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1993-07-07 - Plan Commission - Minutes REGULAR MEETING BUFFALO GROVE PLAN COMMISSION July 7, 1993 The Daube Company, 730 Hastings Lane - Special Use for Retail Sales in an Industrial District -- Workshop #1 Malnati's Pizzeria, 85 S. Buffalo Grove Road Rezoning from R-E to B-1 and Preliminary Plan for a Parking Area; Consideration of Variations to the Village Floodplain Ordinance for the Proposed Parking Area and for an Addition to the Existing Restaurant Building -- Workshop #1 Town Center Retail Area - Revision of the Preliminary Plan, Amendment of the P.U.D. and Amendment of the B-5 District of the Buffalo Grove Zoning Ordinance to Allow a Food Store as a Permitted Use -- Workshop #1 Emro (Speedway) - Final Plat Chevy Chase Business Park - West, Resubdivision No. 5 (Computer Discount Warehouse) - Final Plat Chairman Silbernik called the meeting to order at 7:30 p.m. in Room 9, Buffalo Grove Park District Alcott Center, 530 Bernard Drive, Buffalo Grove, Illinois. Commissioners present: Chairman Silbernik Mr. Goldspiel Mr. Krug Mr. Rhodes Mr. Rosenston Mr. Samuels Ms. Genell Commissioners absent: Ms. Howard Mr. Berman Also present: Mr. Paul Daube, The Daube Company Mr. Seth Pines, Ladehoff & Pines Mr. Gary Wiss, Engineer Mr. Kevin Rielley, Rudnick & Wolfe Mr. Gregory Hummel, Rudnick & Wolfe Mr. Glenn Johnson, Simon Development Co. Mr. Steven Fivel, Melvin Simon & Associates, Inc. Mr. John Marienthal, Village Trustee Mr. Robert Pfeil, Village Planner Buffalo Grove Plan Comm-Regular Meeting-July 7, 1993-Page 1 APPROVAL OF MINUTES Moved by Commissioner Genell, seconded by Commissioner Rhodes to approve the minutes of the Public Hearing of June 2, 1993 . All Commissioners were in favor of the motion and the motion passed unanimously with Commissioner Rosenston abstaining. Moved by Commissioner Rhodes, seconded by Commissioner Genell to approve the minutes of the regular meeting of June 2 , 1993 . Commissioner Goldspiel noted a grammatical error on page 13 , paragraph 2 . All Commissioners were in favor of the motion as amended and the motion passed unanimously with Commissioner Rosenston abstaining. Moved by Commissioner Rhodes, seconded by Commissioner Krug to approve the minutes of the special meeting of June 9, 1993 . All Commissioners were in favor of the motion and the motion passed unanimously with Commissioners Goldspiel, Rhodes and Genell abstaining. Moved by Commissioner Rosenston, seconded by Commissioner Genell to approve the minutes of the Public Hearing of June 16, 1993 . All Commissioners were in favor of the motion and the motion passed unanimously with Commissioners Silbernik and Goldspiel abstaining. Moved by Commissioner Genell, seconded by Commissioner Samuels to approve the minutes of the regular meeting of June 16, 1993 . Commissioner Genell noted that her vote should reflect as a nay vote instead of an abstention as she had changed her vote to be consistent with her disagreement of the entire plan. She noted that she believed Commissioner Berman also changed his vote to a nay. All Commissioner were in favor of the motion as amended and the motion passed unanimously with Commissioners Silbernik and Goldspiel abstaining. COMMITTEE AND LIAISON REPORTS Commissioner Howard submitted a typed report on the Village Board meeting of June 28, 1993 stating that: A: Lou Malnati's parking lot expansion was referred to the Plan Commission for review on July 7, 1993 . B. School District 102 Middle School Annexation Public Hearing was continued to July 12, 1993 . The School District is requesting variations to the Development Ordinance to waive requirement for underdrain in the storm water detention facility and to allow low area in parking lot to be less than 12 inches above the high water level of the storm water detention facility. Buffalo Grove Plan Comm-Regular Meeting-July 7, 1993-Page 2 C. Rolling Hills development was annexed and approved. D. Melvin Simon & Associates are requesting amendment of Ordinance No. 86-62 regarding the Buffalo Grove Town Center PUD, Sign Package and Zoning Text Amendment. The proposal was referred to the Plan Commission. The plan proposes to put in a 71, 000 square foot "food center" anchor tenant to be located on the south end of the center. Samuel T's Restaurant would be relocated to another part of the center. At the north end of the retail area, the plan proposes space for a theater and future retail development. Melvin Simon & Associates stated they would bear all costs involved in relocating the restaurant and modifications to the building at the south end of the retail center. The purpose behind their proposal is to change the status quo by repositioning the Town Center "through the addition of a new anchor tenant which will bring a new dimension to the market and expand the potential mix of retail uses. " Not only will this strengthen the existing retail mix, but it will open opportunities to bring other new businesses to the center. " Melvin Simon also requested a restructuring of the Town Center TIF bonds. Taxing bodies involved will meet to discuss this issue. E. Draft Ordinance concerning beer keg tags and parental responsibility was discussed. Further study is needed and the Trustees want an ordinance that is enforceable. F. Trustees upheld a Z.B.A. decision to allow a patio at 4 Belaire Court. It was determined that the patio would not cause more flooding to the adjoining neighbors backyards. What is causing their yards to flood is that residents over the years have filled in swales and elevated their yards, thus causing high water retention in neighboring backyards. Staff is studying ways to resolve this problem and others like it throughout the Village. THE DAUBE COMPANY, 730 HASTINGS LANE - SPECIAL USE FOR RETAIL SALES IN AN INDUSTRIAL DISTRICT -- WORKSHOP #1 Mr. Seth Pines of Ladehoff & Pines reviewed the Daube Company's plan for a retail sales addition to their existing facility. He noted that the existing facility has a total floor area of 19, 751 square feet including 12, 478 square feet of warehouse use and 5, 563 square feet of office use. The Daube Company proposes to use an area of 1,710 square feet as retail space to sell men's clothing in short sizes. Buffalo Grove Plan Comm-Regular Meeting-July 7, 1993-Page 3 Commissioner Goldspiel asked what the hours of operation would be for the retail area. Mr. Daube stated they have not as yet specified definite hours, however, they would like to run a 7 day a week operation as this is a destination shopping location. This means that sales depend on customers coming to the store specifically instead of depending on pass-by traffic. He further stated that they would probably like to be open weekdays until 6:00 p.m. and Saturdays and Sundays. He noted that being open on Sunday is a critical factor for them. Commissioner Goldspiel asked why this larger retail space which is not allowed by ordinance is necessary. Mr. Daube stated they currently have 2,700 square feet in their Chicago store and it is packed. Therefore, this facility would require at least the proposed 1,700 square feet in order to operate the business. Commissioner Goldspiel stated that retail is only supposed to be for items manufactured on the premises and asked what kind of warehouse operation is being run by the Daube Company. Mr. Daube stated that they are importers, distributors and manufacturers' representatives. They handle all types of men's apparel but do not manufacture any of it. Commissioner Goldspiel asked if they do any refinishing or alterations. Mr. Daube stated that alterations would be done, although none is being done at the present time. He noted one tailor would be necessary. Commissioner Goldspiel asked if the petitioner believes this operation would be compatible with the rest of the industrial park. Mr. Daube stated that there are really no down sides to this business. He noted the retail business is not high volume and would not bring high volume traffic, it is not a dirty business and customers are from mailing lists. He further noted that they will not do a great deal of advertising as this type of business is a specialty so heavy advertising is not worthwhile for such a small portion of the population. Commissioner Goldspiel asked how this addition relates grade wise and location wise to the opposite side of Pauline Avenue. He asked if the site is lower than the residential area or level with the residential area. Buffalo Grove Plan Comm-Regular Meeting-July 7, 1993-Page 4 Mr. Pines stated they had put a berm at the back of their property to separate themselves from the residential properties when they constructed the first half of the building. The berm is heavily planted and landscaped and the berm already exists for the proposed addition although it is not as yet planted. He noted that the berm would also be landscaped as the original berm has been. Commissioner Goldspiel asked how high the berm is. Mr. Pines stated that the berm is approximately 4 feet high on the Pauline Avenue side. Commissioner Goldspiel asked how many people would be working in the office and warehouse. Mr. Daube noted they have 12 employees, although they many need an additional 1 or 2 parttime shipping people during peak business days. Commissioner Goldspiel asked if the parking lot would be adequate for the employees and retail operation. Mr. Daube again noted that this is a very low traffic volume business and that even if they were to become busy on the weekends, they would have all the other parking spaces in their parking lot available, and traffic in the area will not be heavy since the other businesses are closed on the weekends. Commissioner Goldspiel asked if goods come in by truck and if this would cause any traffic congestion. Mr. Daube stated he does not foresee any truck traffic congestion. He noted that the trucks delivering to his site are not large semi -trailers. Commissioner Krug asked if the petitioner had considered retail space in Town Center. Mr. Daube stated that due to cost locating in a retail center would not be a feasible plan for them. He noted that they do not have to staff the proposed store since there is always someone around who can take care of customer without having to hire someone specifically to sell. Therefore, they would avoid having to add two sales positions. Commissioner Krug noted concern with allowing a retail space into an area where large trucks abound, especially as Hastings Lane is a dead end street. Mr. Daube stated that the majority of trucks making U-turns have been the result of truckers looking for a specific address and Buffalo Grove Plan Comm-Regular Meeting-July 7, 1993-Page 5 needing to turn around because Hastings is a dead end. He noted that this issue will be resolved once Hastings Lane is extended. Commissioner Krug stated he is concerned with truck and car traffic in the area and would like to hear comments from the Police Department before he approves retail use at this property. Commissioner Rhodes stated that he concurs with Commissioner Krug and feels that a complete retail operation at this location is not a proper use in the Industrial District. Commissioner Rosenston stated he would feel more comfortable with the plan if this was an outlet type of situation versus a complete retail operation. He noted concurrence with Commissioners Krug and Rhodes and stated that he does not believe a normal retail operation belongs in an industrial park. Commissioner Genell asked for job descriptions of the employees. Mr. Daube stated they have a shipping superintendent and an assistant, a bookkeeper and an assistant, a merchandise manager and assistant, a receptionist, secretary and several computer people. Commissioner Genell asked what kind of companies the petitioner deals with. Mr. Daube stated that represents such lines as Perry Ellis and Palm Beach which are quality lines. He noted that all items come in and are distributed out as quickly as possible. Commissioner Samuels asked how many parking spaces are available for the office operation of the business. Mr. Pfeil stated that unless the office component is considered a predominant use in an industrial building, the parking ratio that the Building and Zoning Department uses is the warehouse/ manufacturing standard of two spaces per three employees. Commissioner Samuels asked how many retail customers are expected on a daily basis. Mr. Daube stated that the maximum number of customers on weekdays would be 5 to 6 and 8 to 9 customers would be expected on weekends. Commissioner Samuels stated that he has no real problem with this project. He stated that the petitioner is basically providing a small outlet for sales offering a specialty service to the people in the Village which would not take away anything from a free standing retail store in another location. He further noted that he does not see any heavy traffic being generated by this Buffalo Grove Plan Comm-Regular Meeting-July 7, 1993-Page 6 operation. Chairman Silbernik asked if the petitioner would be extending their normal distribution lines due to the retail operation. Mr. Daube stated that they would not be extending any distribution lines. Chairman Silbernik asked what the net impact would be if this plan is not approved. Mr. Daube stated that if not approved, they would probably close the existing retail store operation in Chicago and sell off the merchandise, retaining only the warehouse operation in Buffalo Grove. Mr. Pines stated that this is a very specialized business that will not be generating any kind of huge traffic volume due to the small percentage of the population requiring this merchandise. He further noted that the nature of this industrial park is very office oriented with very few manufacturing businesses. He stated that there is very light truck traffic and that there are no freight forwarders in this park. Chairman Silbernik asked if the present facility is currently open 7 days a week. Mr. Daube stated that they are not open every Sunday currently. He further stated that he would not abandon the proposed retail plan if they were requested to remain closed on Sunday or if 500 to 600 square feet less space was allowed. However, he stated that it was his opinion that this space is definitely needed. He further stated that 90 percent of traffic on the street comes from the two businesses up the street. Chairman Silbernik asked the petitioner to provide the average daily customer counts at the Chicago facility, especially for Saturdays, for the next meeting. Commissioners Rosenston asked what the store hours would be. Mr. Daube stated that the hours would be 9: 00 a.m. to 6: 00 p.m. , Saturday hours would be 10: 00 a.m. to 5: 00 p.m. and Sunday hours would be 11: 00 a.m. to 4:00 p.m. Commissioner Genell asked why the petitioner chose Buffalo Grove as the location of his operation. Mr. Daube stated that the idea for the store is a good idea for their business as they are unable to control the store presently in Chicago. He noted that they will be better able to control store operations if it is located adjacent to the warehouse. Buffalo Grove Plan Comm-Regular Meeting-July 7, 1993-Page 7 Commissioner Krug asked if there would be any special event sales held. Mr. Daube stated that they have had such sales but would not plan to do so if opposed by the Village. Commissioner Krug asked if any flyers and such are every passed out. Mr. Daube stated they do not pass out flyers, although they would like to. However, they will be bound by whatever the Village requires. Commissioner Rhodes asked what kind of sales taxes would be generated. Mr. Daube stated that they average about $700, 000 worth of gross sales annually at the Chicago store. He noted that they would like to do one-half as much at the proposed location. Commissioner Krug asked if the interior of the retail store would be nice looking. Mr. Daube stated that the interior of the store would be constructed of slat wall and will look decent but not gorgeous. Chairman Silbernik stated that the following items need to be addressed at the public hearing: 1. Store counts from the Chicago facility noting the difference between weekday and Saturday traffic 2 . Police comments regarding car and truck traffic in the area 3 . Exterior signage EMRO (SPEEDWAY) - FINAL PLAT Moved by Commissioner Samuels, seconded by Commissioner Genell to recommend approval of the Emro Subdivision (Speedway) Final Plat. Commissioner Goldspiel asked if the memo about adding interior angles should be added and made subject to the motion. Mr. Pfeil stated that this should be made a condition of approval in the motion. The motion was so amended and accepted by Commissioners Samuels and Genell. Buffalo Grove Plan Comm-Regular Meeting-July 7, 1993-Page 8 Commissioner Goldspiel asked why St. James Circle is included on the plat. Mr. Pfeil stated it is a currently platted right-of-way that sits on the Riverwalk North development which has not yet done its final plat. This portion of St. James Circle will be re-named when the final plat for the Riverwalk North development is complete. Commissioner Goldspiel asked if it is staff's recommendation to leave St. James Circle alone until the Riverwalk North plat is completed. Mr. Pfeil stated affirmative as it would not materially affect the plat for Emro (Speedway) . Commissioner Goldspiel asked if the plat had been reviewed for compliance with the ordinance and closure and if staff recommends approval of the plat. Mr. Pfeil replied affirmatively. Chairman Silbernik called for a vote on the motion and the vote was as follows: AYES: Goldspiel, Krug, Rhodes, Rosenston, Genell, Samuels, Silbernik NAYES: None ABSTAIN: None ABSENT: Howard, Berman The motion passed 7 to 0. CHEVY CHASE BUSINESS PARK - WEST, RESUBDIVISION NO. 5 (COMPUTER DISCOUNT WAREHOUSE) - FINAL PLAT Moved by Commissioner Rhodes, seconded by Commissioner Samuels to recommend approval of the Chevy Chase Business Park - West Resubdivision No. 5 Final Plat. Commissioner Goldspiel asked if the motion includes the required addition of a watermain easement. Mr. Pfeil stated that the motion includes the required addition. Commissioner Goldspiel asked if the plat had been reviewed for compliance with the ordinance and closure. Mr. Pfeil stated that the plat complies with the approved site plan, and the Village Engineer indicates that the plat closes properly. Buffalo Grove Plan Comm-Regular Meeting-July 7, 1993-Page 9 1 Chairman Silbernik called for a vote on the motion and the vote was follows: AYES: Goldspiel, Krug, Rhodes, Rosenston, Genell, Samuels, Silbernik NAYES: None ABSTAIN: None ABSENT: Howard, Berman The motion passed 7 to 0. MALNATI 'S PIZZERIA, 85 S. BUFFALO GROVE ROAD - REZONING FROM R-E TO B-1 AND PRELIMINARY PLAN FOR A PARKING AREA; CONSIDERATION OF VARIATIONS TO THE VILLAGE FLOODPLAIN ORDINANCE FOR THE PROPOSED PARKING AREA AND FOR AN ADDITION TO THE EXISTING RESTAURANT BUILDING -- WORKSHOP #1 Mr. Marc Malnati stated that the plan is composed of two projects. He stated that he had purchased a residential property to the south of the present restaurant and is requesting a change in zoning from residential to B-1 in order to construct additional parking spaces for the existing restaurant. He noted this parcel is located on the floodplain as is the existing parking lot, however, they have never experienced any flooding problems, although there has been at least one 100 year flood in the past four years. Mr. Malnati stated that the second project involves enclosing the existing seasonal pavilion at the restaurant to provide year round facilities for banquets. He noted that this is something very much needed in the community. However, the pavilion is located within 25 feet of the creek and will require a variation. Mr. Wiss stated that the parking configuration has had some changes made at the request of Frank Hruby in order to maximize parking while staying within the ordinance requirements. He noted that 5 parking spaces would be lost in the existing lot in order to accomplish the modifications and the net gain would be 39 parking spaces. Mr. Wiss stated that the existing house on the property will be connected to the Villages's water and sewer systems. The current septic system serving the house will be abandoned. He indicated that Mr. Kuenkler, the Village Engineer, and the Metropolitan Water Reclamation District have reviewed the plans for the new sanitary service. Mr. Wiss stated that there are 7 very tall pines trees which will be relocated along the western edge of the parking lot to create a nice screen. There is another existing row of pines that will remain undisturbed. Three more tall pines will be saved and a 10 Buffalo Grove Plan Comm-Regular Meeting-July 7, 1993-Page 10 inch oak near the retention area will be saved at the request of Mr. Rigsby, the Village Forester. The net result is that only some brush and smaller pines in one corner will be lost. Mr. Wiss further stated that stormwater detention facility fully complies with the floodplain and detention storage requirements and does not encroach on the floodway. He noted that the lowest point in the lot would be 1 foot below the Base Flood Elevation in order to minimize any filling of the floodplain. Compliance with the Floodplain Ordinance would result in a reduction of the size li of the parking lot, since an area would need to be allocated for compensatory storage which would make development of the additional parking lot unworthy. He stated that the catch basins in the proposed lot will be 9 inches higher than the existing parking lot. He stated that although they are requesting a variance, the new lot will actually be higher than the existing lot. Commissioner Goldspiel asked about the present and intended use of the 1 acre parcel. Mr. Malnati stated that there is a residential structure on the lot presently that is being occupied by one of the employees. He noted that potentially their corporate offices may be moved to the structure. Commissioner Goldspiel asked if the structure would be remodeled if the corporate offices were brought to Buffalo Grove. Mr. Malnati stated the structure would then be completely gutted and remodeled. Commissioner Goldspiel noted the residential structure appears to have its own parking lot and asked what Malnati 's intended to do with that lot. Mr. Malnati stated that they will be paving this small lot at the same time that the proposed parking addition is constructed. Commissioner Goldspiel noted concern with a separate small parking lot and unnecessary curb cuts. He stated that he would prefer to have this lot incorporated into the proposed parking lot addition. He further noted that sidewalks should be extended along Buffalo Grove Road and Lake Cook Road. Commissioner Krug noted that the parcel could be rezoned to B-1 and the residential structure would then become a non-conforming existing use. Commissioner Goldspiel asked how the parking lot meets ordinance requirements assuming a permanent year round pavilion is constructed. Buffalo Grove Plan Comm-Regular Meeting-July 7, 1993-Page 11 Mr. Pfeil stated that there are currently 100 parking spaces for the 6, 000 square foot building which is substantially above the minimum 60 spaces required by the Zoning Ordinance. Commissioner Goldspiel stated that he would like to have some information on the water levels and flooding along Buffalo Creek since construction of the stormwater reservoir at Arlington Heights Road and Lake Cook Road. He asked if there are any applicable sanitary district requirements for the property. Mr. Wiss stated that there are no requirements for parcels under 5 acres. However, they are governed by IDOT's division of water resources requirements for floodplain and floodway areas which allows for the 1 foot below floodplain configuration of the parking lot. However, the Village of Buffalo Grove does not allow for this and therefore they are requesting the variance. Commissioner Goldspiel stated that perhaps sidewalks should be provided on Lake Cook Road if the property is now in Buffalo Grove. He further noted his concern with the parking lot configuration and zoning for the single family residence. Commissioner Krug asked if the employees will continue to park offsite on Village streets. Mr. Malnati stated he is not aware of this problem and will address same with his employees. Commissioner Krug urged that Mr. Malnati be prepared to address Section 18.22.020 relative to requests for variances. Commissioner Rhodes suggested that the parking lot at the residential structure could perhaps be used for employee only parking without a curb cut. He noted concern with the single family residence. Mr. Malnati stated that he would like to have B-1 zoning for the entire lot even if the corporate offices are not brought into the residence structure. He stated that he would then be able to rent out the structure for some other office use. Commissioner Rhodes asked if the outdoor pavilion would remain the same size and if the same materials would be used for its enclosure as the rest of the restaurant. Mr. Malnati stated that it would remain the same size and similar building material. Commissioner Rosenston asked if there would be adequate yard setbacks for the house per ordinance requirements if it became an office use. Mr. Pfeil stated that the B-1 District requires a landscaped front Buffalo Grove Plan Comm-Regular Meeting-July 7, 1993-Page 12 yard of 25 feet; side and rear yards are not required if the property abuts commercial zoning. Commissioner Rosenston asked if the existing garage and shed would remain on the property. Mr. Malnati stated the garage would be torn down and the shed may it stay. Commissioner Rosenston noted his concern regarding the separate parking lots and curb cut. He stated that if the residence is used strictly for employee or office parking he would have no problem with the separate lot. However, he would rather see the lots tied together. Mr. Malnati stated he would prefer to keep the parking lots separate with no customer parking and the curb cut retained for the structure so that customer congestion does not occur at the exit to Buffalo Grove Road. Commissioner Genell stated that she has a problem with the one foot below floodplain elevation of the parking lot, and would like to hear from both engineers regarding this issue at the public hearing. She noted that she would like to see backup standards and requirements from IDOT and MWRD regarding this situation. She further noted that she would like to see a comparison between the Cook County ordinance and the Lake County stormwater management ordinance. Chairman Silbernik stated that the Lake County ordinance has no bearing on this matter and he does not feel that the petitioner should be asked to provide this information at his time and expense. Commissioner Genell stated she would like to hear from both engineers and would like the Village Engineer to provide the information she is requesting. Mr. Malnati assured the Commission that the existing parking lot which will run parallel to the proposed parking lot is actually lower than the proposed lot and has never flooded. The proposed parking lot will be 9 inches higher than the existing parking lot. Commissioner Genell stated she would like this information clearly brought out at the public hearing so that the public fully understands the matter. Commissioner Samuels asked if a Special Use or P.U.D. designation could be applied to the property in order to restrict the use of the existing residence. He noted that B-1 zoning may be too broad for this property. A Special Use could restrict the residence to an office function or some other function that does not create a Buffalo Grove Plan Comm-Regular Meeting-July 7, 1993-Page 13 great deal of traffic which is possible with a B-1 classification. He further stated that he would have no problem with the two separate parking lots if the residence were indeed to be used for the petitioner's own use, although he would like to see a footpath connection for both parking lots so that employees would have a place to cross. He also noted that he would further like to see a right-in right-out access if the curb cut is maintained. Chairman Silbernik stated he would like to get Mr. Carmignani's opinion on a right-in right-out access for the existing curb cut. Chairman Silbernik stated that he likes the separation between the two lots as customers will see it as a separate building and not park there. If the two lots are tied together there could be a potential problem. He noted that use of the lot for employee parking would be ideal. He further noted that Malnati's has been a distinct benefit for Buffalo Grove and hopes that the corporate offices will be moved to Buffalo Grove. Commissioner Goldspiel asked if there is a setback requirement for the parking area adjacent to Buffalo Grove Road. Mr. Pfeil stated that a 25-foot landscaped yard is required. However, if the principal building is moved back beyond the 25 feet, the landscaping can be reduced to a minimum of 12 feet. He noted that some of the parking along Buffalo Grove Road is within the 25-foot area required to be landscaped, and the building setback appears to be 25 feet or less. Commissioner Goldspiel asked that staff advise the petitioner as to the proper setback requirement along Buffalo Grove Road. Commissioner Rhodes asked that the petitioner address the sidewalk issue along Lake Cook Road. Mr. Malnati stated he would have to consult with Mr. Kuenkler as to which parts along Lake Cook Road are owned by him. Chairman Silbernik noted that the following items will need to be addressed at the public hearing: 1. Sidewalks 2 . Parking issue relative to the two separate lots 3 . Creek level information since construction of reservoir 4. Discontinuance of offsite parking by employees 5. Address of issues under Section 18.22 . 020 of the Floodplain Ordinance concerning variations Buffalo Grove Plan Comm-Regular Meeting-July 7, 1993-Page 14 1 6. Curb cut issue at residence 7. IDOT and Village stormwater management requirements 8. B-1, P.U.D. or other zoning for the parcel 9. Footpaths between the parking lots and the house 10. Comments by Village traffic consultant 11. Landscape setback requirements on smaller parcel Mr. Malnati asked if the Commission would allow him to at least begin to move trees and start excavation in the rear so that stones can be placed and the proposed lot can be readied as quickly as possible in order take advantage of their peak business season. Chairman Silbernik stated that the Plan Commission cannot give that authorization as it is only a recommending body of the Village and must go through the process as stated by ordinance. He noted that a public hearing can be held just as quickly as the necessary information is gathered and the Petitioner can then go forward with his request to the Village Board. TOWN CENTER RETAIL AREA - REVISION OF THE PRELIMINARY PLAN AMENDMENT OF THE P.U.D. AND AMENDMENT OF THE B-5 DISTRICT OF THE BUFFALO GROVE ZONING ORDINANCE TO ALLOW A FOOD STORE AS A PERMITTED USE -- WORKSHOP #1 Mr. Kevin Rielley of Rudnick & Wolfe stated that the design of this center represents the excellence of Melvin Simon & Associates nationwide. However, this center has not been as successful as had been hoped. He noted that the Town Center was never meant to be a typical retail or wholesale center. He noted that Melvin Simon & Associates believes the missing component for the center is an anchor. Without an anchor the center has not been able to achieve the critical mass that is crucial in supporting a center of this type. He stated that Melvin Simon & Associates feels that adding retail anchors to the center provides an opportunity to infuse a new vitality to the center which will ultimately work to the advantage of the ownership of the center as well as to the Village as the taxing body. Accordingly, Melvin Simon is working toward an opportunity to redevelop at both the northerly and southerly extremes of the center. Mr. Rielley stated that they are seeking certain changes that will provide Melvin Simon & Associates with the ability to go into the marketplace and negotiate and line up those anchor tenants that have clearly become crucial to the success of the center. In order to do so it is necessary to have approval of an amended P.U.D. plan which will reflect the opportunity to develop anchors Buffalo Grove Plan Comm-Regular Meeting-July 7, 1993-Page 15 at either end of the center. Secondly, one potential type of anchor is missing from the list of permitted uses and they are asking for a text amendment to add a grocery use to the list of potential uses. Mr. Rielley stated that the key to all of this is flexibility. There is no specific anchor tenant being proposed presently but the need to be able to provide that kind of stability to the center is necessary. In order to do so, he noted that they are asking for approvals of permissible building area which will accommodate those anchor tenants subject to conformance with the overall development parameters which have been established for the center. Mr. Glenn Johnson of Simon Development Company distributed the development plan depicting the existing plan with proposed changes superimposed over the existing plan. The Commissioners stated the very plan isdifficult to read and should have been presented in a more reasonable and timely manner. Mr. Johnson stated that are seeking some flexibility in addition to a change in plan. This would allow them to approach a wider range of tenants with the ability to reconfigure a site to match their needs. An anchor store is needed to increase the viability of the center which lacks vitality. Chairman Silbernik asked why this center lacks such vitality and how is this change going to put vitality in. Mr. Gregory Hummel stated that the center is an unanchored relatively small development, and conditions in the retail industry have exacerbated what was wrong with the center to begin with. Today, large box users are crowding out smaller retail companies. There is a trend now to have large retail users, and Town Center has to respond to this trend to draw consumers to the center. Large retailers have captured the market and are controlling the retail market nationwide. These larger retailers want to be close to regional centers like Woodfield and Hawthorn. Town Center is located between these regional centers. Mr. Hummel stated that they are facing imminent default on bonds that financed improvements for Town Center, and this default will hurt the Village. He noted that the Village Board has referred the P.U.D. amendment and site plan revision to the Plan Commission for review and recommendation. Trustee Marienthal stated that default on the bonds will not hurt the Village. He stated that the Village has been advised by bond counselors and legal council that there would be no impact on the Village of Buffalo Grove from a Village standpoint. Buffalo Grove Plan Comm-Regular Meeting-July 7, 1993-Page 16 Mr. Hummel stated that their discussions with rating agencies has been to the contrary. Mr. Hummel further stated that the retail uses that are in the marketplace today have changed. He stated that they are here asking to be granted some flexibility to be able to re-position Town Center in the marketplace, agreeing at the outset to meet the development parameters in the redevelopment project and plan as approved for the original TIF, and present some required changes in specific locations which will be in the form of larger retail space in one location and related parking changes. Commissioner Goldspiel asked if the intention is to replace the current tenants with the contemplated uses. Mr. Hummel stated that the intention is to modify the physical layout of the center to create permissible building areas for anchor tenants at the south end and north end and move existing tenants and new tenants to spaces as needed. He further stated that the only use change is to expand the permitted use listing to allow the grocery store. Commissioner Goldspiel asked what is contemplated on the proposed plan for the north end labeled future development. Mr. Johnson stated that the area between the theater building and Route 83 and the theater building and the existing Building C is seen as an opportunity to develop something that would play off of a theater use. Commissioner Rosenston asked for a clarification of exactly what is being asked for in terms of changes to the approved plan. Mr. Hummel stated that they are asking for conceptual approval of the anchor building locations. Commissioner Goldspiel stated he does not understand what is being proposed. He noted that the site planning is very general, and the representations concerning potential tenants seem very uncertain. Commissioner Rosenston noted that if the petitioners are asking if something can be built on the site in the future if it meets with Plan Commission approval, then that would be fine. However, if the petitioners are asking for approval of a building plan to fit between the lines, it would be a different issue. Mr. Hummel stated that they must make certain decisions that relate to the financing they plan to undertake and need some reasonable assurance that what they are proposing will be met favorably by the Commission and the Village Board. He noted that they need to define a permissible building area in order to achieve that goal. Buffalo Grove Plan Comm-Regular Meeting-July 7, 1993-Page 17 Trustee Marienthal stated that the B-5 Ordinance was originally put in place to exclude a food store because it was felt that this particular site did not need that. Secondly, there are now some viable companies operating in the Town Center that will have to be moved in order to facilitate the proposed changes. He stated that this is of great concern to him. He noted that the Jewel food store is located in the Grove shopping center directly across from Town Center. Mr. Hummel stated that they are asking specifically for another use and also for some help in terms of dealing with permissible building areas for the center. The grocery store issue was dealt with somewhat at the Village Board level. The vote to refer the site plan and grocery store zoning amendment to the Plan Commission was 4 yes to 3 no. He noted that there is no easy answer as to how Town Center can be most effectively improved. The center needs help and this may require moving the existing restaurant at the south end in order to bring a grocery store or possibly the theaters to the south end of the center in order to draw people to the center. Mr. Hummel stated that the contemplated grocery is very upscale and would draw from a market area beyond Buffalo Grove and would import net sales tax dollars into this community. He further noted that some of the attributes of this grocery store are consistent with some of the original concepts for Town Center. Commissioner Goldspiel stated that it makes sense to put a major anchor at the south end of the center. He noted that the original plan had called for a food store at this site and it was determined that a food store would be better off across the street at the Grove shopping center. He noted further that he feels this would be a very desirable use at this location. However, he noted his concern with the changing nature of this development from a center having a larger market area to having a more local trade area, which could undermine the Village's existing commercial establishments. He noted that he would like further information to address this particular issue. Commissioner Krug concurred with Commissioner Goldspiel regarding this particular type of food store. He also noted that he would like a better idea of the type of grocery store that is intended and agrees that a large anchor should be located at the south end of the center. Commissioner Rhodes stated that he is not in favor of a food store nor an anchor at the south end of the center. He noted that at the original discussions and plans for the center, Melvin Simon & Associates had stated that the best plan is to have an anchor in the center of the development. This concept is now being reversed. Buffalo Grove Plan Comm-Regular Meeting-July 7, 1993-Page 18 Commissioner Rosenston noted that he is willing to do whatever is most reasonable and proper to make the center viable, however, he is concerned with the possibility of the grocery leaving after a number of years and the space becoming down-graded with marginal tenants. He noted he would need to know somewhat more of the background and viability of a food store vendor or any other vendor for that matter as an anchor store before he would approve a new permitted use. Commissioner Genell noted agreement with Commissioner Rosenston. She also stated her agreement with the need for an anchor at the end of the center. However, she is reluctant to approve anything without knowing what kind of tenant is coming. Commissioner Samuels noted that if the national trend is toward larger sized stores and if the proposed food store is not one following that trend, then a decision needs to be made as to which trend Melvin Simon wishes to follow and a plan should be presented with a specific goals for a specific tenant. He noted that he does not wish to give Melvin Simon carte blanche to do anything they wish. Chairman Silbernik stated that he has no problem with a high end grocery store. However, he noted that he does have a problem with not knowing who it is and the financial viability of that organization and what their long term lookout is for that part of the industry. He stated that he does not want to see an old empty store left after a high end grocery store moves out. Additionally, he stated that he is not convinced that a grocery store belongs within the boundaries of the defined central business district as Town Center has been designated. Trustee Marienthal stated that there have been three other viable food store chains that have entered the community and then left, stating that it was in their best interests to move. He further noted that a food store will not give this particular center the tax dollars that the retail tenants would generate. Commissioner Krug asked if Melvin Simon had as yet taken another marketing survey since the one they commissioned originally. Mr. Hummel stated that it is an ongoing process and the science is not exact. He further stated that it would appear that the Commission is really looking for a Special Use to be able to look at a specific petition and condition approval based on that. However, it presents them with some real challenges. He also noted that the proposed tenant really does fit the upscale store description as outlined by some of the commissioners. He noted the proposed tenant would have a regional draw and is well capitalized and if the issue of a central business district can be overcome, then this may be the way to go. He also noted that many Buffalo Grove Plan Comm-Regular Meeting-July 7, 1993-Page 19 other developers would have thrown in the towel with this kind of a development whereas Melvin Simon is trying very hard and willing to invest more funds to make this center work. Commissioner Krug noted that the petitioner is asking for 71, 000 square feet and store such as Sunset Foods are not that large. Mr. Hummel stated that they do have other uses in mind besides strictly food sales. Commissioner Goldspiel asked if such a use would be a draw for other shops in the center and if the proposed size request would actually be sufficient for a food store. Commissioner Genell commented that she does not necessarily think bigger is better. Commissioner Rhodes asked if this kind of an anchor would actually help other stores in the center as it is important for an anchor to complement the other stores in the center. Mr. Johnson stated that at the north end of the center there has been an interest expressed by a theater company and there are other uses at that end that are tangent to the theater facility. He noted that the plan calls for substantial changes at the south end of the center whereas the north end would have very little changes with parking to remain as it is. Commissioner Samuels noted that theaters would be something that would make this center work. Mr. Hummel stated that there was no bond reissue problem until very recently and noted that the theater issue is no longer a pawn in the drama. Chairman Silbernik stated that no matter what goes up on the north end of the center, long term viability must be shown before approval can be given. Therefore the unknown element of the tenants leads to questions of long term planning issues. Mr. Hummel stated that it is precisely this specific tenant ratification that has led to this micro management position between the public and private team. Commissioner Goldspiel stated that the issue of micro management is a false issue. He stated that the Plan Commission has been very responsive to changes but it cannot give up its planning criteria which would easily cause a general downfall if for example a food store were to be underparked or had other major problems such as shopping cart control. Mr. Hummel stated that they are hoping to get users consistent with the new trend but this grocery goes along with the trend. Buffalo Grove Plan Comm-Regular Meeting-July 7, 1993-Page 20 Mr. Hummel stated that the principal here is a request for permissible building areas for uses permitted under the Zoning Ordinance within the parameters of the ordinance. This would allow them to do what is necessary to react to the market place. This approach would address Commissioner Samuels' fears of giving carte blanche to do anything we wish. Chairman Silbernik stated that a concept is also needed here as to whether this center is going to be a regional or local center and then plan the shopping center by specific use. Mr. Hummel stated that they want major users at either end of the center wherever they want to be and the parking requirements will have to conform to the ordinances and development parameters. Some of the larger users may be a value conscious retailers which does some damage to the original concept of the Town Center as an upscale unanchored center. However, that is a consequence of what is going on in retailing today. He stated that they will try to do a theater which will bring in additional restaurants and they will try to work with the existing tenants to reposition them in the best possible location. Mr. Hummel stated that he would recommend to his client that the food store be presented as a Special Use. CHAIRMAN'S REPORT - None FUTURE AGENDA SCHEDULE Mr. Pfeil noted there is a public hearing concerning the Saturn Auto dealership on the Chatham B-3 parcel scheduled for July 21, 1993 at the Buffalo Grove High School theater. PUBLIC COMMENTS AND OUESTIONS - None STAFF REPORT - None NEW BUSINESS - None ADJOURNMENT Moved by Commissioner Rosenston, seconded by Commissioner Krug and carried unanimously to adjourn. Chairman Silbernik adjourned the meeting at 11:20 p.m. Respectfully submitted, Fay Rubin, Recording Secretary APPROVED BY: Buffalo Grove Plan Comm-Regular Meeting-July 7, 1993-Page 21 MARTIN SILBERNIK, Chairman II Buffalo Grove Plan Comm-Regular Meeting-July 7, 1993-Page 22