MEMO TO: Plan Commission FROM: Robert E. Pfeil, Village Planner. DATE: September 2, 2011 SUBJECT:

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1 MEMO TO: FROM: Plan Commission Robert E. Pfeil, Village Planner DATE: September 2, 2011 SUBJECT: Zoning Ordinance amendments concerning storage and sale of propane at commercial properties Workshop #2 The Plan Commission conducted a workshop discussion concerning this matter on July 6, Blue Rhino is interested in installing propane storage cases at the three Dominick s supermarkets and the BG Pantry, 223 Dundee Rd (Dunell Center). Matthew DePaz of Walgreen Co. has submitted the attached letter dated August 9, 2011, indicating his company s interest in selling propane at its stores in Buffalo Grove. The Village's current zoning regulations do not allow the sale and storage of propane at supermarkets and similar stores. Sale and storage of propane is currently allowed at gas stations in the B-2 and B-3 zoning districts and also at businesses in the B-4 district. The Commission will note that some of the locations under consideration are in zoning districts that do not currently allow storage and sale of propane. The BG Pantry (223 Dundee Rd) is zoned B-1, and the Walgreens store at 15 Buffalo Grove Road is zoned B-5. As noted by staff at the July 6 workshop, the Village s Deputy Fire Marshal and Deputy Building Commissioner/Operations have commented that requests for propane storage require a level of review and regulation more stringent than other types of storage. Staff suggests that amendments to the Village zoning regulations include a requirement for site plan and appearance approval to address various issues including: the location of the storage cages in relation to doors and windows of a building measures to prevent storage cages being hit by motor vehicles the need to maintain accessibility for pedestrians on sidewalks adjacent to buildings consideration of appearance, including visual screening, color of the storage cages, and signage The following items are attached: 1. Village Zoning Ordinance current regulations concerning storage and sale of propane 2. Village Deputy Fire Marshal s and attachment, 7/6/2011 and 5/6/2011

2 2 3. Letter dated August 9, 2011 from Matthew DePaz, Walgreen Co. 4. Request submitted by Blue Rhino concerning installation of propane cases at retail stores 5. Photos of propane storage at businesses in Buffalo Grove and Wheeling Robert E. Pfeil, Village Planner cc: Lynn Misener, Blue Rhino Erin Neff, Walgreen Co.

3 Buffalo Grove Zoning Ordinance Current regulations concerning storage and sale of propane (July 2011) B-1 District (Limited Retail): Section D.5 - All activities as permitted or required shall be conducted within an enclosed building. The outside display or sale of liquefied petroleum gases, including propane, is prohibited. B-2 District (General Retail): Section D.5 - All activities, as permitted or required shall be conducted within an enclosed building, except as allowed herein. The outside display or sale of liquefied petroleum gases, including propane, is prohibited except at automotive fueling stations. Said fueling stations may display propane outside on a continuing basis if an enclosed and secured display cabinet is used to store said product. Said display shall be subject to approval by the Village to ensure compliance with all Village requirements. B-3 District (Planned Business Center): D.2 - No merchandise, materials, or equipment shall be stored in any open areas, but may be kept and displayed in an open area for immediate sale or temporary display. The outside display or sale of liquefied petroleum gases, including propane, is prohibited except at automotive fueling stations. Said fueling stations may display propane outside on a continuing basis if an enclosed and secured display cabinet is used to store said product. Said display shall be subject to approval by the Village to ensure compliance with all Village requirements. B-4 District (Business Services and Wholesale): D.4 - All production, processing, cleaning, servicing, testing, or repair of materials, goods or products shall take place within completely enclosed buildings, except for the storage of building materials and except for the parking of motor vehicles in the open. The outside display of propane is permitted. Said display of propane may be done on a continuing basis if an enclosed and secured display cabinet is used to store said product. Said display shall be subject to approval by the Village to ensure compliance with all Village requirements. B-5 District (Town Center Planned District): D.1.e - No product merchandise, materials, or equipment shall be stored in be stored in any open area. The outside display or sale of liquefied petroleum gases, including propane, is prohibited.

4 Re: Propane regulations George K Michehl to: Robert E Pfeil Cc: Brian P Sheehan 07/06/ :35 PM From: To: Cc: George K Michehl/VOBG Robert E Pfeil/VOBG@VOBG Brian P Sheehan/VOBG@VOBG This Illinois State Fire Marshal does regulate the propane tank industry. See Title 41 Part 200 of the Illinois Administrative Code. George Michehl DFM Robert E Pfeil Please see the query by Matt Cohn of the Plan... 07/05/ :11:29 PM From: To: Date: Subject: Robert E Pfeil/VOBG George K Michehl/VOBG@VOBG, Brian P Sheehan/VOBG@VOBG 07/05/ :11 PM Propane regulations Please see the query by Matt Cohn of the Plan Commission concerning whether storage of propane is regulated by the state. Let me know if there is any state involvement concerning propane regulations. Thanks, Bob Pfeil, Village Planner Village of Buffalo Grove, IL Forwarded by Robert E Pfeil/VOBG on 07/05/ :08 PM From: To: Date: Subject: "Cohn, Matthew E." <matthew.cohn@mbtlaw.com> <rpfeil@vbg.org> 07/05/ :05 PM RE: Propane regulations of other communities Do you know if the storage of propane tanks for sale is state regulated, perhaps the Illinois State Fire Marshal? Matthew E. Cohn (312) matthew.cohn@mbtlaw.com 123 N. Wacker Dr. Suite 1800 Chicago, IL (312) Fax (312)

5 Propane storage and cylinder exchange request George K Michehl to: Robert E Pfeil Cc: Brian Sheehan, Terry Vavra 05/06/ :27 AM From: To: Cc: History: George K Michehl/VOBG Robert E Pfeil/VOBG@VOBG Brian Sheehan <bsheehan@vbg.org>, Terry Vavra/VOBG@VOBG This message has been replied to. Bob, For your convenience I have attached the reference page from the International Fire Code concerning the exchange of propane cylinders outside of buildings. Table will provide the guidance necessary for approved storage locations of the cages based upon the quantity of LP-gas stored. The petitioner must provide the village with the weight of the total number of cylinders and then base their decision on proper placement according to the separation distances outlined in the table. Scaled sketches of proposed cage locations must be provided for each location. Sketches must indicate all doorway and window openings. I do want to emphasize that one of the petitioners exhibits was clearly in violation of this table as the cages were positioned directly underneath windows of the Walgreens. This scenario must be avoided. Please note that Section does allow the code official to conduct a site evaluation for the purpose of evaluating the need for vehicular protection. I believe that this should be done for each request and that the Deputy Fire Marshal and the Deputy Building Commissioner/Operations each concur on whether or not bollards or other protective features should be incorporated into the project to enhance public safety. NFPA 58, the Liquified Petroleum Gas Code Section also states that protection against vehicular impact shall be provided in accordance with good engineering practice where vehicular traffic is expected at the location. This is a critical component in the approval of any outside propane gas installation whether it be a permanent location or a cylinder exchange program. If you have any questions please contact me. George Michehl Deputy Fire Marshal scan document DOC pdf

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7 August 9, 2011 Bob Pfeil Village Planner 50 Raupp Blvd. Buffalo Grove, IL Dear Bob Pfeil, Walgreen, Co. ( Walgreens ) respectfully submits this memorandum to the Buffalo Grove Plan Commission ( the Plan Commission ) to address concerns raised by Buffalo Grove Commissioners at a Plan Commission meeting dated July 6 th, We would like to respond to specific concerns regarding (1) the safety of outside propane displays, (2) the revenue generated from propane sales at Walgreens store locations, (3) the appearance of Blue Rhino propane safety cages, and (4) other municipalities allowing the sales of propane at Walgreens store locations. Based on our discussion, Walgreens is committed to responding to neighborhood demand in a safe and responsible manner. I. Outside propane displays are designed to protect patrons from potential hazards. Walgreens main concern is customer safety, and, as such, Walgreens does not endorse any product that might place customers in imminent danger. Walgreens strives to provide safe products for our customers, and we currently sell Blue Rhino propane at many locations because Blue Rhino has displayed a tremendous safety record with the sale of propane. Furthermore, Blue Rhino submitted extensive safety information at the last meeting. Specifically, (1) Blue Rhino has never caused a fire in 114,600,000 exposure days, and (2) Blue Rhino s protective cages and tank design are designed for safety. Additionally, Walgreens commitment to safety includes a plan for the placement of propane storage tanks. Deputy Fire Marshal, George Michehl, raised a concern through an regarding the proposed placement of a cage positioned directly underneath windows of a Walgreens store. Walgreens would like to assure the Plan Commission that Walgreens will work with the Buffalo Grove Fire Department before determining a final position for propane storage units to ensure that those storage units are in compliance with safety standards. Finally, Walgreens encourages the Plan Commission or any concerned resident to direct safety questions specific to propane tanks to Mike Fleming of Blue Rhino, who can answer any specific questions the commission has regarding safety. Mike Fleming may be reached by phone at (336) or by at mfleming@bluerhino.com. II. Sales tax on Walgreens sales of propane will generate funds for the community.

8 Walgreens has enjoyed success selling propane at many store locations. Three Walgreens stores close to Buffalo Grove averaged approximately $11,926 in sales last year. It is difficult to provide an estimate of propane sales in Buffalo Grove since each store location is different and generates different sales numbers. However, it is reasonable to predict that the Buffalo Grove Walgreens store locations will have similar sales figures consistent with the following three stores: Store Location Sales (8/1/2010 7/30/2011) Dundee Rd. $12, 719 Wheeling, Il N. Milwaukee Ave. $11,841 Wheeling Il Elmhurst Rd. $11,220 Prospect Heights, Il III. Walgreens will work diligently with the Appearance Review Team to come up with an acceptable appearance for propane safety cages. Walgreens is committed to maintaining the integrity and appearance of the Village of Buffalo Grove. As such, Walgreens will work with the Appearance Review Team to ensure that the Blue Rhino propane cages have a professional appearance that is acceptable for the Village of Buffalo Grove. Further, proper upkeep of propane cages is important to Walgreens, and Walgreens employees will responsibly ensure that cages are rust free and painted in accordance with Village expectations. IV. Walgreens is currently serving Illinois citizens in most northern suburbs. Walgreens is proud to sell propane in a large majority of Chicago s northern suburb store locations. Currently, Walgreens sells propane in the northern suburbs of Libertyville, Lake Bluff, Mundelein, Gurnee, Wheeling, Arlington Heights, Grayslake, Prospect Heights, Palatine, Mount Prospect, Glenview, Des Plaines, Northbrook, Lake Zurich, Evanston, Morton Grove, Lincolnwood, Highland Park, and Park Ridge. Thus, the addition of Buffalo Grove would allow Walgreens to further serve customers across the northern suburbs of Illinois. In sum, Walgreens, along with Blue Rhino, respectfully requests that the Village of Buffalo Grove amend the current B3 zoning ordinance, which prohibits the outdoor display of propane at

9 buildings other than automotive fueling stations, to include retail pharmacy stores in those buildings that may sell and display propane outdoors. Walgreens is committed to working with the Village of Buffalo Grove by addressing any concerns the Village may have regarding the sale of propane. Finally, we would like to thank the Commission for their consideration, and we look forward to working with the Village of Buffalo Grove in the future. Sincerely, Matthew DePaz Litigation and Regulatory Law Walgreen Co. 104 Wilmot Road Deerfield, IL

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19 BP McHenry Rd Bucky s Express (Mobil) N. McHenry Road

20 Mobil - 10 Dundee Rd

21 Speedway Milwaukee Ave

22 Zimmermans True Value Buffalo Grove Rd

23 Walgreens W. Dundee Road, Wheeling, IL

24 Walgreens E Townline Road, Vernon Hills, IL