Planning and Zoning Board

APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS November 1, 2010 The Niles Plan Commission and Zoning Board of Appeals was called to order at 7:00 P.M. Chairman Kanelos asked everyone to stand for the Pledge of Allegiance. Present along with Chairman Thomas Kanelos and Village Attorney Joseph Annunzio was Vice-Chairman Karen Dimond, Commissioners Thomas Surace, Angelo Troiani, Barbara Nakanishi, Robert Schulter and Morgan Dubiel. Also present was Charles Ostman, Director of Community Development and Richard Wlodarski, Assistant Director of Community Development. Chairman Kanelos asked if there were any questions, clarifications or corrections to the minutes of October 4, 2010. There were none. Commissioner Dubiel moved to approve the October 4, 2010 minutes. Seconded by Commissioner Surace, on roll call the vote was: AYES: 7 Dimond, Surace, Kanelos, Troiani, Nakanishi, Schulter, Dubiel NAYS: 0 There being seven (7) affirmative votes the motion carried. NEW BUSINESS 10-ZP-23 Jeffrey S. Krause, Owner 9039 N. Maryland St. Niles, IL 60714 Requesting approval of a Plat of Subdivision Appendix B, Section XI (C.1)(3)(i)-KCD 2nd N. Maryland Street Re-subdivision at 9039, 9041 and 9043 N. Maryland St. 10-ZP-24 George Hanus, President of Aetna Development Corp. 200 W. Madison, #4200 Chicago, IL 60606 Requesting approval of a Special Use to Appendix B, Section VIII (B)(3)(d) for an automobile service and repair shop at 9643 ½ N. Milwaukee Ave. Page 1 of 14  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS November 1, 2010 10-ZP-25 William Shank, Project Manager 10 S. Wacker, Suite 2935 Chicago, IL 60606 Requesting approval of a Special Use to Appendix B, Section VIII (B)(3)(bb) for a bank, including drive-in facilities and relief from Appendix B Section XII (G)(2)(a) interior parking lot landscaping area required at 5701 W. Touhy Ave. 10-ZP-26 Evangelos Letsos, President 7201 N. Caldwell Ave. Niles, IL 60714 Requesting approval of a Special Use to Appendix B, Section VIII (B)(3)(z) for a full service restaurant at 7201 N. Caldwell Ave., Niles, IL 60714. Chairman Kanelos called for the first item on the agenda. 10-ZP-23 Jeffrey S. Krause, Owner 9039 N. Maryland St. Niles, IL 60714 Requesting approval of a Plat of Subdivision Appendix B, Section XI (C.1)(3)(i)-KCD 2nd N. Maryland Street Re-subdivision at 9039, 9041 and 9043 N. Maryland St. Richard Wlodarski outlined case 10-ZP-23. Subject property is 9039, 9041 and 9043 N. Maryland St. Legal notice is not required for plats of consolidation so none were mailed out. This is a request to consolidate three (3) lots into two (2) lots. The existing houses that will remain do meet all zoning requirements. The Community Development Department along with the Engineering Department has reviewed this request and recommends approval for the plat of consolidation. This Board is a recommending Board to the Board of Trustees. Chairman Kanelos asked if the Commissioners had any questions for Mr. Wlodarski. Commissioner Dubiel moved that the packet be entered as Exhibit A. It was said that this was previously split up into three (3) lots. Page 2 of 14  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS November 1, 2010 Mr. Wlodarski said it was three (3) separate lots four (4) years ago. The intent was to build three (3) new homes. With the economy the way it is, the petitioner is requesting to put it back the way it was and keep both homes the way they are. He is going to live in one (1) and sell the other. Chairman Kanelos asked if there were questions from the Commissioners or from the public. There were none. Chairman Kanelos called the petitioner to the podium. Jeffrey S. Krause, 9039 N. Maryland St., Niles, IL 60714 stepped forward and was sworn in. He was asked if he had anything to add to Mr. Wlodarski’s presentation of the petition. He said no. Chairman Kanelos asked if there were any questions from the Commissioners for the petitioner. There were none. He asked if there were any questions from the audience. There were none. At this time he entertained a motion. Commissioner Troiani moved 10-ZP-23 - Jeffrey S. Krause, Owner, 9039 N. Maryland St., Niles, IL 60714 - requesting approval of a Plat of Subdivision Appendix B Section XI (C.1)(3)(i)-KCD 2nd N. Maryland Street Re-subdivision at 9039, 9041 and 9043 N. Maryland St. be approved with the addition of the Exhibit A packet the Commissioners received. Seconded by Commissioner Dubiel, on roll call the vote was: AYES: 7 Dimond, Surace, Kanelos, Troiani, Nakanishi, Schulter, Dubiel NAYS: 0 There being seven (7) affirmative votes the motion carried. Chairman Kanelos called for the next item on the agenda. 10-ZP-24 George Hanus, President of Aetna Development Corp. 200 W. Madison, #4200 Chicago, IL 60606 Requesting approval of a Special Use to Appendix B, Section VIII (B)(3)(d) for an Automobile service and repair shop at 9643 ½ N. Milwaukee Ave. Mr. Wlodarski made the presentation for case 10-ZP-24. Subject property is Page 3 of 14  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS November 1, 2010 located at 9643 ½ N. Milwaukee Ave. Legal notice for this case was published on October 14, 2010 in The Bugle Newspaper and letters were mailed out to all properties located within 250’ of the subject property. This is a request for a Special Use to open and operate an automotive service business. They will occupy approximately 5,000 sq. ft. and have six (6) service bays. This specific location is currently occupied by Back to Bed which has been there since 2005. They are on a month to month lease and will move out if Pep Boys is granted approval for Special Use. The original building was approved and built as a Special Use in 1988 for a Montgomery Ward Tire and Battery Service Center. The building has since been divided into smaller tenant spaces. The Community Development Department has reviewed this request and has no objections for their Special Use request. This Board is a recommending Board to the Board of Trustees on this matter. Chairman Kanelos said the packet for this item should be listed as Exhibit A. Any questions for Mr. Wlodarski from the Board? From the audience? There were none. At this time the petitioner was called up. Lawrence Freedman, Law Offices of Ash, Anos, Freedman & Logan, LLC, 77 W. Washington St., Suite 1211, Chicago IL 60602 and Eric Smith, KMA & Associates, Architects, 1141 Lake Cook Rd., Suite F, Deerfield, IL 60015 stepped forward and were sworn in. They are representing the petitioner. Mr. Freedman said if the petition is granted they intend to re-do the façade of the building. The exhibit seen [on the overhead] on the lower portion of the screen is the existing condition from a photograph. The upper portion is a facsimile of what it would look like when re-done. Commissioner Troiani asked where the overflow of cars will be parked. Are you doing body and fender work or just automotive? Will cars be kept outside overnight? Mr. Freedman answered automotive only. There have been Pep Boys in other centers with no overflow problems. Vice-Chairman Dimond asked about the ingress and egress to the property. Will it be to the south of Goody’s Gyros? Mr. Smith said it is the existing site access. Nothing will change. Page 4 of 14  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS November 1, 2010 Vice-Chairman Dimond asked if there is a division in the property so no cars can be going back and forth between the two (2) parcels. Mr. Freedman said there is no division there now. If the Board recommends such, they can certainly work with the Board to make that happen. Mr. Ostman asked for a clarification of that question. Vice-Chairman Dimond wants to know if there is traffic going back and forth in the parking lot to Goody’s. Is there a passageway there or is it totally separate parking? Mr. Ostman said you can get from one to the other plus there is a cross ease agreement between the two (2). They would share parking also. Vice-Chairman Dimond also wants to know if there are going to be any restrictions when exiting the property – turning right or turning left. Mr. Ostman said no, since it is existing and the ingress and egress points are not being touched. This is an IDOT road. IDOT would have control if there were going to be some restrictions but since they are not changing anything there is no problem. Commissioner Dubiel wanted to know if the cross-use agreement from 1988 had been reviewed and if there was any problem with it. Mr. Annunzio said he spoke to the other lawyer about it. [The rest of his comments are inaudible.] Commissioner Troiani wants to make sure there are no cars for sale or rent in the area. Mr. Freedman said no rental or sales. It is not part of their operation. Commissioner Schulter asked if the employees will be pulling the automobiles in and out of the garages. Mr. Smith said the employees do that for liability purposes. The customers do not pull the cars in and out in any of these types of facilities. Page 5 of 14  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS November 1, 2010 Chairman Kanelos asked if there were any other questions from the Board. Any questions from the public? There were none. At this point he entertained a motion. Commissioner Dubiel moved to approve 10-ZP-24 - George Hanus, President of Aetna Development Corp., 200 W. Madison, #4200, Chicago, IL 60606 - requesting approval of a Special Use to Appendix B, Section VIII (B)(3)(d) for an automobile service and repair shop at 9643 ½ N. Milwaukee Ave. and that it meets the requirements of the Special Use under (H)(4)(a)(b) and (c) with no conditions. Seconded by Commissioner Schulter, on roll call the vote was: AYES: 7 Dimond, Surace, Kanelos, Troiani, Nakanishi, Schulter, Dubiel NAYS: 0 There being seven (7) affirmative votes the motion carried. Chairman Kanelos said the Board is a recommending Board to the Board of Trustees who can either confirm or negate our decision. It will be necessary for the petitioner to contact Mr. Chuck Ostman, Director of Community Development, and ask to be placed on the Board of Trustees agenda. You will be notified of the date. Anyone in the audience who would like to be informed of the date when this will be heard by the Board of Trustees leave your name and address with the secretary and you will be notified. Chairman Kanelos called for the next item on the agenda. 10-ZP-25 William Shank, Project Manager 10 S. Wacker, Suite 2935 Chicago, IL 60606 Requesting approval of a Special Use to Appendix B, Section VIII (B)(3)(bb) for a bank, including drive-in facilities and relief from Appendix B Section XII (G)(2)(a) interior parking lot landscaping area required at 5701 W. Touhy Ave. Mr. Ostman presented case 10-ZP-25. Subject property is 5701 W. Touhy Ave. Legal notice for this case was published on October 14, 2010 in The Bugle Newspaper and letters were mailed out to all properties located within 250’ of the subject property and there is a sign posted on the property. This is a request for Special Use to Appendix B, Section VIII (B)(3)(bb) for a bank facility including drive-in and relief from the interior landscaping Page 6 of 14  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS November 1, 2010 requirement for the purpose of a future subdivision. This site was the former Circuit City which encompasses 3.67 acres with a 33,342 sq. ft. building. It is anticipated that HHGregg, an electronics and appliance store, will occupy the current building. The petitioner is requesting a Special Use for a 3,690 sq. ft. PNC banking facility to be constructed on the northwest corner of the parking lot which would include three (3) drive-in lanes. The petitioner also requests a variation of 5% to the interior landscape requirement. The proposed landscaping improvements to the entire site meet the landscaping requirements. The variation would be for when they apply for subdivision for the bank, at which time each individual lot would not meet the requirements. The site plan has been reviewed by our Engineering Department along with our outside consultant, Gewalt-Hamilton & Associates. They have included traffic and parking circulation. Neither found concerns with the site. The Village currently has twenty-four (24) banking institutions. Three (3) of those are located inside a retail store and office building. This is down from the peak of twenty-seven (27) in 2003. He recommends approval of this Special Use with a variation of 5% for the landscaping requirement. This Board is a recommending Board to the Board of Trustees. Commissioner Dubiel asked for the packet to read in as Exhibit A. Also, the Trustees have resisted adding more banks to the Village. What is the thinking now? Mr. Ostman stated the Village has been reluctant to hold the line on the number of banks. It reached the peak in 2003. They are below that twenty- seven (27) quota now. But it is important in order to make some of these developments occur - this one to fill a vacant store that has been empty for a while. It was in pre-foreclosure. The developer has been looking at that site. Fortunately or unfortunately, a bank was always a component to make this happen. With this bank coming in, they are able to fill that store with a Type A retailer. It will be good for the Village. Commissioner Dubiel said if we grant this petition you want it to be noted it is for a future subdivision as well that second relief. Mr. Ostman answered the relief from landscaping will come into play when the petitioner asks for this subdivision to parcel out the bank parcel. Then that 5% will come into play. Page 7 of 14  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS November 1, 2010 Commissioner Dubiel said we should know that is the specific purpose of this relief being sought. Mr. Ostman said yes. Chairman Kanelos asked if there were other questions from the Board or the public. There were none. At this time the petitioner was asked to approach the podium. The following gentlemen stepped forward representing the petitioner: Daniel C. Shapiro, Thompson Coburn LLP, 55 E. Monroe St., 37th Floor, Chicago, IL 60603. Ryan J. Solum, Manhard Consulting Ltd., 900 Woodlands Parkway, Vernon Hills, IL 60061. Ray Kennedy, Jr., Gensler, 11 E. Madison St., Suite 300, Chicago, IL 60602. Richard Leifert, PNC Bank, 300 Holmes Ave., Clarendon Hills, IL 60514. They were sworn in. Mr. Shapiro said the other gentlemen were there to answer questions by way of overview. This is an exciting project. The HHGregg building is a refit of the Circuit City building which has been dark for a couple of years. They will be coming into Niles and generate sales of $12 million to $15 million per year. With that will be the PNC drive-thru bank, three (3) drive-thru lanes: two (2) banking lanes and one (1) ATM lane. This will be a 3,600 sq. ft. building. The ingress and egress are already in place. Parking is compliant with code. The handicap parking is a perfect fit. We suggest the landscaping variation take effect upon subdivision. Mr. Solum said there is existing cross-access easement between the Nissan dealership and this site. The existing Circuit City building will be converted to retail. The proposed bank would have three (3) drive-in lanes with access around the building. Mr. Kennedy (architect) described the actual building for PNC. It will be a LEED silver certified building like all PNC ground-up facilities are doing. It will be a brick and glass exterior. The glass on the east and west sides of the building will provide 90% daylight into the facility. There will be highly efficient mechanical systems, recyclable materials and construction practices that would reduce the amount of waste taken away from the site and used at the site. Page 8 of 14  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS November 1, 2010 Commissioner Nakanishi asked Mr. Kennedy if he came up with solutions to meet the 5% landscaping requirement. He deferred to Mr. Solum to answer the question. Mr. Solum said the proposal is increasing the existing pervious area. Due to the constraints with what is existing and putting the bank where they are proposing, they aren’t able to get the 5% for the future PNC Bank. Commissioner Nakanishi then asked what PNC stands for. Mr. Leifert answered it doesn’t stand for anything. The bank is over 120 years old. It used to be Provident National Corporation, then Pittsburgh National Corporation. When the two (2) merged it became PNC. Vice-Chairman Dimond had questions about drainage and water retention. Mr. Solum said there is currently an underground 48” storm sewer that extends across the property. The retention is provided in combination with that and also above ground in the parking lot. The addition of the bank will cause removal of some of that, so they are proposing an additional 48” storm sewer to make up for that and will fill low areas of the parking lot. They will meet all the Village storm water requirements. Vice-Chairman Dimond asked if the parking lot is going to be pervious to water. Mr. Solum said no. Right now it is not and they don’t intend to change it. Commissioner Schulter questioned there being only one (1) spot for handicap parking. Mr. Solum said that is what is required for code. One (1) per twenty-five (25) is the requirement. Commissioner Dubiel asked about the shared parking and if nineteen (19) spaces is sufficient. If HHGregg is extremely busy, will there be enough parking for the bank? Page 9 of 14  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS November 1, 2010 At this time there was a discussion about the location of parking spots for the bank. It was determined that the nineteen (19) spots around the proposed bank are sufficient. It is not certain if those spots will be designated with signage. Also, there will be cross-access agreement with HHGregg regarding parking for the entire center. They are compliant with all parking. They hope this project will generate a lot of business. Then there will be a lot of cars. But they all won’t be there at the same time. Commissioner Dubiel then asked questions of Mr. Leifert. He knows that PNC does all the research on ingress and egress. Also knows that HHGregg (PNC’s renter) does their research also. Therefore both parties know that thru the research they meet the requirements necessary for public convenience. Mr. Leifert said yes. Chairman Kanelos asked if there were any more questions for the petitioners from the Board. Vice-Chairman Dimond wants to clarify this evening’s request. First, approval for a Special Use for a bank. With respect to the 5% variation with interior parking lot landscape requirement, the letter says they will be asking for that. Is that going to be made at a future meeting when they request subdividing the property? Mr. Shapiro said it could be handled one of two ways. It was published for the landscape variation tonight. If the Board is inclined to grant it upon subdivision, that would be terrific. If not, when they come back on subdivision they will bring that request back before the Board. They thought it would be more convenient to do both requests tonight. Commissioner Dubiel though it was reasonable to include it all tonight if the Board was going to approve. Commissioner Schulter asked the operating hours of PNC Bank. Mr. Leifert said typically Monday through Friday: the drive-thru 8:00 a.m. until 6:00 p.m.; the branch 9:00 a.m. until 5:00 p.m. and on Saturdays the branch and the drive-thru until noon. No hours on Sunday. Page 10 of 14  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS November 1, 2010 There were no other questions from the Board or the public. Chairman Kanelos entertained a motion. Vice-Chairman Dimond moved 10-ZP-25 - William Shank, Project Manager, 10 S. Wacker, Suite 2935, Chicago, IL 60606 - requesting approval of a Special Use to Appendix B, Section VIII (B)(3)(bb) for a bank, including drive- in facilities and relief from Appendix B Section XII (G)(2)(a) interior parking lot landscaping area required at 5701 W. Touhy Ave. be approved. Also in connection with this motion they find the request for a Special Use shall be granted because it is necessary for the convenience of the public at the location and that it is designed, located and proposed to be operated so the public health, safety and welfare will be protected and that it will not cause substantial injury to the value of other property in the neighborhood in which it is located. Seconded by Commissioner Dubiel with a friendly addition. The relief is granted for the purpose of a future subdivision and upon such subdivision is acceptable. On roll call the vote was: AYES: 7 Dimond, Surace, Kanelos, Troiani, Nakanishi, Schulter, Dubiel NAYS: 0 There being seven (7) affirmative votes the motion carried. Chairman Kanelos said once again this Board is a recommending Board to the Board of Trustees who can either confirm or negate our decision. It will be necessary for the petitioner to contact Mr. Chuck Ostman, Director of Community Development, and ask to be placed on the Board of Trustees agenda. You will be notified of the date. Anyone in the audience who would like to be informed of the date when this will be heard by the Board of Trustees leave your name and address with the secretary and you will be notified. He then called for the last item on the agenda. 10-ZP-26 Evangelos Letsos, President 7201 N. Caldwell Ave. Niles, IL 60714 Requesting approval of a Special Use to Appendix B, Section VIII (B)(3)(z) for a full service restaurant at 7201 N. Caldwell Ave., Niles, IL 60714. Mr. Wlodarski presented case 10-ZP-26. Legal notice for this case was published on October 21, 2010 in The Bugle Newspaper and letters were Page 11 of 14  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS November 1, 2010 mailed out to all properties located within 250’ of the subject property. This is a request for a Special Use to reopen a restaurant at an existing location. Per Section XI (h)(5), a Special Use shall be null and void if it is discontinued for a period of one hundred eighty (180) days. A new Special Use is required at this time. That is the reason he is reapplying for a Special Use. The number of seats and the layout is not changing. The Community Department has reviewed this request and has no objections for a Special Use. This Board is recommending Board to the Board of Trustees on this matter. Chairman Kanelos said to enter the packet sent to the Commissioners as Exhibit A. There were no other questions from the Commissioners or the public. The petitioner, Evangelos Letsos, President, 1214 Circle Drive, Lake Zurich stepped forward and was sworn in. He had nothing to add to what Mr. Wlodarski said. Commissioner Surace asked if this restaurant was going to be upscale. Mr. Letsos said yes. Commissioner Troiani asked if it is approved, how soon will it be open. Mr. Letsos said a couple of weeks. Chairman Kanelos then entertained a motion. Commissioner Troiani moved that 10-ZP-26 - Evangelos Letsos, President, 7201 N. Caldwell Ave., Niles, IL 60714 - requesting approval of a Special Use to Appendix B, Section VIII (B)(3)(z) for a full service restaurant at 7201 N. Caldwell Ave., Niles, IL 60714 be approved. Seconded by Commissioner Nakanishi. Commissioner Dubiel asked if he could add a friendly amendment to the maker of the motion. It would be that this meets the requirements for Special Use, Section H (4)(a)(b)(c). Is this acceptable? Commissioners Troiani and Nakanishi both accepted this amendment. On roll call the vote was: AYES: 7 Dimond, Surace, Kanelos, Troiani, Nakanishi, Schulter, Dubiel Page 12 of 14  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS November 1, 2010 NAYS: 0 There being seven (7) affirmative votes the motion carried. Chairman Kanelos said once again this Board is a recommending Board to the Board of Trustees who can either confirm or negate our decision. It will be necessary for the petitioner to contact Mr. Chuck Ostman, Director of Community Development, and ask to be placed on the Board of Trustees agenda. You will be notified of the date. Anyone in the audience who would like to be informed of the date when this will be heard by the Board of Trustees leave your name and address with the secretary and you will be notified. At this time he entertained a motion to adjourn. Commissioner Dubiel moved to adjourn the meeting. Seconded by Commissioner Surace, on roll call the vote was: AYES: 7 Dimond, Surace, Kanelos, Troiani, Nakanishi, Schulter, Dubiel NAYS: 0 There being seven (7) affirmative votes the motion carried. The meeting adjourned at 7:55 p.m. Kathleen Janessa, Recording Secretary Page 13 of 14  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS November 1, 2010 Page 14 of 14