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HomeMy WebLinkAboutPLAN COMMISSION - 03/16/2005 - DEVON AVE MARKET Elk Grove Village RECEIVE,) Plan Commission Minutes MAY 13 2005 March 16, 2005 Y�✓(� CIfR,Y',S OffICE Present: F. Geinosky J. Meyers E. Hauser C. Henrici T. Thompson D. Sokolowski J. Glass P. Ayers D.Paliganoff Absent: NONE Staff: M. Roan, Assistant to the Village Manager S. Trudan, Assistant Director of Community Development M. Pye, Assistant Director of Engineering Petitioner: T. Bolger, Devon Avenue Market Development Corporation J. Kasuba, Attorney Chairman Glass called the meeting to order at 7:05 p.m. Item 1: February 16 Meeting Minutes After Secretary Geinosky pointed out a typographical error, Commissioner Meyers motioned to approve the meeting minutes and Commissioner Thompson seconded the motion. Upon voting(Glass, Geinosky, Hauser, Meyers,Henrici, Paliganoff, Ayers, Sokolowski, Thompson, AYES) the motion carried. Item 2: PC Docket 05-02: Devon Avenue Market—Special Use Chairman Glass read the petition into the record. T. Bolger identified himself as the petitioner. Secretary Geinosky swore in T. Bolger and his attorney J. Kasuba. T. Bolger began his presentation by addressing the concerns expressed by the Department of Engineering& Community Development. He addressed staff's concern and stated that the detention would drain to the east of the property and that the easement already exists. He also noted that the calculations for the detention have already been made and could be made available to Engineering. In regards to the questions about berming and fencing,T. Bolger stated that he would be replacing the fence along the Berthold property. In addition,lie would construct a berm measuring eight foot(S') tall, by twelve foot (12') wide, by 225' in length with the permission of Berthold's, who have an eighty-year - 1 - lease on the area with ComEd. They would not be able to plant trees along the berm since the trees may interfere with the power lines. In exchange, it was proposed that he would plant bushes and shrubs. Engineering had expressed some concern that there was not enough room for the fence next to the parking lot. T. Bolger noted that the plan has been adjusted and that there is now room for cars to overhang the parking lot and not hit the fence. T. Bolger stated that the driveways would be replaced in connection with the Devon/Tonne Intersection Improvement program that would take place later this summer. T. Bolger asked Jutta Stone, of Harris Bank, to address Engineering's request to reconfigure the drive aisle that exits to the south and is along the west side of the proposed development. Engineering had sought an entrance and exit along this drive aisle and T. Bolger was proposing an exit only from his proposed development. J. Stone stated that she was against Engineering's request for an entrance and exit at this location. In addition, she also indicated that Harris Bank would not be in favor of having the proposed development use their existing drive aisle as an exit lane. She stated that Harris Bank feared this would create a situation that would cause accidents. Chairman Glass inquired as to how many years were left on Harris Bank's existing lease. J. Stone stated that they had two years left on their lease. In regard to the rear of the current shopping center, T. Bolger agreed that it is a mess with garbage dumpster strewn all over the rear drive aisle. He stated that it was due to the fact that there are between 7 and 8 different garbage and grease collection companies. If they were required to connect the rear drive aisle into the proposed development, it would make the traffic situation worse because all of the garbage trucks and delivery trucks would intermix with the shopping center and bank traffic. J. Stone stated that Harris Bank would be concerned with any configuration that would allow delivery trucks to mingle with the bank traffic. Jack Yong, also of Harris Bank, noted that many different corporations bank during the lunch period and use the drive-thrus. J. Stone reiterated that Harris would prefer not to see any new drive-isles created that would mingle with the existing bank traffic. Chairman Glass noted to J. Stone that he heard Harris was considering leaving their current location. J. Stone stated that they are exploring all options. Commissioner Meyers asked if the proposal would preclude Harris Bank from expanding. J. Stone noted that the bank did not have plans to expand. Commissioner Meyers asked the petitioner who maintained the"Do Not Enter" sign near the bank exit. Commissioner Meyers noted that it seems the sign is always either knocked down, twisted or facing the wrong direction. T. Bolger stated that it was his responsibility to maintain that sign, but that he has constant problems with it being knocked down. He also noted that he has had constant problems with the dumpsters. Fortunately, with the help from the Village, he has been able to cancel all existing garbage contracts and hire one company to be responsible for all garbage service. T. Bolger stated that instead of having 16 individual dumpsters serving all of the tenants,there will now be six, 8-yard dumpsters to serve the entire shopping center. Commissioner Meyers again asked the petitioner who maintains the"Do Not Enter" sign. T. Bolger noted that there was nothing he could do regarding the fact that the sign keeps getting knocked down. He stated that he would like the Village to levy fines, but the Village does not have an ordinance. Chairman Glass asked the petitioner why he was here and what he was proposing to build. T. Bolger stated office/warehouse, similar to what was constructed at Ridge and Devon. He stated that the fagade - 2 - would be similar to what already exists at the current shopping center, which is red brick with green awnings. The petitioner indicated that usage of the development would be similar to what has been constructed at Devon and Ridge and Devon and Nerge. They would be small businesses with showrooms in the front and assembly or storage in the back. T. Bolger indicated that he has driven through the Village and believes there is a need for this type of facility. T. Bolger stated that commercial development would not work since it is an industrial shopping center and not a residential shopping center. At one point he indicated that he had a car care center,but that it did not work. The development that he is proposing will work because of the low interest rates and the need of small businessmen wanting to get into the real estate market. T. Bolger stated that he has been around the area and has yet to see an office/warehouse facility that hasn't been successful. He believes that by the time he builds them, they would all be sold. In regard to the parking lot,T. Bolger noted that it was in bad shape,partly due to the fact that ComEd dug up a portion of it and hasn't fixed it. He stated that he would fill in the big holes and replace the asphalt once the plants open up this spring. Chairman Glass asked why it was appropriate to put the proposed use there and not retail. T. Bolger stated that it is an industrial shopping center and Elk Grove Village does not support his shopping center. Chairman Glass stated that it is a typical shopping center. T. Bolger replied that it is not a typical shopping center in that it appeals only to the industrial park. Chairman Glass stated that he was not debating who comes to the shopping center,just the fact that it is a retail use. T. Bolger stated that no retail would go into the shopping center because there is no market for the location. Commissioner Hauser asked why there wasn't a market and noted that Ace Hardware once operated from the shopping center. T. Bolger stated that they were there, but left to purchase their own location. Commissioner Ayers stated that they left because they needed more space. Commissioner Ayers stated that you could get retail there that can be successful, noting Miller Ace, Sun Drugs and several restaurants. T. Bolger replied that it only appears to be successful. Despite the restaurants success,he has had a 4,000 square foot storefront vacant for at least 8 years. Commissioner Ayers stated that he does not think this development is right for the location and that retail would be a better fit. T. Bolger stated that it is a magic act to sign restaurants to work in the same center with the others and not compete with whom is already there. Commissioner Ayers stated that he does not disagree that if you put retail in the facility it might not be successful. He also stated that just because you have had the center for 37 years,the zoning should be changed to allow for what is a hot commodity today. Chairman Glass followed up by saying that this type of use does not lend itself to the location. - 3 - Chairman Glass noted that a concern of his was the ingress and egress of traffic in front of the current shopping center. Although the petitioner may say a problem will not exist, once the petitioner sells the units it becomes difficult to control what the new tenants do. Chairman Glass reiterated that this is not a good use of the land. He also noted that the proposal would likely compound the problems that already exist at the shopping center. M. Pye also acknowledged that the turning radius around the proposed development was extremely tight. Commissioner Hauser stated that office/warehouse could become a cyclical trend. T. Bolger agreed,but noted that individual businessmen will own the properties and hold onto them. Commissioner Hauser noted that there exists similar tenant space within the Village's 5.4-mile Business Park. T. Bolger disagreed and stated that there are only three competitive units and that they have a poor location. Commissioner Hauser asked how trucks from the back would access the trash enclosures. T. Bolger stated that he intended to take control of it himself and that he would increase the pickups. In addition, he noted that he anticipates that the trucks would enter the proposed development by driving across the front of the existing shopping center. Commissioner Hauser asked the petitioner if he was seeking a zoning variation. T. Bolger stated that he was seeking a variation to allow for 16% office and 84% warehouse. The current zoning ordinance requires 60%office and 40% warehouse. Commissioner Meyers noted that he received the impression from the bank that they were probably looking for another site. T. Bolger stated that he was already marketing the property to another bank, and noted that banks are driving up the cost for real estate. T. Bolger admitted that the existing building is quite dated. In 1991 when he was remodeling the shopping center, he did not do anything with the bank property. Commissioner Henrici inquired if the zoning was permitted as a special use. S. Trudan noted that the special use allows for warehousing as long as it is accessory to the building. The facility still has to have retail as its primary use. S. Trudan noted that he has rejected numerous zoning applications at the Devon and Ridge site. Commissioner Henrici asked if the petitioner had any perspective buyers. T. Bolger stated that he did not. Commissioner Henrici stated that he felt the proposal was a good use for the site. Secretary Geinosky referenced Alan Boffice's February 10 and March 10 memos. Secretary Geinosky asked the petitioner if he had addressed the parking requirement. T. Bolger stated that 58 spaces are required and that he would provide 133. S. Trudan noted that the petitioner would need to share 15 parking spaces with the adjacent shopping center. Secretary Geinosky addressed the eight(8) outlined conditions that need to be met. T. Bolger agreed that all conditions would be met. - 4 - Secretary Geinosky asked if the petitioner agreed with staff s request to install rear access to the site.T. Bolger stated that he disagreed with staff s request for rear access. Secretary Geinosky asked if a landscaping plan had been provided to staff. T. Bolger stated that he had not provided a detailed plan,but has spoken with staff regarding a plan. Secretary Geinosky asked if staffs concern regarding the two-foot(2')parking overhang has been addressed. T. Bolger stated that the concern has been addressed and that he has met all of staff requirements. Secretary Geinosky asked if the petitioner had addressed Engineering's comment regarding detention calculations. T. Bolger stated that he had. Secretary Geinosky referenced Engineering's comment on where detention would drain. T. Bolger stated that it would drain to the east. Secretary Geinosky asked if the petitioner agreed with the Police Department's comments regarding lighting. T. Bolger stated that he agreed. Secretary Geinosky asked the petitioner about traffic volume and what affect the customers and employees of the proposed development would have on it. T. Bolger stated that there would be minimal effect since this would not be the type of development that would generate a lot of traffic. Commissioner Thompson stated that he was concerned with the proposed traffic flow through the bank's exit lanes. He noted that the proposal would not work. Commissioner Sokolowski stated that this proposal is not right for the area. He noted that there would be problems generated as the result of traffic flowing in front of the existing shopping center and due to the small turning radiuses. Commissioner Ayers stated that he has heard that Gullo is close to closing a deal with Pulte Homes that would result in 237 townhomes being constructed across the street from the existing shopping center. He noted that this addition would be a nice compliment to the shopping center. Although the office/warehouse might seem like a good solution in the short term, Commissioner Ayers stated that this was still not the right use for the property. Commissioner Paliganoff asked the petitioner what types of tenants would use his facility. T. Bolger stated the following: window and door, glass contractors, electrical, flooring, cabinet, industrial tool, computer, medical equipment, and accountants. Commissioner Paliganoff reiterated that one of his primary concerns was the turning radius. Chairman Glass requested a recess at 8:25. At 8:30 the hearing reconvened. Chairman Glass read into record the comments submitted by N. Broten-Munson. Ms. Broten-Munson indicated that she is not pleased with the way the property owner has maintained the current shopping center. In addition, if approved, she asked that stipulations be included to beautify the proposed development as well as the existing shopping center. She asked that the petitioner screen the existing shopping center dumpsters. She expressed concern with the additional truck traffic that may be generated as the result of the proposed development. Finally, she stated her concern that her children must walk through the existing rear parking lot in order to access the park, which she felt was a hazard. - 5 - Chairman Glass noted that he has been to the site several times and that there is currently a dumpster blocking the sidewalk to the park, which was a disappointment to him. T. Bolger noted that the park was not his land to screen. Chairman Glass reminded the petitioner that he would have to screen the new development. T. Bolger stated that he would use Berthold's property to do so. Chairman Glass stated that the screening has to take place on his parcel of property. T. Bolger stated that he would like to use the land being leased by Berthold's. Chairman Glass noted that the proposed site plan shows greenery within the existing parking lot. T. Bolger stated that the work was done 9 years ago and that the greenery is there. Chairman Glass asked the petitioner if he would be fixing up the rear of the shopping center. T. Bolger stated that the center is 37 years old and questioned what could be done. Chairman Glass stated that the petitioner could finish the rear of the building in a manner that was done to the front. Any attempt to clean up the property would be accepted. Chairman Glass asked how tall the curb was at the south end of the proposed development. M. Pye stated that the curb was a six-inch(6")barrier curb. Chairman Glass noted that he was not pleased that the only workable driveway access was across the front of the existing shopping center. He also noted that he was far unhappier with the proposed use of the property. Chairman Glass asked if anyone in the audience had any questions, there were none. Secretary Geinosky stated that it was his general understanding that it was the Village's vision to have commercial/retail along Devon Avenue from Arlington Heights Road to Tonne Avenue. Commissioner Meyers stated that the Plan Commission was wrong in granting approval for the office/warehouse development at the comer of Devon and Ridge. Commissioner Meyers stated that he had mixed emotions about the development. He noted that if the residential units were constructed to the south, the site would become really attractive to perspective retail and commercial tenants. If not, it appears the site will remain vacant. He also noted on the potential redevelopment of Berthold's property. Chairman Glass noted Commissioner Meyers's issues as to why this proposal is not appropriate. S. Trudan reiterated that the percentage of office compared to warehouse has to be calculated on a per unit basis per the Village's Zoning Ordinance, not as a whole. Chairman Glass agreed. S. Trudan also noted that if approved, the petitioner must realize that the parking is tied to the use, thereby making the use very restrictive. There being no further comments, Secretary Geinosky moved to recommend Do Not Grant of the Special Use petition for Devon Avenue Market to construct office/warehousing on the northwest corner of Devon and Tonne,on property adjacent to Devon Avenue Market. Commissioner Hauser seconded the motion. Upon voting(Geinosky, Hauser, Meyers, Paliganoff, Ayers, Sokolowski, Thompson, AYES, Henrici, NAYE, Glass, ABSTAIN) the motion carried. Item 6: Adjournment - 6 - Commissioner Sokolowski moved to adjourn and Commissioner Meyers seconded the motion. Upon voting(Glass, Geinosky, Hauser, Meyers, Henrici, Paliganoff, Ayers, Sokolowski,Thompson, AYES) the motion carried. The meeting was adjourned at 8:45 p.m. Respectfully submitted, xzvb� Matthew J. Roan Assistant to the Village Manager C: Chairman and Members of the Plan Commission, Mayor and Board of Trustees, Village Clerk, Village Manager, Assistant Village Manager, Assistant to the Village Manager, Administrative Intern, Director of Engineering/Community Development, Director of Public Works, Fire Chief, Deputy Fire Chief(2), Assistant Fire Chief, Village Attorney. April 15, 2005 TO: Maypi--az d7oaof Trustees FROM: i(\ � Jo R. Glass, Chairman, Plan Commission SUBJECT: Devon Avenue Market Special Use Petition—Finding of Fact PC Docket# 05-2 On March 16, 2005 the Plan Commission held a public hearing to consider the petition of Terrance Bolger, on behalf of Devon Avenue Market Development Corporation, to obtain a Special Use permit to construct office/warehousing on the northwest corner of Devon and Tonne, on property adjacent to Devon Avenue Market. A Special Use is required to construct and operate office/warehouse on this property, which is zoned B-1 Business District(Shopping Center). The proposed development, which is located on a 2.414-acre parcel, would consist of 21 office/warehouses within a 31,500 square foot facility. In addition to the request for a Special Use, the petitioner was also requesting a variation from the Village's Zoning Ordinance to allow for 16% of the facility to be used for office and the remaining 84% to be used as warehousing. The Village's Zoning Ordinance requires that 60% of units be designated as office and 40% warehouse. During the course of the public hearing several major concerns were raised. The first of which was the property maintenance of the existing shopping center. The Plan Commission and staff raised concerns with the garbage dumpsters in the back of the building that were blocking rear drive aisle. The petitioner indicated that he would be taking control of the garbage pickup and that the problem would be corrected. Another concern that was raised was the condition of the existing parking lot. The petitioner stated that the potholes would be patched once the asphalt plants open up this spring. Another primary concern of this petition was the surrounding zoning. It was the consensus of the Plan Commission that this type of use would not fit with the surrounding commercial zoning. The proposed development is situated next to a commercial shopping center. The petitioner argued that the shopping center does not function like a typical shopping center due to its location in an industrial park. To support his claim, the petitioner noted several retail ventures that had failed and his heavy reliance on restaurants. In response to the petitioner, the Plan Commission reiterated that the development does not fit in with the long-term vision of the Village. In support of this claim, the Commission noted the Village's general plan for the Devon Avenue corridor from Arlington Heights Road to Tonne Avenue is retail/commercial. In addition, the Commission noted that there were several unknown variables surrounding the property, such as a potential residential development to the south and the future of Bertholds to the west. Another major area of concern was the ingress and egress of traffic as the result of the proposed development. Representatives from Harris Bank stated that they were opposed to the office/warehouse drive exit that would mix truck traffic with the bank's drive-through patrons. Several Plan Commissioners were concerned that if this were approved, accidents would likely occur at this location. In addition, the Commission was concerned that delivery-type trucks would not be able to use the second entrance of the proposed development because, as designed, the turning radius is insufficient. As a result, trucks would have to drive in front of the existing shopping center to enter the proposed development. Furthermore, the Commission was concerned that once trucks navigated into the proposed development, their trailers would block traffic and access to the other warehouses while unloading. RECOMMENDATION Secretary Geinosky moved to recommend a Do Not Grant of the Special Use petition for Devon Avenue Market to construct office/warehousing on the northwest corner of Devon and Tonne, on property adjacent to Devon Avenue Market. Commissioner Hauser seconded the motion. Upon voting(Geinosky, Hauser, Meyers, Paliganoff, Ayers, Sokolowski, Thompson, AYES, Henrici, NAYE, Glass, ABSTAIN the motion carried. C: Chairman and Members of the Plan Commission, Village Clerk, Village Manager, Assistant Village Manager, Assistant to the Village Manager, Administrative Intern, Director of Engineering/ Community Development, Director of Public Works, Fire Chief, Deputy Fire Chief(2), Assistant Fire Chief, Village Attorney, Chairman and Members of Zoning Board of Appeals.