Planning and Zoning Board

VILLAGE OF NILES 1000 Civic Center Drive Niles, IL 60714 www.vniles.com Approved Meeting Minutes Monday, December 4 , 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 December 4, 2017 _________________________________________________________________ _______ The Niles Planning and Zoning Board was called to order at 7:00 P.M. All rose for the Pledge of Allegiance. PRESENT: 6 Chairman Thomas Kanelos, Commissioners Ted Karabatsos, Susan DeBartolo, Barbara Nakanishi, Thomas Parala, Morgan Dubiel Also present was Director of Community Development Charles Ostman, Senior Planner Bruce Sylvester and Village Attorney Danielle Grcic. Commissioner Robert Schulter and Commissioner Emeritus Angelo Troiani were absent. In the absence of Commissioner Schulter, Commissioner Morgan Dubiel is the Acting Secretary for this evening’s meeting. APPROVAL OF MINUTES Chairman Kanelos asked if there were any additions, clarifications or corrections to the minutes of November 6, 2017. There were none. Commissioner DeBartolo moved to approve the minutes of November 6, 2017. Seconded by Commissioner Parala, on roll call the vote was: AYES: 6 DeBartolo, Dubiel, Nakanishi, Parala, Karabatsos, Kanelos NAYS: 0 ABSENT: 1 Schulter There being six (6) affirmative votes the motion carried. NEW BUSINESS Chairman Kanelos called for the first item on tonight’s agenda. 17-ZP-31 Requesting approval of a plat of re-subdivision for lands located at 7421, 7431, 7437 and 7443 Waukegan Road and 7021 Jarvis Avenue. Bruce Sylvester presented this case. In July of this year, the Village approved three zoning cases which granted entitlements for a self-storage building with a small business incubator space on the lot located at 7421 Waukegan Road—a zoning map amendment, a special use permit, and variations. Associated with that would be a parking lot to the north and a small lot east of the alley that will remain undeveloped. Currently those lands are platted with many parcels and a variety of lots. The developer informed staff when they were seeking zoning approvals a couple of months ago that when ready, they would prepare a plat of re-subdivision to clean up all the lot lines for the self-storage development. They have resubmitted this request for consideration tonight. If you recommend Page 2 of 8 Planning and Zoning Board Approved Meeting Minutes December 4, 2017 _________________________________________________________________ _______ approval, that will go to the Village Board for a final decision at their December board meeting. Chairman Kanelos asked if there were any questions from the Commissioners for Staff. There were none. He called the petitioner to the podium. John Green, Groundwork, Ltd., 351 West Dundee Road., Suite A, Buffalo Grove, Illinois 60089, came forward and was sworn in. He is the architect for the developer. The applicant gathered all necessary signatures to complete the plat and are asking for approval of the plat of resubdivision to consolidate the lots. There are several steps to go through to get recorded. They have already submitted the final engineering for the project to the Village. They are in the process of working on the final architectural, structural, and mechanical plans. Chairman Kanelos asked if there were any questions from the Commissioners for the petitioner. There were none. Nor were there questions from the public. At this time he entertained a motion. Commissioner DeBartolo moved to approve item 17-ZP-31, a request for approval of a plat of re-subdivision for lands located at 7421, 7431, 7437 and 7443 Waukegan Road and 7021 Jarvis Avenue for a previously approved self-storage warehouse development. The findings of fact are provided in the staff report and have gone through with the testimony plan. Seconded by Commissioner Parala, on roll call the vote was: AYES: 6 DeBartolo, Dubiel, Nakanishi, Parala, Karabatsos, Kanelos NAYS: 0 ABSENT: 1 Schulter There being six (6) affirmative votes the motion carried. Chairman Kanelos stated this Board is a recommending Board to the Board of Trustees who can either confirm or negate this recommendation. 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. There were no other items regarding business so Chairman Kanelos proceeded to discussions. DISCUSSIONS 1. Notification requirements for public hearings Page 3 of 8 Planning and Zoning Board Approved Meeting Minutes December 4, 2017 _________________________________________________________________ _______ 2. Carport set-back requirements and variation procedures for proposed carport expansions 3. Non-retail land uses on corners in commercial zoning districts _________________________________________________________________ ______ 1. Charles Ostman said the first item to discuss is for notification for public hearings. For as long as he has been here [18 years] and even before that, notices to the surrounding property owners within 250’ of the subject property for an application are generally sent out first class mail. Originally they required the applicant to provide all mailing labels and stamps; the Village would then stuff the legal notices and mail them out from Village Hall. When Bruce came on board, they tried to be more business friendly to the applicants and so tried using GIS data that Cook County provides to the Village on a semi-annual basis. It was going good for a while until they came across an application where they found out the data coming from Cook County wasn’t the latest information they needed. They found more current data on the Cook County website. They reverted to what they had done for many years. The applicant is responsible for getting all the property owners’ mailing addresses from the Cook County website. Mr. Ostman recommends following the same procedure where the applicant is required to submit all names correctly. Staff checks that all property owners within 250’ of the subject property are on the mailing list. But they leave it up to the applicant to get the latest mailing information from the Cook County website. Mr. Ostman does not recommend sending them registered or certified mail. The Village verifying the addresses, stuffing the envelopes and mailing them out meets all the requirements. Chairman Kanelos said if the petitioner submits the list, there is no cross check of the list. Mr. Ostman believes that in Niles and every other town, the applicant is responsible. Niles does offer the applicant the Cook County website to copy the names from or they can obtain an outside service to obtain the list. Now you have to post a sign on the property that there is a public hearing. This was not required by state law and it wasn’t required by ordinance. When the new zoning code was approved, posting a sign was added. Commissioner Dubiel said people have three methods of notification. It is posted on the property, it is posted in the newspaper and the owners of proprety within 250’ are notified by mail. Mr. Ostman added it is also posted at the Village Hall and on the Village of Niles website. Commissioner Dubiel said there are many additional steps for notification. Page 4 of 8 Planning and Zoning Board Approved Meeting Minutes December 4, 2017 _________________________________________________________________ _______ Chairman Kanelos said the problem is that at least on two occasions, the signs were not posted and this Board didn’t find out about it until the day of the meeting. There is no perfect system but he thought at least if there was proof of mailing they would know if people received them. This Board doesn’t know the problem occurred until there are some people at a meeting who say they didn’t receive anything or unless one of the Board members drives by the property in question and sees the sign isn’t there. Commissioner Dubiel asked the procedure for physically posting the sign on the property in question. Mr. Sylvester fills out a request form and gives it to one of the inspectors, who then puts the sign out. There was only one time [about three months ago] when Mr. Sylvester forgot to request a sign. It was completely his fault. There are six signs and the inspector will put out the signs about two weeks before the hearing. Commissioner Dubiel asked if there could be a backup system for the applicant. In regard to registered mail, let’s say 10 go out and 9 come back. What then? Do we call off the hearing? Attorney Danielle Grcic said the requirement is for the notices to be sent out. That’s all. And then it comes back – where did you get your information? Chuck is proposing the applicants have that responsibility. Chairman Kanelos said there is no proof then that the applicants mailed them out. Mr. Ostman and Mr. Sylvester both stated the Village mails them out, not the applicant. Attorney Grcic said if the applicant would get the addresses, stuff the envelopes then bring them to the Village Hall, the Village will mail them. Mr. Ostman said all along, it was the Village who mailed out the legal notices. They’ve never stopped doing that portion of it. Chairman Kanelos and Commissioner Karabatsos both said one time they had to mail out their own notices when they were doing a project. Mr. Ostman said he certainly doesn’t know why. It shouldn’t have been. Chairman Kanelos feels publishing a notice in the newspaper is worthless. There was more discussion back and forth on the subject. Commissioner Dubiel feels there is a great system in place and they shouldn’t make it any harder on the applicant. Page 5 of 8 Planning and Zoning Board Approved Meeting Minutes December 4, 2017 _________________________________________________________________ _______ 2. Mr. Sylvester provided a staff report regarding thirteen variation requests for carports going back to 1986. The report included a summary at the end. A carport is pretty insubstantial but if you build living space above the carport, that’s like the house itself. Carports being less substantial could go a little closer to the lot line. Commissioner Dubiel asked ‘how much is too close?’ Mr. Sylvester said two variations were approved for 2’ setbacks, but they were back in the 80s. More recently, it seems like 4’ or 5’ is the more standard setback that has been approved. Commissioner Dubiel said then in my area of 35’ lots, someone might request a 2’ setback, where someone with a 50’ would need a smaller variation. Mr. Sylvester said if you’re thinking of changing the rules, you could say carports are allowed up to a number [let’s say 3’] awau from the side lot line, but people could still apply for a variation if they wanted to go even closer, say to only 1’ away. Mr. Sylvester also explained the current ‘Administrative Exemption’ rule that allows the Director of Community Development to provide relief if the variation is only 10%. If it’s a 10’ setback requirement, and someone came in and wanted to be 9’ away, the Director of the department is authorized to do an administrative exception, which is basically a variation. If someone wanted to be closer than 9’, a standard variation would need to be reviewed and approved by the Planning and Zoning Board. Chairman Kanelos said the majority [of the cases shown on the overhead] wanted to go down to 4’. Commissioner Karabatsos spoke of a carport he passed that had a driveway that didn’t go anywhere. Mr. Sylvester said if there is an attached garage and a driveway leading to that garage, you can create a small parking pad on the side of your garage. That is an item in the new zoning code called a parking pad. Chairman Kanelos suggested changing to 4’. Do we need motions? Mr. Sylvester said Staff will put together a text amendment and it will come back to this Board for approval at a public hearing in the future. 3. Non-retail land use – there was discussion about trying to stop non- retail from going into some very visible corners. The current zoning rule prohibits non-retail businesses in building in commercial zoning districts that are within 250’ of the intersection. The Board discussed the vacant Best Buy building at Golf and Greenwood, in which the building is more than 250’ away from the intersection, and so is not affected by this rule (…and a non-retail use could go Page 6 of 8 Planning and Zoning Board Approved Meeting Minutes December 4, 2017 _________________________________________________________________ _______ into that building…). After much discussion, it was decided this item will be brought up again in February. [There will be no meeting in January as there are no zoning cases that need action…] Commissioner Dubiel suggested going around the Village and looking at these types of commercial corners. The last item was not listed on tonight’s agenda. 4. This is to make sure the public is aware they have the option to appeal a decision. Commissioner Dubiel said he knows Mr. Ostman feels Staff will be inundated with these types of requests. If they are inundated, then the zoning laws are not working for a lot of people, not just a few. People come in and don’t know they can appeal or say I talked to so and so but they kind of put the kibosh on it, so they didn’t bother to go forward with an appeal. By making it public, how about a sign that says you can appeal this decision. He feels it takes more pressure off the department. And it takes away any sense of favoritism. People wouldn’t need to comment and say “I didn’t know I could appeal.” If there is a sign, then they could see for themselves. Does Attorney Grcic have any comments? Attorney Grcic said it is available to the public in the code, and the code is public. We are transparent but you can’t have a sign for that decision but can’t have a sign for each and every decision that a department head makes. Commissioner Dubiel said a sign would only be needed for a zoning appeal. He gave an example and also said the public has come before them and some feel it is a double standard. He feels it rids the department of any impropriety by having a sign. Chairman Kanelos said let’s talk about putting up a sign for people who don’t know they can appeal. Commissioner Karabatsos gave an example. Let’s say you have a lot that is 50’ and you’re trying to put 2 houses on it, but you need 60’. Someone can come in and not know they can appeal. But Mr. Ostman will say it’s not going to pass anyway. So is there a problem having a sign saying ‘the opinions of this department may be appealed’. Mr. Ostman said there is a charge because that would be an application. $75 for residential and $300 for commercial would be the fee. It would be a different fee for a subdivision, per Commissioner Karabatsos’ example. Where would you put the sign? Attorney Grcic said it really isn’t an appeal. If someone comes to Mr. Ostman and says they want to build so and so, what do you think? The answer would be the director’s opinion. Then it’s up to the developer to do the research and see the zoning code allows for X, Y and Z. He has the ability to file his application Page 7 of 8 Planning and Zoning Board Approved Meeting Minutes December 4, 2017 _________________________________________________________________ _______ regardless. There is another part of the code that gives the director the authority to deny some things…so there are 2 separate things but the sign would cover both. Chairman Kanelos said the sign would just say the individual has a right to apply for relief from a decision or opinion of the Community Development Department. Developers should know better. He is more concerned about regular citizens. If a sign is there, the little guy knows he can pursue it. Mr. Ostman wants a recommendation on where the sign should be placed. They are now updating the flow chart on how to get through the process. It should give the applicant the tools needed to file for relief. Attorney Grcic will work on the wording for this signage. There will be no meeting in January so these issues will be taken up at the February 5, 2018 meeting. ADJOURNMENT Chairman Kanelos made a motion to adjourn. Commissioner DeBartolo moved to adjourn. Seconded by Commissioner Parala, on roll call the vote was: AYES: 6 DeBartolo, Dubiel, Nakanishi, Parala, Karabatsos, Kanelos NAYS: 0 ABSENT: 1 Schulter There being six (6) affirmative votes the motion carried. The meeting adjourned at 7:50 P.M. Kathleen Janessa, Recording Secretary Page 8 of 8