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2018-06-20 - Planning and Zoning Commission - Minutes06/20/2018 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, JUNE 20, 2018 Call to Order The meeting was called to order at 7:31 PM by Chairman Frank Cesario Public Hearings/Items For Consideration 1. Consider an Amendment to the Plaza Verde East Planned Development with Variations to the Sign Code for the Property at 1205-1349 Dundee Road (Trustee Stein) (Staff Contact: Chris Stilling) Mr. Lawrence Freedman, 77 W. Washington Street, Chicago, IL 60602; Mr. David Mangurten, KMA & Associates, 1121 Lake Cook Road, Deerfield, IL 60015; and Ms. Lynn Means, Gewalt Hamilton, 625 Forest Edge Drive, Vernon Hills, IL 60061, were present and sworn in. Mr. Freedman represents the owner of the Plaza Verde East Shopping Center. His client has been the owner for some time now and has made most of the recent improvements to the center. He introduced Mr. Mangurten to review the proposal. Mr. Mangurten explained that there are three (3) elements to the request for the amendment to the Planned Unit Development (PUD). He reviewed the existing site conditions. The first element of the amendment is they want to create a parking field in front of the 21,000 square foot retail building. The second element of the amendment is the proposed façade improvements and the third element is the proposed ground sign. The 21,000 square foot retail building has a lot of vacancies and has for a while. Comments that they typically hear back is that there are no convenient parking spaces. Currently, customers have to travel approximately 100 feet to get to the parking lot. They are proposing to remove part of the concrete sidewalk and landscaping and add additional parking stalls. About one half of the new parking stalls will be installed at a 45 degree angle. The other half would be installed at 90 degrees. Then every store will have parking available with 20 feet. The proposed changes to the façade will keep the same column elements and they will add different exterior materials that include concrete panels that simulate wood and also add precast concrete. The facade changes would be on the north, east and west elevations of the building. The final change will include a new ground sign. The existing electronic reader board ground sign has not functioned in years. The new ground sign would allow tenants of the retail building to have visibility along Dundee Road. The new ground sign would incorporate the same materials being used for the façade. They are requesting a variation to the Sign Code to allow for an additional 20 square feet of sign area over what is permitted. Com. Goldspiel is concerned with the proposed parking in front of the retail building. Most shopping centers have fire lanes located directly in front of the building. He asked staff about the standards regarding parking. Mr. Stilling advised that the Fire Department looks at each proposal on a case by case basis. The proposed access would be sufficient. The Fire Department typically does not want their fire equipment to be that close to a building in the event of a fire. The Fire Department had reviewed the proposed amendments are they are fine with it. Com. Goldspiel asked what the separation is between the building and where fire equipment would be staged. Mr. Stilling advised that the separation, which 06/20/2018 is currently about 30 feet, would remain the same with the proposed parking stalls in place. Com. Goldspiel asked Ms. Means to review the traffic study that was conducted. Ms. Means advised that they observed the existing traffic flows on both roads, Dundee Road and Arlington Heights Road. They monitored stacking and observed the traffic at all different times during the day and evening. In general, along Arlington Heights Road, there were typically 2 to 3 cars stacked. The cars never stacked beyond the proposed parking spaces, so there would be no impact. They also calculated future conditions and there appeared to be no interference. Com. Goldspiel asked if having cars back up into the drive aisle will be a hazard. Ms. Means responded no. Some of the proposed parking stalls are angled and some are direct. There will be approximately 17 to 18 feet for cars reach the traffic aisle. Com. Goldspiel asked if vehicles coming out of the parking spaces would impact traffic coming to or from Arlington Heights Road. Ms. Means responded no, there is a loading area and vehicles would not be backing directly into the traffic. Com. Goldspiel advised that when this shopping center was approved in the 1970’s, it was considered to be an upscale center and asked what is being done to account for that. Mr. Freedman responded that the center was originally built over 30 years ago. The center owner has not been able to fill the vacancies largely due to the parking constraints. The proposed amendments will be upgrades to the center. Com. Goldspiel asked the Petitioners to describe the proposed landscaping. Mr. Mangurten reviewed t he proposed landscaping plan, which is included in the packet. Com. Goldspiel asked if the outdoor bench seating will still be available. Mr. Magurten advised that the outdoor benches will largely be replaced with clusters of potted plants. Com. Goldspiel asked if there will be large areas of asphalt in the parking lot that will not be used. He would like to see a better use of the parking lot. Mr. Mangurten stated that the goal is to fill the vacancies and have all the parking spaces in the lot used. Com. Goldspiel reviewed the historic tenants and recounted that those tenants generated more traffic. The types of tenants attracted to the center now are more individual-style uses. Mr. Mangurten advised that there are a couple tenant spaces that are currently under construction; one being a health club. Having more parking available for that use is essential. Mr. Freedman added that they do not feel that the center has an over-abundance of parking at this time. Com. Goldspiel asked if the customers will move in and out of the center more quickly than with the traditional, older tenant uses. Mr. Mangurten responded that there are different types of tenants in the center today. They are also trying to attract more restaurant uses. In addition, patients using DaVita Dialysis typically spend almost half a day there. The mix of tenants is big and they do not know the total mix that there will be in the future.Com. Goldspiel understands the new appearance design and it seems to be an improvement to the center. However, he is concerned that overall this will be a down grade of the center. Mr. Freedman replied that the center is not the same center that it was back in the 1970’s. They feel the proposed improvements will be an upgrade of the current center tailored to today’s market. They need to attract, and retain, tenants. They will be putting landscaping where they can. Com. Goldspiel asked what would indicate that the proposed improvements would make the center better. Mr. Freedman responded that the proposed improvements will be a substantial upgrade to the center. Com. Weinstein asked about any planned repairs to the remainder of the parking lot. Mr. Freedman advised that they will repair the entire lot. Com. Weinstein noted that the proposed façade changes and the proposed ground sign link in appearance, but they would not match the existing outlot buildings. Mr. Mangurten stated that the outlot tenants have their own identity but will eventually match in the future. Com. Weinstein asked about the buildings to the west. Mr. Mangurten advised that the Plaza Verde East center owner does not own the buildings to the west. Com. Khan stated that the parking lot is an eyesore. He is pleased to hear about the upgrades to the parking lot. He has three additional maintenance concerns with the site. There are very large pot holes in the access drive south of the Starbucks off Arlington 06/20/2018 Heights Road. The pot holes were only filled with cold patch. Mr. Freedman advised that they will address that with staff. Com. Khan also noted that there are dead trees located in the islands in the parking lot. He would like those dead trees to be removed or replaced. Mr. Freedman advised that he will also address that concern with staff. Com. Khan also noted that the first 10 to 15 feet of the entrance off Dundee Road has been broken for years. He feels that needs to be addressed as well. Mr. Freedman stated that he will meet with Village staff to address all the concerns mentioned and will make sure that any dead trees on the property will be removed. Com. Khan asked about the proposed pavement markings for the Arlington Heights Road access. Ms. Means replied that they have recommended new pavement markings. Com. Khan asked Ms. Means to explain the thought process behind having the through lane share the right turn lane to Arlington Heights Road. Ms. Means explained that the recommendation made was based on volumes and gap timing. The right turn was not impeded as much with traffic going straight through then if being shared with the left turn lane. Com. Lesser agrees that the owner has made a lot of improvements to the center. He also agrees that the retail environment has changed over the years. The proposed amendments will help. He also shares the same concerns with his fellow Commissioners concerning the parking lot in need of repair. He also agrees with Com. Goldspiel and would like to see some additional landscaping added. He recommended more planters along the building. Parking in front of a building is important. He asked which tenant would be allowed to have panels on the proposed ground sign. Mr. Mangurten explained that the owner can use the tenant panels in lease negotiations to attract tenants to the center. Most likely new tenants would be granted tenant panels on the new ground sign . Com. Lesser stated that he would not want to see tenants that already have visibility from the road to be allowed more signs. He also does not have any issue with the additional sign area being requested. However, he would like to see the sign height reduced. He directed the Petitioner to work with staff to possibly reduce the overall height of the proposed ground sign. He believes the center is moving in a positive direction and is improving. Com. Au appreciates the proposed façade changes and asked if any of the proposed materials would overlap with the existing outlot buildings. Mr. Mangurten advised that the materials would be somewhat similar. Com. Au would like to see somewhat similar. Mr. Stilling provided a material sample board for the Commissioner’s review. Com. Goldspiel asked if the change to the impervious surface coverage would change the stormwater detention. Mr. Freedman responded that there would not be any change to the amount of impervious surface coverage. Com. Khan noted that other centers have had façade and parking lot improvements. Initially he had concerns with those improvements. However, this request is not that different from those and he does not have any issues. Ch. Cesario asked if there would be a change in the height of the buildings due to the façade changes. Mr. Mangurten explained that there would be a slight change in the height due to the materials. The precast concrete would add approximately 2 to 3 feet to the buildings. Mr. Stilling advised that the new height would still meet code. Mr. Mangurten added that the change helps break up the buildings. Ch. Cesario believes that 06/20/2018 the façade changes are visually appealing to him. He also believes that reducing the proposed ground sign to 18 feet in height would be superior. Mr. Freedman reviewed the standards for the variation for the ground sign. The tenants are in need of visibility from the roadway as they are blocked by other buildings. The proposed ground sign would not be more detrimental than what exists now. They are trying to provide visibility for the tenants in the setback buildings. Com. Lesser added that he is not opposed to much of what is being requested. However, some of the hardship and unique circumstances were created by the owner with regards to the outlot buildings. 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 June 20, 2018 as Exhibit 1. The public hearing was closed at 8:36 PM. Mr. Stilling amended Condition number 2 in the staff report to include that the owner shall remove and replace landscaping and complete repairs to the parking lot satisfactory to Village staff. Moved by Com. Weinstein, seconded by Com. Khan, to make a positive recommendation to the Village Board to approve an amendment to the Plaza Verde East Shopping Center planned unit development (PUD) in the B-3 District with a variation to the Buffalo Grove Sign Code, subject to the following conditions: 1. The proposed improvements shall substantially conform to the plans and exhibits attached as part of this petition. 2. The owner shall complete repairs to the existing parking lot for their portion of the Plaza Verde East Shopping Center in a manner acceptable to the Village. Said repairs shall be completed within 6 months from the date of approval of the Ordinance. 3. Any dead trees shall be removed and replaced in a manner acceptable to the Village. 4. Pavement markings will be added to delineate clearly the pro per lane usage at the Arlington Heights Road access point. 5. The Petitioner shall consider an overall sign height of less than 20 feet if the reduced height meets the goals and objectives set forth. Ch. Cesario is comfortable with the request. He feels t hat visibility is reasonable considering the activity on Dundee Road, the size of the property and the setback of the buildings. He believes that the overall increase in the sign area is reasonable. He is comfortable with the traffic study and he believes that these will be an improvement to the center. 06/20/2018 RESULT: RECOMMENDATION TO APPROVE [UNANIMOUS] Next: 7/16/2018 7:30 PM MOVER: Mitchell Weinstein, Commissioner SECONDER: Zill Khan, Commissioner AYES: Cesario, Goldspiel, Khan, Lesser, Weinstein, Au ABSENT: Adam Moodhe, Matthew Cohn 2. Public Hearing- Small Wireless Facility Regulations (Trustee Ottenheimer) (Staff Contact: Chris Stilling) Mr. Stilling was sworn in. Mr. Stilling explained that On April 12, 2018, Governor Bruce Rauner signed SB 1451 (P.A. 100-0585), the Small Wireless Facilities Deployment Act (Act). This Act provides the regulations and process for permitting and deploying small cell wireless facilities throughout Illinois. The new Act restricts the regulatory authority of Illinois municipali ties (including home rule municipalities with the exception of Chicago) over small wireless facilities. The Act will go into effect on June 1, 2018. Municipalities have two months from the effective date to adopt application fees through an ordinance or a written schedule of permit fees. Staff discussed the matter with the Village Board at their May 4th Committee of the Whole. The proposed regulations will require amendments to the Village Zoning Ordinance. As a result, a public hearing is required. It should be noted that staff and the Village Attorney are still working through the changes and the impacts to Village Code. Therefore, staff is recommending that the PZC open the public hearing and allow staff and attorney Raysa to provide some background on the matter and answer any questions. Staff will then recommend that the matter be continued to the July 9th Special PZC meeting to consider the final changes. The law prohibits municipalities from banning, regulating, or charging for the co -location of small wireless facilities in a manner which is inconsistent with the law. It also provides that small wireless facilities are considered "permitted uses" for zoning purposes. It further states that small wireless facilities are not subject to zoning review or approval if they are either (a) co-located in rights of way in any zone or (b) are located outside of rights of way in commercial or industrial zones. However, a municipality can limit the maximum height of a small wireless facility to 10 feet above the utility pole or support structure with a few exceptions. Since the Village regulates all cell devices as special uses in the certain business and industrial districts, we will have to amend our Zoning Ordinance to include this provision. Municipalities may require permits for co-location of a small wireless facility, and can apply generally applicable standards regarding underground requirements, construction standards for rights of way installations, design standards, and other regulations. However, the municipality cannot require as a condition to permitting that the applicant to perform services unrelated to the co-location (i.e., in-kind contributions, reservation of fiber, etc). The municipality also must process applications within the statutory ti me period (30 days to determine if the application is complete; if there is no decision within 06/20/2018 120 days, the application will be deemed approved). The law mandates approval of an application unless it fails to comply with the requirements of the new law. Municipalities can reserve space on utility poles for public safety uses or electric utility uses, but that reservation cannot preclude the co-location of small wireless facilities. Municipalities cannot require the placement of facilities on specific utility poles, or impose minimum horizontal separation distances unless the facility will interfere with public safety communications. Municipalities may charge an application fee, but it cannot exceed $650.00 for the first co-located facility, and $350 for each additional co-located facility. For small wireless facilities that will include the installation of a new utility, the fee can be $1,000. The law limits the amount of “rent” or “license fees” which a municipality can collect for providing space on its own utility poles to $200 per year. Staff answered questions from the Commissioners. There were no questions or comments from the audience. Ch. Cesario entered the Staff Report dated June 20, 2018 as Exhibit 1. Moved by Com. Lesser, seconded by Com. Khan, to Table the public hearing to the July 9, 2019 Special meeting to be held at 7:30 PM in the Council Chambers of the Buffalo Grove Village Hall. RESULT: TABLED [UNANIMOUS] Next: 7/9/2018 7:30 PM MOVER: Scott Lesser, Commissioner SECONDER: Zill Khan, Commissioner AYES: Cesario, Goldspiel, Khan, Lesser, Weinstein, Au ABSENT: Adam Moodhe, Matthew Cohn Regular Meeting Other Matters for Discussion None. Approval of Minutes 1. Planning and Zoning Commission - Regular Meeting - May 2, 2018 7:30 PM Moved by Com. Au, seconded by Com. Weinstein, to approve the minutes of the May 2, 2018 Planning & Zoning Commission meeting as submitted. 06/20/2018 RESULT: ACCEPTED [5 TO 0] MOVER: Amy Au, Commissioner SECONDER: Mitchell Weinstein, Commissioner AYES: Cesario, Goldspiel, Khan, Weinstein, Au ABSTAIN: Scott Lesser ABSENT: Adam Moodhe, Matthew Cohn Chairman's Report None. Committee and Liaison Reports Com. Lesser advised that he attended the June 18, 2018 Village Board meeting. All the members of the Planning & Zoning Commission were re-appointed for a one year term. He also noted that Mr. Louis Schriber spoke to the Village Board under Questions form the Audience. Com. Weinstein noted that he attended the May 21, 2018 Village Board meeting. The Movement & Sound Dance studio was approved. Staff Report/Future Agenda Schedule Mr. Stilling advised that there will be a Special Meeting of the PZC held on July 9, 2018 which will include the small cell public hearing and 2 fence code variations. The Final Plat of Subdivision for Link Crossing should be on the July 18, 2018 PZC agenda. There will also be a training for the Commissioners. Ms. Woods described the training and the facilitators through the Chaddick Institute. The PZC was provided an update on the new Recreations Vehicles regulations and an update on the Prairie View Plan. Public Comments and Questions None. Adjournment The meeting was adjourned at 9:07 PM Chris Stilling APPROVED BY ME THIS 20th DAY OF June , 2018