Planning and Zoning Board

VILLAGE OF NILES 1000 Civic Center Drive Niles, IL 60714 www.vniles.com Approved Meeting Minutes Wednesday, January 11, 2017 7:00 PM Village Hall Planning and Zoning Board Chairman Thomas Kanelos Members Susan DeBartolo Morgan Dubiel Ted Karabatsos Barbara Nakanishi Thomas Parala Robert Schulter Angelo Troiani, Emeritus Staff Liaison Bruce Sylvester Planning and Zoning Board Approved Meeting Minutes January 11, 2017 ________________________________________________________________________ CALL TO ORDER/ROLL CALL The Niles Planning and Zoning Board was called to order at 7:01 P.M. All rose for the Pledge of Allegiance. Commissioner Emeritus Angelo Troiani called the rol: PRESENT: 7 Chairman Thomas Kanelos, Robert Schulter, Susan DeBartolo, Ted Karabatsos, Barbara Nakanishi, Thomas Parala and Morgan Dubiel. Also present was Director of Community Development Charles Ostman, Village Attorney Danielle Grcic, Senior Planner Bruce Sylvester, and Commissioner Emeritus Angelo Troiani. APPROVAL OF MINUTES Chairman Kanelos asked if there were any additions, clarifications or corrections to the minutes of November 7, 2016. There were none. Commissioner Nakanishi moved to approve the minutes of November 7, 2016. Seconded by Commissioner Dubiel, on roll call the vote was: AYES: 7 Nakanishi, Kanelos, Parala, Karabatsos, Dubiel, DeBartolo, Schulter. NAYS: 0 There being seven (7) affirmative votes the motion carried. OLD BUSINESS Chairman Kanelos brought up old business regarding the 3 zoning petitions from School District 219, stating that he hopes those 3 petitions will be heard next month and asking Village Attorney Grcic to brief the Board. Village Attorney Grcic said since our last meeting she had been in communication with the new attorney for the school district and an idea they developed was to enter into an intergovermental agreement and incorporate the traffic management plan points into that agreement. The intergovermnental agreement will provide a clear picture of what the traffic management plan will be and will also provide a process for changing the Page 2 of 13 Planning and Zoning Board Approved Meeting Minutes January 11, 2017 ________________________________________________________________________ plan and a process for how to resolve any issues or problems if they arise or if either party violates the provisions of the plan. If the plan includes fifty (50) buses and they put in fifty one (51) buses there is a process for the Village to notify the school district that we know that they are in violation by that extra bus, and provides a process for addressing that violation. Village Attorney Grcic explained that the idea started with the Traffic Management Plan and how it was set up. During previous discussions at earlier Planning and Zoning Board meetings, there were many open ended questions and most of them had to do with what the Village could do in the event that a problem arose or if the school district violated the terms of the traffic management plan. Ms. Grcic explained that that is why the attorney’s tried to incorporate a process to address disputes or concerns into this intergovernmental agreement. Ms. Grcic explained that the intergovernmental agreement is basically a contract between the two bodies that says what the plan is for managing bus traffic to and from the site, as well as what the remedy is if the management plan is not followed. Ms. Grcic explained that the attornies are almost finalized the documents and only a few points remain outstanding that they could not agree to. Commissioner Dubiel said under the same issue that he’d requested some evidence several months ago and that in response to that request he and the other Board members had been sent some documents that did not really say anything. Mr. Dubiel stated that he would be resubmitting his request in hopes that the school district gets that clarification. Mr. Dubiel stated that the Board had received a lot of evidence, some of which was contradictory and not clear. Mr. Dubiel stated that he hopes the documents he has requested will provide clarification. Chairman Kanelos asked Ms. Grcic to please resend those email requests to school district 219 because the district has a new attorney who probably was not involved yet at that time. Chairman Kanelos stated that he is sure that Village staff have copies of those requests and asked Director Ostman to please make sure Ms. Grcic has copies of those requests for information so she can again request that information from the new attorney at disctrict 219. Chairman Kanelos asked that copies of whatever information is provided by district 219 be provided to Commissioner Dubiel and to all of the members of the Planning and Zoning Board. Commisioner Dubiel said that this is important to help clear things up. Page 3 of 13 Planning and Zoning Board Approved Meeting Minutes January 11, 2017 ________________________________________________________________________ Chairman Kanelos asked Attorney Grcic if she would want to pass out the draft intergovernmental agreement. Attorney Grcic said she would rather wait because it is a draft at the moment, not a final document. Chairman Kanelos said OK, but requested that he would like to have the Commissioners to receive the final version of intergovernmental agreement a minimum of a week before the 3 school district zoning petitions are scheduled on an agenda of the Planning and Zoning Board, to give Board members adequate time to review the document. He also asked if the final version could be sent together with the original draft so they can compare the original draft with the finalized version. Chairman Kanelos stated that it is not easy to go back and forth between the two documents, but if Board members read both documents they will be able to see whether or not the intent of the original document was kept in the final version that Attorney Grcic wrote. Is that acceptable? Attorney Grcic said yes that is acceptable. Ms. Grcic explained that she and the other attorney took the original Traffic Management Plan and tried to insert most of the points into the Intergovernmental Agreement and then went back and forth with many revisions after that. She stated that she can the original traffic management plan along with the final version of the intergovernmental agreement. Chairman Kanelos said it is not necessary to send all the drafts, just what originally had been drafted in the traffic management plan and the final version of the intergovernmental agreement. Commissioner Dubiel said he was not sure if the Planning and Zoning Board should have a vote on the intergovernmental agreement, or if that would only require approval by the Village Board, and stated that this issue of traffic management for the proposed bus storage yard is important to what the Planning and Zoning Board thought about zoning. Mr. Sylvester said there are no cases pending for the February agenda, so assuming that the intergovernmental agreement is finalized by mid-January, the February agenda would only include the 3 zoning cases from school district 219. Chairman Kanelos asked if the deadline had passed for new items to be included on the February agenda and Mr. Sylvester said yes, the deadline had passed and so there would not be any other items on the February agenda. Page 4 of 13 Planning and Zoning Board Approved Meeting Minutes January 11, 2017 ________________________________________________________________________ Chairman Kanelos asked if that deadline only applies for new items, so if the gentleman who has an existing request for additional outdoor storage at 6801 Howard Street is ready for the next meeting, will he be on the agenda? Mr. Sylvester said yes—the deadline is only for new cases. Existing cases that have been tabled—such as the request for a special use permit for outdoor storage at 6801 Howard Street which had been tabled—could be on the February agenda if the applicant provides all of the required information. Chairman Kanelos said that would be the only other possible item on the February agenda because that is the only open/outstanding case. Mr. Sylvester said there are only two outstanding items for the Planning and Zoning Boards consideration: the multiple District 219 cases and the one outdoor storage case at 6801 Howard Street. Chairman Kanelos said if the petition for outdoor storage at 6801 Howard Street does is ready for consideration at the February meeting of the Planning and Zoning Board, he thinks it will be simple enough and it will not take too much time that night so that the district 219 cases can also be considered that same evening. Chairman Kanelos asked if there were any other questions and there were none. NEW BUSINESS Chairman Kanelos called for the first item on tonight's agenda. 17-ZP-1 Requesting approval of a special use permit per Village Ordinance Appendix B, Section 8.2(A) and parking credits per Village Ordinance Appendix B, Section 10.4 to allow Medical Clinic at 8074 Milwaukee Avenue. Mr. Sylvester said this case is a request for a special use permit at 8074 Milwuakee Avenue which is located on the west side of Milwaukee Avenue just north of Oakton Avenue. The property is zoned C-3 and the proposed use is classified as a special use in the C-3 zoning district, per zoning ordinance Appendix B, Section 8.2(A). The applicant is Dr. J. Rene Dadivas, and he currently has a medical clinic in the Village at 7509 north Milwaukee Avenue near Harlem Avenue. Mr. Dadivas wishes to relocate his practice to 8074 Milwaukee AVenue. Mr. Sylvester stated that Dr. Dadivas will be able to provide details such as the Page 5 of 13 Planning and Zoning Board Approved Meeting Minutes January 11, 2017 ________________________________________________________________________ nature of his business, the services he provides, the number of employees and number of treatment rooms, etc… Mr. Sylvester stated that all notification requirements had been satisfied, including a legal notice in the newspaper of record and mailed notices to owners of nearby property. Ms. Sylvester explained that staff did an analysis of the parking and determined that parking credits will be needed for the proposed medical clinic, because the amount of parking that is available in the multi-tenant development is less than the amount available. Procedurally, parking credits are decided by the Planning and Zoning Board—not by the Village Board. Therefore, this proposal is a two part application: 1) first is a request for a special use permit, which as usual will require a recommendation from the Planning and Zoning Board that will go to the Village Board and 2) second is a request for parking credits that will be decided tonight by the Planning and Zoning Board. Mr. Sylvester then explained the location of the proposed business on a map shown on the overhead screen. Chairman Kanelos said to start with normally there is a judgement how this complies with the 2030 plan, and stated that in his eyes one of the ways it complies is to eliminate vacant properties. Mr. Kanelos asked if it is staffs opinion that this is substantially a plus with regard to the 2030 plan? Mr. Sylvester said it is and that the site is currently vacant and approving this proposal would bring a business to the site rather than keeping it vacant. Comissioner Dubiel said he had just a few questions about this site reguarding the square footage and whether or not the property is two storefronts or one? Mr. Sylvester said he did not know. Commisioner Dubiel said he will ask the applicant later. Mr. Dubiel asked if there are any reported parking problems for this medical clinic at its current location on Harlem. Mr. Sylvester said he is not aware of any complaints but that site is similar to the proposed location north of Oakton, since both are older strip malls with realitively small parking lots. The applicant—Dr. Dadivas—stepped forward and was sworn in. Chairman Kanelos asked if other tenants wanted to move into the strip- center, and they are a permitted use, would the parking credits be triggered in that case? Would they have to come here for us to review any potential problems? Page 6 of 13 Planning and Zoning Board Approved Meeting Minutes January 11, 2017 ________________________________________________________________________ Mr. Sylvester said yes, some businesses might be required to obtain parking credits, depending on whether what the zoning ordinance requires for parking for that business. Mr. Sylvester explained that the Village has parking requirements based on the use and some uses do not need parking credits and other uses—even if they are a permitted use—may require parking credits. So the short answer is yes, there could be some permitted uses that would still require your review for parking credits. Chairman Kanelos asked if there were any more questions for staff. Commissioner Dubiel said the backing out on Milwuakee can be an problem. Mr. Sylvester said that the ability to back out of parking spaces at this shopping center was eliminated with the new streetscape, and so backing-out is less of a concern. Commissioner Dubiel asked the Director of Community Development, Mr. Charles Ostman, if he had any concerns regrading parking or vehicles backing-out. Mr. Ostman said he does not see the concern because even in the rear of the building there is more overflow parking and typically the residential tentants on the second floor park park in the back and are gone during the day, which makes available that parking in the rear. Commissioner Dubiel asked if staff and employees at the businesses in the shopping center can use that rear-parking also. Commissioner Dubiel also asked about the shared parking agreement between the recently-opened Dunkin Donuts immediately to the north. Mr. Ostman said that the parking in the rear of the shopping center is available to employees in the shopping center, as well as to employees of the Dunkin Donuts, and that the parking credits the Village gave to Dunkin Donuts made those parking spaces behind the building available to the Dunkin Donuts employees, but not for exclusive use. Commissioner Dubiel said if that has been done before two things could be true. One (1), it is too formal or two (2) the credits are too conservative or restrictive to start with. Mr. Ostman said he did not have the particulars on the parking credits or the total parking and concluded that he did not see a concern regarding parking for the proposed medical clinic. Page 7 of 13 Planning and Zoning Board Approved Meeting Minutes January 11, 2017 ________________________________________________________________________ Mr. Sylvester said he will include calculations for the entire development with the list of all uses and how much parking each one has. Chairman Kanelos asked if there were any other questions for the staff from the commissioners. He then asked if the petitioner was present. Dr. Dadivas came to the podium and was sworn in. Chairman Kanelos asked the petitioner to please state his name and address into the microphone clearly for the record. Petitioner said I am Dr. J. Rene Dadivas and my address is 8430 W. Peter Terrace. Chairman Kanelos asked if Mr. Dadivas has anything to add to what we had already been discussed, and Mr. Dadivas responded that he did not. Chairman Kanelos asked are there any questions from the Commissioners? Commissioner Dubiel asked is there more than one store for the medical clinic, and Mr. Dadivas responded that he is only using the space at 8074. Commissioner Dubiel asked if the space had 2,500 square feet, and Mr. Dadivas said the space has only 1,300 square feet. Commissioner Dubiel said the staff report shows the space is 2,500 square feet, and Mr. Sylvester said when he asked the applicant for information about the tenant space, the applicant did not provide the square footage of the space. Mr. Sylvester explaqined that based on other businesses in the shopping center he assumed the tenant space to be 2,500 square feet. Commissioner Dubiel asked if that changed the amount of parking credits required for this proposed medical clinic. Chairman Kanelos said when a motion is made that the exact number of credits should be accurate, adding that the Village should not give credits for space that the man will not be occupying. He then asked if there were any other questions from the Board members for the Petitioner or any questions from the public for the Petitioner or for staff. Mr. Sylvester recalculated the number of stalls needed based on the new information from the applicant about the size of the tenant space and said 6 ½ stalls are required. With the size of the space being 1,300 square feet, four (4) parking stalls are the amount that a typical, retail use would be required to provided. Given that this is a medical use, 7 stalls are required— Page 8 of 13 Planning and Zoning Board Approved Meeting Minutes January 11, 2017 ________________________________________________________________________ rounding-up 6 and one-half. Therefore, a credit of three (3) parking stalls is required. Commissioner Dubiel moved to approve said Case number 17-Z-1, being a request for both a special use permit for a proposed medical clinic per zoning ordinance Appendix B, Section 8.2(A) and for parking credits for three parking spots at the same location per calculations by staff. Seconded by Commissioner DeBartolo, on roll call the vote was: AYES: 7 Dubiel, Karabatsos, DeBartolo, Schulter, Nakanishi, Parala, Kanelos NAYS: 0 There being seven (7) affirmative votes the motion carried. Chairman Kanelos wished good luck to the petitioner, then reminded those present that the Planning and Zoning Board is a recommending board to the Village Trustee’s on the special use permit, and that the Village Board can agree with the recommendation to grant the special use permit or they can deny the special use permit. He stated that if anyone in the audience would like to know when the Trustee’s will be hearing that case to leave their name and number with Mr. Ostman and they will be informed. With in regard to the parking credits, Chairman Kanelos stated that the Planning and Zoning Board’s decision to approve 3 parking credits is a final decision which does not need to go to the Village Board, since the Planning and Zoning Board has the authority to make the final determination on such requests. Chairman Kanelos called for the second item on tonight's agenda. 17-ZP-2 Requesting approval of a special use permit per Village Ordinance Appendix B, Section 8.2(A) to allow a massage service establishment at 8742 Shermer Road. Mr. Sylvester provided his staff report and explained that this agenda item was a request for a special use permit. Unlike the first agenda item, this proposal did not require any parking credits. The proposal is for a massage business at 8742 Shermer Road, which is currently a vacant space inside of a small multi-tenant building. Mr. Sylvester explained that for this application, he had received more detailed information from the applicant about the size of the tenant space, including a proposed floor plan which was in your packet. Mr. Sylvester explained that the applicant is proposing to Page 9 of 13 Planning and Zoning Board Approved Meeting Minutes January 11, 2017 ________________________________________________________________________ have five (5) rooms for massage therapy in addition to a small reception/waiting area in the front of the building. Similar to the evening’s first case, Mr. Sylvestger explained that this business is proposing to move into a tenant space that is currently vacant, and so one of the goals of the comprehensive plan is to welcome businesses into the community and eliminate vacant commercial spaces. The business is a spin-off of an existing massage business in Skokie and the applicant is hoping to open this as a second location. The business owner is a Niles resident. Mr. Sylvester explained that the Village did provide all of the required notifications, and reminded the Planning and Zoning Board that they are a recommending body on this requiest, so after a vote tonight this matter will be forwarded to the Village Board for a final decision. Chairman Kanelos asked if there were any questions for staff from the commissioners. Commissioner Dubiel said he wished he had more data about the other spaces within the building so he could know more about parking. Mr. Sylvester said that staff reviews parking by looking at a proposed use and determining how much parking that particular use requires. If a proposed use requires more parking than a retail use, then it will trigger the requirement for parking credits. Commissioner Dubiel said but there are two (2) other tenants there right? Mr. Sylvester said yes there are. Commissioner Dubiel asked if they are being issued parking credits and Mr. Sylvester said they are not. Chairman Kanelos said this Petitioner does not need parking credits. Commissioner Dubiel asked how we know that, and stated that we only know that in context of what else has been credited there. Chairman Kanelos said we do not know if there are any credits there. Commissioner Dubiel said there is nothing even open there right now. So they are vacant? Chairman Kanelos asked is that correct? Mr. Sylvester said that is correct but with this special use there is enough parking for what is being proposed. Page 10 of 13 Planning and Zoning Board Approved Meeting Minutes January 11, 2017 ________________________________________________________________________ Commissioner Dubiel said right now it will be fine but the next person may want more parking. In the future we need to have some kind of view of what is done previously. Chairman Kanelos asked if there are sixteen (16) parking spaces, and Mr. Sylvester said yes. Chairman Kanelos asked what type of business would have the highest demand for parking, and Mr. Sylvester said a restaurant. Chairman Kanelos asked how many parking spaces a restaurant requires and Mr. Sylvester said 10 parking stalls per thousand square feet of gross area. Chairman Kanelos asked how big are the units in the building? Mr. Sylvester said he did not know the size of th other tenant spaces but if in a month or a year from now a restaurant was proposed to move into one of those spaces, at that time the proposed restaurant business would need to apply for parking credits. Chairman Kanelos asked if that is the only kind of use that would put the Village that close to the maximum, and Mr. Sylvester said there are other uses that also require a lot of parking, like a banquet hall or other facility like that. Chairman Kanelos asked if there there were any questions for staff, and then if the Petitioner was present. The petitioner came forward and Chairman Kanelos swore her in. Chairman Kanelos asked her to please state her name and address for the record. Ms. Tsendayush Bold introduced herself and said that she lives in Niles. Chairman Kanelos asked Ms. Bold if she would like to add to what we had already been discussed. Ms. Bold said she would like to open a small massage spa and that her and her friend used to be co-owners of a massage business in Skokie and it was a good business. It was small for two people and business was expanding and she decided to open another space in Niles. Chairman Kanelos asked how many employees will be there each day. Ms. Bold said two to four massage therapists. Page 11 of 13 Planning and Zoning Board Approved Meeting Minutes January 11, 2017 ________________________________________________________________________ Chairiman Kanelos asked will they all be driving to work? Ms. Bold said she thought so. Chairman Kanelos asked if there will be a parking problem with four employes and only four parking spots? Ms. Bold said there is also off street parking. Chairman Kanelos asked whether or not there is off street parking. Ms. Bold stated that based on the map showing the addresses in that building, she understands that there are sixteen (16) parking spots in the front of the building and there are also spots behind it. Mr. Ostman said the parking spots behind the building that faces Shermer are not available for this proposed massage business, because those parking spaces belong to the building that fronts onto Dempster. Mr. Sylvester explained that is why he did not include those parking stalls in his parking count. Chairperson Kanelos asked if there were any questions for the the Petitioner from the Commisioners, and then asked if there were any questions from the public for the Petitioner or Village staff. There were no questions, and Chairperson Kanelos said he would entertain a motion. Commissioner Dubiel moved to approve said Case number 17-Z-2 for a request for special use permit for a message parlor at 8742 Shermer Road as provided in zoning ordinance Appendix B, Section 8.2(A). Seconded by Commissioner Schulter, on roll call the vote was: AYES: 7 Dubiel, Karabatsos, DeBartolo, Schulter, Nakanishi, Parala, Kanelos NAYS: 0 There being seven (7) affirmative votes the motion carried. Chairman Kanelos said good luck to the Petitioner, and reminded everyone that the Planning and Zoning Board is a recommending board to the Village Trustee’s on this requested special use permit, and that the Village Board can agree with the recommendation and grant the requested special use permit, or they can deny it. Chairman Kanelos concluded by stating that anyone in Page 12 of 13 Planning and Zoning Board Approved Meeting Minutes January 11, 2017 ________________________________________________________________________ the audience who would like to know when the Trustee’s will be hearing this case should leave their name and number with Mr. Ostman and they will be informed. DISCUSSIONS Mr. Sylvester mentioned that this room will be under construction in February and the February meeting—which will likely only have the 3 District 219 cases—will be held in the Senior Center. ADJOURNMENT Chairman Kanelos asked for a motion to adjourn. Commissioner Dubiel moved to adjourn. Seconded by Commissioner DeBartolo, on roll call the vote was: AYES: 7 Dubiel, Karabatsos, DeBartolo, Schulter, Nakanishi, Parala, Kanelos NAYS: 0 There being seven (7) affirmative votes the motion carried. The meeting adjourned at 7:35pm. Page 13 of 13