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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