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2018-01-03 - Planning and Zoning Commission - Minutes01/3/2018 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, JANUARY 3, 2018 Call to Order The meeting was called to order at 7:30 PM by Chairman Frank Cesario Public Hearings/Items For Consideration 1. Consider an Amendment of Village Ordinance 2015-47 to Allow for a Name Change for 55 Dundee Road (Trustee Stein) (Staff Contact: Chris Stilling) Mr. Sheehan explained in 2014, the Village Board approved Ordinance 2014-56 granting a rezoning and special use for the Buffalo Grove Auto Center and Car Wash to Regina Melman. In 2015, the Village Board approved Ordinance 2015-47 granting an additional special use for the ability to sell up to seven (7) used automobiles on the property. Ordinance 2015-47 was specifically granted to certain business entities and individuals. The current property owner, Regina Melman, has notified the Village that her tenant Randhir Patel of APR Car Wash Inc. is no longer operating the business (car wash, auto repair and auto sales) and that she will be taking over all operations. Although Ordinance 2015-47 specifically granted rights to Regina Melman of EDR Unique LLC, she is changing the business entity name to BG Auto Inc./D.B.A EDR Auto Sales. As a result of the change, an amendment to Ordinance 2015-47 is required. The business will continue to operate the same businesses under the same conditions. This is a name change only. Therefore, staff did not feel the need to have the Petitioner present. However, she was more than willing to show up. Mr. Stilling added that conditions D and E of Ordinance 2015-47 will also be included among the conditions staff outline in its recommendation. Com. Cohn asked staff why the Petitioner was not present and if the car wash operations will continue at the site. Mr. Sheehan advised that the business’s use and operations will continue as they exist. The reason the Petitioner is not present is that staff did not feel if was necessary for the Petitioner to attend. Com. Moodhe asked if the business name will be changed to EDR Auto Sales. Mr. Sheehan stated that only the d/b/a name is changing to keep the auto sales separate from the other business operations at the site. Com. Moodhe is concerned that the business will change from BG Auto Care to Auto Sales. Mr. Stilling referred to the original special use that was granted under 2014-56 and when Mr. Patel came in requested to allow some auto sales. Ms. Melman made a major investment in the auto repair facility and the car wash and just wants to continue to have the ability to sell a few used cars. Com. Moodhe understood that request at the time; however he is concerned about th e sign that could be put up. Mr. Stilling understands Com. Moodhe's concern but explained that the Village cannot regulate signage content. Com. Moodhe understands the auto care part of the business but the auto sales is a different business model. Mr. Stilling responded that the auto sales are an ancillary use to the auto care business. Com. Khan asked Mr. Stilling if there will only be the two (2) conditions as listed in the Staff Report. Mr. Stilling explained that the two (2) conditions are relative to the name 01/3/2018 change only and that conditions D and E of Ordinance 2015-47 should be added to the draft Ordinance. Com. Cohn asked staff about Ordinance 2015-47 and the owner of the property, Regina Melman and EDR Unique LLC. The tenant was APR Car Wash, Inc. He asked if staff knows how the sign reads currently. Mr. Sheehan responded that the sign currently says BG Auto Care. Com. Cohn asked about the new sign. Mr. Sheehan has not seen a new sign. It may be the electronic sign that Com. Cohn is referring to. C om. Cohn asked if the sign will say BG Auto Sales. Mr. Sheehan stated that they do have a changeable copy sign that they could any number of things on. Com. Cohn does not want to see the business change from its current operations. If the sign changes from BG Auto Care to Auto Sales, it will effectively change the business. There were no additional questions or comments from the Commissioners. There were no questions or comments from the audience. Ch. Cesario entered the Staff Report dated January 3, 2018 as Exhibit 1. The public hearing was closed at 7:44 PM. Moved by Com. Khan, seconded by Com. Cohn, to recommend to the Village Board to approve the amendment to Ordinance 2015-47, subject to the following conditions: 1. The special use granted to BG Auto, Inc. D/B/A EDR Auto Sales is assignable to subsequent petitioners seeking assignment of this special use as follows: i. 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. ii. 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. 2. The maximum number of vehicles for sale on the property shall not exceed seven (7) vehicles. Said vehicles shall be stored in accordance with the approved site plan as identified as Exhibit C in Ordinance 2015-47. 3. The Petitioner shall use printed signs and not hand written signs advertising automobiles for sale. 4. The Petitioner and the Property Owner shall comply with all State of Illinois statutes and regulations pertaining to the sale of used automobiles. 01/3/2018 Com. Cohn wants to make sure that the Village Board is comfortable and ensure that this property is not slowly morphing into a used car lot and that the use stays with the original intent of the Ordinance. RESULT: RECOMMENDATION TO APPROVE [UNANIMOUS] Next: 1/22/2018 7:30 PM MOVER: Zill Khan, Commissioner SECONDER: Matthew Cohn, Commissioner AYES: Moodhe, Cesario, Cohn, Goldspiel, Khan, Lesser ABSENT: Mitchell Weinstein, Amy Au 2. Consider a Special Use and Variation for Buffalo Grove High School at 1100 W Dundee (Trustee Stein) (Staff Contact: Chris Stilling) Com. Goldspiel recused himself from this agenda item due to his son being on staff at Buffalo Grove High School. Mr. Ted Birren, Director of Operations, High School District 214, 2121 S. Goebbert Road, Arlington Heights, IL 60005, was present and sworn in. Mr. Birren explained that Township High School District 214 (District 214) is proposing an addition, along with other improvements, to the existing Buffalo Grove High School located at 1100 W Dundee Road. They want to begin the project in 2018 and they estimate completion in 2018. The following is a summary of the new improvements: Building Addition • District 214 is proposing an 8,500 square foot addition to the 296,000 square foot existing high school building that has a height of 40 feet tall. • The addition will be used for fine arts classes and activities. • It will be located on the grassy area the southwest corner of the building and not be displacing any parking spaces. • The addition will be 34 feet tall at its highest point. The addition’s height as well as its materials (steel frame, concrete block, face brick and metal panel fascia) will match the existing high school building. The proposed addition meets all bulk standards. District 214 is also proposing several improvements to the existing accessory structures. The following is a brief summary of those improvements Ticket Booth/Bathroom • District 214 is proposing a new ticket booth and bathroom building that is 41’-3” by 24’-9” and 12’ tall. It will be located north of the stadium entrance. This type of structure is considered an accessory structure in the Village’s Zoning Code and meets all bulk standards. • The bathrooms associated with this improvement will not be serviced by a public sewer. The bathrooms will have a holding tank which will be serviced regularly. Staff has 01/3/2018 reviewed this item and finds that it may be permitted provided that District 214 receives a MWRD and IEPA permit. Furthermore, approval from the Regional Office of Education will also be required. Approvals and permits from these entities will be a condition. Storage Buildings Two new storage facilities on the baseball diamonds are also being proposed. One storage facility will be 16’ by 30’ and 12’6” tall. The other will be 16’ by 24’ and 12’6” tall. This type of structure is considered an accessory structure in the Village’s Zoning Code and meets all bulk standards. Com. Lesser asked about the proposed toilet facilities that are being added to the stadium that will not be connected to the sewer system. He asked if they understand that they need the necessary approvals from the IEPA or other regulatory agencies that oversee that. Mr. Kevin Camino, Eriksson Engineering, explained that the plan for the concession/restroom building is to install a holding tank. The Code is not clear if this is allowed. He has contacted the State of Illinois and has not yet heard back. So they are waiting for confirmation. If the holding tank is not allowed, they will have no choice but to connect to the sanitary sewer, which is over 400 feet away from the building. Com. Lesser was curious as to why this method was chosen in lieu of connecting to the Village sewer. Mr. Camino explained that it is due to the cost since the sewer line is over 400 feet away. Mr. Stilling advised that the Village’s preference is to connect to the Village sewer and technically our Health Code requires it. Com. Lesser confirmed with the Petitioner that the existing parking on the site will not be affected. He also asked if there are any safety concerns regarding the work to be done. Mr. Birren responded no. The work being done is similar to work that has been done in the past at the school and all other District 214 buildings. They rely on their contractors to comply with all safety requirements. Com. Lesser clarified that he was referring to encroachments into required setbacks. Mr. Birren advised that the addition will be located within the required setback s. The variations are for existing encroachments. Com. Khan advised that in 1994 when he and wife were looking to buy a home, they told the realtor that they are looking for a home where the schools are top notch. They did their research and found their home in Buffalo Grove. Both their daughters went to Buffalo Grove High School. He is very pleased they made the decision to buy their home in Buffalo Grove. Buffalo Grove High School is very good. He has very high regard for this school. With regards to the holding tank, where is the nearest point to make a connection of the sewer to the building. The building cannot be 400 feet away from where the proposed bathrooms will be located. Mr. Birren stated that the closest location is to the sewer line located at Dundee Road. Mr. Camino added that the sewer line in the building is too shallow. Com. Khan asked if the Petitioner wants to have the one-time charge to install the sewer line or have many costs over many years with pumping the tank. The cumulative costs could be offset by the initial install cost. Mr. Birren advised that their option would be to go all the way to Dundee Road. The cost comparison of the pump out costs compared to the installation costs shows that the lines would not converge until about 25 years from now. Com. Khan believes that if the sewer line is available, it is mandatory to connect to it. However he will leave that decision to Village staff. Com. Khan asked Ms. Woods about the parking information provided in the Staff Report compared to the letter provided by District 214. Mr. Stilling advised that he provided the number in the Staff Report and it was just a ballpark. Com. Khan asked how the Petitioner will be compensating for the stormwater management with the proposed addition. Mr. Birren advised that the area is not that large and they will be putting in volume control under the parking lot located next to the proposed addition. There is also additional retention in the lower parking lot. Com. Khan advised that since they will be 01/3/2018 disturbing the area they will need to advise the Metropolitan Water Reclamation District. Mr. Birren advised that they will be submitting to the Water Reclamation District and the Village Engineer will need to sign off as well. Com. Moodhe asked if the area behind the proposed addition, which presently houses the holding area for the auto shop, will still be there. Mr. Birren advised that the holding area will remain and they took that into consideration when designing the addition. Com. Moodhe asked staff about the existing bleachers being out of compliance and if there is something that the Planning & Zoning Commission needs to do. Mr. Stilling responded no, District 214 will ultimately be responsible to follow the zoning regulations. Even though they do not need to get building permits from the Village, they are still responsible to follow the zoning regulations. So if there are any amendments or changes to those bleachers they would have to submit it to the Village for review. The ADA improvements that they are making are nominal and are intended to bring the bleachers closer into compliance. Staff did not feel the changes necessitated the need for a variation. Com. Moodhe asked if the Village needs to worry about the other setbacks. The school has been there for a long time. Mr. Stilling advised that this is similar to what was done with Aptakisic School. The building may have conformed at one time under prior zoning ordinances. Ch. Cesario stated that the proposal is very modest. It is an 8,500 square foot addition on a nearly 300,000 square foot building. The height of the proposed addition is 34 feet and the height of the existing school building is 40 feet. The addition would not project any closer to Dundee Road than the existing building. He is comfortable with the proposed addition. There were no additional questions or comments from the Commissioners. There were no questions or comments from the audience. Ch. Cesario entered the Staff Report dated January 3, 2018 as Exhibit 1. Mr. Birren appreciates the partnership with the Village and looks forward to moving forward with the project. The public hearing was closed at 8:11 PM. Moved by Com. Khan, seconded by Com. Moodhe, to recommend to the Village Board to approve the special use and variations subject to the following conditions: 1. The proposed development shall substantially conform to the plans attached as part of this petition. 2. Final engineering shall be revised in a manner acceptable to the Village Engineer. 3. Approval from MWRD, IEPA and the Regional Office of Education shall be obtained for the proposed holding tank. 01/3/2018 4. A final plat of subdivision consolidating all the lots shall be submitted in a manner acceptable to the Village. RESULT: RECOMMENDATION TO APPROVE [5 TO 0] Next: 1/22/2018 7:30 PM MOVER: Zill Khan, Commissioner SECONDER: Adam Moodhe, Commissioner AYES: Moodhe, Cesario, Cohn, Khan, Lesser ABSTAIN: Stephen Goldspiel ABSENT: Mitchell Weinstein, Amy Au 3. Consider an Amendment to Chapter 17.36 Zoning Ordinance and Section 8.24.170 of the Buffalo Grove Municipal Code Concerning RV Regulations (Trustee Ottenheimer) (Staff Contact: Chris Stilling) Christopher Stilling, Director of Community Development; Nicole Woods, Village Planner; and Brian Sheehan, Building Commissioner, were present and sworn in. Mr. Stilling advised the Planning & Zoning Commission (PZC) that the final version of the draft Ordinance concerning RV regulations is being presented to the PZC for review and recommendation. The proposed regulations are pretty much unchanged since the last workshop, except for the implementation date, which is proposed in the draft Ordinance as June 1, 2018. That will give staff time to canvass the Village and give notice to the residents that are found to currently have RVs. Com. Lesser asked about the highlight and strikeout draft Ordinance. Mr. Stilling advised that the strikeout portion is the current Ordinance and since this would be codified, the highlight and strikeout version assists MuniCode in making the changes. Com. Moodhe asked if this revision addresses commercial vehicles. Mr. Sheehan advised that commercial vehicles are addressed under a different section of the current Code. There were no additional questions or comments from the Commissioners. There were no questions or comments from the audience. Ch. Cesario entered the Staff Report dated December 21, 2017 as Exhibit 1. The public hearing was closed at 8:16 PM. Moved by Com. Khan, seconded by Com. Lesser, to recommend to the Village Board to approve the amendments to Chapter 17.36 and Section 8.24.170 of the Buffalo Grove Municipal Code concerning Recreational Vehicles. 01/3/2018 RESULT: RECOMMENDATION TO APPROVE [UNANIMOUS] Next: 1/22/2018 7:30 PM MOVER: Zill Khan, Commissioner SECONDER: Scott Lesser, Commissioner AYES: Moodhe, Cesario, Cohn, Goldspiel, Khan, Lesser ABSENT: Mitchell Weinstein, Amy Au Regular Meeting Other Matters for Discussion None. Approval of Minutes 1. Planning and Zoning Commission - Regular Meeting - Dec 6, 2017 7:30 PM Com. Cohn clarified his comment in the December 6, 2017 minutes found on page 42 of the packet, last paragraph, third and fourth line, where stated that he agrees that the development should be age-restricted. The proposal was not presented as age-restricted. He believes that he said that if the developer believes the product can sell to the 55 and older market then they should put their money where their mouth is and to sell it as an age-restricted community. RESULT: ACCEPTED AS AMENDED [UNANIMOUS] MOVER: Adam Moodhe, Commissioner SECONDER: Zill Khan, Commissioner AYES: Moodhe, Cesario, Cohn, Goldspiel, Khan, Lesser ABSENT: Mitchell Weinstein, Amy Au Chairman's Report None. Committee and Liaison Reports None. Staff Report/Future Agenda Schedule Mr. Stilling advised that the January 17, 2018 agenda will have two public hearings. One for a wall sign for Amita Health at 600 Lake Cook Road and one for a change of ownership for the Special Use granted for Rockin Jump, 950 Busch Parkway. Staff will also present and update on the Lake Cook Corridor project. Mr. Stilling also advised that the tentative date for the 2018 Volunteer Reception is February 11, 2018 and will be held at the Wild Buffalo Restaurant. Public Comments and Questions None. 01/3/2018 Adjournment The meeting was adjourned at 8:22 PM Chris Stilling Director of Community Development APPROVED BY ME THIS 3rd DAY OF January , 2018