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1997-10-08 - Plan Commission - Minutes PUBLIC HEARING BUFFALO GROVE PLAN COMMISSION October 8, 1997 Zoning Ordinance, proposed amendments concerning outside storage and display of merchandise in Business Districts 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. Samuels Mr. Berman Mr. Trilling Mr. Ottenheimer Mr. Moons Mr. Viehman Commissioners absent: None Also present: Mr. &Mrs. George Zimmerman, Tru-Value Hardware Mr. William Raysa, Village Attorney Mr. Robert Pfeil, Village Planner Mr. Pfeil stated his memo dated October 3, 1997 summarizes some of the comments made by the Commission at the June 4, 1997 workshop including the definition problems with terms in the Zoning Ordinance concerning outside display and storage of merchandise and the inconsistencies regarding the regulations in different business districts. Mr. Pfeil reviewed the tables attached to his memo noting that Table 1 highlights the basic regulations in the five business zoning districts. Table 2 highlights the Sign Code and actually has some allowances for signs relative to sales or business events, noting these sales or events may not exceed 10 consecutive days. Table 4 is a list of the various shopping centers in the Village and their respective zoning districts. Table 5 lists some selected businesses which would probably be most affected by any ordinance amendment. Table 3 sets forth proposed amendments to the Zoning Ordinance. The B-1 District ties back to the Sign Code relative to sidewalk sales which would allow the outside display of merchandise for two separate periods not to exceed 10 days, although propane would be explicitly prohibited. Outdoor seating for restaurants would be Buffalo Grove Plan Comm-Public Hearing-October 8, 1997-Page 1 allowed, which actually acknowledges what is occurring under the current ordinance. Mr. Pfeil stated that language was added to the B-2 and B-3 Districts stating: "a product or a group of similar products may be displayed outside for immediate sale for a maximum of thirty days during each quarter of one calendar year. Any outside display done as part of a sale or business event as allowed by the Village Sign Code shall be included in said thirty day period." He further noted propane would again be explicitly prohibited except at motor fueling stations. Mr. Pfeil noted that Mr. Schar of the Building and Zoning Department indicated that some tie to a consecutive 30 day period should be considered as a way to control the number of separate display events within a 30 day period. Mr. Pfeil noted that the B-4 District would allow businesses to have propane in cabinets outside of their buildings. This would be the only district where it would generally be allowed for uses in addition to fueling stations. Mr. Pfeil stated the B-5 District already allows outdoor seating for restaurants with the additional language making it more consistent with the B-1 District. Sidewalk sales are allowed for two separate periods for 10 consecutive days but other outside displays are not allowed. Commissioner Krug asked if other types of compressed fuels would be prohibited as well as propane gas. Mr. Pfeil stated the intent of the ordinance is to have no compressed fuels displayed outside. Commissioner Samuels noted previous concerns had centered around the term seasonal displays which does not appear anywhere in the recommended language and asked if this had been disposed of. Mr. Pfeil noted the word seasonal does not appear in the current zoning ordinance. The term has been used in discussion of outside display because a lot of merchandise is in fact seasonal, such as produce and plants displayed outside of supermarkets. Commissioner Samuels noted that in order to reinforce the temporary nature of outdoor displays, it may be necessary to have an attendant handle the outside sales. Commissioner Krug noted there are some products which can be displayed outside year round which would be eliminated under the recommended changes including the B-4 District. Mr. Pfeil noted that the B-4 District now allows outside storage of building materials and motor vehicles, but it does not have any language allowing the outside display of merchandise for an indefinite period. Commissioner Krug noted he thought this was allowed in the B-4 District. Buffalo Grove Plan Comm-Public Hearing-October 8, 1997-Page 2 Mr. Pfeil commented that the practice has been to allow outside display of merchandise in the B-4 District, but some of the items are not building materials or motor vehicles. Commissioner Samuels noted the B-4 was clearly intended to handle the concept of both an automobile dealership and a lumberyard where outside storage of large bulky building materials Ili would be a necessity. Commissioner Berman stated he thought the concept is to allow the merchants to compete in the market place and provide an environment that while not promoting disarray in front of their stores, allows them to do the things necessary to stay in business. He noted it would not be a good idea to restrict these businesses from promoting some products in outdoor displays as they have been doing for quite some time. In addition,the cost of staffing a point of sale area, is a serious deterrent for most businesses. Commissioner Berman further noted that previous discussions noted a difference between a bulk or promotional display in front of businesses and a seasonal type of sidewalk sale. He stated he does not know why these need to be stopped. Chairman Goldspiel noted the consensus of the Commission was not to require outside attendants at points of sale. Commissioner Berman asked if the desire is to place the same restrictions on the B-4 District as the other districts. It seems there is only one shopping center that is under the B-4 District in the Village whose long standing practice has been to do temporary outdoor displays without any negative effects. Mr. Pfeil stated the intent is to clarify the ordinance and have all businesses treated similarly. Commissioner Krug suggested leaving out the language relative to outside display of products for a maximum of thirty days. This would allow B-4 businesses to continue their outside displays which in many cases are necessary. Commissioner Samuels recommended the rezoning of Grove Court from B-4 to B-3 since it performs in the same way. This would ensure a level playing field for all similar businesses. Grove Court seems to have a zoning that is at a lower level than what it is functioning at. Commissioner Krug stated noted the B-4 zoning was established specifically for the main merchant because of the material he now stores outside. It would not be fair to take away the zoning now. Commissioner Trilling noted that if a merchant happens to be the only one with B-4 zoning, then that is just the way it is. Buffalo Grove Plan Comm-Public Hearing-October 8, 1997-Page 3 Commissioner Berman also noted there is nothing that prevents a merchant from coming in and asking for B-4 zoning and then it is up to the Commission to determine if this is in the best interests of both the Village and the merchant. Commissioner Moons noted that revisions should be made to the proposed amendments to provide more clarity of what is allowed and to make it clear what exceptions are allowed. Commissioner Viehman asked what may be created when a B-5 merchants comes in and requests B-3 privileges within that B-5 zone. Chairman Goldspiel noted Commissioner Viehman is referringto current situation involvingthe P request to change the B-5 District to allow a supermarket. Commissioner Krug noted that in order to put the grocery store into the B-5 District it will be necessary to amend the district regulations as well as the PUD agreement. At that time, if the merchant wants to have any kind of outdoor displays, they will have to bring the matter up to the Commission. Chairman Goldspiel asked where the Village is at on propane sales in each district if the recommended changes are adopted. Mr. Pfeil noted propane sales would not be allowed under B-1. B-2 and B-3 would allow propane sales at fueling stations. B-4 would allow outside display and sale of propane at any business assuming that properly secured cabinets were used. Chairman Goldspiel asked if the recommended 30 day allowance for a display is meant for only one product or group of products or can someone exhibit one product for 30 days and then another product for a different 30 days. Mr. Pfeil stated the intent is that one 30 day period would allow display of a product or similar group of products. The next 30-day period could be used for a completely different product. The most you would see outside of a retail store in the first quarter of a calendar year would be a 30 day display. In a calendar year a merchant would have a total of 120 days to display items outside. Chairman Goldspiel noted that the language therefore needs rewording as the way it reads now it is susceptible to interpretation that would allow one group of products for 30 days and another group for another 30 days and so on. Commissioner Samuels further noted the proposed language notes it is a period of up to 30 days continuously that is being recommended and not 30 days any way a merchant may want to use it. This language also needs to be tightened. Buffalo Grove Plan Comm-Public Hearing-October 8, 1997-Page 4 Chairman Goldspiel asked if there is any intention of any kind of controls over the appearance of the items on display outside. Mr. Pfeil stated the Village would exert influence over merchants. However, this kind of question often becomes a matter of working with merchants and using enforcement if necessary. Chairman Goldspiel asked what exactly would the conditions be if the proposed recommendations are adopted and what change would these proposals really bring. Mr. Pfeil noted there would be no propane in front of retail stores and you would not see stacked cartons of items in front of service stations all year round. There would only be 30-day periods of items displayed outdoors. Overall, there would be less outside display than what is happening now. Chairman Goldspiel noted that many leases in shopping centers often control these issues more rigidly than anything the Village is trying to do. He asked where the displays would be located on the property. Mr. Pfeil stated the staff's interpretation and practice is to keep items out of parking lots to preserve safe traffic circulation, adequate parking and safe movement of pedestrians to and from the store. If the language needs to be clearer, a statement prohibiting displayed in parking lots could be added. Commissioner Samuels asked if carte blanche is being given to the B-4 District to store anything they please outside anytime they wish which is what it sounds like. This enables any of the other merchants in that B-4 shopping strip to display anything they want,whereas the intent in the B-4 was for outside storage for automobile and building materials. Mr. Pfeil stated noted the text was drafted to mean the B-4 would have the right to sell propane or compressed liquefied gas but otherwise the B-4 District would have the same restrictions as B-2 and B-3. Commissioner Krug mentioned that perhaps the deletion of a product or group of products was in order. The language as drafted meant to bring B-4 merchants in line with B-2 and B-3. Chairman Goldspiel noted he understood the discussion to be that the ordinance would not affect positively or negatively what can presently be done with B-4, except for propane and that we are not addressing whether certain practices that currently exist in B-4 are or are not in compliance with the ordinance. He asked if there is difference between things left out 24 hours per day for the 30 days and things put out in the morning and taken in at evening. Mr. Pfeil stated the business practice of moving in and out is all within the 30 day period and can be handled at the discretion of the merchant. Buffalo Grove Plan Comm-Public Hearing-October 8, 1997-Page 5 Commissioner Krug asked Mr. Zimmerman if the 30 day period per quarter would affect his business. Mr. Zimmerman stated the proposed changes would definitelyaffect his operation. He noted he P P P originally bought the property upon the suggestion of Mr. Armstrong because of the B-4 zoning and the flexibility it would give them. He noted they have always run a good operation and will continue to do so and will certainly do even more to keep the premises outside cleanly. Commissioner Trilling stated he has never seen any instances in the Village that he finds overly li objectionable and to do anything to impede Mr. Zimmerman's business by changing the zoning is not something he is comfortable with at this time. He noted he felt it would be best to leave the one B-4 District alone and change nothing. Commissioner Moons stated he feels Zimmerman's hardware store does fall within the building materials parameters. Commissioner Ottenheimer echoed the sentiments of Commissioner Trilling, noting he finds nothing objectionable about Zimmerman's business practices which should remain as they are. Commissioner Samuels stated it is unfortunate but Mr. Zimmerman is basically in violation of the ordinance now which is and always has been an enforcement issue. He noted the B-4 District was clearly intended for storage of the type of things in a lumberyard. The B-4 district was intended to handle those types of large items and storing them on a permanent basis outside. It is basically wrong to read in the types of items carried by Zimmerman as constituting building materials. He further noted he is not suggesting enforcement at this time as he basically agrees that the current practice is not creating problems. Commissioner Howard noted she agrees with Commissioner Trilling. Commissioner Berman stated the one substantive change which has been added to the draft is the 30 days within a quarter. If that sentence is stricken,the status quo as to outdoor displays in B-4 is not changed. It then become strictly an enforcement issue concerning what types of items are being displayed. By changing the language and putting in the 30 day limitation in the B-4 District, another issue is created unnecessarily. The additional changes which relate to restaurants and propane are not a problem. Chairman Goldspiel stated it appears that the intent of the proposed language was to clarify and expand the seasonal display more than an intent to limit other things. Commissioner Viehman stated it appears the verbiage to be added in the B-4 District will add another regulatory issue if a 30 day limitation is included. He noted he is not comfortable in adding regulations that create new enforcement issues. Buffalo Grove Plan Comm-Public Hearing-October 8, 1997-Page 6 Chairman Goldspiel stated the Commission was asked to look at the issue of propane which now seems to have been addressed fully. The other issue was that the temporary display language was confusing and the Commission was asked to try to come up with something that was more understandable or clearer. Mr. Zimmerman stated they have owned the property since 1976. He noted they were notified of their B-4 zoning and further stated they designed their building with intentions of outside storage as noted by the oversized overhang and sidewalk space. They realized almost immediately they were short of space inside the store. They spoke to Village staff and were informed that if they kept a temporary type of display area they would be in compliance. Things have changed over the 20 year period and other products have been added outside. He noted the lawnmowers and rental items are not something he is pleased with and it is his intention to remove same. However, the outside storage is still something critical for his business as they need the space in order to compete with the large volume merchants. He further noted the outside storage is somewhat of a limited and seasonal pace. The 30 day limitation would be very difficult to deal with and would be a burden on the business. Commissioner Berman stated it may resolve the problem by providing for a Special Use in the B-4 District for longer periods of time than the proposed 30 days in a quarter upon showing good cause. That would allow the Village to deal with each situation individually in the B-4 District and at least allow what has taken place to continue to take place. Commissioner Krug suggested the granting of a variance might be a solution to the problem. If this would be possible, then the 30 day language would be fine. He asked if there is a difference between items stored outside and items stored outside with a price tag attached. He asked if by putting a sign on the items, it then becomes an outdoor sale. He asked if the merchant is prohibited from putting a price tag on the stored items. Chairman Goldspiel noted he knows of nothing that would prevent a sign being put out,however, the sale would take place at the cash register. Commissioner Samuels noted outdoor storage is indefinite and already exists under B-4. Once you display anything outdoors for seasonal sales,the 30 day restriction comes into play. Commissioner Berman noted the distinction between storage and display for sale is somewhat meaningless. Commissioner Samuels noted the distinction for zoning purposes is whether or not it is a building material. B-4 gives an exemption only for building materials. Mr. Raysa stated storage of building materials is obviously open for interpretation. Indeed storage can also be considered display for sale. He noted that the display of merchandise that is not building materials at Zimmerman's is not consistent with the language of the B-4 regulations, Buffalo Grove Plan Comm-Public Hearing-October 8, 1997-Page 7 and this issue should be addressed. A special use would be one approach. As far as the 30 day issue goes, only one product or similar product could be displayed for 30 consecutive days in any calendar quarter. As an example, the Speedway could only display Coke or another drink for 30 days consecutively and then motor oil or some other item in another 30 day period. Chairman Goldspiel noted the Commission was asked to try to make sure that outdoor displays are temporary and not permanent. The suggestion in the draft relative to the 30 days is a way of ensuring that display is temporary. Commissioner Trilling noted some merchants may only need 30 days, but if the period they need to display merchandise falls at the end of a quarter,they may not be able to use a full 30-day period. Allowing merchants to run periods together consecutively could be a way to address this situation. Chairman Goldspiel noted the solution would be to use the term 3 month period instead of the term quarter. Commissioner Viehman stated it does not really matter if a merchant runs back to back periods if that will be beneficial to that merchant. The merchant is given options with some controls to eliminate continuous merchandising which apparently was probably one of the issues originally raised. Commissioner Moons noted some concern with Mr. Raysa's reference to similar products. He stated he would not favor any kinds of restrictions on the products themselves. Certain products are similar based on the vendor. Therefore, he would favor just leaving out the similar part of products. Mr. Raysa noted that if one of the purposes for this discussion is aesthetics then allowing any kind of products to be displayed versus only one product would change the issue. Chairman Goldspiel noted that without any quantitative control, there is the danger of running into a sort of outdoor flea market kind of arrangement. Commissioner Samuels noted that denoting products similar in nature is really the reintroduction of the seasonal concept. Commissioner Krug noted the issue of similar products is very subjective. Commissioner Berman noted that at some point we would have to rely on staff to make judgments. Therefore, he is not troubled by the use of the words similar products. Commissioner Samuels noted Table 2 is confusing the issue. He noted there is nothing in the Sign Code which allows outdoor display of merchandise. Therefore putting in the ten day Buffalo Grove Plan Comm-Public Hearing-October 8, 1997-Page 8 distinguishing feature of the Sign Code to be inclusive within the 30 day period is just not necessary. Mr. Raysa stated he has been told that Building and Zoning interprets the Sign Code as authorizing outside sidewalk sales which is why it has been included here. He further stated several items must be addressed relative to the proposed draft which includes any reference to the Sign Code such as"...Any outside display done as part of a sale or business event as allowed by the Village Sign Code shall be included in said thirty day period." He stated the Sign code is not a zoning regulation, and this will need to be addressed. Chairman Goldspiel noted that in redrafting the ordinance it is the consensus of the Plan Commission that whatever goes on for 30 days not be a sidewalk sale. Commissioner Berman suggested concluding the public hearing and voting on the propane issue, continuing the public hearing as to the issue of outside display and sale. There being no further comments or questions from anyone else present, Chairman Goldspiel closed the public hearing at 9:30 p.m. Resp ly submi d, Fay ubin a rding Secretary APP OVED BY: S P N GOLD PIEL, airman Buffalo Grove Plan Comm-Public Hearing-October 8, 1997-Page 9 SPECIAL MEETING BUFFALO GROVE PLAN COMMISSION October 8, 1997 Zoning Ordinance, proposed amendments concerning outside storage and display of merchandise in Business Districts Chairman Goldspiel called the meeting to order at 9:30 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. Samuels Mr. Berman Mr. Trilling Mr. Ottenheimer Mr. Moons Mr. Viehman Commissioners absent: None Also present: Mr. &Mrs. George Zimmerman, True Value Hardware Mr. William Raysa, Village Attorney Mr. Robert Pfeil APPROVAL OF MINUTES Moved by Commissioner Trilling, seconded by Commissioner Howard to approve the minutes of the Special Meeting of September 10, 1997. Chairman Goldspiel asked for a correction to paragraph 4 on page 4 to reflect that ordinances have been adopted since the Levitt Strathmore subdivision which require houses to be similarly sized and in that regard the current ordinance has created monotony and for purposes of having a good mix of homes, it might be a good idea to look at the monotony ordinance. All Commissioners were in favor of the amended motion and the motion passed unanimously with Commissioners Samuels and Ottenheimer abstaining. COMMITTEE AND LIAISON REPORTS Commissioner Krug attended the Village Board meeting of October 6, 1997 stating Shell Oil will petition for annexation to the Village. He further noted the Buffalo Grove Park District wellness center in conjunction with the Northwest Community Hospital has been referred to the Plan Buffalo Grove Plan Comm-Special Meeting-October 8, 1997-Page 1 Commission. He also stated the Buffalo Grove Community Chapel presented a revised plan for the proposed funeral home at the Covington Office Plaza, and the Board referred the new plan to the Plan Commission, subject to the petitioner withdrawing the plan previously presented to the Village for approval. He also noted there was discussion regarding the incomplete sidewalks in the Indian Creek subdivision. Commissioner Ottenheimer attended the Village Board meeting of September 22, 1997 and stated the only matter before the board that evening was the dog issue. ZONING ORDINANCE. PROPOSED AMENDMENTS CONCERNING OUTSIDE STORAGE AND DISPLAY OF MERCHANDISE IN BUSINESS DISTRICTS Moved by Commissioner Samuels, seconded by Commissioner Berman to recommend adoption of the draft ordinance as contained in Table 3 of the memo to the Plan Commission from Robert Pfeil dated October 3, 1997 as presented at the public hearing, insofar as that ordinance refers to the outside display or sale of propane in each of the B-1, B-2, B-3, B-4 and B-5 Districts only, with the recommendation that either wording be changed or that a broader definition of propane be adopted to include all compressed liquefied gases. Commissioner Krug stated the language should relate to similar language used by the Fire Department in defining propane and other gases. Mr. Raysa agreed a broader definition of propane where prohibited is appropriate. He noted that the term propane will be used in the B-4 District to indicate what is allowed to be displayed outside. However in the B-1, B-2, B-3 and B-5 Districts there will be a broader definition to indicate what is prohibited to be displayed outside. Commissioner Berman noted that both the narrow and broader definitions will need to be used in Districts B-2 and B-3. Chairman Goldspiel called for a vote on the motion and the vote was as follows: AYES: Krug, Howard, Samuels, Berman,Trilling, Ottenheimer, Moons, Viehman, Goldspiel NAYES: None ABSENT: None ABSTAIN: None The motion passed 9 to 0. Commissioner Samuels suggested the Sign Code reference be disentangled from the proposed ordinance changes. Buffalo Grove Plan Comm-Special Meeting-October 8, 1997-Page 2 Mr. Raysa noted the sub-issue is whether to allow two separate sidewalk sales in one calendar year for 10 consecutive days outside. Chairman Goldspiel stated this means it would be necessary to codify whatever the present practice is concerning sidewalk sales. The Commission agreed this was to be included. Commissioner Moons suggested retaining language using annual calendar year quarters as a mechanism for controlling the length and frequency of outside displays. There was discussion as to whether groups of items, similar items or other wordage is to be used in the proposed ordinance for outdoor display and sale of items. Commissioner Viehman stated he does not feel the Commission should be telling merchants what they can sell. The consensus of the Commission is that wordage should be used to indicate anything can be sold as long as it is within the 30 day period per quarter. Commissioner Samuels stated sidewalk sales should be limited to 3 days and should be independent of the 30 days for outdoor display and sale which is proposed for the ordinance. The consensus of the Plan Commission was to use this concept in revising the draft ordinance amendments. Chairman Goldspiel asked for some thoughts on the B-4 building material issue. Mr. Raysa noted it appeared the Plan Commission would like the B-4 District to state that B-4 will be allowed for storage and/or display of building materials. Chairman Goldspiel stated he is not comfortable with opening up the B-4 District in that way. The consensus of the Plan Commission was to consider a Special Use in the B-4 District for outside display that would exceed the 30-day limit in the draft amendments. CHAIRMAN'S REPORT-None FUTURE AGENDA SCHEDULE Mr. Pfeil noted there will be meetings on October 15, 1997 and October 22, 1997. PUBLIC COMMENTS AND QUESTIONS -None Buffalo Grove Plan Comm-Special Meeting-October 8, 1997-Page 3 STAFF REPORT -None NEW BUSINESS -None ADJOURNMENT Moved by Commissioner Moons, seconded by Commissioner Ottenheimer and carried unanimously to adjourn. Chairman Goldspiel adjourned the meeting at 10:15 p.m. Respect ly submitted, Fay ubin, ecording Secretary APPROVED BY: /V/14, EP N GOL SPIEL, air • Buffalo Grove Plan Comm-Special Meeting-October 8, 1997-Page 4