Muyni
← Back to Niles

Planning and Zoning Board

Regular Meeting

Niles, IL · February 3, 2014

AgendaMinutes

Minutes

APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS February 3, 2014 The Niles Plan Commission and Zoning Board of Appeals were called to order at 7:01 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 Angelo Troiani, Barbara Nakanishi, Robert Schulter and Morgan Dubiel. Also present was Charles Ostman, Director of Community Development and Bruce Sylvester, Senior Planner and Village Attorney Joseph Annunzio. Commissioner Thomas Surace is ill and is absent. The Commissioners wish him a speedy recovery. Chairman Kanelos asked if there were any additions, clarifications or corrections to the minutes of January 6, 2014. There were none. Commissioner Dubiel moved to approve the minutes of January 6, 2014. Seconded by Commissioner Nakanishi, on roll call the vote was: AYES: 5 Dimond, Nakanishi, Schulter, Dubiel, Kanelos NAYS: 0 PASS: 1 Troiani ABSENT: 1 Surace There being five (5) affirmative votes the motion carried. NEW BUSINESS 14-ZP-5 Requesting a Special Use Permit to Appendix B, Section VIII (B)(3)(u) to allow a dance studio at 8951 N. Milwaukee Avenue, Niles, Illinois 60714 14-ZP-6 Requesting approval of a Plat of Consolidation at 5959 Howard Street, Niles, Illinois 60714 as provided in Appendix B, Section XI (C.1)(3)(i) 14-ZP-7 Requesting approval of a Plat of Subdivision at 6200 W. Touhy Avenue, Niles, Illinois 60714 as provided in Appendix B, Section XI (C.1)(3)(i) 14-ZP-8 Requesting a Special Use Permit to Appendix B, Section VIII (C)(3)(q) to allow a fuel station for ‘fuel sales – retail only’ at 6200 West Touhy Avenue, Niles, Illinois 60714 Page 1 of 17 APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS February 3, 2014 Chairman Kanelos called for the first item on the agenda. 14-ZP-5 Requesting a Special Use Permit to Appendix B, Section VIII (B)(3)(u) to allow a dance studio at 8951 N. Milwaukee Avenue, Niles, Illinois 60714 Bruce Sylvester stepped to the podium and presented this case. This is in the Assi Plaza Shopping Center. In your packet and on the overhead screen is an aerial photo of the site. On the eastern side of the building is a two story addition. You can’t get into Assi Plaza from this building but it does have entrances on the north and south sides. There is flexible space on the first and second floors. The proposal is to have a dance business operate in a portion of the second floor of this space. The area is already finished for a dance studio with wooden floors, mirrored back wall and a dance barre. Staff is recommending approval of this Special Use permit. This proposal does accomplish some of the goals listed in the 2030 Comprehensive Plan. It is taking a vacant space and putting in a business, combating blight in that location. It will maintain and strengthen the Village’s tax base. In this area there is Assi Plaza grocery store immediately adjacent to the west; a Niles Park District small park to the east; large parking area for Assi Plaza to the south; on the north is Ballard Road and across Ballard is some residential development. Other departments that reviewed this had no comments. Finding of facts: is the Special Use necessary for the public convenience at the proposed location? Staff feels the dance studio will provide recreational services for the public. Is the Special Use designed, proposed and located so the public health, safety and welfare will be protected? Staff feels this portion of Assi Plaza and its location along Milwaukee Avenue are appropriate for a dance studio business. It seems location was previously occupied by a dance studio but has been vacant for several months. 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. The required legal notifications were published in the newspaper and notices were mailed to owners of property within the required area. Following the decision tonight this case would go to the Village Board of Trustees for a final decision. Chairman Kanelos asked about the Village’s 2030 Comprehensive Plan. When you say blight, is the criteria for blight considered filling vacant space? Mr. Sylvester said correct. Page 2 of 17 APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS February 3, 2014 Vice-Chairman Dimond asked if the parking requirements are met. Mr. Sylvester said there is plenty of available parking. Vice-Chairman Dimond said this Special Use request would probably be granted. She is concerned that the property owner has come before the Board and has already done work to make the site viable assuming the request will be granted. Owners should be warned if they don’t get the Special Use they cannot proceed with fixing up the sites. Mr. Sylvester said the current applicants have not invested money or done improvements to the space. The Building Dept. was unaware the space had been improved. Either a previous tenant or the owner of the building may have put in some improvements. Chairman Kanelos asked if that work would have needed a permit. Charles Ostman said he had not seen the inside of the location. Commissioner Nakanishi pointed out on the applicants’ letter it states the site was used as a dance studio by previous tenants. Chairman Kanelos asked if there were more questions for the Staff. There were none. He then called the petitioner to the podium. Attorney Jonathon Kim, 1190 S. Elmhurst Rd., Suite 200, Mt. Prospect, IL 60056 stated he represents the petitioner. He reiterated the applicants did not invest any money in the space as far as improvements. The applicants were attracted to this space because the wood floor, mirrors and barre were already in place from a previous dance studio. According to the landlord it has been vacant more than six months, maybe a year or more. Commissioner Troiani asked if there were washrooms there for boys and girls. Chairman Kanelos said that is a code question and this Board has no jurisdiction over that. Vice-Chairman Dimond asked what the hours would be. Page 3 of 17 APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS February 3, 2014 Mr. Kim said the hours are not set at this time. The intention is to have morning classes, afternoon classes and evening classes so they can cater to as many people as possible. Commissioner Troiani asked if the petitioner was aware there is a nearby park that has Little League baseball games. Parking will be diminished when those games are in progress. They should get together with the Park District and arrange their schedule as such so there wouldn’t be a big program going on the same time as baseball. Chairman Kanelos asked is there were any more questions from the Commissioners. There were none. There was one question from the audience. Angelo Tourlis, 8053 W. Churchhill, Niles, IL 60714 came to the podium and was sworn in. He owns a three flat behind the site. There is already a traffic problem near the site, especially at night. He feels there will be a lot of noise with music at night. Behind Assi food store, trucks are parked and running all night. Wintertime isn’t bad because the windows are closed but in the nice weather it is noisy. Plus a lot of days in the summer it smells bad because of the fish department. He has approached the manager at the store. There is also the traffic problem with people taking Ballard from Greenwood to Washington then left on Washington as a shortcut to get to Golf Road. Chairman Kanelos said he hoped Mr. Tourlis understood this would not be a dance where there would be a lot of people. It is a studio to teach. Mr. Tourlis said it is a studio right now but who knows what it will become if they expand. Chairman Kanelos asked Mr. Kim if this is going to be only lessons. Mr. Kim said it is only a studio, not a nightclub. Mr. Tourlis said who knows what it will be later on. If they have concerts and bring a lot of people in. Chairman Kanelos said they cannot turn it into a nightclub. The area is 2,000 sq. ft. There are no facilities for food. There will not be liquor. Page 4 of 17 APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS February 3, 2014 Mr. Tourlis said in six months or a year, what if they apply for a license. Chairman Kanelos said if they do, they would have to come before this Board again and it would not be looked at favorably. He thanked him for his comments. Commissioner Troiani asked Mr. Tourlis if he talked to the manager about buying parking spaces for his building. Chairman Kanelos said this Board can’t do anything about that so that question will be cut off. He asked if there were other questions. There were none from the Board or the public. He entertained a motion. Commissioner Nakanishi move to approve case 14-ZP-5 requesting a Special Use Permit to allow a dance studio at 8951 N. Milwaukee Avenue, Niles, Illinois 60714 as provided in Appendix B, Section VIII (B)(3)(u). The Special Use is necessary for the public convenience at the proposed location. 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 other property in the neighborhood in which it is located. Seconded by Vice-Chairman Dimond, on roll call the vote was: AYES: 6 Dimond, Troiani, Nakanishi, Schulter, Dubiel, Kanelos NAYS: 0 ABSENT: 1 Surace There being six (6) 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-6 Requesting approval of a Plat of Consolidation at 5959 Howard Street, Niles, Illinois 60714 as provided in Appendix B, Section XI (C.1)(3)(i) Page 5 of 17 APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS February 3, 2014 Mr. Sylvester stated the Board may recall a few months ago they considered a request for a couple of variations for a proposed redevelopment of the Grainger site off Howard Street. The proposed redevelopment of that site for a FedEx warehouse and distribution facility is a permitted use. The plans themselves did not need any approval or review. The Village Board did require one condition of approval when the variations were granted. That is the applicants create a plat of consolidation to basically clean up property lines and dedicate some right of way for Howard St. and Menard Ave. adjacent to this property. The applicants have prepared that plat of consolidation and present it tonight for this Board’s review and approval. Staff is recommending that this Board recommends approval. Staff believes a few of the goals in the Comprehensive Plan are accomplished with this request. It would promote and encourage the improvement of older industrial areas which are becoming obsolete. This would help attract contemporary and industrial uses. The plat dedicates some right of way to the public along Howard and along Menard. This will allow Menard to be reconstructed to accommodate traffic loads. The plat also consolidates several contiguous parcels along either side of Menard into single lots thereby eliminating confusing lot lines. If this Plat of Consolidation were not approved, the FedEx building would sit on top and cross over parcel lines that exist today. Police and fire had no comments. Engineering did provide several comments, many of them related to technical aspects of the plat such as signature lines. The applicant has made all the revisions requested by the Village’s Engineering department. Staff recommends you consider the following findings of fact: the Plat of Consolidation will clarify and clean up confusing lot lines about the proposed FedEx distribution center and warehouse at 5959 W. Howard St. It will allow land to be dedicated to the public along Howard and Menard right of way as recommended by the Department of Community Development. It will accomplish several goals of the Village’s 2030 Comprehensive Plan. And the proposed facility will comply with applicable zoning requirements for setbacks and lot coverage, etc. Ordinances do not require any legal notifications or mail notices for plats. This Board’s recommendation would go to the Village Board for a final decision at the end of the month. Shown on the overhead and in the Board’s packet is a picture of the parcel lines. There is an old railroad area that will be eliminated in the new plat. Yellow lines on the photo show the current property lines. The right of way for Menard is substandard. In the new plat it will be wider. The hard corners will be corrected as well, especially at the southwest corner of Howard and Menard. Also in the packet is a letter from the Village’s consultant engineers Gewalt-Hamilton who reviewed the plat. Page 6 of 17 APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS February 3, 2014 There is also a letter from the Village’s engineer, Moses Nazzal, and lastly, there is a site plan for the FedEx facility and the actual proposed Plat of Consolidation. Commissioner Dubiel wanted to add there is a sewer line there that got picked up and extended so there is an easement all the way through. Mr. Sylvester said he did not talk about easements but the plat also provides easements where they are needed and eliminates them where utilities are being vacated. This is another layer of tidying up that is being accomplished with this plat. Vice-Chairman Dimond asked if this reduces the number of parcels to two. Mr. Sylvester said yes. Lot 1 will be the larger parcel on the west side of Menard. Lot 2 will be the small parcel on the east side of Menard. Vice-Chairman Dimond said now the property owner has to get new property index numbers from the County Clerk. Is that what happens next? Mr. Ostman said yes. It is done at the same time as recording of the plat. Chairman Kanelos asked if there were more questions for the Staff from the Commissioners. There were none. There were no questions from the public. He then asked the petitioner to step forward. Gary Obershaw, 11548 Altamount Drive, Fishers, IN. He had nothing to add to Mr. Sylvester’s presentation. Chairman Kanelos asked if there were any questions for him from the Commissioners. There were none from the Commissioners or the public. He entertained a motion. Commissioner Dubiel recommended the Village Board approve the Plat of Consolidation entitled final Plat of Subdivision – Howard Street Subdivision at 5959 Howard Street, Niles, Illinois 60714 as provided in Appendix B, Section XI (C.1)(3)(i) and it meets the findings of fact as contained in the Staff report of March 4, 2013 entered into evidence. Seconded by Vice-Chairman Dimond, on roll call the vote was: Page 7 of 17 APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS February 3, 2014 AYES: 6 Dimond, Troiani, Nakanishi, Schulter, Dubiel, Kanelos NAYS: 0 ABSENT: 1 Surace There being six (6) 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 next item on the agenda. 14-ZP-7 Requesting approval of a Plat of Subdivision at 6200 W. Touhy Avenue, Niles, Illinois 60714 as provided in Appendix B, Section XI (C.1)(3)(i) Mr. Sylvester said this item is one of two items related to the northwest corner of the intersection of Touhy Avenue and Melvina Avenue. Costco has a warehouse store immediately north and a little east of this parcel. There is an aerial photo on the overhead showing the exact location. Costco does not have gasoline pumps. You may or may not be aware many Costcos have gas. Now they desire to have pumps on or near their property at this location. They are in the process of purchasing the Leaning Tower Ford site (Landmark Ford). They are proposing to subdivide it into two parcels. That is the item we are discussing now. The second piece of their proposal is the last item on tonight’s agenda. That would be a Special Use permit to put gasoline pumps on the eastern half of the former Ford site. Recommendation from Staff is to approve the proposed Plat of Subdivision entitled Final Plat of Subdivision Costco Gasoline located at 6200 Touhy Avenue in Niles. This will accomplish many of the goals in the Village’s Comprehensive Plan. It will help maintain a range of retail and service commercial activities throughout the Village along key corridors. This identifies underutilized and underperforming parcels and sites. The Village has worked with the owners and developers to promote the redevelopment of these sites; this will help promote coordinated and shared vehicle access to commercial properties along the Village’s commercial corridors. They will get into that more in the last item on tonight’s agenda when looking at the site plan for the proposed Page 8 of 17 APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS February 3, 2014 fueling pumps. Last is commercial corridor beautification requiring new commercial development to put in sidewalks and street trees on both sides of the public right of way. The two proposed lots that would be created by this Plat of Subdivision meet all the minimum lot requirements for this zoning district. Lot 1 would be 2.36 acres in size – this is the eastern parcel where the proposed fuel pumps will be located. Lot 2 is the western parcel and it would be used for future retail, possibly Aldi – 1.96 acres in size. Both lots would be over 200 ft. wide. On the overhead is a view of lots 1 and 2 and it is also included in the Commissioners’ packet. Lot 1 is closest to Melvina and Touhy. Lot 2 is west of that. There would be shared access along the northern portion of Lot 1. Easement between the two parcels is being accommodated in the plat. Fire and police departments had no comments. The Engineering department required multiple revisions and the applicant has made those revisions. Findings of fact: the Plat of Consolidation will allow a currently vacant parcel to be used for two new businesses along Touhy Ave. It will accomplish several of the goals of the Village’s 2030 Comprehensive Plan. The proposed parcels will comply with all the requirements for lot size and width. This will go in front of the Village Board after this Board takes action tonight for a final decision. There are representatives in attendance tonight to discuss any details if people have questions. Commissioner Dubiel said since these are contingent, does 14-ZP-8 require notification? Mr. Sylvester said yes. Chairman Kanelos asked if there were questions for Staff. There were none. There were no questions from the public either. He then called for the petitioner to step forward. Theodore Johnson, 2311 W. 22nd St., Suite 208, Oak Brook, IL 60523 came forward and was sworn in. [He is with Design Strategies, Ltd. and is the Costco Development Director for Midwest projects.] He added they are proposing [at the southeast corner] in Lot 1 is a shared storm water basin. They are providing easements for both lots. This is sized for both Lot 1 and 2 development. Chairman Kanelos asked if there were any questions for the petitioner from Page 9 of 17 APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS February 3, 2014 the Commissioners. There were none. There were no questions from the public. Vice-Chairman Dimond told Mr. Sylvester she needed clarification on why the diagram mentions Lot 9 and Lot 23. Were those eliminated a long time ago; if so, why are they still on the map? Mr. Ostman stated lot divisions were not done properly over the years. Lot 9 on this map was actually part of a much larger subdivision that was never subdivided properly when Landmark Ford went in. Commissioner Dubiel said so the error is being corrected in this re-platting. Mr. Ostman said correct. Mr. Sylvester said the Village had their consultant surveyors look at this for technical accuracy. It was reviewed thoroughly and asked the applicant to make some revisions, which they did. It now meets all the requirements for approval. Chairman Kanelos asked if there were any more questions from the Commissioners or the public. There were none. He entertained a motion. Commissioner Dubiel recommends the Village Board approve Plat of Subdivision entitled Final Plat of Subdivision of Costco Gasoline at 6200 W. Touhy Avenue, Niles, Illinois 60714 as provided in Appendix B, Section XI (C.1)(3)(i). The Staff report contains the findings of fact that would support this decision. Seconded by Commissioner Schulter, on roll call the vote was: AYES: 6 Dimond, Troiani, Nakanishi, Schulter, Dubiel, Kanelos NAYS: 0 ABSENT: 1 Surace There being six (6) 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 10 of 17 APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS February 3, 2014 with the recording secretary. Chairman Kanelos called for the final item on the agenda. 14-ZP-8 Requesting a Special Use Permit to Appendix B, Section VIII (C)(3)(q) to allow a fuel station for ‘fuel sales – retail only’ at 6200 West Touhy Avenue, Niles, Illinois 60714 Mr. Sylvester presented the fourth and final item on the agenda. This request is to put gasoline fuel pumps on a new parcel just discussed in the item above as being Lot 1 of the proposed subdivision on the former site of Leaning Tower Ford at the northwest corner of Melvina and Touhy. Gas pumps are defined as fuel sales – retail only in the Village’s ordinances. They are classified as a Special Use in this zoning district. This parcel has B-2 zoning. Staff recommends approving the request so Costco can install fuel pumps on Lot 1. This is their preferred location. Staff does believe some goals of the Comprehensive Plan would be accomplished. Approving this request would promote commercial corridor beautification and combat blight. Approval would also strengthen and maintain the Village’s tax base through the attraction and retention of businesses. It will also create an appropriate mix of commercial and retail uses throughout the Village. The adjacent land uses in this area include south side of Touhy Ave. with a residential development within the city of Chicago; Melvina Ave. right of way and Target is to the east; the Leaning Tower YMCA is located both to the west and north. There is a site plan in the packet. It is the same as currently shown on the overhead. There would be five pump stations. The site would be accessed from any direction on Melvina. On Touhy it would be accessed from a right in – right out only. If you are westbound on Touhy you can turn right into the site or access the future development immediately to the west. If someone wants to exit on Touhy, they can only turn right. The Public Services department raised a question about congestion on Melvina. While there may be a slight increase in traffic, the pumps will be used primarily by the customers already going to Costco. Commissioner Dubiel said if leaving the existing Costco space and wanting to go east on Touhy, one would still go south on Melvina to the light. If one was to stop and enter the gas station, they would still lead back to the same spot after getting gas. Mr. Sylvester said people entering from westbound Touhy would either enter Page 11 of 17 APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS February 3, 2014 Melvina and then turn into the gas station; or a more direct route would be enter and exit directly off Touhy. The conclusion is there is no net new traffic. Chairman Kanelos said this is providing the person to go for gas the same time they are going to shop at Costco. A Costco customer, who doesn’t have to go to the warehouse store, might still be stopping to get gas only. Mr. Sylvester said the traffic engineer the Costco representative has with him this evening can give more detail on this subject. He now brought attention to the landscape plan. This will be a much improved and attractive corner once everything is in place. There are no elevations to review other than the canopy. There is a small enclosure for some mechanical equipment. There is a canopy over the pumps. That will all be screened by the landscaping. Police and fire have no comments. Findings of fact: The Special Use is necessary for the public convenience at the proposed location. It is designed, located and proposed to be operated so the public health, safety and welfare will be protected. This corner is an appropriate corner for an automotive fueling business such as the one proposed. Staff believes traffic issues were addressed through multiple features of the site including moving the Melvina entrance as far north as possible. Providing right in and right out on Touhy helps minimize any potential concerns with traffic and congestion; it also provides shared driveways immediately to the west for in and out on Touhy. This Special Use will not cause substantial injury to the value of other property in the neighborhood in which it is proposed to be located. Legal notifications were provided in the newspaper and to owners of property in the immediate vicinity. This Board’s recommendation tonight does need to go to the Village Board for a final decision. Chairman Kanelos asked what constitutes combating blight. Mr. Sylvester said as of now the site is a pretty rundown and vacant commercial property. Commissioner Schulter asked if Melvina Ave. is a 66 ft. right of way. Mr. Sylvester said it is a 50 ft. right of way. Commissioner Schulter said then there is no way to widen it to make turn lanes. Target’s entrance and exit will butt right into the Costco gas station Page 12 of 17 APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS February 3, 2014 entrance creating a bottleneck. Mr. Sylvester said they did ask Costco to dedicate additional right of way along Melvina and they did, in fact, dedicate some. But it is not to the point of making Melvina a 66 ft. right of way. Mr. Ostman said the applicant will address those issues. Commissioner Dubiel said when they get “no comments” from the other departments in the Village, it is difficult to presume what that means. Does that mean they are completely satisfied with this; does it mean it meets all the applicable safety requirements? Joseph Annunzio, Village Attorney, said it traditionally means they have no concerns. Commissioner Nakanishi said on the elevations page it says the canopy is 14 ft. 6 in. minimum. Is this compliant with the recent raising of canopy height in the Village? Mr. Sylvester suggested that be asked of the applicant. Mr. Ostman said this would go through code review. Chairman Kanelos asked if there were any other questions from Staff or from the public. There were none. He then called for the petitioner to come forward. Theodore Johnson, 2311 W. 22nd St., Suite 208, Oak Brook, IL 60523 came forward. He did not need to be sworn in again since he was sworn in from the previous item on the agenda. David Miller, Senior Traffic Manager, Sam Schwartz Engineering, 3100 W. Higgins Road, Suite 100, Hoffman Estates, IL 60169 also came to the podium and was sworn in. Mr. Johnson said Bruce did an excellent job describing the proposal. He wanted to clarify the northern driveway will be directly opposite the Target drives. Costco operators and real estate people know this site. Three weeks ago they hired David Miller, who has worked with Costco for fifteen years. Page 13 of 17 APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS February 3, 2014 They handed in their study this evening because the weather kept him away from doing his count. They finally got the counts Friday, January 31, 2014 and Saturday, February 1, 2014 and the report was just completed. Mr. Miller said they started out doing a traffic count at Touhy and Melvina and then at the Target drives on Melvina. This was done on Friday evening from 3:30 until 6:00 p.m. and then on Saturday from 12 noon until 2:00 p.m. Those are typically the peak times. The summary is in the report. There will be five gasoline islands; each of those will have four fuel pump stations for a total of twenty. One of the uses for Lot 2 may or may not be used for a food store so we take that traffic into account as well. We included all this to see how much traffic might be added to Melvina, and Touhy and Melvina, and the right in right out off Touhy. Studies have been done that show almost 90% of the traffic using a fuel facility at Costco also uses the warehouse at the same time. Roughly 65% come to the fuel facility first, and then go on to shop. About 25% come from the warehouse to fuel up. About 10% goes only to the fuel facility and do not go to the warehouse. So that is really the only new traffic – the 10% that is only going for gas. Most Costcos have the fuel facility on the site with the warehouse. This is slightly offset from that. That means the full traffic volume will be at those intersections where Target (lot) and Costco (gas) meet and also the in and out on Touhy. Worst case scenario is if all the traffic for Costco gas and possibly Aldi were new. There are letter designations for intersections from Level service A – free flow and very good conditions to Level service F. The intersection of Touhy and Melvina is currently operating at Level service C for both p.m. and Saturday. When adding additional traffic from Costco gas and the food store, it is still at Level service C. The full access drive is opposite the Target drive and that is what they try to do so that the movements are opposite each other. The proposed Costco drive will be a little better than the Target drive because there will be a full length left turn lane and a combination through right lane. He found it interesting that you cannot exit Target directly onto Touhy. If they could have a right out onto Touhy the traffic on Melvina could be reduced about 50% at the peak time. While he is not intending to solve Target’s problem, it would improve the operations of this intersection if there was a westbound exit onto Touhy from Target. However, in his opinion, this intersection will operate well. Commissioner Schulter asked if Costco gas stations sell diesel fuel. Mr. Johnson said right now they sell regular and premium only. In the Page 14 of 17 APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS February 3, 2014 Midwest that is all they sell, two grades. Commissioner Troiani asked about the building on site that will house one person because no money will be transacted. Only Costco members can buy the gas, correct? Mr. Johnson said yes. Mr. Miller did recommend that Melvina be re-striped so there are separate left turn lanes. It was difficult with the snow to see the full width. It would be better for through traffic to have left turns lanes northbound and southbound on Melvina. Commissioner Schulter asked how much property is being given to the Village of Niles for the right of way. Mr. Johnson said 5 ft. And they are giving 50 ft. to IDOT for Touhy Avenue. Commissioner Dubiel asked if the traffic report is being submitted as part of the testimony. He asked for a copy to take a look at it since it was done late today; it is not part of the packet. He would like an explanation of Level service C. Mr. Miller said it is combinations of the traffic volumes, the number of lanes, turn lanes, through lanes, whether or not there is a signal, etc. It comes down to two terms: seconds of delay and level of service. Level of service A is the best. Level E is more saturated. Level F means it would probably take you 3 or 4 cycles to get through a signal if one were present. You can have certain movements that might be an E or F. On a Saturday there were 320 left turns coming onto Melvina from the Target parking lot in an hour. That is huge. He went into a detailed explanation for Commissioner Dubiel but everything is explained in the traffic report. Commissioner Dubiel asked how the Village may institute turn lanes on Melvina. Mr. Ostman said Costco will take care of striping the turn lanes onto Melvina. Page 15 of 17 APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS February 3, 2014 Mr. Sylvester suggests adding that as a condition of approval for the Special Use. Commissioner Schulter said he knows Touhy is a state road and Melvina a Niles road. Does IDOT regulate those traffic signals? If there is increased traffic, is there a chance IDOT will change the timing of the signals? Mr. Ostman said yes, they do regulate the signals. Mr. Miller said having worked with IDOT and Touhy being a main artery, IDOT will maximize the time on their road. He has had experience where they might change it though. Commissioner Troiani asked about signage. He doesn’t see anything in the packet about this. Chairman Kanelos said that is because it has to comply with the code. It is not relevant to this Board. Mr. Ostman said Costco does not have a ground sign advertising the price. Chairman Kanelos entered the traffic memorandum as Exhibit A for 14-ZP-8. Commissioner Dubiel asked Mr. Ostman his feeling about having Target relieving some of the traffic on Melvina. Mr. Ostman said he would contact the Engineering Department immediately and have IDOT take a look at that. IDOT will be here on another issue soon so we will ask them to evaluate this issue at the same time. They will do their best to resolve it. Chairman Kanelos asked if there were any more questions for the petitioner. There were none. There were no questions from the public either. At this time he entertained a motion. Commissioner Troiani moved to approve 14-ZP-8 requesting a Special Use Permit to Appendix B, Section VIII (C)(3)(q) to allow a fuel station for ‘fuel sales – retail only’ at 6200 West Touhy Avenue, Niles, Illinois 60714. Seconded by Vice-Chairman Dimond, who wished to add a friendly amendment. In conjunction with the motion, she also made the findings of Page 16 of 17 APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS February 3, 2014 fact that the Special Use is necessary for the public convenience at the proposed location since it provides automobile fueling 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 other property in the neighborhood in which it is proposed to be located. She also added the condition that Costco paint stripes on Melvina in accordance with the traffic study that was mentioned by David Miller. Commissioner Troiani accepted the friendly amendment. On roll call the vote was: AYES: 6 Dimond, Troiani, Nakanishi, Schulter, Dubiel, Kanelos NAYS: 0 ABSENT: 1 Surace There being six (6) 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 then entertained a motion to adjourn. Commissioner Dubiel moved to adjourn. Seconded by Commissioner Troiani, on roll call the vote was: AYES: 6 Dimond, Troiani, Nakanishi, Schulter, Dubiel, Kanelos NAYS: 0 ABSENT: 1 Surace There being six (6) affirmative votes the motion carried. The meeting adjourned at 8:30 p.m. Kathleen Janessa, Recording Secretary Page 17 of 17

Agenda

“Where People Count” Community Development 1000 Civic Center Drive, Niles, Illinois 60714 Mayor Telephone (847) 588-8040 ● Fax (847) 588-8050 ● TDD (847) 588-8059 Andrew Przybylo AGENDA Trustees George D. Alpogianis PLAN COMMISSION & ZONING BOARD OF APPEALS Chris Hanusiak MONDAY, FEBRUARY 3, 2014 7:00 p.m. John C. Jekot Joe LoVerde CALL TO ORDER Danette O’Donovan Matyas Rosemary R. Palicki PLEDGE OF ALLEGIANCE Village Manager ROLL CALL Steven C. Vinezeano APPROVAL OF MINUTES Village Clerk January 6, 2014 Marlene J. Victorine ______________ ANNOUNCEMENTS Community Development OLD BUSINESS Director Charles Ostman NEW BUSINESS 14-ZP-5 Requesting a Special Use Permit to Appendix B, Section VIII,(B)(3)(u) to allow a dance studio at 8951 North Milwaukee Avenue, Niles, Illinois 60714 14-ZP-6 Requesting approval of a Plat of Consolidation at 5959 Howard Street, Niles, Illinois 60714 as provided in Appendix B, Section XI(1)(3)(i) 14-ZP-7 Requesting approval of a Plat of Subdivision at 6200 West Touhy Avenue, Niles, Illinois 60714 as provided in Appendix B, Section XI(1)(3)(i) 14-ZP-8 Requesting a Special Use Permit to Appendix B, Section VIII,(C)(3)(q) to allow a fuel station for ‘fuel sales—retail only’ at 6200 West Touhy Avenue, Niles, Illinois 60714 DISCUSSIONS ADJOURNMENT www.vniles.com