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Buffalo Grove Planning and Zoning Commission meeting focuses on rezoning approval

Meeting 04

The Village of Buffalo Grove Planning and Zoning Commission gathered for a meeting on Wednesday, May 18.

The Buffalo Grove Planning and Zoning Commission was established on June 16, 2014. It replaces the former Plan Commission and Zoning Board of Appeals.

The commission reviews issues related to annexations, development proposals, subdivisions and variations of the Village Development Ordinance, Fence Code, Sign Code and Zoning Ordinance.

Here are the meeting minutes as provided by the Buffalo Grove Planning and Zoning Commission:

MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE

VILLAGE OF BUFFALO GROVE HELD IN THE COUNCIL CHAMBERS, 50 RAUPP BOULEVARD,

BUFFALO GROVE, ILLINOIS ON WEDNESDAY, MAY 18, 2016

Call to Order

The meeting was called to order at 7:38 PM by Commissioner Eric Smith

Public Hearings/Items For Consideration

1. Consider Approval for Annexation, Rezoning, Preliminary Plan Approval, Special Use

and Variations to Construct a 10,782 Square Foot Retail Center, with a Drive-Through

Restaurant for the Property at 20914 & 20929 N Milwaukee (Unincorporated) (Trustee

Weidenfeld)

Mr. Jeffrey Silverman, MJK Real Estate Holding Company; Orlando Vivacqua, Soos &

Associates; Javier Millan, Kenig, Lindgren, O'Hara, Aboona Inc.; Curtis Smithson,

Smithson & Associates Inc.; Robert Soos, Soos & Associates; and Richard Silverman,

MJK Real Estate Holding Company, were present and sworn in.

Mr. Silverman explained that they appeared before the Planning & Zoning Commission

(PZC) back in January, 2016 for a workshop on the proposed development. At that

workshop, the PZC provided feedback on the proposed development. They took those

recommendations and made some modifications to the proposed plan. They have since

purchased the property and signed a tenant lease with Potbelly with an anticipated

delivery date of October, 2016. In order to achieve this this, they will need final approval

by early June.

Mr. Vivacqua reviewed the proposal. He explained that it is similar to the previous plan

that was presented to the PZC. They have maintained to the two retail tenant buildings.

They have reduced the building sizes and shifted the buildings slightly to the west to

accommodate IDOT. They would like to maintain access points on both the north and the

south ends of the property. Mr. Vivacqua reviewed the proposed landscape plan. There

will be substantial plantings along the perimeter to the west and have added additional

landscaping on the north elevation of the south building. They are proposing a 6 foot

privacy fence along with trees along the west property line adjacent to the residential

area. Mr. Vivacqua reviewed the proposed lighting plan. They have maintained a good

light level throughout the site with emphasis on the drive thru. The lights along the west

property line would be directed into the center with shields to block the light from spilling

over onto the residential property to the east. Mr. Vivacqua reviewed the proposed

building elevations. The building would consist of brick and smooth face block. They

would also provide EIFS above the front elevations of the buildings. They designed two

different parapet heights to accent the buildings. There would be fabric awnings over the

store fronts. Mr. Vivacqua reviewed the proposed signage. The proposed signs on the

east elevation are permitted by Code. They are requesting variances to allow additional

wall signs on the north and south elevations of the buildings due to the buildings being

setback from the road. The proposed ground sign would be 25 feet in height and would

be constructed of similar materials as the buildings. The ground sign would be an 80

square foot, two-side sign. Mr. Vivacqua advised that there is an updated ground sign

rendering and inquired if the PZC has had a chance to review it. Mr. Stilling advised that

he had no distributed the revised sign rendering to the PZC. Mr. Vivacqua distributed a

revised ground sign rendering.

05/18/2016

Ch. Smith entered the revised sign rendering with a revision date of May 13, 2016 as

Exhibit 1.

Mr. Vivacqua advised that the revised sign would still be constructed with similar

materials at the base to more closely match the buildings.

Mr. Smithson discussed the engineering aspects of the project. The property is

comprised of 1.53 acres. The two existing lots are in the process of being consolidated

into one lot. The existing PJ’s Restaurant is on the north lot and the formerly McDonald’s

was located on the south lot. The proposed drainage is directed towards Ash Street. The

south access drive will remain. The east access will be a one in and two out. They are

anticipating the access drive to the north. The dumpsters would be located at the

northwest and southwest corners of the property. The water service will be a 6” main into

the property. The current sewer system is connected to the County system. Rather than

installing a pump station on the property, they have agreed to keep the existing system

place. Both proposed elevations will meet the watershed requirements. They will need to

provide water storage on site as there is no pump storage available. They have agreed to

provide funding for a flood study to be conducted that would benefit all parties: the

County, the Village, and the property. The study will look at ways to optimize flood

storage for the entire area. Overall the proposed development would decrease the

impervious surface coverage that currently exists. The previous McDonald’s site had a

storage pump system and vault. They will maintain that vault system. The parking lot is

pitched away, toward Milwaukee Avenue. Run off from the west will discharge to the Ash

Street ditch. The central drive and other areas will be directed to the sub-storage system.

Com. Goldspiel inquired about the appearance of Dryvit. Mr. Vivacqua explained that

Dryvit is a brand name and is an exterior insulation system. The proposed buildings will

utilize EIFS. Com. Goldspiel asked if the product has been improved upon since the time

it was introduced as a building material. Mr. Vivacqua responded that the system itself

has always worked. He believes that it was previously installed incorrectly. He will only

use a EIFS product that has a drain board. That system works very well when installed

properly. Com. Goldspiel asked staff to look at the proposed name of the center. There is

already a residential subdivision named the Crossings. He also asked the Developer to

look at the possibility of installing landscaping on both side of the fence adjacent to the

residential homes. Mr. Vivacqua responded that landscaping is only proposed on the east

side of the fence. Mr. Stilling added that the fence style can be adjusted to provide more

separation, such as changing the fence to a solid vinyl fence instead of wood. Mr.

Silverstein advised that at another MJK Development, they installed a nice fence with

plantings on the interior side of the fence. The feedback from that layout was very

positive. He also added that they could possibly add landscaping to the west side of the

fence if there is room to do so. Com. Goldspiel asked about the proposed lighting plan

and the amount of light that would affect the residential homes. Mr. Vivacqua stated that

with the shields installed, the candeliers on the residential side would be at or below.5

and that does not even take into account the fencing either. Com. Goldspiel asked why

they are posing the shorter parking stalls. Mr. Vivacqua stated that 18.5 foot spaces are

A-typical. They are trying to accommodate all recommendations for the site. They even

shrunk the buildings down a bit. Mr. Stilling advised that it was partly his direction to use

the 18 foot parking stalls. The spaces would be 9 foot by 18 foot, which is fairly standard.

Com. Goldspiel advised that the largest vehicle out there is a Ford F150 with the largest

including the bed being 23 feet long and the smallest including the bed being 17.4 feet.

Newer cars also have lower air dams. Newer cars cannot clear the curbs like old cars

could. Mr. Stilling responded that the majority of the vehicles that would be utilizing this

center would be passenger cars for which 18 feet would be more than enough room. Mr.

Millan commented that data is available. Trucks can be very large. However, you must

05/18/2016

come up with an average, you cannot just plan for the longest vehicle. The average sized

vehicle is 17.3 feet with 9 inches to account for the bumper. He feels comfortable with the

proposal. It is the industry standard. If they opted for the 18.5 foot stalls, it would increase

the impervious surface coverage. Com. Goldspiel stated that parking must be looked at

very carefully. His main issue is the parking in the floodplain. He asked how much water

would a car be in if the parking lot flooded. Mr. Smithson responded that the lowest point

is 2.7 feet. Com. Goldspiel asked what the elevation of Milwaukee Avenue would be after

the roadway improvements. Mr. Smithson stated that he does not know. Com. Goldspiel

asked what the elevation of Milwaukee Avenue is now. Mr. Smithson stated that the

current elevation is the lowest point of the property. He added that in a flood situation, the

businesses would be closed and there would not be any cars in the lot. Com. Goldspiel

stated that the parking area in the front of the building does not have the same flooding

potential. He asked what would happen if flood waters came up fast. Mr. Smithson stated

that in a flooding situation such as the being suggested, there would be a couple of days

notice. The buildings themselves are 2 feet above the parking elevation. Com. Goldspiel

asked about how long it would take for any flooding to recede. Mr. Smithson does not

know. Mr. Monico asked Mr. Smithson what the existing elevation of the lot is. Mr.

Smithson responded that it would be the same as what is being proposed. Mr. Monico

asked about Ash Street. Mr. Smithson stated that the Ash Street Ditch is 2 feet lower and

Ash Street is at the same elevation as the development. Mr. Monico advised the PZC that

there would be more than enough warning if the area were to flood.Com. Goldspiel asked

about expected outcome from the study that will be funded by the Developer. Mr.

Smithson responded that if the large could be modified, by even a little, it would make a

big impact on the area. They are working with the Village and County on the study. Mr.

Monico added that the Village had worked with the Developer with regards to detention

on-site and the reduction of impervious surface. They are working on this agreement in

the effort to eliminate future flooding. They meet the compensatory storage requirements.

Mr. Stilling added that the study will benefit the Village, County and the entire area. Com.

Goldspiel remarked that the 100 year flood happens much more often than every 100

years.

Com. Khan stated that in the six county area, the County has to decide whether to apply

the 100 or 500 year storm to a property based upon the flood plain. He asked if the

Developer will be lowering the parking. Mr. Smithson replied that they will have to raise

the parking lot in order to slope in down for drainage purposes. Com. Khan asked if they

are anticipating any flooding issues with the former McDonald’s site. Mr. Smithson

believes that it is very unlikely. Com. Khan asked if the underground storage is for one or

both lots. Mr. Smithson responded that the underground storage is only on the former

McDonald’s site. Com. Khan asked if there will be a gravity flow. Mr. Smithson stated no.

Com. Khan asked about the access in and out being reduced once Milwaukee Avenue

improved. Mr. Millan explained that the proposed dual left turn lane for Milwaukee

Avenue will be fairly long with a raised meridian. Therefore, they would need to change

the access off Milwaukee Avenue to a right in/out access. However, until that

improvement happens, there will be full access off Milwaukee Avenue.

Com. Cesario confirmed with the Developer that the proposed development will have two

buildings; the same impervious surface coverage; the site will maintain water detention;

there will be stacking for 13 vehicles in the drive-thru; there are 69 parking spaces

propose, which is within Code); and the length of the parking stalls are proposed to be 18

feet, for which most of them will be angled; there will be cross-street access with

Milwaukee Avenue; the old sign was 35 feet in height and the new proposed ground sign

would 25 feet in height; and the proposed height would be about 24 feet high. He asked

the Developer to compare their proposed signage with the signage located at the Center

across Milwaukee Avenue in Lincolnshire. Mr. Silverman advised that the proposed

signage would be smaller than that and emphasized the need for the signage based

05/18/2016

upon the proposed building setback from the roadway. He added that they need a street

presence. Com. Cesario asked about the current fencing on the property. Mr. Silverman

stated that there currently is not a fence on the former McDonalds property but previously

there was an 8 fence.

Com. Weinstein advised that the proposed drive-thru requires a Special Use. He asked

the Developer to explain how they meet the criteria in order for the PZC to recommend

approval. Mr. Vivacqua reviewed the criteria and explained that this development will be

a similar use to other uses in the area; the proposed drive-thru will not interfere with

parking in the lot. Com. Weinstein asked if any signage is proposed for the drive-thru. Mr.

Stilling advised that any signs for the drive-thru will need to meet the Village’s Sign Code.

Mr. Vivacqua continued to explain that they have accounted for stacking and the stacking

will not interfere with the parking lot; and all utilities, access and drainage have been

accounted for. Com. Weinstein asked about the need for the additional wall signs on the

north and south elevations of the buildings. Mr. Vivacqua explained that the buildings will

be setback from the roadway and the additional signage will benefit the tenants in the

end units of the buildings. Com. Weinstein asked about the proposed fence along the

west property line and asked the Developer to commit to the fence materials that will be

used. Mr. Silverman explained that they are proposing a 6 foot high wood privacy fence

with landscaping.

Com. Moodhe asked about the use of the EIFS on the buildings. Mr. Silverman

responded that EIFS is a convenient material as well as good for signage when tenants

change and it will not leave holes in the building. They are proposing the EIFS coverage

to be approximately 10-15% of the proposed buildings. Com. Moodhe discussed the

parking lot lighting and asked for the Developer to consider looking at different types of

lighting available, such as LEDS. Com. Moodhe then asked staff to explain the flood

study. Mr. Stilling responded that the entire area would be looked at and would benefit

with future flood relief. Com. Moodhe then asked staff about future annexation

possibilities if this parcel is not annexed into the Village. Mr. Stilling explained that the

annexation of this site could lead to the possible annexation of additional properties to the

south. Com. Moodhe then asked about the cross access with the property to the north.

Mr. Stilling indicated that he will address that issue after the public comments.

Com. Weinstein commented on the address of the site as shown on the revised sign

drawing. Mr. Stilling advised that the Village would assign a new address after the

annexation. Com. Weinstein asked about the proposed cash donation in lieu of

construction of the required 8 feet wide sidewalk. Mr. Stilling explained that with the

pending improvement to Milwaukee Avenue, the Village felt it would make sense to have

a cash donation instead of having the Developer install the sidewalk just to have to reinstall

one when Milwaukee gets widened.

Com. Goldspiel confirmed that eventually there would be a sidewalk. Mr. Stilling

responded yes.

There were no additional questions or comments from the Commissioners at this time.

Ch. Smith entered the Staff Report dated May 18, 2016 as Exhibit 2.

05/18/2016

Mr. Kasha Khoshaba, 20882 N. Ash Street, was present and sworn in. Mr. Khoshaba

explained that the two proposed buildings with at least five tenants would be bad for the

area. There was previously a 10 foot high fence and now they are proposing only a new 6

foot high fence. There should be a higher fence proposed and more landscaping along

the property line adjacent to the residential properties. He also advised that there is a lot

of bad traffic now. It is impossible to turn left onto Milwaukee Avenue out of their

subdivision.

Com. Goldspiel asked Mr. Khoshaba where the traffic problem is. Mr. Khoshaba

responded along Milwaukee Avenue.

Ms. Hilary Khoshaba, 20882 N. Ash Street, was also present and sworn in. She added

that with the two buildings that were there, PJ’s and the former McDonalds, you could not

turn left onto Milwaukee Avenue from Pekara Drive. People cut through the parking lot for

the medical building to access the light. Traffic also cuts down Ash Street as well. This

will generate more than double the traffic. There will also be more noise. She suggested

adding more landscaping and trees in addition to any fencing. Mr. Stilling advised that a

solid vinyl fence could be installed. There will also be a retaining wall that will be about 2

feet high in addition to the fencing. All will help reduce any noise. Ms. Khoshaba

suggested they could also look at cutting out the south access so traffic does not cut

down the street. Mr. Stilling responded that he does not see the south access being

eliminated.

Mr. Daniel Angspatt, PE, Shorewood Development Group, 2951 N. Clybourn, Chicago,

IL, was present and sworn in. He is the Engineer for the Berenesa Plaza project. They

had questions regarding access to the north. As proposed, the current plans for the

parking layout may affect their development. Most users will not like the one-way layout

of the proposed parking lot and will likely use Shorewood's parking lot and spaces to the

north. They also have concerns regarding the compensatory storage on-site. This

development will be pushing water faster toward their site.

Mr. Stilling advised that staff is working with both developers. It would be a major benefit

to have the cross-access to the north. Staff is supportive and trying to balance both

developments. A concern has been raised that the major tenant with the drive-thru,

Potbelly, actually generates more traffic than what was anticipated and would cause

customers to utilize the lot to the north for parking. Cross-access is desired and the

Village is trying to address both concerns. He advised that staff recommends that the

public hearing be continued until the June 1, 2016 regular meeting in order to finalize

some of these issues.

Mr. Silverman added that conditions have changed since the project had started. This

development makes sense. This parking issue has come up in the 11th hour. If the project

is delayed, they will incur additional, unexpected costs. They have decided to annex into

the Village and they are just waiting for direction.

Com. Moodhe added that almost all of the parking at the PJ’s building is in the back. It’s

not that big of a deal to park in the back. Maybe dual access to the building can be

achieved. He understands that there are two completing developments. However, this is

one Village and everyone should work together.

05/18/2016

Mr. Stilling explained that the Village wants a design that will work for both parties.

Com. Cesario stated that he is less concerned about people abusing the parking. The

parking can be managed by signage.

Mr. Millan advised that he has compiled the data on Potbelly and he can provide that

data for the next meeting.

There were no additional questions or comments from the Commissioners. There were

no additional questions or comments from the audience.

The public hearing was closed at 9:30 P.M.

Moved by Com. Goldspiel, seconded by Com. Cohn, to Table the public hearing to the

next regular meeting of the Planning & Zoning Commission to held on June 1, 2016 in the

Jeffrey S. Braiman Council Chambers of the Village Hall.

Com. Goldspiel would like the flood issue with the parking lot to be addressed.

Com. Cesario would like to see some improvements in the barrier to the west. Maybe a

taller fence or use a different material.

Com. Cohn requested more information on the traffic flow in and out of the site along with

the impact of the drive-thru stacking. Mr. Silverman asked if Com. Cohn wanted the

impact information for before or after the Milwaukee Avenue improvements. Com. Cohn

asked for both. Mr. Millan advised that after the improvements, the que’s should be

reduced.

Com. Goldspiel asked Mr. Monico if the flood plain map is accurate. Mr. Monico

responded that he believes the map is accurate.

RESULT: TABLED [UNANIMOUS]

Next: 6/1/2016 7:30 PM

MOVER: Stephen Goldspiel, Commissioner

SECONDER: Matthew Cohn, Commissioner

AYES: Smith, Moodhe, Cesario, Cohn, Goldspiel, Khan, Weinstein

ABSENT: Scott Lesser, Ira Shapiro

Regular Meeting

Other Matters for Discussion

Approval of Minutes

1. Planning and Zoning Commission - Regular Meeting - May 4, 2016 7:30 PM

05/18/2016

Moved by Com. Moodhe, seconded by Com. Khan, to approve the minutes of the

May 4, 2016 Planning & Zoning Commission regular meeting.

Com. Goldspiel advised that on Packet Page 47, 3B1, "the Law Enforcement

Defensible Space Act" is not an Act but a policy.

RESULT: ACCEPTED AS AMENDED [7 TO 0]

MOVER: Adam Moodhe, Commissioner

SECONDER: Zill Khan, Commissioner

AYES: Smith, Moodhe, Cesario, Goldspiel, Khan, Lesser, Weinstein

ABSTAIN: Matthew Cohn

ABSENT: Ira Shapiro

Chairman's Report

None.

Committee and Liaison Reports

Mr. Stilling advised that the Village approved the Ordinance approving the First Amendment to

the First Amended and Restated Economic Incentive Agreement with Connexion Located at 1700

Leider Lane on May 16, 2016.

Staff Report/Future Agenda Schedule

Mr. Stilling advised that the continued public hearing is the only agenda item at this time for the

June 1, 2016 Planning & Zoning Commission meeting. He also advised that there are two regular

meetings scheduled for July, 2016. Staff is looking to cancel both and hold a Special Meeting on

July 13, 2016. He asked if any Commissioners had a conflict with that date to advise him.

Mr. Stilling also announced that the RFP for the Lake Cook Road Study has been issued.

Public Comments and Questions

None.

Adjournment

The meeting was adjourned at 9:46 PM

Chris Stilling Director of Community Development

APPROVED BY ME THIS 18th DAY OF May , 2016

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