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2007-07-18 - Plan Commission - Minutes Board or Commission: ❑ Plan Commission Document Type: 0 A e g nda 0 Minutes Meeting ate: 07/18/2007 Type of Meeting: PUBLIC HEARING BUFFALO GROVE PLAN COMMISSION July 18, 2007 Proposed Berenesa Plaza (Ventrella property), Northwest and Southwest Corners of Deerfield Parkway and Milwaukee Avenue,Approval of a Preliminary Plan and business Planned Unit Development (PUD) in the B-3 Planned Business Center District and Office & Research District including Appearance package for initial phase of the development Chairman Ottenheimer called the hearing to order at 7:35 p.m. in the Village Council Chambers, Buffalo Grove Municipal Building, 50 Raupp Boulevard, Buffalo Grove, Illinois. Chairman Ottenheimer read the Notice of Public Hearing as published in the Buffalo Grove Daily Herald, explained the procedure to be followed for the public hearing, and swore in all persons who wished to give testimony. Commissioners present: Chairman Ottenheimer Mr. Smith Ms. Bocek Mr. Khan Mr. Teplinsky Mr. Stark Mr. Cohn Commissioners absent: Mr. Podber Also present: Mr. Ken Kuchler, Milwaukee Deerfield North LLC Mr. Peter Uliasz, OKW Architects Mr. Michael Caldwell, Marchris Engineering Ltd. Mr. Steve Frishman, Mid-America Real Estate Corporation Ms. DeAnn Glover, Village Trustee Mr. Richard Kuenkler, Village Engineer Mr. William Raysa, Village Attorney Mr. Robert Pfeil, Village Planner The following exhibits were presented by the petitioner at the public hearing: Exhibit A: Aerial photo of existing conditions at Milwaukee Avenue/Deerfield Parkway Exhibit B: Aerial photo of adjacent zoning Exhibit C: Geometric Plan dated June 26, 2007 Exhibit D: Site diagrams Exhibit E: Landscape Plan Exhibit F: Detailed Landscape Plan Exhibit G: West and east Pedestrian Focal Areas Exhibit H: Utility Plan Group Exhibit I: Memo to the Plan Commission from Robert Pfeil dated July 13, 2007 and July 17, 2007 Exhibit J: Grading Plan of Preliminary Engineering Plan Mr. Ken Kuchler introduced the development team and stated they are proposing an exciting mixed use development that will be good for the Village and the retailers and restaurants that will be in the development. Mr. Michael Caldwell stated the development is located on the southern portion of the intersection of Milwaukee and Deerfield. The project is approximately 24.9 acres. 17 plus acres are on the northern portion of the project and 6 acres are on the southern portion of the project. Currently the site is part of what was once called Barclay Station and this is the last piece of that development. This was intended to be a commercial district since the inception of that plan. Mr. Caldwell reviewed the adjacent zoning noting the border of Buffalo Grove is on the southern edge of the project extending east/west. The area to the south is unincorporated Lake County and the area to the west is Riverwoods. There is a multi high density residential to the west as well and the ponds that were constructed as part of the overall Barclay Station development. There is R-2 zoning directly to the south of the project and there is general commercial district county zoning on the south along Deerfield. Mr. Caldwell noted their plan is a multi use retail development showing restaurant areas off to the east along Milwaukee Avenue. The central portion of the development is retail and there are retail and restaurant areas along Deerfield Parkway. He noted it is a good symbiotic mix within the development. There is also the medical office building and another office building that will provide people that will use the retail areas and restaurant areas. In addition they think the hotel mixed with the restaurant and retail will bring more types of people into the development and they will feed off of each other to create a more successful development. Mr. Caldwell noted the main access to the development from Deerfield Parkway which is a planned traffic signal with left turn lane treatments to allow for access. They also have a right in, right out on the northern portion of the development on Milwaukee Avenue. They are also proposing a right out on Milwaukee Avenue to IDOT. IDOT has approved the location and they hope to get this approved. They have also sent this plan into Lake County which has indicated they will look favorably on the proposed traffic signal. In addition to the full access and the right in, right out they are proposing to put a right out heading westbound on Deerfield Parkway and a right in from eastbound Deerfield Parkway to service the development as well. Mr. Caldwell stated they have asked for variations on this development which includes: 1. Reduction in the number of stacking spaces for the bank 1. Reduction in the number of stacking spaces for the drive-thru use on retail D He noted they had specified a restaurant use and have anticipated a maximum of approximately a 2,500 foot sandwich shop type restaurant or possibly a coffee service type restaurant. However, it could be any kind of potential user and they feel that six stacking spaces would be enough and they do not want more than that as they also have a delivery area here as well. 1. Canopies from the bank and drugstore will extend slightly over the 50 foot building setback along the southern portion of the property Mr. Caldwell addressed the criteria for the special use indicating: 1. The special use and this development will benefit the public and will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare. 1. The location and size and intensity of the special use will not be an impediment or be a detriment to the surrounding area or the Village or its neighbors. It is appropriate and will work in harmony with the overall development. This plan was always intended since inception to have a development of this type on this location. 1. It will not be injurious nor will it impact the immediate vicinity. In addition they are providing per Village code a board on board 6 foot fence and any appropriate landscaping areas 1. 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 accordance with the zoning districts within which they lie. 1. The special uses and variations will have adequate utilities and access roads and drainage as well as utilities. 1. No reduction is being requested for parking areas and they have parking in excess of Village code for all of the uses on the site. Mr. Peter Uliasz stated the design intent of the project is to focus into the center of the project and create an urban center that has street frontage on both Milwaukee and Deerfield where the buildings will front both streets as well as focus on the inside to the center object building to create this "rainbow" plan. Mr. Uliasz stated they have taken great pains in landscaping the site to help reflect some of the things they are trying to do. There are some key entry points into the site and they have lined the site at the entries with boulevard type plantings. In the sidewalk pedestrian access areas they have created extensive landscaping which helps to pull through the entire site as well as a destination at the restaurants. On the south side they have similar landscaping both in the front of the parkway and inside of the site. On the south side of the site they have a 12 foot landscaped buffer that will also have a 6 foot board on board fence. They also have a great deal of landscaping on Milwaukee Avenue. There will be a landscaped feature and signage for the Village and the center. There is a large landscaped plaza between the two restaurant areas that allows everyone in the site to have a place to sit underneath some trellises. Mr. Uliasz reviewed the detailed landscaping plan which will be done in the primary phase. It is the ring access drive at retail A and the Advocate medical building to the west side of the site. He further noted all the trash at retail A is hidden in the building on the north side. Mr. Uliasz reviewed the west and east pedestrian focal areas. At the corner of the site at the Advocate building they have a great deal of landscaping in the front of the shop areas and again they have created an area with some benches for sitting and looking at the detention pond. On the east side of the site is a great plaza on the east side of the side complete with a water feature, trellises, seating, ornamental trees and shrubs, shade trees and the potential for some outdoor seating. Mr. Uliasz noted the goal of the project is to create the infrastructure necessary to support all the sites within the site. Therefore the first goal is to get the access drive with all the utilities in there. From the drive they are able to feed all the internal buildings as they come on board. Also in the first phase would be the Advocate site as well as the retail A site on the north side of the site. As tenants come on board they will continue with the phases and they will go through the ART for each site. Mr. Uliasz stated they have submitted architectural review guidelines and signage guidelines that have the mandatory materials that are required and architectural discussion about breaking the buildings up and highlighting entry features and so on as well as signage criteria that will limit the amount of signage and the type of signage the tenants will be allowed to have. Mr. Caldwell reviewed the utility plan noting they are breaking the development along with the phasing as described previously. Rather than having to build the entire stormsewer at one time or all the sanitary at one time, they will construct it in phases also. The ring road will be the first thing to be built and it will have the main water system connected to it. It will be a loop system and whenever the southern portion gets constructed they will put a loop water system along there as well. He noted they have made sure that the fire hydrants have a 250 radius coverage so that each building is covered as required. As each portion of the construction comes in they will be including a hydrocarbon removal device to meet the Lake County criteria. There will be a number of these devices constructed so that they filter out hydrocarbons and oils off of the pavement prior to the stormwater getting into any adjacent detention facilities or retention ponds. With regard to the overall stormwater plan, they are meeting the pervious/impervious ratio is being met as required per the Barclay Station development that was previously presented to the Village when all of the retention facilities were designed. There was about 18 plus acres of impervious area on the overall development. Mr. Caldwell reviewed the traffic study which they submitted to the Village after being reviewed by the Village's traffic consultant. The Village traffic consultant's overall report seems to agree with the final results they had. It did have some comments on truck access coming out of the development and they will make adjustments to same. The Village traffic consultant did indicate the intersection at Deerfield Parkway and Milwaukee Avenue is at a very poor level of service. They have indicated the level of service a D and the Village's traffic consultant rated it as F. Mr. Caldwell stated the result is a really poor intersection now. They can only stress that the overall plan has always been zoned as commercial and one of the things they are providing to alleviate any impacts that this plan may cause is to make sure they have protected turn lanes. The right turn lane off of Deerfield will be beneficial for the development and for the overall traffic patterns they are providing a right turn lane treatment coming off of Milwaukee Avenue into the site. The Village's traffic consultant had noted that the main impediment to improving this intersection was the lack of an additional through lane on Deerfield Parkway. That is obviously something that the County and the Villages of Deerfield and Riverwoods will have to work on together. Commissioner Teplinsky asked about the decrease in stacking from 10 vehicles to 6 vehicles and asked if this may become a problem if the character of the retail changes from what is assumed to come in. Mr. Caldwell stated they will be limiting the size of this tenant to 2,500 square feet and they feel that will limit the type of use that will come in there. They anticipate the heaviest user at that location will be something like a Quiznos or a Subway or Dunkin Donuts. Commissioner Teplinsky asked for more specific information about the phasing plan. Mr. Uliasz stated what they need to do first whether or not the whole project is done at one time or in phases is to get the infrastructure in place. The developer has committed a major amount of funds for that purpose. In terms of the timing for the other phases they are pretty close to getting some other tenants on board. Mr. Frishman noted at this point primarily the groups they have talking to have been on the restaurant route. The site plan is pretty self explanatory as to what uses they are intending where. The types of restaurants they are looking to bring in are a way to attract different retailers. Generally they are working with a large Mexican restaurant, a brew pub; a breakfast based restaurant, and a higher caliber restaurant as well as a family themed restaurant. Commissioner Teplinsky noted that one thing we don't want to see a medical building and a hotel as the only things for a long time. He asked if at least some restaurant component would be happening sooner rather than later. Mr. Frishman stated they are moving along with that and they have targeted the retail B in the middle to be a larger home furnishings type of retailer. Retail A at the north end will probably be more service oriented retail. Commissioner Bocek asked what the square footage on the medical building would be. Mr. Caldwell stated the square footage would be 34,000 square feet. Commissioner Bocek asked if only the office and medical building would be the only two that would not be reverse rush hour traffic. Mr. Caldwell noted the office building on the north is actually listed under general office and would be more of the rush hour type. However, the medical building would be more of the opposite with people coming throughout the day as it is more of a service type business. This will be much less dense when it comes to the workers. He noted they have calculated it more along the denser lines in their traffic report so that they have actually been more conservative. Commissioner Bocek asked if they will wait on construction until they have all of the aces in place for the different phases. She noted her biggest concern is building A because it has no visibility or limited street visibility from Milwaukee. Mr. Kuchler stated the first building phase will be the medical and retail A. When they get leases in place for the restaurants they will be moved into that phase. However, until something is signed those are the only two things they are committing to in the first phase. Mr. Frishman stated the limited visibility to Milwaukee is a valid point but he believes that based on the overall design of the center will flow much more internal driving the traffic to the inside. Anyone who comes into the center is going to be able to see that and because it will be somewhat more of a destination type operation he feels comfortable that they can get that building leased. Commissioner Khan asked if this 25 acre parcel is the balance of the original 89 acre Barclay Station development or are there other parcels that need to be developed. Mr. Pfeil stated that is correct. Commissioner Khan asked if the standards for the stormwater management which were approved back in 1990 for the entire 89 acre parcel are the same or is it necessary to apply the new development ordinance to this 25 acre parcel. Mr. Caldwell stated there were certain items that needed to be adhered to such as the hydrocarbon removal systems. That is something that was not part of the requirements back in 1990 but is currently part of the requirements. With regard to the stormwater volume elements and stormwater detention and flood plain elements Barclay Station criteria still hold. He further pointed out that they are not asking for any variations to the flood plain requirements or flood plain compensatory storage or the location of the buildings from the flood plain or the elevations of the development of the parking lots. Commissioner Khan asked for a description of traffic lanes at Deerfield and Milwaukee Avenue. Mr. Caldwell reviewed the traffic plans at that intersection noting that per the annexation agreement staff is requiring the development to provide enough right of way for future roadway expansion. This will provide enough space to allow for an extra lane on Milwaukee Avenue if dual lanes are constructed. Whenever, the County and the State get around to rebuilding the intersection there will be enough right of way available to do that. Commissioner Khan asked if the new traffic signal between Milwaukee and Barclay will be interconnected with the others in place. Mr. Caldwell stated yes, as it is a County requirement. Commissioner Khan noted that the spreadsheet used in the traffic analysis by the developer did not appear to be the one used by IDOT and that is why the analysis shows level of service at the intersection shows as D instead of the F service level espoused by the Village's traffic consultant. Mr. Caldwell stated he does not know what criteria the Village's traffic consultant used or whether he used timing off of the internet etc. He noted he would not say they are wrong. However, he noted they have submitted their own reports to IDOT, the DuPage County Department of Transportation, and the Lake County Department of Transportation, Cook County Department of Transportation as well as various other entities outside of Illinois and have never had a comment like that. IDOT has approved their traffic studies based on these criteria before and he is not sure where they are coming from. He stated they have used the highway capacity manual requirements and followed them. He noted they actually go out to the site where they take into consideration the stacking that goes through the intersection and the residual stacking after the lights turn. Based on those criteria and the phasing and timing they did on site is how they got their analysis. Commissioner Khan asked Mr. Kuenkler if the developer's traffic study is acceptable with their software program and how does he resolve the dispute between the Village's consultant and the developer. Mr. Kuenkler noted that both consultants have come to the same conclusion. The operation at the intersection is poor at best and that will not get any better until there is some major improvement. There are contributions from this development and other developments up and down Milwaukee Avenue. He noted he does not know what more one developer can do. This property constructed the extension of Deerfield Parkway and that is a very significant improvement. Mr. Caldwell further pointed out at the end of the consultant's letter he did not say that he did not approve of the traffic study merely that he would like to see IDOT criteria followed and they have done that. In addition he did not disagree with the findings regarding to what traffic treatments and access treatments were required to service the development. Commissioner Stark asked once again if the hotel was still on board and what happens to the development if they decide to pull out. Mr. Kuchler stated the hotel is still on board and the project would not stop if the hotel pulled out. Commissioner Stark asked what would take its place if it did pull out. Mr. Kuchler stated they are so close that they are not thinking in those terms. Obviously with the plan set up for a hotel they would try to shop it to another hotel. If that did not work they would have to rethink what they could back in there and amend the drawing to show that. Commissioner Smith asked about access to the properties to the south of the southern development. Mr. Caldwell stated they are not now showing any access. He noted there are only two right of ways that end at this project. Whenever those were developed years ago within the County it was anticipated that these roadways would extend sooner or later. Those roadways terminate about 150-200 feet south of the development line so even though there are right of ways that are public ways they are not developed. Currently a number of residents have actually maintained the area and turned them into a parkway between the sidewalk and the street. If the Village is interested in the developer providing access they may try to do something. Right now the requirement of the Village is to put a fence along the southern portion because that follows the code. Commissioner Smith asked what would be a suggestion for this area if the Village were to annex some of the commercial properties to the south. Mr. Pfeil noted there are two aspects to this issue. One is the residential connection, and the other is the possible connection to the commercial properties to the south. He asked if the proposed land plan could be modified to create vehicular access to the next commercial property south. Mr. Caldwell stated yes. He noted that is something they had at one time entertained. He noted they did leave the land plan out for the potential of extending the drive lane or modifying the area in some way to allow for commercial access to the south. He stated that is probably an unlikely event in the near future. Mr. Al Levy, 20938 Ash Street, stated the most important issue besides traffic is with the retention pond at the west end of the property. He asked if that would be dug deeper because that pond feeds a pond that runs through the subdivision and it cannot handle the water it has now. He noted they already flood on the back part of his property. Secondly, traffic is out of control on Deerfield Parkway and would be worse if they cut through the Pekara subdivision where perhaps signs of no right turns etc. could be put up. He noted many serious accidents at Milwaukee and Deerfield or Milwaukee and Pekara. Mr. Levy noted the pond will worsen with drainage from this development and cause more flooding in the Pekara subdivision. Mr. Levy asked for the proposed fence to be at 8 feet instead of 6 feet. He asked if a berm could also be added which will absorb some of the rainwater. He asked if there will be speed bumps on the service road that will run behind the building to avoid cut through traffic. Mr. Caldwell stated they are proposing speed bumps. It is a raised pedestrian crosswalk that absolutely slows traffic down. Mr. Levy stated he is concerned with the proposed drive through restaurant on the east end of the lot. He noted a berm and a higher fence could avoid some unsightly issues there. He also asked if they can do something about rodents when digging starts. Mr. Caldwell stated the likelihood of late night noise etc. from the drive through restaurant is probably unlikely given Village requirements because they would probably not be allowed to be open that late. The petitioner is willing to look at hours and would be comfortable with a midnight cutoff if that was a condition. With regard to the berm, based on the 12 foot width they have there it is unlikely they will be able to put one there. However, they will put any required landscaping along the south property line. Mr. Levy asked if they could put higher plantings there. Mr. Caldwell stated they are not planning on any roadway connections to this development ever. The Village was talking about a pedestrian/bikepath only. They will not be extending the roadways here. The accesses are along Deerfield Parkway and Milwaukee Avenue and not through the existing residential subdivision. Chairman Ottenheimer noted that the Deerfield/Milwaukee intersection is bad even now but the question is whether this development will make it worse. He stated he does not think so and it might even be a little better with this development. Mr. Uliasz stated with regard to the landscaping they have a mix of deciduous and evergreen and ornamental plantings along the area. In general it is good landscaping practices to mix species so if there is disease it does not knock everything out. Finally, if it is allowed by ordinance they would be happy to make the fence taller. Mr. Pfeil stated an 8 foot fence is permitted for a commercial property abutting residential. Mr. Levy noted that incorporating a berm in there would be beneficial to water runoff. Mr. Caldwell reviewed their Preliminary Engineering plan and noted that when the original Barclay Station plans were proposed there was an analysis done and reviewed and approved by the Army Corps of Engineers that took development on this portion of the land into consideration and it was determined that during a 100 year storm event the flood plain would rise to 645. If you put a berm back there it would be within the flood plain and a berm would actually have more fill in a flood plain. That is space where the rising water won't be able to go because dirt takes up volume. That water would then have to go somewhere else and a berm would actually worsen the flood plain situation. Mr. Levy noted that the water going into the detention ponds are not big enough for the rain now. Mr. Caldwell noted that they might overflow but the situation is no worse then before the ponds went in. Mr. Levy noted that the land here appears to be higher than the Pekara subdivision. He noted he has even been given a hard time about building a garage there because of the flood plain. He asked that this water issue be looked into. Mr. Caldwell noted that before they began this project they got all the past correspondence from the Army Corps of Engineers and everything that was submitted to them and asked if the project was closed and everything was approved with regard to this development which is the last piece of the Barclay Station development. The Corps of Engineers emphatically stated the project was closed. Mr. Spiro Theodoropoulos, 1046 Milwaukee Avenue, which is the address for Pete's Pizza directly next door to this proposed development. This project should be good overall for Buffalo Grove and the surrounding area. However, he noted it was safe to assume that the more people and cars and traffic within an area, the more accidents there will be. These incidents affect his business. The turning lane that will go southbound off this southern part of this property will be a problem. Even with speed bumps within the complex there will still be cut through traffic to get onto Milwaukee Avenue. The other issue is that most accidents have been caused by someone coming off of Deerfield Parkway and hitting someone going either straight, southbound or northbound. This brings it close to his easement. As for the fence, he asked how close to his easement will it go. Mr. Caldwell stated they cannot go all the way to his property due to site lines. Ms. Ella Bostic, 20901 Catalpa, stated that flooding is a concern but traffic is the major concern. She stated they have no lights or turn lanes and cut through traffic will be a problem. All this traffic will be made worse with a major development. She noted this may all become an empty building eyesore in ten years. There being no further comments or questions from anyone else present, Chairman Ottenheimer closed the public hearing at 9:15 p.m. Respectfully submitted, Fay Rubin, Recording Secretary APPROVED BY: LESTER OTTENHEIMER, Chair Board or Commission: ❑ Plan Commission Document Type: 0 A e g nda 0 Minutes Meeting ate: 07/18/2007 Type of Meeting: ❑ Regular Meeting REGULAR MEETING BUFFALO GROVE PLAN COMMISSION July 18, 2007 Proposed Berenesa Plaza (Ventrella property), Northwest and Southwest corners of Deerfield Parkway and Milwaukee Avenue, Approval of a Preliminary Plan and Business Planned Unit Development (PUD) in the B-3 Planned Business Center District and Office & Research District including appearance package for initial phase of the development Villas at Hidden Lake—Final Plat of Subdivision (revised) Chairman Ottenheimer called the meeting to order at 9:15 p.m. in the Village Council Chambers, Buffalo Grove Municipal Building, 50 Raupp Boulevard, Buffalo Grove, Illinois. Commissioners present: Chairman Ottenheimer Mr. Smith Ms. Bocek Mr. Khan Mr. Teplinsky Mr. Stark Mr. Cohn Commissioners absent: Mr. Podber Also present: Mr. Ken Kuchler, Milwaukee Deerfield North LLC Mr. Peter Uliasz, OKW Architects Mr. Michael Caldwell, Marchris Engineering Ltd. Mr. Steve Frishman, Mid-America Real Estate Corporation Ms. DeAnn Glover, Village Trustee Mr. Richard Kuenkler, Village Engineer Mr. William Raysa, Village Attorney Mr. Robert Pfeil, Village Planner APPROVAL OF MINUTES Moved by Commissioner Teplinsky, seconded by Commissioner Stark to approve the public hearing minutes of June 6, 2007. All commissioners were in favor of the motion and the motion passed unanimously with Commissioners Bocek and Khan abstaining. Moved by Commissioner Smith, seconded by Commissioner Stark to approve the regular meeting minutes of June 6, 2007. All commissioners were in favor of the motion and the motion passed unanimously with Commissioners Bocek and Khan abstaining. Moved by Commissioner Smith, seconded by Commissioner Stark to approve the public hearing minutes of June 20, 2007. All Commissioners were in favor of the motion and the motion passed unanimously with Commissioners Teplinsky and Cohn abstaining. Moved by Commissioner Smith, seconded by Commissioner Stark to approve the minutes of the regular meeting of June 20, 2007. All Commissioners were in favor of the motion and the motion passed unanimously with Commissioners Teplinsky and Cohn abstaining. COMMITTEE AND LIAISON REPORTS Commissioner Stark attended the Village board meeting on July 2, 2007 where a public hearing was held and continued to the next meeting regarding the annexation development agreement for the proposed Aptakisic Creek Corporate Park on the south side of Aptakisic Road. Also there was a referral to the Plan Commission of a special use for the Peerless property for an outside storage area. PROPOSED BERENESA PLAZA (VENTRELLA PROPERTY), NORTHWEST AND SOUTHWEST CORNERS OF DEERFIELD PARKWAY AND MILWAUKEE AVENUE, APPROVAL OF A PRELIMINARY PLAN AND BUSINESS PLANNED UNIT DEVELOPMENT (PUD) IN THE B-3 PLANNED BUSINESS CENTER DISTRICT AND OFFICE & RESEARCH DISTRICT INCLUDING APPEARANCE PACKAGE FOR INITIAL PHASE OF THE DEVELOPMENT Moved by Commissioner Teplinsky, seconded by Commissioner Smith, to recommend approval to the Village Board of a Preliminary Plan for property in the B-3 Planned Business Center District and Office & Research District and approval of special uses for a bank drive-through facility, a restaurant drive-through facility and a pharmacy/drugstore drive-through facility with the following variations pursuant to the proposed Preliminary Plan: ZONING ORDINANCE — Section 17.36.040.F.3. (to allow six vehicle stacking spaces instead of 10 spaces for a restaurant customer service drive-through facility); Section 17.36.040.G.2 (to allow 4 vehicle stacking spaces per teller or customer service area instead of 6 spaces for a bank drive-through facility); Section 17.44.040.D.3. (to allow the drive-through canopies for the proposed drugstore and the proposed Retail Building "D" on the southwest tract to encroach 10 feet into the required 50-foot building setback area; FENCE CODE — Section 15.20.060.B. (to allow screen walls for trash enclosure areas to be 8 feet, 6 inches in height instead of 6 feet). Mr. Pfeil stated the canopy setback also pertains to the bank building, so there are three buildings on the south parcel that have canopies 10 feet into the 50-foot requirement. Commissioner Cohn stated he is concerned about the lack of who the retail is and who it will be. Retail A which is sitting by itself and I now hear may be a video store or cell phone store just do not ring well. He noted Blockbuster has closed many stores and he would hope that there will be some major retailers lined up when this comes to the Board. He hopes they will be attractive target retailers that will bring people in. Chairman Ottenheimer thanked the developer for their hard work. Chairman Ottenheimer called for a vote on the motion and the vote was as follows: AYES: Smith, Bocek, Khan, Teplinsky, Cohn, Ottenheimer NAYS: Stark ABSENT: Podber ABSTAIN: None The motion passed 6 to 1. VILLAS AT HIDDEN LAKE—FINAL PLAT OF SUBDIVISION(REVISED) Moved by Commissioner Smith, seconded by Commissioner Bocek to recommend approval to the Village Board of the Final Plat of Subdivision for the Villas at Hidden Lake. Chairman Ottenheimer stated he is extremely disappointed with the developer relative to the east side of the subdivision along the pond. When this first came before the Plan Commission there was a guarantee that as many trees as possible would be saved and there would be a significant tree line between the two subdivisions. That did not happen. Also, under the original plan the proposed bikepath was to be put between and through the trees. Now it cannot be done without cutting down more trees because enough trees were not saved during the process. He noted he is not sure where the problem lies here with the trees. He also stated he is not sure what purpose the bikepath will serve because it basically runs parallel to a sidewalk on Buffalo Grove Road. What are the ramifications when a developer does not do what was expected? Based upon what they did and the changes they are making now which he believes are the result of their own fault, he must vote no on this plat. He noted that while he may be speaking like a NIMBY, he is receiving many calls from neighbors about this issue. Commissioner Bocek asked how a response can be received regarding these concerns, questions and issues. Mr. Pfeil noted that the Village Board has approved the revised landscaping plan. The developer appeared before the Village Board, and the Board determined that the revised landscape plan and the proposed modifications to the plat of subdivision are acceptable. Some landscaping is being added adjacent to the bikepath in the northeast corner of the site. He said that the revised landscape plan was provided as background information for the Plan Commission concerning the recent amendment to the annexation agreement. The Commission is acting only on the plat, not the landscape plan. Commissioner Bocek asked what happens if this plat is not approved. Mr. Pfeil stated the Plan Commission makes the recommendation and the Village Board will make the final vote on the Plat of Subdivision. The Board has approved the amended annexation agreement so it seems inevitable, if the plat complies with statutory requirements, that the Board will approve the plat. Commissioner Smith asked if there are any suggestions for preventing this type of thing happening in the future. Mr. Kuenkler noted he has received a number of the same phone calls but he noted the developer has not encroached into the area that was designated to be retained. He acknowledged that it is a lot different than people felt it would look like but it is a pretty area. However, there was no encroachment. The only places they went through that would be where the two storm sewers were scheduled to go through and the northwest corner which was somewhat sparser and further enhancement was recommended. They have 3 to 5 additional plantings in that area. Chairman Ottenheimer acknowledged discussions with Mr. Pfeil and Mr. Kuenkler but it is his opinion that the developer did not leave enough trees as represented. Commissioner Smith stated he did not understand what the tree surveys accomplish as to what is supposed to be taken out or not. Mr. Kuenkler stated that one of the problems was that one of the most significant growth areas was where the detention pond was enlarged and that was a dramatic change. Chairman Ottenheimer called for a vote on the motion and the vote was as follows: AYES: Smith, Bocek, Khan NAYS: Teplinsky, Stark, Cohn, Ottenheimer ABSENT: Podber ABSTAIN: None The vote failed 4 to 3. Commissioner Bocek stated she feels that if a species is no good then replace it with a better tree but keep the looks and density the same. Mr. Raysa stated that one of the issues is that per statute, the plat has to be reviewed by the Plan Commission. The Plan Commission's function is to determine whether the plat meets the statutory requirements. That is why the signature block of the chairman and the secretary of the Plan Commission are on the plat. Chairman Ottenheimer stated he can sign the plat from a technical standpoint because it is correct. However, how does it look when he signs the plat but does not vote for it? Mr. Raysa stated it is the plan that is being discussed not the plat. The vote was taken on the plat because of the trees and the plan. Chairman Ottenheimer agreed that the distinction was correct and important. Mr. Raysa suggested that the first vote could be toward the plan and the trees but the motion should be to approve the plat as far as meeting the requirements. Commissioner Smith moved to reconsider the vote and it was seconded by Commissioner Bocek. Chairman Ottenheimer called for a voice vote on the motion and the motion passed unanimously with Commissioner Stark abstaining. Chairman Ottenheimer then called for a motion to approve the final plat for the Villas at Hidden Lake. Moved by Commissioner Smith, seconded by Commissioner Bocek to recommend approval to the Village Board of the Final Plat of Subdivision for the Villas of Hidden Lake. Chairman Ottenheimer called for a vote on the motion and the vote was as follows: AYES: Smith, Bocek, Khan, Teplinsky, Cohn, NAYS: None ABSENT: Podber ABSTAIN: Stark, Ottenheimer The motion passed 5 to 0. CHAIRMAN'S REPORT Chairman Ottenheimer noted that Susan Kenski-Sroka has tendered her resignation from the Plan Commission and she will be missed. He thanks her for her years of effort and work for the Commission. FUTURE AGENDA SCHEDULE Mr. Pfeil stated the next meeting will be August 1, 2007. PUBLIC COMMENTS AND QUESTIONS—None STAFF REPORT—None NEW BUSINESS—None ADJOURNMENT Moved by Commissioner Smith, seconded by Commissioner Bocek and carried unanimously to adjourn. Chairman Ottenheimer adjourned the meeting at 9:40 p.m. Respectfully submitted, Fay Rubin, Recording Secretary APPROVED BY: LESTER OTTENHEIMER, Chair