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2024-10-21 - Ordinance 2024-0102 - APPROVING A SPECIAL USE FOR 909 ASBURY DRIVE 1 �� i_ ORDINANCE 2024-0102 BUFFALSJ AN ORDINANCE APPROVING A SPECIAL V� USE FOR 909 ASBURY DRIVE �� RIVIAN AUTOMOTIVE, LLC 909 ASBURY DRIVE WHEREAS the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; and WHEREAS the real property ("Property") is commonly known as 909 Asbury Drive, Buffalo Grove, IL, located in the I: Industrial District and is hereinafter legally described in Exhibit A; and WHEREAS Rivian Automotive, LLC, ("Petitioner") has filed a petition for a Special Use in the Industrial District (I) to allow the sale and/or leasing of new and/or used automobiles within an enclosed structure at 909 Asbury Drive to operate an electric vehicle service and sales center; and WHEREAS the Planning & Zoning Commission held a public hearing on October l, 2024, concerning the Petition for the Special Use; and WHEREAS the Planning & Zoning Commission made findings of fact and determined that the petition meets the criteria for the Special Use as set forth in the Buffalo Grove Zoning Ordinance, and as described in the minutes attached hereto as Exhibit C; and WHEREAS the Planning & Zoning Commission voted 7-0 to recommend approval of the requested Special Use; and WHEREAS the President and Village Board of Trustees, after due and careful consideration, have concluded that the proposed Special Use is reasonable and will serve the best interest of the Village. WHEREAS, the proposed use shall be operated in accordance with and pursuant to the following exhibits: EXH I BIT A Legal Description of the Property EXHIBIT B Plan Set EXHIBIT C Draft Minutes from the October l, 2024 Planning &Zoning Commission Meeting Page 1 of 6 smart.with heart. 50 Raupp Blvd, Buffalo Grove, IL 60089 � 847-459-2500/ vbg.org NOW THEREFORE BE IT ORDAINED by the President and Board of Trustees of the Village of Buffalo Grove, Cook and Lake Counties, Illinois, as follows: SECTION 1. This Ordinance is made pursuant to and in accordance with the Village's Zoning Ordinance and the Village's Home Rule powers.The preceding whereas clauses are hereby made a part of this Ordinance. SECTION 2. The Corporate Authorities hereby adopt a proper, valid, and binding ordinance approving the Special Use for the Property at 909 Asbury Drive, Buffalo Grove, IL, subject to the following conditions: l. The Special Use is granted to Rivian Automotive, LLC to operate an electric vehicle service and sales center at 909 Asbury Drive, which shall not run with the land. 2. The Special Use granted to Rivian Automotive, LLC is assignable to subsequent petitioners seeking assignment of this special use as follows: a. Upon application of a petitioner seeking assignment of this Special Use, the Corporate Authorities, in their sole discretion, may refer said application of assignment to the appropriate commission(s) for a public hearing or may hold a public hearing at the Village Board. b. Such assignment shall be valid only upon the adoption of a proper,valid and binding ordinance by the Corporate Authorities granting said assignment, which may be granted or denied for any reason. 3. Any incidental or directional signage for the site will be reviewed and administratively approved by Village staff. SECTION 3. If any section, paragraph, clause or provision of this Ordinance shall be held invalid, the invalidity thereof shall not affect any other provision of this Ordinance. SECTION 4. This Ordinance shall be in full force and effect from and after its passage and approval and shall not be codified. AYES: 6-Johnson. Cesario. Ottenheimer. Stein. Bocek Weidenfeld NAYES: 0- None ABSENT: 0- None PASSED: October 21. 2024 APPROVED: October 21. 2024 PUBLISHED: October 22. 2024 Page 2 of 6 smart.with heart. 50 Raupp Blvd, Buffalo Grove, IL 60089 � 847-459-2500/ vbg.org ATTEST: PPROVED: . Jan., irabian,Village Clerk Eric N. Smi illage President -` : - ^` - Page 3 of 6 .�� smart.with heart. 50 Raupp Blvd, Buffalo Grove, IL 60089 � 847-459-2500/ vbg.org EXHIBIT A Le�al Description Rivian Automotive, LLC 909 Asbury Drive SUBJECT PROPERTY COMMON ADDRE55:909 Asbury Drive PARCEL 1: LOT 3 IN CORUM-RESUBDIVISION OF LOTS 9, 10, 11,12,13,14 AND 15 IN ARBOR CREEK BUSINESS CENTRE,A SUBDIVISION IN SECTION 27,TOWNSHIP 43 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, PURSUANT TO A PLAT OF SUBDIVISION RECORDED FEBRUARY 28, 1989 AS DOCUMENT 2769110, IN LAKE COUNTY, ILLINOIS. PARCEL 2: EASEMENTS APPURTENANT TO AND FOR THE BENEFIT OF PARCEL 1 AS SET FORTH IN THE DECLARATION OF PROTECTIVE COVENANTS FOR ARBOR CREEK BUSINESS CENTRE RECORDED AS DOCUMENT NO. 2577288;AS AFFECTED BY THAT CERTAIN FIRST AMENDMENT TO DECLARATION OF PROTECTIVE COVENANTS FOR ARBOR CREEK BUSINESS CENTER RECORDED AS DOCUMENT NO. 2751558. P I N: 15-27-103-007-0000 Page 4 of 6 smart.with heart. SO Raupp Blvd, Buffalo Grove, IL 60089 � 847-459-2500/ vbg.org EXHIBIT B Plan Set Rivian Automotive, LLC 909 Asbury Drive Page 5 of 6 smart.with heart. 50 Raupp Blvd, Buffalo Grove, IL 60089 � 847-459-2500/ vbg.org , geniant + � EASTLAKE STUDIO Rivian Service Center 909 Asbury Drive Buffalo Grove,IL Special Use Narrative Rivian is proposing the creation of an electric vehicle service center in the Village of Buffalo Grove. A handful of these facilities already exist across Chicagoland and together they form an integral part in Rivian's developing nationwide network of support structures for the maintenance and sale of their proprietary vehicles. Following a period of due diligence in mid-2004, Rivian has found an existing building and adjoining parking located at 909 Asbury Drive that is able to accommodate Rivian's program needs with minimal modification to the existing facilities. The recently-vacant property, owned by TradeLane Properties, is zoned for Industrial use and will remain industrial under the proposed service center build-out. While the service center aspect of this program is permitted by right, Rivian will need to seek special use approval to allow for sales and test drives of their vehicles within the limits of the applicable codes. As portion of the proposed service center (less than the 5% of total area) will be customer- facing. Rivian wants to use this Front of House to serve as a waiting room for customers, but also to host test drives and finalize sales of vehicles purchased exclusively through Rivian's website (www.rivian.com). Vehicles are custom-built at the Rivian Main Plant in Normal, IL, then delivered to the customer at their nearest Service Center to complete the final point of sale. This model negates the need for large-scale surface parking lots common to traditional vehicle sales. Deliveries of vehicles and maintenance parts from the factory occur no longer than 72-hours before scheduled customer pick-up, ensuring that no vehicles remain on the property longer than three days. Existing parking facilities are sufficient for the proposed service center with accessory sales function under Zoning Code, as are the numbers and sizes of existing Loading berths. Hours of Operation: Hours for Deliveries: Mon-Fri : 8am — 6pm Mon-Fri : 8am — 3am Sat-Sun : 9am — 6pm Sat-Sun : 9am — 3am Number of Employees : 46 by EOY 2027 Estimated Number of Customers per Day : 21 per day (based on a forecast of 650 per month) Estimated Number of Vehicles per Day : 21 per day (based on a forecast of 650 per month) Attached to this narrative is a schematic presentation showing the proposed site plan, interior layout of the service center, and the building signage plans. If approved by the Village of Buffalo Grove Zoning and Planning Commission, the program and uses described in this special use application will be incorporated in a forthcoming set of permit and construction documents to be created by geniant-Eastlake Studio - Rivian's Architect of Record for this site. The Architect in charge of this process will be: Brian W. Fleming, AIA [ brian.fleming cx�eniant.com / 312.866.9173] geniant-Eastlake Studio 333 N Michigan Avenue, Suite 2600 Chicago, IL 60601 1 333 NORTH MICHIGAN AVENUE�SUITE 2600•CHICAGO,IL 60601 F...� .. j � � . � . �- .. � il� # � 4 �j ...�� . tt- :. 1 �,�' ��: , ; � ; ,� �� . �� ,._ , , : �- : � . � ,, �, � �'��° � ¢• � .. �x t � f . . } r < .t 4 ' � i i;� ''�, m .. � , ..� .. ,..,,. . � � ♦ , � � � � .. � .. ��' � . ... .. . .. � �� ,f � � �' � � . fi fl � , � � � * x � � e �. . � � .. . . 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SOUARE FEET FRONT SETBACK: 25� SIDE SETBACK: 15' DC GAS VALVE p FLARED END SECTION (R) RECORD BEARING/DISTANCE REAR SETBACK: 15� N WATER VALVE —1/�— WAlER LINE TF TOP OF FOUNDATION MAXIMUM BUILDING HEIGHT:4 STORIES/55 FT. � ELECTRIC METER -T- lELEPHONE/CAN LINE FF FINISHED FLOOR MINIMUM LOT AREA:20,000 SQ. FT. ♦ GAS METER -G- GAS LINE TP TOP OF PIPE MINIMUM LOT WIDTH: 100� � FIRE HYDRANT -E- ELECTRIC LINE B.S.L. BUILDING SETBACK LINE MAXIMUM FLOOR AREA RATIO: 0.80 � AUTO SPRINKLER -OHW-OVERHEAD W1RES P.U.E. PUBLIC UTILITY EASEMENT PARKING SPACE FORMULA: 2 SPACES PER EVERY 3 E� � MONITORING WELL -STM-STORM SEWER D.E. DRAINAGE EASEMENT (ESTIMATED 61 EMPLOYEES) (61 /3) X 2 =41 � GROUND LIGHT -SAN-SANITARY SEWER L ARC LENGTH PARKING SPACES REQUIRED: 41 TOTAL PARKING SPA( • BOLLARD -X-CHAIN LINK FENCE R RADIUS LENGTH EXISTING PARKING SPACE TABLE � 8/BOX -p- STOCKADE FENCE C CHORD LENGTH TYPE OF SPACE TOTAL EXISTING �' �� GUARD RAIL CB CHORD BEARING REGULAR 163 o�- FLAG POLE �CONCREiE SURFACE CMP CORRUGATED METAL PIPE ADA 6 TOTAL 169 I � — — — — :. . — — — — —�ISign — — - II � � . 0 F nd Iron y-C P�� ACCES9 M 3g,29� ASBURY DRIVE BITUMINOUS PAVEMENT 60' PUBLIC RIGHT OF WAY ' � . ' ACCES " ACCESS Sa��o� . �. � � S 89'34'50� E 343.3 25.00� . I Rod �— ..— � 20.�� — ZOninC]19n� � • � : . : : —^ — — — tback — � —'- -•� —r—, — � — — — I � _"_; , �_• _ _ — - - - - - - - - -� -- - - - - - - � 82.36' . . . . o� � • J.�Q �, I � ' �� siruM�rvous" . � 96.I30' � vii.�..a�� o� � � � „ BUF�A�.Q �RO�E ' During your testimony at the Public Hearing,you need to testify and present your case for the Special Use being requested. In doing so,you need to address the six(6)Special Use Standards listed below: SPECIAL USE STANDARDS 1. The special use will serve the public convenience at the location of the subject property; or the establishment, maintenance or operation of the special use will not be detrimental to or endanger the public health, safety, morals,comfort,or general welfare; Response: The establishment, maintenance, and operation of the proposed Rivian Service Center would have no detrimental effect on public health, safety, morals, or general welfare. The proposed build-out wou/d adaptively re-use an existing 61,OOOsf industrial space located within the Arbor Creek Business Centre to allow for EV maintenance and sales. Rivian's business model emp/oys direct-to-consumer sales and service, thereby preventing the need for a traditional large- scale surface parking lot. Apart from a handful of new openings on the building's exterior, there will be minimal change to the existing condition. 2. The location and size of the special use,the nature and intensity of the operation involved in or conducted in connection with said special use,the size of the subject property in relation to such special use,and the location of the site with respect to streets giving access to it shall be such that it will be in harmony with the appropriate,orderly development of the district in which it is located; Response: Rivian has selected the site at 909 Asbury with the specific intent of respecting the existing neighbors,streets, and development within its district. The building's existing footprint matches the tenant's program, and parking requirements without necessitating large scale modifications to the building. There will be no FAR additions to the existing building, and no additional parking stalls added to ihe existing paved parking lot. 3. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity of the subject property for the purposes already permitted in such zoning district, nor substantially diminish and impair other property valuations with the neighborhood; Response: The proposed program will provide much-needed infrastructure for a growing EV presence in Buffalo Grove while reanimating an existing vacant building within the industrial district. Furthermore, the sales aspect of the program will be take p/ace indoors, and be purchased vehides will be delivered to the facility before being handed over to the customer. 4. The nature, location and size of the buildings or structures involved with the establishment of the special use will not impede, substantially hinder or discourage the development and use of adjacent land and buildings in accord with the zoning district within which they lie; Resaonse:Rivian has selected the site at 909 Asbury with the specific intent of respecting the existing neighbors,streets, and development within its district. All vehicle sales will take p/ace within the existing building, and cars and parts will only be delivered from a separate logistics facility on an as-needed basis. The existing building and parking lot are more than sufficient to fulfil this need well within the property line. 5. Adequate utilities, access roads, drainage, and/or other necessary facilities have been or will be provided; Kesaonse: tx►sring urinries, roaas, ana ara►nage are aaequare jor rcivian s proposea use, ana were researched and vetted with the landlord before the site was selected by Rivian. There is currently no plan to modify these existing conditions in a way that would impact the properties surrounding the service center. 6. Parking areas shall be of adequate size for the particular special use,which areas shall be properly located and suitably screened from adjoining residential uses, and the entrance and exit driveways to and from these parking areas shall be designed so as to prevent traffic hazards, eliminate nuisance and minimize traffic congestion in the public streets. Response: The existing surface parking/ot is currently larger than is required by Zoning for this occupancy, as well as Rivian's site-specific program. Access to the parking lot will occur from the existing driveways located along Asbury Drive. There are sufficient existing loading berths, and all vehicles—both customer and employee—will be parked within the property. No residential uses are adjacent to the parcel,so no screening will be necessary. Existing landscaping will remain intact unless indicated in the attached schematic plans. EXHIBIT C Draft Minutes from October 1.2024, Plannin�&Zonin�Commission Meetins Rivian Automotive, LLC 909 Asbury Drive Page 6 of 6 smart.with heart. 50 Raupp Blvd, Buffalo Grove, IL 60089 \ 847-459-2500/ vbg.org MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION HELD AT JEFFREY S. BRAIMAN COUNCIL CHAMBERS FIFTY RAUPP BLVD, BUFFALO GROVE, IL 60089, TUESDAY, OCTOBER 1, 2024 CALL TO ORDER Chairperson Weinstein called the meeting to order at 7:30 PM. Present: Chairperson Weinstein, Vice Chairpe�son Richards, Commissioners Au, Davis, Schwartz, Spunt, and Worilkar. Absent: Moodhe, Saxena. A quorum was established. Also in attendance: Director of Community Development Nicole Woods, Associate Planner Andrew Binder, Village Attorney Patrick Brankin, and Trustee Liaison Weidenfeld. PUBLIC HEARINGS/ITEMS FOR CONSIDERATION A. Consideration of a Special Use in the Industrial District (1) for the sale and/or leasing of new and/or used automobiles within an enclosed structure to allow Rivian Automotive, LLC to open an electric vehicle service and sales center at 909 Asbury Drive Director Woods, provided a background on the subject property and the request. Jamie Vassallo, Senior Design Manager for Rivian Automotive, and Brian Fleming, the project's architect, were sworn in and presented their request to the Planning and Zoning Commission. Com. Worlikar asked if auto body or collision work would be done on-site and if both consumer and commercial vans would be serviced at this location. Ms. Vassallo responded no and that the industrial zoning allows for it, but she said Rivian will not have a paint booth or collision repair at this location. She continued that both consumer and commercial vans will be serviced at this location. Vice-Chairperson Richards disclosed that he owns a Rivian and stated that he is extremely excited not to have to drive for an hour and a half to get a recall check that he didn't need. He asked if the EV Chargers within the parking lot would be open to the public as Buffalo Grove is in an EV Charger Desert. Ms. Vassallo responded that they do not have plans for that at this time and will have chargers within the interior of the space to charge vehicles while they are being serviced. Com. Davis stated that he noticed the delivery time sometimes as late/early as 3 AM and asked how often it would happen. Ms. Vassallo responded that the 3 AM deliveries would not be for vehicle deliveries but for operational or vehicle parts deliveries. Chairperson Weinstein asked about online ordering and whether the general public can purchase a car with a salesperson at the facility. Ms. Vassallo confirmed. Chairperson Weinstein asked about the number of vehicles available for test drives and the route for the test drive. Ms. Vassallo stated that they have not determined a route yet, but they will typically have finro to three Rivian vehicles on site to test drive. Chairperson Weinstein asked if, since Rivian does not have public chargers, will Rivian car owners be turned away if they want to get their cars charged. If not, will the chargers be locked in some way. Ms. Vassallo stated that she can't speak to that because she is not sure how the service team would operate under those circumstances, but she can double-check whether the chargers will be locked outside of operating hours. Chairperson Weinstein asked if the facility would have a car wash feature. Ms. Vassallo stated there will be an interior wash bay for wipe down and detail of cars, no exterior car washes. Chairperson Weinstein asked Village Staff if car wash use would be OK since there was no mention of a car wash in the materials. Ms. Woods noted that car wash use is typical and permitted for auto service center use. Mr. Brankin concurred. Com. Spunt asked how many other of these type of service centers do you have in the US currently. Ms. Vassallo stated that by the end of this year, they will have around 60, with the closest ones to Buffalo Grove being Milwaukee, Downtown Chicago, and a new location in Downers Grove. Com. Spunt asked how many employees and when they plan to open. Ms. Vassallo stated they will have roughly 46 employees by 2027 and anticipate opening next year. Com. Worlikar asked whether the building will incorporate any environmental sustainability measures or automation. Ms. Vassallo stated that Rivian is built around respecting the environment and being environmentally friendly. Rivian's engineering team strives to implement measures to make our buildings more efficient. The staff report was entered into the record as Exhibit 1. No comments from the public; the public hearing was closed. Vice-Chairperson Richards moved to recommend approval of a Special Use for the sale and/or leasing of new and/or used automobiles within an enclosed structure to allow Rivian Automotive, LLC to open an electric vehicle service and sales center at 909 Asbury Drive, subject to the conditions in the Staff Report. Com. Davis seconded the motion. Com. Spunt spoke in favor of the motion and joked about increasing the speed on Asbury Drive for test drives. He stated that with the increase in the popularity of EVs being purchased by residents, this use will be a great addition to Buffalo Grove. Com. Worlikar spoke in favor of the motion and agreed with Com. Spunt. He stated that he knows many people who drive downtown to service their Rivians, and this new use will save them a lot of trips. Chairperson Winestein spoke in favor of the motion, stating that he would not typically be in favor of putting a car dealership in an industrial district due to the traffic concerns, stating, however, that most car dealerships want good street frontage and want to be visible. He stated that the use is more incidental to the car service component within the industrial district, with the use not primarily heavy in car sales on the lot. Moved by Kevin Richards, seconded by Jason Davis to Motion to recommend approval of the Special Use. Upon roll call, Commissioners voted as follows: AYES: 7 Mitchell Weinstein, Kevin Richards, Amy Au, Neil Worlikar, Marc Spunt, Jason Davis, Donald Schwartz NAYS: 0 None ABSENT: 2 Adam Moodhe, Sujat Saxena Motion declared Passed. B. Consideration of an Amendment to Ordinance No. 2022-063, the Planned Unit Development and the Unified Sign Package with Variations to Title 14 (Sign Code) for the 7-story, mixed-use building in The Clove development at 100-250 McHenry Road. Associate Planner Binder provided an overview of the PUD Amendment for the Clove's Signage for the first-floor tenants of the 7-story residential building and the proposed temporary signage. Teresa Bateman, director of development for BGA Residential, and Brian Newton, president of Parvin-Clauss Sign Co, were sworn in. She presented the proposed sign package and noted that the plan is to have a uniform sign plan for all the residential building's first-floor tenants. This plan aims to create a comprehensive look for the wall signs, projecting signs, and temporary signs. Vice-Chairperson Richards asked the difference between blade signs and projecting signs. Ms. Bateman stated that blade signs are another term for projecting signs. Vice-Chairperson Richards asked about the standards on colors, materials, and illumination of the signs and if there is one set color for everything. Ms. Bateman mentioned that as part of their signage package, tenants are permitted to use up to three colors for their signs to maintain the elegance and symmetry of the building. Regarding projection signs, specific height and attachment requirements have been outlined and must be adhered to. Furthermore, once the initial projection sign is installed, it cannot be moved when a new tenant takes over the space. Additionally, the size requirements for projecting signs must be met, and they can only be illuminated from an external point of view, not internally. Vice-Chairperson Richard asked if the projecting signs shall not exceed 6 square feet and if they all have to be the same size. Ms. Bateman stated that the projecting signs cannot exceed 48 inches in height, and the sizes could vary based on the tenant, such as different nationally branded logos. She continued that they created the guidelines' parameters because they want the tenants to be identified and unique through the sidewalk environment. Vice-Chairperson Richards asked if tenants would be able to place their logo on the wall sign. Ms. Batemen confirmed and stated that within the guidelines they do allow national trademark or federally trademarked logos to be on the wall signs and would work with the Village. Com. Schwartz asked if any of the signs within the package would allow blinking lights. Ms. Bateman confirmed that no signs will be allowed to have blinking lights. She also mentioned that no illuminated signs would be allowed within the windows and talked about a light spill of the proposed wall or projecting signs and that there would be no digital signs. Com. Schwartz asked about the maintenance of the signs if the lights were to go out. Ms. Bateman stated that the tenants' contracts will enforce the maintenance of the signs, and the maintenance team will work with the tenants to get any signs fixed. Com. Worlikar asked about the feather flags and how to mange these temporary signs with the noise that may be created from them. Ms. Bateman responded that the temporary sign locations they have designated are only for where they will be placed, and they won't all be placed there at the same time so that they can control where they go with safery and weather factors. She stated that their property management and maintenance teams will be there to help enforce and monitor these signs so they are not a nuisance. Chairperson Winestein asked about the projecting signs and if they will be different sizes. Ms. Bateman confirmed that they could be different sizes as each business will have their own unique identifier, such as a logo or brand. Com. Au asked about the color restrictions and the wall signs and asked what the signs could potentially look like. Ms. Bateman showed on the screen an idea of what the projecting sign could look like with two/three colors. Vice-Chairperson Richard asked where the lighting would be for the projection signs if they will be externally illuminated. Ms. Bateman stated that a light fixture would shine down on the projecting sign and that they could keep the lighting under the awning. Chairperson Winestein asked a hypothetical question if a tenant were a Starbucks, they would have green and white for their signage, and next to them could be a McDolands, and they could have a red and yellow golden arch, and that would meet the requirements. Ms. Bateman confirmed and stated that brand awareness is important for tenants and being able to promote each individual character. There were no comments from the public, the public hearing was closed. The staff report was entered into the record as exhibit 1. Vice-Chairperson Richards moved to recommend approval of an amendment to Ordinance No. 2022-063, the Planned Unit Development and the Uniform Sign Package, with the following Variations from the Sign Code for the 7-story mixed-use building in The Clove development at 210-250 McHenry Road: 1. A variation from Section 14.16, to exceed the maximum allowable number of wall signs on the building; 2. A Variation from Section 14.16, to allow multiple wall signs to exceed the maximum size; 3. A Variation from Section 14.16 and 14.20 to allow temporary subdivision development signs and For Rent, Sale or Lease signs which exceed the number and size limitations permitted; Subject to the conditions in the Staff Report. Com. Davis seconded. Vice-Chairperson Richards spoke in favor of the motion, stating that he likes the idea of keeping a consistent look and feel to to build some cohesiveness across the tenants and thinks it will be very good across the board. He spoke in favor of the temporary sign changes as they make sense. Chairperson Winestein spoke in favor of the motion, stating that when looking at the variations and the proposed package, it is all tasteful and makes sense in terms of the scope of the building and the project. Moved by Kevin Richards, seconded by Jason Davis to recommend approval. Upon roll call, Trustees voted as follows: AYES: 7 Mitchell Weinstein, Kevin Richards, Amy Au, Neil Worlikar, Marc Spunt, Jason Davis, Donald Schwartz NAYS: 0 None ABSENT: 2 Adam Moodhe, Sujat Saxena Motion declared Passed. C. Consideration of a Special Use for a Planned Unit Development, a Final Plat of Re-Subdivision, and Zoning Variation requests to accommodate the resubdivision of the properties at 1020-1040 Lake Cook Road, 151 — 201 Hastings Drive, and 301 Hastings Drive. Associate Planner Binder provided an overview of the request to re-subdivide the lots to accommodate the detention ponds. James Lang, the petitioner from Hamilton Partners, was sworn in. Com. Spunt asked to summarize why the re-subdivision is being requested. Mr. Lang responded that he was on board when this land was vacant, and the building was built in the late 1980s. He continued that they didn't set up a POA when the buifdings were developed and parceled the detention ponds to the closest building at that time. He stated that the issue is the maintenance of the ponds and that a common area for the industrial park of Chevy Chase Business Park West. He continued that when they sold the building at Chevy Chase Business Park East, they didn't establish a POA for the existing pond on that site before the building could be sold. He stated that in order to be proactive in the future, they want to parcel out the ponds and create a POA now so there are no time constraints in the future. Com. Spunt asked whether the pond lots will be sold and built on, considering they are on separate lots. Mr. Lang confirmed they will not be sold and built on. Com. Au asks for more clarification and asked who retains ownership of the ponds. Mr. Lang explained that the Property Owners' Association (POA) will always own and maintain the ponds and stormwater lines. He mentioned that the POA will be an independent organization responsible for managing the expenses and pro-rate the expenses to each building within the POA. Com. Au asked about the obligation to pay the POA fees and whether the POA has enough money. M�. Lang mentioned that the obligation to pay would be tied to the property for every owner. He also mentioned that they have other business and industrial parks where some property owners do not pay their POA fees. In response, they have included strong language in the POA documents that essentially grants them ownership of the buildings and places liens on them if the POA fees are not paid. Com. Au stated that she has never seen this type of development before and wants clarification from Staff. Attorney Brankin provided an overview, explaining that when considering this development as if it were a vacant piece of property, the common areas are usually separated and maintained by an association. He mentioned that the applicant is essentially reversing engineering the original approval by transforming the industrial park into a state similar to what we typically see with any other type of new development with common areas and the creation of a new association so that not all on one property owner has to expense the maintenance of the common areas, such as these ponds. He mentioned that from now on, the responsibility will be shared among all the other owners. He also mentioned that the declaration documents will be carefully reviewed and made very clear, so that all the responsibilities are clearly stated and documented for all the lots within the new POA. Chairperson Winestein asked about the ownership of the {ots. Mr. Lang stated that everything is under the same ownership. Chairperson Winestein asked that once you buy one of the parcels within the POA, you become of a member of the association. Mr. Lang confirmed. Com. Spunt asked who uses the ponds. Mr. Lang stated that the existing buildings and buildings across Hastings Street use the pond for their stormwater. Com. Worlikar asked Attonery Brankin if this subdivision is similar to an HOA. Attorney Brankin confirmed. Chairperson Winestein reviewed all zoning variations that are being requested for the subdivision of the lots with the existing buildings and new frontages. The village staff report was entered as Exhibit 1. There was no public comment, and the public hearing was closed. Vice-Chairperson Richards moved to recommend approval of a Spec'ral Use for a Planned Unit Development, a Final Plat of Re-Subdivision, and Zoning Variations to accommodate the creation of new lots for the detention ponds within the properties at 1020-1040 Lake Cook Raad, 151 — 201 Hastings Drive and 301 Hastings Drive, subject to the conditions in the Staff Report. Com. Spunt seconded the motion. Chairperson Winestein spoke in favor of the motion stating it's an existing subdivision and effectively reverse engineering how it could have been done in the first place, setting it up for a possible sale of a lot or two at some point in the future. Com. Worlikar spoke in favor of the motion, concurring with Chairperson Winestein. He stated that if this were a housing community and an HOA, we would be looking at something similar with maintenanee. Moved by Kevin Richards, seconded by Marc Spunt to recommend approval. Upon roll call, Trustees voted as follows: AYES: 7 Mitchell Weinstein, Kevin Richards, Amy Au, Neif Worlikar, Marc Spunt, Jason Davis, Donald Schwartz NAYS: 0 None ABSENT: 2 Adam Moodhe, Sujat Saxena Motion declared Passed. REGULAR MEETlNG A. Other Matters for Discussion B. Approval of Minutes C. Chairperson's Report D. Committee and Liaison Reports E. Staff Report/Future Agenda Schedule Staff provided information regarding the upcoming future agenda schedule. F. Public Comments and Questions All comments will be limited to 5 minutes and should be limited to concerns or comments regarding issues that are relevant to Planning and Zoning Commission business and not on the regular agenda for discussion. ADJOURNMENT The meeting was adjourned at 8:45pm.