm, Thursday 10:00 am to 2:00 pm and 4:00 pm to 8:00 pm, Friday 10:00 am to 2:00 pm and 4:00 pm to 8:00 pm, Saturday 9:00 am to 8:00 pm and Sunday 11:00 am to 6:00 pm. They are closed on Mondays and Tuesdays. He further noted there will be no food preparation on site. The food products to be sold are prepackaged food items such as pizza, canned drinks, juice boxes, chip bags and packaged candy. Pizza would be the primary food item for sale and they will contract with a Buffalo Grove vendor to provide the produce. They will not have any reusable utensils that would need to be washed as they will provide plastics disposable forks, spoons, napkins and paper plates. Mr. Elenz stated the average number of children per birthday party is 15 with the capability of running three parties at the same time for an average of 45 children occupying the site at any one time. He stated they plan to have eight employees working during the peak times of operation. Also, the facility will be secured by video cameras with 100 percent coverage to provide a safe environment for customers. Chairman Ottenheimer noted there are a number of criteria that must be established in order to obtain a special use. Chairman Ottenheimer noted the special use will serve the public convenience at the location of the subject property; or the establishment, maintenance or operation of the special use will not be detrimental to or endanger the public health safety, morals, comfort, or general welfare. Mr. Elenz stated the enterprise is basically a fun entertainment business accompanied by parents and the children would be supervised by parents. There would be video surveillance throughout the facility and they would have only one door to get out. All other doors would be alarmed except for the front door. Mrs. Elenz noted the children are wrist banded when they come in so they are associated with a particular party and there is a person assigned to that particular party to maintain the children in the drop off situation. Chairman Ottenheimer noted the location and size of the special use, the nature and intensity of the operation involved in or conducted in connection with the special use, the size of the subject property in relation to such special use, and the location of the site with respect to streets giving access to it shall be such that it will be in harmony with the appropriate, orderly development of the district in which it is located. Mrs. Elenz noted you want everyone to have a pleasant experience when they come. Parking in Industrial Districts is typically low. What attracted them to this property was that there was ample parking available. She stated they did a study with an actual analysis of parking data over a 2 '/z week period. The building has in effect three sections of parking. 69 spaces are available for their use as well as 23 spaces in the back and another side has 56 spaces available. They did an analysis to see how many parking spaces were open specifically during the times they would be operating between 10:00-11:00 am during the week as well as weekends at 10:00 am, 1:00 pm and 4:00 pm. The analysis shows there is typically a tremendous amount of parking available. Since Saturday is their peak time they are showing that on Saturday, October 9, 2010 at 1:20 pm there were only 11 cars on their side of the building of the 69 available. There were no cars in the back parking lot and the other side only had 1 car. The landlord has also assured them that parking beyond their 20 spaces is not an issue and they are allowed that. They are not infringing on other tenants and they are making it very pleasant for the people coming. Chairman Ottenheimer stated the third criteria states the special use will not be injurious to the use and enjoyment of the other property in the immediate vicinity of the subject property for the purposes already permitted in such zoning district, nor substantially diminish and impair other property valuations with the neighborhood. Mrs. Elenz stated most of the businesses do not operate on the weekends or evenings. The only other businesses who seem to operate at the same time is Joy of the Game which is an indoor batting facility and they only had about 23 cars at one point in the afternoon which if there are 69 spots, the remainder of those and the 23 in the back shows it would not infringe on their business. Mr. Elenz noted it may actually complement their business. Chairman Ottenheimer noted the fourth criterion speaks for itself. Chairman Ottenheimer stated the fifth criteria as adequate utilities; access roads, drainage, and/or other necessary facilities have been or will be provided. He noted they have all been provided already. Chairman Ottenheimer noted the parking criterion has already been addressed. Mr. Elenz noted that one of the things that drew them to this location in Buffalo Grove was the fact that this industrial area is one of the most beautiful in the area and they think that with the size of the beautiful location it will make for a very successful business. There are also two other children's businesses in the area and they will all complement each other grow. Commissioner Stark asked if there might be potential for parties during the week during school breaks or holidays. Mrs. Elenz stated during a spring break or holiday break they would have open play time which is where people can come in just to let their kids run around and let themselves go. When they did the parking study and looked during the week and the hours they would be open they will have more than enough parking even while the regular businesses were operating. Commissioner Stark asked if parents would have the opportunity to drop off the kids. Mrs. Elenz stated during open play the parents must stay with the children. Chairman Ottenheimer asked if there would be an employee available to help supervise the drop offs and help kids in. Mrs. Elenz stated no as the parents actually have to physically walk the children in where they are given colored wrist bands to match the color of the party and then the parents know which room to come to for pick up. Mr. Elenz stated they have also arranged for the front desk to be right by the front door. In order for a child to come in or out they will have to walk past an employee. Commissioner Myer asked how the kids are supervised during open play times. Mrs. Elenz stated they will come in and get a wrist band. The parents will be required to stay with them and there will be employees throughout the floor supervising the various inflatables to make sure the kids are safe. There will also be two people at the front desk to make sure kids are coming in and out appropriately with the proper adult. Commissioner Myer asked if there is a maximum per inflatable. Mr. Elenz stated yes, according to the size of the inflatable. The number of kids per inflatable will be posted. Mrs. Elenz stated there is a computer software system that keeps track of how many kids are coming in. Commissioner Smith asked if there will be activities for older children as well. Mr. Elenz usually by the time they are 12 it becomes a safety issue and they will be too big. Commissioner Smith asked what the most number of people would be at peak day and time. Mr. Elenz stated that would probably be Saturday between 10:00 a.m. and 6:00 pm. where the most spaces necessary would be 45-50. Commissioner Weinstein asked if there are any concerns if in the future the industrial area should become busier. Mr. Elenz stated as far as truck traffic they have not seen much at all during the time they have been out. They would have to look at that in the future if it were to happen. Mrs. Elenz stated they are very comfortable since the parents do have to walk the children in and out. So even with some heavier truck traffic, it would still be the parents walking the kids. Trustee Sussman asked if parents can leave after the children have their wrist bands on. Mr. Elenz stated parents must stay with kids 3-5 years of age but other parents can leave. Trustee Sussman asked how the kids can be running around inside on inflatables without enough supervision at the parties. Mrs. Elenz stated they will have employees that always cover the floor. Typically on a Saturday they will have 4-5 employees just to cover the inflatable area. Mr. Elenz stated that if it is a birthday party, each party gets their own party planner and then there are the additional 4-5 people out on the actual floor. There being no further comments or questions from anyone else present, Chairman Ottenheimer closed the public hearing at 8:03 p.m. Respectfully submitted, Fay Rubin, Recording Secretary APPROVED BY: LESTER OTTENHEIMER, Chair Board or Commission: ❑ Plan Commission Document Type: 0 A e g nda 0 Minutes Meeting ate: 10/20/2010 Type of Meeting: ❑ Regular Meeting REGULAR MEETING BUFFALO GROVE PLAN COMMISSION October 20, 2010 Jump Zone, 1465 Busch Parkway— Special use for an indoor recreation Facility in the Industrial District Alternative/Renewable energy systems —zoning regulations Chairman Ottenheimer called the meeting to order at 8:03 pm in the Village Council Chambers, Buffalo Grove Municipal Building, 50 Raupp Boulevard, Buffalo Grove, Illinois. Commissioner present: Chairman Ottenheimer Mr. Smith Ms. Bocek Mr. Khan Mr. Stark Mr. Cohn Ms. Myer Mr. Weinstein Commissioners absent: Mr. Teplinsky Also present: Ms. Bernice Elenz, Jump Zone Mr. Tom Elenz, Jump Zone Ms. Beverly Sussman, Village Trustee Mr. William Raysa, Village Attorney Mr. Robert Pfeil, Village Planner APPROVAL OF MINUTES Moved by Commissioner Smith, seconded by Commissioner Bocek to approve the minutes of the public hearing of May 5, 2010. All Commissioners were in favor of the motion and the motion passed unanimously with Commissioners Ottenheimer and Khan abstaining. Moved by Commissioner Smith, seconded by Commissioner Weinstein to approve the minutes of the regular meeting of May 5, 2010. All Commissioners were in favor of the motion and the motion passed unanimously with Commissioners Ottenheimer and Khan abstaining. Moved by Commissioner Weinstein, seconded by Commissioner Bocek to approve the public hearing minutes of May 19, 2010. All Commissioners were in favor of the motion and the motion passed unanimously with Commissioners Smith, Khan and Cohn abstaining. Moved by Commissioner Smith, seconded by Commissioner Weinstein to approve the minutes of the regular meeting of May 19, 2010. All Commissioners were in favor of the motion and the motion passed unanimously with Commissioners Smith, Khan and Cohn abstaining. COMMITTEE AND LIAISON REPORTS Commissioner Bocek attended the Village board meeting on June 7, 2010. The ordinance for Kids and Company, 1425 Busch Parkway, for a special use in the Industrial District was approved. The resolution was approved authorizing a site lease between the Village of Buffalo Grove and T-Mobile. Also approved was the resolution commending the service of retiring Village Manager, Bill Brimm. She further noted there was discussion about the Industrial Drive annexation off of Aptakisic Road with the four property owners which are in Lincolnshire and one parcel in unincorporated Lake County. The owners want to maintain the current uses. Buffalo Grove is interested in annexing the properties for redevelopment. Prior to redevelopment it would be advantageous for Buffalo Grove to have control concerning the uses. Mr. Pfeil noted that the annexation agreements for the Industrial Drive properties are being drafted. There are issues concerning the current uses, many of which would be nonconforming under Buffalo Grove's zoning regulations. The agreements will try to balance the interests of the property owners concerning continuing current uses while providing a framework to encourage redevelopment of the area as a planned industrial development. Commissioner Bocek noted that part of the discussion was that there is no petitioner interested in the properties, so the Village does not need to move ahead immediately with the annexations. Commissioner Bocek noted there was also the public hearing amending the annexation agreement for the Aptakisic Creek Corporate Park. The developer is requesting a variation to the 30 foot setback as well as the landscaping and parking as part of the plan proposed by Leica. The hearing was concluded and the Board approved the amendment. Commissioner Stark stated he attended the Village board meeting on July 12, 2010 and there were no referrals to the Plan Commission. Commissioner Cohn stated he attended the Village Board meeting on October 4, 2010 and the only matter referred was the one we heard tonight for Jump Zone. Commissioner Cohn noted that the Land and Lakes Landfill was again the topic of discussion at the October 4, 2010 Village Board meeting. He said that Trustee Stone stepped down from the dais to speak during "Questions from the Audience" as a citizen rather than as an elected official. He commented that he also spoke as a citizen during this portion of the meeting. He noted that the Illinois EPA is an agency tasked with enforcing environmental laws in the state of Illinois. The IEPA is vested with the authority and has the expertise to monitor landfill facilities. He suggested that the Village Board allow to the IEPA to do its job. He noted that it is not useful for the Board to spend time on this matter since the IEPA is responsible for handling issues pertaining to management of the facility and can require remediation if necessary. Mr. Cohn noted that the Daily Herald published an article referencing his comments, and Trustee Stone commented about the article online in the Daily Herald , pointing out that Mr. Cohn works at the same law firm as Trustee Berman. Mr. Cohn said that he believes the innuendo is that his comments as a citizen at the Village Board meeting were made to please Trustee Berman. This is not true — his comments were made based on his experience with environmental issues and as a resident of the Village. Mr. Cohn noted that Trustee Stone's online comments also referred to his being a member of the Plan Commission in 2005 and Mr. Berman being a member of the Village Board at that same time, with the innuendo that Mr. Cohn was part of the whole theoretical conspiracy related to suppressing the Shaw report concerning Land and Lakes. He noted the first time he ever saw the Shaw report was in 2010 after he filled out the request form on the Village web site. He noted the issue came up once again at the October 18th Board meeting when Trustee Stone again pointed out that he works at the same law firm as Jeff Berman. Trustee Berman noted at the meeting that Mr. Cohn does not relinquish his First Amendment right to speak just because he works at the same firm, nor does it affect Mr. Cohn's objectivity. JUMP ZONE, 1465 BUSCH PARKWAY — SPECIAL USE FOR AN INDOOR RECREATION FACILITY IN THE INDUSTRIAL DISTRICT Moved by Commissioner Weinstein, seconded by Commissioner Smith to recommend approval to the Village board of the petition for approval of a special use for a recreation facility in the Industrial District at the property commonly known as 1465 Busch Parkway. Commissioner Weinstein stated he is familiar with some of these facilities and they are also in Industrial Districts in other communities so it is not an uncommon idea. He further noted he feels the parking at this facility will be adequate and certainly makes sense, given what is already there, that this be recommended favorably to the Board. Chairman Ottenheimer called for a vote on the motion and the vote was as follows: AYES: Smith, Bocek, Khan, Stark, Cohn, Myer, Weinstein, Ottenheimer NAYS:None ABSENT: Teplinsky ABSTAIN: None The motion passed 8 to 0. ALTERNATIVE/RENEWABLE ENERGY SYSTEMS—ZONING REGULATIONS Mr. Pfeil noted that wind energy systems include large scale systems, over 175 feet in height, and small systems which are generally less than 175 feet in height. There are the classic turbine type applications and also building mounted systems. The technology for building mounted systems continues to create smaller and less obtrusive designs that are well—integrated into the roofs and walls of buildings. He commented that Buffalo Grove's zoning regulations currently require a special use approval for wind energy systems in all zoning districts. The Village has not received any petitions requesting approval of a wind energy system. He noted that Vernon Township has indicated interest in developing a system on the Prairie View station parking lot or on Township adjacent to Buffalo Grove Road. Mr. Pfeil noted that in residential situations in the Village many of the lots are not very large, so it will probably be difficult to implement free standing towers. Towers would be more feasible in industrial areas where larger setbacks can be provided from adjacent properties. Mr. Pfeil said that the Village's zoning regulations do specifically address solar panels on buildings. Solar panels can be installed on roofs in accordance with the building code standards. If a solar installation is an accessory structure, it would be subject to the applicable zoning regulations in terms of height and setbacks. Mr. Pfeil said that the Village zoning regulations do not address geothermal systems. Since these systems are usually underground, building and plumbing codes would be used to regulate the installations. Chairman Ottenheimer commented that the Village should be proactive concerning standards and regulations for alternative energy systems in order to be prepared for possible future proposals. Commissioner Stark noted that most homes go up to about 34 feet, and wind energy devices would be mounted mostly on roofs. He asked what the current zoning regulation is for an antenna or satellite dish that might protrude through the 35 foot barrier. Mr. Pfeil noted that antennas and communication dishes are allowed to exceed roof height. Wind energy systems need to be carefully considered because they are larger and have impacts such as noise. Some of these systems are well designed and relatively quiet and unobtrusive, so the regulations need to allow design flexibility while addressing impacts. Commissioner Weinstein stated he is generally in favor of Chairman Ottenheimer's comments about staying ahead of the curve. He suggested that this is technology that is constantly changing and do not want an ordinance with provisions that suddenly do not make sense in a short time and we should be flexible in what we put together. One concern is that this equipment could go into disrepair and cost of removal may be significant. The Village would want to control situations where the equipment is abandoned to make sure that there are provisions to address safety issues and for removal of the equipment. Commissioner Cohn asked about the nuisance issue in Libertyville related to a wind tower next to property there. Mr. Pfeil said there have been concerns from adjacent residents with both noise and vibrations. Some residents have complained about noise even though the decibel readings were within what the Village ordinance allowed. Commissioner Cohn noted it sounds like the landowner met the minimum regulatory standards and yet the neighbor was still disturbed which suggests that the minimum regulatory standards might not be enough. That is a situation where we as a village could make a more restrictive ordinance than what the standard is. We need to figure out what the technical issues were in that case and try to apply them here. Commissioner Cohn further noted that throughout the country there is a lot of nuisance litigation going on related to windmills. We should look into the example in Libertyville and some of the other litigation going on around the country and see what the issues are and see if the minimum standards of this ordinance should be more so. CHAIRMAN'S REPORT—None FUTURE AGENDA SCHEDULE Mr. Pfeil said the next meeting would be scheduled for November 17. PUBLIC COMMENTS AND QUESTIONS—None STAFF REPORT Mr. Pfeil said that the Village Board recently received an update presentation from the consultant working on the Dundee corridor improvements project. The project is focusing on enhancements to sidewalks, street crossings and landscaping to create safer and more attractive conditions for pedestrians. The improvements are mainly on public right-of-way rather than private property. There is a public input meeting scheduled for December 7, 2010. Mr. Pfeil commented that the Village Board has set up an ad hoc committee to address bikepath planning initiatives. The committee will evaluate the Village's bikepath system and study ways to improve and enhance it and make it more user-friendly. He noted the Northwest Municipal Conference continues to work on a regional bikepath plan, with an emphasis on linking communities. The bikepath project on Deerfield Road by the Lake County Division of Transportation and Riverwoods has been approved for a grant. This path will link Buffalo's Grove's sidewalk on Deerfield Parkway to the Des Plaines River Trail. Mr. Pfeil commented that there was a pre-application presentation to the Village Board concerning a residential development for the property at the southeast corner of Prairie Road and Route 22. The site has some challenging conditions relating to access and stormwater management. At the northeast corner of Route 22 and Prairie Road the owners of two parcels want to proceed with planning for a residential development. A third parcel has to be included in order to make the project feasible. The property owners have not made a presentation to the Village Board. This site is proximate to the Prairie View Metra station, and was designated for multi—family development in the transit station area study in 2006. Mr. Pfeil noted that if market conditions are adequate to support development projects in the Prairie View area, the Village should review planning for the area including consideration of zoning regulations and design guidelines to density and design issues. A Prairie View sub-area plan should be considered. NEW BUSINESS—None ADJOURNMENT Chairman Ottenheimer adjourned the meeting at 8:26 p.m. Respectfully submitted, Fay Rubin, Recording Secretary APPROVED BY: LESTER OTTENHEIMER, Chair