Planning and Zoning Board

VILLAGE OF NILES 1000 Civic Center Drive Niles, IL 60714 www.vniles.com Approved Meeting Minutes Monday, February 6, 2017 7:00 PM Village Hall Planning and Zoning Board Chairman Thomas Kanelos Members Susan DeBartolo Morgan Dubiel Ted Kar abatsos Barbara Nakanishi Thomas Parala Robert Schulter Angelo Troiani , Emeritus Staff Lia ison Bruce Sylvester CALL TO ORDER/ROLL CALL Planning and Zoning Board Approved Meeting Minutes February 6, 2017 _________________________________________________________________ _______ The Niles Planning and Zoning Board was called to order at 7:02 P.M. All rose for the Pledge of Allegiance. PRESENT: 7 Chairman Thomas Kanelos, Commissioners Ted Karabatsos, Susan DeBartolo, Robert Schulter, Barbara Nakanishi, Thomas Parala and Morgan Dubiel. Also present was Assistant Director of Community Development Richard Wlodarski, Village Attorney Danielle Grcic and Commissioner & Secretary Emeritus Angelo Troiani. APPROVAL OF MINUTES Chairman Kanelos asked if there were any additions, clarifications or corrections to the minutes of January 11, 2017. There were none. Commissioner Nakanishi moved to approve the minutes of January 11, 2017. Seconded by Commissioner Schulter, on roll call the vote was: AYES: 7 Nakanishi, Parala, Dubiel, Karabatsos, DeBartolo, Schulter, Kanelos NAYS: 0 There being seven (7) affirmative votes the motion carried. OLD BUSINESS 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 Point Road, Niles for a proposed school bus storage/maintenance facility. NEW BUSINESS - None Page 2 of 10 Planning and Zoning Board Approved Meeting Minutes February 6, 2017 _________________________________________________________________ _______ DISCUSSIONS ADJOURNMENT Chairman Kanelos called for the first item on tonight's 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. Bruce Sylvester presented this case. Everyone is familiar with this case. This is an application that was submitted under the previous zoning requirements and it is being reviewed under those requirements. Since last discussed, Village Attorney Danielle Grcic has been working diligently with attorneys from School District 219 to put together an Inter-Governmental Agreement [known as IGA for the balance of these minutes]. The basis for this IGA is the traffic management plan that was initially drafted by Tom Powers, Village Engineer. Everyone got into that at a previous meeting and many details had to be worked out. After that, the IGA focused more on basics with how traffic management would be handled and how traffic on the site would be dealt with. Then, if and when a problem arose for the two parties [Village and District 219], issues would be addressed properly should they come up. This is a historical reminder of where the case is since the last meeting. Primarily everyone is here tonight to talk about the IGA drafted by the attorneys. The ultimate goal is to vote on a request from the School District for a special use permit that, if granted, would allow them to store and maintain buses at the proposed facility. The IGA would be part of the special use permit being requested. Chairman Kanelos said then if there is a vote to approve, this becomes a condition of that approval. Village Attorney Danielle Grcic said that is correct; they would tie into each other. Commissioner Dubiel asked Staff are they making a 'no recommendation' tonight - in favor or against this proposal - correct? Mr. Sylvester said what Staff talked about with Ms. Grcic and Charles Ostman, Director of Community Development, as to what is being done with other departments including fire, police, engineering, etc., from this point forward, Staff will state either they have concerns or they don't have concerns as a department. For tonight's case, the department does not have any concerns. Staff believes the IGA is good and solid and creates a procedure so that if there are concerns, they can be addressed in a reasonable way. Page 3 of 10 Planning and Zoning Board Approved Meeting Minutes February 6, 2017 _________________________________________________________________ _______ Commissioner Schulter said based on actual drafts, has the School District agreed to terms based on what was agreed to with the two attorneys? Ms. Grcic said yes they have. What you see in the packet has been agreed to by the District 219 School Board. There should not be any changes to that tonight. Commissioner Dubiel asked about page 2, section 3a of the IGA. Is this a private bus company or are they employees of the School District? Then item 4c on page 4 - about the departure of buses from the facility leaving within a 15 minute time span. Ms. Grcic said she believes this will be a private subcontractor. Yes, to the question of departure times. Chairman Kanelos asked is that interval triggered only when a problem arises, or is it enforced at all times, as originally requested? Ms. Grcic said that is the agreement [enforced at all times] but she sees there is some conflicting language. The attorney for the School District and she can go over that conflict to confirm that staggering buses under this formula is what will happen at each departure. This is what it is: 90 seconds, 5 buses. There was other conflicting language removed from this IGA. The last sentence can be clarified so there is no conflict. Commissioner Dubiel said on page 6, the violations of the agreement. What does it mean that if 'a violation is regularly occurring' - is that a legal term? Ms. Grcic said a onetime violation probably wouldn't trigger this if it's nothing substantial. But if it continues, then it triggers the violation agreement. Legally they would have to look at case law to define what regularly occurring means. There was discussion back and forth of what regularly occurring means. Commissioner Dubiel asked if this is approved, are there any limitations on what can be built there once the special use is approved? Mr. Sylvester said the special use would limit them to whatever is being approved tonight. Chairman Kanelos asked then if they wanted to build a new building, do they have to come back to this Board or does it go with the approved special use? Mr. Sylvester said he doesn't know how the IGA covers that, and if it does it needs to be addressed. But if it is a zoning issue and doesn't substantially alter the operation, that would not come in front of the Zoning Board. If they changed the number of buses parked or something major, then they would have to come before the Zoning Board for an amendment to the special use. Page 4 of 10 Planning and Zoning Board Approved Meeting Minutes February 6, 2017 _________________________________________________________________ _______ Commissioner Dubiel said the Department has no concerns. Is this because of the reduction of the number of buses or the IGA. Mr. Sylvester said both. He then explained how the number of buses parked has changed. Then the traffic management plan was improved. That is why the Staff does not have concerns. Staff used to make recommendations in zoning cases. Staff was more into advocating on behalf of applicants and Mr. Ostman was not comfortable with that. About a year ago Staff stopped making recommendations and provided only 'no comments' and recently they decided to make clear whether or not there are concerns. In this case, there are no concerns. Commissioner Schulter said based on all the conversation over the last several months, he understands the School District is going to outsource the management of the facility. Is there a requirement the Village could put in cameras to monitor? Or can the School District put in a camera? Mr. Sylvester said that could be suggested. The IGA lays out a procedure if either party has concerns about safety, traffic or the like so he's not so sure cameras would be necessary. Ms. Grcic said the IGA is between the Village and the School District. It's all based on contracts. Both have duties under the agreement. Cameras could be discussed and integrated into the agreement. Commissioner Dubiel asked what is stopping the Board from binding their contractor. Ms. Grcic said if this IGA passes between the Village and the School District, any contractors from either side would also be bound by the same IGA. There would be recourse against the School District if their contractor violates the agreement. The Village would go to the School Board with the concerns. Commissioner Dubiel said he feels it should be spelled out to include the contractor. Chairman Kanelos asked if there is a downside to binding the contractor who runs the school buses. Ms. Grcic said one of the downsides is the Village must know who that contractor is. An easier way to deal with it is to put some blanket language into the agreement to bind any and all persons on behalf of the School District. Chairman Kanelos is looking at page 5, paragraph F about Gross Point Road and Caldwell Avenue intersection not being utilized for any a.m. or p.m. school bus routes not serving the area most directly accessible via the intersection. Do we know how many routes serve the area? Page 5 of 10 Planning and Zoning Board Approved Meeting Minutes February 6, 2017 _________________________________________________________________ _______ Ms. Grcic said that is something to ask the petitioner. Chairman Kanelos is now questioning page 5 & 6, paragraph 5: will the $10,000 set aside for a traffic study in case of problems be sufficient? Ms. Grcic said that number came from the original traffic management plan. It was from paragraph 11 of the plan that went through the Village's Engineering department. Chairman Kanelos asked about page 8, paragraph 9 - the last line states either party may terminate this agreement with 90 days written notice. Does that mean up until the special use is passed - then they cannot terminate it? Or can it be terminated after that fact. Ms. Grcic said if it is a condition of the special use, it has to live on with the special use. The most conservative approach is to delete that language. This way there is no confusion. Chairman Kanelos then asked if there were any more questions for Staff or the Village Attorney. There were none. The public will have a chance to ask questions after the petitioner has presented his case. He then asked the petitioner to come forward. Kenneth Florey, Robbins Schwartz, 55 W. Monroe, Suite 800, Chicago, IL 60603 - Attorney for School District 219 - came to the podium. He thanked the Board for coming together to go over this IGA that he and Ms. Grcic spent many hours working on. It is important to remember we all serve the same residents. Nothing is more important than the safety of the residents and the children. The school is looking to finalize this tonight and then going before the Village Board at its next meeting. The School District Board did approve the agreement as presented. No contract can anticipate every scenario. There is a process for either side to initiate a change if necessary. To rewrite provisions of this agreement at this point is probably not productive. The process is already well behind schedule. Ms. Grcic said they went through the agreement. However there were certain things that came to her attention this evening. She would be able to make those changes and take them to the Village Board. The specific change would be the 90 day termination clause. The School District needs to be bound to the terms of this agreement while they are operating at the facility. Mr. Florey stated that both he and Ms. Grcic prepared that termination clause and every contract has one. You are approving this subject to the approval of the IGA. Ms. Grcic said it needs to be clarified so there is no confusion. Page 6 of 10 Planning and Zoning Board Approved Meeting Minutes February 6, 2017 _________________________________________________________________ _______ Chairman Kanelos asked if this approved with the IGA, then at any time the School District could say within 90 days they don't agree with this any longer? Is that correct? Mr. Florey said no because it is part of the special use with the IGA agreement. There was discussion among Chairman Kanelos, Ms. Grcic and Mr. Florey regarding the verbiage of the 90 day termination notification and whether or not it should be part of the IGA. Commissioner Nakanishi asked if this could be incorporated in the special use: if the School Board opts to terminate the agreement as written on page 8, item 9, the special use will no longer be in effect. Mr. Florey said the agreement is probably going to be amended through the years as different issues arise. Commissioner Nakanishi still doesn't think it would be that difficult to add that language to the special use. Mr. Florey said one of the reasons they took the IGA out of the approval process is because many of the items are not zoning issues. What you are trying to address are operational issues. Chairman Kanelos said it is a zoning issue because it relates to the safety of the operation. Commissioner Schulter asked what if, in the future, the School District decided to sell the facility to the company that manages the bus service? Mr. Florey said it would follow the same process as it did for the School District. The special use would follow the land and is subject to the same provisions. Commissioner Dubiel asked Staff under what conditions would the special use expire? Mr. Sylvester answered it would expire if the use that is allowed by the special use permit is discontinued for a period of twelve months or more. Commissioner Dubiel then asked under what circumstances would the School District cease using this special use? Mr. Florey said if it stopped providing transportation; teamed up with another school district to have a facility in another location; if the bus company provided maintenance. There are a lot of reasons it would stop using this particular facility. Page 7 of 10 Planning and Zoning Board Approved Meeting Minutes February 6, 2017 _________________________________________________________________ _______ Commissioner Dubiel said then the 90 day vision is a trigger for the School District to tell the Village that in 90 days they are abandoning this special use, correct? Mr. Florey answered correct. He then addressed other issues. The School District agrees the staggering will occur immediately. He estimates it will realistically be about 40 minutes for all the buses to depart in groups of 5. Chairman Kanelos asked again why that last sentence can't be taken out. Mr. Florey said he is trying to avoid going back to the School Board since this has already been approved by them. Then this delays it at least another month. They can work this out with letters of agreement but changing the agreement itself adds more delay. Chairman Kanelos said the Zoning Board can take out the sentence, then the Trustees can vote with it out, then the School District can take it the next month to their School Board. It's only a problem if they decide no, they don't want to take it out. Ms. Grcic answered correct. Commissioner Dubiel asked Mr. Florey how long he has been a part of this process. And was he in on the discussions regarding the Village of Skokie. Mr. Florey was brought into this in October 2016. He is aware of the Skokie issue. Skokie told the School District they have to remove the buses from school property to an acceptable location. Commissioner Dubiel said what Mr. Florey is telling him and what the School District told him are different than what the Village of Skokie told the Village of Niles. Mr. Florey said that is news to him. There was discussion and reading of an email from Skokie Director of Community Development received by the Village of Niles on Janury 25, 2017 in response to several requests regarding documentation. Mr. Sylvester received this email. This process started approximately 18 months ago. [The lengthy response from Skokie was read aloud by Chairman Kanelos.] Mr. Florey said he was told Skokie isn't going to approve any changes on the Niles West campus until they get rid of the buses. There was discussion about the correspondence and communication among Village of Niles, Village of Skokie and District 219 starting in June, 2015 to date. Page 8 of 10 Planning and Zoning Board Approved Meeting Minutes February 6, 2017 _________________________________________________________________ _______ This discussion took place among Chairman Kanelos, Commissioner Dubiel, Mr. Florey and Mr. Sylvester. Chairman Kanelos reiterated all things involved with this request are zoning issues. There was also discussion as to whether the Village of Skokie, in fact, is forcing the buses off the Niles West property. Also discussion as to how much help the Village of Niles was going to provide in order for them to get this request up and running. Chairman Kanelos asked if there were any more questions for the petitioner. There were none. There were no questions from the public. At this time he entertained a motion. Commissioner Dubiel moved for a no recommendation to the Village Board of Trustees regarding special use item 16-ZP-20 as well as related items 16-ZP- 21 and 16-ZP-22 for variations. Seconded by Commissioner Karabatsos, 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. DISCUSSIONS ADJOURNMENT Chairman Kanelos made a motion to adjourn. Commissioner Nakanishi moved to adjourn. Seconded by Commissioner DeBartolo, on roll call the vote was: AYES: 7 Nakanishi, Parala, Dubiel, Karabatsos, DeBartolo, Schulter, NAYS: 0 There being seven (7) affirmative votes the motion carried. The meeting adjourned at 8:15 p.m. Page 9 of 10 Planning and Zoning Board Approved Meeting Minutes February 6, 2017 _________________________________________________________________ _______ Kathleen Janessa, Recording Secretary Page 10 of 10