1995-12-06 - Plan Commission - Minutes REGULAR MEETING
BUFFALO GROVE PLAN COMMISSION
December 6, 1995
Shell Oil Company, proposed annexation with zoning in the B-3
Planned Business Center District and Approval of a Preliminary
Plan for a gasoline station/mini-mart/car wash and fast-food
restaurant, southwest corner of Dlinois Route 83/Arlington
Heights Road —Workshop#2
Chairman Goldspiel called the meeting to order at 7:30 p.m. in the Village Council Chambers,
Buffalo Grove Municipal Building, 50 Raupp Boulevard, Buffalo Grove, Illinois.
Commissioners present: Chairman Goldspiel
Mr. Krug
Ms. Howard
Mr. Rosenston
Mr. Samuels
Mr. Berman
Mr. Ottenheimer
Mr. Trilling
Commissioners absent: Mr. Lundine
Also present: Mr. Sanford Stein, Wildman, Harrold, Allen& Dixon
Mr. Theodore Johnson, Thompson Dyke& Associates
Mr. Ted Treesh, Metro Transportation Group
Mr. M.P. Keintz, Shell Oil Company
Ms. DeAnn Glover, Village Trustee
Mr. Robert Pfeil, Village Planner
Mr. Darrel Wright, James J. Benes& Associates
APPROVAL OF MINUTES
Moved by Commissioner Krug, seconded by Commissioner Trilling to approve the minutes of the
public hearing and regular meeting of November 1, 1995. Commissioner Trilling noted a
typographical error on page 4 of the public hearing. Chairman Goldspiel noted a correction
needed on page 2, 11 and 12 of the regular meeting. Commissioner Trilling noted a correction
necessary on page 7. All Commissioners were in favor of the amended motion and the motion
passed unanimously with Commissioners Howard and Berman abstaining.
Buffalo Grove Plan Comm-Regular Meeting-December 6, 1995-Page 1
COMMITTEE AND LIAISON REPORTS
Commissioner Krug attended the Village Board meeting on November 20, 1995 and stated there
was a referral made to the Plan Commission of a multi-family development for the Rohrman
property at Dundee Road and Weidner.
Commissioner Ottenheimer attended the Village Board meeting on December 4, 1995 and stated
the following items were discussed:
1. Kinder Care center in Town was voted down based on close proximity of the dumpster
and traffic safety for dropping off children and delivery trucks in the rear
2. Possible referral to the Plan Commission of the Boznos property when density issues are
resolved
SHELL OIL COMPANY.PROPOSED ANNEXATION WITH ZONING IN THE B-3
PLANNED BUSINESS CENTER DISTRICT AND APPROVAL OF A PRELIMINARY PLAN
FOR A GASOLINE STATION_MINI-MART/CAR WASH AND FAST-FOOD
RESTAURANT. SOUTHWEST CORNER OF ILLINOIS ROUTE 83/ARLINGTON HEIGHTS
ROAD --WORKSHOP #2
Mr. Ted Johnson of Thompson Dyke& Associates stated they have prepared additional traffic
studies and a revised site plan to answer some of the issues brought out at the last workshop
meeting. More traffic counts and analysis has been done of the area and a meeting was held with
Mr. Carmignani to review the revised site plan.
Mr. Ted Treesh of Metro Transportation Group stated they had conducted additional traffic
counts and analysis of the residential area to look at several things. He stated they addressed the
impact of the closure of Fremont Way on the residential neighborhood. He noted they conducted
additional traffic counts at Fremont and Route 53 and at Fremont and Arlington Heights Road
and at Heritage and Arlington Heights Road. Based on that data, he noted a traffic signal is not
warranted based on existing conditions at either one of these locations based on warrants
contained in the manual on uniform traffic control devices. Once the traffic was reassigned to the
remaining two access drives to the subdivision, the volumes approaching Arlington Heights did
warrant the installation of a traffic signal at Heritage Place. He noted there is only one bus stop
that would have to be relocated should the closure occur at the corner of Bristol Lane and
Fremont Way. The routing of the buses would be shifted to either Heritage or return to the Route
53 access. One of the benefits to this plan would be that the school buses would be entering and
exiting at two signalized locations.
Mr. Treesh stated they had done further analysis of cut through traffic. Again the volumes going
through the subdivision which are non-origin trips are very minimal compared to the overall trip
Buffalo Grove Plan Comm-Regular Meeting-December 6, 1995-Page 2
generation that this residential development is generating through the arterials.
In conclusion, Mr. Treesh, stated the ramifications of closing Fremont at Bristol to residential
traffic warrants the installation of a traffic signal at the intersection of Heritage Place and Fremont
Way with the additional outbound traffic. He stated it would decrease the potential of cut
through traffic as they would now have to travel the longer distance to access Arlington Heights
Road. One other factor observed in the amount of cut through traffic is that the primary origin of
this traffic is southbound traffic on Old McHenry Road. There is a substantial left turn volume at
Old McHenry to go east on Route 53. The left turn phase is very short for the amount of traffic
that makes that turn thereby causing a queue in the left turn lane to extend beyond the storage
lane at the left turn lane. This causes the drivers to by-pass the queue and cut through to Fremont
Way to access Arlington Heights Road. He stated they are in the process of requesting DOT to
look into extending that left turn arrow for the southbound traffic so the queue does not reach
substantial proportions, thus causing people to seek alternate routes due to the delay.
Mr. Treesh stated with the closure they would have complete separation of the commercial traffic
with the residential traffic. Heritage and Fremont Way would then be exclusively be access drives
to the residential area and not to any commercial development. The subdivision would then have
the benefit of ingress and egress via two signalized locations.
Mr. Johnson stated the revised plan is a refinement of several concept plans and ideas discussed
with the Village traffic engineer. Access to the property remains as right turn in and out only off
of Route 83. Full access to the property is at Fremont Way, with Fremont closed to through
traffic after entry to the commercial property and there is a 12 foot wide emergency vehicle access
provided to the west.
Mr. Johnson stated the gas pumps are still located on the far east portion of the site, the central
area is the food mart on the eastern portion of the site and the fast food facility is on the western
portion of the main facility. The car wash has been moved south of the main facility. On the
north end of the site movement is both eastbound and westbound. On the south end it is strictly
one way east bound. On the west side of the building it is one way southbound. There is two
way traffic from the Arlington Heights access point. The parking for the fast food area is totally
contained on the north end of the building with the entry to the building being on the north.
Parking for the food mart is contained on the eastern portion or in front of the food mart with
entry to the food mart being on the east portion of the building. Additional parking for employees
is located on the south side of the building between the building and the car wash. There is area
for 10 cars to be stacked from the drive through window of the fast food facility. For the car
wash there is room for 8 cars in stacking but there is potential to increase that to 13 or 14.
Mr. Johnson stated they are recommending a retaining wall be built in conjunction with the car
wash facility. This wall could be bermed up from the south to the north. The wall would range
from 0 to 8-10 feet depending on the final architectural elements of the car wash. In this manner
Buffalo Grove Plan Comm-Regular Meeting-December 6, 1995-Page 3
this site would be totally screened from the south and southwest. On the western portion of the
site he stated they are suggesting berms ranging in height from 4-6 feet with plantings along the
berm.
Mr. Johnson stated stormwater management is again located in the southeast corner of the site
which is the lowest portion of the site. However, once detailed engineering is started, the actual
location of that area may shift slightly.
Mr. Johnson noted actual dimensions of parking and driveways is now indicated on the plan and
these dimensions have been gone over with the Village traffic engineer who concurred these
dimensions would adequately allow circulation to take place on site. A memo from the Village
traffic engineer suggests the barrier between the drive through lane and the passing lane be a
painted barrier instead of a raised median and this will be done.
Commissioner Samuels noted a conflict between people coming through the drive through lane at
the fast food facility and the gas pumps.
Mr. Johnson stated there is 35 feet between the exiting point of the drive through or the passing
lane and a pump island which will be sufficient area. However, there is room to increase that area
if so desired. He noted they have extended the drive through lane an additional 20 feet beyond
the building so the person exiting would have good visibility to see anyone coming in front of the
food mart or coming in from the Fremont Way access.
Commissioner Samuels asked if the stormwater management area might be relocated or if some
additional area would also be used for stormwater management. If so, would same be wet or dry.
Mr. Johnson stated it is hard to determine that at this conceptual stage. If the stormwater
management area will need to be larger than the one proposed, the entire detention field will
probably be moved over and it will probably be a dry bottom detention.
Commissioner Samuels asked if there were any comments regarding the Fire Department memo.
Mr. Johnson stated the Fire Department would like Fremont to remain open as a street, possibly
one-way heading westbound. He stated the two traffic engineers and the Fire Department need to
discuss this matter further.
Commissioner Samuels asked what kind of barrier there might be on Fremont Way.
Mr. Johnson stated they were just thinking of a roll type curb which the Fire Department's
vehicles could easily maneuver.
Commissioner Samuels asked about maintenance of that street.
Buffalo Grove Plan Comm-Regular Meeting-December 6, 1995-Page 4
Mr. Johnson stated their attorneys and the traffic engineers could look into that. If Fremont
remains a Village right-of-way that is merely closed, he does not know if a private enterprise
would technically be able to plow the street. If the street is vacated and becomes part of the site,
then it could be maintained.
Commissioner Samuels asked what is proposed for maintenance and ownership of the open space.
Mr. Johnson stated they are anticipating the 1.4 acre area on the west end of the property to
remain in its natural state for either the Village or Park District to accept responsibility for that
area. All other landscaped areas will be maintained by Shell and the operator of the fast food
restaurant.
Commissioner Samuels asked for specifics on the natural state for the 1.4 acre area.
Mr. Johnson stated the area would be a low level maintenance of prairie grasses that would grow
to a height of 8-18 inches planted by Shell Oil.
Commissioner Samuels asked if the right-in, right-out on Route 83 has been reviewed by IDOT.
Mr. Treesh stated he met with DOT and they have given their verbal approval to that access
drive.
Commissioner Samuels stated this plan seems to be the most workable. He noted the issue with
the Fire Department does need to be addressed.
Commissioner Trilling asked if the gas pumps are single or double service bays.
Mr. Keintz stated one vehicle can be serviced on each side.
Commissioner Trilling asked where the dumpster will be located and if there would be any
outdoor seating.
Mr. Johnson noted the location of the dumpster area on the plan and stated the plan does not
indicate any outdoor seating. However, if the total between indoor seating and possible outdoor
seating when applied to the parking ratio is conducive to same, the user may entertain outdoor
seating.
Commissioner Trilling asked for clarification of the statement"In addition, the traffic counts
would most likely have to indicate that the warrants are satisfied by existing volumes and not
projections, as shown", as stated in the traffic report.
Mr. Treesh stated Arlington Heights Road is under the jurisdiction of the Lake County Division of
Transportation. He noted he has had no conversations with them in regards to signalization.
Buffalo Grove Plan Comm-Regular Meeting-December 6, 1995-Page 5
However, it is typical that prior to approving the installation of a signal the volumes need to be in
place. In this case it would be shown that existing traffic would be shifted. The statement was
made with the fact in mind that there is still a third party that needs to approve this traffic signal.
Commissioner Trilling asked who would pay for the traffic signal.
Commissioner Trilling stated he would be reluctant to approve a plan without the further
improvements of a traffic signal.
Mr. Treesh stated it is their intentions that once this plan is given some kind of general approval,
they will have discussions with Lake County to finalize the traffic signal issue prior to final
approval of the plan.
Commissioner Trilling asked what the cost of a signal is.
Mr. Treesh stated the cost of a signal at this kind of corner would be approximately $120,000.
Commissioner Rosenston asked if this will be a sit down restaurant.
Mr. Johnson stated they are anticipating limited sit down.
Commissioner Rosenston noted there should be some handicapped parking in front of the food
mart.
Mr. Johnson stated there are three spaces for handicapped parking.
Commissioner Rosenston stated he would fully expect the Fire Department to go in on Heritage
Place and sees nothing wrong with grassing over Fremont Way and have it maintained by Shell
Oil.
Commissioner Howard asked if it would be a limited menu for the fast food restaurant.
Mr. Stein stated they do not know who the fast food user is and stated whoever it will be will
probably have a limited menu.
Commissioner Howard noted concern with the left turn lane going northbound on Arlington
Heights not having enough stacking space during peak times.
Mr. Treesh stated during those peak times,the typical type of movement which occurs is the
right-in, right-out. The projected left turn volume for those people going northbound on
Arlington Heights Road is about the same as the left turn volume into Fremont now. The
operation of the signal with the new dual left turn lanes causes the left turn lanes to pretty much
clear out on one cycle.
Buffalo Grove Plan Comm-Regular Meeting-December 6, 1995-Page 6
Commissioner Howard noted a problem with southbound traffic on Route 83 turning right on
Arlington Heights Road at the same time northbound traffic is turning left on Arlington Heights
Road. She asked if any restriction such as no right turn on red might be allowed by IDOT.
Mr. Treesh stated he is not sure IDOT would allow such a restriction due to the design of the
recent improvements.
Mr. Stein stated the gas and car wash use are not traffic generators. He stated they always draw
`./ from the existing traffic. It is intended that the fast food operation will serve as an amenity to
those gas patrons and will therefore not generate as much traffic as the typical free standing fast
food operation.
Commissioner Howard stated she likes the site plan and landscaping and berming, particularly to
mitigate the noise coming from the car wash. However, the traffic study did not address all the
concerns she has about traffic coming to this site.
Chairman Goldspiel asked if there is anything to be done about the shifting lanes coming off of
Route 83 onto Arlington Heights Road.
Commissioner Krug asked if part of the right-of-way would be conveyed to the Concord Place
development if Fremont Way were vacated.
Mr. Pfeil stated many times the situation is that it would be vacated for half of each property
owner adjoining sides. This would depend on how the developments are platted and he will check
this out. He stated there would still need to be some kind of public access in the sense that the
Village would need to use it for emergency access. However, it is meant to be retained as an
access way so there is an argument to retain it as a right of way with Village ownership.
Commissioner Krug asked if the developer will have to pay for taking the street away.
Mr. Pfeil stated that question has not been asked yet.
Commissioner Krug asked if this will be a 24 hour facility.
Mr. Johnson stated the gas pumpers and food mart will be a 24 hour facility. The fast food and
car wash would not be.
Commissioner Berman asked exactly how many seats are planned for the fast food operation.
Mr. Keintz stated he could not answer that now. Before the series of workshops are completed
they should have more definitive answers for the fast food operation.
Commissioner Berman asked where the gasoline storage tank and filling areas would be located
Buffalo Grove Plan Comm-Regular Meeting-December 6, 1995-Page 7
on the site.
Mr. Johnson stated the underground storage tanks would be on the far eastern portion of the site
between Arlington Heights Road and the gas pumpers. In that case the tanker truck would likely
come down Route 83, enter the site and exit thz site out on Fremont. All of the turning radii on
the whole plan is set for the tanker trucks. He also noted the number of seats for the fast food
operation will be limited based on the number of parking spaces that are provided.
Commissioner Berman noted there is no other fast food restaurant close by in any direction and it
may easily become a destination point for families with children.
Commissioner Berman asked if there are plans for a sidewalk or bicycle access on the site.
Mr. Johnson stated they are not indicating sidewalks on this site plan. If sidewalks are required
by ordinance they will put them in.
Commissioner Berman stated he would like to see those on the plan.
Commissioner Berman stated he would like to hear a more definitive statement of what the open
space will look like and what will be done with it. If Shell is contending they are creating a
benefit to the community by creating an open space he would like to see the plan.
Commissioner Berman asked if the site is viable without a car wash.
Mr. Stein stated no. Today's gas stations are fuel dispensing pumps, small mini-mart and a car
wash. That defines the use. This is a change from previous years and that is the marketing
demand at present and this is what it takes to be competitive.
Commissioner Berman noted concern with the plan. He stated there is a lot going on in a limited
area, particularly in the southeast corner of the paved area where the car wash, by-pass and drive
through and auto pump traffic all come together. There seems to be a serious potential for
conflict there. There is also not enough room beyond the car wash for people to dry off their
cars.
Mr. Stein noted they have done everything to make the drying element work effectively and to
have a drip lane. To have someone drive off to the corner to dry off the car is more typical of the
do it yourself car washes. It is a different car wash product and they do not expect too many
people to bring their own towels to dry off.
Commissioner Berman stated there will be a considerable number of people who will go through
such a facility and who will stop and at least dry off the windows and headlights. He stated he is
very concerned that there is not enough room there for this kind of activity.
Buffalo Grove Plan Comm-Regular Meeting-December 6, 1995-Page 8
Mr. Johnson stated they could include 3-4 stand alone spaces where people could go to dry off
their cars and/or have water and air service.
Commissioner Berman noted Lake County evaluation of signalization is definitely needed before
any public hearing is held.
Commissioner Ottenheimer asked if there are any vacuuming areas.
Mr. Johnson stated they would have vacuums in the stand alone spaces when they are added as
well as air and water.
Commissioner Ottenheimer asked if there have been any negotiations with any fast food
operations. He noted at the last workshop the developer had stated they would be limited as to
the kind of users for this spot due to the limited access on this site plan.
Mr. Keintz stated they have had continued discussions with more than one fast food company and
there is a lot of interest in the site. He stated the outcome of some of the questions being
discussed tonight will make a determination as to where this will go.
Commissioner Rosenston stated it is a must to have sidewalk access on the site for kids and
people coming from the adjacent developments. He further noted his approach would be to
closing Fremont Way but would not propose the road be vacated in terms of ownership being
given up. Ownership should remain with the Village.
Commissioner Trilling stated he does not see this as a major car wash but one more similar to the
one at the Amoco station at Route 83 and Buffalo Grove Road. By offering more and more
amenities to this project, it makes the project more and more complicated. It would be better to
keep everything simpler and eliminate things like vacuums.
Commissioner Trilling stated it might be advisable to orient the pumps in the other direction
which will afford a better traffic flow.
Mr. Keintz stated they are looking at the dispenser islands as single dispensers because the visual
impact to the motorist is a more open, inviting arrangement. It is less cluttered and works better
in terms of maneuverability.
Commissioner Trilling stated he would prefer to see Fremont closed and used as an emergency
access and turning the entire area into a grassed area which all the residents can enjoy.
Commissioner Rosenston stated he would like to see a grassed over area if Fremont is closed.
Commissioner Krug asked if there any similar operations around.
Buffalo Grove Plan Comm-Regular Meeting-December 6, 1995-Page 9
Mr. Keintz stated Shell has only a few of these operations as this is a new concept for gas
stations.
Commissioner Samuels stated he agrees with the Commissioners' comments regarding the
sidewalk and stated there should be a sidewalk servicing the entire area. He further stated that
given the Fire Department's attitude that they do not want this emergency vehicle access, he sees
no reason for anything other than this area to be an additional buffer that is fully landscaped. The
only reason the street was there in the first place was to have a shopping center. The street is not
necessary for residential uses and to leave the street in encourages only cut through traffic and
becomes a maintenance problem.
Chairman Goldspiel noted that it is necessary to think of some engineering at the right in and out
at the Route 83 access point. He further asked for feedback from the Village traffic engineer.
Mr. Darryl Wright of James J. Benes& Associates stated most of the conclusions and suggestions
in their report have been responded to by Mr. Ted Johnson. He noted the only item they would
like to see improved is the landscaping and berming at the Fremont access to be sure there would
be no site problems for those wanting to turn left out or the northbound traffic wanting to turn left
in.
Chairman Goldspiel asked if the emergency access is necessary.
Mr. Pfeil stated that the Fire Department indicates that access on Fremont Way is necessary to
ensure adequate response time for this area of the Crossings subdivision. He said that he would
ask the Fire Chief to provide more information concerning the need to have access to Fremont,
and the impact on response time if Fremont access is closed, with service to the area from the
other accesses at 53 and Heritage. He noted that the Fire Department does not favor emergency
access roads because maintenance and availability of the access is often not adequate for quick
and safe entry of emergency equipment.
Paul Loeffler, Crossings resident, stated he is concerned with traffic safety issues, noting there are
three separate points of traffic coming through one intersection. He further noted other gas
stations in the area do not all have car washes and restaurants as is proposed by Shell.
Andrea Brim, 1245 Bristol Lane noted the open space seems to be diminishing with each
workshop. She noted there is a similar facility to the proposed site at Route 45 and Route 60.
That particular corner also has other restaurants and fast food establishments on all corners. The
proposed site has no other fast food restaurant and any fast food establishment which comes in
here will definitely be a destination site which will cause a big problem. She noted stacking on
Route 83 is always backed up during the rush hours.
Ms. Brim stated they have had conversations with McDonald's who pulled out of the property
because there is no left turn access out of the property. It is particularly difficult to make any kind
Buffalo Grove Plan Comm-Regular Meeting-December 6, 1995-Page 10
of left turn out of Fremont now so the proposed development would cause even more chaos. She
noted vacating Fremont would adversely affect residents' insurance premiums due to lesser access
to the homes in the area. She asked that the Commission give consideration to the homeowners
who were always promised only office development for the site.
Chairman Goldspiel asked if there would be any change in the ability to make a left turn out of
Fremont if a traffic light is installed at Heritage.
`.J Mr. Treesh stated any time you put a traffic control device on a main arterial you are creating
gaps which will make turns easier.
Lou Eisenberg, 1213 Franklin Lane, noted the right turn lane traffic on Route 83 would be
interrupted by cars leaving the site. He further noted people are often stymied in their attempt to
get into the right lane after turning left on Route 83 onto Arlington Heights Road. Residents now
often go down to Heritage before getting into the right lane. However, with a fast food
restaurant, people would be forced to try to get into that right lane in order to access the site,
creating a safety hazard. He noted the only solution to the problem is the development of an
office building, as planned by the Village 20 years ago and what Shell proposed originally.
Mr. Stein stated there were enormous objections to an early site plan which showed the Shell
facility and the rear portion of the site as a low intensity office site development. The residents
wanted open space.
Chairman Goldspiel asked if there has been any discussion with the Park District regarding
possible use of this open space.
Mr. Pfeil stated he has found out this parcel is actually in the Long Grove Park District and he has
not discussed anything with the Long Grove Park District as yet regarding any interest in
maintaining this area. The Village Board has expressed some concern about the Village taking on
the responsibility and cost. It would need to be worked out as to how this would be owned and
maintained.
Dave Mattis, 1463 Chase Court, noted the permitting of a turn on red on Route 83 was a part of
the IDOT plan to prevent cut through traffic through the Crossings. This allows traffic to
proceed rapidly from Old McHenry Road down to Heritage Place. He further noted that if
Fremont Way is to be blocked off it is essential to put a traffic light in at the same time at Heritage
Place. He also noted he has asked about the possibility of a left turn into the site off of Route 83
but received no answers as yet.
Mr. Treesh stated there is no chance for a left turn into the site off of Route 83. He noted the
state put in the barrier median to curb access. He stated they want to limit access on this major
arterial and a left turn would create accident potentials. He further noted there is not sufficient
space for a full length left turn storage lane with taper and IDOT would never approve this kind
Buffalo Grove Plan Comm-Regular Meeting-December 6, 1995-Page 11
of movement
David Lobocki, Bristol Lane, noted closing Fremont will effect the interior of the Concord
development. There will be an increased traffic flow along the open portion of Fremont. There is
a park there and it is already a dangerous speedway. Closing the portion of Fremont will increase
traffic thereby making it more difficult for the Crossings and Concord residents in terms of
parking and safety.
`.J Robert Williams, 1225 Bristol Lane, stated he is opposed to the closing of Fremont Way. He
stated emergency traffic comes almost exclusively off of Route 83 and turns left on Arlington
Heights Road. Closing Fremont Way will add time to emergency vehicle access which is surely
important.
Chairman Goldspiel asked what direction the Commission would now like to go with this
proposal.
Commissioner Berman stated it is premature to make a decision at this point until something is
heard about the light at Heritage Place. He noted that if there is no light at the time this
development is put into place and Fremont is closed, this development cannot proceed.
Chairman Goldspiel noted his agreement. He stated that any closing of Fremont must be
conditioned on there being a light on Heritage Place.
Commissioner Samuels noted agreement with the statement. However, as far as the actual
implementation the plan must be subject to the mechanism being worked out in advance as far as
the financing, construction and timing. He stated he feels it would be a benefit to most of the
residents to get rid of the pavement and make Fremont open space. However, he would be
sensitive to the residents' desire for pavement for potential emergency vehicle access.
Commissioner Rosenston stated he would like to know if the Fire Department would want
Fremont closed all the way or left available somehow for access.
Commissioner Berman stated he suspects the Fire Department will say the best of all world would
be to leave the street open, whereas in fact, the differential in response time is diminutive. He
noted he would like some more input from the Fire Department as well as Lake County.
Mr. Mattis noted there could be optional grass partially at each end of Fremont given the
appearance of grass being there so that cut through traffic would be discouraged.
Mr. Lobocki asked if the Village is willing to do something to deal with the parking situation near
the park and tighten the enforcement procedures to better insure traffic safety on Fremont Avenue
if Fremont Way is closed.
Buffalo Grove Plan Comm-Regular Meeting-December 6, 1995-Page 12
Commissioner Howard stated she would like to know the effects of traffic exiting off of Alden
and Carlton onto Arlington Heights Road if a traffic light is put on Heritage. She noted there is a
school in the area and these streets are widely used.
Chairman Goldspiel called for a polling as to whether Fremont should be closed or left open.
The polling was as follows:
Those in favor of closing Fremont: Krug, Howard, Rosenston, Samuels, Ottenheimer, Trilling,
Goldspiel
Those in favor of keeping Fremont open: None
Commissioner Berman abstained from the polling.
Chairman Goldspiel noted the following items which need to be addressed at the next workshop:
1. Who pays for traffic light
2. Fire Department comments on response time and emergency access
3. Who is to maintain green space
4. Anything to be done to straighten out traffic on Arlington Heights Road between Route
83 and Fremont
5. Amount of seating in fast food restaurant
6. Need to see sidewalks on Route 83 and Arlington Heights Road as well as internally
7. Dedication of green space and Fremont Way
8. Car drying area needed or not
9. Identity of fast food restaurant
10. Necessity of emergency access
11. Island necessary at the Route 83 entrance
12. Concern regarding merging traffic at car wash/drive up/pump area
Commissioner Rosenston noted he could see some destination traffic from kids and bikes coming
Buffalo Grove Plan Comm-Regular Meeting-December 6, 1995-Page 13
to the facility and he would therefore like to see some bike parking or stroller parking. In addition
he noted he would like to see a schematic drawing showing the tanker parked and cars moving
around same.
CHAIRMAN'S REPORT-None
FUTURE AGENDA SCHEDULE
�./ Mr. Pfeil noted there would be a meeting on December 13, 1995.
PUBLIC COMMENTS AND QUESTIONS -None
STAFF REPORT -None
NEW BUSINESS -None
ADJOURNMENT
Moved by Commissioner Rosenston, seconded by Commissioner Ottenheimer and carried
unanimously to adjourn. Chairman Goldspiel adjourned the meeting at 10:15 p.m.
Respec ly submi ,
A
Fay R bin, eco ding Secretary
APPROVED BY:
i
P N LDSPIEL, Ch rman
Buffalo Grove Plan Comm-Regular Meeting-December 6, 1995-Page 14
PUBLIC HEARING
BUFFALO GROVE PLAN COMMISSION
December 13, 1995
Consideration of amendment to Section 17.64.010- Review
Authority of the Buffalo Grove Zoning Ordinance
concerning public hearings by the Corporate Authorities
Chairman Goldspiel called the hearing to order at 7:30 p.m. in the Village Council Chambers,
Buffalo Grove Municipal Building, 50 Raupp Boulevard, Buffalo Grove, Illinois. Chairman
Goldspiel 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 Goldspiel
Ms. Howard
Mr. Samuels
Mr. Berman
Mr. Ottenheimer
Mr. Trilling
Commissioners absent: Mr. Krug
Mr. Rosenston
Mr. Lundine
Also present: Mr. Raysa, Village Attorney
Mr. Robert Pfeil, Village Planner
The following exhibits were presented by the petitioner at the public hearing:
Exhibit A: Memo dated December 8, 1995 with attached proposed draft dated 11/16/95
containing two alternative changes to Section 17.64.010
Mr. Raysa stated pursuant to the Illinois Municipal Code, non-home rule and home rule
municipalities can only amend their zoning regulations and the various zoning districts within the
Village pursuant to that section which reads that no such amendment shall be made without a
hearing before some commission or committee designated by the Corporate Authority. Therefore
pursuant to statutory law a commission or committee of the Village has to hold a public hearing.
Mr. Raysa stated that other municipalities have designated in certain cases the Corporate
Authorities themselves as the committee or commission that will hold the public hearing on any
Buffalo Grove Plan Comm-Public Hearing-December 13, 1995-Page 1
Authorities themselves as the committee or commission that will hold the public hearing on any
such amendment to the zoning code. Under certain circumstances, he would like to suggest that
the Corporate Authorities be able to hold a public hearing. He stated there are two areas for the
rationale behind this suggestion. One is litigation where the Plan Commission has previously held
a public hearing and the Corporate Authorities deny a zoning change. A lawsuit may then be filed
by the plaintiff owner of the subject property and then through negotiations the Village may want
to settle the case by means of compromise of that litigation. He further stated that case law states
that in order to settle that case on a different plan or a plan that has changes from the one that
originally had the public hearing, a municipality must follow its own zoning ordinance. He noted
the zoning ordinance in Buffalo Grove says that a public hearing must be held on that amendment.
Mr. Raysa stated the issue here is that you now have a new plan that a public hearing has not been
held on and his suggestion is that the Corporate Authorities could designate themselves as the
commission or committee that would hold the public hearing on that amended plan.
Mr. Raysa further stated another scenario is where the Plan Commission will hold a public hearing
on a plan on certain variations to the district and afterwards or at that public hearing, staff or the
Plan Commission determines that another variation is needed. Instead of doing another public
hearing at the Plan Commission level,the Plan Commission will suggest that a public hearing be
held on the missed variation at the Village Board level.
Mr. Raysa stated that is why he is suggesting an amendment to the Village of Buffalo Grove's
zoning ordinance in regards to this specific section. He stated he is aware of several suggestions
from the Plan Commission that the language previously suggested be revised so that a public
hearing would be held at the Plan Commission at least on the underlying petition. If subsequently
another public hearing is needed, the Village Board could hold that hearing as long as the
underlying petition had a public hearing. He noted he is presenting this language as Alternative#1
which reads: "Notwithstanding the foregoing subsection A., the Corporate Authorities may hold
any public hearing required by this Title so long as the Plan Commission or Zoning Board of
Appeals has held a public hearing on the underlying petition."
Mr. Raysa stated Alternative#2 reads: "Notwithstanding the foregoing subsection A.,the
Corporation Authorities may hold any public hearing required by this Title." The differences
between the two alternatives is that Alternative #2 does not require that the Plan Commission
have held a public hearing on the underlying petition. He stated the reason for Alternative#2 is to
give the Corporate Authorities the abilities to cover the possible scenarios that may happen in the
future whereby a public hearing has not been held at the Plan Commission level. Alternative#2
gives the Corporate Authorities a little more latitude.
Commissioner Berman asked if Mr. Raysa had a recommendation for one or the other
alternatives.
Mr. Raysa stated he would prefer Alternative#2 because it would cover that scenario that might
Buffalo Grove Plan Comm-Public Hearing-December 13, 1995-Page 2
occur in the future where timing is of the essence. He further noted that one of the rationales for
a public hearing is that there is newspaper notice to make the public aware of the hearing and to
let them express their opinions. Whether those opinions are expressed at the Plan Commission
level or at the Village Board level, you have met the requirement of allowing the public to express
their opinions.
Commissioner Berman asked if the term underlying petition defined elsewhere in the ordinance.
Mr. Raysa stated no. He stated that was language suggested by the Plan Commission at the last
workshop.
Commissioner Berman asked if the definition`underlying petition"were dropped, if another
public hearing would be needed.
Mr. Raysa stated yes.
Commissioner Berman stated he is concerned about the challenges to the concept of an
underlying petition if it is not defined in the statute.
Commissioner Ottenheimer asked why Mr. Raysa prefers Alternative#2 as opposed to
Alternative#1.
Mr. Raysa stated almost every village board will almost always refer a plan to the Plan
Commission. He stated he is trying to cover any scenario that may come up in the future.
Commissioner Ottenheimer noted Alternative#1 gives the Commission another layer of
protection to any possible challenge.
Mr. Raysa stated the requirement is that a public hearing be held. He noted that other
municipalities give the Corporate Authorities the authority to name itself or a committee to hold a
public hearing.
Commissioner Trilling noted that if the case arose where there was litigation, it would seem most
likely that it would be something that had already been before the commission. He stated he
could not really see another scenario where there would be another case of immediacy requiring
Alternative#2.
Chairman Goldspiel stated he prefers Alternative#1. He stated other municipalities using similar
practices to Alternative#2 do significantly limit the instances that could be subjected to that
process. The underlying petition language is a safeguard.
There being no further comments or questions from anyone else present, Chairman Goldspiel
closed the public hearing at 8:00 p.m.
Buffalo Grove Plan Comm-Public Hearing-December 13, 1995-Page 3
Respectfully submi ,
F Rub' R ording Secretary
APPROVED BY:
S P N GO , IE , C airman
Buffalo Grove Plan Comm-Public Hearing-December 13, 1995-Page 4