Planning and Zoning Board

APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS January 9, 2012 The Niles Plan Commission and Zoning Board of Appeals was called to order at 7:00 P.M. Chairman Kanelos asked everyone to stand for the Pledge of Allegiance. Chairman Kanelos wished the Board and staff and members of the public and petitioners a happy, healthy and prosperous new year. Present along with Chairman Thomas Kanelos and Village Attorney Joseph Annunzio were Commissioners Thomas Surace, Angelo Troiani, Barbara Nakanishi and Robert Schulter. Also present was Charles Ostman, Director of Community Development and Richard Wlodarski, Assistant Director of Community Development. Vice-Chairman Karen Dimond and Commissioner Morgan Dubiel were absent. Chairman Kanelos asked if there were any additions, clarifications or corrections to the minutes of November 7, 2011. There were none. Commissioner Surace moved to approve the minutes of November 7, 2011. Seconded by Commissioner Nakanishi, on roll call the vote was: AYES: 5 Surace, Troiani, Nakanishi, Schulter, Kanelos NAYS: 0 ABSENT: 2 Dimond, Dubiel There being five (5) affirmative votes the motion carried. Vice-Chairman Dimond arrived at 7:05. ANNOUNCEMENTS Chairman Kanelos announced there was a thank you note from Kathy, our secretary. Second announcement is the memorandum from Chuck Ostman regarding the Freedom of Information and Open Meeting Act required training. He reminded the Board that it must be done – the sooner the better so everyone is in compliance. Attorney Annunzio said the law also states you must be in compliance by taking the class with the AG’s [Attorney General] office. You don’t have to show that certificate to anyone or bring it for anyone to see; you don’t have to Page 1 of 11  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS January 9, 2012 prove it to him, Chuck or the Mayor. But the fact is you are responsible for taking the class and if the question comes up you do have the certificate to show. OLD BUSINESS None NEW BUSINESS 12-ZP-01 Michael Bieniek, AICP Zoning Director 606 Dundee Ave. Elgin, Illinois 60120 Requesting a Special Use to Appendix B Section IXA (B)(5)(a) to replace six existing and install three new antennas on an existing monopole cell tower at 7000 Touhy Ave., Niles, IL 60714 12-ZP-02 Michael Bieniek, AICP Zoning Director 606 Dundee Ave. Elgin, Illinois 60120 Requesting a Special Use to Appendix B Section IX (B)(2)(d) to replace eight existing and install three new antennas on an existing monopole cell tower at 7720 N. Lehigh Ave., Niles, IL 60714 12-ZP-03 Hee Kim, Owner 43 Sussex Circle Vernon Hills, Illinois 60061 Requesting approval of a Special Use to Appendix B Section VIII (B)(3)(z) to operate a full service restaurant and to Appendix B Section X (B)(10)(nn) for the parking credit at 8526 W. Golf Rd., #L, Niles, IL 60714 12-ZP-04 Douglas Pasma, Architect 1601 Sherman Ave. Evanston, Illinois 60201 Requesting an Amendment to Special Use ordinance 2004-41 for expansion of existing use and a variation to Appendix B Section VII (B)(14) to increase the maximum impermeable surface to 75% from the required 60% at 7333 N. Caldwell Ave., Niles, IL 60714 Page 2 of 11  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS January 9, 2012 Chairman Kanelos called for the first item on the agenda. 12-ZP-01 Michael Bieniek, AICP Zoning Director 606 Dundee Ave. Elgin, Illinois 60120 Requesting a Special Use to Appendix B Section IXA (B)(5)(a) to replace six existing and install three new antennas on an existing monopole cell tower at 7000 Touhy Ave., Niles, IL 60714 Mr. Ostman, Mr. Wlodarski and the Recording Secretary did not realize the microphone at the podium was not operating properly. Anything said at the podium during the rest of the meeting will be summarized as accurately as possible. Richard Wlodarski stepped to the podium. Legal notice was published for all three cases in front of you tonight on December 22, 2011 in The Bugle Newspaper and letters were mailed out to all properties located within 250 feet of the subject property. [Mr. Wlodarski submitted his written notes to the Recording Secretary to summarize his presentations.] The 150’ monopole was erected in 2002 at the same time the Police Department was built. MSA, Municipal Services Associates Inc., the communications consultant for the Village of Niles, has reviewed this request and made a recommendation to approve. The Community Development Department has also reviewed this request and recommends approval with the following conditions: the equipment, antennas, microwave dishes and coaxial cable, which extends from the transmission equipment to the antennas shall be painted to match the color of the monopole to minimize any potential visual impact on surrounding properties. This Board is a recommending Board to the Board of Trustees. Chairman Kanelos asked if there were any questions for Mr. Wlodarski. There were none. Likewise there were no questions from the public. At this time Michael Bieniek, LCC Law, 606 Dundee Ave., Elgin, IL 60120 stepped to the podium and was sworn in. He said he had been in front of the Board a couple of months ago with a similar petition. This is what is called an LTE upgrade to the tower for 4g technology. This upgrade is splitting off the broadband network and the wireless customers will go to the regular use again. This is so the network is not overwhelmed. Page 3 of 11  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS January 9, 2012 Commissioner Troiani asked if Mr. Bieniek read the recommendation from the Village. In the event something gets disturbed, damaged or there is radio interference with the Village of Niles, it would be repaired at his own cost. Mr. Bieniek said that is standard practice under the FCC license. Vice-Chairman Dimond asked about bonding for the project. Mr. Ostman said he would have to refer to the Village Attorney to respond to that. Mr. Annunzio asked if there ever was a bonding requirement in one of these situations. He did not see one in the ordinance that requires a bond. It is a nice idea but can’t make it a requirement. Mr. Bieniek said bonds are typically requested if the project is on municipal property. Those are usually in place during construction [a construction bond] and not when things are being changed on the existing monopole. Commissioner Schulter believes the wording is based on what AT&T is re- doing at the time. That is why Bill Shaw requested the bond. It is in the memorandum from Bill Shaw, the MIS Director, to Chuck Ostman. Vice-Chairman Dimond understood it to mean the people doing the construction would need to provide a bond in case there was damage. Commissioner Schulter told Mr. Bieniek this is Village owned property. What is the approximate bond amount they give? Mr. Bieniek said it varies. Commissioner Schulter said he understands it is not a requirement from the Village, but a Village employee is requesting it. Attorney Annunzio said if it is important to have a bond for these types of projects, you can make a recommendation to an ordinance, bring it up to the Board and have them vote on it; then have it incorporated into the law itself. You just can’t require people to do things that aren’t in the ordinance. Page 4 of 11  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS January 9, 2012 Chairman Kanelos said after the final case the Board can entertain a motion as a recommendation to the Board of Trustees; but for now we can’t require any kind of a bond. Vice-Chairman Dimond had a question for Attorney Annunzio. The same memo makes another recommendation. Do you know if we can add this kind of language in a motion to approve? Mr. Annunzio said you could add it but it is something they have to do anyway. Chairman Kanelos asked Vice-Chairman Dimond to read the portion she is referring to. She read: In the event during the course of the project any damage to the Village Antenna facilities including antennas and cabling shall be the responsibility of AT&T, including its subcontractors…… Mr. Bieniek responded the problem he sees is what if something is already damaged and not mentioned prior to construction. Chairman Kanelos asked Mr. Annunzio if the Board had the authority to add that first sentence as a condition of the approval. Mr. Annunzio said you can add it but what is AT&T going to do to protect themselves. Commissioner Schulter asked Mr. Bieniek if he had seen this memorandum document. He had not, nor had AT&T. Chairman Kanelos said they place conditions all the time that the petitioner has not seen. There were no more questions from the Commissioners; no more questions from the public. At this time, he entertained a motion. Vice-Chairman Dimond said with respect to 12-ZP-01 Michael Bieniek, AICP Zoning Director, 606 Dundee Ave., Elgin, Illinois 60120 requesting a Special Use to Appendix B Section IXA (B)(5)(a) to replace six existing and install three new antennas on an existing monopole cell tower at 7000 Touhy Ave., Niles, IL 60714 and a condition of granting this Special Use be the following: in the event during the course of the project any damage to the Village Antenna facilities including antennas and cabling occurs, that damage shall be the responsibility of AT&T, including its subcontractors and AT&T shall Page 5 of 11  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS January 9, 2012 pay for any repair or replacement costs in the event that damage to the Village antennas facilities or cabling should occur as a result of AT&T’s actions. In addition AT&T and subcontractors shall take all necessary actions and precautions to prevent disruption of Village radio transmissions that are relayed through AT&T’s tower at 7000 W. Touhy Ave. In conjunction that they grant this Special Use, they also find this Special Use is necessary for the public convenience; that the public health, safety and welfare will in no way be jeopardized and that the changes will not cause any substantial injury to the value of other property in the neighborhood in which it is located. Chairman Kanelos said before this is seconded will you add the condition from Chuck Ostman regarding the color. The equipment antennas, microwave dish and coaxial cable that extends from the transmission equipment to the antenna shall be painted to match the color of the monopole to minimize any potential visual impact on surrounding properties. Vice-Chairman Dimond said she would like to add that condition. Seconded by Commissioner Schulter, on roll call the vote was: AYES: 6 Dimond, Surace, Troiani, Nakanishi, Schulter, Kanelos NAYS: 0 ABSENT: 1 Dubiel There being six (6) affirmative votes the motion carried. Chairman Kanelos said for the record this packet shall be noted as Exhibit A for 12-ZP-01. Chairman Kanelos called for the second item on the agenda. 12-ZP-02 Michael Bieniek, AICP Zoning Director 606 Dundee Ave. Elgin, Illinois 60120 Requesting a Special Use to Appendix B Section IX (B)(2)(d) to replace eight existing and install three new antennas on an existing monopole cell tower at 7720 N. Lehigh Ave., Niles, IL 60714 Mr. Wlodarski stepped to the podium to present 12-ZP-02. This is a similar case to the one just heard. Subject property is 7720 N. Lehigh. The 150’ monopole was erected in 1986. There are four current carriers located on the Page 6 of 11  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS January 9, 2012 tower, AT&T being one of them. They are requesting addition of three new antennas and replacement of eight existing antennas. MSA, Municipal Services Associates Inc., the communications consultant for the Village of Niles, has reviewed this request and has made a recommendation to approve. The Community Development Department has also reviewed this request and recommends approval with the following conditions: the equipment, antennas, microwave dishes and coaxial cable, which extends from the transmission equipment to the antennas shall be painted to match to the color of the monopole to minimize any potential visual impact on surround properties. This Board is a recommending Board to the Board of Trustees. Chairman Kanelos asked if there were any questions from the Commissioners for Mr. Wlodarski. Vice-Chairman Dimond noticed the language on this application is a little different from the one prior. It refers to an amendment Special Use ordinance. Is that a typo or is there some significance? Mr. Wlodarski said their department is looking at all the Special Uses from this point forward that have already been existing on towers. Unless it is completely brand new, we can make the adjustment as an amendment. Chairman Kanelos said so once a motion is made, he is assuming the proper wording would be to request an “amendment” to the Special Use of whoever makes the motion. There were no other questions for Mr. Wlodarski from the Commissioners or from the public. Mr. Bieniek stepped to the podium. He was still under oath from tonight’s first item. He said he didn’t have anything to add except to suggest the wording on the recommendation of the first one and on the photos it looks like the antennas match the tower but in some cases the antennas are white and the tower is silver; so if you word it so the antennas match the tower, you might have some silver antennas and some white ones. This is just a thought. You might want to word it “to match the existing equipment.” The purpose for this case is the same: for additional LTE capacity. Vice-Chairman Dimond said in the last case, the Board was concerned about damage to the surrounding building and there is a public building right Page 7 of 11  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS January 9, 2012 beneath it. This one appears to be in an open, grassy area. Mr. Bieniek said correct. AT&T does hold their contractors liable. Before they pay their contractors they have to provide proof that everything is order. At this time there were no other questions from the Commissioners or the public. Let the records show the packet given to the Board is Exhibit A for 12-ZP-02. Chairman Kanelos then entertained a motion. Vice-Chairman Dimond made a motion with respect to item 12-ZP-02 - Michael Bieniek, AICP Zoning Director, 606 Dundee Ave., Elgin, Illinois 60120 - requesting an amendment to Special Use ordinance 2008-46 to replace eight existing and install three new antennas [this is also an amendment to Special Use ordinance 1987-89] on an existing monopole cell tower at 7720 N. Lehigh Ave., Niles, IL 60714. As a condition she added the equipment, antenna, microwave dish and coaxial cable that extend from the transmission equipment to the antenna shall be painted to match the color of the other equipment to minimize any potential visual impact on surrounding properties. She also moved to find the Special Use is necessary for the public convenience; that the public health, safety and welfare will in no way be jeopardized by this change, and it will not cause any substantial injury to the value of other property of the neighborhood in which it is located. Seconded by Commissioner Surace, on roll call the vote was: AYES: 6 Dimond, Surace, Troiani, Nakanishi, Schulter, Kanelos NAYS: 0 ABSENT: 1 Dubiel There being six (6) affirmative votes the motion carried. Chairman Kanelos called for the next item on the agenda. 12-ZP-03 Hee Kim, Owner 43 Sussex Circle Vernon Hills, Illinois 60061 Requesting approval of a Special Use to Appendix B Section VIII (B)(3)(z) to operate a full service restaurant and to Appendix B Section X (B)(10)(nn) for the parking credit at 8526 W. Golf Rd., #L, Niles, IL 60714 Mr. Wlodarski stepped to the podium. This request is for Special Use to open a restaurant located at 8526 W. Golf Rd., Unit L, in the Golf Milwaukee Page 8 of 11  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS January 9, 2012 Plaza. This 1,500 sq. ft. space was previously occupied by Akanksha/SJH, a retail garment store, until September 2009 and has been vacant since then. The proposed restaurant will have approximately 18 seats. Per the zoning ordinance, Appendix B Section X (B) (10) (nn) credits may be given by the Village Board if it can be demonstrated with detailed data and supporting information that there will be no parking deficiencies. Manhard Consulting’s report demonstrates that there will be no parking concerns for the proposed restaurant expansion. The Community Development Department has reviewed this request and has no objections in granting this Special Use. This Board is a recommending Board to the Board of Trustees. Chairman Kanelos asked if there were any questions from the Commissioners for Mr. Wlodarski. There were none. There were no questions from the public. At this time the petitioner was called to the podium. Jose Paz, the petitioner’s architect, stepped to the podium and was sworn in. [Inaudible.] Vice-Chairman Dimond asked if the new space is immediately next to his other restaurant. Mr. Paz said yes. Commissioner Surace feels that it seems like a small amount of parking for the type of stores in that little section. Manhard Consulting states at five different observations the lot was only 5 to 10% full – that means 90% is not. This is something that puzzles him. Chairman Kanelos asked if there were other questions from the Commissioners. There were none. There were no questions from the public either. He then entertained a motion with this request. This needs to be addressed as two separate motions: one for the parking credits and one for the Special Use. Vice-Chairman Dimond moved that item 12-ZP-03 - approval for a parking variation brought by Hee Kim, Owner, 43 Sussex Circle, Vernon Hills, Illinois Page 9 of 11  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS January 9, 2012 60061 - requesting a credit pursuant to Appendix B Section X (B)(10)(nn) for the parking credit at 8526 W. Golf Rd., #L, Niles, IL 60714 be granted. Seconded by Commissioner Nakanishi, on roll call the vote was: AYES: 6 Dimond, Surace, Troiani, Nakanishi, Schulter, Kanelos NAYS: 0 ABSENT: 1 Dubiel There being six (6) affirmative votes the motion carried. Chairman Kanelos then entertained a motion on the Special Use portion of this case. Vice-Chairman Dimond moved that item 12-ZP-03 - Hee Kim, Owner, 43 Sussex Circle, Vernon Hills, Illinois, 60061 - requesting approval of a Special Use to Appendix B Section VIII (B)(3)(z) to operate a full service restaurant at 8526 W. Golf Rd., #L, Niles, IL 60714 be approved. In conjunction with that approval she also finds this Special Use is necessary for the public convenience; that the public health, safety and welfare will in no way be jeopardized by this new restaurant, and it will not cause any substantial injury to the value of other property of the neighborhood in which it is located. Seconded by Commissioner Nakanishi, on roll call the vote was: AYES: 6 Dimond, Surace, Troiani, Nakanishi, Schulter, Kanelos NAYS: 0 ABSENT: 1 Dubiel There being six (6) affirmative votes the motion carried. Chairman Kanelos acknowledged that item 12-ZP-04, at the request of the petitioner, has been continued to the February Zoning Board meeting. At that time he entertained a motion for continuance until February 6, 2012. Commissioner Troiani moved 12-ZP-04 requesting an Amendment to Special Use ordinance 2004-41 for expansion of existing use and a variation to Appendix B Section VII (B)(14) to increase the maximum impermeable surface to 75% from the required 60% at 7333 N. Caldwell Ave., Niles, IL 60714 be continued to the February 6, 2012 Zoning Board meeting. Seconded by Commissioner Surace, on roll call the vote was: AYES: 6 Dimond, Surace, Troiani, Nakanishi, Schulter, Kanelos NAYS: 0 ABSENT: 1 Dubiel Page 10 of 11  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS January 9, 2012 There being six (6) affirmative votes the motion carried. The Commissioners were told to save the packet of information regarding 12- ZP-04 until the next meeting. If there are any changes, the Community Development Department will replace those packets. Chairman Kanelos asked if there was any other new business regarding recommendations to the Board of Trustees. There was none. At this time he entertained a motion to adjourn. Commissioner Surace moved to adjourn the meeting. Seconded by Commissioner Nakanishi, on roll call the vote was: AYES: 6 Dimond, Surace, Troiani, Nakanishi, Schulter, Kanelos NAYS: 0 ABSENT: 1 Dubiel There being six (6) affirmative votes the motion carried. The meeting adjourned at 8:40 p.m. Kathleen Janessa, Recording Secretary Page 11 of 11