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 3, 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 with Chairman Thomas Kanelos and Village Attorney Joseph Annunzio was Vice-Chairman Karen Dimond. Also present were Commissioners Thomas Surace, Angelo Troiani, Barbara Nakanishi and Morgan Dubiel. Bruce Sylvester, Senior Planner, was also present. Commissioner Robert Schulter was excused. Chairman Kanelos asked if there were any additions, clarifications or corrections to the minutes of October 6, 2014. There was one correction from Commissioner Nakanishi: the number of affirmative votes on the approval of the minutes from September 8, 2014. This was corrected from seven to six. Commissioner Dubiel moved to approve the minutes of October 6, 2014 as corrected. Seconded by Commissioner Nakanishi, on roll call the vote was: AYES: 5 Dubiel, Surace, Troiani, Nakanishi, Kanelos NAYS: 0 ABSTAIN: 1 Dimond ABSENT: 1 Schulter There being five (5) affirmative votes the motion carried. NEW BUSINESS 14-ZP-34 Requesting a Special Use permit per Appendix B, Section VIII (B)(3)(y) to allow a Hertz car rental business to operate at 7239 Dempster St. 14-ZP-35 Requesting an amendment to a Special Use Permit and Planned Unit Development per Appendix B, Section XI (H)(6)(B)(5)(b) to allow Verizon Wireless to install cell phone antenna and equipment on top of the building located at 8801 West Golf Road. 14-ZP-36 Requesting a Special Use permit per Appendix B, Section IXA (B)(5)(a) to allow additional wireless communications antennae at 8360 Dempster Street. Page 1 of 18  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS November 3, 2014 14-ZP-37 Requesting a Special Use permit per Appendix B, Section IX (B)(2)(i) to allow automobile sales at 6400 West Touhy Avenue. 14-ZP-38 Requesting a Special Use permit per Appendix B, Section VIII (B)(3)(nn) to allow a medical-aesthetic-wellness center/clinic at 7437 North Harlem Avenue. Chairman Kanelos called for the first case to be presented. 14-ZP-34 Requesting a Special Use permit per Appendix B, Section VIII (B)(3)(y) to allow a Hertz car rental business to operate at 7239 Dempster St. Bruce Sylvester, Senior Planner, stepped to the podium to present this case. This is to allow a car rental business at 7239 Dempster St. The Chief of Police has recommended one condition for approval. The vehicles for rent must be parked in an illuminated area of the parking lot at night. That is to prevent any theft or tampering. The property is zoned B-1. This type of business does require a Special Use permit. The applicant is to rent a currently vacant space of about 1,200 sq. ft. next to the Firestone business on the western end of the shopping center. They would have about 50 vehicles available but only 5 to 10 vehicles will be on site at any one time. Approving this request would further several of the goals of the Village's Comprehensive Plan including promotion of commercial corridor beautification by preventing vacancies and by maintaining a range of retail service and commercial activities throughout the Village along key corridors. This proposal was circulated to various department heads. The only comment was from the Police Department as explained above. The Finding of Fact are in the packets on page 2 of the Staff report. In Staff's opinion the required findings are satisfied for this Special Use permit. The required legal notice was published in The Bugle newspaper and mailed notices were sent out to property owners within the required area. The recommendation from Staff is to approve the request. Commissioner Dubiel stated if there is going to be a recommendation from a department head, he would like a copy of that recommendation. Vice-Chairman Dimond asked if this business is going next to Super Cuts. Page 2 of 18  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS November 3, 2014 Mr. Sylvester stated it is the northern most vacant space. Vice-Chairman Dimond asked where exactly are these rental trucks going to be parked. Mr. Sylvester said the cars would be parked on the west end, closest to the business. They are not renting trucks. Chairman Kanelos asked if there were any more questions from the Commissioners. There were none. He said from now on in order to save time, he will take questions from the public after the petitioners have spoken at which time they will be able to ask questions of both the petitioners and the Commissioners. He called for the petitioner to come forward. Scott Evans, General Manager, Hertz Rental Car, Chicago, Illinois stepped forward and was sworn in. He said this would be a local rental business. There will not be any trucks. Commissioner Dubiel asked if they draw 50 cars from other Hertz lots. Mr. Evans said they have an interchangeable fleet. Vice-Chairman Dimond asked exactly which spot Hertz is taking in that center. Mr. Evans said it is in the separate part of the strip, next to a State Farm Agent. It will be the northern most suite, directly adjacent to the Firestone building. Vice-Chairman Dimond asked if there is an arrangement with the owner of the parking lot to reserve certain spots or will the cars be scattered throughout the parking lot. Mr. Evans said there is no formal arrangement for assigned parking. There is an excess of parking spaces in this lot. Vice-Chairman Dimond asked if the entire lot will be illuminated since the vehicles might be anywhere in the lot. Mr. Evans said yet. Page 3 of 18  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS November 3, 2014 Commissioner Troiani asked about illuminating the 5 spaces needed in the lot 24 hours a day. Mr. Evans said he will have it illuminated. The cars will be parked where it is illuminated. Chairman Kanelos asked if there were other questions from the Commissioners. Commissioner Dubiel said to Mr. Evans it is in his interest to not have his cars stolen. Do you have any objection to the Police Department's request as a condition of this approval? Does this fit your business purpose well? Mr. Evans said absolutely. Mr. Sylvester said Chief Strzelecki was concerned the parking area west of the Firestone store is a parking area not illuminated. The parking east of and in front of the business is an illuminated parking lot. The Police Chief did not want the for rent vehicles stored overnight behind the Firestone store where it is dark. Chairman Kanelos asked if there were any questions from the public for either Commissioners or the petitioner. There were none. He entertained a motion. Commissioner Dubiel moved to approve to allow a vehicle rental business to operate at 7239 Dempster St. as provided in Appendix B, Section VIII (B)(3)(y) with the following condition of approval: that for rent vehicles must be parked in illuminated areas at night and that this meets the requirements for the Special Use permit. The Findings of Fact are in the Commissioners packets regarding Section XI H(4) of the zoning code; that it is necessary for the public convenience at the proposed location; and that the Special Use is designed, located and proposed to be operated so the public health, safety and welfare will be protected; and that the Special Use will not cause substantial injury to the value of other property in the neighborhood in which it proposed to be located. Seconded by Commissioner Troiani, on roll call the vote was: AYES: 6 Dubiel, Dimond, Surace, Troiani, Nakanishi, Kanelos NAYS: 0 ABSENT: 1 Schulter Page 4 of 18  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS November 3, 2014 There being six (6) affirmative votes the motion carried. Chairman Kanelos stated 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-35 Requesting an amendment to a Special Use Permit and Planned Unit Development per Appendix B, Section XI (H)(6)(B)(5)(b) to allow Verizon Wireless to install cell phone antenna and equipment on top of the building located at 8801 West Golf Road. Mr. Sylvester stated this case is a bit unusual. The request is straightforward to put cell phone antenna on top of a building. They have processed many of these requests. But this one is different in that it has residential zoning. In Niles, cell phone antenna are typically allowed only in commercial zoning districts. They are not allowed in residential districts. This is a very tall tower located at 8801 West Golf Road. Staff is recommending approval. The other part of this request is as follows: when this property was annexed the Village assigned it a zoning that was not only residential but also a PUD. That was done because at the time this building was annexed, there wasn’t a residential zoning that fit it well. So it was assigned a zoning R-1, which is single family, but with a Planned Unit Development (or PUD) overlay. In addition to granting the Special Use permit that is required for cell phone antenna, the technical thing that must be done is to amend the Planned Unit District that applies to the property. It really is a twofer. It's a Special Use permit and a request to amend the PUD. Staff is recommending both actions be taken. It's a bit of a technicality but he wants to make sure everyone understands. The applicant in this case is Verizon Wireless, using a consultant firm Cell-U-Site. The consultant's name is Derek McGrew and he is present. Shown on the overhead is what is proposed to go on top of the tower. It is located at Western and Golf Roads. Also included in the packet are elevations of what the proposed antenna will Page 5 of 18  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS November 3, 2014 look like. Sheet A-2 shows the elevation after the antennae are installed. There are existing equipment buildings and elevator shaft buildings on top of this residential tower and the antenna will be mounted no higher than those buildings. This will not add any height to the building. The terms of the Special Use requirements that need to be satisfied are located on the top of page 2 in the packets. Is the Special Use necessary for the public convenience at this location? Staff believes that is necessary because it will enhance cell phone service to the Niles community. Is the Special Use designed, located and proposed to be operated that the public health, safety, and welfare will be protected? Staff believes it will be. The Village's technical consultant, Stu Chapman, has reviewed this proposal. His report is in the packet on page 4. Will the Special Use cause injury to the value of other property in the neighborhood in which it is located? Staff believes it will not. Notification requirements were satisfied. It was in The Bugle newspaper and all the residents of the large condominium building had to be notified as well. He had two phone calls from residents concerned about this proposal. Chairman Kanelos said if this is approved they will be bound by the construction hours that the Village has, correct? Mr. Sylvester said yes. Commissioner Dubiel said this amendment would allow these antennae to be installed throughout the R-1 PUD, is that correct? Mr. Sylvester said this would be allowed with this amendment only. It would not be a blanket approval. This amendment would only be for this particular building and only for Verizon. Any other company that wanted to put more antennae on this building or any of the other three buildings in the area, would need to go through the same process. Vice-Chairman Dimond asked if the cell phone antenna would be flush against the penthouse and painted white. Mr. Sylvester said yes. Chairman Kanelos asked if there were other questions from the Commissioners. There were none. He asked for the petitioner to step forward and be sworn in. Page 6 of 18  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS November 3, 2014 Derek McGrew, Cell-U-Site, 103 Hillshire Ct., Noblesville, IN, came to the microphone. They are proposing to make the shelter to match the elevator shaft. And the antennae are already white. They will have to paint the coax cables white. This building is the best location for this. Had they used another building in the area it would have caused a shadow - meaning the reception would not have been as good. And they want to hit the intersection of Golf and Milwaukee. This is the furthest north east building in the area. Chairman Kanelos asked if installation is noisy. Mr. McGrew said during installation there will be drilling. It is a construction job. There will be some noise. It will probably take 3 weeks but there won't be drilling every one of those days. Chairman Kanelos asked Mr. McGrew if he knows he must comply with the Village's hours to allow construction. Mr. McGrew said yes. Commissioner Dubiel asked what a shadow is. Mr. McGrew said if they were to use other buildings in the area, the building in question is going to block the signal. Therefore this was the best. Chairman Kanelos asked if there were other questions from the Commissioners. There were none. He asked if there were any questions from the public. Mrs. Niki Tsakalis, 8801 W. Golf Rd., Unit 12C, Niles, IL, came forward and was sworn in. She recently moved to this building. She just found out about this from the letter she received from the Village. She got information from the internet about the danger of radiation from cell phone towers. She went on to read the article about this problem. She feels this cell tower would be dangerous to her health and the health of many others including a nearby school. She lives on the 12th floor, closest to the area of the cell phone tower. Chairman Kanelos asked Mr. McGrew if he had answers regarding Mrs. Tsakalis' concerns. Mr. McGrew said the frequencies Verizon will be broadcasting will be within Page 7 of 18  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS November 3, 2014 the FCC guidelines. The percentage [of radiation] emitted from these cell phone towers is something like .4% of what is allowable. Mrs. Tsakalis would like to see this in writing. She also stated the residents of the building were never asked about this installation. The first they heard of it was through the letter sent to the residents from the Department of Community Development. Chairman Kanelos asked Mr. Sylvester if Verizon needed documentation from the FCC in order to obtain a permit to perform this work. Mr. Sylvester said he believes when Stu Chapman does his technical review, that is one of the things he examines. For the zoning permit, this department doesn't get into the technical FCC level information. [Stu Chapman is from Municipal Services Associates. He is hired by the Village as an independent consultant for his expertise regarding technical items, such as radio frequencies. He reviews proposals from cell phone companies to make sure all the legal, technical and public safety requirements are satisfied. He reviewed this application and said it met all the requirements and that is why it is being considered tonight for the zoning approval.] Mrs. Tsakalis said that is only for zoning but you didn't look into the magnetic field. Chairman Kanelos said they hired a consultant who looks at everything regarding how this would impact the entire project. He asked her who is the source from the information she downloaded. Mrs. Tsakalis said it was from experts on the internet. Mr. McGrew said they don't like to get into discussions of health effects in these kinds of meetings because the FCC doesn't allow it. He suggests she Google American Cancer Society and cell tower. They paid for a study that shows there is no proof there are any negative effects from cell towers. He does not comment on miscellaneous internet information. Commissioner Dubiel said the letter in the Commissioners' packet from Sept. 23, 2014 is not an approval letter. It is a letter from Stu Chapman Page 8 of 18  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS November 3, 2014 requesting additional information. Is there a follow-up letter that says this project is good to go? The attachments are correct but there is no approval. Mr. Sylvester said he does not have an approval letter with him. He apologized that the packet was not complete. Chairman Kanelos asked if this is something he has access to this evening. Mr. Sylvester said no. Chairman Kanelos then issued a motion to table this item. Vice-Chairman Dimond moved to table 14-ZP-35. She temporarily removed the motion for one question by Mr. McGrew. Mr. McGrew said his industry is time sensitive. He wondered if the Board had enough information to make a decision before it is tabled. Chairman Kanelos said they don't have enough information from their expert, Stu Chapman. Commissioner Dubiel asked Mr. Sylvester if he had enough information from Stu Chapman. Mr. Sylvester said he did not have that. Vice-Chairman Dimond again moved to table 14-ZP-35. Seconded by Commissioner Dubiel, on roll call the vote was: AYES: 6 Dimond, Surace, Troiani, Nakanishi, Dubiel, Kanelos NAYS: 0 ABSENT 1 Schulter There being six (6) affirmative votes the motion carried. This will be on the agenda at the next meeting if the petitioner still wishes it to be. Chairman Kanelos called for the third item on the agenda. 14-ZP-36 Requesting a Special Use permit per Appendix B, Section IXA (B)(5)(a) to allow additional wireless communications antennae at 8360 Dempster Street. Page 9 of 18  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS November 3, 2014 Mr. Sylvester said this situation is similar to the previous agenda item in that he does not have the technical review and report from Stu Chapman. He only has his letter finding the Village ordinance requires a Special Use permit. Joseph Annunzio, Village Attorney, said Staff might want to tell Stu Chapman he is making an illegal opinion. Mr. Sylvester said this is a request for additional antennae on an existing monopole at 8360 Dempster St., Niles Fire Station #2. The company is T-Mobile. They are proposing to expand their network in this area. Staff believes their requirements for a zoning permit are satisfied. Since the property has public institutional zoning, it is not an amendment to a PUD as with the previous item. Legal notifications were provided as required. Included in the packets in an aerial photo showing the location. Recommendation is to approve this zoning request. Commissioner Dubiel asked how many antennae are already on the monopole. Mr. Sylvester believes there are two existing companies and T-Mobile would be the third. There are many antennae on this monopole. Commissioner Dubiel said once Stu Chapman completes his report it says it has to go to zoning for a Special Use Given the fact there are already several antennae on this pole, do we think Mr. Chapman feels this is an acceptable location. Mr. Sylvester said yes. Vice-Chairman Dimond asked if the antennae scheduled to go on this pole are the same type already there. Mr. Sylvester said the petitioner should answer that. Chairman Kanelos asked for other questions from the Commissioners. There were none. He called for the petitioner to come forward. Jonathan Restivo, T Mobile, came to the podium and was sworn in. This an Page 10 of 18  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS November 3, 2014 existing monopole that will not be raised in any way. The height will stay the same. This is city property; the Fire Chief has approved the location. They are moving forward with a lease looking for Village Board approval at the next meeting. Vice-Chairman Dimond asked if the antennae scheduled to go on this pole are the same type already there. Mr. Restivo said he can't speak to the types of antennae Sprint and Verizon already have on the pole. However, the technology is very similar. They are petitioning for six antennae, two per sector. The others [on the pole] have more. Chairman Kanelos asked if there were any more questions from the Commissioners or from the public. There were none. He entertained a motion. Commissioner Dubiel moved to amend the Special Use permit granted by Ordinance 2000-54 to allow additional cell phone antennae on an existing monopole tower at 8360 Dempster Street per Appendix B, Section IXA (B)(5)(a} in that it meets the requirements for Special Use on the Findings of Fact. It will enhance cell phone service to the Niles community and therefore is necessary for the public convenience at this proposed location. It is designed, located and proposed to be operated so that the public health, safety and welfare will be protected. It 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 Dubiel, Dimond, Surace, Troiani, Nakanishi, Kanelos NAYS: 0 ABSENT: 1 Schulter There being six (6) affirmative votes the motion carried Chairman Kanelos stated 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. Page 11 of 18  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS November 3, 2014 Chairman Kanelos called for the fourth item on tonight's agenda. 14-ZP-37 Requesting a Special Use permit per Appendix B, Section IX (B)(2)(i) to allow automobile sales at 6400 West Touhy Avenue. Mr Sylvester said this is a request for a Special Use permit to allow automobile sales at 6400 West Touhy Avenue. Staff is recommending parking credits be granted. This space is a wholesale jewelry business that is leaving. The owner is proposing to use the space to sell upscale automobiles, indoor display, mostly through the internet. This type of use is allowed in this zoning district; it has commercial zoning. This use would further the growth of the Comprehensive Plan. Staff believes several of the goals will be accomplished. This would promote commercial corridor beautification by preventing blight and vacancies. The goal of maintaining a range of retail and service commercial activities throughout the Village's key corridors will be accomplished. If this is approved it would maintain and strengthen the Village's tax base and seek an appropriate mix of commercial and retail uses throughout the Village. The other department heads have all responded. None had any concerns. The total number of parking stalls required based on the various uses of this multiple tenant building would be 27. There are 22 available resulting in a shortage of 5. Staff is recommending that a 5 parking stall credit be granted based on the businesses that are there and the nature of the business proposed. Staff believes parking will not be a problem. As far as Finding of Fact: is the Special Use deemed necessary for the public convenience at this location? This will allow a new business in the community that would sell vehicles and will provide a needed service for the public convenience. Is the Special Use designed, located and proposed to be operated so that the public health, safety and welfare will be protected? Staff believes this is an appropriate location for vehicle sales. Last, will the Special Use cause substantial injury to the value of other property in the neighborhood in which it is located? Staff believes it will not. The required notifications were published in the paper and mailed to surrounding businesses. There is an aerial photo in the packet showing the property is just east of Caldwell on Touhy south of Gross Point Rd. There is also a floor plan provided by the applicant. Chairman Kanelos asked if there were any questions from the Commissioners for Staff. There were none. He then called the petitioner to the front to be sworn in. Page 12 of 18  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS November 3, 2014 Michael Stella, 3939 Miller Drive, Glenview, IL, came to the podium and was sworn in. The business will be an internet based sales company dealing in high line vehicles. They advertise on eBay and Auto Trader. There is not a lot of walk-in traffic. Business is done over the internet. A lot of automobile companies are based that way. In the last ten years as many as one hundred businesses have opened as internet dealers in the state of Illinois. They sell mostly high line vehicles. This business will not repair vehicles. This will be an indoor showroom. Most of the cars they would sell are Porsches, Mercedes, BMWs, Audis. Vice-Chairman Dimond said the plan shows there will be 10 to 15 employees. How many would be there at any given time? Mr. Stella said 3 to 4. Vice-Chairman Dimond the plan shows 10 to 15 parking stalls outside. Mr. Stella said they would have 10 to 15 in the front of the space they are going to occupy which would include customer parking and parking for the employees. Vice-Chairman Dimond asked if he has operated this type of business before. Mr. Stella said yes. He currently is a partner in a warehouse is Costa Mesa, CA and it is 100% internet based sales. They are not on a volume basis. They will carry about 40 to 50 cars in this particular showroom. They have a website. They advertise on eBay, Auto Trader, cars.com, etc. They have unique merchandise that not everyone has. Some customers will come to the location, some buy over the internet. Some cars are shipped to the customers. Some clients find inspection companies that send a rep to inspect the car for them. Chairman Kanelos asked if there were any more questions from the Commissioners. There were none. There were no questions from the public either. He then entertained a motion. Commissioner Dubiel moved to approve a Special Use permit and parking credits to allow vehicle sales at 6400 West Touhy Avenue as per Appendix B, Section IX (B)(2)(i) and Appendix B, Section X (B)(10)(nn) for case 14-ZP-37 Page 13 of 18  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS November 3, 2014 and the requirements from Section XI (H)(4) have been met. It will provide services for the public and therefore provide a public convenience. That Touhy Avenue is an appropriate location for a vehicle sales business which is the one proposed, therefore the public health, safety and welfare will be protected. And this will not cause substantial injury to the value of other property in the neighborhood in which it is located. Seconded by Commissioner Troiani, on roll call the vote was: AYES: 6 Dubiel, Dimond, Surace, Troiani, Nakanishi, Kanelos NAYS: 0 ABSENT: 1 Schulter There being six (6) affirmative votes the motion carried. Chairman Kanelos stated 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 final item on the agenda. 14-ZP-38 Requesting a Special Use permit per Appendix B, Section VIII (B)(3)(nn) to allow a medical-aesthetic-wellness center/clinic at 7437 North Harlem Avenue. Mr. Sylvester presented once again. The Staff originally recommended the request be denied because of lack of parking. However since the reports were distributed over a week ago, the applicant has provided additional information about a municipal parking lot that is very close to the proposed business. Therefore Staff no longer has those concerns. He showed an aerial photo. The property is located near the intersection of Harlem and Milwaukee Avenues on the east side of Harlem. The picture just handed to the Commissioners shows the municipal lot just north of the proposed location. The property is zoned B-1. The proposed medical clinic would be approximately 2,200 sq. ft. It would include 5 procedure rooms, a reception/waiting area, offices and storage rooms. Included in the packet is a floor plan. This building has 2 tenant spaces, both vacant at this time. This proposed business would use the southern portion of the building. The northern portion at 7443 would still be available for a future business. Page 14 of 18  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS November 3, 2014 Approving this would further the goals of the Comprehensive Plan. This would fill a vacant space with a new business which would promote commercial corridor beautification and combat blight. It would maintain commercial activity throughout the Village. It would also maintain and strengthen the Village's tax base through the attraction and retention of businesses. And it would seek an appropriate mix of commercial and retail uses throughout the Village. This would not have sales tax but would be a business that would generate traffic in the community. The application was sent to other department heads. They responded and had no concerns. The zoning ordinance requires medical clinics to have 2-1/2 parking spaces for each examining room. This proposal would have 5 examining rooms for a total of 13 parking stalls. There are 10 stalls on the site. But now we know there is a municipal parking lot immediately north of this site which would provide additional parking. The three standards for a Special Use have been met especially now that there is additional parking. Legal notification was provided in the newspaper and to owners of property within the area. In the packet is information provided by the applicant including the site plan showing parking, a description of the business and a floor plan. Chairman Kanelos asked if the parking lot is marked as a public parking lot. On the third Finding of Fact, before the parking situation you felt it was a negative impact. Now that Staff knows the parking lot is there, your thought is reversed. Mr. Sylvester said it is signed "Municipal Parking". He thinks parking is still a concern but now less of a concern. One of the types of businesses that generate the most parking demand are medical clinics. Commissioner Dubiel asked how many spaces are in the municipal lot. Originally you gave a recommendation to deny this case. Now you are neutral. So you're neither for or against. Is the vacant site at 7443 Harlem owned by the same person? Mr. Sylvester said it is not striped. Yes it is a one owner site. The concern at first was by allowing a parking intensive business in this location, it would make the other tenant space to the north unusable. Commissioner Dubiel wanted clarification that any other properties in the area would be harmed. Page 15 of 18  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS November 3, 2014 Commissioner Nakanishi said there is a memo in the packet not signed by anyone. Does Mr. Sylvester know who wrote the memo? Mr. Sylvester said it was from the applicant. Vice-Chairman Dimond asked about the parking lot. Is it far from the site? Also, the photo shows no cars in the parking lot. Are there often cars there? Mr. Sylvester said the parking lot is adjacent across the alley. When he has driven by, he noticed a few cars but never full. Commissioner Surace said as he looks at the request, Dr. Castro will have quite a few things going on at this site like plastic surgery, physical therapy, dermatology, etc. A lot of these things require repeat visits. That will require a lot of parking. That municipal lot is crucial to this request. Chairman Kanelos asked if there were other questions for Mr. Sylvester. There were none. He then asked the petitioner and his representative to come forward. Paul Kolpak, 6767 N. Milwaukee Ave., Niles, IL, attorney for the petitioner, and Dr. Ramon Castro, the petitioner, 2221 Farrell, Park Ridge, IL came to the podium. Only Dr. Castro had to be sworn in as Mr. Kolpak is an attorney. Mr. Kolpak said it is approximately the width of an alley from the northern most property line to the parking lot. He counted off about 16 spaces when he walked the lot. That lot has been maintained for at least 30 years by the Village. He has never seen the lot full. The doctor can make it available to his patients. The building has been vacant for 7 years. Dr. Castro will tell us how much money he will put into the building to refurbish it. Also, we think when we go to a doctor's clinic they are usually 45 minutes late and there are other people coming early and waiting as well. Dr. Castro's business plan will address those issues. Dr. Castro said he would be spending about $300,000. It is $100,000 just to fix the roof and plumbing. He has a main office in Chicago at Belmont and Central. This would be his second location. He is a vascular surgeon. He also does cosmetic surgery and liposuction, Botox, etc. He will be doing Page 16 of 18  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS November 3, 2014 physicals since he is board certified in internal medicine also. He does high- end executive physicals. Those take an hour. He plans to have a receptionist/CNA and ultra-sonographer. He has to do an ultra-sound with a consultation. He plans to be there for procedures on a part-time basis since he will be working out of both locations. He will be there 2 to 4 hours each day Monday thru Friday. Most of the procedures he does take about an hour. At any given time he will be working on 2 people. This is not going to be a general internal medicine practice where you have a lot of people waiting. It is hours by appointment. He likes the location but the building needs a lot of work. Mr. Kolpak said in the doctor's business model, if he's working on 2 people and there are 2 people who come a half hour early, that would be a maximum of 7 people in the building. Dr. Castro said the hours would be 9 to 5 Monday thru Friday for the 2 full time people. He doesn't know for sure if he will be there mornings or evenings. He has to balance both clinics. Mr. Kolpak reminded Dr. Castro that if the Special Use parking variation is granted from 13 to 10 and the remainder of the building is rented, he will have to come before this Board again to request additional parking. Commissioner Dubiel asked if Dr. Castro is the lessee or the owner of the property. Dr. Castro said he is trying to buy it. He would be a contract purchaser. Commissioner Dubiel went over the parking layout. He asked the Dr. if 4 would be a lot of patients at once. Dr. Castro said yes. That would be unusual. It is more like 2 at a time. Chairman Kanelos asked if there were additional questions from the Commissioners. There were none from them or from the public. Commissioner Troiani moved to approve 14-ZP-38 requesting a Special Use permit per Appendix B, Section VIII (B)(3)(nn) to allow a medical- aesthetic-wellness center/clinic at 7437 North Harlem Avenue with the use of a municipal parking lot nearby. Page 17 of 18  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS November 3, 2014 Seconded by Commissioner Dubiel with a friendly amendment of a credit for 3 parking spaces, on roll call the vote was: AYES: 6 Troiani, Nakanishi, Dubiel, Dimond, Surace, Kanelos NAYS: 0 ABSENT: 1 Schulter There being six (6) affirmative votes the motion carried. Chairman Kanelos stated 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 Vice-Chairman Dimond moved to adjourn. Seconded by Commissioner Dubiel , on roll call the vote was: AYES: 6 Dimond, Surace, Troiani, Nakanishi, Dubiel, Kanelos NAYS: 0 ABSENT: 1 Schulter There being six (6) affirmative votes the motion carried. The meeting adjourned at 8:25 p.m. Kathleen Janessa, Recording Secretary Page 18 of 18