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2002-02-06 - Plan Commission - Minutes Board or Commission: ❑ Plan Commission Document Type: ❑A e g nda 0 Minutes Meeting ate: 02/06/2002 Type of Meeting: PUBLIC HEARING (Continued from January 23, 2002) BUFFALO GROVE PLAN COMMISSION February 6, 2002 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 Mr. Trilling Mr. Feldgreber Mr. Panitch Mr. Smith Ms. Bocek Ms. Kenski-Sroka Commissioners absent: None Also present: Mr. David Hene, Dominick's Finer Foods Mr. Walter Hainsfurther, Kurtz Associates Mr. Rolf Kilian, Metro Transportation Group, Inc. Mr. William Raysa, Village Attorney Mr. Jeff Braiman, Village Trustee Mr. Robert Pfeil, Village Planner Mr. Greg Summers, Associate Village Planner The following exhibits were presented by the petitioner at the public hearing: Exhibit A: Preliminary Site Plan dated December 28, 2001 Exhibit B: Building floor plan and elevations dated December 28, 2001 Exhibit C: Proposed materials board Exhibit D: Canopy elevations and sign details dated December 28, 2001 Exhibit E: Drawing of signs dated October 5, 2001 Exhibit F: Preliminary Landscaping Plan dated January 2, 2002 Exhibit G: Photo of fuel center at eye level from across Lake Cook Road dated February 6, 2002 Exhibit H: Photo of fuel center dated February 6, 2002 Exhibit I: Photo of fuel center from across street (pedestrian view only) dated February 6, 2002 Exhibit J: Photo of fuel center going eastbound in car on Lake Cook Road dated February 6, 2002 Exhibit K: Preliminary tanker access plan dated December 18, 2001 Exhibit L: Video presentation of truck access dated December 10, 2001 Exhibit M: Photometric plot dated January 2, 2002 Mr. David Hene of Dominick's Finer Foods stated they are seeking a recommendation for approval to the Planned Unit Development in Chase Plaza. He stated they are proposing to add a fuel center to the Chase Plaza shopping center at the northeast corner of Arlington Heights and Lake Cook Roads at the southeast corner of the site. He stated there have been a number of concerns expressed by the Plan Commission and Village Board and they feel they have now addressed those concerns. At the December 19th Plan Commission meeting there were only a few concerns, mostly with architecture, as to making the kiosk blend in with the existing shopping center as well as handling the location and appearance of the trash dumpster. He further stated they are committed to being open to suggestions by the Plan Commission. They feel they have a lot of flexibility in the site design and in their operation and they will comply with whatever it is that the Plan Commission and Village Board believes to be the most appropriate manner in which to design and operate this site. Mr. Hene reviewed the changes made to the plan since the last meeting. He noted the canopy has now been split into two pieces. They have made the fuel center kiosk building smaller and it is now a walk up instead of a walk in facility. They decreased the shopping gross leasable area by a few hundred square feet based on the reduction of the fuel center kiosk They have increased the size of the fuel tank, which allows for greater flexibility in terms of when they can deliver fuel. They have also decreased the signage on the freestanding sign. It is no increase over what is there today, but it is a decrease in terms of letter height from what was previously proposed. Mr. Hene stated they submitted a market analysis of what the macro needs are in Buffalo Grove for a fuel center. The study concluded there was a deficiency of over 25 pumps, which equates to over 50 fueling stations within a one-mile radius of this site. He noted they also conducted a survey in their store of about 100 people. This survey was intended only to provide a flavor of what the citizens of Buffalo Grove thought about the fuel center. The most interesting fact is that 76 percent of those who responded said they supported the fuel center and 85 percent of the total said they would buy gas. Mr. Hene further noted they also submitted a number of letters from a wide range of people, citizens, business owners and operators, tenants within Chase Plaza, as well as letters from the Village of Niles and the Village of Shorewood. All of those letters were in support of the Dominick's fuel center in their town from their perspectives. Mr. Walter Hainsfurther of Kurtz Associates stated the proposed fuel center has only a very small kiosk that is used primarily to exchange money. That kiosk originally was about 400 square feet and has now been reduced to 250 square feet by making it a walk up kiosk. Mr. Hainsfurther stated one of the things that are prevalent in the existing architecture of Chase Plaza is the arcade, which runs along the front with the arched openings. They have tried to replicate that by creating a covered portico area along the south wall with arched details made out of brick. The brick will match the brick on the existing Chase Plaza. He noted they have included two safety rails, one on either side of the building so that as people walk from the fueling area, you are forced to walk outside of the traffic that runs between those areas. Mr. Hainsfurther noted the trash enclosure was originally located on the most easterly parking area. They have now incorporated a couple of garbage cans on the back of their building behind a brick wall on the north side of the building. It is fully gated and enclosed. It is a small enclosure but will be sufficient for the needs of this building and it does get the trash away from the traffic circulation on the site. Mr. Hainsfurther stated the staff had some concerns about materials. There are some inset precast concrete or stone decorative items to break up the brick, which they have included. There are stone accents, a stone cap along the top of the building and there is some limited use of eifis material where there is the sign area. He further noted the building would be all face brick. The canopy fascia is a pre-finished metal. Mr. Hainsfurther noted there were some concerns about visibility previously. They have now split the canopy into two separate canopies, each 36 x 30 feet. They would have one sign that says Dominick's with the red and green flag on the western canopy facing Lake Cook Road and the stripes on the eastern side. The canopy fascia is only 3 feet 9 inches only. It is necessary to have it that wide to cover the structure that supports the canopy. In addition there would be the word Dominick's and the flag on the east and west sides of the building as well as on the north side of the building. There is also the word Dominick's over the fuel dispensers and then there is a changeable sign area that is called a pump topper that sits on top of the dispensers. Dominick's has volunteered to provide that to the Chase Plaza neighbors so they can advertise their stores and products. This met with resounding success even by those who did not necessarily support this proposal. Mr. Hainsfurther stated they are strictly redoing the existing sign to allow for advertising the fuel. They are not increasing the size and are only changing the face of the sign. They are not asking for any more signage. Mr. Hainsfurther reviewed the landscaping plan, noting they are trying to enhance the existing landscaping. They are pulling an area that is currently parking and paved back to the north and bring in some additional plant material along Lake Cook Road. They would also be adding some plantings into the planter areas that will be created by the reconfiguration of the parking. He noted they have adequate parking both by code and by practical analysis. They will, however, be upgrading the landscaping in the center. Mr. Hainsfurther stated the fuel tanks is an important aspect of the change they have undergone in this project. There was concern about delivery schedules and the intrusiveness to existing tenants. To answer that problem they have increased the capacity of their underground fuel tanks which are located on the north side of the proposed fuel center. They have gone from a capacity of 40,000 gallons to a capacity of 50,000 gallons by increasing the size of one of the tanks. That allows Dominick's to control the delivery schedule to the point where after hours delivery becomes no problem. While the tanker truck does move freely through the route that has been proposed before, it offers the ability to have deliveries at a time and in a manner that meets with Plan Commission approval. Mr. Hene stated they had an opportunity to speak to all of the tenants in Chase Plaza. He noted Dominick's offered them signage on the pump toppers. There were a number of tenants who were enthusiastic about that. It was made very clear to them that the signage was available to all tenants regardless of their opinion of the fuel center. Mr. Hene reviewed photographs of the fuel center from various vantage points. He concluded that the photographs basically demonstrate that the visibility of the shopping center is basically unchanged by the additional of the fuel center. There is no difference to the motorist driving down Lake Cook Road as to what Chase Plaza is or what tenants are there. Mr. Rolf Kilian of Metro Transportation Group stated they prepared the traffic study for the site. He noted a significant portion of the traffic that comes to the facility is already there. These are Dominick's customers that come to shop. Up to 80 percent of the customers fueling here will be Dominick's customers. In addition, a portion of the traffic is also pass by traffic. That is traffic that is one the road, bypassing the site that will be intercepted. Approximately 20 percent of the traffic that will be generated by this facility will actually be new traffic drawn to this facility. The impact during the busiest hours of the day, which are typically the weekday afternoon, rush hour and also midday Saturday. They will only be generating 35 new trips during the weekday afternoon period and 50 new trips during the Saturday midday period. This traffic is distributed fairly evenly over the two major roads. The access system available to serve this facility is also very good because you have two major entrances, which serve this shopping center. Mr. Kilian noted the Village traffic consultant has reviewed Metro's projections and they generally agreed with the conclusions that traffic impact would be minimal. They did, however, conduct their own analysis using different assumptions such as less traffic coming from Dominick's (40 percent) and different pass by traffic. Their conclusion was that even using their own assumptions, the impact was minimal. Consequently no offsite improvements are required. Mr. Kilian noted the location of the proposed fuel center is about 20 feet north of Lake Cook Road and traffic stacking up waiting to exit the shopping center on Lake Cook Road does not back up into the site and the driveway will remain clear of traffic. With regard to circulation, there is plenty of distance to circulate as you enter or leave the facility. When a tanker truck comes in to fuel even when the facility is in full operation, there is plenty of room for the tanker truck to make its delivery and still sufficient room for vehicles to continue to use the facility. Since the size of the underground tanks have been increased, they have been able to reduce the number of deliveries to 2 or 3 per week which is a very insignificant number of truck movements. Mr. Kilian stated the truck routing is intended to bring the trucks along the north side of the shopping center around the rear service area and down the east side of the shopping center building and directly into the area where the tanks are and then exit directly onto Lake Cook Road. He reviewed the videotape of the tanker delivery maneuvers. Mr. Hene reviewed the criteria for Special Uses and noted the following: 1. According to their survey Dominick's customers have endorsed the use as one they would like to see established. Similar operations by Dominick's have not resulted in detrimental effects to the shopping centers in which they are located or the welfare, health, safety, comfort or morals of the public. Several letters from suburban municipal officials have been submitted for facilities in their community as well as from shoppers and other residents of Buffalo Grove and business owners within Chase plaza. 2. The proposed outlot is large enough to adequately support the proposed development. The proposed use is permitted in the B-2 zoning district. There is no direct access to the development from any of the surrounding streets. Impact to the street system is negligible as confirmed by both traffic engineers. 3. The proposed use is in keeping with the uses that are permitted and existing in the zoning district as stated earlier in the permitted use in the B-2 zoning district and therefore compatible with the area development and there is no diminution in property values. 4. The facility has been redesigned from the initial presentation to become more compatible with the existing Chase Plaza. The modifications include creating two separate canopies over the pump islands. Designing the canopies in this manner will allow better visibility to the shopping center. Modifying the design of the building so that elements such as arched openings and brick treatments are incorporated. Design places visually transparent features closer to the street. The proposed plan does not effect existing landscaping but provides more landscaping opportunities in the areas of the proposed facility. 5. The proposed development will be located in the existing under utilized parking area. Adequate utilities are provided and the Fire Department requests an additional hydrant, which they will provide. 6. Parking calculations show there is adequate parking for both this development and the center as a whole. This has been confirmed by the planning department, Metro Transportation Group and the Village's traffic consultant. The proposed development will not create additional traffic hazards or congestion. Chase Plaza is a corner lot and no additional driveways are proposed. All traffic will flow through existing driveways and the shopping center will continue to operate as a coordinated development. Dominick's also presented a videotape testimony demonstrating a field delivery vehicle that adequately serves the facility additionally by increasing the storage capacity of the underground fuel tanks. The delivery schedule can be controlled to limit deliveries to the shopping center's off-hours. Regarding the Planned Unit Development general standards, Mr. Hene stated the following: 1. The outlot meets the minimum lot size for the B-2 zoning district. 2. The underlining zoning is B-2, which permits a fuel center by right. The surrounding developments are all of commercial uses and nature and thus compatible with the proposed use. 3. The proposed modification is situated in the existing parking lot of Chase Plaza shopping center and no modifications to the provisions mentioned in the standard apply to this application. 4. No variances from the requirements of the B-2 district are requested. The development complies with all aspects of the municipal code for the district and no relief is sought. 5. The proposed modification to the Planned Unit Development creates an outlot which will be developed in a reasonable manner. The proposed development is considered to be an ancillary use for the existing Dominick's store in Chase Plaza and will be used primarily by Dominick's customers. The existing center and Buffalo Restaurant will not be negatively impacted. Regarding the general objectives for a Planned Unit Development, Mr. Hene stated: 1. The protection of both the aesthetics and function of the natural environment does not apply since the parcel is already development. 2. The fuel center will be a self-contained unit and will not infringe upon the parking or circulation areas of Chase Plaza. The facility has been redesigned from the initial presentation to become even more compatible with the existing shopping center. The modifications include creating two separate canopies over the pump islands. Designing the canopies in this manner allows better visibility to the shopping center. Elements such as the arched openings and brick treatments are incorporated. The design places visually transparent features closer to the street. The proposed plan does not effect existing landscaping, but provides more landscaping opportunities in the areas of the proposed facility. The facility functions as an outlot, a common feature in similar centers throughout the community. 3. The center is a commercial development and regardless of the proposed modifications it will not increase or decrease the amount of open space on Lake Cook Road. 4. The provision of land area necessary to accommodate any cultural, educational, recreational or any other public or quasi-public activities necessary to serve the needs of the neighborhood. The proposed modification does not change this provision. 5. The land uses do not change. The fuel center is a permitted use in the B-2 district in keeping with similar developments in the Village. 6. This development does not have any residential portions. 7. The facility is so located as to not effect the separation between pedestrian and vehicular traffic patterns. Commissioner Smith asked about the hours of operation for the kiosk. Mr. Hene stated they would be open to restricting the hours if that is something the Plan Commission feels is appropriate. Commissioner Smith asked what would be a reasonable time for tanker deliveries. Mr. Hene stated the tankers could deliver at any hour of the day or evening. They are completely flexible. Commissioner Smith asked about detail regarding advertising for the other tenants. Mr. Hene reviewed the pump toppers and the area for advertising. Commissioner Smith asked about outside sales items. Mr. Hene stated if the Plan Commission recommends no outside sales at the fuel center, they would abide by that. Commissioner Smith asked why three turns at level F are no concern. Mr. Kilian stated those three turns are left turns exiting the development and that is fairly typical because left turns need a gap in traffic in both directions. The tools used to run capacity analyses for unsignalized intersections have not been refined to the extent that it takes into consideration artificial gaps in traffic that are created by a signal downstream or upstream. When you run the analysis you will get one level of service and when you go out and actually watch what is occurring you will see something different because the analysis only considers the volume of traffic and does not consider any artificial gaps that traffic signals create for those vehicles to exit. Commissioner Samuels asked if the developer anticipates objections from customers due to the gap between the canopy and the paying kiosk in bad weather. Mr. Hene stated he does not think so because about 70 percent of the people are going to be paying at the pump. The rest of those people will buy their gas elsewhere if they find it inconvenient. Commissioner Feldgreber asked if there had been any traffic studies done at the other locations that have fuel centers. Mr. Kilian stated they did do other traffic studies. He stated there is a facility in Niles that was surveyed and the projections used were the same as this facility. However, when the survey was done after the facility was in operation, the actual volumes were significantly less at about 40-45 percent less. Commissioner Panitch asked if there was any simulation of the tanker exit onto Lake Cook Road. He noted it seemed that the tanker truck was going over the curb. Mr. Hainsfurther stated the simulation is only as good as the person running it. Most of the driveways are narrower than the one here. 36 feet is a generous driveway and there have not traditionally been any problems with tankers being able to get in and out of such a driveway. Mr. Kilian noted the turning paths that the computer program uses are somewhat different than the actual occurrence. Commissioner Panitch asked who would be responsible if something should happen to the curbs at the entrance and exit area in the center. Mr. Hene stated the landlord for the rest of the tenants coordinates the common area maintenance. However, if Dominick's damages something then they would have to take care of the damage. Commissioner Panitch asked what the preference would be for tanker deliveries. Mr. Hene stated he could see 7:00 p.m. to 10:00 a.m. hours for delivery. Commissioner Panitch noted that the photos shown for the line of site with the canopy show the canopy very clearly and he is not sure that is what is better as a focal point than having no focal point at all. Commissioner Panitch stated he concurs that he would not like to see any outside sales at the kiosk. Commissioner Trilling asked if all of the signage on both the canopy and the regular signs was necessary. Mr. Hene stated the signage on the canopy is more important than the signage on the kiosk He would rather therefore see the signage on the kiosk go. He further noted he would prefer to keep the striping at least on the canopy. Chairman Ottenheimer stated he would like to get a better handle on the following issues in order to give some direction to the petitioner: 1. Outside sales 2. Hours of operation 3. Delivery schedules for fuel Commissioner Samuels noted it would be more appropriate for these items at the regular meeting. Mr. George Krug, 297 St. Mary's Parkway, Buffalo Grove, stated he was critical of the marketing report. He noted they are talking about a rapidly growing community, which this is not any longer. He stated he feels the fuel center will be an addition to Buffalo Grove and keep us in the 21st century. However, he noted this is not really a new concept. He further stated he would recommend that an exit from the center onto Lake Cook Road be restricted to a right turn only. Mr. Michael Quinn of D'Ancona & Pflaum, stated he represents Multi-Employer Pension Trust which is the owner of the one story office building located immediately east of the proposed fuel center. He stated he has been asked to register a very strong objection to this proposal. He stated a gas station at this location would have a significant negative impact on their property. He noted their tenants would be coming in and out right in front of the gas station. They are also concerned with gas vapors intruding into the building because of the proximity of the center to both the entrance and the HVAC units on the roof. He further stated they believe this application violates two of the standards as noted by Mr. Hene. First, 17.28.040.D.3, states the special use will not be injurious to the use and enjoyment of other property in the immediate vicinity of the subject property nor substantially diminish and impair other property valuations with the neighborhood. He stated they have not shown that they will not be injurious to other uses. They believe it will be injurious in their ability to rent the premises to their tenants. Secondly, they believe the application also violates 17.28.050.D.1 which states all Planned Unit Developments shall meet the following general standards: The uses permitted in such development are not of such a nature or so located as to exercise an undue detrimental influence or effect upon the surrounding neighborhood. He noted they believe this proposal will have a severe detrimental effect on their ability to rent this particular office building. Mr. Quinn noted there will be a dramatic change in the view from the office building into the shopping center and they believe it will adversely effect their use. Finally, he noted the tanker access would come down the entire north/south access to their office building right past the tenant parking. He noted their morning rush hour is at 7:00 p.m., which was suggested as a time for tanker deliveries, and there would be tenants trying to get in and out of their parking spaces. For all of these reasons they ask that this application be denied. Ms. Margie Berz, 420 Checker Drive, stated a gasoline station is not good when so close to a food store where people who have just filled up their car then come in and touch fruits and vegetables. She noted that since this is a private lot, the police department would not be able to ticket people and she noted this is about the ninth station within a mile radius. Mr. Hene stated in response to Mr. Quinn's comments that the office building in question has a single row of parking in front of it and a number of dumpsters. If the main entrance to the office building is where described by Mr. Quinn then most of the people parking for the office building would be parking in the Chase Plaza shopping center itself. While there is a cross access easement, there is no cross parking easement. He further noted they have not had any situations where there have been noxious odors to any detectable level to any neighboring businesses. If the office building does not get carbon monoxide or other effluence from exhaust in through the HVAC systems from Lake Cook Road, then the fuel center will not exacerbated that situation in any way. Mr. Hene stated the position Dominick's has taken with regard to the standards has been substantiated by both tenants in the center as well as customers and residents in Buffalo Grove who have said this is not an injurious use and that it is something that is wanted in the shopping center. In fact, it increases the attractiveness of the shopping center and brings some activity to the side of the center that does not see much activity at this moment. In terms of a view from the office building toward a fuel center, it is not much difference of their view now at an empty parking lot without much landscaping. In addition, the fuel truck, if allowed during office hours, will have fewer trucks delivering than there are trucks picking up garbage at the office building. This would seem to cancel each other out. However, if the desire is to tighten up hours for fuel delivery, they will be happy to live with such a restriction. Mr. Hainsfurther stated the EPA mandates that all fueling facilities put in a vapor recovery system. This system will be state of the art, fully monitored with leak detection. Mr. Matthew Burdeen, 1148 Lake Cook Road, stated garbage trucks are in the center for a very short time whereas a fuel truck takes considerably longer. Further, snow would hinder the tanker truck access as the maneuver appeared very difficult. If the gas station is not successful, it would be hard to resell and would the station then be removed. He stated he feels this proposal will greatly diminish their business. A gas station in front of their property demeans the center. He further noted Mike Mullen, a real estate agent of Safeway, who offered them money in place of their growth, had contacted them when the gas station does diminish the growth of their store. Therefore, he believes that Safeway already knows that the fuel center will be detriment to the center. He stated this gas station would only benefit Safeway and not the community. He noted the fuel station would harm the businesses in Chase Plaza. Mr. Hene stated if snow should somehow hinder access to the shopping center, they will have the snow removed and taken off site. If the fuel center were not to be successful, it is incumbent upon them to have the tanks removed within six months as required by the EPA. He further noted he would remove the entire facility if the station were closed. He noted that Dominick's operates grocery stores and they like to own their stores. However, they are not landlords or developers. When Chase Plaza went on the market, it was not just Dominick's that went on the market, it was Chase Plaza. Dominick's bought Chase Plaza, owned it for about one year and sold it. It was an opportunity for Dominick's to put themselves in a more comfortable position and maintain the existing operation at Chase Plaza. Mr. Krug stated he would like to see the removal of tanks quicker than required by the EPA and such language be added to any approval. Mr. Mike Kubaszewski, 8 Whitehall Ct., stated his concern is with the lighting at the gas station as his house is directly across the street. Mr. Hainsfurther stated no additional light standards are planned in the parking lot itself. The only lights will be from the canopy and those will be down lights. There is a six-inch lip on the canopy so there is some shielding. There would be a light in the arcade area of the kiosk and all those lights would be turned off at night except for what would be needed by the police department to insure safety. Mr. Hainsfurther stated that if stores like Dominick's are going to succeed and be viable in a community, they will have to office services such as the one proposed here. Mr. Hene asked for a favorable recommendation for the Village Board and stated if there are conditions to be added to the recommendation, they are quite willing to abide by those. There being no further comments or questions from anyone else present, Chairman Ottenheimer closed the public hearing at 9:45 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: 02/06/2002 Type of Meeting: ❑ Regular Meeting REGULAR MEETING BUFFALO GROVE PLAN COMMISSION February 6, 2002 Proposed Dominick's fuel center, Chase Plaza, north side of Lake Cook Road east of Arlington Heights Road,Amendment of a Planned Unit Development (P.U.D.) and Preliminary Plan in The B-2 District Chairman Ottenheimer called the meeting to order at 9:45 p.m. in the Village Council Chambers, Buffalo Grove Municipal Building, 50 Raupp Boulevard, Buffalo Grove, Illinois. Commissioners present: Chairman Ottenheimer Mr. Samuels Mr. Trilling Ms. Dunn Mr. Feldgreber Mr. Panitch Mr. Smith Ms. Bocek Ms. Kenski-Sroka Commissioners absent: None Also present: Mr. David Hene, Dominick's Finer Foods Mr. Rolf Killian, Metro Transportation Group Mr. Walter Hainsfurther, Mr. Jeff Braiman, Village Trustee Mr. Robert Pfeil, Village Planner Mr. Greg Summers, Associate Village Planner APPROVAL OF MINUTES Moved by Commissioner Samuels, seconded by Commissioner Feldgreber to approve the minutes of the public hearing of January 9, 2002. Commissioner Trilling noted the need for additional wording in paragraph 4 on page 19. All Commissioners were in favor of the amended motion and the motion passed unanimously with Commissioner Dunn abstaining. Moved by Commissioner Samuels, seconded by Commissioner Kenski-Sroka to approve the minutes of the special meeting of January 9, 2002. All Commissioners were in favor of the motion and the motion passed unanimously with Commissioner Dunn abstaining. COMMITTEE AND LIAISON REPORTS Commissioner Trilling attended the Village Board meeting on February 4, 2002 and noted the Board approved the Jacobs Homes plan. In addition the Board referred a family entertainment center to the Plan Commission. Commissioner Samuels stated he did not realize the Jacobs Home plan would go to the Board for approval before coming back to the Plan Commission for review of aesthetic matters. Mr. Pfeil stated the P.U.D. ordinance does not approve the appearance elements, rather it stipulates those are subject to further Plan Commission review. Commissioner Samuels stated his vote to approve subject to their compliance with additional aesthetic matters was made with the thought that he could make a motion to reconsider if he was not satisfied with the aesthetics. He stated he would reconsider his vote on the entire ordinance if he cannot get satisfaction on the aesthetic issues that are still up for discussion. Mr. Pfeil stated the Village Board has approved the P.U.D. ordinance, so he does not know if the Plan Commission could retract its recommendation. He stated there must be some faith that an acceptable aesthetic package will be provided by the developer. Commissioner Samuels noted that he never would have agreed as he did had he known it would be this way. Chairman Ottenheimer stated he was under the same impression which was why he was surprised when he learned the Village Board had approved the matter. Mr. Pfeil stated the developer made a very strong request to move ahead in the process because of the contractual obligations they have to buy the property. It is always a judgment call on the part of the Village concerning time constraints cited by developers. The annexation agreements are ticking on the Nelson and Giometta properties and their agreements were that they would remove their current uses and make their properties available for a developer to assemble. Jacobs is running up against factual deadlines. Jacobs Homes has stated that the real estate closings are scheduled in March or early April and they needed to have assurance that they will be allowed to build the 53 units on the plan recommended for approval by the Plan Commission. To some extent Jacobs and his team must be trusted to follow through with an aesthetic package acceptable to the Plan Commission. Mr. Raysa noted the P.U.D. ordinance approves the zoning and preliminary plan, but is subject to appearance approval or there will be no development or building permits from the Village. Mr. Pfeil pointed out that the developer is also putting two story bay windows into some required setbacks. A public hearing is required to allow the two-story bay windows and the projections of bay elements into the required setbacks. The public hearing and appearance review will be considered on the same Plan Commission agenda. PROPOSED DOMINICK'S FUEL CENTER, CHASE PLAZA, NORTH SIDE OF LAKE COOK ROAD EAST OF ARLINGTON HEIGHTS ROAD, AMENDMENT OF A PLANNED UNIT DEVELOPMENT (P.U.D.) AND PRELIMINARY PLAN IN THE B-2 DISTRICT Moved by Commissioner Samuels, seconded by Commissioner Trilling to recommend approval to the Village board of an amendment of the Planned Unit Development and Preliminary Plan in the B-2 General Retail Business District so that the petitioner may build its proposed fuel center for gasoline sales in the southeast portion of the Chase Plaza shopping center parking lot, regarding the property commonly known as the Chase Plaza shopping center at the northeast corner of Lake Cook Road/Arlington Heights Road, pursuant to the testimony produced at the public hearing, the documents admitted into evidence and all discussions, subject to: 1. A prohibition on outside storage and sales of incidental items in the gasoline sales area and specifically in and around the kiosk. 2. The delivery schedule for the tanker trucks being limited to between 10:00 P.M. and 6:00 a.m. Commissioner Trilling moved to amend the motion to include the hours of operation to be 6:00 a.m. to 11:00 p.m. Commissioner Dunn seconded the motion. Commissioner Samuels stated the shopping center already has a 24-hour usage to it and he therefore feels the fuel center should be a 24-hour operation. Commissioner Feldgreber stated his only concern with a 24-hour operation is in summer when kids are filling up with gas and windows are open and music is blasting. There are people who live across the street who would be bothered. Commissioner Dunn stated she has a concern with the lights being on for 24 hours. Chairman Ottenheimer called for a vote on the amendment to the motion and the vote was as follows: AYES: Trilling, Dunn, Feldgreber, Bocek, Kenski-Sroka NAPES: Samuels,Panitch, Smith, Ottenheimer ABSENT: None ABSTAIN: None The motion passed 5 to 4. Commissioner Samuels stated he would accept the amendment, which is as follows: 3. Hours of operation for the fuel center will be 6:00 a.m. to 11:00 p.m. Commissioner Samuels stated he still has difficulty making a change to a PUD when the center is not failing. When a center is failing there is a need to make changes. Here everything is flourishing and he sees no need to change this PUD. He noted the petitioner has not shown a strong enough reason to change this PUD. The fact that the tanker trucks can make the maneuver does not say that they should make those maneuvers. Therefore he will not vote in favor of this motion. Commissioner Panitch stated he echoes many of Commissioner Samuel's sentiments. He further noted under the criteria for special use it states..."prevent traffic hazards, eliminate nuisance and minimize traffic congestion in the public streets...and the addition of the fuel center will not help any of these three items which is part of the criteria. He stated he would also vote no on this motion. Commissioner Smith stated there are many issues in this project that have been changed. The tanker delivery issue has been resolved with the restrictions agreed to by Dominick's. The canopy has been broken up to resolve the site line issue and the landscaping has been significantly improved. The parking has never been an issue and this is a permitted use with no variances requested. The Village's traffic consultant has noted that the addition of the fuel center traffic is not likely to have a noticeable adverse impact on traffic operations at the surrounding intersections. Vehicles entering and exiting the fuel center area are not expected to adversely effect traffic flow at the shopping center entrance at Lake Cook Road. He stated he must take the advice of professionals on such matters. He further stated he likes the fact of the cross marketing, which should help the other businesses in the center. He will therefore vote in favor of the motion. Chairman Ottenheimer stated he originally felt this development was too much for this center. However, he feels the petitioner has done an outstanding job and he has changed his mind, having all his concerns addressed. He feels this project is good for the Village and the shopping center and he will vote in favor of the motion. Chairman Ottenheimer called for a vote on the motion and the vote was as follows: AYES: Trilling, Smith, Ottenheimer NAPES: Samuels, Dunn, Feldgreber, Panitch, Bocek, Kenski-Sroka ABSENT: None ABSTAIN: None The motion failed 6 to 3. CHAIRMAN'S REPORT -None FUTURE AGENDA SCHEDULE Mr. Pfeil stated there would be a special meeting on February 13, 2002 and a regular meeting on February 20, 2002. PUBLIC COMMENTS AND QUESTIONS Commissioner Krug suggested the Plan Commission recommend to the trustees an ordinance prohibiting gas stations from having unattended dispensing of fuel. He further suggested encouraging the Village to continue the program of having sidewalks on both sides of the street and not allowing carriage walks. STAFF REPORT Mr. Pfeil stated there is a Plan Commissioner on line program available through the College of Lake County and if anyone wishes to register, please let him know. NEW BUSINESS Commissioner Samuels stated it seems to him that right turns on red should be prohibited for westbound Lake Cook Road and northbound Arlington Heights to eastbound Lake Cook. He also requested that the provisions for establishing a light at the new Dominick's be looked into. Lastly, he noted the right turn lane on Deerfield Road going westbound has been phased out causing people to go straight from the right lane. If it is supposed to be right turn only, it should be marked better and possibly enforced. If not, they should get rid of it entirely. ADJOURNMENT Moved by Commissioner Trilling, seconded by Commissioner Dunn and carried unanimously to adjourn. Chairman Ottenheimer adjourned the meeting at 10:30 p.m. Respectfully submitted, Fay Rubin, Recording Secretary APPROVED BY: LESTER OTTENHEIMER, Chair