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2017-10-18 - Planning and Zoning Commission - Agenda Packet Meeting of the Village of Buffalo Grove Planning and Zoning Commission Regular Meeting October 18, 2017 at 7:30 PM Fifty Raupp Blvd Buffalo Grove, IL 60089-2100 Phone: 847-459-2500 I. Call to Order II. Public Hearings/Items For Consideration 1. Consider a Special Use for an Amusement Establishment at 1144 Lake Cook Road (Trustee Stein) (Staff Contact: Chris Stilling) 2. Consider an Amendment to Ordinance 0-71-33 with Variations and a Plat of Subdivision for the Plaza Verde West Shopping Center Located at 1315-1515 W Dundee Road (Trustee Ottenheimer) (Staff Contact: Chris Stilling) III. Regular Meeting A. Other Matters for Discussion B. Approval of Minutes 1. Planning and Zoning Commission - Regular Meeting - Oct 4, 2017 7:30 PM C. Chairman's Report D. Committee and Liaison Reports E. Staff Report/Future Agenda Schedule F. Public Comments and Questions IV. Adjournment The Planning and Zoning Commission will make every effort to accommodate all items on the agenda by 10:30 p.m. The Board, does, however, reserve the right to defer consideration of matters to another meeting should the discussion run past 10:30 p.m. The Village of Buffalo Grove, in compliance with the Americans with D isabilities Act, requests that persons with disabilities, who require certain accommodations to allow them to observe and/or participate in this meeting or have questions about the accessibility of the meeting or facilities, contact the ADA Coordinator at 459-2525 to allow the Village to make reasonable accommodations for those persons. Updated: 10/13/2017 10:16 AM Page 1 Action Item : Consider a Special Use for an Amusement Establishment at 1144 Lake Cook Road Recommendation of Action Staff recommends approval, subject to conditions in the attached staff report. The Petitioner, Lakenya Reid, owner of the business, is proposing to operate an amusement establishment, K. Karaoke at 1144 Lake Cook Road within the Chase Plaza Shopping Center. This vacant space is 1,375 square feet in size and will be used a karaoke venue where individuals or groups will compete against each other and a prize is awarded to the winning performer/team. Pursuant to the Zoning Ordinance, amusement establishments are a special use in the B-3 District. ATTACHMENTS:  Staff Report (DOCX)  Petitioner Information (PDF) Trustee Liaison Staff Contact Stein Chris Stilling, Community Development Wednesday, October 18, 2017 2.1 Packet Pg. 2 VILLAGE OF BUFFALO GROVE PLANNING & ZONING COMMISSION STAFF REPORT MEETING DATE: October 18, 2017 SUBJECT PROPERTY LOCATION: 1144 Lake Cook Road PETITIONER: Lakenya Reid PREPARED BY: Christopher Stilling, Director of Community Development REQUEST: Petition to the Village of Buffalo Grove for a Special Use to allow an amusement establishment within the B-3 Zoning District PUD. EXSITING LAND USE AND ZONING: The property is improved with the existing Chase Plaza Shopping Center and is currently zoned B-3 Planned Unit Development (PUD). COMPREHENSIVE PLAN: The approved Village Comprehensive Plan calls for this property to be commercial. PROJECT OVERVIEW The Petitioner, Lakenya Reid, owner of the business, is proposing to operate an amusement establishment, K. Karaoke at 1144 Lake Cook Road within the Chase Plaza Shopping Center. This vacant space is 1,375 square feet in size and will be used a karaoke venue where individuals or groups will compete against each other and a prize is awarded to the winning performer/team. The business will host three sessions on Friday and Saturday evenings at 6:30 p.m.-8:00 p.m.; 8:30 p.m.- 10:00 p.m. and 10:30 p.m.-12:00 a.m. Each session will accommodate between 20 and 30 guests at a time. There will be 3 employees during operating hours. As noted within the petitioner’s letter, the business will not sell any food or drink. Pursuant to the Zoning Ordinance, amusement establishments are a special use in the B-3 District. PLANNING, ZONING, AND ENGINEERING ANALYSIS Proposed Use The concept is for the participants to compete against each other individually, or as a group. Each session lasts 90 minutes and reservations are not required. Hours of operation will be 6:30 p.m. to 12:00 a.m. on Friday and Saturday evenings only to start. If business picks up Sundays may be added. There will be no food or drink sold. Existing Use and Surrounding Uses The building and tenant space is located within the Chase Plaza Shopping Center. This property is zoned B-3 PUD and 2.1.a Packet Pg. 3 At t a c h m e n t : S t a f f R e p o r t ( 2 1 0 9 : C o n s i d e r a S p e c i a l U s e f o r a n A m u s e m e n t E s t a b l i s h m e n t a t 1 1 4 4 L a k e C o o k R o a d ) the existing uses are a mixture of retail and service uses. The petitioners requested use is compatible with the adjacent uses which include a physical therapy office and retail stores. The proposed use is consistent with the other currently established uses in the B-3 Zoning District. Parking Based upon the Village Zoning Ordinance, the parking requirements for an entertainment use group would be 1 parking space for every 2.5 seats. Based upon the owner’s information that at any one time there will be a maximum of 33 people occupying the business (30 customers and 3 employees) the parking requirements for this use would be a total of 14 parking spaces. The Chase Plaza Shopping Center has 315 parking spaces available in both the front and rear of the shopping center as shown on the drawing above. The intended hours for this use would be at a time when the other adjacent uses would have little traffic generated. Consequently, staff feels that parking will not be problematic. DEPARTMENTAL REVIEWS The Police Department reviewed this use and had no specific issues. The facility would be required to follow Village curfew requirements. The Building and Zoning Division has reviewed the proposed use and notes that the Illinois State Plumbing Code will require that the facility add a second washroom. Based upon the facilities provided, the use would have a maximum occupancy of 50 persons at any one time. STANDARDS Pursuant to the Zoning Ordinance, the proposed use does require a Special Use in the Business District. The petitioner’s responses to the Special Use criteria are listed below (In Bold): 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; The business shall serve the public convenience at the location of the subject property. The karaoke business is meant to improve morale through teamwork and healthy competition. Therefore, it will not be detrimental to, or endanger, the public health safety, morals, comfort or general welfare. 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; The business location and size is such that it will not be disruptive in any way to the current flow of the area. The Karaoke business is a very nimble business in the fact that its basis is music and music is always changing and growing with society. Therefore the business will work in harmony with all existing businesses and new businesses. 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 2.1.a Packet Pg. 4 At t a c h m e n t : S t a f f R e p o r t ( 2 1 0 9 : C o n s i d e r a S p e c i a l U s e f o r a n A m u s e m e n t E s t a b l i s h m e n t a t 1 1 4 4 L a k e C o o k R o a d ) district, nor substantially diminish and impair other property valuations with the neighborhood; The business will not in any way be injurious to any other property in the immediate vicinity. The business will increase property values by alleviating a long time vacant location and will bring new life to surrounding businesses by attracting n ew clientele. 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; The business will not negatively affect any development or use of the adjacent land and buildings. 5. Adequate utilities, access roads, drainage, and/or other necessary facilities have been or will be provided; The karaoke business does not require any additional utilities, other than the utilities that are currently present and available on the site. 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. There will be ample parking available during the peak hours of business. There will also not be high turnover of customers as the entertainment lasts an hour, which will not cause constant traffic of customers. Based upon the foregoing statements, staff finds that the petitioner has met the required standards for the special use. PUBLIC COMMENTS Pursuant to Village Code, the contiguous property owners were notified and a public hearing sign was posted on the subject property. The posting of the public hearing sign and the mailing of the notifications were both completed within the required timeframe. As of the date of this report, the Village has received one inquiry from an adjacent business owner inquiring as to what the special use was. No other inquiries or comments have been received. STAFF RECOMMENDATION Staff recommends approval of a Special Use Ordinance, subject to the follow conditions: 1. The facility shall be limited to a maximum occupancy of fifty (50) persons. 2. A second accessible washroom is required for this use. This washroom shall be added prior to occupancy. 3. The special use as an amusement establishment is granted to Lakenya Reid and said special use does not run with the land. 2.1.a Packet Pg. 5 At t a c h m e n t : S t a f f R e p o r t ( 2 1 0 9 : C o n s i d e r a S p e c i a l U s e f o r a n A m u s e m e n t E s t a b l i s h m e n t a t 1 1 4 4 L a k e C o o k R o a d ) 4. The special use granted to Lakenya Reid 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. ACTION REQUESTED The Planning & Zoning Commission (PZC) shall open the public hearing and take public testimony and the PZC shall then make a recommendation to the Village Board. 2.1.a Packet Pg. 6 At t a c h m e n t : S t a f f R e p o r t ( 2 1 0 9 : C o n s i d e r a S p e c i a l U s e f o r a n A m u s e m e n t E s t a b l i s h m e n t a t 1 1 4 4 L a k e C o o k R o a d ) 2.1.b Packet Pg. 7 At t a c h m e n t : P e t i t i o n e r I n f o r m a t i o n ( 2 1 0 9 : C o n s i d e r a S p e c i a l U s e f o r a n A m u s e m e n t E s t a b l i s h m e n t a t 1 1 4 4 L a k e C o o k R o a d ) 2.1.b Packet Pg. 8 At t a c h m e n t : P e t i t i o n e r I n f o r m a t i o n ( 2 1 0 9 : C o n s i d e r a S p e c i a l U s e f o r a n A m u s e m e n t E s t a b l i s h m e n t a t 1 1 4 4 L a k e C o o k R o a d ) 2.1.b Packet Pg. 9 At t a c h m e n t : P e t i t i o n e r I n f o r m a t i o n ( 2 1 0 9 : C o n s i d e r a S p e c i a l U s e f o r a n A m u s e m e n t E s t a b l i s h m e n t a t 1 1 4 4 L a k e C o o k R o a d ) Updated: 10/13/2017 10:27 AM Page 1 Action Item : Consider an Amendment to Ordinance 0-71-33 with Variations and a Plat of Subdivision for the Plaza Verde West Shopping Center Located at 1315-1515 W Dundee Road Recommendation of Action Staff recommends approval, subject to conditions in the attached staff report. The Plaza Verde West Shopping Center was approved by the Village in 1971 via Ordinance O-71-33. The original Ordinance granted the approvals for the entire Plaza Verde Shopping Center (east and west) and the properties were subsequently sold to separate owners. The petitioner recently acquired the Plaza Verde West shopping center and is seeking to make enhancements to the landscaping and signage. Furthermore, the petitioner is looking to resubdivide the lot. Because the original plat of subdivision was part of the original Ordinance, the amendment is required. ATTACHMENTS:  Staff Report (DOCX)  Narrative (PDF)  Preliminary Plat (PDF)  Plans (PDF)  Standards (PDF)  O-71-33 (PDF) Trustee Liaison Staff Contact Ottenheimer Chris Stilling, Community Development Wednesday, October 18, 2017 2.2 Packet Pg. 10 VILLAGE OF BUFFALO GROVE PLANNING & ZONING COMMISSION STAFF REPORT MEETING DATE: October 18, 2017 SUBJECT PROPERTY LOCATION: 1315-1515 W Dundee Road, Buffalo Grove, IL PETITIONER: EP SEF III PV, LLC (Elmdale Partners, LLC) PREPARED BY: Christopher Stilling, Director of Community Development REQUEST: Petition to the Village of Buffalo Grove for a plat of subdivision and an amendment to B3 Planned Business Center District Ordinance 0-71-33 with the following variations: 1. Variation to Section 17.44.040 of the Buffalo Grove Zoning Ordinance reducing the required rear yard buffer; and 2. Variation to Section 14.16.060 of the Buffalo Grove Sign Code to allow for the replacement of an existing freestanding sign. EXSITING LAND USE AND ZONING: The property is improved with the 56,000 square foot shopping center with outlots and zoned B3. COMPREHENSIVE PLAN: The approved Village Comprehensive Plan calls for this property to be Commercial. PROJECT BACKGROUND The Plaza Verde West Shopping Center was approved by the Village in 1971 via Ordinance O- 71-33. The original Ordinance granted the approvals for the entire Plaza Verde Shopping Center (east and west) and the properties were subsequently sold to separate owners. The petitioner recently acquired the Plaza Verde West shopping center and is seeking to make enhancements to the landscaping and signage. Furthermore, the petitioner is looking to resubdivide the lot. Because the original plat of subdivision was part of the original Ordinance, the amendment is required. PLANNING & ZONING ANALYSIS Existing Property  The existing shopping center includes 4 buildings totaling approximately 56,000 square feet. 2.2.a Packet Pg. 11 At t a c h m e n t : S t a f f R e p o r t ( 2 1 1 0 : C o n s i d e r a n A m e n d m e n t t o O r d i n a n c e 0 - 7 1 - 3 3 a n d a P l a t o f S u b d i v i s i o n f o r P l a z a V e r d e W e s t )  2 of the buildings are standalone users (Bank of America and Astoria Banquets). The other 2 buildings on the west side of the lot contain multiple users including the existing Burger King restaurant.  While the overall development mostly conforms to the B3 bulk regulations, the existing property has a 10’ landscaped buffer along the rear property line. B3 regulations require a 12’ buffer. As a result, the variation is required. Plat of Subdivision  The petitioner is proposing to resubdivide the existing parcel into 3 lots. The petitioner has indicated that the purpose of the subdivision is to create outlots for the existing Bank of America and Burger King.  Lot 1 will include the existing Astoria banquet facility and the 2 existing multi-tenant buildings on the west side of the lot.  Lot 2 will only include the existing Burger King restaurant and associated parking.  Lot 3 will include the existing Bank of America. Landscape Improvements  The petitioner is proposing improvements to the existing landscaping.  These improvements include new plantings in the landscape islands and new foundation plantings around the pedestrian areas of the development.  The petitioner has already resurfaced the existing parking lot and replaced large amounts of concrete curb and sidewalk. Parking  The existing shopping center has 246 parking spaces.  Based on the existing uses, a total of 222 parking spaces are required.  The proposed site will include the required covenants and cross parking/access easements to allow for shared parking. Signage  As part of the improvements to the center, the petitioner is proposing enhancements to the existing freestanding sign located between the Burger King parking lot and Bank of America.  The proposed new sign would be 16’ high and 96 square feet in area. While the proposed sign would meet Village Code as it pertains to size, it would exceed the maximum height by 1’ (15’ high is allowed). Staff would recommend that the proposed sign be reduced in size by 1’ to meet Village Code.  In terms of location, Village Code requires that the sign be setback 25’ from the front lot line. The existing sign is setback approximately 20’ from the lot line. Rather than granting the Variation, staff recommends that the sign be moved back a minimum of 5’ to meet Village Code. This will also ensure that there will be no line of site issues with the sign and the existing sidewalk.  The sign code requires that all freestanding signs be separated a minimum of 150’ from existing freestanding signs on the same side of the street. The existing Burger King sign to the west is located approximately 60’ away from the freestanding sign. Therefore, a variation is required. Staff does support this variation. 2.2.a Packet Pg. 12 At t a c h m e n t : S t a f f R e p o r t ( 2 1 1 0 : C o n s i d e r a n A m e n d m e n t t o O r d i n a n c e 0 - 7 1 - 3 3 a n d a P l a t o f S u b d i v i s i o n f o r P l a z a V e r d e W e s t ) Variations The following is a summary of the requested variations: Zoning Ordinance A Variation to Section 17.44.040 of the Buffalo Grove Zoning Ordinance reducing the required rear yard buffer. The existing property has a 10’ landscaped buffer along the rear property line. B3 regulations require a 12’ buffer. As a result, the variation is required. Staff supports the required relief. Sign Code Variation to Section 14.16.060 of the Buffalo Grove Sign Code to allow for the replacement of an existing freestanding sign. The sign code requires that all freestanding signs be separated a minimum of 150’ from existing freestanding signs on the same side of the street. The existing Burger King sign to the west is located approximately 60’ away from the freestanding sign. Therefore, a variation is required. Staff does support this variation. DEPARTMENTAL REVIEWS Village Department Comments Engineering The Village Engineer has reviewed the proposed plans and has no specific comments regarding the preliminary plans. Fire Department The Fire Department has reviewed the proposed plans and does not have any objections. SURROUNDING PROPERTY OWNERS Pursuant to Village Code, the contiguous property owners were notified and a public hearing sign was posted on the subject property. The posting of the public hearing sign and the mailed notifications were completed within the prescribed timeframe as required. As of the date of this Staff Report, the Village received several calls from residents inquiring about the notice. STANDARDS In order to receive approval for a variation, the petitioner must address the following standards for a variation: Zoning Code Variation Standards 1. The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations of the zoning district in which it is located except in the case of residential zoning districts; 2. The plight of the owner is due to unique circumstances; 3. The proposed variation will not alter the essential character of the neighborhood. The petitioner has provided a response to the standards (attached). 2.2.a Packet Pg. 13 At t a c h m e n t : S t a f f R e p o r t ( 2 1 1 0 : C o n s i d e r a n A m e n d m e n t t o O r d i n a n c e 0 - 7 1 - 3 3 a n d a P l a t o f S u b d i v i s i o n f o r P l a z a V e r d e W e s t ) Sign Code Variation Standards A. Except for Prohibited signs (Chapter 14.32), the Village Planning & Zoning Commission may recommend approval or disapproval of a variance from the provisions or requirements of this Title subject to the following: 1. The literal interpretation and strict application of the provisions and requirements of this Title would cause undue and unnecessary hardships to the sign user because of unique or unusual conditions pertaining to the specific building, parcel or property in question; and 2. The granting of the requested variance would not be materially detrimental to the property owners in the vicinity; and 3. The unusual conditions applying to the specific property do not apply generally to other properties in the Village; and 4. The granting of the variance will not be contrary to the purpose of this Title pursuant to Section 14.04.020 B. Where there is insufficient evidence, in the opinion of the Planning & Zoning Commission, to support a finding under subsection (A), but some hardship does exist, the Planning & Zoning Commission may consider the requirement fulfilled if: 4. The proposed signage is of particularly good design and in particularly good taste; and 5. The entire site has been or will be particularly well landscaped. The petitioner will respond to the standards at the public hearing. STAFF RECOMMENDATION Staff recommends approval of the plat of subdivision and an amendment to B3 Planned Business Center District Ordinance 0-71-33 with variations subject to the following conditions: 1. The proposed development shall substantially conform to the plans attached as part of this petition. 2. The final plat of subdivision shall be revised in a manner acceptable to the Village Attorney. 3. The Declaration of Easements, Covenants, Conditions and Restrictions shall be revised in a manner acceptable to the Village Attorney. 4. Any future redevelopment of lots 1, 2 and 3 shall be subject to the review and approval by the Village. 5. The proposed freestanding sign shall be revised in a manner acceptable to the Village. The sign shall be setback a minimum of 25’ from the front lot line and shall not create a line of sign issue. ACTION REQUESTED The Planning & Zoning Commission (PZC) shall open the public hearing and take public testimony concerning the request. The PZC shall make a recommendation to the Village Board. 2.2.a Packet Pg. 14 At t a c h m e n t : S t a f f R e p o r t ( 2 1 1 0 : C o n s i d e r a n A m e n d m e n t t o O r d i n a n c e 0 - 7 1 - 3 3 a n d a P l a t o f S u b d i v i s i o n f o r P l a z a V e r d e W e s t ) 2.2.b Packet Pg. 15 At t a c h m e n t : N a r r a t i v e ( 2 1 1 0 : C o n s i d e r a n A m e n d m e n t t o O r d i n a n c e 0 - 7 1 - 3 3 a n d a P l a t o f S u b d i v i s i o n f o r P l a z a V e r d e W e s t ) 2.2.b Packet Pg. 16 At t a c h m e n t : N a r r a t i v e ( 2 1 1 0 : C o n s i d e r a n A m e n d m e n t t o O r d i n a n c e 0 - 7 1 - 3 3 a n d a P l a t o f S u b d i v i s i o n f o r P l a z a V e r d e W e s t ) 2.2.c Packet Pg. 17 At t a c h m e n t : P r e l i m i n a r y P l a t ( 2 1 1 0 : C o n s i d e r a n A m e n d m e n t t o O r d i n a n c e 0 - 7 1 - 3 3 a n d a P l a t o f S u b d i v i s i o n f o r P l a z a V e r d e W e s t ) 2.2.d Packet Pg. 18 At t a c h m e n t : P l a n s ( 2 1 1 0 : C o n s i d e r a n A m e n d m e n t t o O r d i n a n c e 0 - 7 1 - 3 3 a n d a P l a t o f S u b d i v i s i o n f o r P l a z a V e r d e W e s t ) 2.2.d Packet Pg. 19 At t a c h m e n t : P l a n s ( 2 1 1 0 : C o n s i d e r a n A m e n d m e n t t o O r d i n a n c e 0 - 7 1 - 3 3 a n d a P l a t o f S u b d i v i s i o n f o r P l a z a V e r d e W e s t ) 2.2.e Packet Pg. 20 At t a c h m e n t : S t a n d a r d s ( 2 1 1 0 : C o n s i d e r a n A m e n d m e n t t o O r d i n a n c e 0 - 7 1 - 3 3 a n d a P l a t o f S u b d i v i s i o n f o r P l a z a V e r d e W e s t ) 2.2.e Packet Pg. 21 At t a c h m e n t : S t a n d a r d s ( 2 1 1 0 : C o n s i d e r a n A m e n d m e n t t o O r d i n a n c e 0 - 7 1 - 3 3 a n d a P l a t o f S u b d i v i s i o n f o r P l a z a V e r d e W e s t ) 2.2.f Packet Pg. 22 At t a c h m e n t : O - 7 1 - 3 3 ( 2 1 1 0 : C o n s i d e r a n A m e n d m e n t t o O r d i n a n c e 0 - 7 1 - 3 3 a n d a P l a t o f S u b d i v i s i o n f o r 2.2.f Packet Pg. 23 At t a c h m e n t : O - 7 1 - 3 3 ( 2 1 1 0 : C o n s i d e r a n A m e n d m e n t t o O r d i n a n c e 0 - 7 1 - 3 3 a n d a P l a t o f S u b d i v i s i o n f o r 2.2.f Packet Pg. 24 At t a c h m e n t : O - 7 1 - 3 3 ( 2 1 1 0 : C o n s i d e r a n A m e n d m e n t t o O r d i n a n c e 0 - 7 1 - 3 3 a n d a P l a t o f S u b d i v i s i o n f o r 2.2.f Packet Pg. 25 At t a c h m e n t : O - 7 1 - 3 3 ( 2 1 1 0 : C o n s i d e r a n A m e n d m e n t t o O r d i n a n c e 0 - 7 1 - 3 3 a n d a P l a t o f S u b d i v i s i o n f o r 2.2.f Packet Pg. 26 At t a c h m e n t : O - 7 1 - 3 3 ( 2 1 1 0 : C o n s i d e r a n A m e n d m e n t t o O r d i n a n c e 0 - 7 1 - 3 3 a n d a P l a t o f S u b d i v i s i o n f o r 2.2.f Packet Pg. 27 At t a c h m e n t : O - 7 1 - 3 3 ( 2 1 1 0 : C o n s i d e r a n A m e n d m e n t t o O r d i n a n c e 0 - 7 1 - 3 3 a n d a P l a t o f S u b d i v i s i o n f o r 2.2.f Packet Pg. 28 At t a c h m e n t : O - 7 1 - 3 3 ( 2 1 1 0 : C o n s i d e r a n A m e n d m e n t t o O r d i n a n c e 0 - 7 1 - 3 3 a n d a P l a t o f S u b d i v i s i o n f o r 10/4/2017 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, 2016 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. 3.B.1 Packet Pg. 29 Mi n u t e s A c c e p t a n c e : M i n u t e s o f O c t 4 , 2 0 1 7 7 : 3 0 P M ( A p p r o v a l o f M i n u t e s ) 10/4/2017 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 Home 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. 3.B.1 Packet Pg. 30 Mi n u t e s A c c e p t a n c e : M i n u t e s o f O c t 4 , 2 0 1 7 7 : 3 0 P M ( A p p r o v a l o f M i n u t e s ) 10/4/2017 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. 3.B.1 Packet Pg. 31 Mi n u t e s A c c e p t a n c e : M i n u t e s o f O c t 4 , 2 0 1 7 7 : 3 0 P M ( A p p r o v a l o f M i n u t e s ) 10/4/2017 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 special 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. 3.B.1 Packet Pg. 32 Mi n u t e s A c c e p t a n c e : M i n u t e s o f O c t 4 , 2 0 1 7 7 : 3 0 P M ( A p p r o v a l o f M i n u t e s ) 10/4/2017 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. 3.B.1 Packet Pg. 33 Mi n u t e s A c c e p t a n c e : M i n u t e s o f O c t 4 , 2 0 1 7 7 : 3 0 P M ( A p p r o v a l o f M i n u t e s ) 10/4/2017 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 the 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 3.B.1 Packet Pg. 34 Mi n u t e s A c c e p t a n c e : M i n u t e s o f O c t 4 , 2 0 1 7 7 : 3 0 P M ( A p p r o v a l o f M i n u t e s ) 10/4/2017 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 just as safe to stay open twenty four (24) hours then to be closed. 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 3.B.1 Packet Pg. 35 Mi n u t e s A c c e p t a n c e : M i n u t e s o f O c t 4 , 2 0 1 7 7 : 3 0 P M ( A p p r o v a l o f M i n u t e s ) 10/4/2017 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 3.B.1 Packet Pg. 36 Mi n u t e s A c c e p t a n c e : M i n u t e s o f O c t 4 , 2 0 1 7 7 : 3 0 P M ( A p p r o v a l o f M i n u t e s )