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2016-01-20 - Planning and Zoning Commission - Minutes01/20/2016 MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMISSION OF THE VILLAGE OF BUFFALO GROVE HELD IN THE COUNCIL CHAMBERS, 50 RAUPP BOULEVARD, BUFFALO GROVE, ILLINOIS ON WEDNESDAY, JANUARY 20, 2016 Call to Order The meeting was called to order at 7:32 PM by Commissioner Eric Smith Public Hearings 1.Consider a Text Amendment to the Zoning Ordinance Concerning E-Cigarettes and Tobacco Stores (Trustee Weidenfeld) Ms. Woods provided an overview of the research that staff has conducted, which is detailed in the Staff memo dated January 15, 2016. E-Cigarette/Vape Stores Most communities allow the retail sale of e-cigarette/vape stores in their community. In doing so, they generally apply the same standards that are administered to tobacco shops. Should the Village proceed with this approach and amend our definition of Tobacco Shops to include the retail sale of ecigarette/vape stores, we need to review whether or not we should consider tightening our standards on tobacco shops. For example, perhaps tobacco shops and e-cigarette/vape stores should be considered special uses, not permitted uses. This argument would put Buffalo Grove in the minority of communities that consider these specific establishments to be special uses. Another example of tightening the standards could be to distance these uses from schools. However, the distance standards observed amongst other communities is minimal (100- 150 feet) and would not impact any existing vacant commercial space in the Village. E- cigarette/vape stores often like to have seating for consumers to sample e/cigarettes/vape products. This sampling is intended to be an accessory use of the store. As noted above, most communities do not permit sampling as this type of activity may lead to a vape lounge or a vape lounge environment. Some of these communities include the phrase “retail-sales only” to prevent this type sampling from occurring. Other communities that allow sampling, issue licenses to permit sampling at a specific establishment. Vape Lounges Overall, communities have tighter restrictions on vape lounges than the retail sale of ecigarette/vape stores. Most communities do not address this specific use and thereby prohibit vape lounges as a use in their municipalities. Currently, smoking establishments such as cigar lounges, hookah lounges and other onsite smoking venues are not allowed in Buffalo Grove. This restriction has been established as part of Buffalo Grove’s own Clean Air Ordinance adopted in 2006 (attached). However, our current Clean Air Ordinance does not address vaping. Staff is looking for direction from the Planning & Zoning Commission (PZC) on whether or not to recommend retail only e-cigarette/vape stores be allowed as a Permitted Use or as a Special Use in the Business Districts as well as determine a satisfactory distance standard. This matter will be discussed at the Village's Health Commission meeting on February 10, 2016 and they would make a recommendation to the Village Board. He anticipates this matter to be brought before the Village Board on February 22, 2016. 01/20/2016 Mr. Stilling added that the Village's current Clean Air Ordinance does not prohibit vape lounges and sampling. Com. Cersario asked if the Village is looking to treat these retail stores similar to tobacco stores. Ms. Woods responded yes. Com. Cesario confirmed with Ms. Woods that the Village is looking to prohibit vape lounges as well as sampling. Com. Lesser stated that he would advocate for tighter restrictions and further distance requirements from schools. Mr. Stilling responded that he is looking for direction from the PZC. Specifically, should the Village allow the retail stores as a Permitted Use as well as setting the distance requirement. Currently, alcohol sales are not allowed within 100 feet of schools. Com. Lesser stated that this is a new product which is marketed towards minors. He would like to see Buffalo Grove take the lead on more restrictive regulations. Com. Moodhe asked if this would open the door to allow hookah lounges as well. Mr. Stilling stated that the Village would have to be consistent across the board with similar uses. Com. Moodhe asked if existing tobacco stores would be grandfathered if this type of use was permitted as a Special Use. Mr. Stilling responded that existing tobacco stores would be considered a legal non-conforming use. However, certain events could then require them to have to apply for a Special Use. Com. Moodhe asked if amending the Village's current Clean Air Ordinance could meet the objective. Mr. Stilling responded that it could. Com. Moodhe asked about the State regulations. Mr. Stilling advised that the State is vague on a definition and the Village currently does not define tobacco stores. Com. Cesario stated that based on the results of the communities survey, the Village would not gain anything by making the retail shops a Special Use and that these should not be treated differently than alcohol or tobacco stores. Ch. Smith agrees with Com. Cesario. Com. Goldspiel asked about the differences between the shops and lounges. Mr. Stilling described the difference between the retail stores with accessories and vape shops with sampling and vape lounges. Com. Goldspiel stated that he agrees with the staff analysis on all three. A distance requirements should be set. He asked about age limitations. Mr. Stilling responded that he will look to the Village Board to set the age limitation. The State requirements are that you cannot buy the products if you are under the age of 18. However, you can consume the products if you are under 18. He would like the Village Board to set a minimum age restriction for both at 18. Mr. Stilling advised that the Village's Health Commission is scheduled to meet to discuss this issue on February 10, 2016 at 7:00 PM. He recommends that one or two PZC Commissioners be present at the Health Commission meeting. He will do some more research concerning the distance requirements and have that information available at the Health Commission meeting. 01/20/2016 RESULT:TABLED [UNANIMOUS] Next: 2/17/2016 7:30 PM MOVER:Adam Moodhe, Commissioner SECONDER:Frank Cesario, Commissioner AYES:Smith, Moodhe, Cesario, Goldspiel, Khan, Lesser, Weinstein ABSENT:Matthew Cohn, Ira Shapiro Regular Meeting Approval of Minutes 1.Planning and Zoning Commission - Regular Meeting - Jan 6, 2016 7:30 PM Com. Cesario asked that the Pledge of Allagence be removed from the minutes. RESULT:ACCEPTED AS AMENDED [UNANIMOUS] MOVER:Scott Lesser, Commissioner SECONDER:Zill Khan, Commissioner AYES:Smith, Moodhe, Cesario, Goldspiel, Khan, Lesser, Weinstein ABSENT:Matthew Cohn, Ira Shapiro Matters for Discussion 1.Workshop Discussion- Proposed Retail Development at 20914 & 20929 N Milwaukee (Trustee Weidenfeld) Mr. Stilling reviewed the proposed project. MJK Real Estate Holding Company, LLC (MJK) is the contract purchaser of the unincorporated 1.5 acre property currently improved with the existing PJ's Restaurant and the former McDonalds (recently demolished). MJK is finalizing their plans for a new 12,000 square foot retail development split between two (2) buildings and is seeking comments from the Planning & Zoning Commission (PZC) prior to completing their full application for a public hearing. This item had been heard before the Village Board on January 4, 2016 and was referred to the PZC. The memorandum dated January 15, 2016 provides a brief summary of their project. Mr. Jeffrey Silverman, MJK Real Estate Holding Company, LLC, introduced himself and gave a brief history of his experience with commercial development and his most recent projects in Highland Park and Libertyville. He is looking to break ground this spring. Com. Goldspiel asked about the access off Milwaukee Avenue, specifically for north-bound traffic. Mr. Silverman stated that McDonalds had been located there for many years and did not have any access issues. He will have a traffic study conducted to alleviate any traffic concerns the Village may have. Mr. Stilling advised that Milwaukee Avenue will change in the future and a long term solution will be a safer solution. Com. Goldspiel asked how the proposed sign will fit in. Mr. Stilling stated that Milwaukee Avenue will eventually be almost an 8 lane cross-section. He believes that there will be balance between the aesthetics. Com. Goldspiel has some concerns with the residential area to the west. He does not believe the landscaping as depicted will be adequate. Mr. Stilling stated that there could be more landscaping, or possibly an 8 foot high barrier fence. The Village is still working with the developer to finalize the proposal. Mr. 01/20/2016 Silverman stated that he has included 6 foot to 7 foot high solid wood fences with evergreens at other developments. Com. Goldspiel stated that berms are effective at cutting down noise. He asked about the elevation of the property. Mr. Stilling responded that the land is relatively flat and drains to the southwest. The Village is in the process of updating the stormwater management regulations to make them consistent with the County. Com. Kahn asked why this developer needs the Village. Mr. Stilling stated that the property to the north is annexed into the Village and the developer needs cross access to that property to meet their needs. Once the Berenesa property is developed, access will be allowed to that property to serve the needs of the customers. Com. Kahn asked a procedural question about adopting a stormwater Ordinance. Mr. Stilling will refer this question to the Village Engineer. Com. Kahn asked Mr. Silverman if the project is connected to the Lake County stormwater system, would a lift station still be required to be installed. Mr. Curtis Smithson, Smithson & Associates, Civil Engineer, advised that a lift station would not be required and explained the reasons why it would not. Com. Kahn confirmed that the proposed development would be 1.5 acres and asked about on-site detention requirements. Mr. Smithson explained that the building elevation would meet the County and FEMA floodplain requirements but they have to meet one of the on site detention requirements, one of which could include underground storage. Com. Kahn asked if any variations to the Development Ordinance would be required. Mr. Stilling stated that variances for stormwater detention and floodplain elevations would be sought. Com. Lesser believes that access to the property to the north is critical for this project to be successful. He asked Mr. Silverman about his long term investment history and about his intentions for this property. Mr. Silverman responded that he has developed approximately 30 properties over the years and he intends to retain this property after development. Com. Lesser asked what materials are proposed to be used in the construction of the buildings. Mr. Orlando Vivacqua, Soos & Associates, Architect, advised that the proposed building materials will be masonry brick. Com. Lesser asked if any split face block would be used. Mr. Vivacqua advised that sometimes they use split face block but these buildings are proposed to be masonry brick. Com. Lesser asked if the parcels will have a Reciprocal Easement Agreement (REA). Mr. Silverman stated that the buildings will have equal rights. Mr. Stilling advised that staff is working with the Developer to determine if consolidating the parcels into one parcel would make more sense. Com. Lesser stated that a REA would still be required for the property to the north. Mr. Stilling is aware but they are still working with IDOT. Com. Moodhe asked about the height of the McDonalds ground sign. Mr. Stilling advised that sign was 35 feet high. Com. Moodhe asked about burying the overhead electrical lines on the property during development. Mr. Stilling stated that ComEd will not bury lines piecemeal and that they may have some policy to maintain overhead electrical lines for easy access. Com. Moodhe asked about the Village's stormwater regulations compared to both Cook and Lake Counties regulations. Mr. Stilling explained the differences. Com. Moodhe asked about access to the property without Berenesa Plaza being yet developed. Mr. Silverman responded that Milwaukee Avenue will not change until there are developments on all the corners at Milwaukee Avenue and Deerfield Parkway. Com. Moodhe inquired about landscaping and fencing along the west property line of the development. He also asked staff to look at possibly annexing the properties to the south of the proposed development as well. 01/20/2016 Com. Cesario asked about the height of the proposed buildings compared to the height of the proposed ground sign. Mr. Vivacqua stated that the building heights have not yet been finalized but they will be approximately 23 feet to 24 feet in height. The ground sign is proposed to be 25 feet in height. Com. Cesario stated that he is not concerned about the barrier to the west. He also agrees with the traffic flow as proposed. Com. Goldspiel asked if the property is located in a floodplain. Mr. Smithson stated that the majority of the proposed buildings will be located in the floodplain. They will provide the required fill for both the buildings and the parking lot. Com. Goldspiel stated that he is sensitive to the neighboring residential properties and is concerned about this development being located in the floodplain. Mr. Smithson explained the different options they have to accomplish meeting the floodplain requirements. Com. Goldspiel asked what would happen if there is a flood. Mr. Smithson stated that the water would pool around the building. Com. Goldspiel stated that he finds this very troubling. Com. Kahn confirmed with Mr. Smithson that the buildings would meet the floodplain requirements. Mr. Smithson added that they would be improving the condition for the residents to the west. Mr. Stilling advised that if the project moves forward, the Village Engineer will be involved and will look to improve the condition from what currently exists. Com. Moodhe recalled that the County had done some improvements in that area to alleviate flooding. Mr. Sheehan stated that the County did do some improvements but sometimes they still have problems. Com. Goldspiel stated it is a problem to use a floodplain for a parking lot and he believes it is a bad idea. Ch. Smith thanked the PZC for their comments. Mr. Stilling advised that they are hoping for the public hearing to take place either February 21, 2016 or March 2, 2016. Chairman's Report None. Committee and Liaison Reports None. Future Agenda Schedule Mr. Stilling advised that the February 3, 2016 will be a full agenda including the following: 01/20/2016 - Northwest Central Dispatch Systems, 2950 N. Main Street - Special Use and Variations to replace the existing communications tower and equipment building; - 1167 Green Knolls Drive - Driveway variation; - 850 Asbury Drive - Preliminary Plan Review, no variations are required; - Text Amendment to the Zoning Ordinance, amending the objection period. This is due to the modified Village Board schedule; and - Olson Property - Workshop on proposed residential development. Public Comments and Questions None. Staff Report None. Adjournment The meeting was adjourned at 9:15 PM Chris Stilling Director of Community Development APPROVED BY ME THIS 20th DAY OF January , 2016