Planning and Zoning Board

VILLAGE OF NILES 1000 Civic Center Drive Niles, IL 60714 www.vniles.com Approved Meeting Minutes Monday, June 6, 2016 7:00 PM Village Hall Planning and Zoning Board Chairman Thomas Kanelos Members Susan DeBartolo Morgan Dubiel Ted Kar abatsos Barbara Nakanishi Robert Schulter Angelo Troiani Staff Lia ison Bruce Sylvester CALL TO ORDER/ROLL CALL Planning and Zoning Board Approved Meeting Minutes June 6, 2016 _________________________________________________________________ _______ The Niles Plan Commission and Zoning Board of Appeals was called to order at 7:00 P.M. All rose for the Pledge of Allegiance. PRESENT: 7 Chairman Thomas Kanelos, Commissioners Ted Karabatsos, Susan DeBartolo, Angelo Troiani, Barbara Nakanishi, Robert Schulter, Morgan Dubiel ABSENT: 0 Also present was Director of Community Development Charles Ostman, Senior Planner Bruce Sylvester and Village Attorney Joseph Annunzio. OLD BUSINESS NEW BUSINESS 16-ZP-17 - Requesting approval of a plat of consolidation per Village Ordinance Appendix B, Section XI(C.1)(3)(i) to combine parcels for a proposed home reconstruction at 8447 Ozanam Avenue, Niles. 16-ZP-18 - Requesting approval of a 6-inch variation from Village Zoning Ordinance Appendix B, Section VII(C)(9)(a) to allow a proposed sec ond-floor add ition that will be 9-feet 6-inches from the side property line where 10-feet is required at 8225 Newcastle Avenue, Niles. 16-ZP-19 - Requesting approval of a special u se permit to allow a proposed micro-brewery and tasting room per Village Ordinance Appendix B, Section VIII(B)(3)(mm) at 9082 Golf Road, Niles. 16-ZP-20 - Requesting approval of a special use permit to allow 'outdoor storage of equipment' per Village Ordinance Appendix B, Section IX(B)(2)(c) for a proposed school bus storage/maintenance facility at 6119 Howard Street and 6100-6140 Gross Point Road , Niles. 16-ZP-21 - Requesting approval of variations from landscaping requirements as provided in Village Zoning Ordinance Appendix B, Sections XII(G)(2) and (3) to allow a proposed parking lot at 6100-6140 Gross Point Road for a proposed school bus storage/maintenance facility at 6119 Howard Street and 6100-6140 Gross Point Road, Niles. Page 2 of 24 Planning and Zoning Board Approved Meeting Minutes June 6, 2016 _________________________________________________________________ _______ 16-ZP-22 - Requesting approval of a plat of consolidation per Village Ordinance Appendix B, Section XI(C.1)(3)(i) to combine parcels located at 6119 Howard and 6100-6140 Gross Point Road, Niles for a proposed school bus storage/maintenance facility. 16-ZP-2 3 - Requesting approval of a special use p ermit as provided in Zoning Ordinance Appendix B, Section VIII(B)(3)(x) for a proposed pool hall at 9090 Golf Road, Niles. DISCUSSIONS ADJOURNMENT Chairman Kanelos called for the first item on the agenda tonight. 16-ZP-17 - Requesting approval of a plat of consolidation per Village Ordinance Appendix B, Section XI(C.1)(3)(i) to combine parcels for a proposed home reconstruction at 8447 Ozanam Avenue, Niles. Bruce Sylvester presented this case. This is for a plat of consolidation. The owners are requesting this because they are adding a second story to their home. In cases of teardown or new construction, if an existing house crosses lot lines or parcel lines, the Village requires them to do a plat of consolidation. This house actually straddles two lot lines and a plat of consolidation is required to eliminate those. The architect for the homeowner is present. He is done with his presentation. Chairman Kanelos asked if there were any questions for Staff. Commissioner Dubiel asked if, when the new zoning code is in place, is this something that can be resolved? Mr. Sylvester said yes. Chairman Kanelos then asked the petitioner to come to the microphone. Beth Debaker, architect, 1221 East Lake Ave., Glenview, IL came to the podium and was sworn in. She added as part of the permit process, Mr. Sylvester suggested she prepare the plat of consolidation and then ask the Board's approval. Page 3 of 24 Planning and Zoning Board Approved Meeting Minutes June 6, 2016 _________________________________________________________________ _______ Chairman Kanelos asked if there were any more questions from the Commissioners or from the public. There were none from either. He entertained a motion. Commissioner Dubiel moved to approve 16-ZP-17, the request of a plat of consolidation per Village Ordinance Appendix B, Section XI(C.1)(3)(i) to combine parcels for a proposed home reconstruction at 8447 Ozanam Avenue, Niles. Seconded by Commissioner Schulter, on roll call the vote was: AYES: 7 Dubiel, Karabatsos, DeBartolo, Troiani, Nakanishi, Schulter, Kanelos NAYS: 0 There being seven (7) 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. 16-ZP-18 - Requesting approval of a 6-inch variation from Village Zoning Ordinance Appendix B, Section VII(C)(9)(a) to allow a proposed s econd-floor add ition that will be 9-feet 6-inches from the side property line where 10-feet is required at 8225 Newcastle Avenue, Niles. Bruce Sylvester presented the second case of the evening. They are adding a second story addition and request a variation so they can be slightly closer to the north property line than the Village ordinance allows. In this zoning district there is a 10 ft. set back requirement. They are hoping to be 9 ft. 6 in. from the north property line in order to include all the things they want in the new addition. In the packet are their responses to the requirements that must be satisfied in order to receive a variation. The petitioners are here to explain their answers should there be any questions. Also included is the plat that provides dimensions along with floor plans and detailed information about the proposed addition. Chairman Kanelos asked if with a small variation like this, is this Board the final say? Page 4 of 24 Planning and Zoning Board Approved Meeting Minutes June 6, 2016 _________________________________________________________________ _______ Mr. Sylvester said yes. Chairman Kanelos asked if there were any questions for Staff from the Commissioners. There were none. He called the petitioners to come forward and be sworn in. Brandon and Valerie Burton, the petitioners, 8225 Newcastle Avenue, Niles, were sworn in. They had nothing to add to the presentation unless the Commissioners have questions for them. There were none. There were no questions from the public. Chairman Kanelos then entertained a motion. Commissioner DeBartolo moved to approve 16-ZP-18, the request of a 6-inch variation from Village Zoning Ordinance Appendix B, Section VII(C)(9)(a) to allow a second-floor addition that will be 9-feet 6-inches from the side property line where 10-feet is required at 8225 Newcastle Avenue, Niles Seconded by Commissioner Nakanishi, on roll call the vote was: AYES: 7 DeBartolo, Troiani, Nakanishi, Schulter, Dubiel, Karabatsos, Kanelos NAYS: 0 There being seven (7) affirmative votes the motion carried. Chairman Kanelos stated this Board has the final say on this case and called for the next case. 16-ZP-19 - Requesting approval of a special u se permit to allow a proposed micro-brewery and tasting room per Village Ordinance Appendix B, Section VIII(B)(3)(mm) at 9082 Golf Road, Niles. Bruce Sylvester said the petitioner is here tonight proposing an exciting new business to the community. This would be a micro-brewery and tasting room at Golf Glen Shopping Center. This requires a special use permit. He provided his responses to the questions for how his request meets the Village requirements. It is included in the packets as is a description and floor plan of the business. All necessary notifications have been satisfied. Chairman Kanelos asked if there were any questions from the Commissioners for Staff. There were none. He asked the petitioner to step forward. Page 5 of 24 Planning and Zoning Board Approved Meeting Minutes June 6, 2016 _________________________________________________________________ _______ Gerald Nelson, 6632 N. Ponchartrain, Chicago, IL 60646, came to the podium and was sworn in. He had nothing to add to the presentation but did say he was excited to be in Niles. Chairman Kanelos asked if there were any questions for the petitioner from the Commissioners. There were none. There were no questions from the public. He then entertained a motion. Commissioner Dubiel moved to approve 16-ZP-19, a request of a special use permit to allow a proposed micro-brewery and tasting room at 9082 Golf Road, Niles. Seconded by Commissioner Troiani, on roll call the vote was: AYES: 7 Dubiel, Karabatsos, DeBartolo, Troiani, Nakanishi, Schulter, Kanelos NAYS: 0 There being seven (7) 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 next items on the agenda. 16-ZP-20 - Requesting approval of a special use permit to allow 'outdoor storage of equipment' per Village Ordinance Appendix B, Section IX(B)(2)(c) for a proposed school bus storage/maintenance facility at 6119 Howard Street and 6100-6140 Gross Point Road, Niles. 16-ZP-21 - Requesting approval of variations from landscaping requirements as provided in Village Zoning Ordinance Appendix B, Sections XII(G)(2) and (3) to allow a proposed parking lot at 6100-6140 Gross Point Road for a proposed school bus storage/maintenance facility at 6119 Howard Street and 6100-6140 Gross Point Road, Niles. 16-ZP-22 - Requesting approval of a plat of consolidation per Village Ordinance Appendix B, Section XI(C.1)(3)(i) to combine parcels located at 6119 Howard and 6100-6140 Gross Page 6 of 24 Planning and Zoning Board Approved Meeting Minutes June 6, 2016 _________________________________________________________________ _______ Point Road, Niles for a proposed school bus storage/maintenance facility. Bruce Sylvester stated the three cases, 16-ZP-20, 16-ZP-21 and 16-ZP-22 are all related. This area is west of Lehigh, north of Gross Point Road and south of Howard Street. There is an aerial view on the overhead screen. It is an L shaped property. This property is zoned M for manufacturing. District 219 plans to use this property for outdoor school bus storage and indoor maintenance as well as school bus driver parking. Bus parking would be on the western portion of the site; employee parking would be on the eastern portion. One building would be removed. Then the remaining building on Howard would be converted to a maintenance facility. To accommodate bus traffic on this site, District 219 plans to demolish the eastern portion of the building at 6119 Howard to allow buses to circulate through the site between Gross Point and Howard. The proposal requires three approvals from the Village. 1) it requires a special use permit for storage; 2) in order to accommodate the buses, District 219 is not able to provide the required landscaping (that is a separate discussion and a separate vote); 3) this is a large development and the Village requires the lot lines need to be cleaned up so a plat of consolidation will clean up the entire area. For the first item, Staff has reviewed and aside from the variation request it meets the Village's zoning requirements. The Village did require District 219 to do a traffic study because of the nature of the use of this property during school days. The buses will leave the site, circulate through the community, deliver students to school and then return to the site. The consultants who prepared the traffic study are here as is Tom Powers, the Village's engineering representative. The one issue Staff has is the concern about traffic. There is also a representative from KLOA. Commissioner Dubiel asked what are the requirements under the special use zoning code regarding findings of fact. Attorney Annunzio said the three requirements are 1) is the special use necessary for the public convenience at the proposed location; 2) is the special use designed, located and proposed to be operated so that the public health, safety and welfare will be protected; and 3) will the special use cause substantial injury to the value of other property in the neighborhood in which it is proposed to be located. There should be testimony offered to show these three criteria are being met. Chairman Kanelos asked all those who will speak to come to the podium. The following were sworn in at one time since they are all going to offer testimony: Eric Trimberger, Assistant Superintendent for Business, District 219, 7700 Gross Point Road, Skokie, IL 60077 Page 7 of 24 Planning and Zoning Board Approved Meeting Minutes June 6, 2016 _________________________________________________________________ _______ Tom Rychlik, Gewalt Hamilton Associates, 625 Forest Edge Dr., Vernon Hills, IL 60061 Tim Doron, Senior Traffic Consultant, Sam Schwartz Engineering, 505 N. LaSalle St., Chicago, IL 60654 Craig Most, 3D Design Studio, LLC, 529 Barron Blvd., Grayslake, IL 60030 Mr. Trimberger began. District 219 has an obligation to provide free transportation for the students living 1-1/2 miles or further away from the school. It must also be provided to students who live where IDOT considers it a safety hazard. The terminal being proposed will serve 4,700 students every day from Districts 219, 70, 71 and 74. There are currently 64 routes run among those four school districts. Collectively they spend about $3 million per year on transportation. They have shared services with some of the elementary schools. Niles Township has had a contract for several years that had about 100 buses under that umbrella contract. The services have been up and down but the last school year it was unacceptable. Before this, he never had to fine a bus company for contract violation. He had fined the current provider $35,000 through February. Service at the start of the school year was so bad, his office engaged the school board to approve looking into a terminal to attract other providers to Niles Township to provide bus service. In February 2015 they went out to bid and only received one bid from a new provider but with a 48% increase in cost. It was not a condition they could absorb. A new company coming in would have to acquire land, build a terminal, and buy buses. There was also a driver shortage. So this large contract was split into three separate contracts. Districts 69 and 73 went on their own contracts. District 219 Special Education went on their own contract. The remaining contract talked about tonight services Districts 219, 70, 71 and 74. They looked at six different sites in Niles Township. Under Illinois law they have to acquire a site within two miles of the boundaries of the school district. In March of 2015 the Village of Niles did identify a possible area and this site was purchased in September of 2015. Since then they have been working with Village staff to coordinate all the information necessary for this meeting with your approval. Tonight we are asking the Commission to consider this special use permit to use this site as a school bus terminal; approval for a variance for parking within building setbacks; approval for a variance for landscape consolidation; and approval of the plat of consolidation. In working with the Village staff, District 219 agreed to pay $10,000 for an independent traffic study to be conducted one year after the terminal is in use. District 219 also agreed to escrow $100,000 for any improvements this study deems necessary. Commissioner Schulter asked if in the traffic study, do they know how many buses will be going eastbound? Page 8 of 24 Planning and Zoning Board Approved Meeting Minutes June 6, 2016 _________________________________________________________________ _______ Mr. Trimberger said 14 buses (out of 64 buses) will be going eastbound at Howard and Lehigh. They will leave in the morning and go back at the end of the day. The District has the ability to use administrative controls as to how these buses are routed in an attempt to minimize the traffic at Howard and Lehigh. Commissioner Dubiel said they have a report from the Village's Engineering Department that says 80% of the buses will be travelling eastbound. That would be nearly 50 buses (80% of 64). That's a huge difference in traffic. Mr. Trimberger said they have administrative control as to how the buses are directed out of the terminal. They have worked with the bus company in how to minimize the number of buses crossing Lehigh and Howard. Commissioner Dubiel said so this is narrowed down to 14 buses at Howard. What about Touhy, Oakton, Lincoln and Dempster. Mr. Trimberger said there would be 1 bus crossing Beckwith and Lehigh, 4 buses at Dempster and Lehigh, 8 buses at Devon and Lehigh, 14 buses at Howard and Lehigh, 1 bus at Lincoln and Lehigh, 8 buses will not need to cross railroad tracks and 6 buses will cross at Oakton and Lehigh. Commissioner Dubiel asked the length of the bus. Mr. Trimberger said about 45 ft. Commissioner Dubiel had a question for Staff. This property was identified by the Village of Niles. Is the Village giving a guarantee to the petitioner this would be approved? Mr. Ostman said no. There were some early discussions the Village would support the school district to pursue that site. Chairman Kanelos asked if it was clear the District would have to come before this Board. Mr. Ostman said yes. Chairman Kanelos asked where are the buses stored now. Mr. Trimberger said they are stored at Niles West High School. They received a temporary permit from the Village of Skokie to store the buses at the high school for the 2015/2016 school year. Skokie defines the buses as storage because of the way they are parked - end to end. Commissioner Nakanishi said on the distribution map at the bottom, one of the routes says "none. What does that mean? Page 9 of 24 Planning and Zoning Board Approved Meeting Minutes June 6, 2016 _________________________________________________________________ _______ Mr. Trimberger said that means they don't have to cross the railroad tracks for that particular route. He said the way this site is designed the buses will be backed in, not parked end to end. They don't have the room to park the buses single file because the area isn't big enough. There are currently 75 buses parked there. 55 belong to District 219. The other 20 are for routes that do not pair with District 219. Chairman Kanelos said therefore you do have the room to store them. You just can't line them up the way Skokie wants them stored. Mr. Trimberger said that is correct. Commissioner Schulter asked if the District owns the school buses. Mr. Trimberger said District 219 purchased 55 school buses. Chairman Kanelos said then your District only needs 55 spots. Mr. Trimberger said yes but 75 buses are serviced by the District's transportation provider. Chairman Kanelos said then switching the request to 55 buses is not something you are able to do. We don't know if Niles' Engineering Department or our Consultant would recommend that would solve the problem. Is that a possibility? Mr. Trimberger said not for the 2016/2017 coming school year because three of the districts would have to go out on their own and seek their own contracts. With three months before school starts, there isn't time to do that. Commissioner Dubiel said he indicated they put $100,000 aside for roadway improvements. Are these public roadways? Of the public roadways how many belong to District 219? Mr. Trimberger said yes. To his knowledge District 219 does not control any public roadways. Tom Powers, Village Engineer, said that money is identified for use on Howard Street (a Village street) which has a mountable median at the moment that could be converted into a left turn lane to access the site. Touhy is a state route, Oakton is a state route, Lehigh is a state route. Chairman Kanelos said if this special use were granted and wasn't working out well, can it be rescinded? Mr. Annunzio said no, you allowed the special use because it met the criteria. Page 10 of 24 Planning and Zoning Board Approved Meeting Minutes June 6, 2016 _________________________________________________________________ _______ You can't say six months from now it didn't meet the criteria. Tom Rychlik presented some information on the overhead. He described the plat of consolidation. Tim Doron said he has worked with the Village of Niles for many years and is familiar with the roadway system. The key issue is traffic crossing the railroad tracks. Notwithstanding the site location, somehow the students have to get serviced. Many of them live east of the railroad tracks. About 75% of the buses will be disbursed and that will be an operational control. The operation can be controlled and adjusted. It can be monitored daily, weekly, monthly. They promise to come back (with that $10,000 escrow money) for a full blown traffic study in a year to see if things are working correctly or not. It is so important to understand they control the operation. It can be adjusted and buses can be pushed not only across the Howard Street intersection but down to Touhy, up to Oakton, up to Lincoln. On the overhead view he emphasized the site is between Gross Point and Howard. He pointed to Lehigh as well. It is traffic signal controlled. The railroad tracks are next to Lehigh. Whether it's Glenview or Taft High School, they cross railroad tracks every day. Same in Edgebrook. Lehigh Avenue parallels the tracks all the way north and south. The stoplight is a 110 second cycle. There are left turn lanes on all four corners. Howard Street has four lanes. Lehigh has two lanes. Buses and employees can access the site. We have worked very hard with Mr. Powers and Mr. Sylvester over the past fifteen months and made three different changes to the traffic study in response to a very conservative analysis. I stood before you a few months ago regarding Dunkin' Donuts with peak hours on the street and how many trips Dunkin' Donuts will receive during those peak hours. Not so with this site. We went to the site, took out the peak fifteen minutes the buses will be leaving that site, multiplied by four (which isn't going to happen) and put them in this traffic model. There has been a lot of effort put into that. Kelly Connolly, a professional engineer, is with us tonight and she did all the modeling very conservatively. Regarding the site, there are two driveways on Gross Point Road and two driveways on Howard Street. He was showing on the overhead where the buses will move and where the employees will move. There will be eighty-five employees on site by 7:00 in the morning before the actual rush hour. The buses will be out the door by 7:30 in advance of the 7:45 start of the rush hour. It doesn't mean there is no traffic on the street. But when the buses get onto the street it is before the peak rush hour. There are fifty-four buses leaving in the morning. Administratively this can be controlled so they don't pile up on Howard Street. Some will turn left over the mountable median to go left; some will go left or right on Lehigh. Commissioner Dubiel verified there are eighty-five employees that arrive by 7:00. The buses are out at 7:45. Page 11 of 24 Planning and Zoning Board Approved Meeting Minutes June 6, 2016 _________________________________________________________________ _______ Mr. Doron said in thirty minutes, fifty-four buses are going to come out so that's about two buses per minute. About fifteen buses will go west. 75% of the buses will make a right turn and go east. Some will turn left on Lehigh and go to Oakton or Lincoln to cross the tracks. Some will turn right on Lehigh and go to Touhy to cross the tracks. Chairman Kanelos asked where are the other thirty buses. And are the fifty-four buses all Niles West buses? Mr. Doron said they are for future use and Mr. Trimberger can explain that better. Mr. Trimberger said they are mixed from all the districts. In the afternoon they have an additional eleven routes that run for District 70 and are now going to pair up with Niles North High School. There are also some spare buses and a few under maintenance. One contractor runs all the buses. The District has administrative controls with the contractor. Chairman Kanelos asked if the Village has any control over when the buses leave. Mr. Ostman said you probably can if there is a condition placed on the special use. Commissioner Dubiel is speaking but it is difficult to hear him. Now he is back to the length of the buses. Mr. Doron said a car is about twelve feet but when in traffic they are not that close together. There is probably a three to five foot spread between the cars. Commissioner Schulter asked how many buses will be parked there on the weekends. In the winter, where is the snow going? Mr. Doron said initially there will be fifty-five to sixty buses with some spares but with the ability to expand to eighty-five. There are eight-four parking spots. As far as snow, 10% will have to be moved off site or somewhere else on site where it is not in the line of traffic. Mr. Rychlik said the large rock swales that are on the outer perimeter and center ….. They can accommodate up to a 6" snowfall before it has to be hauled off site. Commissioner Karabatsos said the traffic study says there is a one hundred ten second stoplight. When a train comes, what does that change to. And there is all this bus traffic when the gates are going up and down during that peak hour when the buses are pulling out. Page 12 of 24 Planning and Zoning Board Approved Meeting Minutes June 6, 2016 _________________________________________________________________ _______ Mr. Doron said during those peak hours there are seven to eight trains an hour. Average time for the gates to be down is thirty-five seconds. At that point the light recycles. He also said there are trucks backing in and out of driveways along those streets and blocking traffic. He said the ICC controls that and they are very sticky about clearing the tracks as a safety issue. There was more discussion about the traffic when the gates go down. Commissioner Dubiel went over the same point as Commissioner Karabatsos. He also wanted to know if the other businesses in the area have been informed about this proposal. Mr. Sylvester said they did do the proper notifications within 250 ft. of the property in question. Commissioner Schulter asked why the buses going east couldn't leave earlier. Mr. Doron said that is a good point. It could be a condition of the request. He then spoke of the site circulation. Commissioner Karabatsos asked if Skokie has a problem with how many buses are on site. Those fourteen buses going east could be kept at the school where t hey are now and leave from Niles West. The rest of the buses can be at the new site and leave from there to go north or south. Mr. Trimberger said the school buses have a GPS tracking system. There is an app the students can track the buses when they are approaching their stop so they aren't standing outside for long periods of time anymore. Commissioner Dubiel said there have been other studies by Gewalt Hamilton. Can you name a recent one? Mr. Sylvester said FedEx. They are operational but he doesn't know how that is working out. Costco was named as an example. However they did their own traffic study. Mr. Doron went over what time the buses are leaving, going east, north and west. And if there is any growth, you can write into the condition that any change, say an additional 10%, there would have to be another traffic study. Chairman Kanelos asked if something like that can be enforced with a condition. If this is passed, can there be a way to protect things from …. Page 13 of 24 Planning and Zoning Board Approved Meeting Minutes June 6, 2016 _________________________________________________________________ _______ Mr. Annunzio said you're better off saying there can't be more than eighty-five buses or something like that. The site has to be analyzed as the worst case scenario. Mr. Doron said the tables in the report did contemplate eighty-five buses. Another chart in there about disbursement is based on fifty-four buses. Commissioner Nakanishi reminded everyone of what happened at Costco. And on her way to tonight's meeting there were two FedEx trucks at the intersection of Oakton and Caldwell. Commissioner Dubiel questioned the number of buses again. He had more questions about the number of students from Niles West and the other districts that would be serviced by this terminal. Mr. Trimberger answered his questions. There are forty-seven hundred students in all four school districts. That is the high school and the three elementary schools. Once again he is explaining where these buses will be crossing the tracks. Commissioner Dubiel is trying to get the math right and is going over all the numbers again. Mr. Doron and Mr. Trimberger explained that the buses only cross the tracks one time. There run different routes once they are on the road. They pick up and drop off the high school students. Then they run another route and pick up the elementary students. Mr. Doron was still presenting when Commissioner Schulter asked if someone was going to be stopping traffic when the buses start out in the morning. Surely they aren't all going to be able to pull out at the same time. Mr. Doron said no. But if that came to be there could be a traffic control officer. Once again Commissioner Dubiel went over the times from employee arrival to bus pullout. Mr. Doron concluded by saying this was a very conservative analysis. Commissioner Dubiel asked Mr. Rychlik about meeting the findings of fact. The first is if this is necessary for the public convenience at the proposed location. He is concerned about the traffic issues. He feels this is for the convenience of the school district and not the general public. Mr. Rychlik said he could not answer that. Page 14 of 24 Planning and Zoning Board Approved Meeting Minutes June 6, 2016 _________________________________________________________________ _______ Commissioner Troiani is concerned about the railroad tracks. He had a friend who was in a bus that got into an accident with a train in Arlington Heights. The bus couldn't get across the tracks in time to get to the other side. [inaudible] Chairman Kanelos is still looking at this and the worst case scenario would be eighty buses there. He is going over the number of buses once again. Now it turns out there are seventy-five buses. Mr. Trimberger said there is always a 10% factor for buses that are spares or down for maintenance. At this time they see no growth on the site. Right now the District owns fifty-five buses plus twenty are owned by the contract provider. Commissioner Schulter asked why some of the buses couldn't exit on Gross Point and go west. Or they could go south on Lehigh to cross at Touhy. Mr. Rychlik said the operation is smoother going onto Howard. Commissioner Karabatsos asked how they do the traffic count. Mr. Doron said with a camera. There was much more discussion about the number buses exiting onto Howard and the timing of the trains and traffic. Chairman Kanelos said Skokie has made a situation so that Niles has to deal with it now. He called the next person to give testimony. Luay Aboona from KLOA, Inc., a traffic consulting firm at 9975 W. Higgins Rd., Rosemont, IL 60018 came forward and was sworn in. He has listened to this discussion for the last hour and a half and understands the concerns being raised. His firm was hired by the Village to go over the traffic studies provided. This biggest concern is the railroad crossing. No matter which way the buses are routed they are going to cross the train tracks. The study he reviewed showed 50% of the buses crossing at Howard. That would be thirty buses. The Sam Schwartz report showed counting data from the existing facility where the buses are currently stored. It shows about sixty-five buses coming out in the morning and afternoon. So if 50% cross at Howard that brings the number to thirty. In that case, fifteen will have to cross somewhere else. Regardless the problems will be the same. They leave in the morning and come back. Then they leave in the afternoon and come back. That is over two hundred bus crossings. It is going to cause congestion problems wherever they cross. Our study focused on Howard and Lehigh. In his opinion this facility is on the wrong side of the tracks. Page 15 of 24 Planning and Zoning Board Approved Meeting Minutes June 6, 2016 _________________________________________________________________ _______ Most of the schools are east of the tracks. The egress onto Howard to turn right is easier than those going west. But the bus will still have to wait for gaps to get out. Commissioner Schulter asked if the school buses now at the high school all disburse out of one exit. Mr. Aboona does not know the answer to that. Commissioner Dubiel asked what he meant about the traffic being unbalanced at the location. Mr. Aboona said it is math thing. One of the SSE models studies traffic flows. This second bullet point relates to the data collection and counts. He believes this study was in the morning. There was more discussion about balancing. There was discussion about the intersection of Howard and Menard. It works together with the Howard and Lehigh crossing. Mr. Aboona said his firm did the traffic study for that intersection. That intersection has been upgraded recently. Then he explained how SSE took the count for the intersection of Howard and Lehigh at the peak hour. He gave his opinion on that model. The flow is constant at a high level and ignoring the surges. Commissioner DeBartolo asked if anyone did a study on how many Pace buses are going up and down Touhy. Mr. Aboona said no. Chairman Kanelos asked if he heard anything tonight about timing and maybe they could come up with something if it was studied more to see a better pattern that might not create a problem. Mr. Aboona said he doesn't know how much stretching the time period would help. It may help the situation . But he will hold judgment until he sees how that will occur. Chairman Kanelos asked if his testimony from his report isn't only an issue of effectiveness but also one of safety. Mr. Aboona said yes. It all goes back to the railroad crossing. Page 16 of 24 Planning and Zoning Board Approved Meeting Minutes June 6, 2016 _________________________________________________________________ _______ Commissioner Schulter asked again about storing fourteen buses at Niles West High School. If this doesn't get approved, what is the school district going to do? Mr. Trimberger said they have a temporary permit until 12/31/16 to use Niles West High School. They can approach Skokie to ask for a new permit. There is no plan B at this time. Chairman Kanelos is now going back to the actual number of buses that currently leave Niles West every day. And when they come back, do the drivers have to take certain routes to get back to Niles West? Mr. Trimberger said fifty-four in the morning and sixty-five in the afternoon. He said they have control over which routes the drivers take back. They are employees of the bus contractor but per the contract Niles West has operational controls. Chairman Kanelos asked if there are ramifications if the drivers take a different route back to the terminal. Mr. Trimberger said he can't say. There are clauses in the contract but he's not sure if there is a specific route the drivers take. He doesn't have the contract in front of him. Commissioner Karabatsos asked Tom Powers if Gross Point Road is a county road. Mr. Powers answered that at this location Gross Point is a Niles road. Further on near Natchez it becomes a state road. Commissioner Nakanishi said the storage is obviously working at Niles West. What is the reason Skokie won't let it stay that way. And if this doesn't pass tonight you will be forced to go back to Skokie. Is there a possibility there will be no bus service? Mr. Trimberger said they were informed by the Village of Skokie because the buses are parked end to end they consider that storage. And no provision in their ordinance allows for storage. One attorney also spoke but did not have to be sworn in: Ares Dalianis, attorney for District 219, Franczek Radelet P.C., 300 S. Wacker Dr., Suite 3400, Chicago, IL 60606. Mr. Dalianis said Skokie could decline the request for the buses to be parked at Niles West end to end. If no community is willing to facilitate this request, Page 17 of 24 Planning and Zoning Board Approved Meeting Minutes June 6, 2016 _________________________________________________________________ _______ then the school is in a difficult situation. It serves Niles, Skokie, Lincolnwood, Morton Grove and perhaps part of Evanston. This creates a difficult situation. This site was identified as a potential one, understood from Mr. Kanelos no guarantees when the District stepped in to get it. His understanding was there were some assurances this could work. What he's hearing tonight is this great reluctance from the Commissioners as to whether or not this could work. Commissioner Schulter stated it's a safety concern. Mr. Dalianis asked what do you do when a local government, in this case township high school District 219, and no community wants to facilitate a mandated governmental requirement which is transportation of all students living at least a mile and a half from their school or within that district if there is an identified safety hazard from IDOT. What is a school district to do if it has a mandated requirement and no community is willing to facilitate that. It's got to go somewhere. Chairman Kanelos asked if the school has investigated if the buses weren't parked end to end but parked in a more traditional way, would Skokie not consider them storage and is that a possibility? Mr. Dalianis said he is not aware if that has been looked at. Mr. Trimberger said there is not enough space to park them in a traditional way. Commissioner Dubiel asked if Mr. Dalianis is familiar with this zoning law in Skokie. Mr. Dalianis said he is familiar with the M district but not as familiar as he [Commissioner Dubiel] is. Commissioner Dubiel said he is not at all familiar with Skokie's zoning laws. He finds it difficult to believe that a school district with an enormous budget and a successful attorney, would not have a plan B in place. Skokie obviously has a problem. Chairman Kanelos said that doesn't concern us. There was more discussion about the site and traffic flow. Commissioner Karabatsos asked if a traffic study could be done to see about rerouting the buses out of Gross Point Rd. to Melvina then out to the route. Chairman Kanelos asked Mr. Powers if Engineering still has the same concerns. Page 18 of 24 Planning and Zoning Board Approved Meeting Minutes June 6, 2016 _________________________________________________________________ _______ Mr. Powers said yes, with the number of buses heading east. It is just spreading the problem outward. Mr. Doron said if the site is flipped and everything moves opposite, what happens is the buses that want to go north can't go down Gross Point Road because they cannot make a left turn onto Lehigh from Gross Point. But that's another issue. There are a lot of issues that were discussed over the past fifteen months with the Staff. And kudos to the Staff. Chairman Kanelos said they have a situation where Niles Staff is concerned and against the project; the consultant hired by the Village has concerns; they have a mess. Commissioner Schulter asked when the property was purchased. And this was purchased before any studies were done? Mr. Trimberger said September 10, 2015. Chairman Kanelos said this is irrelevant for our questions. He asked if there were any other questions. He then asked Mr. Powers if there is value in tabling this and spend another month working on finding another method. Right now we have no idea when the buses are coming back in the afternoon and that's a larger number of buses. Do you think it is worth it from a safety and traffic point of view? Mr. Powers answered said when the traffic study got to a point when they were looking at staggering buses, it became more complicated than his competence level as a traffic engineer. That is why KLOA was hired. KLOA identified the safety issues with the train tracks. Niles Engineering said there is no point to continue studying this - it's a safety issue and they do not support it. Commissioner Schulter said what if they were to approve this based on fourteen buses not crossing the tracks. Would you take this back to the Village of Skokie and say the Village of Niles did you a big favor but they have safety concerns. Mr. Trimberger said he could approach Skokie for a special use permit to park fourteen buses at Niles West. There is a 2.2 acre asphalt lot at Niles West that was used for driver education. Seventy-five buses are currently parked there. Regardless where the buses are parked, they still need a maintenance facility. Commissioner Schulter asked if the school has plans for that area that was the drivers ed facility. Page 19 of 24 Planning and Zoning Board Approved Meeting Minutes June 6, 2016 _________________________________________________________________ _______ Mr. Trimberger said not at this time. Mr. Rychlik said the newly purchased total site is three acres, multiple parcels. The bus area itself is just short of two acres. There is more discussion about the routing of the buses. Chairman Kanelos asked Mr. Aboona if moving fourteen buses to Niles West would help with his concerns. Mr. Aboona said it would help but he's not sure it resolves it. His recommendation would be to maximize the amount of buses that can be kept at the high school. It helps Howard but what about the other crossings. There was more discussion about the number of buses being parked, all of which is repetitious. Chairman Kanelos said if they table this tonight, District 219 can get an answer from Skokie and come back here. It's better than a refusal. Mr. Trimberger said the District still needs a maintenance facility. Chairman Kanelos said that is less of a problem. There are too many "ifs". He would rather table it. Mr. Trimberger said the District requests that you table it. Commissioner Dubiel moved to table 16-ZP-20 - Requesting approval of a special use permit to allow 'outdoor storage of equipment' per Village Ordinance Appendix B, Section IX(B)(2)(c) for a proposed school bus storage/maintenance facility at 6119 Howard Street and 6100-6140 Gross Point Road, Niles. Seconded by Commissioner Nakanishi, on roll call the vote was: AYES: 7 Dubiel, Karabatsos, DeBartolo, Troiani, Nakanishi, Schulter, Kanelos NAYS: 0 There being seven (7) affirmative votes the motion carried. Commissioner Dubiel moved to table 16-ZP-21 - Requesting approval of variations from landscaping requirements as provided in Village Zoning Ordinance Appendix B, Sections XII(G)(2) and (3) to allow a proposed parking lot at 6100-6140 Gross Point Road for a proposed school bus storage/ Page 20 of 24 Planning and Zoning Board Approved Meeting Minutes June 6, 2016 _________________________________________________________________ _______ maintenance facility at 6119 Howard Street and 6100-6140 Gross Point Road, Niles. Seconded by Commissioner Nakanishi, on roll call the vote was: AYES: 7 Dubiel, Karabatsos, DeBartolo, Troiani, Nakanishi, Schulter, Kanelos NAYS: 0 There being seven (7) affirmative votes the motion carried. Commissioner Dubiel moved to table 16-ZP-22 - Requesting approval of a plat of consolidation per Village Ordinance Appendix B, Section XI(C.1)(3)(i) to combine parcels located at 6119 Howard and 6100-6140 Gross Point Road, Niles for a proposed school bus storage/maintenance facility. Seconded by Commissioner Nakanishi, on roll call the vote was: AYES: 7 Dubiel, Karabatsos, DeBartolo, Troiani, Nakanishi, Schulter, Kanelos NAYS: 0 There being seven (7) affirmative votes the motion carried. Chairman Kanelos called for the final item on tonight's agenda. 16-ZP-2 3 - Requesting approval of a special use p ermit as provided in Zoning Ordinance Appendix B, Section VIII(B)(3)(x) for a proposed pool hall at 9090 Golf Road, Niles. Mr. Sylvester presented the final case. It is a request for a special use permit for a proposed billiard hall at 9090 Golf Road. In the packet is an aerial photo of the location. It is in the western central portion of the Golf Glen Mall. There was a previous proposal tonight at the same shopping center for a micro-brewery. The applicant is here tonight. Staff took care of all notifications and looked at the parking requirements. They were met. There is also a floor plan included in the packet. Chairman Kanelos asked if the condo buildings behind this location were notified. Mr. Sylvester said yes. Chairman Kanelos asked if there were any questions for Staff. There were none. He called for the petitioner to approach the podium. Chalin Choi, 4602 Main St., Lisle, IL came forward and was sworn in. She had nothing to add to the presentation. Page 21 of 24 Planning and Zoning Board Approved Meeting Minutes June 6, 2016 _________________________________________________________________ _______ Chairman Kanelos asked if she would be serving alcohol. Ms. Choi stated no. Chairman Kanelos said he recalled there was a billiard hall in the same location a few years ago. He is surprised no one is present from the condo building behind this location. Patrons from the pool hall used to go out the back door and smoke, drink and make a lot of noise disturbing the people who live in the condos. Mr. Sylvester said in the packet is a suggestion from Staff there could be a condition for approval specifically to address that issue. Commissioner DeBartolo asked if there will be an age restriction for entering the pool hall. Ms. Choi said 18 would be the restriction. Commissioner DeBartolo said that is not a state law. She also asked if smoking would be allowed outside the building. Ms. Choi said not in back; only in front. Chairman Kanelos said if this is approved Ms. Choi needs to understand nobody can use the back door except staff or in case of an emergency. He asked if there were other questions from the Commissioners or the public. There were none. He entertained a motion. Commissioner Dubiel moved to approve 16-ZP-23 requesting a special use permit for a proposed pool hall at 9090 Golf Road, Niles with the following condition: the rear doors may be used only for emergency access and by employees. Seconded by Commissioner Karabatsos, on roll call the vote was: AYES: 7 Dubiel, Karabatsos, Troiani, Nakanishi, Schulter, Kanelos NAYS: 0 There being seven (7) 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 Page 22 of 24 Planning and Zoning Board Approved Meeting Minutes June 6, 2016 _________________________________________________________________ _______ 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. DISCUSSIONS Chairman Kanelos announced the retirement of Village Attorney Joseph Annunzio. He congratulated him for a job well done and said he will be missed. This Board wishes him well and hopes he has a long and happy retirement. Thanks for all the help over the years. ADJOURNMENT Chairman Kanelos made a motion to adjourn. Commissioner Dubiel moved to adjourn . Seconded by Commissioner DeBartolo, on roll call the vote was: AYES: 7 Dubiel, Karabatsos, DeBartolo, Troiani, Nakanishi, Schulter, Kanelos NAYS: 0 There being seven (7) affirmative votes the motion carried. The meeting adjourned at 9:20 p.m. The following petitioners request notification before the next Village Board of Trustees meeting so they can attend: Case 16-ZP-19 Gerald Nelson - 773.419.4611 6632 N. Ponchartrain Chicago, IL 60646 Case 16-ZP-23 Chalin Choi - 630.415.8938 4602 Main St. Lisle, IL Page 23 of 24 Planning and Zoning Board Approved Meeting Minutes June 6, 2016 _________________________________________________________________ _______ Kathleen Janessa, Recording Secretary Page 24 of 24