Loading...
2002-05-01 - Plan Commission - Minutes Board or Commission: ❑ Plan Commission Document Type: 0 A e g nda 0 Minutes Meeting ate: 05/01/2002 Type of Meeting: PUBLIC HEARING BUFFALO GROVE PLAN COMMISSION May 1, 2002 Proposed Cosmic Zone family entertainment center, Buffalo Grove Town Center (former Cub Foods building),Amendment of Planned Unit Development (P.U.D.) and approval of a Special Use in the B-5 Town Center District Vice Chairman Samuels called the hearing to order at 8:18 p.m. in the Village Council Chambers, Buffalo Grove Municipal Building, 50 Raupp Boulevard, Buffalo Grove, Illinois. Vice Chairman Samuels 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: Mr. Samuels Ms. Dunn Mr. Panitch Mr. Smith Ms. Bocek Ms. Kenski-Sroka Commissioners absent: None Also present: Mr. Feldgreber Mr. Craig Johnson, AMF Bowling Inc. Mr. Jeff Braiman, Village Trustee Mr. William Raysa, Village Attorney Mr. Robert Pfeil, Village Planner Mr. Greg Summers, Associate Village Planner Mr. Feldgreber stated that as this is a continuation of a previous public hearing, they are not adding any new evidence to the public hearing. Everything that was submitted two weeks ago is still the same and any information that may need to be recapped is available for review. He stated he is looking for a positive recommendation to the Village Board for a Special Use in the B-5 District for a family entertainment center. In the event they are classed as a retail establishment, they are looking for a variance to Section 5.4 of the Municipal Code as well as a Special Use within Section 5.12010 in the video arcade ordinance. Vice Chairman asked for a review of the proposed security system. Mr. Feldgreber stated he understood that this is something they will be working with the Village to modify. He stated it is their intention to have staff security at all operation. At nights, weekends and summer hours they will have an outside licensed security company to secure the inside and outside of the premises as well as the entire center. Vice Chairman Samuels asked how long security personnel would remain on the job as people leave the facility. Mr. Feldgreber stated that would depend on the day of the week and the age of the people outside. If there is a curfew situation, they will stay until police come to disperse anyone outside. If they are older people, staff will be in the center for a couple of hours to complete the closing process in the center and security will stay until they are ready to leave. This would usually be 1-2 hours after closing. Vice Chairman Samuels asked exactly how many video arcade machines were being asked for. Mr. Feldgreber stated they are looking for 30 machines in an area that is approximately 1,240 square feet. Commissioner Smith asked if there had been any changes in the negotiations with the owners of Town Center. Mr. Feldgreber stated he would defer any changes in negotiations to the representative of the Town Center. Commissioner Smith asked why a 2:00 a.m. closing on weekends was necessary. Mr. Feldgreber referred to the police report, which analyzed all the centers in the area. Looking at the centers closest to this site shows Brunswick Deer Park Lanes whose hours of operation are 9:00 a.m. to 1:00 a.m. Sunday through Thursday and weekends from 9:00 a.m. to 2:00 a.m.; Hawthorn Lanes hours are 9:00 a.m. to midnight Sunday through Thursday and 9:00 a.m. to 2:00 a.m. Friday and Saturday; Arlington Heights Bowl has hours from 9:00 to midnight Sunday through Thursday and 9:00 a.m. to 2:00 Friday and Saturday. Mr. Craig Johnson stated they operate over 420 bowling centers in the domestic market and 100 in the international marketplace. He stated the growth in the industry is in young people below the ages of 18. The major growth has been with senior citizens. A lot of this entertainment is organized entertainment such as parent/child leagues, senior citizen leagues, afternoon leagues, etc. All equipment is geared towards that type of recreation. There are also cosmic bowling and light shows which are obviously late night activities. That brings us to the need for late hours on weekends. It is a family entertainment center and 95 percent of their centers are open until 2:00 a.m. on Friday and Saturday nights, which is just the norm for the industry. Commissioner Smith asked what percentage of these operations are within 80 feet of residential areas. Mr. Johnson stated there are some that are located that close. Some of the prototype centers in Virginia are located within 500 feet of housing developments and they are very strictly secured. They have security on location monitoring the situation. He noted it is important for them not to have gangs or groups of kids hanging around as they also have a reputation to maintain. Commissioner Smith asked if this development would not be viable if they did not stay open to 2:00 a.m. Mr. Johnson said they would stay in business but they stay open late to service their customers. The developer has a vested interest in the community and the object is to offer recreation and facilities to a community that desperately needs it. Commissioner Panitch asked if there are any plans to have miniature golf or miniature bowling, a driving range, or Nintendo games. Mr. Feldgreber stated no. There is already an outdoor mini golf course and an indoor mini golf course is opening soon here. That is their specialty. Five years from now if laser tag is no longer a fad or exciting, they can move certain parts of the center around to encompass new activities. Commissioner Panitch noted that is why he had previously asked if the number of bowling lanes could be reduced to add more elements of a family entertainment nature. He noted his concern is with the fact that this is called a family entertainment center but the necessity to stay open late seems to have an emphasis for late night activities. Mr. Feldgreber stated they originally looked at just doing bowling. The average size bowling alley is only about 33,000 square feet. This building is 58,000 square feet and they needed other elements to bring into the building to justify the square footage and the price they are renting it for. What you will see over time is that plain bowling alleys will be changing and expanding. He stated these were the aspects that they felt fit this area and fit into the center. To start taking out bowling lanes to add young kids activities would be useless as that age group would go to something like a Dinorex. He noted they are coming in with a completely new concept, which is something of a hybrid. Commissioner Panitch asked if there is any compromise on the 2:00 a.m. closing. Mr. Feldgreber stated he could cut it back an hour for a year or two to show they could handle the people, the noise and the problems and then perhaps come back. Commissioner Panitch asked if midnight would work. Mr. Feldgreber stated he does not like midnight economically. He would have to look into that. Ms. Linda Frank stated she is secretary of the ORT bowling league which has 70 women presently bowling in Arlington Heights and they would love to come here as most live in this area. Ms. Wendy Frost, 602 Hackberry Ct.W., stated her teenagers have nothing to do in Buffalo Grove in the evenings. She stated she trusts the Police Department to supervise this establishment and keep this a good family community. If the Police Department cracks down on obnoxious people, it will not become the place where they would come. She asked that this development be given a chance. Mr. Arthur Goldner stated he represents the ownership of Town Center. He stated he likes Mr. Feldgreber and if given a chance he will do his best to see that the project is a productive and properly run operation that will not damage the surrounding properties or neighbors. However, he would recommend more specific details relative to security plans. He stated he is concerned with people loitering after closing hours both on weekdays and weekends. He recommends outside security cars to travel around the shopping center and the Cosmic Zone for at least one hour after closing to make certain that no damage is done to the surrounding properties. Vice Chairman asked what the current hours of operation are for Bumpers. He stated he was not certain. Vice Chairman asked what kind of security Bumpers provides. Mr. Goldner stated he does not believe they are obliged to provide any security. Mr. Goldner stated he believes the commission should impose the most aggressive yet reasonable expectations of the Cosmic Zone as to avoid any problems. He stated he would prefer a 2:00 license so they make more money and can spend more on security to avoid any issues. Vice Chairman Samuels asked if the theaters are required to have security. Mr. Goldner stated none of his tenants are required to have any security. He stated it is their obligation as landlords to do that if they have problems, but they have never had any problems. Mr. Goldner stated it should be noted the recommendation made by the commission should be subject to the appropriate resolution between Super Value and the Buffalo Grove Town Center LLC relative to their differences under the existing OEA. He noted this might be a legal matter as the Village is a party to the OEA and you would not want to approve something that violates the OEA. Commissioner Kenski-Sroka noted the presence of numerous carnival rides in the parking lot at Town Center and asked if there are security measures for the event. Mr. Goldner noted the both the carnival and upcoming art fair were events that the Village of Buffalo Grove approached Town Center for the use of the property. He noted they are not being paid for the use of the property and they are not ultimately responsible for any aspects of security and/or insurance or other matters relative to that. He noted it is his understanding the Village will provide security through the Police Department. Ms. Kenski-Sroka noted that carnivals and art fairs sometimes bring unseemly characters and due to Mr. Goldner concern for the tenants of Town Center, it would seem he would want to take extra security measures as he is suggesting for the Cosmic Zone. Commissioner Dunn asked what the OEA is. Mr. Goldner stated the original PUD for the shopping center included only the shopping center itself and not the subject building which is being discussed this evening. The former Cub Food Store was added at a later time ostensibly due to the failure of the failure of the initial development to create the activity and retail sales that the Village expected. The Simon Group convinced the Village Board that if they were allowed to build an additional building and to put a grocery store in that building it would generate the necessary traffic to the center that would make it the success that the Village had hoped. In conjunction with this additional development at a later date, an agreement had to be generated that stipulated the use of that property going forward. This OEA agreement is the agreement that stipulates exactly what this additional property will be and what it should continue to be in the future if, in fact, the initial use is to be changed. Therefore, the owner of the shopping center, the developer and the Village signed this additional document which states the shopping center owner has the right to approve any subsequent use of that new building if it is requested it be changed to a use other than a grocery store or other first class retail use. That is the debate that is going on now between Super Value and Buffalo Grove Town Center LLC. Mr. Raysa noted OEA stands for operating easement agreement. The Village of Buffalo Grove has zoned the Town Center and approved a Special Use for Cub Foods. That Special Use ordinance did not require an OEA. The OEA is between the Buffalo Grove Joint Venture and the Eagle Food Centers, Inc. The Village of Buffalo Grove is not a party to that agreement. Commissioner Panitch asked if there would be a resolution between the parties. Mr. Goldner stated he hopes so and they do endorse a resolution. He noted they have made several proposals to reach an agreement. Commissioner Smith asked if Mr. Goldner liked the project if all issues are addressed and if it will help the center. Mr. Goldner stated he did not like the project initially. However, after several meetings with the developer and substantial pressure from the Village indicating their desire to see this plan go through, he realized it would be best to be more open minded. Ms. Foote asked how security would be based on the number of people and what kind of security will be required. Vice Chairman Samuels stated the proposed ordinance that would enable this facility requires that the Village have the ultimate say as to what an appropriate security plan consists of He believes the Police Department has the necessary information to comment. Mr. Greg Clark of Super Value stated they hold the lease hold interest to the subject building. He stated they would strongly suggest that the commission's recommendation not be subject to their ability to settle the issue regarding the OEA, specifically because the Village is not a party to that agreement. He stated that there is no conflict as such, but rather ongoing negotiations to resolve whatever issues there may be and he is confident they will be able to resolve those. Mr. Nick Fingerman stated he would love to have his money put back into the Village instead of going outside of the Village for entertainment for his daughter. He stated the people going to bowling alleys are not drunks and troublemakers. Trustee Braiman noted Bumpers has a Class A license which means they can remain open until 1:00 a.m. Monday through Thursday and 2:00 a.m. on Fridays and Saturdays. He asked what efforts have been made to sub-leasing the proposed building to other high end retail establishments that generates larger amounts of sales taxes. Mr. Clark stated that since they closed operations in Buffalo Grove they initiated marketing efforts to sub-lease. He noted they have a very strong financial incentive to find a strong replacement. They also engaged a real estate brokerage company who made hundreds of contacts without receiving a positive response from anyone. He noted they became satisfied with the way the Cosmic Zone intends to operate. Trustee Braiman stated it would be helpful to get a copy of the organizations or companies that were solicited. There being no further comments or questions from anyone else present, Vice Chairman Samuels closed both public hearings at 9:15 p.m. Respectfully submitted, Fay Rubin, Recording Secretary APPROVED BY: MICHAEL SAMUELS, Vice Chair Board or Commission: ❑ Plan Commission Document Type: 0 A e g nda 0 Minutes Meeting ate: 05/01/2002 Type of Meeting: PUBLIC HEARING BUFFALO GROVE PLAN COMMISSION May 1, 2002 Buffalo Grove Park District—Learning Center (golf done), 801 McHenry Rd—Amendment of Special Use concerning extension of use Chairman Ottenheimer called the hearing to order at 9:30 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. Samuels Ms. Dunn Mr. Panitch Mr. Smith Ms. Bocek Ms. Kenski-Sroka Commissioners absent: None Also present: Mr. Mike Rylko, Director, Buffalo Grove Park District Ms. Martha Weiss, President, Buffalo Grove Park Board Mr. William Raysa, Village Attorney Mr. Jeff Braiman, Village Trustee Mr. Robert Pfeil, Village Planner Mr. Greg Summers, Associate Village Planner Mr. Rylko stated he is here requesting a modification to the special Use for the length of time the golf dome can be used and also requesting the golf dome remain inflated the entire year. He noted they are not asking for any variances to the zoning standards. The following exhibits were presented by the petitioner at the public hearing: Exhibit A: Site Plan, dated March 6, 2002 Exhibit B: Facility Existing Plan, dated March 6, 2002 Exhibit C: Building Layout Plan, dated March 6, 2002 Mr. Rylko stated the dome is currently approved for 180 days per year and they are requesting an additional 62 days of operation for a total of 242 days or 8 months of operation. He stated the parks are responding to the needs of the residents under changed conditions in terms of increased demands for recreational space. The dome is a community asset that needs to be used to its fullest extent. They had hoped to have a community center by this time for kids to practice indoors in a field house or a multi-court gym. Unfortunately these facilities are not available. Since the Park District erected the dome the cost of taking it up and down has more than doubled and the material of the structure has been damaged from the wear and tear when it is put up and down on an annual basis. The Park District staff and consultants have had two meetings with the Village Building Department, Fire Department and Planning staff regarding the maximum capacity of the facility and use of the facility. Everyone is in agreement that the maximum capacity is to be 200, which was the original maximum when the Village issued the original permit four years ago. This is based on the bathroom fixtures based on BOCA code. The architect at Groundwork Ltd. in a memo dated March 5, 2002 has addressed emergency egress and other code requirements. Mr. Rylko noted that in previous meetings concerns were raised on whether exits in the inflated structure were equipped with pull station alarms and strobe lights. All emergency exists are equipped with both of these devices. There is also a memo in the packet from Fire Chief Allenspach, which agrees with the revised proposal and schedule in support of this proposal. Mr. Rylko noted they are requesing an amendment to the Special Use to expand activities to include community based recreational activities and programs in addition to the driving range and golf lessons. The proposed activities include indoor practice for soccer, baseball, football and softball. The Park District believes that the primary use of this facility is for the golf learning center for about 60 percent of the normal opening hours. Other uses are scheduled to make better use of the facility and to serve the extensive needs of our sports minded community. Mr. Rylko noted the proposed scheduled use of the facility is as follows: from September 15th to November 14th was basically for sports programs and rentals. The hours would be from Sunday through Saturday from 7:00 a.m. to 11:00 p.m; from November 15th to April 14th sports programs are just on Saturday and Sunday from 6:00 p.m. to 11:00 p.m. Golf operations remain Saturday and Sunday from 7:00 a.m. to 6:00 p.m. and Monday through Friday from 7:00 a.m. to 11:00 p.m. The golf season would end approximately April 14th and pick up with the sports programs through May 15th, Saturday through Sunday from 7:00 a.m. to 11:00 p.m. He noted their normal schedule for sports programs would only be from 4:00 p.m. to 11:00 p.m. on weekdays. However, they believe there may be some potential for sports related programs for adults and on school institute days. In addition, they will be exploring the possibility of making this facility available to schools and other organizations on weekdays for sports programs. The facility will be used by several sports to take full advantage of the facility. Trained Park District personnel will supervise the facility whenever it is in operation. Mr. Rylko summarized the following seven items: 1. The Park District is allowed to leave the air-inflated structure up throughout the year. 2. That the Park District be permitted to schedule other activities in previously defined unoccupied space. These activities are limited to sport programs, training events to support youth and adult sports. 3. The Park District will abide by the Village approved capacity of 200. 4. That the Park District be allowed to schedule activities for 242 days of operation per year. 5. That during Park District learning center days of operation activities will be scheduled from 7:00 a.m. to 11:00 p.m. 6. Based on the Fire Department recommendations that the inflated structure be closed for four consecutive months. 7. That the Park District be allowed to initiate the above recommendations beginning September 2002. Commissioner Samuels asked how the building code could have a restriction on a temporary use facility of 180 days and the proposed use for 242 days does not require a variation from any ordinance. Mr. Rylko stated that is because building code restrictions is based on the bathroom fixtures in the permanent building. That is what is dictating the maximum capacity of 200. Commissioner Samuels noted capacity is not the issue. The number of days is apparently addressed in the ordinance and there is no variation required. Mr. Rylko stated they are asking only for a modification to the Special Use for the length of time that has already been provided. Mr. Pfeil stated Chief Allenspach said it is a temporary structure and the BOCA code would allow a temporary structure to be up 180 days. However, the Fire Department has analyzed this proposal and they believe that life safety and related code issues can be properly managed if it does stay up more than 180 days. He also said this is a situation where they would allow it to exceed the literal limit in the code. Commissioner Samuels noted the second thing that bothers him is that he does not like to hold governmental agencies to a different standard than the private sector and it would seem that is what is happening here. Chairman Ottenheimer stated that the only thing that can be acted on by the Commission is the recommendation received from staff. Commissioner Panitch asked what activities would be held in the dome from 7:00 a.m. to 4:00 p.m. Mr. Rylko stated during the school year there would not be much held at that time on the weekday. If there is some type of clinic for adults or a school institute day, it might be used. Mr. Gary Sitzmann, 461 Farrington Ct., stated he feels the golf dome being up all year round will detract from the value of his house. He asked if anything could be done to shield it from his house as those trees previously planted have since died. Chairman Ottenheimer suggested he speak to the Park District and Village staff. Mr. George Psikronis noted there are so many kids in the community and a lack of facilities so anything would help out. Ms. Karen Larson, 1279 Farnsworth, stated one of the advantages of this site is that the dome is nestled into some mature trees on two sides and the other houses are across the four-lane highway and across the bridge. This might not be happening if there was a community center and a field house. There are 15 schools in the community and the Park Board keeps trying to find facilities for the kids. She noted the community must provide for kids as this is a young community and these facilities are desperately needed. There being no further comments or questions from anyone else present, Chairman Ottenheimer closed the public hearing at 10:10 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: 05/01/2002 Type of Meeting: ❑ Regular Meeting REGULAR MEETING BUFFALO GROVE PLAN COMMISSION May 1, 2002 Zoning ordinance, consideration of amendment to Section 17.44.060.C.1.e. Special Uses in the B-5 Town Center District to include—family Entertainment center," and Chapter 17.44 —Business Districts Pertaining to amusement and entertainment uses Proposed Cosmic Zone family entertainment center, Buffalo Grove Town Center (former Cub Foods building),Amendment of Planned Unit Development (P.U.D.) and approval of a Special Use in the B-5 Town Center District Buffalo Grove Park District—Learning Center (golf dome), 801 McHenry Road—Amendment of Special Use concerning proposed Extension of use Vice Chairman Samuels called the meeting to order at 9:15 p.m. in the Village Council Chambers, Buffalo Grove Municipal Building, 50 Raupp Boulevard, Buffalo Grove, Illinois. Commissioners present: Chairman Ottenheimer Mr. Samuels Ms. Dunn Mr. Panitch Mr. Smith Ms. Bocek Ms. Kenski-Sroka Commissioner absent: None Also present: Mr. Feldgreber Mr. Craig Johnson, AMF Bowling Inc Mr. Michael Rylko, Director of Buffalo Grove Park District Mr. Braiman, Village Trustee Mr. Robert Pfeil, Village Planner Mr. Greg Summers, Associate Village Planner APPROVAL OF MINUTES Moved by Commissioner Kenski-Sroka, seconded by Commissioner Panitch to recommend approval of the minutes of the regular meeting of April 3, 2002. All Commissioners were in favor of the motion and the motion passed unanimously. COMMITTEE AND LIAISON REPORTS—None Chairman Ottenheimer noted that although he is present at the discussion of the regular meeting, he is recusing himself from all discussion based on his earlier disclosures. ZONING ORDINANCE, CONSIDERATION OF AMENDMENT TO SECTION 17.44.060.C.1.e. — SPECIAL USES IN THE B-5 TOWN CENTER DISTRICT TO INCLUDE "FAMILY ENTERTAINMENT CENTER," AND CHAPTER 17.44 — BUSINESS DISTRICTS PERTAINING TO AMUSEMENT AND ENTERTAINMENT USES Moved by Commissioner Panitch, seconded by Commissioner Dunn to recommend approval to the Village Board of consideration of amendment to the Buffalo Grove Zoning Ordinance, Title 17 of the Municipal Code, concerning Section 17.44.060.C.1.e. — Special Uses in the B-5 Town Center District to include "family entertainment center," and Chapter 17.44 — Business Districts pertaining to amusement and entertainment uses, with the elimination of the words, "for a fee," pursuant to the testimony produced at the public hearing. Commissioner Kenski-Sroka moved to call the question on this issue. Vice Chairman Samuels called for a vote on the motion and the vote was as follows: AYES: Samuels, Dunn, Panitch, Smith, Bocek, Kenski-Sroka NAPES: None ABSENT: None ABSTAIN: None The motion passed 6 to 0. COSMIC ZONE FAMILY ENTERTAINMENT CENTER, 350 McHENRY ROAD, BUFFALO GROVE TOWN CENTER Moved by Commissioner Panitch, seconded by Commissioner Dunn to recommend approval to the Village Board of the petition for amendment of a Planned Unit Development (P.U.D.) and approval of a Special Use to allows a family entertainment center in the former Cub Foods store, 350 McHenry Road, Buffalo Grove Town Center with the purpose of renovating the existing building for use as an entertainment center, including bowling, a restaurant/lounge, laser tag, party rooms, video game area and batting cages with hours of operation adhering to the Municipal Code. Commissioner Kenski-Sroka moved to call the question on the issue. Commissioner Panitch asked the developer to do whatever they can to ensure that it is a family entertainment center and not a late night bar and grill. He stated he does believe the Village needs somewhere for people to go. Commissioner Bocek stated she feels the development will be a positive addition to the community and she see no distinction between people going to the theater or Bumpers or will be going to the family entertainment center. Commissioner Smith stated he feels this will be a positive development for the community. There will be good security here which is the main issue and this will be beneficial for kids in the community. He also feels this development can do nothing but help the Town Center. Commissioner Dunn stated she would like to second Commissioner Kenski-Sroka motion to call for the question. Vice Chairman Samuels thanked the developer for doing an excellent job. Vice Chairman Samuels called for a vote on the motion and the vote was as follows: AYES: Samuels, Dunn, Panitch, Smith, Bocek, Kenski-Sroka NAPES: None ABSENT: None ABSTAIN: None The motion passed 6 to 0. Trustee Braiman asked the Board would like to know the Commission's recommendation on hours. Commissioner Panitch asked if the Board would also like to have a recommendation on the number of coin operated games. Trustee Braiman noted the more information they have the better the Board's decision will be. Vice Chairman called for a polling on the hours of operation for weeknights. The polling was as follows: 12:00 midnight Panitch, Bocek, Smith, 1:00 a.m. Samuels 2:00 a.m. Kenski-Sroka, Dunn The polling for weekends was as follows: 12:00 midnight Panitch 1:00 a.m. Smith 2:00 p.m. Bocek, Dunn, Samuels The polling for the number of video games was as follows: Panitch, 16; Bocek, no opinion; Dunn, per developer's request; Kenski-Sroka, per developer's request; Smith, per developer's request; Samuels, 30. The polling for the number of video games was as follows: Panitch, 16; Bocek, no opinion; Dunn, per developer's request; Kenski-Sroka, per developer's request; Smith, per developer's request; Samuels, 30. Vice Chairman Samuels recessed the regular meeting. BUFFALO GROVE PARK DISTRICT —LEARNING CENTER (GOLF DOME), 801 MC HENRY RD — AMENDMENT OF SPECIAL USE CONCERNING PROPOSED EXTENSION OF USE Chairman Ottenheimer reconvened the regular meeting at 10:10 p.m. Moved by Commissioner Samuels, seconded by Commissioner Kenski-Sroka to recommend to the Village Board the petition for amendment of the Special Use in the Residential Estate District to allow the air inflated-dome (Golf Learning Center) to remain inflated year-round and to use the facility for various recreation/sports programs a maximum of 242 activity days per year, provided the facility is closed four consecutive months during the year, pursuant to the testimony produced at the public hearing and the documents introduced into evidence at the public hearing. Commissioner Samuels noted he is troubled that this is what needs to be done and bothers him that this kind of consideration would not be given to anyone in the private sector and will therefore not support this motion. Chairman Ottenheimer called for a vote on the motion and the vote was as follows: AYES: Dunn, Panitch, Smith, Bocek, Kenski-Sroka, Ottenheimer NAPES: Samuels ABSTAIN: None ABSENT: None The motion passed 6 to 1. CHAIRMAN'S REPORT—None FUTURE AGENDA SCHEDULE Mr. Pfeil stated there would be a meeting on May 15, 2002. PUBLIC COMMENTS AND QUESTIONS—None STAFF REPORT—None NEW BUSINESS—None ADJOURNMENT Moved by Commissioner Smith, seconded by Commissioner Dunn and carried unanimously to adjourn. Chairman Ottenheimer adjourned the meeting at 10:14 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: 05/01/2002 Type of Meeting: PUBLIC HEARING BUFFALO GROVE PLAN COMMISSION May 1, 2002 Zoning Ordinance, consideration of amendment to Section 17.44.060.C.1.e. Special Uses in the B-5 Town Center District to include "family entertainment Center," and Chapter 17.44—Business Districts pertaining to amusement and entertainment uses 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. Samuels Ms. Dunn Mr. Panitch Mr. Smith Ms. Bocek Ms. Kenski-Sroka Commissioners absent: None Also present: Mr. Bill Feldgreber Mr. Craig Johnson Mr. Jeff Braiman, Village Trustee Mr. William Raysa, Village Attorney Mr. Robert Pfeil, Village Planner Mr. Greg Summers, Associate Village Planner Chairman Ottenheimer stated that since he is a principal in the subject matter he would recuse himself from the Public Hearing. Vice Chairman Ottenheimer noted that the two public hearings on the Cosmic Zone would be done first, followed by discussion and vote at which time the commission will reconvene for discussion on the Park District. No exhibits were presented by the petitioner at the public hearing. Mr. Pfeil noted at the meeting on April 17, 2002 zoning text amendments that were developed to accommodate the proposed Cosmic Zone at Town Center were presented. A definition of family entertainment center was introduced for addition to the B-5 District where the Cosmic Zone use is proposed. There was also some conditional language concerning supervisory requirements. This language has been changed to focus more on a security plan for the facility as approved by the Village. That would imply review and recommendation by the Police Department. If a Special Use for a family entertainment center were approved, it would be subject to a security and management plan that would be reviewed and approved by the Village and then revised as needed depending on conditions identified by the Village. Mr. Pfeil read the proposed definition of "family entertainment center:" a facility wholly enclosed in a building providing a variety of amusement and recreation activities to the general public for a fee. Activities include a principal recreation use, such as, but not limited to, bowling, appealing to a broad range of age groups. Accessory activities may include amusement devices (electronic games and other equipment as defined in Section 5.12.010 of the Buffalo Grove Municipal Code), batting cages, laser tag, party rooms, pool/billiard tables, other similar amusement and recreational activities, retail sales, and the service of food and alcohol (pursuant to applicable Village regulations). Mr. Pfeil noted that uses such as pool tables and billiards are permitted in the B-5 District. There are other uses that are part of this family entertainment proposal that are not defined in the ordinance such as gamerooms and laser tag and such things. Mr. Pfeil further stated the exact Special Use of a family entertainment center would include and be subject to the following conditions: Security and management—The facility, including adjacent outdoor areas, shall be managed to maintain the safety of customers and to avoid the creation of nuisances affecting adjacent properties and businesses. A security plan (including but not by way of limitation, adult security personnel), subject to approval by the Village is required prior to issuance of a Certificate of Occupancy. The Village may, in its discretion, from time to time reviews the security plan and require appropriate changes. Failure to make required changes or failure to implement said changes to the approved security plan may result in the revocation of the business license. Vice Chairman Samuels noted there had previously been considerable discussion about the ability to have more than 8 coin operated amusement games as part of the center and the hours of operation, which had to do with a retail operation within 80 feet of a residential zoning district. He asked if there was anything proposed with regard to either of these issues. Mr. Pfeil stated no as the coin operated amusement devices are regulated by Chapter 5.12 in the Municipal Code rather than the Zoning Ordinance. That section of the Municipal Code now allows at most 8 coin operated amusement devices for establishments with a liquor license. Chapter 5.12 of the Municipal Code would need to be amended to allow more than eight games in any establishment. He noted that is not being done in the current discussion concerning Zoning Ordinance amendments. An additional amendment to Chapter 5.12 would be necessary, probably reviewed by the Plan Commission at the direction of the Village Board. Vice Chairman Samuels asked if a referral for that would be needed from the Village Board. Mr. Pfeil stated that in his opinion that would be necessary. He stated the Village Board may want to identify some conceptual issues and then refer the matter to the Plan Commission. Vice Chairman Samuels asked if there is any problem with this plan being approved, which includes 20 to 30 coin operated games, as this would be contrary to the ordinance that is not being amended. Mr. Raysa stated he does not see a problem with that. He noted it would mean the Plan Commission's recommendation to the Village Board would require an amendment to the ordinance. Vice Chairman Samuels asked about the hours of operation issue and if there has been any additional discussion. Mr. Pfeil said it would be appropriate for the Commission to comment on appropriate hours of operation. The specific conditions that relate to the property is that it is a retail use as far as staff s interpretation of the Municipal Code that is less than 80 feet from a residential property line. This means that Chapter 5.40 applies to the property and would require midnight closing. The Village Board would need to amend this provision of the Municipal Code to allow a later closing time. Commissioner Panitch asked why there needs to be three, family entertainment center, amusement establishment and recreation places, definitions when it would seem family entertainment center falls within recreation places. Mr. Pfeil noted that the language about amusement establishments and recreation places is the current B-2 or B-4 text. They are not tightly coordinated between those two districts. Family entertainment center is a broader, more diverse type of use than facilities such as a pool hall. That is a fairly specific use and family entertainment was meant to be more encompassing. Commissioner Panitch asked if this suggested eliminating the other two or adding a third element. Mr. Pfeil stated what is being suggested is adding family entertainment center to B-5 and in the B-2 and B-4 taking what are permitted uses now in those two districts and putting them into the special use category. Commissioner Panitch noted that we are therefore looking to creating family entertainment centers as a special use in the B-5 District and moving the amusement establishment and recreation places to special uses in the two respective districts. Mr. Pfeil stated that is correct. Commissioner Panitch asked if the wording of recreation places that say "or other places of amusement and entertainment" seem to include items that the family entertainment center includes. He asked if there could be one definition that encompasses all three instead of creating a new definition for the B-5. Mr. Pfeil stated the family entertainment center is really a more diverse and encompassing type of use than some of the other ones that have traditionally been contemplated in the B-2 and B-4 Districts. It is intended to address the concept of the family entertainment center which is not what is allowed in the B-2 or B-4 District. Vice Chairman Samuels noted the family entertainment center is one place where many things go on whereas the language of the other two districts refers to any of a number of places. The connotation is that it is a single use facility. Commissioner Panitch noted that if that is the major difference he wonders if all of the other words are then necessary in the definition. Vice Chairman Samuels noted it is always of some benefit in an ordinance to give some example of the types of things that are contemplated, but not limited to those items. Commissioner Smith asked how the term retail use was established here. Mr. Pfeil stated the Cosmic Zone does propose a pro shop with some retail sales and it has a restaurant that is classified as retail in terms of sales tax. Those two elements are literally what makes it"retail." Commissioner Smith asked where the number of 8 games originated and why it is so few. Mr. Pfeil stated it was 3 until a few years ago when it was amended upward to accommodate specific requests from establishments with liquor licenses. The Village Board was uncomfortable going much higher than that. It is somewhat arbitrary but when you get higher than 8 it turns into more of a bona fide arcade type of facility. Only those establishments with a liquor license can be licensed for up to 8 games. Mr. Feldgreber asked what the reason was for the language in the definition stating, "wholly enclosed in a building." Mr. Pfeil stated that is standard in the Village's Business Districts. The B-4 is an exception which allows outdoor automotive sales and things of that nature. In general, the B-1, B-2, B-3 and B-5 Districts require activities to be indoor. Mr. Feldgreber asked if a special use or a permit would be needed for something held outside. Mr. Pfeil stated certain things might be allowed on a temporary basis but those are permitted very specifically for finite time periods. If it were an ongoing aspect of the use in that district another zoning text amendment would be needed to explicitly allow that as part of the special use. Mr. Feldgreber stated his other concern with the definition is in the use of the words, "for a fee." He noted that if they did a charity event, there are no fees. He therefore sees no necessity for that language. Mr. Raysa stated he does not see any necessity for those words and tends to agree with the comment that if a charity event were held there would be no fees and the way the definition is drafted, it might not be allowed. Mr. Feldgreber stated some of the words chosen for the security and management requirements seem somewhat strong. He noted concern with the language..."The Village may, in its discretion, from time to time review the security plan and require appropriate changes. Failure to make required changes or failure to implement said changes to the approved security plan may result in the revocation of the business license." He noted that sometimes tends to be a subjective view of the Village without discussion or mutually agreed upon changes. Mr. Pfeil noted they had received Mr. Ottenheimer's version of language for this and the Police Department strongly prefers the staff version. He noted the Village needs to have control over facilities serving large groups of people. The first petitioner who develops the management plan may eventually sell the business to a new operator. The Village has to be in the position to control these types of uses that have a variety of amusement and recreation activities that require careful and on-going management. Mr. Feldgreber agreed but noted his concern is that the person making the decision is not someone who is knowledgeable in the industry and they are making a decision based on their own knowledge instead of the overall picture. Whoever is making this decision needs to understand the business. He noted he is looking for some softening in the language. Mr. Ira Kulbersh, 351 Town Place Circle, asked what kind of security would be provided after the closing of the establishment. He stated his concern is that people coming out after closing will be roaming around and to limit security just to the inside of the establishment is not sufficient for the residents. Vice Chairman Samuels noted the language of the ordinance is that the security put into effect must be acceptable to the Village. That does not entail only security within the premises themselves. The ordinance is proposing that a security plan, subject to approval by the Village, is required before a Certificate of Occupancy and then periodic review and possible changes which the Village can initiate on its own. Mr. Kulbersh stated he would like to see the stronger language kept. Commissioner Panitch noted that the words of the ordinance state that they must maintain the safety of customers and avoid the creation of nuisances affecting adjacent properties and businesses. It clearly states that the overall area will be part of their security plan. Ms. Liz Foote, 351 Town Place Circle, stated this would be a teenage daycare center that is opening a can of worms for the residents here. She asked what would prevent the ordinance from changing the 80 feet restriction down to 20 feet or so. She noted this was the type of community that did not have this type of operation. She noted it is an elderly community that encircles this area and there will be music blaring, engines revving and all kinds of commotion. Vice Chairman Samuels noted the proposed ordinance to allow the creation of the family entertainment center in the district specifically states that they must manage it by using security to avoid the creation of nuisances affecting adjacent properties. Ms. Gertrude Lempert, 351 Town Place Circle, noted the problems in a Palatine facility which started as a record shop then because a teenage hangout and is now a dance place. They had a great deal of commotion and it was finally closed. Ms. Karen Larson, 1279 Farnsworth, stated the idea of not being able to change is wrong. She noted this is a vital community with a lot of young people and it is up to a panel such as this to look at change. If there are problems then the situation is revisited and changes are made again. Vice Chairman Samuels continued the public hearing on the ordinance. Respectfully submitted, Fay Rubin, Recording Secretary APPROVED BY: MICHAEL SAMUELS, Vice Chair