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2005-04-20 - Plan Commission - Minutes Board or Commission: ❑ Plan Commission Document Type: ❑A e g nda 0 Minutes Meeting ate: 04/20/2005 Type of Meeting: PUBLIC HEARING BUFFALO GROVE PLAN COMMISSION April 20, 2005 Prestige Auto Leasing 88 Dundee Road Special Use in the B-3 District for a motor vehicle sales and leasing facility 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 Ms. Kenski-Sroka Mr. Khan Mr. Teplinsky Mr. Cohn Commissioners absent: Mr. Stark Also present: Mr. John Schiess, John Schiess & Associates Mr. Jamil Bou-Saab, Terra Engineering Ms. Josephine Bellalta, Altamanu Landscape Mr. Art Friedman, Prestige Auto Leasing Mr. William Raysa, Village Attorney Mr. Richard Kuenkler, Village Engineer Mr. Robert Pfeil, Village Planner Mr. Greg Summers, Associate Village Planner The following exhibits were presented by the petitioner at the public hearing: Exhibit 1: Zoning Map Exhibit 2: Photo of Existing Building Exhibit 3: Photo of Main Entry on Existing Building Exhibit 4: Photo of East View of Existing Building Exhibit 5: Photo of North Elevation of Existing Building Exhibit 6: Photo of West Elevation of Existing Building Exhibit 7: Site Plan, dated April 6, 2005 Exhibit 8: Lower Level Building Plan Exhibit 9: Upper Level Building Plan Exhibit 10: Rendering of Proposed Elevation Exhibit 11: Rendering of Proposed East Elevation Exhibit 12: Proposed Building Materials Sample Board Exhibit 13: Front Building elevation calling out the building materials Exhibit 14: East Side Elevation Exhibit 15: Rear Building Elevation Exhibit 16: West Building Elevation Exhibit 17: Proposed Landscape Plan Exhibit 18: Grading Plan Exhibit 19: Site Dimension Plan Exhibit 20: Site Drainage Plan Exhibit 21: Simulation of truck turning maneuvers Exhibit 22: Petition by residents of Cambridge on the Lake against proposed project Exhibit 23: Petition by residents of Grove Terrace Condominiums in opposition to the proposed project Exhibit 24: Memorandum dated April 15, 2005 to the Plan Commission from Robert Pfeil Mr. John Schiess stated they are asking for a special use permit to the B-3 District. Previously they had been seeking a zoning change from a B-3 to a B-4 and they have since amended their application to request a special use so that if the operators of this facility decide to relocate the B-3 District would stand as it does today and not require a zoning change. Mr. Schiess stated the proposed site is bounded by property zoned B-2 in Wheeling, B-4 to the north and B-3 of which it is a part to the west. To the south is a B-2 district and B-1 further to the west. Mr. Schiess noted the building is currently used as a medical office facility and the primary materials are brick with a shingled mansard roof and further reviewed the various building elevations. Mr. Schiess noted they are not looking to expand the boundaries of the existing building. However, they are looking at putting on a new roof and a sign pylon. They are also reconfiguring the parking and paving over the area in the rear to access overhead garage doors as well as to the west of the building. They are also removing areas that are no longer of use to them and increasing the site green space by 760 square feet. Mr. Schiess further stated they are increasing the width of the driveway. It is now 21 feet wide and at the recommendation of staff and the Village Engineer they have widened the width to 24 feet and provided an adequate turning radius to facilitate cars coming in and out of that drive. Mr. Schiess stated the lower level in the rear provides for six service bays where the cars will be brought in to be prepped. He stated they are adding an elevator so that both floors can remain handicap accessible. Mr. Schiess stated the upper level plan shows the front entrance at the same location. He noted they will be removing some of the brick on the columns and creating a new canopy. There are a series of offices and support spaces on this upper level. Mr. Schiess stated their sign is approximately 12 feet by 2 '/z feet high. He noted the previous mansard roof located here has now been replaced by a vertical surface and standing seam metal roof. Ms. Josephine Bellalta stated they have incorporated new street trees all along the property line on Dundee Road and they have added a species of elm that is disease resistant. To incorporate another layer of trees they have added some larger 6 inch honey locusts on the other side of the sidewalk. As you come into the site they have added a row of flowering trees that are also 6 inches in size. To the west side of the building they have added six more elms of 6 inch size which will create a canopy. They have incorporated some birch trees to the back where the soil is moister and they have kept several of the periphery trees that are along the north and west side of the property. They will remove those that are dead or diseased and keep as many as possible. They have kept existing plant material along the two corners of the front building that are ornamentals and shrubbery. The rest of the site is covered mostly in sod except for the new area where Ecoloc pavers would be used on the west side display area. These pavers are porous, allowing stormwater infiltration rather than runoff. Mr. Jamil Bou-Saab stated they are removing most of the existing pavement on the site and replacing it with asphalt pavement. They will be grading the site pretty much the way it is with some minor improvements. Mr. Bou-Saab noted the sidewalk will be extended to meet the existing east and west neighbors and will be wider. There will be 15 foot radii at the entrance and exit of the site. Mr. Bou-Saab stated they did a fire truck vehicle simulation to show the entrance to the site and backup that shows there is no conflict in entering and exiting the site. Mr. Schiess stated they have received a traffic analysis from the Village Engineer which stated the 24 foot entrance drive is sufficient and they also concur that small delivery trucks can come in and navigate. He noted they have testified previously that there will not be any tractor trailers used here. The traffic movements will operate at an acceptable level of service at the Dundee entrance drive and the traffic increase at the nearby intersections would only be minimal in impact. Commissioner Kenski-Sroka asked for a summary on how this plan meets the criteria for a special use permit. Mr. Schiess stated they believe the special use will serve the public convenience at the proposed location. The location and size of the special use and the nature and intensity of the operation will be conducted specifically within the guidelines of this presentation. This is an auto leasing facility and not an auto repair facility. Further they believe that the special use will not be injurious or deter adjacent property owners from the enjoyment of their own facility. He stated they have not heard from either staff or any other consultant that the proposed use will have a negative impact on the existing uses in this district. The nature, location and size of the buildings and structures involved with this facility will not discourage any further development. He noted no testimony has been presented by anyone that would lead them to believe this current facility would actually impair other adjacent property owners from developing their property. He stated they have heard from the Village Engineer that adequate services are available. The roads leading to this facility are adequate. They have addressed the issue of drainage, turning radius and the width of the driveway. They have ensured that the parking area is adequate for this particular use and the exit and entrance is adequate for this use. They have made sure that all other applicable zoning ordinances have not been violated and are within the regulations of the zoning code. Commissioner Teplinsky asked if there would be any public address or other type of outdoor sound system. Mr. Schiess stated no. Commissioner Teplinsky asked about the delivery of vehicles. Mr. Schiess stated this is an auto leasing facility and it differs in its operation from a car dealership in that the people shopping here are sold on the particular they are going to lease. They do not necessarily come on site to browse. The primary business strategy is to retain customers through years of leasing and referrals. The primary business comes via telephone. The usual negotiations that are done in a dealership are all done prior to the customer arriving on the site. There also are fewer test drives as a result of that. Mr. Schiess stated the cars are delivered via a two car flatbed truck. A vehicle similar to the emergency vehicle used in the simulation is used. The cars are purchased at auctions where the operators of Prestige go and purchase individual cars usually for a direct buyer. Commissioner Teplinsky noted that at prior workshops there had been discussion about restricting the ability to test drive in residential areas. Mr. Schiess stated they have a restricted driving plan which goes west on Dundee to Buffalo Grove Road and back. It is a 2-mile route and the drives are all done with an employee of Prestige. He noted they have pre-printed route plans that are laminated and are clipped to the dealer plates. Therefore, the employee has a route plan in front of him to hand to the driver. Commissioner Bocek asked what the square footage of the building would be. Mr. Schiess stated it would be approximately 10,000 square feet. Commissioner Bocek noted the traffic study reflects 25,000 square feet. Commissioner Bocek asked if the trees to be removed on the north and west would be replaced. Ms. Bellalta stated not necessarily. At the moment the trees on the north and west side are fairly close together. She stated they will assess what is left after going out with public works and close up whatever gaps appear after removal. Commissioner Smith asked what the hours of operation would be. Mr. Schiess stated the hours of operation are 10:00 a.m. to 10:00 p.m. Monday through Thursday and 10:00 a.m. to 6:00 p.m. on Fridays and Saturdays. Commissioner Smith asked about the lighting plan. Mr. Bou-Saab stated they have selected fixtures with cut-off fixtures that will not spill light beyond the property. Commissioner Smith asked when the lights will be turned off. Mr. Schiess noted the lights will have timers to turn off one hour after the close of operations with the exception of a few lights on the building for security. Commissioner Smith asked for an estimate of the number of customers coming in per week and the number of deliveries per week. Mr. Schiess stated they are expecting car deliveries once per day and approximately 34 customers per week. Mr. Friedman stated he will probably have 1 to 2 deliveries per week in terms of trucks coming to the site. Mr. Friedman stated they are now averaging about 10 customers per day. Most of the business, however, is done by phone. Commissioner Smith asked if any of the services here will affect the drainage negatively. Mr. Kuenkler stated the drainage will remain essentially the same as the current condition. Chairman Ottenheimer asked if there were any interested persons who would like to conduct cross-examination on the petitioner's witnesses that have testified. Mr. Frank Sears, 50 Lake Boulevard, stated he is the authorized representative to speak for the Cambridge association which is comprised of 392 condominium homes. He stated the petition clearly states the repair shop at the rear of the building is for maintenance and repair and this is not for prep as the petitioner had stated. This is in reality an auto shop. Mr. Schiess stated that would be willing to modify the application to limit the wording so that it matches with their previous testimony. Mr. Irving Lewis, 50 Lake Boulevard, asked what the petitioner would define as prep work. Mr. Schiess stated he would define it as any activity that brings an automobile from the point it is received by the petitioner to the point it can be delivered to the buyer. Mr. Lewis asked if there would be no maintenance of a leased car returned with problems. Mr. Schiess stated would be considered prep for the future buyer of that car. However, there will be no body work, no engine work. This facility will not be equipped to handle that type of maintenance work. Mr. Lewis asked if there will be a lift or a pit installed for the oil changes. Mr. Schiess stated all six of the bays contain a life. Mr. Lewis asked if the hours of operation would be 10:00 a.m. to 10:00 p.m. Monday through Thursday. Mr. Schiess apologized for the confusion and noted the hours of operation would be 10:00 a.m. to 8:00 p.m. Monday through Thursday, 10:00 a.m. to 6:00 p.m. Friday and Saturday. Mr. Lewis asked if the sign dimensions of 12 feet by 2 feet is off the surface of the ground or off the surface of the roof. Mr. Schiess pointed out the sign on the exhibit. Mr. Lewis asked where the lights on the sign will be. Mr. Schiess stated the sign would be a back lit sign. Mr. Lewis asked how high up the sign is. Mr. Schiess stated it is 25 feet from the ground. Mr. Lewis asked how far east of Buffalo Grove Road the driveway entry to the facility is. Mr. Schiess stated the distance is somewhere over 300 feet. Mr. Lewis asked if exiting traffic would be able to make a left or right turn onto Dundee Road. He noted that because of traffic concerns he is wondering if customers would be allowed to make left turns. Mr. Bou-Saab stated they will look into the possibilities of a right turn in and out only when they go for a permit. However, right now traffic could turn either way. Ms. Susan Handman, 50 Lake Boulevard, stated that buying cars at auction means a great deal more than just prepping. Secondly, test drives on Dundee and Buffalo Grove Road on already crowded streets are useless. Mr. Schiess noted for test drives cars would exit westbound on Dundee, make a right turn on Buffalo Grove Road, proceed to Lake Cook Road, make a right going east to Elmhurst Road and make another right on Dundee back to the facility. Ms. Handman stated this will be creating a lot more traffic. Mr. Schiess stated that putting the cars on this particular route allows them to travel on major 4-lane roads thereby keeping the impact to a minimum. Ms. Gloria Frazin, 100 Lake Boulevard, stated 6 inch trees are way too small for the landscaping. Ms. Bellalta noted that in her trade a 6-inch tree means caliper which is measured in diameter. A tree with a 6-inch diameter trunk is actually a fairly large tree to be planting. She noted they normally plant trees between 2, 3 and 4 inches. This 6-inch tree would probably be in the range of 24 to 28 feet tall at planting time. Mr. Joe Cooper, 400 Dundee Road, asked if one delivery is to be made per week with two cars. Mr. Schiess stated there would be 1 to 2 deliveries per week and each delivery would contain no more than two cars. Mr. Cooper asked how many vehicles are sold per week. Mr. Schiess stated approximately 6 to per cars per week. He noted not all delivery of vehicles come on a two-car flat bed and some are driven to the site individually. They are purchased from other dealerships as new cars. Mr. Cooper asked how many cars are brought to the location per week. Mr. Schiess stated it varies depending on their business. They are almost a point of sale type of operation. Mr. Friedman stated they are a leasing company so they sell cars in several ways. They sell cars over the phone which means customers never get to the showroom. There are cars delivered either by truck or usually by porters picking up cars from different locations. They have trade-ins from customers. If they sell 20 cars per week, that does not mean they actually deliver 20 cars out of their lot. Customers do go to the dealerships to pick up cars but do the paperwork through them. Therefore, selling 20 to 30 cars per week does not mean they actually deliver that many cars off of their lot. Mr. Cooper asked if they stock used cars. Mr. Friedman stated yes they take trade-ins and they buy used cars. Mr. Cooper asked approximately how many used cars they expect to have on the premises in a week. Mr. Friedman stated it depends on how many cars are going to get delivered, how many customers will walk in and how many trade-ins they are going to make Mr. Cooper asked how many customers currently come in to pick up the vehicle and how many times are the cars delivered to homes or businesses. Mr. Friedman stated it is about 50-50. Mr. Cooper asked if the customers have to bring the cars back in for service. Mr. Friedman stated they do not do service. Mr. Cooper asked about oil changes. Mr. Friedman stated they lease a lot of new cars which are covered under the maintenance agreement through the manufacturer so there is no reason to bring the cars to them as they go to whatever dealers for service. Mr. Cooper asked where the repairs are made if a car has an engine problem. Mr. Friedman stated it depends on the problem. Mr. Cooper asked what kind of problem would be handled on the premises. Mr. Friedman stated the cars have manufacturer's warranties. He stated that 90 percent of the cars on his lot right have manufacturer's warranties which mean they must go back to a dealer. Mr. Cooper asked about the used cars. Mr. Friedman stated he can service used cars. However, the design of the building is not very customer oriented from the street and they are certainly not advertising service. Mr. Craig Horowitz, 883 Stonebridge Lane, asked why the need for such a large facility of 51,000 square feet if most sales are done by phone. Mr. Schiess stated the facility is 12, 360 square feet on two levels. Mr. Horowitz stated it sounds like the reason for this facility being so large is all the other things being done besides leasing such as used car sales and repairs. Mr. Horowitz stated a variance is being requested and asked if they have provided findings to justify the need for these variances. Chairman Ottenheimer noted they are asking for a special use, not variances. Mr. Horowitz asked if the petitioner had provided more detailed reasons for the special use request. Mr. Schiess stated they have submitted the application package along with the testimony. Mr. Horowitz asked for more detail about the request for the special use. Mr. Schiess stated he went through the request point by point and he also sited the fact that there was no testimony from staff or consultants contrary to the language in which the ordinance was written. Given the absence of that, it is their contention they do meet the criteria for a special use permit. Mr. Horowitz noted a similar operation attempted to put a similar operation at the corner of Betty Lane and Dundee Road and this Plan Commission did not recommend same because it was right in the middle of a residential neighborhood. Mr. Horowitz asked about clarification about the kinds of repairs to be done. Mr. Friedman stated there would be no transmission work or rehaul of transmissions. Mr. Horowitz stated a fair amount of work would likely be done to justify having lifts. Mr. Friedman stated they would do oil changes which are completely different from engine work. Chairman Ottenheimer asked for testimony by any interested persons and witnesses. Mr. Frank Sears, 50 Lake Boulevard, stated the notice of public hearing quoted a petition by Prestige Leasing for automobile sales and leasing, including maintenance and repair of vehicles. Repair of vehicles goes beyond oil changes. In simple terms this is a used car lot. The site plan shows space for 87 vehicles on that lot and in addition it has space for customers and visitor's car, sales people and employee cars. There will be over 100 cars sitting on this lot and that means a used car lot. He noted he had called Mr. Balling to ask why Buffalo Grove is so interested in approving a used car lot. He noted Mr. Balling had stated there is $100,000 in tax revenues that the Village would be very interested in. Mr. Sears noted this is the same Prestige Leasing Company that was turned down in their application at Betty Lane and Dundee Road. If it was turned down there and there are lot more houses east of Buffalo Grove Road around this site, this application should be turned down without question. Mr. Sears noted he has been in the real estate and development business for 50 years and in all that time the guiding principal of land use and land zoning has been highest and best use. That is the criteria that any zoning organization or builder or developer or Village looks at. A used car lot is not the highest and best use. Dundee Road east of Buffalo Grove Road is an area of very delicate zoning and balance. There is business, banks and there are some very significant homes and substantial investments in homes all around this area. To downgrade this site into a used car lot would trash and downgrade those values. It would also demean the image of Buffalo Grove. Mr. Sears noted the site provides for 10 light poles each of which is 20 feet high. 20 feet high is three stories high and the light issuing from these standards is 310 and 920 watts each. This does not belong on Dundee Road. In addition they are blasting that light down on a standing seam roof which is a metal roof and the reflection of light from that roof will be blinding. Mr. Sears noted the frontage of the site is 230 feet wide. There are only four shade trees proposed there with 6 inch caliper trunks. The proposed trees are thornless honey locust trees which are famous for having no crown whatsoever. They are decorative but provide no shelter or density. Even a 6 inch caliper tree will take ten years before they form any kind of a crown. Mr. Sears stated that the impact of this project would contribute to the traffic in the area and he asked that this project be turned down. He stated this is the lowest and worst use that could be put into this location. Mr. Irving Lewis, 50 Lake Boulevard, stated the traffic here during rush hours is very rough. The traffic light at Cambridge on the Lake was installed because of the enormous traffic there and there are many residents who do not drive and it is getting very difficult for them to cross the street even with the light. Putting in an automobile agency there will not help the situation. He stated he is here on behalf of the residents of Cambridge on the Lake and they have prepared an objection to the proposed petition which has been signed by many and he offers it to the Plan Commission. Ms. Susan Handman stated she would like an answer to her previous question as to how the petitioner will repair their cars. She noted this project will lower the property values of this area. She stated she would like to keep her area as nice as it is now and asks the Commission not to allow a car agency ruin her property values. Mr. Darwin Berkowitz, Grove Terrace Condominium Association, 300 Dundee Road, stated they do not want a used car lot in this area. He presented a petition signed by residents of his association to the Commission. He noted that Mr. Sears spoke for everyone in Buffalo Grove. Mr. Rob Sherman stated that when you change the character of the neighborhood by adding all that additional lighting it would have an impact on neighbors. When you have a genuine impact on neighbors the request of the neighbors seems to be reasonable that granting a special use would not be appropriate when there is such widespread opposition. He urged the Commission to listen to the community and vote this project down. He noted the tax dollars would be a benefit to him and the community but he is willing to forego the dollars so as not to damage the environment for these residents. Commissioner Bocek noted that the change in the square footage of the building would now require 24 parking spaces instead of 23. Mr. Schiess stated they have more than adequate parking spaces and they would just redesignate a parking space from a car on the lot to an employee parking space. Commissioner Bocek asked what the backlit sign is like. Mr. Schiess stated it would be a box backlit sign where only the letters are lit. Mr. Schiess stated this is not a used car dealership but a leasing facility. To the lay person this may seem like a subtle distinction but given the past testimony about the ways the cars are delivered and the method by which they are sold, it clearly does not behave like a used car dealership. Mr. Schiess stated they would like to revise their application wording and strike the word "repair of vehicles" from the language as proposed. Further they would like to mention that they are only talking about a special use permit. That special use permit only allows Prestige Leasing to do the type of operations described on this site and does not allow a future tenant on this site to pick up where Prestige leaves off or any activities that have a higher impact. He further noted there are several documents in the packet that support their request for the special use. Namely, the traffic study they conducted shows there will be minimal impact on the neighborhood. There has been no testimony presented to counter this claim. He noted the Village's traffic consultant concurs with their traffic engineer's analysis. He further noted there has been no testimony from the police department or any other agency that operates emergency vehicles that say these operations proposed here would have any impact or be injurious in any way. Further, there has been no testimony to support the presumption that the operations would be detrimental or endanger the public health, safety, morals, comfort or general welfare of the neighborhood. There are adequate facilities and roads here and that has been reviewed by the Village Engineer. There have also not been any facts presented by the residents in objection to this operation to support their claim that this facility would be injurious or hamper any other points that support the ordinance. Therefore, he asks the Commission to approve this petition. Chairman Ottenheimer asked for any public comments or questions. Mr. Frank Sears stated clearly this use for what is proposed would negatively impact the residential properties in the area. The use of words is subjective and the petitioner may call this a leasing operation but they have petitioned for the ability to sell cars. Whether you call this a leasing operation or a used car lot you will still have about 100 cars on this lot and if that is not a used car it certainly will look and behave like a used car lot. Mr. Irving Lewis asked what kind of data was given to the traffic engineer to reach his conclusions. He asked if it was given orally or in writing. Mr. Schiess stated that when they hire a consultant they engage in his services via a contract. Once that contract is signed the data gathering portion of his services is completely up to him. The client then looks for results in terms of reports. Mr. Lewis asked how the data was obtained so as to determine what percentage of increase of traffic would occur. Mr. Bou-Saab stated they first count the existing traffic in AM and PM peak hours. They also went to these intersections and took the exact seconds that changed the light from red to yellow and green to red, etc. and simulated this into a computer program. They also do a projection of the traffic via an international manual. The data they obtain about projection based on use is used by everyone in the country. This is very objective data from published manuals that most professions and transportation departments etc. use. Mr. Lewis asked if they received any data from Prestige in order to come up with their figures. Mr. Bou-Saab stated most of the data came from the published manual that is published nationally. Mr. Lewis asked what the manual knows about this particular operation. Mr. Bou-Saab stated the manual is published with every possible kind of use. He stated they still need some information from their client. Mr. Lewis asked exactly what kind of information was obtained from Prestige. Mr. Bou-Saab stated they received information on circulation and exact routing in and out from the building. Mr. Lewis noted it was inevitable that both traffic consultants would come up with the same conclusions if they are using the same system. Mr. Bou-Saab stated he would like to emphasis that this report has been reviewed many times by the Village and the independent traffic consultant. He further noted that the independent traffic consultant questioned the results several times and they needed more calculations and simulations in order to satisfy the requirements. Mr. Cooper asked if there would be any signs or advertisements calling this sale of used cars. Mr. Friedman stated no. Mr. Cooper asked how they plan to advise the public that they have used cars for sale. Mr. Friedman noted the only sign on the building is that of their name, Prestige Leasing. They will not be advertising used cars on the sign at all. Mr. Cooper asked if there will be any other signs on the premises stating used cars. Mr. Friedman stated no. Mr. Cooper asked if they will be advertising in the newspapers. Mr. Friedman stated yes. Mr. Cooper asked what percentage of cars are stocked for leasing Mr. Friedman stated they do not differentiate. Mr. Cooper asked how many used car are stocked. Mr. Friedman stated he can anticipate about 80. Mr. Cooper stated he calls this a used car lot. Chairman Ottenheimer asked the petitioner to describe the leasing operation to clear up the misconception. Mr. Friedman stated about 70 to 80 percent of his business is new car leasing. They do not stock new cars as they lease all makes and models. They usually specialize in luxury cars. When that happens a customer will call and say this is the kind of car I am looking for and how much can you get it for. If the deal is made, we pick up the car at the dealer and drive it the customer's house or business or whatever. Sometimes the customers have trade-ins but they are usually also leased cars and therefore not old. These cars taken in trade will be sold and that is why they have them on the lot. Chairman Ottenheimer asked what percentage of the business is leasing versus used car sales. Mr. Friedman stated leasing is about 70 to 80 percent. Mr. Schiess stated Prestige has an image to keep and they do not want an image of a used car lot. Their vehicles are top of the line vehicles and well maintained. Ms. Handman asked why six bays are needed if cars are not to be repaired. Mr. Friedman stated not all the bays will be used for repairs. They still have to prep and install some items and clean them up. Mr. Schiess asked Mr. Sears if he was a licensed real estate broker. Mr. Sears stated yes. Mr. Schiess asked Mr. Sears if he was a licensed appraiser. Mr. Sears stated he is not an appraiser but he has developed properties in and around Chicago mostly single-family residences with some multi-family developments for the past 50 years. Mr. Schiess noted Mr. Sears had made a comment that the development would have a negative impact on property values. Mr. Sears stated it will. Mr. Schiess asked he had determined that. Mr. Sears stated that if you live across the street from a property that has street lights three stories high blasting down 920 watts on 100 cars and on standing seam metal roofs you will have a Disneyland effect which will definitely negatively impact people who are driving by the view a property who are considering buying. Mr. Schiess stated he was asking if Mr. Sears had done an appraisal or an impact study as a licensed real estate professional. He stated he is trying to understand and differentiate the difference between the opinion and the fact. Mr. Sears asked to whom he would go to obtain that information. He stated he is calling on many years of experience in the industry. Mr. Schiess stated he would hope an independent appraiser would have been hired if that claim is being made. Mr. Sears stated he does not see why he would hire someone who probably does not have as much experience as himself in that industry. He stated he leaves this to the Commission to make that judgment. Asa matter of fact you do not need to be in that industry to make that judgment. Ms. Florence Wilson, 150 Lake Boulevard, stated that if she were looking for a condo to buy and there was a used car lot with all those lights and all those cars right in front of her building she would never buy the property no matter how low the price was. Mr. Summers stated the appearance review team met on this project twice relating to the aesthetic components of this project. The team recommended approval subject to three qualifications: 1. The curved roof portion to be added to the front of the building is revised to reflect an increased plate height for that roof which is the result of the existing wall height. 2. The windows along office two on the south elevation are revised to be three separate windows which would maintain a rhythm consistent with the columns on the canopy in front of them. 3. The memo from Rick Kuhl regarding the trees on the north and west property lines and the suggestion was to meet with Mr. Kuhl to verify which trees should and should not be saved. Commissioner Cohn asked where Prestige lays between the perceived lush luxury car dealers and the dilapidated used car lots. Mr. Friedman stated it is closer to the look of a Mercedes dealership. Everything about them is close to that kind of look. They are not what is usually perceived as a used car dealership. The appearance they want to project is one of a very modern attractive building which will reflect their style. There being no further comments or questions from anyone else present, Chairman Ottenheimer closed the public hearing at 9:55 p.m. Respectfully submitted, Fay Rubin, Recording Secretary APPROVED BY: LESTER OTTENHEIMER, Chair Board or Commission: ❑ Plan Commission Document Type: ❑A e g nda 0 Minutes Meeting ate: 04/20/2005 Type of Meeting: PUBLIC HEARING BUFFALO GROVE PLAN COMMISSION April 20, 2005 Lord's Love Community Church 1250 Radcliffe Road Special Use in the R-5 District for a place of worship and related uses Chairman Ottenheimer called the hearing to order at 10:15 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 Ms. Kenski-Sroka Mr. Khan Mr. Teplinsky Mr. Cohn Commissioners absent: Mr. Stark Also present: Reverend Jeon Ok Kim, Lord's Love Community Church Mr. San H. Kim, Lord's Love Community Church Mr. Warren Skora, Attorney at Law Mr. Richard Katz, JFMC Facilities Corporation Mr. William Raysa, Village Attorney Mr. Robert Pfeil, Village Planner Mr. Greg Summers, Associate Village Planner The following exhibits were presented by the petitioner at the public hearing: Exhibit 1: Memo dated April 15, 2005 from Robert Pfeil to the Plan Commission Exhibit 2: Letter from Richard Katz dated April 18, 2005 regarding number of people with respect to the JCC building Exhibit 3: Letter from Richard Katz dated April 20, 2005 regarding programs and services offered by outside parties and space leased to those parties Mr. Warren Skora stated the Lord's Love Community Church is seeking approval of a special use in the R-5 residential district for a place of worship, school and related uses in the former Jacob Duman Jewish Community Center. Mr. Skora stated that in addition to religious services Lord's Love Community Church is seeking to provide ancillary programs and services that are frequently provided by churches and synagogues. These programs include daycare, music, dance and art craft programs, athletic programs, academic enrichment programs and social work and counseling programs. Because these types of programs were a few of the many programs offered by the Duman Community Center, a reference to community center activities was included in their previous submissions. However, it is important to note that such programs are not exclusively those that are conducted by community centers and these kinds of programs and services are properly classified as compatible and ancillary services and uses provided by churches and synagogues, mosques and schools. Mr. Skora noted that St. Mary's parish offers host of programs and services and there are many other examples of churches and synagogues throughout the Chicago area that offer these types of programs. To eliminate any confusion concerning their intent or purpose they ask that reference to community centers in their previous submission be stricken. Also, it is important to note that all of these activities are permitted special uses under provisions of Chapter 17.40.020. The programs and services will be primarily offered to the members of Lord's Love Community Church. However, as with many hours of worship, they may be made available to other interested members of the community. All of the programs that the Lord's Love Church hopes to offer are those they would like to offer with their own staff and resources. However, the church has limited human and capital resources and as with many other churches, synagogues and mosques these programs and services may be provided by qualified outside parties who lease space to conduct such programs. Rental agreements for these specific purposes are not uncommon with respect to churches and synagogues and they should not be prohibited. To hold otherwise would be unduly restrictive and would prevent churches and synagogues from carrying out proper and necessary activities. There should be no confusion about their purpose. They are not seeking to be a commercial landlord. Any leases or rental agreements will be for the sole purpose to enable the church to offer the services and programs described. Mr. Skora stated their conclusion from the statement and testimony of the Jewish Federation of Chicago, facilities corporation, is that the use of the facility by the Lord's Love Community Church, even if and when they are able to offer all of the programs described, will be substantially less intense than during the operation of the Duman JCC over the past 19 years. The impact on the community and neighborhood will not be detrimental and will not unduly interfere with or be injurious to the use and enjoyment of their property. Mr. Sang Kim stated they have about 65 families and about 120 people. He stated they are currently operating 11:15 a.m. Sunday services. In the new facility they will offer a 9:00 a.m. service. Their five year projection is for 350 adults and children. Special programs are held in summer on weekdays for pre-K to sixth grade from 9:00 a.m. to 3:00 p.m. Mr. Kim stated the previous uses of the Duman Center included a community center, parochial school offering religious education and Hebrew language studies, adult education, social work and counseling and a day care. The proposed church uses include church and religious school, music, dance, arts and craft and athletic programs, academic enrichment programs, social work counseling and health screening and day care or pre-school. He stated the estimated hours of operation would be 8:30 to 5:00 p.m. for the day care and pre-school if they have that. He noted they expect about 5 teachers and 40 students. For the arts program would include typical instruments and vocal lessons. Dance will include traditional Korean dancing and would be fairly limited. Athletic programs would perhaps include kid's basketball. Academic enrichment programs would include math, language and science from about 2:00 p.m. to 9:00 p.m. The art program would be held from 1:00 p.m. to 8:00 p.m. Counseling and health screening would have 3 counselors. He further noted Fridays would have bible studies and the church would be open until 8:00 p.m. Saturdays would have hours from 9:00 a.m. to 5:00 p.m. generally. Mr. Kim stated they are willing to block the parking lot access from Radcliffe Road on the east side of the site from Monday through Friday. For early morning services at 6:00 a.m. they are more than willing to restrict parking on the eastern portion of the parking lot. No activity in the building will be audible beyond the property line past 10:00 p.m. In addition the existing outdoor playground equipment would be available for public use when not being used by Lord" Love Community church or other tenants of the building. Mr. Kim reviewed the parking requirements noting that weekdays there would be about 20 cars maximum in the morning at 6:00 a.m. At 8:00 a.m. when the day care is operating people will drop off kids and cars increase accordingly. He provided an estimate of the number of cars expected per hour. Mr. Richard Katz stated he has been associated with the Duman building since 1986 when it officially opened in the Village. During their period of occupancy they had 4 social service agencies occupying the building. Daily population in the building fluctuated between 400 to 800 and with special events at times they got up to as many as 1,800 people visiting the site in a single day. This equated to a full parking lot during the special events and daily it was often difficult to find a spot in the lot especially during peak periods when early day care people were picking up children and afternoon people were dropping off kids. Mr. Skora noted they have provided this information to try to address some concerns that have arisen concerning the ability to run programs themselves or to have others run them and lease out space and have a second qualified party run these programs. Mr. Skora noted that clearly the Lord's Love Community Church use is much less intense than the previous use. They believe it is an appropriate and proper use for this property. Chairman Ottenheimer asked for some testimony on each of the criteria for the special use. Mr. Skora stated they believe that this use will serve the public convenience at this property. This property has been used as a community center for many years. They do not believe they will be detrimental to the public health, safety, morals, comfort or general welfare of the community. With respect to the location and size of the use and what they intend to do, clearly the uses are authorized and appropriate with the purposes set forth under the code relating to churches or schools. Each of the activities mentioned fall within that category. With respect to the size and location of the structure will not in any way impede or substantially hinder or discourage the use of adjacent property which is basically already developed. There are adequate utilities and roads to serve the facility. The testimony provided by Mr. Kim and the exhibit presented with respect to parking requirements and traffic flow clearly indicate that the parking lot is sufficient for all their purposes. Mr. Skora stated there is no question that the parking lot as it exists in relation to the programs the church expects to conduct is certainly adequate and the specifics of the parking requirements indicate there is more than sufficient parking for the church. The number of people who will use this site are far less than have used it for the past 19 years. For these reasons they believe the Lord's Love Community Church meets the criteria as laid out in the ordinance. Commissioner Teplinsky asked about Mr. Schar's comments regarding the appropriate use of the facility as a special use and his statement that the uses are compatible under the ordinance so long as they are for members of the congregation only. Mr. Pfeil stated that the Building Commission's interpretation and comments indicate that all activities should directly serve members of the congregation. Mr. Pfeil commented that this issue should be probed to determine what is in the best interests of the community. Commissioner Smith asked how many families were members of the JCC at its peak. Mr. Katz stated there were probably 200-300 families but he is not sure. Commissioner Khan noted the JCC used to extend drop off services before and after school to the entire community. Mr. Katz noted all of their programs were open to the community. Commissioner Khan asked if they had also offered the center to other groups. Mr. Katz stated they frequently rented out spaces for both small groups and some larger groups. Commissioner Smith asked what hours the JCC building was open during the week. Mr. Katz stated the building was required by ordinance to close by 10:00 p.m. at night during the week. Fridays they closed early and the building was officially open at 7:00 a.m. although the building maintenance staff was there at 6:00 a.m. to get everything ready. On the weekends they ran programs on Sundays and sometimes on Saturday mornings or afternoons. Mr. Ron Mraz, 1261 Radcliffe, stated he has discussed the following issues with Mr. Kim: 1. That the name of the church face where the Jewish Community signs are now 2. When people come in for 6:00 a.m. services the western side of the parking lot be used so the noise will not carry to the adjacent residents 3. The landscape used for buffering to cut down on car lights be allowed to grow a bit taller 4. Tenants for the church be connected to the church and not separate entities rented out commercially 5. If there is overflow parking no parking be allowed on residential streets 6. If buses are ever used they are not to be run while waiting Mr. Mraz noted that Mr. Kim has agreed to these provisions. Mr. Bernie Naborowski, Mill Creek condominiums, stated the biggest fear he has is that overflow parking not use his condominium parking lot or residential streets. He noted he is somewhat concerned with the clause about sub-leases which may be rented out to special events which could cause overflow parking problems. He asked how special events or sub-leasing will be controlled. Mr. Skora stated any leasing they do will be solely for the purpose of accomplishing the objectives that they have in the petition and would be programs or services that the church itself would provide if they had the resources to do so. It is unlikely there would be any single event that would get anywhere close to 1,800 people or even 1,200 people. He noted Mr. Kim has presented an estimation of the programs and the number of people that would be involved and they expect that to be the kinds of programs that they will conduct. Mr. Kim further noted that it is not the whole building that would be available for sub-leasing and there is only a specific area that would be leased out. About 75 to 80 percent of the building will be used by the church only. Mr. Rob Sherman stated it seems that the proposed uses are appropriate but he has some concern about the hours of operation. He asked if the building will be allowed to continue hosting Election Day as a polling place. Mr. Skora stated they are not familiar with this but if the community or Village feels it is necessary and appropriate to have a polling place in this facility and it is clear there would not be any adverse effect on the community as well as a convenience for the community, they would be willing to make those arrangements. Mr. Sherman noted there is a provision in the Village code which says that non-residential parking lots in residential districts may be open from 7:00 a.m. to 9:00 p.m. and shall be closed at all other times. He noted he has spoken to Mr. Raysa who told him this provision does not apply for R-5 zoning. He stated the concept here is that the Village has established a reasonable timeframe for usage of a non-residential parking lot in a residential district is 7:00 a.m. to 9:00 p.m. Therefore he asked if the morning church service could be moved to a starting time that is later than 6:00 a.m. Mr. Kim stated there is a special need for the prayer meeting in the morning and would be very difficult to change as people need to get to work. Mr. Sherman asked what time the building would be opened to be ready for the 6:00 a.m. services. Mr. Kim stated people coming in 5 to 10 minutes before 6:00 a.m. would take care of things. It is not like regular services and people just go straight to the prayer meeting and then leave. Mr. Sherman asked what time the building they now have opens in the morning. Mr. Kim stated they come at about 5:40 a.m. Mr. Sherman asked what time the building is locked up at night. Mr. Kim stated it is closed about 10:00 p.m. Mr. Skora noted they have extended an open invitation to any member of the public or the commission who would wish to observe and visit the existing church to see if there is any disruption. It is also important to note that the current church is right next to single family residences and there have been no problems. Mr. Craig Horwitz, 883 Stonebridge Ln., noted the notice of public hearing stated that this public hearing would be at 8:30 when in actuality is started approximately 10:20 p.m. He stated this public hearing should have been postponed providing an opportunity for people to be here. Mr. Horwitz stated he was at the current church location and the residents' right next to the church is actually the residence of the pastor. Mr. Horwitz stated that the JCC never operated from 6:00 a.m. to 10:00 p.m. He noted he understands this is an appropriate use for this site but to say that this is no worse than the JCC is not exactly correct. Mr. Horwitz asked what the square footage of the current church is. Mr. Kim stated he does not have any actual figures but you can fit about 120 people on the second floor of the sanctuary. The half basement is the exact duplicate size of the second floor. Mr. Horwitz noted that a 65 family member facility moving into a facility that is ten times the size of what they currently have should be required to show a marketing plan that shows what is likely to happen in the future. He stated it amazes him that they are able to finance something this large. Mr. Kim stated that the house right next to the present church location belongs to the church. Residents live in the house right next to that. He noted their present location is very crowded and often have to have kids' services in garages and the pastor's house. This church is way too small for them. He noted they are very dedicated and committed to their church and have been able to provide for the proposed new church site. Mr. Horwitz stated he needs to understand what the traffic patterns will be like five years from now when 320 people may be part of the church and this building. Further he is concerned that the sub-leasing will be abused as it was in the case of the JCC who had leased the building to a college. Chairman Ottenheimer noted the Commission has absolutely no power of enforcement and the issues that Mr. Horwitz is speaking to are really enforcement issues. He noted that the commission cannot approve something on what may or may not be down the road. Mr. Horwitz stated he does not know what the ordinance looks like but if it is not finely tuned it will end up as abused as what the JCC did. Mr. Horwitz asked if the east exit which has not been used for years will be used now. Mr. Kim noted he had stated they will close that exit Mondays through Fridays. If the neighbors really do not want it open they can chain it up all year long. Mr. Horwitz asked if the church will be prohibited from using any off site parking. Chairman Ottenheimer noted that if the ordinance prohibits off site parking then they will not be allowed to do it. If the conditions of the ordinance are not complied with it becomes an enforcement issue. Mr. Rob Sherman asked if there is any intention to have anyone living in the building such as a pastor or his family. Mr. Kim stated no. Mr. Skora stated that clearly parking is an important issue. He noted they understand that their ability to use the facility must be limited to the capacity of their parking lot. Should there be some rare and unusual situation or occurrence that should require some kind of additional parking, those arrangements would be made in advance. They do not contemplate that nor do they expect it and understand that all their people must be accommodated within the parking lot or elsewhere. Mr. Rob Sherman stated he feels the ordinance should apply and he thinks this is all about reasonableness. The issue is whether it has a negative impact on the community. A reasonable time for children in elementary school to go to bed is 9:00 p.m. and a reasonable time for kids to get up is 7:00 a.m. Under the proposed use children would be woken up three times a night by any noise associated by this use. He stated he does not care about the intensity of the use and is rather concerned about the hours operation. He stated there are plenty of places in Buffalo Grove where they can operate what he calls an all night business. This building should be used between 7:00 a.m. and 7:00 p.m. He feels it is unreasonable to have people coming into the neighborhood so early and would have a significant and noticeable negative impact on the community. He asked that if a favorable recommendation of this petition is approved, it be done with certain limits according to Ordinance 85-56 from 1985. In addition the building should not be allowed to open before 7:00 a.m. and a specific time be established for closing at night. There should also be a require that there be no tenants other than those affiliated with Lord's Love Church Mr. Sherman noted Lord's Love is probably associated with Willow Creek Church as their web site notes their purpose is to build up their business. However, the concern is that if this becomes the mega Korean church of the Chicago land area, the hours must be limited as to time of operation and opening up at 5:45 a.m. is unreasonable and would have a negative effect. Mr. Skora noted recent references have been made recently of outsiders coming into the community and an association with Willow Creek Church and to the noise resulting from the use of the facility by the Lord's Love Community Church. This all seems designed to basically create an impression of hordes of people somehow coming into the community which is not the case at all. Commissioner Teplinsky asked Mr. Horwitz what time he was at the existing church location this morning. Mr. Horwitz stated he was interested in what kind of signage they currently have. He saw a house next to the church and he wanted to talk to the residents. He stated he was there about 8:00 a.m. Commissioner Teplinsky noted that Mr. Horwitz does not therefore know what kind of noise or commotion was or was not going on at the church in the early morning. Mr. Horwitz stated he knows that the pastor was very nice and he laid out a typical program. He asked the pastor what they do during the major holidays. He asked where the members park and was told they rent space across the street at the school. He asked the pastor what they would do at the new location and was told they might try to rent space at Buffalo Grove High School and run a bus. However, he stated his major concern is what is to be with the operation of those kinds of hours and when the membership of the church increases. Commissioner Teplinsky noted that it is understood that the reason they want to move into a larger facility is to be able to expand their facility. Mr. Horwitz stated he does not believe anyone has the right to change a neighborhood just because they buy a building. Commissioner Cohn asked how many building staff members came between 6:00 and 7:00 a.m. for the JCC. Mr. Katz stated there were about 4-5 building staff member in 2-3 cars. Social service agency staff was under 10 people in about 10 cars and the JCC staff could be as many as 25. Therefore, between 6:00 a.m. and 7:00 a.m. there may have been as many as 20 cars coming in. Commissioner Cohn asked Mr. Horwitz if he had ever heard any of those 20 people coming in between 6:00 a.m. and 7:00 a.m. Mr. Horwitz stated no. Commissioner Cohn asked Mr. Sherman if he had ever heard any of those 20 people. Mr. Sherman stated he lives 1 '/z blocks away so he would not have heard them. He noted his concern is about those neighbors who are directly adjacent. He noted his concern that as the church grows they might end up with 100-125 cars coming in between 5:30-6:00 a.m. which is too early to be disrupting the neighborhood. Mr. Kim wanted to make sure that it was noted there is no connection between Lord's Love Community Church and Willow Creek Church. He noted that as you scroll the site there is talk about different interests that might be of interest. The person who designed the site happened to be associated with Willow Creek. There are about 3-4 churches listed on the side of the web site. Anyone coming into the web site could explore these other churches that are mentioned. Mr. Skora stated he believes the use of the Radcliffe JCC is an appropriate use and is requested by Lord's Love Community Church. He noted that their use will clearly be less intense. The impact on the community and the neighborhood would not be detrimental to the neighbors and would not unduly interfere with their use and enjoyment of the property or be injurious to their property values. He stated they believe they meet the criteria set forth in the ordinance. He noted they are not seeking carte blanche approval to carry out any programs they wish. They have basically described the kind of programs they intend to conduct and they are all proper programs and services to be offered by a church. He stated they will not be a commercial landlord in any respect whatsoever. They will definitely confine their use of the facility to the limitations of their parking lot. Should there be a rare occasion when some additional parking is necessary, those arrangements will be made in advance. He stated they have provided detailed projections and descriptions for the programs and services and the traffic flow and parking requirements. They believe they meet all the conditions and requirements for approval of the special use for this building. There being no further comments or questions from anyone else present, Chairman Ottenheimer closed the public hearing at 11:30 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: 04/20/2005 Type of Meeting: ❑ Regular Meeting REGULAR MEETING BUFFALO GROVE PLAN COMMISSION April 20, 2005 Prestige Automobile Leasing, 88 Dundee Road—Special Use in the B-3 District and approval of a Preliminary Plan Lord's Love Community Church, Special Use in the R-5 District for a place of worship and related uses, 1250 Radcliffe Road Chairman Ottenheimer called the meeting to order at 10:00 p. m. in the Village Council Chambers, Buffalo Grove Municipal Building, 50 Raupp Boulevard, Buffalo Grove, Illinois. Commissioners present: Chairman Ottenheimer Mr. Smith Ms. Bocek Ms. Kenski-Sroka Mr. Khan Mr. Teplinsky Mr. Stark Mr. Cohn Commissioners absent: Mr. Stark Also present: Mr. John Schiess, John Schiess & Associates Mr. Jamil Bou-Saab, Terra Engineering Ms. Josephine Bellalta, Altamanu Landscape Mr. Art Friedman, Prestige Auto Leasing Reverend Jeon Ok Kim, Lord's Love Community Church Mr. San H. Kim, Lord's Love Community Church Mr. Warren Skora, Attorney at Law Mr. Richard Katz, JFMC Facilities Corporation Mr. William Raysa, Village Attorney Mr. Robert Pfeil, Village Planner Mr. Greg Summers, Associate Village Planner APPROVAL OF MINUTES Moved by Commissioner Smith, seconded by Commissioner Kenski-Sroka to approve the minutes of the regular meeting minutes of March 2, 2005. All Commissioner were in favor of the motion and the motion passed unanimously with Commissioners Khan and Bocek abstaining. COMMITTEE AND LIAISON REPORTS Commissioner Bocek stated she attended the Village Board meeting on April 18, 2005 where the ordinance amending the Village zoning ordinance, Title 17 concerning motor vehicle sales and licensing was approved. PRESTIGE AUTOMOBILE LEASING, 88 DUNDEE ROAD —SPECIAL USE IN THE B-3 DISTRICT AND APPROVAL OF A PRELIMINARY PLAN Moved by Commissioner Teplinsky, seconded by Commissioner Kenski-Sroka to recommend approval to the Village Board of the petition for a special use for automobile sales and leasing in the B-3 District and approval of a Preliminary Plan for the purpose of renovating the existing building for an automobile sales and leasing facility, including maintenance and preparation, but not repair of vehicles as defined by the petitioner, subject to the revisions proposed by the ART team consisting of: 1. Revision of the curved roof on the south end of the building 2. Window revision on the south elevation 3. Determination by the Village Forester concerning the specific trees that should be removed along the north and west property lines 4. Provision of no less than the minimum number of required parking spaces based on the verified floor area of the facility Commissioner Teplinsky stated he has been left with a positive feeling toward the operation and facility itself. He noted he does not believe this is a "used car facility." He noted that the Dundee Road corridor is commercial in nature and taking that into consideration, he does not believe the establishment of this facility will be detrimental to, or endanger the public health, safety, morals, comfort or general welfare of the surrounding area and he also does not believe that the traffic generated by this facility will increase the burden that is already present. He does not believe that the facility will be injurious to the use and enjoyment of the other property in the immediate vicinity of the property and he will be in favor of the proposal. Commissioner Bocek stated the current zoning of this property is consistent with the zoning of adjacent properties along Dundee Road. It is one of the main commercial corridors through the Village and there are several other car dealerships that do leasing/sales of new and used cars as well. She stated that she believes the petition meets the requirements for a special use and she will also be in favor of the development. Commissioner Kenski-Sroka stated she believes this proposal will serve the public convenience. Dundee Road is an arterial street well-suited for this type of use. Adequate utilities and access roads exist and the proposed drainage plan is acceptable to the Village. There has been no testimony tonight that has quantified or delineated any reason why this project should not go forward. There has been no testimony as to decreasing property values other than anecdotal commentary, and she will therefore support this project. Commissioner Cohn stated he is impressed with the members of the community who came to this meeting. He noted he would not want to see a used car lot on this site. Based on the petitioner's statements under oath, he believes that this is not a used car lot but more like a higher end dealership, and he will support the petition. Commissioner Smith stated that the Betty Drive/Dundee Road site was a totally different area with different issues relative to drainage, test driving and truck deliveries. Those issues will be manageable at the proposed site. Dundee Road is a business district and the petitioner's traffic consultant has presented a report and testimony indicating that this use will not create traffic problems for the area. In addition, the Village's traffic consultant concurs with the major conclusions of the petitioner's consultant. He further noted that exterior lighting on a commercial site has to meet the Village's codes and these standards will not allow light to spill over to other properties. Further, the Village Engineer has determined that stormwater drainage will be properly accommodated. He stated that the special use criteria have all been met by the petitioner and the use will not be injurious to the community, and he will support this project. Chairman Ottenheimer called for a vote on the motion and the votes were as follows: AYES: Smith, Bocek, Kenski-Sroka, Khan, Teplinsky, Cohn, Ottenheimer NAPES: None ABSTAIN: None ABSENT: Stark The motion passed 7 to 0. Moved by Commissioner Kenski-Sroka, seconded by Commissioner Smith to direct staff to prepare Findings of Fact for review by the Chairman concerning the special use permit. All Commissioners were in favor of the motion and the motion passed 7 to 0. Chairman Ottenheimer suspended the regular meeting at 10:10 p.m. LORD'S LOVE COMMUNITY CHURCH, SPECIAL USE IN THE R-5 DISTRICT FOR A PLACE OF WORSHIP AND RELATED USES, 1250 RADCLIFFE ROAD Chairman Ottenheimer reconvened the regular meeting 11:30 p.m. Moved by Commissioner Teplinsky, seconded by Commissioner Khan to recommend approval of a special use in the R-5 District for the Lord's Love Community Church for a place of worship and religious school and related uses, but not as a community center. Commissioner Cohn stated he has struggled with the issue of the starting time for activities on weekday mornings. He noted he lives in a quiet residential neighborhood surrounded by single family homes with a school in the neighborhood. The school operates at regular school hours. He noted this former community center operated at reasonable hours and he thinks that neighbors have to accommodate each other. This church is a wonderful and perfect use for the building but it must accommodate the neighbors. He stated he feels a 7:00 a.m. start time is a very reasonable accommodation. He stated he cannot support the petition unless the church is restricted to a 7:00 a.m. start time for weekday services. Commissioner Khan noted he has always found the JCC very organized and disciplined even when the parking lot was full. Churches and other places of worship are allowed in residential districts because these types of facilities need to be close to where people live. He stated he therefore has a problem with limiting the hours of operation. In any given neighborhood some people leave as early as 4:00 a.m. to start their day, so he does not have a problem with services starting at 6:00 a.m. The petitioner has met all the special use criteria, and he is in favor of the proj ect. Commissioner Smith stated he agrees with Commissioner Khan. He agrees with Mr. Horwitz about looking to the future and he can say with certainty that if the congregation doubles or triples its membership, it still would be nowhere near what the membership was at the JCC. Based on the proposed use and the projections for growth, he does not believe there will be negative impacts on the adjacent neighborhood. Chairman Ottenheimer called for a vote on the motion and the vote was as follows: AYES: Smith, Bocek, Kenski-Sroka, Khan, Teplinsky, Ottenheimer NAPES: Cohn ABSENT: Stark ABSTAIN: None The motion passed 6 to 1. CHAIRMAN'S REPORT Chairman Ottenheimer stated he will interviewing potential candidates for the Plan Commission. FUTURE AGENDA SCHEDULE Mr. Pfeil stated the next meeting will be on May 4, 2005. PUBLIC COMMENTS AND QUESTIONS—None STAFF REPORT—None NEW BUSINESS -None ADJOURNMENT Moved by Commissioner Smith, seconded by Commissioner Kenski-Sroka and carried unanimously to adjourn. Chairman Ottenheimer adjourned the meeting at 11:42 p.m. Respectfully submitted, Fay Rubin, Recording Secretary APPROVED BY: LESTER OTTENHEIMER, Chair