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1990-03-21 - Plan Commission - Minutes PUBLIC HEARING BUFFALO GROVE PLAN COMMISSION Checker Square Shopping Center March 21, 1990 Chairman Sheldon called the Public Hearing to order at 7:30 P.M. in the Municipal Building, 50 Raupp Boulevard, Buffalo Grove, Illinois. Commissioners Present: Chairman Sheldon Mr. Goldspiel Mr. Krug Ms. Howard Mr. Braiman Mr. Rubin Mr. Rosenston Mr. Charlette Commissioners Absent: Mr. Rhodes Also Present: Mr. Lawrence Freedman, Attorney Mr. Gold Mr. William Raysa, Village Attorney Mr. Richard Kuenkler, Village Engineer Mr. Robert Pfeil, Village Planner Chairman Sheldon read the Notice of Public Hearing as published in the Buffalo Grove Herald, explained the format of the meeting and swore in Messrs. Gold and Freedman. Exhibits presented at the meeting were the Preliminary Plan, Exhibit A, the Landscaping Plan, Exhibit B, and the Site Utility Plan, Exhibit E. Mr. Freedman explained that following denial of a plan presented last year, a committee of staff and Plan Commission representatives met to resolve issues pertaining to landscaping, height and elevations. Additionally, Tracy Cross, a marketing expert, was hired to present a study regarding marketability of the proposed development. Meetings were also held with interested residents in the neighborhood to address issues of screening, with respect to the nature of the proposed berming and landscaping, and concerns relating to connecting their fences to close off the area. As a result of these meetings, Mr. Freedman stated it is proposed that the existing fence on the property be relocated and the landscaping be placed on the homeowners' side of the fence, thereby screening the fence from them. It was proposed easements would be granted to the homeowners for the strip of property located on their side of the fence because they would be required to Buffalo Grove Plan Commission - Public Hearing - March 21, 1990 - Page 1 maintain the landscaping, and also allowing them the right to place perpendicular fences to join up the fence along the back of the property. Mr. Freedman explained the proposed easements were discussed with Mr. Raysa as well as an alternative now proposed to deed the strip of property to the respective homeowners in light of the fact that the developer would not have access to that property. This would require the requested variations for setbacks. It was determined, however, that because the purpose of such variations was to invest the homeowners with title to the property they would be required to maintain and nothing on the site plan would physically change as a result, this was a reasonable basis for such variations. Mr. Freedman added that they would be installing the landscaping on the homeowners' side of the fence and would provide and enforce for the homeowners' benefit standard contractors guarantees regarding the landscaping. Mr. Gold reviewed the changes to the plan made as a result of previous workshops, including the increase in the width of the driveway at Buffalo Grove Road to create a right-in and right-out area, and the enlargement of the driveway along Checker Road. Also, Mr. Gold noted four parking stalls at the rear of the center have been removed. Mr. Gold indicated the fence in the rear ill of the property was moved 18i ft. to the east and south to bring it to the top of the berm with all shrubs and trees planted on the homeowners' side of the fence. Mr. Gold explained that although the relocation of the fence changes their rear yard to 36i ft. , their buildings still remain the same distance from the homeowners. Mr. Gold stated that any utilities other than public utilities have been moved inside of the fence line so no storm or sanitary lines would be located on the homeowners side of the fence. Mr. Gold reviewed the building elevations stating that they have reduced the height of the buildings in the front so that the majority has a height of 17i ft. Other small sections where there are hip roofs rise to 20 ft. , the maximum height at any point, consisting of about 20% of the overall length of the property. In the rear of the building along the north and west property lines, the height will be 13 ft. All mechanical units will be screened with a metal standing seam roof of material similar to the overhanging canopies in the hip roof areas on the front. Mr. Gold noted they have introduced in the front a variety of fixed awnings, overhanging canopies and hip roof portico areas to give variety and a street-type look. Commissioner Rubin commented that he had always had concerns about the approved B-3 use for the property as a strip center, and also noted that the marketing report from Tracy Cross had predicated conclusions on the fact that Town Center be considered a regional center, to which it has failed to establish itself. Commissioner Rubin also commented that although they have dressed up the look of the center, he had hoped to see something more creative presented to get Buffalo Grove Plan Commission - Public Hearing - March 21, 1990 - Page 2 awayfrom the L-shaped center concept, citingthe Crossings as an example. He P P � g P stated he is not comfortable with the physical layout of the center. He noted the improvements in the buffering to the residential are excellent. Commissioner Rubin expressed concern regarding the outlots and not knowing what uses will be made of them, noting as example disapproval of certain uses such as a video store or yogurt store. He noted that with the senior citizen housing coming in across the street, certain uses could make the center viable. Mr. Freedman indicated they had and are willing to make the commitment to come back for Plan Commission and Trustee approval for any use of the outlots. Commissioner Howard also expressed concern with respect to outlots as they increase congestion in a center, and suggested consideration be given to removing one of the outlots. Commissioner Howard indicated a third lane on Checker should be shown on the plans. Discussion followed with Mr. Pfeil and Mr. Kuenkler regarding studies being made by the Lake County Director of Transportation, and Mr. Gold and Mr. Freedman indicated they were agreeable to making it a condition that it be shown on the plan. Commissioner Howard then asked about the construction of the fence on the edge of the berm which was briefly discussed and explained. Commissioner Charlette asked what materials would be used in creating the berm to keep it in place. Mr. Gold explained that they are attempting to keep the slope to a maximum of 2.6 to 1 so it won't be too steep, but that there are various techniques to establish the berm. The shrubbery and other plantings would be made on flats so there would be no concern with those. Commissioner Goldspiel questioned the design of the driveways on Buffalo Grove Road and Checker Road stating the wider entrance on Buffalo Grove Road would encourage people to go in the wrong way and evade the porkchop. It was suggested one-in and one-out would be preferable and Mr. Gold stated he could build an island between the two drives and spread them out. Commissioner Braiman noted the need to provide sufficient room for semi-trucks to be able to make a hard right into the drive. Commissioner Goldspiel commented on the trend to providing additional commercial footage in outlots rather than it being added to the primary development. Mr. Gold explained that it is a trend in the marketplace that many businesses desire a freestanding building to preserve their individual identity. In response to a question from Commissioner Goldspiel, Mr. Gold noted that the types of businesses expressing interest in freestanding outlot buildings are eye care centers, furriers and a gourmet food operation. Commissioner Goldspiel asked who would control the architecture of any outlot use, and Mr. Gold indicated the management of the center would control that and would want it compatible to the design of the center. Commissioner Goldspiel stated special attention would have to be given to landscaping in front of the outlots. Buffalo Grove Plan Commission - Public Hearing - March 21, 1990 - Page 3 Commissioner Goldspiel asked for further explanation regarding the reason to convey ownership of the 18i ft. buffer strip to residents as opposed to granting easements. Mr. Freedman stated it does not make sense to continue to maintain ownership on property they will not be able to get to, use or maintain, and by granting ownership to the residents they would be free to do what they wish with regard to changing or replacing the landscaping. Additionally, Mr. Freedman stated it is preferable to the homeowner when selling to have his property run to the fence rather than explain an easement. Commissioner Goldspiel commented that the stated reasons do not establish a hardship because it is self-created, and therefore do not really provide justification for granting a variation. With respect to hardship, Mr. Freedman noted that it would be difficult for them to insure the area if they had no access to it or control of it, and it would be difficult for the homeowners to insure it if they do not have ownership. Commissioner Goldspiel indicated he does not see any reason to move the fence or have a fence if the plantings provide a sufficient visual screen. Mr. Freedman explained the residents' desire for the fence was for security as people will walk through planted materials. Commissioner Goldspiel noted that the purpose of the Zoning Ordinance is to separate uses and if the homeowners are granted an additional 18i ft. they then have the potential to expand their living area that much closer to the commercial development. Commissioner Krug indicated that although they have maintained the L-shaped concept, they have done a good job in providing variety. He also stated his objection to the outlots. Commissioner Rosenston asked if there were presently any clients for the outlots. Mr. Gold stated they have not yet begun to market the outlots. In response to another question from Commissioner Rosenston, Mr. Gold further stated they will landscape the outlots before they are leased. Commissioner Rosenston stated that if the berm was moved back to the property line and raised up, it would put a slope into the homeowners' back yards and he is therefore in favor of moving the fence out and deeding the property over. Commissioner Braiman asked Mr. Raysa to explain his reasons for deeding the property to the residents rather than granting easements. Mr. Raysa stated it is an unusual circumstance and the homeowners with deed simple would have more rights in the property than with an easement, and there is no need for an easement if it is not going to be used. Brief discussion followed regarding what public utilities easements might already fall in this property area. Commissioner Braiman confirmed that the Village would not have any need or preference to work with one owner over another. Buffalo Grove Plan Commission - Public Hearing - March 21, 1990 - Page 4 Commissioner Goldspiel asked about concerns that had been expressed by residents concerning flooding and whether in deeding over, responsibility for any flooding would then move to the residents. Mr. Kuenkler explained that the problems with flooding related to the grading of the swail and the Village already has access to the 16-ft. utility easement within which the drainage swail is located, so no responsibilities in that regard would be affected. Commissioner Braiman indicated he has no problem with the concept of the outlots if they come in for review prior to their development, but he does feel there could have been more creative treatment given to the design of the commercial center. In response to a question from Chairman Sheldon, Mr. Gold described the type of brick to be used on the center as face brick in an earth tone compatible with what is used at Town Center. Commissioner Charlette expressed further concern about semi-trucks turning into the center and cars stacking while a truck attempts to turn. Mr. Gold explained they will have semi-trucks come in the service drive around the back of the center which will be posted as one-way. Discussion followed regarding the possibility and effects of residents being able to build further into their yards and thereby closer to the commercial if additional land was granted. Mr. Steve Raines, 301 Vintage, stated he believes it is not a reasonable concern because the bermed area and landscape buffer takes up a major portion of this additional land and therefore any expansion is not likely as it would use up most of any yard. Mr. Simon Edelstein, 303 Vintage, indicated that in meetings of the residents discussing alternatives concerning the property, they feel it is preferable to have title to that and they do not have concerns now about being too close to the development because of the buffer provided. Commissioner Rosenston asked who would be responsible for extension of the homeowners' fences once the commercial property fence is moved back 18i ft. Chairman Sheldon noted that in workshop sessions the residents had indicated that if the developer provides the landscaping and a fence, they would be willing to do whatever else was necessary as a result of the movement of the fence, including extending their fences to tie into that new location. Mr. Gold confirmed that they would be responsible for maintaining the fence and will be moving some existing portions and replacing those in poor shape. One resident present expressed concern regarding dirt left from establishment of the berm, and Mr. Freedman explained they would guarantee establishment of the berm and enforce landscaping contract guarantees to the homeowners. Another resident asked if there would be any limitations on the types of businesses allowed with concern in regard to hours of operation. Mr. Pfeil reviewed the types of special uses that would have to come in for special Buffalo Grove Plan Commission - Public Hearing - March 21, 1990 - Page 5 review. Mr. Edelstein asked if restrictions could be made on operating hours or hours for truck traffic and unloading. Commissioner Goldspiel noted it presents a problem to establishing the center's viability if too many restrictions are imposed. Mr. Raysa clarified the ordinance relating to hours of operation for commercial abutting residential. Commissioner Goldspiel asked if the movement of the property line would affect application of that ordinance, which it would not. There being no further comments, Chairman Sheldon closed the hearing at 9:05 P.M. Respectfully Submitted, R0 EMARY ALLEN ecording Secretary APPROVED BY: Cc, BARBARA SHELDON, Chairman Buffalo Grove Plan Commission - Public Hearing - March 21, 1990 - Page 6 REGULAR MEETING BUFFALO GROVE PLAN COMMISSION Checker Square Shopping Center Zoning Ordinance Amendment - Building Connectors Landis and Gyr Powers l Cherbourg Unit 2, No. 57 v March 21, 1990 Chairman Sheldon called the Regular Meeting to order at 9:06 P.M. in the Municipal Building, 50 Raupp Boulevard, Buffalo Grove, Illinois. Commissioners Present: Chairman Sheldon Mr. Goldspiel Mr. Krug Ms. Howard Mr. Braiman Mr. Rubin Mr. Rosenston Mr. Charlette Commissioners Absent: Mr. Rhodes Also Present: Mr. Lawrence Freedman, Attorney Mr. Gold Mr. Mark Christensen, Developer for Landis and Gyr Mr. William Raysa, Village Attorney Mr. Richard Kuenkler, Village Engineer Mr. Robert Pfeil, Village Planner APPROVAL OF MINUTES Moved by Commissioner Rosenston and seconded by Commissioner Howard to approve the minutes of the Special Meeting of January 31, 1990, subject to correction of typographical errors. The motion passed unanimously. Moved by Commissioner Rubin and seconded by Commissioner Charlette to approve the minutes of the Public Hearing and Regular Meeting of February 7, 1990. The motion passed unanimously, with Commissioners Goldspiel, Krug and Rosenston abstaining. Li COMMITTEE AND LIAISON REPORTS Commissioner Goldspiel noted there will be a meeting on April 5, 1990 at the Wheeling Village Hall of the Wisconsin Central Task Force responsible for considering bringing commuter service to the Wisconsin Central Line to discuss station sites. Buffalo Grove Plan Commission - Regular Meeting - March 21, 1990 - Page 1 Commissioner Krug attended the Village Board meeting of March 19, 1990, at which the following were discussed: 1) Plan Commission consideration of increased density on the Carlyle site; and 2) A signal on Buffalo Grove Road for the entrance to the Arlington Club development and one for Cambridge on the Lake. Trustee Marienthal waspresent and explained Board discussion regarding the P g g Carlyle development. Brief discussion followed. CHECKER SQUARE SHOPPING CENTER Chairman Sheldon called for a poll of those in favor of deeding the additional 18i ft. in fee simple to the residents. The vote was as follows: AYES: Krug, Howard, Rubin, Rosenston, Charlette NAYES: Goldspiel, Braiman ABSENT: Rhodes Moved by Commissioner Rubin, seconded by Commissioner Goldspiel, to recommend to the Village Board approval of the Preliminary Plan in the B-3 (Planned Business Center) District for the 6.4-acre tract at the northwest corner of Buffalo Grove Road and Checker Road, commonly referred to as the Checker Square Shopping Center, with the following variation: ZONING ORDINANCE - Section 17.44.040.D.3 (to allow a building setback of 36.5 ft. , instead of 55 ft. as required, from a residential property line) , subject to: 1) The third lane going in on Checker Drive as depicted on the exhibits other than for the three lanes; 2) The driveway on Buffalo Grove Road be narrowed to one lane in each direction and designed in accordance with conversations with Village staff; 3) The shopping center owner causing all landscaping contractor guarantees to transfer to the benefit of the property owners, such guarantees to last for a period of at least one year; and 4) All outlots, regardless of whether special use or not, coming before the Plan Commission for review and approval. In discussion, Commissioner Krug asked about the location and number of dumpsters. Mr. Gold explained they will be recessed into the wall of the building lines and there will be three main dumpsters in centralized areas to be used by all occupants. Commissioner Rubin noted that any landscaping guarantees are subject as well to certain maintenance by the property owners. Commissioner Krug then asked if the residents would have the same exemption as developers to watering restrictions in the event of drought. Buffalo Grove Plan Commission - Regular Meeting - March 21, 1990 - Page 2 The motion failed 3 to 4, with the following vote: AYES: Krug, Rosenston, Charlette NAYES: Goldspiel, Howard, Braiman, Rubin ABSENT: Rhodes Commissioner Goldspiel stated his vote was not against the layout of the plan but based on his feeling that the criteria for a special use had not been met and the reduction of the distance between the residential and commercial would be undesirable. Commissioner Howard indicated she does not approve of the outlots. Commissioner Braiman stated he feels they have an obligation to comply with the statutes and a variation is not, therefore, warranted, and additionally they have failed to respond to requests to develop a creative design for the center. Commissioner Rubin concurred. Commissioner Charlette states his vote is based on the favorable response by the residents. Moved by Commissioner Rubin, seconded by Commissioner Goldspiel to recommend to the Village Board approval of the Preliminary Plan in the B-3 (Planned Business Center) District for the 6.4-acre tract on the northwest corner of Buffalo Grove Road and Checker Road, commonly referred to as the Checker Square Shopping Center, subject to the following: 1) The third lane going in on Checker Drive as depicted on the exhibits other than for the three lanes; 2) The driveway on Buffalo Grove Road be designed for one lane in each direction and be designed in accordance with conversations with Village staff; 3) The shopping center owner causing all landscaping contractor guarantees to transfer to the benefit of the property owners, such guarantees to last for a period of at least one year; and 4) All outlots, regardless of whether a special use or not, coming before the Plan Commission for review and approval. In discussion, it was clarified that title would not be conveyed to the homeowners but would be treated as a perpetual easement to be maintained by the residents, which Mr. Edelstein indicated would be acceptable to the residents. Commissioner Goldspiel indicated he would prefer the fence be removed from the top of the berm, but would not predicate his vote on that requirement. Commissioner Rosenston expressed concern with establishing restrictions without knowing insurance limitations and liabilities on the issue of an easement as opposed to deeded land. The motion failed 3 to 4, with the following vote: AYES: Goldspiel, Krug, Charlette NAYES: Howard, Braiman, Rubin, Rosenston ABSENT: Rhodes Moved by Commissioner Rubin, seconded by Commissioner Braiman, to reconsider the original motion granting the requested variation to the Zoning Ordinance and thereby allowing deeding of the 18i ft. to the residents. Buffalo Grove Plan Commission - Regular Meeting - March 21, 1990 - Page 3 Commissioner Rubin stated his reason for reconsideration is that he feels because the center is zoned commercial, it should be developed and because the reason the first motion did not pass was based on the issue of deeding over the property vs. granting an easement, this should not stand in the way of development. The motion passed 5 to 2, with the following vote: AYES: Krug, Howard, Rubin, Rosenston, Charlette NAYES: Goldspiel, Braiman ABSENT: Rhodes PROPOSED ZONING ORDINANCE AMENDMENT - BUILDING CONNECTORS Mr. Pfeil stated that the only comments from staff regarding the proposed amendment were made by the Director of Building and Zoning that reference to the connector being elevated was too restrictive and should be eliminated or replaced with language allowing placement below grade, at grade or above grade. Mr. Pfeil also stated the Fire Department has no problem with the concept as long as clearances are acceptable. Commissioner Braiman asked about the ability to include indication for location above, at or below grade as a condition on a special use. Commissioner Goldspiel asked what building codes were applicable to such connectors to ensure that they are safe. Mr. Pfeil explained any review or approval by the Plan Commission would be subject to meeting all applicable building, zoning and fire requirements and code review. Chairman Sheldon asked if existing one-story buildings could now be connected by walkways. Commissioner Goldspiel indicated a ground level connector could create a long continuous building. Commissioner Krug suggested it would be necessary to provide a definition of the term "building connector" in the zoning code. Commissioner Goldspiel stated it would be necessary to find a way to restrict the use to passageway purposes only. Mr. Raysa said restrictions could be imposed in the establishment of a special use. Commissioner Goldspiel indicated he feels it is imperative to have a statement of the intent or purpose for such connectors. In discussing the need for a definition of the term, it was suggested it be referred to as a passageway. Commissioner Goldspiel suggested it be indicated as intended to preserve a visual separation between buildings either by elevation, by subway or by architectural treatments. Brief discussion followed regarding such connectors in other cities or villages. Buffalo Grove Plan Commission - Regular Meeting - March 21, 1990 - Page 4 LANDIS AND GYR POWERS, 900 and 1000 Deerfield Parkway Mr. Freedman explained that in this circumstance there are two buildings with common users but different ownerships and due to many circumstances there is no way to combine ownership. In the event of common ownership, they could establish one piece of property with no lot lines and therefore no setback requirements, but not in this instance. He stated in discussion with staff it was suggested a special use would be the most appropriate means for imposing whatever criteria was deemed necessary. Mr. Freedman indicated that because they have time constraints, they are requesting the Plan Commission amend their zoning text to establish a building connector as a special use and then consider that special use for this petitioner. Mr. Mark Christensen explained that Landis and Gyr is currently the tenant of a 190,000 sq. ft. building. Their business has expanded and they have entered into a lease in the building next door and desire a special passage for their employees between the buildings to connect the second floors of both buildings. He stated the purpose was strictly for pedestrian traffic between the buildings. Commissioner Rubin expressed concern regarding subsequent owners or tenants who may not want this connection. Mr. Christensen stated at any future time the structure could be taken down or access cut off. Commissioner Goldspiel asked if the structure is pre-fabricated. Mr. Christensen stated it is precast concrete with precast panels and a dome of a standard design like that used at the Rosemont Expo Center. Commissioner Goldspiel inquired about security. Mr. Christensen indicated Landis and Gyr would be totally responsible for security and would be using a closed-circuit TV system. He stated there would be no access to the walkway itself other than through the buildings. In response to comments from Commissioner Goldspiel, Mr. Christensen indicated that in meetings with staff it was determined that the structure as it is now designed does meet Village codes. Discussion followed with Mr. Raysa regarding the manner in which to proceed for review without an existing ordinance to cover any approval. It was suggested both this review and any related text amendments remain on the same agenda together so that review and approval could be expedited. CHERBOURG UNIT 2, NO. 57, Plat of Resubdivision Moved by Commissioner Goldspiel, seconded by Commissioner Rosenston, to recommend to the Village Board approval of the Plat of Subdivision for Cherbourg Unit 2, Resubdivision No. 57, dated 3/14/90. Buffalo Grove Plan Commission - Regular Meeting - March 21, 1990 - Page 5 Commissioner Goldspiel asked if staff had reviewed the plan for conformity with the approved plan and technical accuracy. Mr. Pfeil advised the Village Engineer had reviewed the plat and found it to comply with the Preliminary Plan and recommends approval. All Commissioners were in favor, and the motion passed unanimously. CHAIRMAN'S REPORT - None FUTURE AGENDA SCHEDULE - None PUBLIC COMMENTS AND QUESTIONS - None STAFF REPORT - None ADJOURNMENT Moved by Commissioner Rosenston, seconded by Commissioner Goldspiel, and unanimously carried, to adjourn the meeting. Chairman Sheldon adjourned the meeting at 10:39 P.M. Respectfully Submitted, r ROSEMARY ALLE 7Recording Secretary APPROVED BY: BARBARA SHELDON, Chairman Buffalo Grove Plan Commission - Regular Meeting - March 21, 1990 - Page 6