Planning and Zoning Board

VILLAGE OF NILES 1000 Civic Center Drive www.vniles.com Final Approved Meeting Minutes Monday, April 5 , 2021 7:00 PM Village Hall Planning and Zoning Board Chairman Thomas Kanelos Members Susan DeBartolo Morgan Dubiel , Vice Chairman Ted Karabatsos Terrence McConville Barbara Nakanishi Robert Schulter , Secretary Charles Ostman , Community Development Director The Planning and Zoning Board Meeting will be called to order electronically via Zoom audio/visual conferencing in accordance with Governor Pritzker’s most Planning and Zoning Board Final Approved Meeting Minutes April 5, 2021 _______________________________________________________________________ _______ recent disaster declaration related to public health concerns due to the Covid-19 pandemic. This electronic meeting is open to the public. Members of the public can watch the meeting and participate remotely via Zoom or by phone. Members of the public who wish to provide comment during the public comment session should raise their hand via Zoom to speak and will be called upon. Members of the public wishing to join the Zoom “webinar” and comment during the hearing can visit the following link, enter the access code and password below on zoom.us, or call the following phone number:  https://zoom.us/j/92514801460?pwd=VGJicUFkelE4Y01mQi9IMW5JMVZ Zdz09  Webinar ID 925 1480 1460 and passcode 931909 at zoom.us  Dial by phone (312) 626-6799 then enter 925 1480 1460#, 0#, 931909# Written public comments will be accepted via email in advance of the meeting. Public comments received by 5:00 p.m. on the day of the meeting will be read at the public comment period for the relevant case. Any comments received during the meeting will be held until the end of the meeting. Public Comments should be emailed to nbb@vniles.com and contain name; address (optional); city; phone (optional); and the agenda item you would like to comment on. Members of the public with no access to email may leave a message at 847-588-8077. Thank you. CALL TO ORDER The Niles Planning and Zoning Board was called to order at 7:01 P.M. PLEDGE OF ALLEGIANCE/ROLL CALL All rose for the Pledge of Allegiance. PRESENT: 5 Chairman Thomas Kanelos, Commissioners Ted Karabatsos, Susan DeBartolo, Terrence McConville, Morgan Dubiel Also present were Director of Community Development Charles Ostman, Planner I Nathan Bruemmer and Village Attorney Danielle Grcic. Commissioners Robert Schulter and Barbara Nakanishi were absent. (Commissioner Dubiel was acting Secretary until the arrival of Commissioner Schulter at 7:14 p.m.) APPROVAL OF MINUTES Chairman Kanelos asked if there were any additions, clarifications, or corrections to the minutes of March 1, 2021. There were none. He entertained a motion. Page 2 of 11 Planning and Zoning Board Final Approved Meeting Minutes April 5, 2021 _______________________________________________________________________ _______ Commissioner McConville moved to approve the minutes of March 1, 2021. Seconded by Commissioner DeBartolo, on roll call the vote was: AYES: 4 McConville, Karabatsos, DeBartolo, Kanelos NAYS: 0 ABSTAIN: 1 Dubiel ABSENT: 2 Nakanishi, Schulter There being four (4) affirmative votes the motion carried. PUBLIC COMMENT The public can ask questions or comment after the Board has heard the petitioners’ testimony following each case. OLD BUSINESS NEW BUSINESS 1. 21-ZP-03, Imbibe Subdivision A request for approval of a Preliminary and Final Plat of Subdivision to consolidate 7350 Croname Rd., 7400 Croname Rd., and 7501 N. Natchez Ave. into 1 lot. Will Lennon, COO, Imbibe, 9100 Keystone Ave., Skokie, IL 60076 and Mark Kluemper, Architect, OKW, 9246 Forestview Rd., Skokie, IL 60076 came to the podium at the Village Hall and were sworn in. Mr. Kluemper stated they were here to request consolidation of the three parcels which are currently owned by Imbibe. This is part of a campus plan for the company’s expansion. The current operation is at 7350 Croname Rd. Currently there are plans under review at the Village of Niles to renovate the building at 7400 Croname Rd. and add a parking lot at 7501 Natchez Ave. This is a prescription to add to Imbibe’s campus expansion. He is happy to answer any questions the Commissioners might have. Commissioner Dubiel said this is near the area where the Village is planning an entertainment district. Are there any plans to open up this campus to the public? Mr. Lennon said no. They need the space for their employees. The company is growing. Page 3 of 11 Planning and Zoning Board Final Approved Meeting Minutes April 5, 2021 _______________________________________________________________________ _______ Nathan Bruemmer, Planner I, clarified this property is outside the Touhy Triangle which is the entertainment area Commissioner Dubiel was referencing. The plat was reviewed by the Village Engineer and Community Development Department along with outside consultants at Gewalt-Hamilton. They were all okay with the plan. The final version of the plat is attached in tonight’s packet. The changes to the building will be addressed in the building permit process. Chairman Kanelos said in spite of the fact this is near the proposed entertainment district, all three of these parcels are going to be used for the petitioner’s request. There should not be any opposition that this is near the public entertainment district. Mr. Bruemmer said he has not received any comments or complaints regarding this request. Chairman Kanelos asked if there were any questions from the Commissioners for Staff. There were none. There were no questions from the public for Staff. He entertained a motion. Commissioner Dubiel moved to approve item 21-ZP-03, a request for approval of a Preliminary and Final Plat of Subdivision to consolidate 7350 Croname Rd., 7400 Croname Rd., and 7501 N. Natchez Ave. into 1 lot. Seconded by Commissioner McConville, on roll call the vote was: AYES: 5 Dubiel, Karabatsos, DeBartolo, McConville, Kanelos NAYS: 0 ABSENT: 2 Schulter, Nakanishi There being five (5) 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 and anyone in the audience who would like to be informed of the Board of Trustees date should leave their name and address with the recording secretary. Commissioner Schulter arrived at 7:14 p.m. 2. 21-ZP-04, Golf Mill Subdivision – North A request for approval of a Preliminary and Final Plat of Subdivision for a portion of the Golf Mill Mall property, generally located at the southeast corner of Golf Road and Greenwood Avenue. Page 4 of 11 Planning and Zoning Board Final Approved Meeting Minutes April 5, 2021 _______________________________________________________________________ _______ Kevin Cleary, Sterling Organization, 107 Howe Terrace, Barrington, IL 60010, came forward and was sworn in. He had nothing to add to this case. Commissioner Dubiel wanted to clarify that Sterling is not just the management group but they also own the mall, correct? Mr. Cleary stated correct. Commissioner Dubiel said as part of this Zoning Board, he is really interested in what is happening at Golf Mill. Is there a long-term plan Mr. Cleary can share with the Commissioners as they are dividing this and creating new plats? Mr. Cleary said yes, there is a long-term plan. They have had many discussions about it. It is about redevelopment of the shopping center. The plans are evolving almost every day. Chairman Kanelos asked if there were any questions from the Commissioners or the public. There were none. Mr. Bruemmer added the subject property consists of the north half of the Golf Mill Mall, extending from the Sears building north to Golf Road, between Greenwood Avenue and Milwaukee Avenue. The proposed Lot 2 is for the new Chick-fil-A Restaurant that already secured a Special Use in March 2020 for a drive-thru facility at this location. The construction of the new restaurant should begin shortly. The remaining lot will be the remaining portion of Golf Mill Mall north of the Sears property. The Plat of Subdivision also includes the dedication of an easement for a public sidewalk at the corner of Gold Road and Greenwood Avenue as well as Stormwater Control Easement over the detention areas for proposed Lot 2. As in the case before, this has been reviewed by all interested parties in the Village and IDOT. The final version of the plat is attached. Commissioner Dubiel asked if there were going to be new curb cuts or a new entryway. Mr. Bruemmer stated there are no changes to any of the entrances or exits. Chairman Kanelos asked if there were any other questions for Staff. There were none. There were no questions from the public. He then entertained a motion. Commissioner McConville moved to approve item 21-ZP-04, a request for approval of a Preliminary and Final Plat of Subdivision for a portion of the Golf Mill Mall property, generally located at the southeast corner of Golf Road and Greenwood Avenue. Seconded by Commissioner Dubiel, on roll call the vote was: AYES: 6 McConville, Dubiel, Karabatsos, DeBartolo, Page 5 of 11 Planning and Zoning Board Final Approved Meeting Minutes April 5, 2021 _______________________________________________________________________ _______ Schulter, Kanelos NAYS: 0 ABSENT: 1 Nakanishi 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 and anyone in the audience who would like to be informed of the Board of Trustees date should leave their name and address with the recording secretary. 3. 21-ZP-08, 9101 Greenwood Ave A request for approval of a Variation from Niles Zoning Ordinance Section 9.2(B)(1) to increase the maximum allowable footcandle at any lot line from 1 to 5 at 9101 Greenwood Ave., Niles, IL 60714. Thomas Powers, 319 S. Lombard Ave., Oak Park, IL, Village of Niles Engineer, joined the meeting remotely. He was sworn in. The request is for a Zoning Variation at Golf Mill Park. The Village purchased the property at 9101 Greenwood for the development of a stormwater project that was designed in collaboration with Niles Park District. He was part of this transparent project that included having a web page with public comment. There was an open house where they presented the plan. It was a very public facing process to design the park. When designing, they really did not think much about the zoning and lighting. The sidewalk meanders in and out of the right of way; they are widening Church Street for a festival street. It puts the sidewalk half in the right of way and half on park property. There are pedestrian lights to create an inviting space that follows the pedestrian sidewalks. As a result, the lighting from the pedestrian lights crosses the right of way line and lights a portion of the sidewalk in the right of way as well as on the Village owned property at 9101 Greenwood Ave. That is the crux of their issue. There is no spread across the street onto the residential property; it is all to the right of way. Chairman Kanelos asked if in the majority of cases, the lighting is not leaving the property belonging to the Village? It is not crossing over onto anyone else’s property, correct? Mr. Powers answered yes. It is either in the public right of way or in the public park space. Chairman Kanelos said he wants the citizens to understand the Village has to follow the same zoning rules as the citizens. He said it is a great plan and looks good. Page 6 of 11 Planning and Zoning Board Final Approved Meeting Minutes April 5, 2021 _______________________________________________________________________ _______ Commissioner Dubiel said even though it looks like it is going to be a 5 X increase in the allotted lights, it is actually going to be a net reduction in light cast. Mr. Powers said yes. There was a parking lot on site that had 30-foot light standards throughout. Now there will be only pedestrian lighting. The lighting level will be consistent with the lighting at Golf Mill Park to the east of this location. Chairman Kanelos asked if there were any more questions from the Commissioners. There were none. Mr. Bruemmer added the Village feels this amount of lighting is necessary to ensure safety for the walking paths and parking lot on site. The Comprehensive Plan supports the collaboration between the Village and Park District on this and numerous projects in the future. Commissioner Dubiel addressed a question to Director of Community Development Charles Ostman. Perhaps the Zoning Board would like to revisit the four questions to receive a Zoning Variation. They are so strict that if they were to enforce this, they could not move forward with this absolutely beautiful, logical approach to this park. It is a net reduction not only in the light cast around the neighborhood but it is an absolute beautification in the whole area. As he reads Variation questions, the standard is so high and so strict that if he had to stick to those for this case, he would have to say no. Chairman Kanelos respectfully ruled that question out of order. It is not germane. It can be discussed at another time. He asked if there were other questions from the Commissioners or from the public. There were none. He entertained a motion. Commissioner Dubiel moved to approve item 21-ZP-08. This is a request for approval of a Variation from Niles Zoning Ordinance Section 9.2(B)(1) to increase the maximum allowable footcandle at any lot line from 1 to 5 at 9101 Greenwood Ave., Niles, IL 60714. Seconded by Commissioner Schulter, on roll call the vote was: AYES: 6 Dubiel, Karabatsos, DeBartolo, Schulter, McConville, Kanelos NAYS: 0 ABSENT: 1 Nakanishi There being six (6) affirmative votes the motion carried. 4. 21-ZP-11, 8884 Milwaukee Ave A request for a Special Use Permit to allow a ‘Currency Exchange ’ doing business as Golden Money Transfer at 8884 N Milwaukee Ave, Page 7 of 11 Planning and Zoning Board Final Approved Meeting Minutes April 5, 2021 _______________________________________________________________________ _______ Niles, Illinois 60714 as required by Section 8.2(A) of the Zoning Ordinance . Josephine Dulay, 9134 Lacrosse Ave., Skokie, IL 60077, the petitioner, came forward and was sworn in. Her currency exchange was located inside the Uni- Mart at 7315 W. Dempster in Niles. Chairman Kanelos asked if there were any questions from the Commissioners. There were none. He asked if there were comments from Staff. Mr. Bruemmer added this business has been in Niles for some time and was previously located in the mini mart at 7315 W. Dempster. This was an Asian grocery store that had some other businesses within. It was viewed as ancillary to the mart. Uni-Mart is now closed; this prompted Ms. Dulay to look for a different location in town. Once she applied for a business license, it was determined she needed to get a Special Use permit because of the Zoning Ordinance and because now it will be her own location. The primary business is sending remittances to the Philippines. They are not doing any other money transferring. The business will have three employees and will operate from 10:00-4:30 Monday-Friday and 10:00-3:00 on Saturdays and will be closed on Sundays. Chairman Kanelos asked if it was a full-service currency exchange when they were in the Uni-Mart or only doing remittances. Commissioner McConville asked the petitioner if she was also selling license plate stickers for the Secretary of State as many currency exchanges do. At this point, there was a breakdown in communication because Ms. Dulay was not understanding the questions being asked. Chairman Kanelos said the Board needs to do something about this kind of a problem in the future. There were no other questions from the Commissioners or the public. He entertained a motion. Commissioner Dubiel moved to approve item 21-ZP-11, a request for a Special Use Permit to allow a ‘Currency Exchange’ at 8884 N Milwaukee Ave, Niles, Illinois 60714 as required by Section 8.2(A) of the Zoning Ordinance Seconded by Commissioner DeBartolo, on roll call the vote was: AYES: 6 Dubiel, Karabatsos, DeBartolo, Schulter, McConville, Kanelos NAYS: 0 ABSENT: 1 Nakanishi There being six (6) affirmative votes the motion carried. Page 8 of 11 Planning and Zoning Board Final Approved Meeting Minutes April 5, 2021 _______________________________________________________________________ _______ 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 and anyone in the audience who would like to be informed of the Board of Trustees date should leave their name and address with the recording secretary. 5. 21-ZP-12, 9530 N Greenwood Ave A request for a Special Use Permit to allow ‘Vehicle, Marine and Recreational Vehicle Sales – Outdoor ’ at 9530 N Greenwood Ave, Niles, Illinois 60714 as required by Section 8.2(A) of the Zoning Ordinance. Simon Yu, Architect, 500 Lake Cook Rd., Deerfield, IL 60015 came to the podium and was sworn in. This is continuing a previous discussion that was before the Board in March to repair vehicles. They are now asking to sell vehicles as well. Chairman Kanelos asked if this is going to be a new car sales facility or used car. Mr. Yu answered both. Chairman Kanelos said there is a parking requirement of four parking spaces per 1,000 sq ft. He thinks they have plenty of that with 216 spaces. What he notices when he drives into a car lot, there are so many cars that it becomes difficult for the customer to park. Is there any requirement for facilities like this to have a certain amount of parking dedicated for customer use; or is it all parking in general. Mr. Ostman answered according to the Zoning Code it is all parking. Chairman Kanelos asked if he had any idea how many cars would be on the lot when the inventory is at that site. Mr. Yu has no idea. He added the south portion will be service; the north will have inventory and around the building will have customer parking. Mr. Bruemmer said this is the second phase of the project brought before this Board at the March meeting. This remodel will convert the rest of the interior into a showroom, sales floor and offices. The footprint of the existing building and the parking lot will remain largely the same with updates to the interior and façade. The applicant anticipates 60 employees at the dealership, with store hours being 9 AM – 9 PM Monday through Saturday. The dealership is tentatively being called Hawk General Motors. He added the following recommended conditions of approval:  Landscaping plan will be reviewed and approved by Community Development before issuance of a building permit. Page 9 of 11 Planning and Zoning Board Final Approved Meeting Minutes April 5, 2021 _______________________________________________________________________ _______  Must provide sidewalk infill along Greenwood Avenue per the Village’s Complete Streets Ordinance as part of the building permit application.  Must replace existing fence screening the property from adjacent residential properties. The petitioner has received a copy of these recommendations. Chairman Kanelos said he recalls that lot is right turn in and right turn out only. Mr. Ostman said no, it is full access on Greenwood. It will remain the same. Commissioner Dubiel moved to approve item 21-ZP-12, a request for a Special Use Permit to allow ‘Vehicle, Marine and Recreational Vehicle Sales – Outdoor’ at 9530 N Greenwood Ave, Niles, Illinois 60714 as required by Section 8.2(A) of the Zoning Ordinance. The petitioner has met the requirements as required by Section 15.3 (E) of the Village’s Zoning Ordinance with the following conditions for approval:  Landscaping plan will be reviewed and approved by Community Development before issuance of a building permit.  Must provide sidewalk infill along Greenwood Avenue per the Village’s Complete Streets Ordinance as part of the building permit application.  Must replace existing fence screening the property from adjacent residential properties. Seconded by Commissioner DeBartolo, on roll call the vote was: AYES: 6 Dubiel, Karabatsos, DeBartolo, Schulter, McConville, Kanelos NAYS: 0 ABSENT: 1 Nakanishi 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 and anyone in the audience who would like to be informed of the Board of Trustees date should leave their name and address with the recording secretary. DISCUSSIONS Chairman Kanelos asked Mr. Ostman if there could be a meeting in the future to discuss some of the issues Commissioner Dubiel brought up earlier in the meeting. Are the criteria state or local? Mr. Ostman is almost positive that is a state statute. He will verify that. Page 10 of 11 Planning and Zoning Board Final Approved Meeting Minutes April 5, 2021 _______________________________________________________________________ _______ Chairman Kanelos said Commissioner Dubiel is correct regarding the strict application. It would mean that there is not a single zoning request that could be approved. Commissioner McConville asked when they might resume in-person meetings. Mr. Ostman said there is no plan in place. Chairman Kanelos asked if this is a decision of the state or the Village. Mr. Ostman said it is from the administration in the Village of Niles. ADJOURNMENT Chairman Kanelos entertained a motion to adjourn. Commissioner DeBartolo moved to adjourn. Seconded by Commissioner Dubiel, on roll call the vote was: AYES: 6 DeBartolo, Schulter, McConville, Dubiel, Karabatsos, Kanelos NAYS: 0 ABSENT: 1 Nakanishi There being six (6) affirmative votes the motion carried The meeting adjourned at 7:45 p.m. Kathleen Janessa, Recording Secretary Page 11 of 11