Planning and Zoning Board

APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS January 6, 2014 The Niles Plan Commission and Zoning Board of Appeals were 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 were Vice-Chairman Karen Dimond, Commissioners Thomas Surace, Barbara Nakanishi, Robert Schulter and Morgan Dubiel. Also present was Charles Ostman, Director of Community Development and Bruce Sylvester, Senior Planner. Attorney Joseph Annunzio arrived at 7:30 p.m. Commissioner/Secretary Angelo Troiani was absent. Vice-Chairman Dimond is acting Secretary for this evening’s meeting. Chairman Kanelos asked if there were any additions, clarifications or corrections to the minutes of November 4, 2013. There were none. Vice-Chairman Dimond moved to approve the minutes of November 4, 2013. Seconded by Commissioner Dubiel, on roll call the vote was: AYES: 6 Dimond, Surace, Nakanishi, Schulter, Dubiel, Kanelos NAYS: 0 ABSENT: 1 Troiani There being six (6) affirmative votes the motion carried. NEW BUSINESS 14-ZP-1 Requesting approval to Appendix B, Section VIII (B)(3)(D) to allow an automobile repair shop at 8030 West Oakton Street. 14-ZP-2 Requesting a Zoning Code Map Amendment/Rezoning at 6569, 6605, 6611, 6615 [correctly added to the business addresses], and 6633 Milwaukee Avenue from the current M-Manufacturing to proposed B-2 Service Business District. 14-ZP-3 Requesting approval of a Special Use Permit per Appendix B Section VIII (B)(3)(L) to allow a massage business at 5661 West Touhy Avenue, Niles, Illinois 60714. Page 1 of 11  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS January 6, 2014 14-ZP-4 Requesting approval of a ‘parking variation’ to allow a hair salon business at 7934 West Oakton Street, Niles, IL. Chairman Kanelos called for the first item on the agenda. 14-ZP-1 Requesting approval to Appendix B, Section VIII (B)(3)(D) to allow an automobile repair shop at 8030 West Oakton Street. Bruce Sylvester stepped to the podium and presented this case. This request is to allow an automobile repair shop at 8030 W. Oakton St. Automobile repair shops are Special Uses in the B-1 zoning district. This property does have B-1 zoning. Staff recommends the Village Board approve this request with six conditions of approval. If approved, no more than three vehicles are allowed to be stored overnight outside the building. Any vehicle will not be allowed to remain on the lot for more than three days. Staff recommends automobile storage be prohibited on this site. All automotive repair work has to be done indoors. Auto salvage, vehicle body work and vehicle painting are expressly prohibited. Site improvements include the closure of one driveway entrance and new pavement and striping to be completed by the applicant. Landscaping shall be installed and maintained by the applicant. Some of the landscaping is already in place; more will be installed. These things are included in the Commissioners’ packet. This proposal is in compliance with the Village’s 2030 Comprehensive Plan. By approval this will be promoting commercial corridor beautification. The building is currently vacant. Approval would strengthen the Village’s tax base through the attraction and retention of businesses. It would also accomplish seeking an appropriate mix of commercial and retail uses throughout the Village. The other properties around this site are: across Oakton St. to the south is Park Ridge residential; there is commercial development to the east and west along Oakton; there is Niles residential to the north. Included in the packet is a site plan. Unfortunately the overhead projector is not working this evening so information cannot be shown on the screen. The applicant will improve the site by eliminating one driveway on the western side of the site; there are currently two. The applicant will put in more landscaping in that area to prevent customers from rolling onto the public sidewalk. Finding of fact: is the Special Use necessary for the public convenience at the proposed location? Staff feels the business will provide automobile repair and maintenance service for the public. Is the Special Use designed, proposed and located so the public health, safety and welfare will be protected? Staff feels this Page 2 of 11  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS January 6, 2014 portion of Oakton Street is an appropriate area for an automobile repair business. The location was previously occupied by a gas station and the proposed business for repair is similar. There will be no sale of gasoline. Finally, will the Special Use cause substantial injury to the value of the property in the neighborhood in which it will be located? Staff believes it will not. Chairman Kanelos said it looks as though curbs are going to be put in where the western most driveway was and to the north along the property line. Is that correct? Mr. Sylvester said he believes the answer is yes but this question should be asked of the applicant. Vice-Chairman Dimond asked if the existing building will remain the same shape and size. Mr. Sylvester stated correct. Vice-Chairman Dimond asked if old gas tanks will be removed. Mr. Sylvester said the applicant is not planning to remove anything from the site. He’s not sure if the tanks have already been removed. Sometimes it’s better to leave them untouched. Commissioner Dubiel wanted clarification that the properties to the west and east are commercial. The only residential impact is to the north and south, correct? Mr. Sylvester said correct. The Park Ridge residential area is separated by Oakton St. North and adjacent to the property is a residential area in Niles. Chairman Kanelos asked if there were to be any improvements to the building’s exterior. Mr. Sylvester said not that he knows of. Staff was focused mainly on the site. The parking area is in bad shape and it will be expensive to improve it. Adding more landscaping and eliminating one driveway will be a good improvement. Page 3 of 11  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS January 6, 2014 Chairman Kanelos asked if there were more questions from the Commissioners. There were none. There was one member of the audience who wished to speak. Mike Shields, 8104 N. Wisner, Niles, IL 60714 came to the podium and was sworn in. He has lived in the neighborhood for over forty years. He wants to know who the owner is and does he have previous business experience. This location is fifteen minutes from the Metra station in Park Ridge. He cannot figure out why this area is so difficult to develop. He thinks the Village could do better than an auto repair business. There are two fantastic buildings in the neighborhood in the last ten years: Emerson Middle School and NorthSide Community Bank. Yes, the AMOCO station was there for many years. But it would be nice to develop this into something bigger and bolder considering the access to public transportation. What kind of signage can we expect? Chairman Kanelos said you can expect anything that complies with the Village sign ordinance. This is based on several factors including frontage. If they wanted more than is allowed, they have to come before this Board again and request a variation. Mr. Shields said the CITGO station at Oakton and Prospect has done a nice job developing that site. It fits well into Niles. He hopes this new business graces the community and contributes to it. Is there going to continue to be a barrier between the bank parking and this site? Chairman Kanelos said there is a curb on the eastern edge of the bank parking lot. That is completely on the bank’s property. He sees no reason that would change. Chairman Kanelos asked if there were any other questions for the Board or Staff. There were none. He then called the petitioner to the podium. Odisho Odisho came to the microphone and was sworn in. He lives in Glenview. He has been working in the automotive business for eight years. He manages a CarX store in Highland Park. He likes this location in Niles. There won’t be any automobile sales. The building will stay the same. There will be some interior and exterior improvements such as painting and sprucing up. The structure won’t change. Page 4 of 11  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS January 6, 2014 Vice-Chairman Dimond said you’ve heard there will be some conditions upon granting the Special Use. Are you will to comply with those? Mr. Odisho stated yes. Chairman Kanelos asked if there were any more questions from the Commissioners for the petitioner. There were none. There were no questions from the public either. He then entertained a motion. Mr. Sylvester said they might add as another condition the sale of vehicles is prohibited at this site. Commissioner Dubiel moved the Board approve the Special Use permit to allow an automobile repair shop at 8030 West Oakton Street as provided in Appendix B, Section VIII (B)(3)(D) with the following conditions of approval: 1. No more than three vehicles will be stored overnight outside the building and vehicles may not remain on the lot for more than three days. 2. Automobile storage is prohibited except as provided in item 1 above. 3. All automotive repair work must be done indoors; outdoor work is prohibited. 4. Auto salvage, vehicle body repair, sales and vehicle painting are prohibited. 5. Site improvements as shown on the site plan including the closure of one driveway entrance and new paving and striping must be completed by the applicant no later than April 1, 2015. 6. Landscaping on the site shall be maintained as shown on the approved landscape plan. It meets the findings of fact Section XI (H)(4) of the Niles Zoning Code, specifically that use is necessary for the public convenience. It is designed, located and proposed to be operated so the public health, safety and welfare will be protected. This Special Use will not cause substantial injury to the value of property in the neighborhood in which it is located. Commissioner Nakanishi wanted to make a friendly amendment changing the date from April 1 to May 1 for outdoor improvements because of the weather in the area. Commissioner Dubiel stated it is a year from now (2015) so the petitioner has plenty of time to do the improvements. Seconded by Vice-Chairman Dimond, on roll call the vote was: Page 5 of 11  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS January 6, 2014 AYES: 6 Dubiel, Schulter, Nakanishi, Surace, Dimond, Kanelos NAYS: 0 ABSENT: 1 Troiani There being six affirmative votes the motion carried. Chairman Kanelos added this Board is a recommending Board to the Board of Trustees who can either confirm or negate this decision. It will be necessary for the petitioner to contact Mr. Ostman and ask to be placed on the Board of Trustees agenda. The petitioner will then be notified of the date. Anyone in the audience who would like to be informed as to the date this will be heard by the Board of Trustees, leave your name and address with the recording secretary. Chairman Kanelos called for the second item on the agenda 14-ZP-2 Requesting a Zoning Code Map Amendment/Rezoning at 6569, 6605, 6611, 6615 [correctly added to the business addresses], and 6633 Milwaukee Avenue from the current M-Manufacturing to proposed B-2 Service Business District. Mr. Sylvester stated this is for the proposed rezoning of properties along the southern stretch of Milwaukee Avenue in the Village of Niles. There is a map in the Commissioners’ packet that shows up and down Milwaukee Avenue almost all of the zoning is B-1 or B-2. The only place along Milwaukee Avenue we don’t have Business zoning and instead Manufacturing zoning is on these small handfuls of properties. This is a Village proposal and these properties would be better suited for business than for manufacturing. At 6569 is Ridgewood Garden Center, clearly business and not manufacturing. 6605 – 6611 is currently vacant. 6615 is Amark Industries – a janitorial supply company. That would fit with commercial zoning. Hesco at 6633 is also a retail supplier. He spoke with all the affected property owners and they are aware and supportive of this change. They did wonder if the change would reflect on the property tax or diminish the value of the property. The answer is no to the property tax. He feels it is more advantageous to the value of the property to be zoned commercial. There is one property owner in the audience tonight. He also heard from one property owner who is not having their land rezoned. The owner from Patek & Sons Monument Co. had some questions about this procedure. Once explained they felt it was a positive change in the neighborhood. This isn’t a Page 6 of 11  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS January 6, 2014 requirement but Staff recommends anytime there is a zoning map amendment they look at the 2030 Comprehensive Plan to see if this change is consistent with the plan. Clearly Niles does not need manufacturing and industrial land use along this stretch of Milwaukee Avenue. One of the goals is to create attractive commercial areas primarily along the Village’s major corridors. The Village wants commercial activities, not manufacturing, along Milwaukee Avenue. The Plan has an entire section for the Milwaukee Avenue corridor. The Board can read all this information in tonight’s packet. The zoning for the adjacent properties in question tonight already has B zoning. This would make the area consistently B zoning. There were no comments from other departments in the Village. In order to make a change to the Village’s zoning map, there has to be a public hearing. This Board can make a recommendation to the Village Board. Staff recommends rezoning the properties as stated. Vice-Chairman Dimond would like to commend the Staff on catching this before some new manufacturing business went into the vacant property at 6605-6611. Chairman Kanelos asked if there were any more questions from the Commissioners. There were none. There were no questions from the public. At this time he entertained a motion. Vice-Chairman Dimond made a motion the proposed rezoning of 6569, 6605, 6611, 6615 [amended and correctly added to the business addresses], and 6633 Milwaukee Avenue from the current M-Manufacturing to proposed B-2 Service Business District is consistent with the Village’s Comprehensive Plan and recommends approval of a zoning map amendment to rezone these properties from M to B-2. Seconded by Commissioner Dubiel, on roll call the vote was: AYES: 6 Dubiel, Schulter, Nakanishi, Surace, Dimond, Kanelos NAYS: 0 ABSENT: 1 Troiani There being six affirmative votes the motion carried. Chairman Kanelos added this Board is a recommending Board to the Board of Trustees who can either confirm or negate this decision. It will be necessary for the petitioner to contact Mr. Ostman and ask to be placed on the Board of Trustees agenda. The petitioner will then be notified of the date. Anyone in the audience who would like to be informed as to the date Page 7 of 11  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS January 6, 2014 this will be heard by the Board of Trustees, leave your name and address with the recording secretary. Chairman Kanelos called for the next item on the agenda. 14-ZP-3 Requesting approval of a Special Use Permit per Appendix B Section VIII (B)(3)(L) to allow a massage business at 5661 West Touhy Avenue, Niles, Illinois 60714. Mr. Sylvester said this is a request for a Special Use permit. This is a proposed therapeutic massage business in Village Crossing Shopping Center. Staff’s recommendation is to approve this request. This is consistent with the Village’s 2030 Plan. Approval of this request will accomplish several of the commercial areas recommendations in the Plan. This will help promote commercial corridor beautification by eliminating a vacancy. This is along the Touhy Avenue corridor. Economic recommendations are also accomplished. It would maintain and strengthen the Village’s tax base and seeks appropriate mix of commercial and retail uses throughout the Village. There were no comments from other Village departments. Since this is part of a large regional mall there are no parking issues. It meets the findings of fact Section XI (H)(4) of the Niles Zoning Code, specifically that use is necessary for the public convenience. It is designed, located and proposed to be operated so the public health, safety and welfare will be protected. Staff believes Village Crossing Shopping Center is an appropriate location for a massage service business. This Special Use will not cause substantial injury to the value of property in the neighborhood in which it is located. There are no conditions of approval. Chairman Kanelos asked about sufficient parking requirements. There are 919 parking spots in the center. Is that enough? Mr. Sylvester said this type of business should have 2-1/2 parking stalls for each treatment room. Given the number of treatment rooms proposed, this business would require 35 parking stalls. After looking at the site map of the parking lot, Staff feels there is enough parking. The parking survey also includes vacant stores in the total number of stalls. Chairman Kanelos asked if there were any more questions from the Commissioners. There were none. There were no questions from the public. He then called the petitioner to the podium. Page 8 of 11  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS January 6, 2014 Matt Klemp, Managing Partner for SML LLC, 25 E. Main St., Suite C, Roselle, IL 60172 and David Penn, Massage Envy Regional Developer, Chicago Region, 107 Spring Ave., Naperville, IL 60540 stepped to the microphone and were sworn in. Mr. Klemp said thanks to the Zoning Board and Staff for being so helpful. They are part of a national brand - Massage Envy Spa. There are over 900 clinics throughout the country. There are 31 in the Chicago region operating right now. He is part of the owner group that operates the Hoffman Estates location. That location has been open for seven years. They are a membership based model. At the Hoffman Estates location, they provide jobs for upwards of 40 people. They perform over 2,000 massages and facial services a month. They anticipate similar results at the Niles location. They are excited to become part of the community. Chairman Kanelos asked if there were any questions from the Commissioners. There were none. There were no questions from the public either. He entertained a motion. Vice-Chairman Dimond moved to recommend the Village Board approve a Special Use Permit to allow a massage business at 5661 West Touhy Avenue, Niles, Illinois 60714 as provided in Appendix B Section VIII (B)(3)(L) . She also moved that the Board finds that this is a Special Use necessary for the public convenience and it will provide needed services for the public. It is designed, located and proposed to be operated so the public health, safety and welfare will be protected. This Special Use will not cause substantial injury to the value of property in the neighborhood in which it is located. Seconded by Commissioner Dubiel, on roll call the vote was: AYES: 6 Dubiel, Schulter, Nakanishi, Surace, Dimond, Kanelos NAYS: 0 ABSENT: 1 Troiani There being six affirmative votes the motion carried. Chairman Kanelos added this Board is a recommending Board to the Board of Trustees who can either confirm or negate this decision. It will be necessary for the petitioner to contact Mr. Ostman and ask to be placed on the Board of Trustees agenda. The petitioner will then be notified of the date. Anyone in the audience who would like to be informed as to the date this will be heard by the Board of Trustees, leave your name and address Page 9 of 11  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS January 6, 2014 with the recording secretary. Chairman Kanelos called for the final item on the agenda. 14-ZP-4 Requesting approval of a ‘parking variation’ to allow a hair salon business at 7934 West Oakton Street, Niles, IL. AT THIS POINT THE RECORDING DEVICE CEASED WORKING. THE FOLLOWING IS A SUMMARY OF WHAT TRANSPIRED DURING THE PRESENTATION. The agenda states “parking variation” and should be corrected to say “parking credits” per zoning ordinance Section X (B)(x)(nn) as stated in the Staff report. Mr. Sylvester provided a Staff report for the request for parking credits at 7934 W. Oakton St. for a proposed 8-station hair salon business. He stated that Staff recommends the request for parking credits be denied due to a severe shortage of parking in this commercial strip center located between Washington and Wisner Streets on the north side of Oakton. He summarized the Staff report and noted the existing commercial center provides only 30% of the required off-street parking stalls as required by the Village’s zoning ordinance. He also explained the the Community Development Department is supportive of a smaller hair salon business in this location – including any salon that has three or fewer stations – but that Community Development staff believes that an 8-station salon will create parking problems for existing businesses within the shopping center and also nearby residential properties. Mr. Sylvester explained that he received seven phone calls on this item – more than on any other zoning cases in the last year. All the people who called were opposed to the requested parking credits due to their concerns about a lack of parking in this area. Additionally, during the public comments period, several people spoke in opposition to the requested parking credits. The first was Gary LaMantia,DDS, whose business is located within the same shopping center. He provided photos he had taken of the surrounding parking area. The photos were numbered and logged in as Exhibit A. The next speaker was a woman who lives one block east and stated she is also speaking on behalf of her elderly neighbors who were unable to attend tonight’s meeting. Also speaking was the son of a woman who lives immediately behind the shopping center. The last speaker is a resident who lives one block to the north. Page 10 of 11  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS January 6, 2014 The applicants, represented by Laura Micki, expressed their desire to open their business with 8 stations and hoped they would be good neighbors. After a lengthy discussion, the vote was as follows: AYES: 3 Dubiel, Schulter, Kanelos NAYS: 3 Dimond, Surace, Nakanishi ABSENT: 1 Troiani There being three affirmative votes and three negative votes, there is a TIE. This request now goes to the Village Board with “no recommendation” from the Planning Commission. The Village Board must make the final decision. Chairman Kanelos then entertained a motion to adjourn. Vice-Chairman Dimond moved to adjourn. Seconded by Commissioner Dubiel, on roll call the vote was: AYES: 6 Dimond, Surace, Nakanishi, Schulter, Dubiel, Kanelos NAYS: 0 ABSENT: 1 Troiani There being six (6) affirmative votes the motion carried. The meeting adjourned at 9:15 p.m. Kathleen Janessa, Recording Secretary Page 11 of 11