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1994-11-30 - Plan Commission - Minutes PUBLIC HEARING BUFFALO GROVE PLAN COMMISSION November 30, 1994 Computer Discount Warehouse Chairman Goldspiel called the meeting to order at 7:30 p.m. in the Village Council Chambers, Buffalo Grove Municipal Building, 50 Raupp Boulevard, Buffalo Grove, Illinois, explained the procedure for the hearing and swore in those giving testimony. Commissioners present: Chairman Goldspiel Mr. Krug Ms. Howard Mr. Rosenston Mr. Samuels Mr. Berman Mr. Moons Commissioners absent: None Also present: Mr. Michael Krasny, Computer Discount Warehouse Mr. Marc Schwartz, Batler & Schwartz Mr. Harold Binstein, Gold Standard Enterprises Mr. Walter Fornek, Gold Standard Enterprises Mr. William Raysa, Village Attorney Mr. Robert Pfeil, Village Planner The following exhibits were presented by the petitioner at the public hearing: Exhibit A: Proposed signage for Computer Discount Warehouse Mr. Michael Krasny of Computer Discount Warehouse stated they opened their business in Buffalo Grove approximately six months ago and they are now requesting permission to amend the signs to make the public aware of the fact that there is a retail presence in the community as well as a showroom available to the public. He noted that the public is not well aware of this fact which is causing an undue hardship on the business. He noted they wish to add the words "Discount Showroom" to their sign for market purposes. He further noted they had put some signage on their building which was improper and removed same at the request of the Village. Commissioner Krug stated he has no strong objections to the signage although he questions the need for two signs. Buffalo Grove Plan Comm-Public Hearing-November 30, 1994-Page 1 Mr. Krasny stated they decided on the two signs for uniformity and to maintain an aesthetically pleasing balance on both sides of the building. Commissioner Howard stated she has no problem with the signage. Commissioner Rosenston asked how long the other sign has been off. Mr. Krasny stated it has been off approximately three weeks. Commissioner Rosenston asked if there has been any drop off in business. Mr. Krasny stated it is very difficult to judge because of the holiday season. Commissioner Rosenston stated he felt the term "discount showroom" is redundant. Mr. Krasny stated they do not wish to use the word retail as they are not a retail business and by just using the word showroom, people are still not aware they are open to the public. Commissioner Samuels asked how the light box will operate. Mr. Krasny stated it would be color coded to balance with the existing signage and will actually have less visibility than the other letters. He noted this is more of an informational sign. Commissioner Samuels asked if the Commission is approving the content of the sign or the size. Mr. Pfeil stated both are within the purview of the Plan Commission although the size is the essence of the request. The sign code refers to content as describing the "name and nature" of a business. Commissioner Berman stated he has no problem with the concept of the sign and will leave it to the Appearance Commission to deal with the aesthetics. Commissioner Moons stated he still sees a redundancy in the wording. He suggested using Computer Discount Warehouse and Showroom. Mr. Krasny stated they elected not to use that form is that it would not effectively denote that a showroom was available to the public. He further stated the other alternative was to use "Public Showroom. " Commissioner Samuels stated it is not the responsibility of the Buffalo Grove Plan Comm-Public Hearing-November 30, 1994-Page 2 Commission to question wording, only appropriateness of the sign. Chairman Goldspiel asked what kind of verbiage is provided by the ordinance. Mr. Pfeil stated that name and nature of the business is pertinent for signage. Mr. Raysa stated the Village code allows signage to state the name and nature of a business, and this is intended to be administered uniformly throughout the Village. He noted that governmental entities have to be careful not to restrict the free speech rights of businesses and individuals. Commissioner Krug noted there is a recommendation from the Appearance Commission regarding a canopy and asked where this canopy would be located. Mr. Krasny stated the canopy is at the front door to protect customers from weather. Chairman Goldspiel asked how high the letters that say "Computer Discount Warehouse" are. Mr. Krasny stated those letters are approximately two feet. There being no further comments or questions from anyone else present, Vice Chairman Goldspiel closed the public hearing at 7:50 P.M. Respectfully Submitted, Fay Rubin, Recording Secretary APP VED BY: S PH N GOLDSPIEL, airman II Ii Buffalo Grove Plan Comm-Public Hearing-November 30, 1994-Page 3 PUBLIC HEARING BUFFALO GROVE PLAN COMMISSION November 30, 1994 Binny' s Beverage Depot Chairman Goldspiel called the meeting to order at 7:30 p.m. in the Village Council Chambers, Buffalo Grove Municipal Building, 50 Raupp Boulevard, Buffalo Grove, Illinois, explained the procedure for the hearing and swore in those giving testimony. Commissioners present: Chairman Goldspiel Mr. Krug Ms. Howard Mr. Rosenston Mr. Samuels Mr. Berman Mr. Moons Commissioners absent: None Also present: Mr. Marc Schwartz, Batler & Schwartz Mr. Harold Binstein, Gold Standard Enterprises Mr. Walter Fornek, Gold Standard Enterprises Mr. William Raysa, Village Attorney Mr. Robert Pfeil, Village Planner The following exhibits were presented by the petitioner at the public hearing: Exhibit 1: Floor plan (Sheet Al) dated September 26, 1994 by Sarfatty Associates Exhibit 2: Building elevation (Sheet A4) dated September 26, 1994 by Sarfatty Associates Exhibit 3: Group exhibit - pictures of interior plans Mr. Schwartz of Batler and Schwartz stated the petitioner is requesting a Special Use for a liquor store within the B-5 planned district amending Section 17.44.060.C. 1.e. to allow a liquor store as a Special Use in the B-5 District. Mr. Harold Binstein of Gold Standard Enterprises stated Binny' s is 1 a new concept of Gold Standard Enterprises which started approximately one year ago and is doing very well. This is a well merchandised store which is not considered a destination stop since it does not depend on other stores for its business. He further noted this store will generate a large tax base for the Village and will be a very upscale enterprise. He further noted Buffalo Grove Plan Comm-Public Hearing-November 30, 1994-Page 1 gg the decor and ambiance planned for the store will fit in with what the public wants in the 90's. Mr. Schwartz stated the store will occupy space that was formerly rented by Erewhon. Mr. Schwartz stated one of the concerns expressed by the Commission at the last workshop was regarding shopping carts. He stated they have come up with a plan to address this issue. He noted Mr. Binstein and Mr. Fornek have studied their other stores and understand the nature of the Town Center and the need to try to regulate shopping carts in the center. Mr. Schwartz stated the proposal calls for a maximum of 40 carts on the premises. Carry out would be offered at the registers and posted at the registers. This would be the preferred method and would be encouraged by employees. In addition Binny' s would patrol the outdoor area at least once every hour for shopping carts. Carts are, however, necessary to this type of business and expected by customers. Mr. Schwartz further stated this Special Use will serve the public convenience and will maintain and not be detrimental to or endanger the public health or general welfare at the Town Center site. He stated the location and size of the Special Use and the nature and intensity of the operation are conducive to the B-5 zoning district. He stated this operation will not be injurious to the use and enjoyment of the property in the immediate vicinity. The nature, location and size of the buildings will not impede, hinder or discourage development of adjacent plans as this is an inline store in an already existing shopping center. All necessary facilities are existing and parking areas are of sufficient size. Based on these factors, the request for a Special Use should be granted. Commissioner Krugstated heis in favor of the project but noted the firewall at the storage area in the sales area needs to be a three hour containment wall instead of a one hour. Commissioner Berman asked what the hours of operation would be. Mr. Binstein stated the store would be open from 9:00 a.m. to approximately 9:00 or 10:00 p.m. and will conform to the hours of the shopping center. Commissioner Berman asked if there would be any changes to the exterior. Mr. Schwartz stated the exterior elevation will be consistent with the Town Center motif. Commissioner Berman asked if there is a canopy planned for the Buffalo Grove Plan Comm-Public Hearing-November 30, 1994-Page 2 1 store. Mr. Fornek stated there are no plans for a canopy. Mr. Schwartz reiterated that the signage and exterior of the premises will remain consistent with the Town Center zoning and sign ordinance. Commissioner Berman stated he is troubled by the cart issue. He noted the parking lot is large and there is no guarantee that carts will not end up everywhere in the shopping center which would not be in keeping with the concept of the center. He asked if there is a possibility to install a barrier for the carts. Mr. Schwartz stated this is a Special Use request and therefore the Village clearly has the authority to govern the use of carts. Shopping carts are an integral part of this business and to prohibit the use of carts entirely would create a serious problem for this business. As this is a business requiring a special use as well as a liquor license, it is easy to restrict the use of those shopping carts within the special use requirements and if the requirements are not met, the special use can be revoked. Mr. Fornek stated they studied the shopping cart usage in their Naperville facility which had about 1.07 carts per hour used in the lot. This is a very small number of carts which had no impact on the parking lot. Commissioner Rosenston noted that as this project is being billed as an upscale type of establishment, then carts should not be allowed past the registers. Commissioner Samuels asked if the Fire Department has made any comments, especially with regard to only one entrance in and out of the establishment. Mr. Pfeil stated the plan has been submitted to building and zoning for review and issues relating to Village codes will be addressed during the permit review process. Commissioner Samuels asked what the sign ordinance consists of for this kind of usage. Mr. Schwartz stated it was indicated at a workshop session that there would be no point of sale signs. Commissioner Samuels noted if the ordinance provides for same then it will not need to be addressed in the public hearing, otherwise he would like it subject to the special use. Commissioner Samuels noted he would like to make approval of this special use subject to a prohibition of point of sale signage on Buffalo Grove Plan Comm-Public Hearing-November 30, 1994-Page 3 the premises. Commissioner Samuels agreed with other Commissioners regarding shopping cart prohibition in Town Center and asked if any other sites had been considered for this project. Mr. Fornek stated they have been negotiating for the Town Center site since 1991 and cannot see why five or six carts in the center would impede this entire development. Commissioner Samuels reiterated that five or six carts should not stop customers from coming to this establishment especially since curbside service will be provided. Mr. Schwartz stated an absolute prohibition of shopping carts would be an onerous burden on this establishment and the use of such carts can easily be controlled by the special use which can be revoked. Mr. Fornek noted there are many customers who object to having to get back into the car to drive up for pickup and find it burdensome. In addition there may be cars queuing up for service on a busy Saturday which will be more of a problem then a few carts going out into the parking lot. Mr. Schwartz stated this retailer expects five to six million dollars worth of sales and does not want to jeopardize those sales. Commissioner Howard stated she has no objection to carts and trusts the retailer would monitor the lot. Commissioner Berman stated some kind of language could be incorporated to prevent cart use from becoming a problem. Commissioner Moons stated there should be a compromise which will make the matter subject to review at a later date to enable this retailer to come into the Town Center. Commissioner Howard asked if garbage capacity would be sufficient. 1 Mr. Fornek stated Melvin Simon controls that. Chairman Goldspiel asked if delivery service is provided. Mr. Fornek stated there is delivery service provided by one small van which must be parked and loaded in the back per rules of Melvin Simon. Chairman Goldspiel noted that the ordinance requires businesses within the B-5 district to be in harmony and stated he feels that allowing carts for this establishment would be adverse to the to Buffalo Grove Plan Comm-Public Hearing-November 30, 1994-Page 4 the requirement for compatibility and harmony among uses. In addition, it would be difficult to tell other retailers they could not have carts. Mr. Fornek reiterated the small number of carts present in parking lots at their other facilities and the lack of problems encountered in over 25 years in business. He noted they are an under user of parking spaces at all their facilities and have offered to be subject to the 40 cart maximum in good faith. Mr. Schwartz stated the merchant needs the use of carts for peak periods and cannot begin business with a complete prohibition of cars. Commissioner Rosenston noted concerns with the ability to prohibit other stores from cart usage. Mr. Binstein stated it is the customer who demands such use. Commissioner Howard agreed with Commissioner Moons and stated this does not appear to be a huge issue, but rather more of an aesthetic issue. Mr. Raysa noted wine tastings and deliveries are governed by the Village' s liquor control ordinance. There being no further comments or questions from anyone present, Chairman Goldspiel closed the public hearing at 9: 15 p.m. Res c fully sub tted, Fay Rubi , R cording Secretary AP ROVED BY: TEP EN GOLDSPIEL, -Chairman II Buffalo Grove Plan Comm-Public Hearing-November 30, 1994-Page 5 SPECIAL MEETING BUFFALO GROVE PLAN COMMISSION November 30, 1994 Binny' s Beverage Depot, Town Center - Special Use for a Liquor Store in the B-5 District and Amendment of the B-5 Regulations to Allow a Liquor Store as a Special Use Computer Discount Warehouse, 1020 E. Lake Cook Road Amendment of a Special Use Concerning Signage for an Accessory Retail Use in the Industrial District Review of Revised Village Bike Path Map Chairman Goldspiel called the meeting to order at 7:55 p.m. in the Village Council Chambers, Buffalo Grove Municipal Building, 50 Raupp Boulevard, Buffalo Grove, Illinois. Commissioners present: Chairman Goldspiel Mr. Krug Ms. Howard Mr. Rosenston Mr. Samuels Mr. Berman Mr. Moons Commissioners absent: None Also present: Mr. Michael Krasny, Computer Discount Warehouse Mr. Marc Schwartz, Batler & Schwartz Mr. Harold Binstein, Gold Standard Enterprises Mr. Walter Fornek, Gold Standard Enterprises Mr. William Raysa, Village Attorney Mr. Robert Pfeil, Village Planner Moved by Commissioner Rosenston, seconded by Commissioner Samuels to amend the order of the agenda to address the issue of Computer Discount Warehouse first. All Commissioners were in favor of the motion and the motion passed unanimously. COMPUTER DISCOUNT WAREHOUSE, 1020 E. LAKE COOK ROAD - AMENDMENT OF A SPECIAL USE CONCERNING SIGNAGE FOR AN ACCESSORY RETAIL USE IN THE INDUSTRIAL DISTRICT Moved by Commissioner Rosenston, seconded by Commissioner Samuels Buffalo Grove Plan Comm-Special Meeting-November 30, 1994-Page 1 to recommend approval to the Village Board of the petition for amendment of a Special Use for an accessory retail use in the Industrial District concerning the following variation: ZONING ORDINANCE - Section 17 . 48.020.C. 14.c. (to allow two signs with an area of 20 square feet per sign, rather than one sign with an area of 10 square feet) . Commissioner Samuels, speaking in favor of the motion stated he does not see anything obnoxious or obtrusive about the proposed amendment and feels the petitioner has demonstrated both need and hardship. He stated he accepted the petitioner's reasons for the two signs based on aesthetic balance and noted he has heard no objections or adverse opinions from the public. Chairman Goldspiel called for a vote on the motion and the vote was as follows: AYES: Krug, Howard, Samuels, Rosenston, Berman, Moons, Goldspiel NAYES: None ABSTAIN: None ABSENT: None The motion passed 7 to 0. Moved by Commissioner Rosenston, seconded by Commissioner Samuels to recess the Special Meeting. All Commissioners were in favor and the motion passed unanimously. The special meeting was reconvened at 9: 15 p.m. APPROVAL OF MINUTES - None COMMITTEE AND LIAISON REPORTS Commissioner Krug attended the Village Board meeting on November 23, 1994 and stated the following items were discussed: 1. Approval of Grove Memorial Chapel annexation 2 . Passage of a Master Change Ordinance concerning portions of the Municipal Code 3. Increase in developer school and park cash contributions by an amendment of the land value per acre used in Title 19 of the Municipal Code BINNY' S BEVERAGE DEPOT, TOWN CENTER - SPECIAL USE FOR A LIOUOR STORE IN THE B-5 DISTRICT AND AMENDMENT OF THE B-5 REGULATIONS TO ALLOW A LIOUOR STORE AS A SPECIAL USE Buffalo Grove Plan Comm-Special Meeting-November 30, 1994-Page 2 Moved by Commissioner Samuels, seconded by Commissioner Rosenston to recommend approval to the Village Board for approval of a Special Use in the B-5 Town Center Planned District for a liquor store and amendment of Section 17.44. 060.C. 1.e. to allow a liquor store as a Special Use in the B-5 District subject to: 1. Restriction in the Special Use regarding signage on the building which restricts the use of any point of sale signage on the exterior of the building and windows of the store 2 . Drafting of wording indicating a desire to restrict carts from the parking lot, but not making an occasional violation of such a condition for the revocation of the liquor license or special use Commissioner Samuels stated he would prefer to make the special use condition time limited and then subject to review. Commissioner Berman suggested a compromise with the following type of language to prevent cart use from becoming a problem: 1. Maximum of 40 carts on the premises 2. Cart use in the parking lot to be discouraged through prominently displayed signs in the store 3. Petitioner to offer carry out service at all times 4. Petitioner to patrol lot for carts no less than once every 30 minutes 5. No cart shall be allowed to remain in the lot for more than 30 minutes Mr. Schwartz stated Mr. Binstein's concern is that he is making a substantial investment in this venture and by putting a review in place within one year, he may lose everything. Mr. Schwartz stated it is his understanding that a special use is always reviewable. Commissioner Berman suggested adjourning the public hearing to allow for further contemplation on the proposed compromise. Mr. Schwartz stated this whole process was started in April and now there are only six days left to consummate the lease or it is a moot point. Commissioner Krug stated the petitioner has proposed a viable plan to address the cart issue and if same does not work out the landlord and the Village will see to it that the rules are Buffalo Grove Plan Comm-Special Meeting-November 30, 1994-Page 3 followed. He further noted a small minority of people will use the carts, particularly if they have small children with them. Mr. Schwartz stated the 30 minute sweep will be acceptable if the one year review is deleted. He further noted that the point of sale advertising restriction refers to the windows only. Commissioner Berman's language was incorporated as part of the motion and accepted by Commissioners Samuels and Rosenston. Commissioner Rosenston stated this will be an asset to the Town Center and noted he hopes this will spark further interest in the Town Center. He stated with the compromise provided he now feels confident and will support the motion for approval of the plan. Commissioner Samuels agreed with Commissioner Rosenston and stated he has no objection to this use and hopes the integrity of the center will be preserved. Commissioner Berman concurred with all Commissioners and stated he is happy to see this facility come into the Village but noted that he hopes everything necessary is done to patrol the center properly. Commissioner Samuels noted that the Plan Commission's recommendation concerns this specific liquor store, and other establishments would be required to submit a petition for special use review. Chairman Goldspiel called for a vote on the motion and the vote was as follows: AYES: Krug, Howard, Rosenston, Samuels, Berman, Moons NAYES: Goldspiel ABSENT: None ABSTAIN: None Chairman Goldspiel stated his vote in opposition to the motion was due to the shopping cart issue. The motion passed 6 to 1. REVIEW OF REVISED VILLAGE BIKE PATH MAP Commissioner Moons noted that all park areas need to be properly labeled as there have been changes made by the Park District recently. Several items on the map were discussed and clarified by the Commissioners. Moved by Commissioner Berman, seconded by Commissioner Howard to approve the bike path map per corrections noted. Buffalo Grove Plan Comm-Special Meeting-November 30, 1994-Page 4 All Commissioners were in favor of the motion and the motion was adopted. CHAIRMAN'S REPORT - None FUTURE AGENDA SCHEDULE Mr. Pfeil noted the next public hearing and regular meeting is scheduled for December 7, 1994. PUBLIC COMMENTS AND QUESTIONS - None STAFF REPORT - None NEW BUSINESS - None ADJOURNMENT Moved by Commissioner Samuels, seconded by Commissioner Rosenston and carried unanimously to adjourn. Chairman Goldspiel adjourned the meeting at 10: 10 p.m. Resp ctfully s mitted, Fa Rub' , ecording Secretary APP VED BY: ST PH N GOLDSPIEL, airman L Buffalo Grove Plan Comm-Special Meeting-November 30, 1994-Page 5