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1993-09-01 - Plan Commission - Minutes PUBLIC HEARING BUFFALO GROVE PLAN COMMISSION September 1, 1993 Rohrman Saturn Automobile Dealership (Continued from July 21, 1993) Chairman Silbernik called the meeting to order at 7: 30 p.m. in the Buffalo Grove High School Theater, 1100 W. Dundee Road, Buffalo Grove, Illinois 60089. Commissioners present: Chairman Silbernik Mr. Goldspiel Mr. Krug Mr. Rhodes Ms. Howard Mr. Rosenston Mr. Samuels Ms. Genell Mr. Berman Commissioners absent: None Also present: Mr. Marc Schwartz, Batler and Schwartz Mr. Daniel Wolf, Batler and Schwartz Mr. Ron Coppolino, Coppolino Associates Mr. Robert Rohrman, Bob Rohrman Automobile Dealerships Mr. Richard Williams, Rolf C. Campbell & Associates, Inc. Mr. John Marienthal, Village Trustee Mr. William Raysa, Village Attorney Mr. Robert Pfeil, Village Planner The following additional exhibits were presented by the petitioner at the public hearing: Exhibit #14: Distribution of Sales Tax Revenue, Cook County Buffalo Grove Exhibit #15: Letter dated August 6, 1993 to Betty Zawergyniki of Saturn of Libertyville from Sam McGaw, Acting Director of Revenue, Illinois Department of Revenue Exhibit #16: Letter dated August 23 , 1993 to Kathleen Roubas of Arlington Nissan from Raymond T. Wagner, Jr. , Illinois Department of Revenue Exhibit #17 : Photometric Drawing dated May 19, 1993 , revised August 30, 1993 Buffalo Grove Plan Comm-Public Hearing-September 1, 1993-Page 1 Exhibit #18: Retailers' Occupation Tax Act, Section 120/2-10 Exhibit #19: Retailers' Occupation Tax Act, Section 120/3 Exhibit #20: Libertyville Saturn Traffic County Plan Commission Exhibit #1: Memo of July 28, 1993 from Chief McCann and memo of July 27, 1993 from Office Roy H. `.i Bethge Mr. Daniel Wolf of Batler and Schwartz addressed the tax related matters previously discussed at the hearing on July 21, 1992 . He stated that there was previously an error based on computation of tax on gross receipts. He noted that this error was due to the definition of gross receipts. He stated that in the sales tax provisions of the statutes of the State of Illinois gross receipts is defined as the sale price of the automobile less the trade in value. Within the dealership gross sale means what you sell a car for and the net price is what you sell the car for after the trade in consideration. The sales tax is recorded on each individual transaction and is not reported cumulatively at the end of the month. Therefore there is no way to compute the cumulative amount of gross sales. Mr. Wolf stated that the base state tax rate is 6.25 percent and within Cook County there is an additional RTA tax of .75 percent as well as Home Rule taxes of .75 percent in Cook County and . 50 to the Village of Buffalo Grove. Mr. Wolf stated that distribution of tax dollars on the sale of an automobile is as follows: State of Illinois 71. 4% RTA 14. 3% Village of Buffalo Grove receives back 14. 3% On Parts and service the distribution is as follows: State of Illinois 60. 6% Cook County 9 . 1% RTA 12 . 1% Village of Buffalo Grove 18.2% Mr. Wolf stated that the taxes are collected by the dealer and paid to the Department of Revenue and they are in turn then distributed to the local governing bodies. Mr. Wolf stated that the amount of tax benefit to the Village of Libertyville from the Saturn dealership amounted to $212, 634.24 for 1992 . The tax benefit to the Village of Libertyville for the months of January through June of 1993 yielded $112, 150. 11. Mr. Wolf stated that the projections for sales of Saturns in Buffalo Buffalo Grove Plan Comm-Public Hearing-September 1, 1993-Page 2 Grove is that it would be twice as much as the Libertyville store. Mr. Wolf stated that the Nissan dealership in Buffalo Grove was taken over by Mr. Rohrman almost at the point of bankruptcy and the figures indicate that the last four months of 1992 saw a sales tax benefit to the Village of Buffalo Grove of $34, 176.75 and the first six months of 1993 showed a tax benefit to Buffalo Grove of $66, 206. 61. Mr. Coppolino submitted a one week traffic study covering the period of August 25 through August 31, 1993 at the Saturn dealership in Libertyville. He noted that Saturn had issued a recall and therefore traffic counts are higher than normal. The traffic counts were therefore broken down to reflect new car buyers, used car buyers, Saturn recall customers and parts and service customers. In response to the Police Department report regarding the proposed berm, Mr. Coppolino stated that his discussion with the Chief of Police elicited his concerns for pedestrian safety and criminal activities to which the following recommendations were made: 1. The berm should be smaller allowing for visibility into the parking lot. 2 . The parking lot should be illuminated with metal halite lights which should produce a minimum of 8 footcandles covering the entire auto dealership including the parking lots. These lights should be controlled by a photo-electric cell which turns the lights on at dusk and turns them off at dawn and it should be insured that the lights are on at all times during the night. 3 . Street lights on the side of the berm closest to the street and the sidewalk should produce a minimum of 5 footcandles covering the entire sidewalk area and ensures that there are no dark spots. 4. All entrances should have gates which remain closed and locked when the business is closed. Mr. Coppolino stated that the developer is not sure how to respond to the Police report as they had followed the suggestions of the Plan Commission through various workshops to increase the berming and landscaping along Weidner Road. Mr. Schwartz introduced the lighting and photometric study which includes the area up to the Chatham Townhomes. Mr. Coppolino stated that the revised photometric study showed . 00 to . 37 footcandles at the north property line. At the east line on Weidner Road west of the curb lighting goes from .00 to 3 . 17 Buffalo Grove Plan Comm-Public Hearing-September 1, 1993-Page 3 footcandles. On Dundee Road going from left to right lighting goes from . 10 to 3 .83 footcandles and at the west property line lighting goes from . 01 to .54 footcandles. He noted that it made no sense to take measurements up to the house as the dealership would actually be slightly below ground level. Mr. Coppolino stated that the amount of light going beyond the planned shrubbery would be zero. Mr. Schwartz asked Mr. Coppolino to address the turning radius on site for trucks. Mr. Coppolino stated that there will be two parking spaces lost. One space would be on the northeast side and the other is on the southeast side where it has been determined that the turning radius would be too tight for trucks. Therefore the amount of parking will be reduced from 320 to 318 spaces. He further noted that the parking dimensions would be properly constructed to be 18 feet 6 inches long and the aisles would be 26 feet. Mr. Schwartz stated that Mr. Campbell's report showed that there is 1. 3 million square feet of commercial use from Buffalo Grove Road to Route 53 on the north side of Lake Cook Road. He further noted that Mr. Campbell's report states that of the 885, 000 square feet of commercial use along Dundee Road from Arlington Heights Road to Route 53, 195, 000 square feet is in the Village of Buffalo Grove and 690, 000 square feet is in the Village of Arlington Heights. Mr. Schwartz asked Mr. Rohrman to address the colloquialism he had used at a previous meeting which stated the Buffalo Grove Saturn dealership would be the "mother store" of all of his Saturn franchises in northern Illinois. Mr. Rohrman stated that Saturn gives dealers certain areas. He noted that his area is Waukegan, Libertyville, Highland Park and Buffalo Grove. He stated that according to Saturn studies approximately 450 cars will be sold in Waukegan, 350 cars will be sold in Libertyville, 350 cars in Highland Park and 850 cars can be sold in Buffalo Grove. He noted that he sold 1, 600 cars in Libertyville last year but stated that this number will go down as more dealerships come into operation. Mr. Rohrman further stated that in the interests of economics there would be one central computer used for the whole area and that this computer would be in Buffalo Grove as this is the area expected to sell the most and therefore all information would be fed into the computer in the Buffalo Grove area. Mr. Rohrman reiterated that his statement is therefore based on sales volume and not the size of the dealership building. Buffalo Grove Plan Comm-Public Hearing-September 1, 1993-Page 4 Mr. Schwartz asked Mr. Rohrman if there would be any storage of Saturn automobiles at the proposed dealership from other dealerships within Illinois. Mr. Rohrman stated that would not be the case and in fact it would probably be the other way around. Mr. Schwartz asked Mr. Rohrman to respond to a previous question as to when the outdoor lights would be turned off at the proposed dealership. Mr. Rohrman stated that the main exterior lights would be on a timer and set to shut off at 9:00 p.m. Monday through Friday and at 6: 00 p.m. on Saturday. He further stated that night lights would remain on until daybreak. He noted that if a customer was still in the dealership consummating a deal, the doors would not be shut. However, the exterior main lights would still turn off but the office light would remain on until the deal was finished. Mr. Schwartz noted that there was some concern regarding off site delivery as a car carrier had been parked at the Buffalo Grove Park District at 2: 15 p.m. adjacent to the Nissan dealership. Mr. Rohrman stated that there is an agreement with the Park District allowing his Nissan dealership to use the lot when it is not needed for park activities and in turn the Park District is allowed to use the lot at the Nissan dealership as needed. Mr. Schwartz asked if the Park District property would be used to unload cars for the Saturn dealership. Mr. Rohrman stated that would not be the case as it would be far too dangerous for a truck to maneuver across Dundee Road. He stated that the vehicles delivered to the Saturn dealership would be unloaded on the Saturn site. Mr. Schwartz asked that Mr. Rohrman address the concern of test driving through the local neighborhood. Mr. Rohrman stated that he feels it is mandatory to have a test drive route and that he would have the sales person in the driver' s seat to start with on a set route. The sales person would then exchange seats with the customer at prearranged spot and continue on to bring the car back to the dealership. The most probable route for test drives would be west on Dundee to Route 53 and then north on 53 to Lake Cook Road and then back to the dealership. He further stated that all interior local street drives would be prohibited by signs on the back entrance. Mr. Schwartz asked Mr. Rohrman to list his experience in the auto industry. Buffalo Grove Plan Comm-Public Hearing-September 1, 1993-Page 5 Mr. Rohrman stated that he began selling used cars in 1955 in Lafayette, Indiana and the moved up to new car sales. He then became sales manager, general manager and quit in 1963 to start his own used car lot. In 1969 he acquired the Toyota franchise and then the Rambler franchise and the Lincoln Mercury and Subaru franchises all located in Lafayette. In 1984 he opened a Honda franchise in Schaumburg. He noted that he has seven full facilities in Lafayette which include parts and service and seven full facilities in greater Chicago. In all he operates 23 franchises. In addition, Mr. Rohrman listed many national organization affiliations. Chairman Silbernik asked how the traffic counts at the Libertyville dealership were developed and what periods they cover. Mr. Coppolino stated that the sheet was physically prepared for each day and for each department for a maximum of five sheets each day. On each sheet was listed the date, time entered, where the car was going, customer identification and order number. Chairman Silbernik asked if this traffic count included employees entering or test drives. Mr. Coppolino stated this did not include employees or test drives. Commissioner Goldspiel asked how the proposed dealership in Buffalo Grove compares in building size and parking size with the other four dealerships in the area. Mr. Rohrman stated that the Libertyville dealership building is approximately 20, 000 square feet on 3 .0 acres; the dealership in Waukgean is approximately 25, 000 square feet on 3 . 5 acres; the Buffalo Grove dealership would be approximately 17, 000 square feet on 3 . 5 acres. He further noted that his other dealerships were acquired as existing stores and were then remodeled. Commissioner Goldspiel noted his concern with the fact that if the Buffalo Grove dealership is to sell 2 to 3 times as many cars as Waukegan or Libertyville while the lot area and building size are about the same, overcrowding is a distinct possibility. Mr. Rohrman stated that he expects to sell approximately 1,200 cars at the Libertyville facility and 2, 000 cars out of the Buffalo Grove facility. Last year in Schaumburg approximately 3 , 000 cars were sold on a similar lot size and facility without any problems. Mr. Schwartz stated that the Buffalo Grove Saturn dealership is a prototype building sized for the proposed operation, and as soon Buffalo Grove Plan Comm-Public Hearing-September 1, 1993-Page 6 as the Highland Park facility opens inventory can be moved among the four stores without storage problems at Buffalo Grove. Commissioner Goldspiel asked if the Commission could be assured that there would be no parking on side streets or storage of vehicles on side streets. Mr. Rohrman stated there would be no parking on side streets and if offsite storage is needed they would go to a commercial site. He stated, however, that he doubts that there would be any need for off-site storage of vehicles. Commissioner Krug asked if the Libertyville traffic counts included test drives. Mr. Coppolino stated that they did not. Commissioner Krug asked if the dealer receives any fees from the taxes. Mr. Wolf stated that the Department of Revenue allows 1.75% of the sales tax to be retained by the dealer. Commissioner Rhodes asked if there is a set pattern for test drives for the Nissan dealership. Mr. Rohrman stated it is about the same as the one proposed for the Saturn dealership. Commissioner Rhodes asked if the same type of timers for the lights are being used at the Nissan dealership as are being proposed for the Saturn dealership. Mr. Rohrman stated they are not the same. Commissioner Rosenston noted his concern with the police report concerning the proposed berm and possible criminal activity on the dealership site, and he asked the petitioner to respond concerning the proposed berming and the possible use of gating to prevent after hours access to the site. Mr. Coppolino stated that they will gate at the rear of the property at Weidner Road if the Village wants it. He noted that the Fire Department may have some concerns about emergency access to the site if a gate has to be opened before equipment can get onto the property. He stated that they would like to either eliminate the berm or lower the height of the berm along Weidner Road. At the north edge of the dealership site they would like to make the berm a more undulating type of feature as they do not see the need for such extensive berming when the area is quite a distance from the adjacent properties. Buffalo Grove Plan Comm-Public Hearing-September 1, 1993-Page 7 Mr. Coppolino stated that his recommendation would be to have a smaller undulating berm with some pine and deciduous trees as well as shrubbery instead of the proposed thick living wall. He noted that the whole site would be more aesthetically pleasing with less heavy landscaping. Commissioner Rosenston noted the Police Department request to have all entrances gated. Mr. Coppolino stated that the gating question is usually dependent on the individual police departments and they will conform with the Buffalo Grove Police Department request if so desired. Commissioner Genell asked how the proposed lighting plan compares to the lights at the Libertyville dealership. Mr. Coppolino stated that the Libertyville lights are not as bright as the ones being proposed for Buffalo Grove. He noted that the Libertyville lights are under the requirement for foot candle range. He stated that the lights at the proposed Buffalo Grove dealership will be brighter but will not be as bright as the typical dealership as these new lights use a sharp cut-off design to keep light on the site without spilling onto adjacent areas. Commissioner Genell inquired when Mr. Rohrman purchased the subject property in Buffalo Grove. Mr. Rohrman stated he purchased the property in 1989. Commissioner Samuels asked if any alternative sites either in Buffalo Grove or elsewhere had been explored for the dealership. Mr. Rohrman stated that he has had some discussions with Arlington Heights but there were no other sites considered in Buffalo Grove. Mr. Rohrman stated that Lake Cook Road had been mentioned by the Village Board but noted that his dealership would then be standing alone which is not good for the auto industry. He further noted discussions with the Buffalo Grove Park District for an exchange of property whereby Bison Park on the south side of Dundee would be exchanged for the Chatham B-3 site on the north side of Dundee. However, the Park District declined such a land swap. Commissioner Berman asked what effect a less intensive berm would have on the sight lines. Mr. Coppolino stated that there are only 10 to 12 windows that overlook the proposed site from Weidner Road and the closest house adjacent to the proposed property is 232 feet. The farthest house from the property is 541 feet. He stated that if the berm is lowered and some ground cover and deciduous trees are interspersed and added, these would be the only things seen. This would be a Buffalo Grove Plan Comm-Public Hearing-September 1, 1993-Page 8 1 1 pleasing appearance instead of a threatening wall. He noted that the Police Department report makes a good point concerning possible criminal activity being screened because of the berming and heavy landscaping. Commissioner Berman noted that he will not favor the complete elimination of a berm on the north side of the property for reasons of continuity. Chairman Silbernik noted that the requested evening traffic counts had not been provided and asked what the general percentage of traffic was for daytime, evenings and Saturdays. Mr. Rohrman stated that from 7:00 a.m. to 9: 00 a.m. most cars coming in are for service related problems. Therefore, approximately 50 percent of cars coming in during the early morning hours are for service purposes and all service related autos leave prior to 6:00 p.m. He further stated that employees report to work at 9: 00 a.m. and 50 percent of all cars are sold between the hours of 9:00 a.m. and 5:00 a.m. and another 50 percent are sold between 5:00 p.m. and 9:00 p.m. Mr. Rohrman stated that there is no service work done on Saturdays and car sales occur evenly between 9:00 a.m. and 6:00 p.m. Chairman Silbernik asked how many visits by customers occur bef ;re a purchase. Mr. Rohrman stated that the national average shows that 25 to 30 percent or roughly one third of all cars are sold during the first visit. The rest of car sales depend on a second or third visit to the dealership. He noted that his own dealerships seem to run approximately 40 percent of all cars being sold during the first time visit. Chairman Silbernik asked what percentage of Saturn customers come back to the dealer for service. Mr. Rohrman stated approximately 80 percent of the customers return to the dealer for service and this rate drops off as the car gets older and the warranty is lost. He noted that as long as a car is under warranty, almost 100 percent of the cars are brought to the selling dealer for service. Chairman Silbernik asked what the expected number of car sales is projected for Buffalo Grove. Mr. Rohrman stated that he expects approximately 2, 000 cars to be sold and this figure takes into consideration the fact that as more dealerships open, sales figures drop at all dealerships because the new business is being spread out over a larger number of stores. Buffalo Grove Plan Comm-Public Hearing-September 1, 1993-Page 9 Chairman Silbernik asked if it would be possible to have automatic doors installed in the dealership service facility. Mr. Rohrman stated that could certainly be done. Faye Fullett, 700 Weidner Road, asked what kind of donations have been given to the schools or the Park District and if any security would be provided to ensure child safety when walking to school. Mr. Rohrman stated that they give to schools in all areas where their dealerships are located. He noted that he is unsure of their involvement in Buffalo Grove as the Nissan dealership was just recently opened. He stated that he would do whatever possible to ensure child safety and further noted that it is pretty dangerous to walk across that area right now. He noted that they would be constructing an eight foot sidewalk on the property which will be a lot safer than what is presently available. Mr. Sashko, 109 Beechwood, asked what control there would be on mechanics taking cars on test drives for servicing needs. Mr. Rohrman stated that he would try to eliminate test drives out onto Weidner Road by setting rules and regulations for the technicians and posted signs. He noted that generally the technicians need higher speed roads for service test drives and Weidner Road would not be a good road for such testing. He further noted that low speed problems would utilize a large shopping center lot for testing. Mr. Ray Horkman, 13 Beechwood Court West, asked if Mr. Rohrman has any other dealerships directly next to a school. Mr. Rohrman stated that he does not have any dealerships directly next to a school but there is one about one block from a school. Mr. Don Godgin, 682 Hapsfield, stated that the proposed service area would face Hapsfield Lane providing a terrible view for the residents with noise and echos from the service department. He further noted that there are already many accidents caused by the high school students parking in the area and this project will ensure even more. Mr. David Bernauer, 611 Hapsfield Lane, asked what the foot candles are at the present Nissan dealership because they are truly terrible. Mr. Coppolino stated that the Nissan dealership uses the old lighting system although some improvements are being made if possible. He further noted that as there are three dealerships together, the lighting is increased. Buffalo Grove Plan Comm-Public Hearing-September 1, 1993-Page 10 Mr. Bernauer suggested that some kind of fencing or guard rail be placed across the dealership along Dundee Road to protect children from any cars coming over. He also suggested that a crossing guard would be a good idea for children crossing Dundee Road. Sharon Kelley, 22 E. Fox Hill Drive, stated that she is a realtor in the Buffalo Grove area and that many people are concerned with taxes in Buffalo Grove and this project would be a tremendous source of money to lower property taxes and benefit the school district. Chairman Silbernik stated that most property taxes go to the school districts while sales taxes go directly to the Village and the sales taxes from this car dealership would not benefit the school district. Commissioner Samuels stated that the school district will benefit from the assessed valuation of the property with an improvement on it as opposed to an unimproved parcel of property. George Wurtzinger, 621 Hapsfield, asked if there was any evidence as to whether such a project would affect the residents' property values. Chairman Silbernik noted that there had been a letter from a local realtor to the effect that this project would most likely adversely affect property values. However, Mr. Rohrman's expert witness had testified at the first portion of the public hearing that he was not an expert in this area and was not prepared to testify in response to that letter. Mr. Wurtzinger stated that there have been several security problems at the Nissan dealership and that more police involvement is necessary. George Welter, 611 Hapsfield Lane, stated he is an former realtor and his experience has shown that this type of project will cause a 10 to 15 percent devaluation of real estate adjacent to the commercial site. Mr. Ron Defoe, 745 Weidner, stated that based on the study which projects the Buffalo Grove Saturn dealership selling 2 to 3 times as many cars as the Libertyville dealership, the traffic study should be increased 2 to 3 times also. He commented that most people will take cars out through Weidner for test drives. Chairman Silbernik noted that Mr. Rohrman's testimony was that the salespeople would take all cars out initially for the test drive and this would be done on Dundee Road and the customer would not drive the car until it reached Lake Cook Road. Lenny Colen, 962 Hapsfield, stated that customers will use Weidner Buffalo Grove Plan Comm-Public Hearing-September 1, 1993-Page 11 Road as this would be much more convenient for test drivers. Ellen Mallow, 838 Stradford Circle, noted that there were many more windows facing the dealership site than the 10 to 12 mentioned in the line of sight study. She stated that there are at least 28 windows facing the proposed site. Mr. Coppolino referred to the line of sight drawing which shows only 10 to 12 windows which have any kind of view onto the proposed site. He said he stands corrected if this is not an accurate depiction of the proposed windows. He noted, however, that his study is referring to second floor windows, which are the only residential windows that would have a direct view of the dealership site. Mr. Ben Pomerantz, 773 Weidner, asked if the Village would be liable for any personal injuries suffered by people near the dealership because of the berms. He noted that the police memo has raised the issue of potential criminal activity being screened from view. Mr. Raysa stated the Village would not be liable. Mr. Pomerantz asked if there would be no light spillover from the dealership property because of the fixtures used in this new lighting system. Mr. Coppolino stated that it will not be akin to a black hole, rather the lights are forced onto a specific area. Mr. Pomerantz how many car dealers are next to Mr. Rohrman's Saturn dealership in Libertyville. Mr. Rohrman stated that there are Pontiac and Chrysler dealerships next to his dealership in Libertyville, Hyundai and Mazda dealerships are directly across Milwaukee Avenue from his site. Felicia Homan, 652 Hapsfield, noted that the area has many young children and their safety many be jeopardized by this plan. She asked what guarantees can be made that the general manager and assistant manager will enforce the policies outlined by Mr. Rohrman. She also asked how many of his other dealerships are located in residential areas. Mr. Rohrman noted that this property is not zoned residential. Further, he stated that in Libertyville the residential area is located directly in back of the dealership. In Lafayette, Indiana the residential area is also located behind the dealership and in Ft. Wayne there is a dealership which has residences along three sides. He further stated that he would institute very strict enforcement of his policies concerning operational items such as no test driving in residential areas. Buffalo Grove Plan Comm-Public Hearing-September 1, 1993-Page 12 Alice Balaczo, 834 Stradford, noted concern with people parking and waiting for the service department on the side streets of the neighborhood. Mr. Coppolino referred to Exhibit #9 which shows the service area with room for 6 automobiles with another 10 to 12 cars accommodated directly outside of the service department. Mark Elias, 664 White Pine, stated that based on the sale of 2, 000 cars per year, the average is approximately 26 trips per day not counting service, deliveries and employees. He noted that the traffic counts presented therefore do not make any sense. Commissioner Silbernik stated that the traffic counts at Libertyville did not include employees or test drives and were conducted by one of Mr. Rohrman's employees. Commissioner Samuels noted that the traffic study by the Mr. Rorhman concerning peak hours includes information from the dealership in Libertyville, and these figures are consistent with the counts that Mr. Carmignani, the Village's traffic consultant, provided to the Plan Commission when comparisons were being made between the approved office plan for the site and the proposed car dealership use. He noted that the testimony is that it is consistent with what the industry averages are indicating established figures for an automobile dealership of 25 entrances and 10 exits during A.M. peak hours; 20 entrances and 30 exits during P.M. peak hours, and 30 entrances and 25 exits on Saturdays. He noted that these are counts per hour. He also reiterated that the petitioner testified that their numbers are wholly consistent with what was provided to the Commission by Mr. Carmignani. Mr. Schwa tz stated that the development team accepted the report from Jame- J. Benes and Associates as accurate concerning peak hour traffic at a car dealership. He noted that the counts at Libertyville were done by an employee and were not tendered as expert te-timony. Mr. Elias asked that the traffic counts be taken into considera ion before voting on the plan. Mr. Elias submitted a flyer which had been circulated in the neighborh.od and asked that its veracity be verified. The flyer alleged t at Mr. Rohhman has an agreement with the Park District for the u-e of Bison Park for employee parking. Mr. Rohrm:n stated he has an agreement to park some cars at Bison Park when it is not being used. Chairman .ilbernik asked if anyone on the Plan Commission recalled Buffalo G ove Plan Comm-Public Hearing-September 1, 1993-Page 13 if the agreement was for employee parking only. No one on the Commission recalled such a statement. Mr. Elias asked if the reflective light effect would still be present event with the use of the new lighting system. Chairman Silbernik noted that actual reflective light cannot be measured on the parcel as the parcel is empty at present. Gene Johnson, 950 Beechwood, asked what time a gate would be opened if one were installed. Mr. Rohrman stated that any kind of gate would be opened at 6:45 a.m. by the service manager. Mr. Johnson asked where cars would wait for the gate to open, since customer needing service would arrive before 6:45 a.m. Mr. Rohrman noted that the Schaumburg dealership sold 4, 000 cars last year and there were no cars sitting on the street waiting for the service department to open. Mr. Schwartz noted that Mr. Coppolino had detailed the car stacking capabilities of the proposed plan. Commissioner Goldspiel noted that if a gate is placed on Dundee Road as recommended by the Police Department, then there would be a traffic problem with cars backing up on the street if they should get there earlier than the gate was opened. He stated that this is something to be taken into consideration when voting on the plan. Mr. Johnson asked where employees would be park. Mr. Coppolino noted that there will be 30 spaces for employee parking provided on site. Richard Sims, 735 Weidner, noted that there are already many Buffalo Grove High School students parking along the side streets in the neighborhood. Chairman Silbernik stated that he doubts there would be very much customer parking on side streets since adequate parking would be provided on the dealership site. He further noted that parking is allowed on public streets unless specifically restricted by Village ordinance. Eleanor Hesse asked if tax revenues to the Village would be offset by declining property values caused by the dealership for properties adjacent to the dealership. Chairman Silbernik stated he does not know the net effect of Buffalo Grove Plan Comm-Public Hearing-September 1, 1993-Page 14 declining property values and it is not known what the specific affect the dealership would have on property values adjacent to the site. Commissioner Krug asked if the turning radius for carriers at the northeast corner had been corrected. Mr. Coppolino noted the necessary changes have been incorporated. Commissioner Samuels reiterated the opinion of the Village's traffic consultant in his memo dated September 20, 1991 which stated "If this site is to be developed with 229,000 square feet of office space, the area between Weidner Road and the Nissan/Park District entrance will need to be reconstructed to provide dual left turn lanes for eastbound Dundee Road onto Weidner Road to accommodate the traffic generated from the office development. " Commissioner Goldspiel asked that Chief McCann's memo of July 28, 1993 and Officer Bethge's memo of July 27, 1993 be made an exhibit and part of the record. I Chairman Silbernik entered these two memos as Plan Commission Exhibit #1. Commissioner Rosenston asked that the northwest corner turn radius issue be addressed. Mr. Coppolino stated that they will have to lose one more parking space and do whatever is necessary to ensure a proper turning radius on the northwest corner of the site. There being no further comments or questions from anyone present, Chairman Silbernik closed the public hearing at 10:40 p.m. Respectfully s mitted, ` Fay Rubi , Recording Secretary APPROVE B • I MARTIN S ERNIK, Chairman 1 Buffalo Grove Plan Comm-Public Hearing-September 1, 1993-Page 15 REGULAR MEETING BUFFALO GROVE PLAN COMMISSION September 1, 1993 Rohrman Saturn Automobile Dealership Chairman Silbernik called the meeting to order at 10:40 p.m. in the Buffalo Grove High School Theater, 1100 W. Dundee Road, Buffalo Grove, Illinois 60089. Commissioners present: Chairman Silbernik Mr. Goldspiel Mr. Krug Mr. Rhodes Ms. Howard Mr. Rosenston Mr. Samuels Ms. Genell Mr. Berman Commissioners absent: None Also present: Mr. Marc Schwartz, Batler and Schwartz Mr. Daniel Wolf, Batler and Schwartz Mr. Ron Coppolino, Coppolino Associates Mr. Robert Rohrman, Bob Rohrman Automobile Dealerships Mr. Richard Williams, Rolf C. Campbell & Associates, Inc. Mr. John Marienthal, Village Trustee Mr. William Raysa, Village Attorney Mr. Robert Pfeil, Village Planner APPROVAL OF MINUTES - None COMMITTEE AND LIAISON REPORTS - None ROHRMAN SATURN AUTO DEALERSHIP, CHATHAM B-3 PARCEL, NORTHWEST CORNER OF DUNDEE ROAD/WEIDNER ROAD - REZONING TO B-4 AND PRELIMINARY PLAN Moved by Commissioner Rhodes, seconded by Commissioner Berman to recommend approval to the Village Board of the petition for rezoning from the B-3 Planned Business Center District to the B-4 Business Services and Wholesale District and approval of a Preliminary Plan. Commissioner Goldspiel stated that he would like to incorporate by reference his remarks from the last public hearing regarding the inappropriateness of this proposal. He further stated that the issue of berming and screening needs attention. He stated that Buffalo Grove Plan Comm-Regular Meeting-September 1, 1993-Page 1 the reason this is such a difficult question for this proposal is due to the fact that this is not consistent with the neighborhood for which it has been proposed. Commissioner Krug stated that the development team did a wonderful job. He stated that historically everything has been done to keep the north side of Dundee Road aesthetically pleasing. He noted his belief that Dundee Road is a good and proper zoning line between the commercial district on the south side of the street and the residential district on the north side. He therefore stated that he could not support the proposed rezoning and auto dealership plan. Commissioner Rhodes stated that he would not want to see Dundee Road look like Golf Road in Schaumburg or Milwaukee Avenue in Libertyville. He stated that he would not want to see this corner blighted by parked cars and such and he would not support this plan as this is an inappropriate location for this development. Commissioner Howard stated that she agrees with many of the sentiments of her fellow commissioners against the proposed rezoning and auto dealership plan. She stated that B-4 zoning is unacceptable at this site and she thinks Dundee Road is the appropriate demarcation line between the residential and commercial districts in this area of the Village. Commissioner Rosenston noted that there are many advantages and disadvantages to bringing this project to the Village. However, looking at the proximity of the high school fields and reading the police reports, he is concerned with the proposed rezoning. He noted that in trying to determine why this project needs to be isolated with site planning elements such as large berms, it was occurs to him that this is an inappropriate use in this area and one that he could not support. Commissioner Genell stated that "as Plan Commissioners we are here tonight to consider a change in zoning request for a change in zoning from B-3 to B-4. The petitioner's role is to present testimony showing the proposed use for the subject site is reasonable; and how such a change conforms to our zoning ordinance and comprehensive plan. Factors used to determine the highest and best use of a site or that the proposed site is reasonable are: 1. Suitability of the site - Physical conditions fully support its use as a dealership. The detention pond will serve as a buffer to the north. The Buffalo Grove Zoning Ordinance, Chapter 17.44 under the B-4 zoning classification already provides as a permitted special use an auditorium, stadium, arena, armory, gymnasium and other similar places for public events - thus, establishing that the requested use would be Buffalo Grove Plan Comm-Regular Meeting-September 1, 1993-Page 2 compatible with the existing school to the west. 2 . Trend and Development - Uses along Dundee Road are almost exclusively commercial. Testimony has been rendered here tonight that from Arlington Heights Road to Route 53 on the north side, 885, 000 square feet is of a commercial or retail use and 195, 000 square feet is in Buffalo Grove and 690, 000 square feet is in the Village of Arlington Heights. 3 . Compatibility - The proposed use would be, in my opinion, compatible with the uses along Dundee Road. Unlike uses are separated via the rear property line behind which exists multi-family and single-family developments. The closest dwelling unit, according to testimony under oath, is approximately 541 feet away to the north. 4. Economic Benefits - Sales dollars generated from sales will benefit the entire Village and it will be of economic benefit in that the value of the site will increase. Existing auto dealerships have not proven to cause a decline in property value to the surrounding uses. In addition, the requested use will be less intensive in use than an office use under the B-3 zoning. 5. Health, Safety and Welfare - As long as the proposed use is developed to Buffalo Grove codes and ordinances, the Village will be protected and not be liable for litigation. 6. Length of time property vacant as zoned - Approximately four years as testified. The visual slope/berming as expressed should be very aesthetically pleasing and will be discussed further by the Architectural Commission, staff, and Police Department. It is my belief that this property belongs in the commercial category and a property use within that category is an automobile dealership. Mr. Rohrman has met with every request that this Commission has Y requested and has testified under oath to comply with the demands of this Plan Commission. Commissioner Genell stated that she will support this project. Commissioner Samuels noted that the police report concerning the berming and lighting and stating the incidence of criminal activity would seem to be activity directed at the dealerships themselves and not a public safety issue. Commissioner Samuels read his statement which stated, " . . .I have several comments to make regarding both the petition and plan with Buffalo Grove Plan Comm-Regular Meeting-September 1, 1993-Page 3 which we are presented and the issues and comments that have been made in the various proceedings that have taken place. First, I, as most of the other commissioners, thank the development team for a thoroughly professional presentation. This planning process has taken many months and the plan has been changed - not insignificantly - by the questions, comments and ideas input through the workshop process and even right up to this evening's public hearing. Next, I would like to address some of the comments and issues concerning the presentation. Commissioner Goldspiel, in his comments explaining his reasoning for rejecting the plan stated that it simply was not good or proper planning to put all of the uses of a given type in only one area of the Village. I disagree. There are instances where it is necessary and proper to have all of the uses segregated in one area. For example, and, since Commissioner Goldspiel used the artificial dividing line of Lake- Cook Road, I will use it also; all of the industrial zoned land in Buffalo Grove lies in three large but almost connected areas north of Lake-Cook Road. There is absolutely no land zoned industrial south of Lake Cook. There is often a good reason to group activities or uses together and that is: Commercial reasonableness and convenience. In the case of automobile dealerships this is almost always the case. Rarely is a single dealership found standing alone. Far more often they are bunched together in close proximity. It is a matter of commercial reasonableness that requires this - people like to go from one dealership to the next to look at and price various models before selecting one. Several Commissioners have commented about the "historical" preservation by the Village of Dundee Road for residential uses and their abhorrence of commercial uses on it. While that may have been a valid point during years past as many undeveloped parcels existed in the area, it certainly has run its course by now. This is the last-not one of the last-but THE LAST piece of undeveloped property in the area. There will be no "Domino Effect" from the opening of what would be the fourth car dealership in the area. Many of the nearby residents have decried what they perceive as a potential detriment to their property values. I cannot agree with this assessment. Maybe the construction and operation of the first or second dealership in the neighborhood had an adverse effect on the property values in 1 the area. But, by the time of the third or fourth dealership, the devaluation, if any, has already occurred. The value of these properties is what it is given the character of the area and opening a fourth dealership does not change the character of an area. I 'm sorry, folks, but Dundee Road is not a residential street. It is a commercial avenue. Look at the existing uses within the area from Arlington Heights Road to Buffalo Grove Road: There are Buffalo Grove Plan Comm-Regular Meeting-September 1, 1993-Page 4 restaurants, a convenience store, fast food franchises, an animal hospital, three car dealerships, a park, some rear and side yard residential frontages, a nursery, a church, a bank, a fire station, some small retail shops, more restaurants, a strip center, another bank, another strip center, some multi-family residential units, a few more residences, another strip center, a few more residences, another park, some more multi-family residential units and the High School. In the midst of all of these, already zoned B-3 and approved by the Plan Commission and the Village Board as over 200, 000 square feet of 5 story tall II' office buildings, is the Rohrman Parcel. To characterize this area as being residential in nature is to engage in fantasy. Good planning incorporates transitional zoning concepts. It places the heaviest, commercial, industrial and business uses on the arterial streets and thoroughfares. It then buffers the single family residential areas with multifamily developments between them and the commercial areas. That is exactly what is proposed here. A Plan Commissioner's job is two-fold. It involves deciding whether or not a proposed development is appropriate in a given area and it involves evaluation of the form and content of that development. When all of the hype and emotion are boiled off of this particular proposal, what we are left with is a proposal to change an existing B-3 to a B-4 use and a plan that has been reworked and fine-tuned with deference and sensitivity to the adjoining landowners. It is well designed, heavily bermed and densely landscaped, both horizontally and vertically. The lighting has been designed to be as unobtrusive as possible; and the owner will be prohibited from the use of any outdoor speaker paging system. The traffic generated by the proposed use will be significantly less than that which would accompany the existing zoned use. the revenues, in the form of sales taxes generated are both substantial and beneficial to the entire Village as they will help to move the Village away from its past reliance on property taxes as a primary source of revenue and toward a balanced revenue source base. To say that "yes, this is a good plan; but it is not in the right place" is, in the words of my generation, a cop-out. There is nowhere in the Village presently zoned for a car dealership. Mr. Rohrman has told us time and again that the Saturn rn Corporation wants a facility in Buffalo Grove. He bought this piece of property because, I assume, he looked at every available option and then decided that this property had the highest probability of success for his operation. The question is: is this a good plan on an appropriate site? For all of the reasons I have just stated, my answer is "yes" ; and I will cast my vote in favor of the petitioner. " Commissioner Berman stated as follows: Buffalo Grove Plan Comm-Regular Meeting-September 1, 1993-Page 5 "I have carefully considered the proposal before us. This is, without question, the most difficult decision I have been called upon to make during my tenure on this Commission. What may be the most appropriate use of any particular property depends on all of the physical, economic and social conditions prevailing within the municipality, as well as the needs of the Village, both present and reasonably in the future. The property outcome necessarily involves a balancing of the various interests and interested parties, including the Petitioner, the neighbors and the Village as a whole. I start with the fact that this parcel is zoned B-3 and designated for office use. A Comprehensive Plan must be, however, by its very nature, a generalized guideline for the development of a dynamic community. It is an egregious error to color the Plan with more authority than this limited function. A Comprehensive Plan is not and cannot become fixed and immutable; it must be continuously re-examined and must be amenable to change whenever circumstances demonstrate a significant need. While I believe, that the initial premise of the Comprehensive Plan designation for this parcel was sound -- it is unlikely that this property ever could viably be developed for residential use -- the vagaries of the marketplace have cast similar doubt on the possibility that this parcel could or would be developed for office use. As a result, it is imperative that this Commission give careful consideration to the proposed alternative commercial use proposed by the Petitioner. The plan for the site as presented by the Petitioner is sound. The development teamhas incorporated substantial al design elements to make the plan functional and aesthetic. Even Chairman Silbernik, while stating his opposition to the proposed location, has conceded that the Petitioner has modified the plan in every way requested by this Commission. The modifications offered by Mr. Rohrman will address the Police Department concerns while maintaining a significant aesthetic buffering of the property. The location choice is a more difficult question and is the issue which has dominated the discourse throughout the hearing. We must remember that the intended role of this Commission is to weigh the best interests of the entire community, not to become a referee between the Petitioner and his neighbors. To do so would allow the process to be subverted and would create, to quote a noted land-use expert, "government by screaming" and "trial by neighborism. " On the other hand, the neighbors have, in fact, raised some legitimate concerns concerning the proposal, including its proximity to residential areas, the possibility of increased traffic and the possibility of alternative uses in a B-4 district. Buffalo Grove Plan Comm-Regular Meeting-September 1, 1993-Page 6 In favor of the proposal, however, is the fact that the parcel is located with frontage along Dundee Road, a largely commercial corridor and one of the most heavily traveled arteries in and around the Village. In addition, the proposed development will enhance the economic status of the Village and generate a not insignificant amount of revenue for our taxing districts. The location of the parcel along Dundee Road is, from my perspective, significant. I appreciate the comments made by Commissioner Goldspiel and others to the effect that an effort has been made in the past to limit commercial development on the north side of Dundee within the confines of the Village and that LaSalle factors could be proffered to support Dundee Road as a dividing line. However, when we look at this parcel in terms of the region as a whole and the Dundee Road corridor, particular,articular► it becomes clear that Dundee is not generally treated as a demarcation line and from Waukegan Road on the east to Route 12 on the west, Dundee Road is a major commercial corridor. Within the Village there is substantial commercial presence on Dundee. Across from the subject property already are several existing dealerships. Not far to the west, are several major commercial centers both in the Village and in Arlington Heights. to the east are several commercial centers in the Village and even more in Wheeling. It cannot, therefore, be said that some manner of commercial development of this property is out of context or facially inappropriate. This planning body must also consider the impact of the proposed land use not only on the neighbors but upon a broader spectrum of interests. The Village Board has stated that its goals and policies for development include maintaining economic growth that strengthens the local tax base and increases the economic and employment opportunities in the area as well as maintaining a level of retail and business activity sufficient to meet the needs of the community. I believe, based on the testimony and information presented by the Petitioner, that development of this parcel in accordance with the pending proposal would generate a significant stream of sales tax revenues for the Village amounting to approximately a quarter of a million dollars a year. In addition, the property taxes paid by the Petitioner after development of the plan, would substantially exceed those currently paid for the property as an undeveloped parcel -- a condition it is likely to remain in for some time if we insist on it remaining classified for office use. Finally, the proposed �./ dealershipwillprovide job opportunities for our residents, an PP element vital to the economic health of the Village. In reviewing the information provided by our traffic engineer and the information provided by the development team, I am convinced that this proposal would have a lesser traffic impact on the area than would the approved office complex. Common sense dictates that the absolute volume of traffic generated by an office complex Buffalo Grove Plan Comm-Regular Meeting-September 1, 1993-Page 7 would be significantly greater than the proposed development. Mr. Rohrman has testified that significant regulations will be in place to minimize, if not eliminate neighborhood traffic. The possibility of "cut-through" traffic is, in my opinion, greater for an office complex whose substantial number of tenants and employees will become familiar with the area and progressively seek out alternative routes to the complex. That number will be significantly greater than the volume created even if every Rohrman employee cut through. Finally, in light of the fact that car dealerships are closed on Sundays, there would be no traffic related to the dealer on one day of the week; the same is not true for an office complex. The ecological concerns raised by the neighbors -- that the parcel is bucolic green space which is home to fish and birds whose habitat may be disrupted -- cannot form the basis for this Commission's actions. No one on this Commission is a greater supporter than I of the preservation of open green space within the Village. Nevertheless, we as a Village do not have the authority to impose upon a private landowner, through zoning, the requirement that he refrain from development so that his parcel can provide public recreational space. While we as a Commission may certainly regret loss of the open space through development, we are not empowered to preclude it. With regard to potential alternative uses of the site as a B-4 district, I think it is fair to say that Mr. Rohrman is not a fly- by-night operator. He is an established businessman with a particularly impressive track record. Based on his record, and the success of the Saturn product, we should anticipate that the dealership, if built, will remain in place for a very long time. As a result, I believe the concerns that the property may be redeveloped for intrusive or noxious uses in the future is unfounded. In an era of shrinking economic support from Washington and Springfield, we as a Village must seek out new avenues of financing municipal services or we will bear the burden in our property taxes. The best avenue to fiscal self-sufficiency is a stable, tax paying commercial element within the Village. The sales taxes reduce the cost of Village services while the assessment of the property as a commercial development would generate significant property taxes. We must therefore encourage businesses to locate within our boundaries and to remain here. And while we need not and will not blindly accept every business proposal, overt, personal hostility is equally unwarranted. We as a Plan Commission cannot lose sight of the fact that there are circumstances where the landowner's ambitions are in conflict with those of his neighbors but are consistent with the interests of the greater Village, considered as a whole. This Commission has addressed several such issues in recent past. On that comes Buffalo Grove Plan Comm-Regular Meeting-September 1, 1993-Page 8 to mind clearly is the Park District development at Route 22 and Buffalo Grove Roads which was substantially more densely developed than the neighbors would have preferred and incorporated lighting to which the neighbors objected strongly. This Commission supported the Park District's request in large part because of the perception that the benefits to the community at large outweighed the detriments imposed on the relatively small number of neighbors directly affected by the traffic, noise and lighting which undoubtedly will be caused by the park as developed. I believe, based on the evidence presented here, that this proposal will provide a financial and economic benefit to the Village in a location which, while not ideal, is not unsuitable for the plan proposed. Any detriment to the neighbors is diminished by the substantial effort undertaken by the Petitioner to screen the propriety and is offset by the benefit to the Village as a whole. While it is unlikely to make me a popular person in this room, I will support this proposal and urge the other members of the Commission to do so as well. Chairman Silbernik stated that this is not a traffic count issue or an income or revenue issue. This is a quality of life issue. This is a parcel of land that is surrounded on four sides by residentially zoned property. He stated that there are some issues that need to be resolved. It had been mentioned that 2, 000 cars are to be sold at this proposed location which means at least 5, 000 single customer visits. That does not include multiple visits, service visits, test drives or employees. He further stated that Mr. Campbell has substantiated that the north side of Dundee Road within the boundaries of the Village of Buffalo Grove is not commercial. Of the 685,000 square feet of commercial property along the north side of the Dundee Road corridor as defined by Mr. Campbell, less than 200, 000 square feet is in Buffalo Grove. The balance is in Arlington Heights and Wheeling. He further stated that he sees conflicting information, safety and security issues, and the LaSalle zoning factors in a different light than some of the other Commissioners, and the trend of development clearly established is that the north side of Dundee Road is not commercial. He noted that he does not see compatibility of the proposed use with the area as it is surrounded by residential areas. He noted concerns with the health safety and welfare of the community based on the police reports. Given these facts he stated he could not support this plan at this location. Chairman Silbernik called for a vote on the motion and the vote was as follows: AYES: Samuels, Genell, Berman NAYES: Goldspiel, Krug, Rhodes, Howard, Rosenston, Silbernik ABSENT: None ABSTAIN: None Buffalo Grove Plan Comm-Regular Meeting-September 1, 1993-Page 9 The motion failed 6 to 3 . CHAIRMAN'S REPORT - None FUTURE AGENDA SCHEDULE Mr. Pfeil stated there would be a special meeting on September 8, 1993 for the proposed Comerica Bank plan and the Checker Place residential development. PUBLIC COMMENTS AND QUESTIONS A person in attendance at the public hearing asked what Mr. Rohrman's options are at this point. Chairman Silbernik stated the Plan Commission's recommendation concerning the rezoning and site plan will go to the Village Board. He noted that the Village Board has the opportunity and right to make a decision that is contrary to the Plan Commission's recommendation. He indicated that anyone interested in attending the Village Board meeting when this item would be considered should check with the Village staff to find out the agenda date. STAFF REPORT - None NEW BUSINESS - None ADJOURNMENT Moved by Commissioner Rhodes, seconded by Commissioner Berman, and carried unanimously to adjourn. Chairman Silbernik adjourned the meeting at 11:30 p.m. Respectfully su itted, Fay ubin Recording Secretary APPROV MARTI SILBERNIK, Chairman Buffalo Grove Plan Comm-Regular Meeting-September 1, 1993-Page 10