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2018-09-05 - Planning and Zoning Commission - Minutes09/5/2018 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, SEPTEMBER 5, 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 a Variation for a Fence in the Corner Side Yard at 2044 Jordan Terrace (Trustee Stein) (Staff Contact: Chris Stilling) Mr. Sam Brown, 2044 Jordan Terrace, was present and sworn in. Mr. Brown explained he is requesting to replace his existing fence along Jordan Terrace. The original fence was installed twenty-three years ago. The proposed fence is identical in height to the existing fence and the same style. The existing fence has deteriorated and is falling apart. Com. Goldspiel asked if the proposed fence will match the existing fence exactly. Mr. Brown responded yes. Com. Goldspiel asked about the loop in the fence on the south side of the house. Mr. Brown advised that the loop is not on the street side but it is a gate and dog run. Ch. Cesario asked if the proposed fence will be the same height and style as the existing fence. Mr. Brown stated that the proposed fence is as close and he can get to the existing fence. The new fence will beautify the area. Ch. Cesario asked staff if any inquiries were received. Ms. Akash advised that staff received one call, but the caller had no comments on the request. Ch. Cesario stated that the need for the request is due to the fact that the Fence Code had changed since the existing fence was installed. 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 September 5, 2018 as Exhibit 1. The public hearing was closed at 7:36 PM. Moved by Com. Weinstein, seconded by Com. Moodhe, to grant a variation to Fence Code, Section 15.20.040.B for 2044 Jordan Terrace, subject to t he following condition: 1. The fence shall be installed in accordance with the documents and plans submitted as part of the petition. 09/5/2018 Com. Goldspiel stated that he supports the motion. The proposed fence will maintain the current situation. Ch. Cesario believes this is a responsible request. He likes the lower fence height. It does not create a tunneling affect. RESULT: APPROVED [UNANIMOUS] MOVER: Mitchell Weinstein, Commissioner SECONDER: Adam Moodhe, Commissioner AYES: Moodhe, Cesario, Cohn, Goldspiel, Lesser, Weinstein, Au ABSENT: Zill Khan 2. Consider a A Special Use for Outdoor Storage at 355 Hastings Drive (Trustee Stein) (Staff Contact: Chris Stilling) Mr. Thomas Koenig, Koenig Storage and Moving, Inc., 355 Hastings Drive, was present and sworn in. Mr. Koenig explained that he is competing directly with PODS and other similar businesses. He is requesting outside storage for empty units. The proposed outdoor storage area is 2,400 square feet of empty and unused dock area on the northeast corner of the building. He would have no more than fourteen empty units stored in this area, which would be screened by an eight foot fence. Com. Goldspiel asked how tall the units are. Mr. Koenig stated that the units are eight feet in height. Com. Goldspiel asked if the units would be stored directly on the dock. Mr. Koenig advised that the units in this dock area will be slightly lower than the proposed fence screening as the dock area dips down. Com. Goldspiel asked about moving the units in and out of the area. Mr. Koenig stated that there will not be any stacking of the units in the outdoor storage area and that the units move very easily. Ch. Cesario asked if the Petitioner thought about enclosing this area. Mr. Koenig replied that he has not. The building is thirty feet tall and he is only leasing the space. Com. Weinstein asked about customers units and how they will be stored. Mr. Koenig advised that there are two drive-in docks that will be used. Com. Cohn asked what will be kept inside the building. Mr. Koenig stated that all units being used by customers will be kept inside the building. Only empty units will be stored outside. Com. Moodhe asked about the height of the berm. Mr. Koenig is not sure. There is a detention pond to the east. Com. Moodhe asked about the distance between the railroad tracks and the building. Mr. Koenig believes there is approximately a five hundred foot separation. Com. Moodhe asked if the Petitioner anticipates double-stacking the units. Mr. Koenig responded no. Com. Weinstein asked if the proposed fence screening is part of the petition. Mr. Stilling advised that the fence screening is required by Code. 09/5/2018 Ch. Cesario asked staff if any inquiries were received. Ms. Akash responded no. 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 September 5, 2018 as Exhibit 1. The public hearing was closed at 7:44 PM. Moved by Com. Weinstein, seconded by Com. Moodhe, to make a positive recommendation to the Village Board to approve the Special Use at 355 Hastings Drive for outside storage in the Industrial District, subject to the following conditions: 1. The project shall conform to the plans attached as part of the petition. 2. The petitioner shall have a maximum of 14 outdoor units stored outside in accordance to the plans submitted as part of this petition. 3. The special use is granted to Koenig Storage and Moving, Inc. d/b/a Units of Northwest Chicago and said special use does not run with the land. 4. The special use granted to Koenig Storage and Moving, Inc. d/b/a Units of Northwest Chicago may be assignable to subsequent petitioners seeking assignment of this special use as follows: i. Upon application of a petition seeking assignment of this special use, the Village of Buffalo Grove, in their sole discretion, may approve the assignment administratively, or may refer it to the Planning & Zoning Commission and/or the Village Board for a public hearing ii. Such assignment shall be valid only upon the written approval of the Village of Buffalo Grove granting said assignment, which may be granted or denied for any reason. Com. Goldspiel stated that he is usually hesitant to approve such requests. However, surrounding properties would not be impacted. This is an industrial area. The request will work as it has been proposed. Ch. Cesario agrees with Com. Goldspiel. The outdoor storage area is tucked away and isolated. This was a simple way to accomplish the goal. He is supportive of the request. 09/5/2018 RESULT: RECOMMENDATION TO APPROVE [UNANIMOUS] Next: 9/17/2018 7:30 PM MOVER: Mitchell Weinstein, Commissioner SECONDER: Adam Moodhe, Commissioner AYES: Moodhe, Cesario, Cohn, Goldspiel, Lesser, Weinstein, Au ABSENT: Zill Khan 3. Consider an Amendment to Ord. 2006-7 with Variations for a New Gas Station at 185 N Milwaukee Avenue (Trustee Ottenheimer) (Staff Contact: Chris Stilling) Mark Lyden, President, True North Energy, 10346 Brecksville Road, Brecksville, OH 44141; Ryan Howard, COO, True North Energy, 10346 Brecksville Road, Brecksville, OH 44141; Andrew Johnson, Manhard Consulting, 900 Woodlands Parkway, Vernon Hills, IL 60061; and Luay Aboona, Kenig, Lindgren, O’Hara, Aboona, Inc., 9575 West Higgins Road, Rosemont, IL 60018, were present and sworn in. Mr. Lyden reviewed the presentation agenda and presented a short video to the Planning & Zoning Commission (PZC). Mr. Lyden reviewed the site plan of the proposed gas station development. Currently the site consists of a Korean restaurant. Since the prior workshop before the PZC, they have revised the layout of the site. The proposal now includes the Village vacating a portion of the St. James Circle right-of-way to the east and the sale of that right-of-way to True North Energy. The addition of the right-of-way land allows them to space out the fueling islands. This would provide more safety and require less setback variations. There currently are existing cell towers on the site. Those cell towers would remain until their leases expire. The leases would not be renewed. The revised site plan would meet the parking requirements for the site. The site would include a 3,500 square foot contemporary building constructed of brick, stone and limestone. The site would contain twelve fueling pumps with a brick Shell canopy. The site would have LED lighting both inside the building and outside. The site would contain an all concrete lot. There would not be any asphalt on the site. A cross-access agreement would be included for the property to the south for future development of that parcel. The brick canopy has an upscale look and entices the entire site. The proposed ground sign would not be located at the intersection corner due to the existing off-premises ground sign for Riverwalk and would be located at the south end of the property. The proposed development would not alter the essential characteristics of the neighborhood. The proposed building elevations were reviewed as well as the proposed HVAC and trash screening. Mr. Howard reviewed the financial benefits of the proposed development. The project would create a projected annual tax revenue to the Village of approximately $150,000.00 to $220,000.00, dependent on the price of fuel. The site would operate 24/7. They would be required to sell beer and wine to compete with neighboring businesses. True North Energy is a responsible liquor license holder and has a zero tolerance policy. If any employee is found to violate local or store policies, that employee is terminated. They employ a third party company to ensure compliance. The site in Buffalo Grove was selected because it fits with the branding of the company. There are no premium gas brands along the Milwaukee corridor in Buffalo Grove. The area to the south of Lake Cook Road is also underserved. The nearest station is five and a half miles away. To the north, there are two Speedway gas stations and the new Woodman’s station. The Woodman’s station is not directly located off Milwaukee Avenue and caters to the shopper and is not a direct competitor. The nearest premium gas station to the north is the Shell station located at Aptakisic and Milwaukee Avenue, which is located in 09/5/2018 Lincolnshire. They feel that they will be capturing a unique customer base. The proposed development is better than what exists today. The development will maintain and enhance the neighborhood. The site has many unique circumstances, including the existing cell towers and the prior agreement to allow the off-premises ground sign at the corner. They would not place a sign on top of that existing ground sign. The site is valuable to the Village. They believe the proposed development is safe and beneficial to the Village. Com. Goldspiel asked about the term and meaning of “premium gas”. Mr. Howard explained that a premium brand gas, such as Shell, has a detergent added that is higher than more brands and increases in the premium grade gas. That attracts higher demographic customers. A lower cost gas is made the cheapest way possible. They believe they will offer a better shopping experience to their customers. Com. Goldspiel asked about the vacating of the street. Mr. Stilling responded that St. James Circle is unimproved right-of-way that was platted about one hundred years ago. Parts of St. James Circle have previously been vacated for the Riverwalk Apartments. The Village would relocate any easements or utilities located in the right-of-way. Com. Goldspiel asked about the cross-access. Mr. Stilling reviewed page 77 of the packet which depicts a proposed retail building and parking. A cross-access agreement would allow access to the light at the intersection from the parcel to the south. Com. Goldspiel asked Mr. Aboona if the traffic study showed any adverse effect to traffic on either Milwaukee Avenue or Riverwalk Drive. Mr. Aboona responded no. Most traffic would travel through the right-in and right-out access to Milwaukee Avenue. The intersection is a traffic light. That traffic would be affected by the timing of the light. He does not anticipate any issues. Com. Goldspiel asked if the study anticipated more traffic being generated from the development. Mr. Aboona explained that gas stations draw from existing traffic. Most customers will use the right-in and right-out access. However a few will use the traffic light. They anticipate traffic will remain balanced. Com. Goldspiel asked if the traffic study included any added traffic if the parcel to the south is developed. Mr. Aboona responded they did not specifically include any additional traffic generated from the south parcel. Com. Goldspiel asked if the traffic on Riverwalk Drive would be adversely affected during rush hours. Mr. Aboona explained that Milwaukee Avenue gets the majority of the green light. Traffic during the day and evening rush hours gets a li mited green light from Riverwalk Drive. Most vehicles would only have to wait one light cycle. Com. Goldspiel asked if the access drive from the site to Riverwalk Drive is lined up with North Riverwalk Drive. Mr. Aboona responded yes, it would align with North Riverwalk Drive. Com. Au asked about the location of the proposed ground sign and if the Petitioner foresee and issues with southbound Milwaukee Avenue traffic not being able to see it. Mr. Howard responded that they do not anticipate any visibility issues with southbound Milwaukee Avenue traffic. The bigger concern is visibility to traffic on Riverwalk Drive. Com. Lesser likes the proposed development. He believes it is attractive. However, he is at a loss on how the proposed development will not be a cannibalization of sales to existing businesses. Mr. Howard responded that they would be competing with the Speedway located across the street, but they would draw their customers from the area. The premium brand will capture customers since they are a major brand oil company. There will be limited cannibalization. Com. Lesser advised that he seeks out Shell gas for his vehicle. However, the argument that the proposed development would not cannibalize the market is hard for him to believe. Mr. Howard responded that the proposed station will not specifically draw customers from far away, but some drivers will keep traveling in search of a premium brand. If they were a low cost provider, that would be more of a cannibalization. Com. Lesser believes that the proposed development would pick up traffic going northbound on Milwaukee Avenue. 09/5/2018 Com. Moodhe asked the Petitioner about the cross-access to the parcel to the south and if the Petitioner intended to purchase that parcel. Mr. Howard responded that they do not intend to purchase the parcel to the south. Mr. Stilling explained that the cross -access would be available for any future development of the parcel to the south and the additional parcels south of that. Com. Moodhe asked if the parcel to the south contained the existing billboard. Mr. Stilling responded no, the billboard is further south than that. Com. Moodhe asked the Petitioner if the fuel storage tanks would be located on the east side of the development site. Mr. Lyden responded yes. Com. Moodhe asked about the delivery schedule. Mr. Lyden explained that they intend for the trucks to enter through the right-in off Milwaukee Avenue. Once deliveries are complete, they intend the trucks to exit off the access drive to Riverwalk Drive. That would allow the trucks to go either north or south on Milwaukee Avenue. Com. Moodhe expressed concern about keeping the access drive open. Mr. Lyden responded that they will do their best to keep the access drive open. Com. Moodhe asked about the trash pickup. Mr. Howard described how the trucks would navigate the site. Com. Weinstein understands that Shell is a premium brand and asked if their gas prices would be higher than or the same as Speedway. Mr. Howard responded they would be priced competitively with Speedway. It is about perception. They respect Speedway, which is a corporation also based out of Ohio, but that gas is not as clean. Com. Weinstein asked about the proposed landscaping plan. Mr. Howard explained that the proposed plan is representative of what the final landscaping will be. Com. Weinstein asked about the ground sign and related variations. Mr. Howard explained that the proposed ground sign would meet the setback requirement. The electronic fuel price elements are typical for industry standard. However, due to the sign location, it is important to be able to see the price from the intersection. Com. Weinstein asked Mr. Howard if the size of the proposed fuel price elements are industry standard. Mr. Howard responded they are standard for Shell. Com. Lesser asked staff about the existing sales in the area and if any studies have been done. Mr. Stilling responded that a study would not provide a definitive forecast and, by law, that is proprietary information. He believes there will be a net increase in sales. Com. Lesser wondered if that increase would be due to additional sales or taken from existing Buffalo Grove businesses. Com. Goldspiel asked if the setback could be increased along Riverwalk Drive. Mr. Howard responded no. They are purchasing the vacated right-of-way to add safety and maneuverability to the site. Com. Goldspiel asked about the landscaping and the trees along Milwaukee Avenue. Mr. Johnson explained that the final landscaping will need to be approved by the Village Engineer as there are specific requirements that must be met. Mr. Howard added that there will be more greenspace on the proposed site than what exists now. Com. Moodhe asked about the placement of fire hydrants. Mr. Johnson reviewed the proposed utility and lighting plans that were included in the packet. Ch. Cesario reviewed the B3 requirements vs. the proposed development, as shown on page 26 of the packet. He asked staff if the irregular shape of the parcel is at play. Mr. Stilling responded yes. Ch. Cesario asked the Petitioner about where they anticipate employees parking. Mr. Howard responded that some employees may use public 09/5/2018 transportation or be dropped off and picked up. Employees that drive will utilize the furthest parking spots from the doors. He added that most customers tend to park at the pumps. Ch. Cesario asked staff about the required parking. Mr. Stilling advised that the development will be deficient four parking spaces. However staff does not have a concern as he agreed that a lot of people will park at the pumps. Ch. Cesario confirmed that there is not a storm-water concern since the proposed development will contain ten percent less impervious surface than it does currently. He asked the Petitioner how many corners have gas stations located across from each other. Mr. Howard responded that it is not atypical to have stations across from each other. Ch. Cesario stated that it is approximately eight to nine miles to the next gas station on the east side of Milwaukee Avenue. He believes this is a nice project for this location. Com. Au asked staff if there have been any inquiries. Mr. Stilling responded only the Speedway and Riverwalk office. Mr. Lyden added that Speedway is a Marathon Oil Company based out of Ohio. True North Energy is also based out of Ohio. 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 September 5, 2018 as Exhibit 1 and the video presented by the Petitioner as Exhibit 2. The public hearing was closed at 8:49 PM. Moved by Com. Weinstein, seconded by Com. Lesser, to make a positive recommendation to the Village Board to approve the amendment to Ordinance 2006-7 for a new Automobile Service Station in the B3 Planned Business District with variations to the Buffalo Grove Zoning Ordinance and Sign Code, subject to the following conditions: 1. The proposed development shall be developed in substantial conformance to the plans attached as part of the petition. 2. The final engineering plans shall be submitted in a manner acceptable to the Village. 3. Fire hydrant locations shall be reviewed and approved by the Fire Department. 4. A final plat of subdivision shall be revised in a manner acceptable to the Village. The plat shall include a cross access easement to the property immediately to the south of site in a manner and form acceptable to the Village. 5. The existing water and sanitary sewer service for the restaurant shall be properly abandoned per Village requirements. 09/5/2018 6. Prior to the issuance of a building permit, the petitioner shall grant the necessary easements to allow for future shared cross access to the property immediately to the south of site in a manner and form acceptable to the Village. 7. The final landscape plan shall be revised in a manner acceptable to the Village. 8. An IDOT permit shall be obtained prior to the issuance of a Certificate of Occupancy. 9. The plat of vacation shall be revised in a manner acceptable to the Village. The ter ms and conditions associated with the vacation of the St. James Circle shall be approved by the Village Board. 10. All terms and conditions associated with Ordinance 2006-7 shall remain in effect, except for those which may be amended as part of this petition. Com. Weinstein is in favor of the proposed development. The site has specific limitations. This would be an upgrade in appearance and would be a welcome addition to the Village. Com. Moodhe is pleased with the reduction of impervious surface and believes this is a great improvement over the existing site. Com. Goldspiel supports the proposal. This is a difficult site. The setback losses are offset by the design. He supports the request. Ch. Cesario believes that the proposed development is the best use and is an upgrade to the existing site. RESULT: RECOMMENDATION TO APPROVE [UNANIMOUS] Next: 9/17/2018 7:30 PM MOVER: Mitchell Weinstein, Commissioner SECONDER: Scott Lesser, Commissioner AYES: Moodhe, Cesario, Cohn, Goldspiel, Lesser, Weinstein, Au ABSENT: Zill Khan Regular Meeting Other Matters for Discussion None. Approval of Minutes 1. Planning and Zoning Commission - Regular Meeting - Aug 15, 2018 7:30 PM Moved by Com. Lesser, seconded by Com. Moodhe, to approve the minutes of the August 15, 2018 regular Planning & Zoning Commission meeting as submitted. 09/5/2018 RESULT: ACCEPTED [5 TO 0] MOVER: Scott Lesser, Commissioner SECONDER: Adam Moodhe, Commissioner AYES: Moodhe, Cesario, Goldspiel, Lesser, Weinstein ABSTAIN: Matthew Cohn, Amy Au ABSENT: Zill Khan Chairman's Report None. Committee and Liaison Reports Com. Cohn advised that he attended the August 20, 2018 Village Board meeting. There were no referrals to the Planning & Zoning Commission. The ground sign for Bucky's, 10 W. Dundee Road was approved and a Certificate of Acceptance was approved for Easton Station. Ch. Cesario added that the Bucky's sign was reduced in size to meet code prior to being presented to the Village Board and the only variation needed was for the sign setback. Com. Au is scheduled to attend the September 17, 2018 Village Board meeting. Staff Report/Future Agenda Schedule Mr. Stilling advised that the September 19, 2018 regular Planning & Zoning Commission meeting will be cancelled. The next regular meeting will be held on October 3, 2018. There may be a couple items on that agenda. Mr. Stilling reminded the PZC about the Special meeting for training on October 30, 2018. Public Comments and Questions None. Adjournment The meeting was adjourned at 8:55 PM Chris Stilling APPROVED BY ME THIS 5th DAY OF September , 2018