2017-10-04 - Planning and Zoning Commission - Minutes10/4/2017
MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE
VILLAGE OF BUFFALO GROVE HELD IN THE COUNCIL CHAMBERS, 50 RAUPP BOULEVARD,
BUFFALO GROVE, ILLINOIS ON WEDNESDAY, OCTOBER 4, 2017
Call to Order
The meeting was called to order at 7:30 PM by Chairman Frank Cesario
Public Hearings/Items For Consideration
1. Proposed Link Crossing Subdivision (Request to Continue to November 15, 2017)
(Trustee Ottenheimer) (Staff Contact: Chris Stilling)
Mr. James Truesdell, K. Hovnanian Homes, was present and provided a status update on
the project. They are moving forward and working to develop and finalize a plan based on
the discussion from the previous meetings. He asked for the public hearing to be
continued until the November 15, 2017 Planning & Zoning Commission regular meeting.
Moved by Com. Weinstein, seconded by Com. Lesser, to table the public hearing until
the November 15, 2017 Planning & Zoning Commission regular meeting to be held at
7:30 PM in the Council Chambers of Village Hall.
RESULT: TABLED [UNANIMOUS]
Next: 11/15/2017 12:00 AM
MOVER: Mitchell Weinstein, Commissioner
SECONDER: Scott Lesser, Commissioner
AYES: Moodhe, Cesario, Khan, Lesser, Weinstein, Au
ABSENT: Matthew Cohn, Stephen Goldspiel
2. Consider a Special Use for a Recreational Facility at 1610 Barclay Blvd (Trustee Stein)
(Staff Contact: Brian Sheehan)
Mr. David Maslen, Chicago School of Golf, 1040 W. Adams Street, Chicago, IL, was
present and sworn in.
Mr. Maslen explained that he is looking to open a small golf instruction facility in the
Rogers Centre for Commerce. Lessons will be by appointment only. He will only have two
(2) staff members; himself and another, for a total of 4 occupants at a time. Hours of
operation are typically 7:00 AM to 5:00 PM on weekends and 11:00 AM to 9:00 PM
during the week. Most students are juniors but they service clients ranging in age from 8
years old to 75 years old. Parents typically drop off their children and return to pick them
up at the end of the lesson.
Com. Moodhe asked about the duration of lessons and if there is a crossover. Mr. Maslen
responded that the lesson times are fairly consistent. Com. Moodhe asked if there is
adequate parking for his needs. Mr. Maslen responded there is adequate parking.
Com. Khan asked about the length of the lessons and the cost. Mr. Maslen advisd that
the lessons can be anywhere from 1/2 an hour to an hour, depending on the client. Prices
for children range from $35.00 to $145.00. Adult lessons are a little more.
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Com. Weinstein confirmed with Mr. Maslen that there will not be any retail sales of any
products at this location. He also advised that Mr. Maslen responded to the criteria which
is included in the packet materials.
Com. Lesser asked what the maximum number of people would be at any given time at
this location. Mr. Maslen advised that 4 persons would be the maximum.
Ch. Cesario entered the Staff Report as Exhibit 1.
There were no additional questions or comments from the Commissioners. There were
no questions or comments from the audience.
The public hearing was closed at 7:41 PM.
Moved by Com. Weinstein, seconded by Com. Moodhe, to recommend to the Village
Board to approve the petition for a Special Use, subject to the following conditions:
1. The special use as an amusement establishment is granted to David Maslen and
said special use does not run with the land.
2. The special use granted to David Maslen 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.
RESULT: RECOMMENDATION TO APPROVE [UNANIMOUS]
Next: 10/16/2017 7:30 PM
MOVER: Mitchell Weinstein, Commissioner
SECONDER: Adam Moodhe, Commissioner
AYES: Moodhe, Cesario, Khan, Lesser, Weinstein, Au
ABSENT: Matthew Cohn, Stephen Goldspiel
3. Special Use for a Child Day Care Hom e at 315 Gardenia Drive (Trustee Ottenheimer)
(Staff Contact: Brian Sheehan)
Mr. Vijay Bhatia, 315 Gardenia Lane, was present and sworn in. His wife Geeta Bhatia, is
the Petitioner and home day care operator.
Mr. Bhatia advised that his wife has been operating the home day care since December
2015. The hours of operation are 8:00 AM to 6:00 PM. Monday through Friday. The
house is located in a residential area so they have a traffic policy in place to reduce
congestion.
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Com. Lesser confirmed with staff that the home day care has been operating since
December 2015. He also asked why the Petitioner, Geeta Bhatia, was not presenting. Mr.
Bhatia advised that his wife has a language barrier. Com. Lesser is concerned about a
language barrier and asked how his wife would communicate with emergency responders
in an emergency situation. Mr. Bhatia explained that his wife previously worked as a
customer service representative at Best Buy. Com. Lesser advised Mr. Bhatia that it
would be appropriate for the Planning & Zoning Commission to hear from the Petitioner.
Mrs. Geeta Bhatia, 315 Gardenia Lane, was present and sworn in. Com. Lesser asked
Mrs. Bhatia how they discovered that they need a Village license to operate the home
day care. Mrs. Bhatia advised that someone from the Village stopped by their house and
told them. Previously she watched her neighbor’s children in 2011. She then took all the
safety courses and applied for the DCFS license. Com. Lesser asked what the maximum
number of children is that she will have at any given time. Mrs. Bhatia responded eight
(8) children maximum. Com. Lesser asked if she has any employees. Mrs. Bhatia stated
that she has one (1) employee.
Com. Khan explained to the Petitioner why it is important for the Petitioner to present to
the Planning & Zoning Commission. Com. Khan asked staff about the other child day
care home on the street and asked if there is a distance requirement between child day
care homes. Mr. Sheehan responded that the other day care home is five (5) houses
away and that there is no distance requirement.
Com. Weinstein asked about the traffic and parking plan. Mr. Bhatia advised that the
traffic and parking plan has been in effect for about a year. Com. Weinstein asked if the
clients comply with the plans. Mr. Bhatia responded the clients do comply. Com.
Weinstein asked staff if the Village received any complaints about parking, traffic or any
other complaints. Mr. Sheehan stated no.
Com. Moodhe asked how many children are being watched currently. Mrs. Bhatia
advised she currently has five (5) children but previously she had seven (7) children.
Com. Moodhe asked staff about the property location and traffic congestion. He also
asked how many children 303 Gardenia Lane can have. Mr. Sheehan is not sure about
the traffic congestion and advised that 303 Gardenia Lane can have up to eight (8)
children at a time.
Com. Au asked staff if DCFS prompts the applicants to apply for a local license. Mr.
Sheehan advised that previously the Village had a better relationship with the local DCFS
representative and would be notified by DCFS. However, over the years staff at DCFS
has changed.
Ch. Cesario entered the Staff Report as Exhibit 1 and the Location Map as Exhibit 2.
Ms. Janice Lampert, 319 Gardenia Lane, was present and sworn in. Ms. Lampert
explained that the house is located on the corner of Gardenia Lane and Vintage Lane.
Vintage Lane leads to the bike path and is a bus stop location. She has seen an increase
of traffic on the street and is concerned that the block is becoming a business district.
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Mr. Bhatia explained that their employee previously parked on Vintage Lane but now
parks in the driveway as required by the Village.
There were no additional questions or comments from the Commissioners. There were
no additional questions or comments from the audience.
The public hearing was closed at 7:58 PM.
Moved by Com. Weinstein, seconded by Com. Khan, to recommend to the Village Board
to approve the Petition of a Special Use Ordinance subject to the following conditions:
1. Petitioner shall comply with the standards set forth in Section 17.12.141, Section
17.28.040 and Section 17.28.060 of the Village Zoning Ordinance.
2. The special use shall be in effect for a period of two (2) years from the date of this
Ordinance. The Petitioner is required to apply to the Village for re-authorization of the
special use pursuant to Section 17.28.060.C of the Village Zoning Ordinance.
3. The special use shall be automatically revoked if the Petitioner fails, for any reason, to
have a valid license issued by the Illinois Department of Children and Family Services (IL
DCFS).
4. The Petitioner shall obtain a Village business license prior to operation of the child day
care home.
5. The special use does not authorize any use in violation of any covenants running with the
Property.
6. No person who has been convicted of a felony or misdemeanor involving violence
against a person shall be permitted to reside in the day care home at any time, on a
temporary or permanent basis, or otherwise be allowed to be present in the day care
home at any time when children are present. The petitioner must agree to permit the
Village of Buffalo Grove to conduct, or cause to be conducted, a criminal background
check of every person residing in the day care home.
7. Petitioner shall maintain the Property in full compliance with Village property maintenance
standards at all times, as determined by the Village in its sole discretion.
8. This special use is granted to Geeta Bhatia as an individual. Said spe cial use does not
run with the Property and is not granted to any business entity. Said special use is not
transferable to another person or entity, and may not be used by any other person or
entity.
Com. Weinstein believes that the Petitioner innocently forgot or was unaware to apply for
the Village License. She did go through the process to get licensed by DCFS. He
believes that she has met the criteria to approve the request. However he is a little
concerned about the location.
Com. Au inquired if language could be added to require home day care operators to not
block roadways or pathways.
Com. Lesser would also like to see distance requirements added as well.
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Mr. Stilling advised that he could request a survey through the Northwest Municipal
Conference to see what limitations or restrictions other Municipalities may have.
Ch. Cesario stated that home day cares have a two (2) year renewal process and asked
if there is a process for renewal. Mr. Stilling advised that they must be in compliance with
the conditions. If there are concerns, staff can have the Planning & Zoning Commission
re-evaluate the day care operation.
Com. Moodhe asked if the Village will charge the license fee back to 2015. Mr. Sheehan
responded no.
RESULT: RECOMMENDATION TO APPROVE [UNANIMOUS]
Next: 10/16/2017 7:30 PM
MOVER: Mitchell Weinstein, Commissioner
SECONDER: Zill Khan, Commissioner
AYES: Moodhe, Cesario, Khan, Lesser, Weinstein, Au
ABSENT: Matthew Cohn, Stephen Goldspiel
Regular Meeting
Other Matters for Discussion
1. Workshop- Proposed Townhome Development at 16051 Deerfield Parkway
(Trustee Stein) (Staff Contact: Chris Stilling)
Mr. Stilling advised that the Developer asked to postpone review by the Planning
& Zoning Commission due to access issues that developed.
2. Workshop- Proposed Shell Gas Station at 185 N Milwaukee (Trustee
Ottenheimer) (Staff Contact: Chris Stilling)
Mr. Ryan Howard, True North Energy, LLC, Mr. Mark Lyden, True North Energy,
LLC and Andrew Johnson, Manhard Consulting, were present and sworn in.
Mr. Howard reviewed the background history of True North Energy, LLC.
Mr. Lyden reviewed the site layout and renderings. They are proposing a 3,500
square foot store with six (6) dispensers, which would be twelve (12) pumps.
There will be two (2) entrance accesses; one (1) off Milwaukee Avenue and one
(1) off Riverwalk Drive. The entrance on Milwaukee will be a right in/right out
only. They will use all natural building materials including brick and limestone on
the building. The roof would be asphalt shingles. There would be a small True
North ID sign on the front of the building and two (2) Shell logo signs on the
canopy. The canopy columns would be brick as well as the enclosure at the back
of the building that would screen the trash dumpster and mechanical units.
Mr. Johnson added that the proposed facility will actually decrease the amount of
impervious surface on the property from what exists now. They will be seeking
setback variations. He also reviewed the access points off Milwaukee Avenue
and Riverwalk Drive.
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Com. Moodhe asked Mr. Johnson if the proposed site plan was developed to
specifically align the Riverwalk Drive access point with the Speedway access
point. Mr. Johnson responded yes. Com. Moodhe also asked about the
anticipated revenue to be generated from this facility. Mr. Lyden advised that
they are taking steps to ensure that revenue projections are accurate once
completed. He also explained why they are attracted to this site. There are no
fueling stations south of Lake Cook Road on Milwaukee Avenue. Also, there are
not a lot of premium brand fuels to choose from along the Milwaukee Avenue
corridor. He believes that the facility will capture tax revenue for the Village.
Com. Moodhe asked staff if there are any drainage issues at this site. Mr.
Sheehan advised that there are no drainage issues. Mr. Stilling added that the
site is located above the floodplain.
Com. Moodhe asked about the underground fuel tanks. Mr. Lyden explained that
there will be two (2) double-walled tanks that will hold up to 15,000 gallons each
and will be continuously monitored.
Com. Khan asked about the Milwaukee Avenue access and if it will be a right
in/right out only. Mr. Johnson explained that is the intent. Com. Khan asked if Mr.
Johnson has approached IDOT yet. Mr. Johnson explained that he has but has
not yet heard back from IDOT. Com. Khan understands that the site is 0.9 acres
and asked how the drainage will be addressed. Mr. Johnson explained that they
would be decreasing the impervious coverage area. Com. Khan confirmed with
Mr. Johnson that they would be improving from the existing site conditions.
Com. Khan asked staff who controls the water and sewer for this site. Mr. Stilling
responded both. The Village controls the water and the Village connects to t he
County sewer system.
Com. Lesser believes that the site was designed very well and appreciates the
attention to detail. He asked what other fueling locations True North Energy
controls and operates. Mr. Howard explained that they currently operate
locations in Naperville, Downers Grove, Libertyville, West Chicago and Elmhurst.
They have been in this market since 2010. They also have many other dealer
locations throughout the State and country. Com. Lesser asked if True North
Energy, LLC is aware that the new Woodman’s going in at the corner of Deerfield
Parkway and Milwaukee Avenue will have a fueling station as well. Mr. Howard
responded that they are fully aware. Com. Lesser asked about electric vehicles
and if they had given any thought to providing that service. Mr. Howard explained
that they anticipate the retail sales to grow in the future and that they will not be
installing charging stations at this time. Com. Lesser asked if there will be an air
station available. Mr. Howard advised that there will be air available.
Com. Moodhe asked about the ground sign. Mr. Howard explained that the
ground sign is still being designed and should be available by the next meeting.
Com. Moodhe asked Mr. Stilling about the existing cell towers on the site. Mr.
Stilling stated that the towers are currently under leases and explained that they
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would need to remain if the leases have not been renewed since the property
was annexed into the Village. The developer is currently reviewing those leases.
Com. Moodhe asked Mr. Johnson if there are any safety concerns with regards
to the existing towers. Mr. Johnson replied there are no concerns. The existing
security fencing will remain around the towers and equipment. Com. Moodhe
asked about the use of the space once the towers are removed. Mr. Stilling
responded that the leases are valid for about another twenty (20) years.
Ch. Cesario asked about the hours of operation. Mr. Howard advised that the
facility would be open twenty four (24) hours a day. They need those hours in
order to generate the revenue and it is safer to be open 24 hours due to the
presence of an employee, vs. during any time period when closed and nobody is
present. The Speedway across the street is open twenty four (24) hours as well.
Ch. Cesario confirmed with Mr. Howard that from Lake Cook Road north,
currently there is only one (1) fueling station on the east side of Milwaukee
Avenue until after Aptakisic Road. This would be the second fueling station on
the east side. On the west side, after the Woodman’s fueling station is
completed, there would be three (3).
Ch. Ceasrio confirmed with Mr. Howard that there will be only one (1) ground
sign. Mr. Howard added that there is currently an Off-Premises ground sign
located near the corner for the Riverwalk development and they are working to
integrate that sign into their ground sign.
There were no additional questions or comments from the Commissioners.
Approval of Minutes
1. Planning and Zoning Commission - Regular Meeting - Sep 6, 2017 7:30 PM
Moved by Com. Moodhe, seconded by Com. Khan, to approve the minutes of the
September 6, 2017 Planning & Zoning Commission regular meeting as
submitted.
RESULT: ACCEPTED [5 TO 0]
MOVER: Adam Moodhe, Commissioner
SECONDER: Zill Khan, Commissioner
AYES: Moodhe, Cesario, Khan, Lesser, Weinstein
ABSTAIN: Amy Au
ABSENT: Matthew Cohn, Stephen Goldspiel
Chairman's Report
Ch. Cesario advised that the Village Board had approved the amendment to the Special Use for
351 Hastings Drive.
Committee and Liaison Reports
None
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Staff Report/Future Agenda Schedule
Mr. Stilling advised the next regular meeting will be held on October 18, 2017. There will be two
(2) public hearings; Plaza Verde West, to re-subdivide that center and K.Karaoke, a Special Use
at Chase Plaza.
Mr. Stilling advised that the third public meeting for the Lake Cook Corridor Project will be held on
October 12, 2017 at the Community Arts Center. This will be an open house format.
Public Comments and Questions
None.
Adjournment
The meeting was adjourned at 8:44 PM
Chris Stilling Director of Community Development
APPROVED BY ME THIS 4th DAY OF October , 2017