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 7, 2013 The Niles Plan Commission and Zoning Board of Appeals was called to order at 7:01 P.M. Chairman Kanelos asked everyone to stand for the Pledge of Allegiance. Present along with Chairman Thomas Kanelos was Village Attorney Joseph Annunzio, Commissioners Karen Dimond, Thomas Surace, Angelo Troiani, Barbara Nakanishi and Morgan Dubiel. Also present was Charles Ostman, Director of Community Development and Bruce Sylvester, Senior Planner. Commissioner Robert Schulter was absent. Chairman Kanelos asked if there were any additions, clarifications or corrections to the minutes of November 5, 2012. There were none. Vice-Chairman Dimond moved to approve the minutes of November 5, 2012. Seconded by Commissioner Dubiel, on roll call the vote was: AYES: 6 Dimond, Surace, Troiani, Nakanishi, Dubiel, Kanelos NAYS: 0 ABSENT: 1 Schulter There being six (6) affirmative votes the motion carried. NEW BUSINESS 13-ZP-01 Charles F. Ostman, Director Department of Community Development 1000 Civic Center Dr. Niles, Illinois 60714 Requesting amending Appendix B, Section VIII (B)(3)(i): Developments containing either a permitted or Special Use listed in the B1 retail business district of this Subsection (B), Section VIII, occupying a parcel of land two acres or more in area. Inserting the following language in Appendix B, Section C (3)(k): Developments containing either a permitted or Special Use listed in the B2 service business district of this Subsection (C), Section VIII, occupying a parcel of land two acres or more in area. 13-ZP-02 Tadeusz Malkouski 8044 N. Milwaukee Ave. Niles, IL 60714 Page 1 of 13  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS January 7, 2013 Requesting a Special Use under Sign Code to Section 78-171 of the sign ordinance. DISCUSSIONS General discussion on interpretation of Section VII (A)(6) residential districts (a) appearance. General discussion on Special Uses. Chairman Kanelos called for the first item on the agenda. 13-ZP-01 Charles F. Ostman, Director Department of Community Development 1000 Civic Center Dr. Niles, Illinois 60714 Requesting amending Appendix B, Section VIII (B)(3)(i): Developments containing either a permitted or Special Use listed in the B1 retail business district of this Subsection (B), Section VIII, occupying a parcel of land two acres or more in area. Inserting the following language in Appendix B, Section C (3)(k): Developments containing either a permitted or Special Use listed in the B2 service business district of this Subsection (C), Section VIII, occupying a parcel of land two acres or more in area. Charles Ostman, Director of Community Development, stepped to the podium to present case 13-ZP-01. This does not require a legal notice in the newspaper. It is listed on the agenda as an agenda item. He is requesting a text amendment to zoning code Appendix B. The current zoning code dates back to 1965. At that time the Village had many areas that were five acres or more still remaining to be developed and the zoning code was current at that time. Although this section did not apply on many occasions, the proposed text amendment is more important today to protect the redevelopment and the permitted uses that may not be in the Village’s best interest compared to the uses dating back to 1965. He is proposing to amend the text in Section VIII (B)(3)(i) to amend the five acres to read two acres or more; then inserting the following language in Section C (3)(k) which inserts the same language but in the B2 zoning district. With Community Development having the zoning code rewritten over the next year to fifteen months, having this amended language in place will allow the department the necessary control Page 2 of 13  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS January 7, 2013 until the new zoning code is reviewed in its entirety. An example of the text amendment and the language insertion in the B2 district is that because the zoning code does date back to 1965, permitted uses were different than what they would write the code today. If a developer would go near Golf Mill in a prime retail area and decide to knock down a prime retail building that was producing sales tax to the Village as revenue, they could easily put in an office building in that location in the five acres or so. It is important to not take it all the way down to zero acres but bring it down to two acres so the Village has some control in case they came across something like he just mentioned – prime real estate they look upon as retail could end up with non- retail in there. The last part he commented on in the memo is that this Board should also consider a text amendment to any development of any size in B1 or B2 to go in front of the Plan Commission for review. He then deferred to Bruce Sylvester, Senior Planner. Mr. Sylvester stepped to the podium. He and Chuck have discussed this revision to the zoning procedures so any new development or redevelopment within the Village, even for a permitted use, even for a small parcel, at a minimum, would need to come in front of this Board as the Plan Commission for review. One of the goals accomplished through this process would be to require or encourage a higher level of aesthetics, i.e. improvements to landscaping, improvements to design, etc. It wouldn’t require any type of public hearing or neighborhood notification. If it is comfortable for you [this Board] it wouldn’t necessarily even have to go before the Village Board. Rather than simply being permitted and built without any Village review, it would at least give this Board, as representatives of the community, a chance to comment on proposals before they are built. Commissioner Dubiel asked if Mr. Sylvester could walk the Board through an example of how it would work. Mr. Sylvester said he understands there are some developments that require no city review or approval. Then there are other kinds, like Special Use permits, that have quite an extensive review and approval procedure such as public hearings, neighborhood notifications, etc. Commissioner Dubiel said by development, do you mean change of use? Mr. Sylvester said not necessarily change of use but any new construction. That is anything that would create a new building, a new addition onto a Page 3 of 13  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS January 7, 2013 building, substantial modifications to parking areas, etc. So if it is an existing building and the use changes, what he is describing and what Chuck is recommending, would not happen. Use changes wouldn’t necessarily trigger this review process. But if someone wants to put up a new building, tear something down and put up something in its place or put an addition onto a building, the idea is that it will have a lasting impact on the community and there should be some review and ability for this Board representing the community to review and approve it before a permit is issued. Mr. Ostman gave as an example Harts Plaza that was recently constructed. The only reason it came in front of this Board is that it needed a variation; not for review of the building itself. We are now proposing a change in the text amendment to where a development like that would have to come in front of this Board for approval. That is the sole purpose of it. They still want to encourage developers to come into town. This happens in other municipalities where it comes in front of the planning commission. Bruce Sylvester will do his job and hopefully bring in some developments that will meet this Board’s requirements. We want to still keep the process short and encourage development in Niles and not to lengthen or increase the amount of red tape. Chairman Kanelos asked if this was in addition to their role as appearance review, like the issue they had several months back. Will they be receiving additional criteria? Mr. Sylvester said he is not familiar yet if Niles has any extensive design requirements. Where he previously worked for nine years, there was a requirement in the zoning ordinance that said any new development or new construction needed to be of high quality and to be approved by the Plan Commission for appearance. There were no criteria; no detailed listing that it has to look like this or like that. Chairman Kanelos thinks it said if it doesn’t appear to meet those requirements it then comes here [meaning before the Board] otherwise they don’t see anything for review of appearance. Mr. Ostman said they don’t see anything for appearance at all. The one section he thinks Chairman Kanelos is referring to only applies to residential zoning district. Page 4 of 13  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS January 7, 2013 Chairman Kanelos asked if this is adding business. Mr. Ostman said this will add business but each time there is development or redevelopment where there’s a tear down, it’s not going to be his decision whether or not it comes in front of this Board; it will all come to the Board for every development or redevelopment. Vice-Chairman Dimond asked if this would be any type of development in B1 or B2 district. Is there any idea of how many that would be? Mr. Ostman said yes to any type of development. He said it is not going to be that many when you think about how much construction they’ve had. Now they are coming out of a recession and there is some development or redevelopment starting to occur. They are getting more inquiries and want to make sure the development is done the right way. If you think about it, there isn’t that much new commercial construction in the Village right now. If he sees four or five a year that would be average once the economy gets moving. Commissioner Dubiel said if he were going to gut a property….. Mr. Ostman said it is only for redevelopment. Commissioner Dubiel said so if he were to expand say like a Jerry’s expansion when they expanded to the north, is that an example? Mr. Ostman said he believes that would fall into that language. Commissioner Dubiel then asked for some other examples that the Board would have seen but did not. Mr. Ostman said an example is the first phase of Fountain Plaza where CVS and Starbucks are [at Touhy & Milwaukee Avenues]. That turned out well. Short of having a planner on staff, we kept increasing the standards within the department and have a good working relationship with the developers. Another development is the Firestone on Dempster; one coming up is an out lot building at Golf Mill. He was afraid they would want to put up just another square box without any architectural aesthetics. Bruce has a lot of experience in that and he will work closely with the developer and the Page 5 of 13  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS January 7, 2013 architect and hopefully bring to this Board something that is pleasing. Commissioner Dubiel said so the main thing here is the aesthetics. What authority would the Board have to disapprove their design? Mr. Sylvester said the example they are suggesting is there are zoning rules and to make sure the Board has the opportunity for any new development to verify that all the requirements in the zoning code are met. If there are landscaping requirements, staff does that but it also gives the Board the opportunity to look at the development proposal and say: you are supposed to have this many trees, and this many shrubs and this many flower beds. Show us where you are providing that. The basis for denial would be if the requirements of the zoning code are being satisfied or not. Commissioner Dubiel said right now that is happening anyway. No one would ever install and be short. The staff would go and inspect to make sure the landscaping specs are being met. Mr. Ostman said Bruce has only been here for thirty days. His recommendation is let them go ahead and do all the research that is required for this and let them bring it to the Board in a month or two. At that time there can be some good, in depth discussion. Hopefully they will have a lot of the answers for the Board. Commissioner Dubiel said then this is being tabled for now. Mr. Ostman said no. This is altogether different. This is to make sure if a property is being developed, two acres or more, whether or not it is a permitted use, still has to come in front of this Board. This Board has to consider that even that permitted use is appropriate for that location. This is different than what you will have to consider in a month or two. This takes all permitted uses into the Special Use category when a piece of property two acres or more is being developed or redeveloped. This is until the zoning code is up to date. This is one item the Board will be voting on tonight; the other item will be consideration of whether or not all development, even the permitted uses, will stay permitted but the development itself will come in front of this Board. Chairman Kanelos asked if there were any other questions from the Commissioners. There were none. He asked if there were questions from the Page 6 of 13  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS January 7, 2013 public. There were none. He then entertained a motion. Commissioner Troiani moved that 13-ZP-01 requesting amending Appendix B, Section VIII (B)(3)(i): Developments containing either a permitted or Special Use listed in the B1 retail business district of this Subsection (B), Section VIII, occupying a parcel of land two acres or more in area. Inserting the following language in Appendix B, Section C (3)(k): Developments containing either a permitted or Special Use listed in the B2 service business district of this Subsection (C), Section VIII, occupying a parcel of land two acres or more in area be approved. Seconded by Commissioner Surace, on roll call the vote was: AYES: 6 Dimond, Surace, Troiani, Nakanishi, Dubiel, 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 decision. It will be necessary, if anyone would like to know when they will hear this agenda, to leave your name tonight and you will be notified as to the date. He then called for the next item on the agenda. 13-ZP-02 Tadeusz Malkouski 8044 N. Milwaukee Ave. Niles, IL 60714 Requesting a Special Use under sign code to Section 78-171 of the sign ordinance. Mr. Ostman presented this case. This is petition 13-ZP-02. It is a request from a business owner to request a Special Use under the sign code. The location is 8044 N. Milwaukee Ave. The name of the business is Atlantis Jewelry and they are requesting relief from this particular section of the sign code. The business retains control of the ground sign located directly in front of the business. The previous business, Windjammer Travel, installed the ground sign for their own use. According to the current business owner [who now occupies the former Windjammer Travel] they have full rights to this ground sign; however they have shared this sign with the adjacent business Music for You. The business Music for You closed recently and Atlantis Jewelry has applied for a permit to retain full control again of the ground Page 7 of 13  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS January 7, 2013 sign and install a new sign face. The business, in refacing the ground sign, exceeds the new sign code for the total area permitted for that business. The storefront is 26’ wide which permits the business up to three times if the property qualifies for a ground sign. The total area permitted by Atlantis Jewelry is 78 sq. ft. The total sign area, which would include the ground sign, is 130 sq. ft. The staff summary of 78-92.1 indicates that any sign permit request exceeding the permitted amount of sign area permitted requires a Special Use permit under the sign code. This Special Use is different from a Special Use in the zoning code as he indicated. Consideration should be given to this request for possible other businesses that would be permitted a ground sign until 2026 under the new sign code, but possibly would have the business name changed or the sign damaged and require replacement. The zoning code of appeals must follow the standards for a Special Use listed in Section 78-208. Article 7, Section 78-171 provides for amortization of signs to allow conformance with the current sign code by January 1, 2026. The ground sign currently has a status of legal, non- conforming to be eligible for the 2026 date. Chairman Kanelos said basically this business has the option of either leaving the sign up there with a business listed on the sign that no longer exists or applying for this Special Use, correct? Mr. Ostman said they would have three options. 1) Coming in front of this Board and asking for relief from that section. 2) Remove the ground sign; put a blank face in there. 3) Put a new face in the ground sign but remove all existing signage that is in his front window that has been up since day one. Commissioner Dubiel said this ground sign has not caused any problems historically, correct? There is no public safety issue or visibility issue, correct? Is it in harmony with building? No one else feels it injurious to their own property in the immediate vicinity, right? Mr. Ostman answered yes to all questions. But this does not require notice to any adjacent businesses or legal notice in the paper – just a ten day notice to the Director of Community Development to appeal to the Zoning Board of Appeals. Commissioner Dubiel asked if this was going to impede additional signs to be installed in that area. Page 8 of 13  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS January 7, 2013 Mr. Ostman answered no. Commissioner Dubiel said there is some amortization allowed. Under that they can allow this to conform to applicable regulations as of 2026, correct? Mr. Ostman said correct. Commissioner Troiani said if they are not going to be doing this work in the future, why should the Board make a ruling these people are going to have to live with for ten years? If the Board tells them they can or cannot do this with their non-conforming sign right now, why should they vote on this now if they are going to have a non-conforming new sign in ten years? Mr. Ostman said this is a legal non-conforming sign. It was put up with a permit. What this Board, along with the Building and Zoning Committee and the Village’s elected officials, decided is those people that properly apply for the permit and obtained the permit to put up a sign, although it is a non- conforming, it still has a status until 2026 as being legal non-conforming. It just doesn’t conform to today’s new sign code but it was legally installed. Commissioner Troiani said the Board is going to change this in 2026 anyway. Mr. Ostman said in 2026 all of the businesses in town have to comply with the new sign code. Unfortunately the way the sign code is written, there are a lot of businesses in town that are in the same situation. It is proper to bring it up to the Zoning Board of Appeals but all these other businesses may have legal, non-conforming signs too. Because either the sign face is damaged or they changed the name of the business – just for those two simple reasons – all of a sudden they fall into the same category as “you can’t use that ground sign anymore.” That is something they didn’t think about when they rewrote the sign code. All good language they have in the code he thinks is right. The business comes in front of this Board and asks for a relief of this section so they can keep the sign code intact. He thinks this will only come up once or twice a year. Chairman Kanelos said if this were denied it would have a negative impact on many businesses in the Village of Niles. Mr. Ostman said yes, it would. Page 9 of 13  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS January 7, 2013 Chairman Kanelos said it would make it if their sign was damaged or if the current owner changes their name, they could not still be the recipient of that thirteen year grace period through 2026. If the business changes hands then the new owner has to comply. The amortization does not apply to a new owner, correct? Mr. Ostman said they could possibly not replace it if they were over in signage. Chairman Kanelos said if they are legal non-conforming and something happens to their sign, they would have a problem and that impacts a lot of businesses. Mr. Ostman said yes. Chairman Kanelos said if the business changes hands then the new owner has to comply. The amortization does not apply to the new owner. So if the business changes hands then they don’t have the same benefit as the current owner changing a name or fixing a damaged sign, right? Mr. Ostman said that is correct, unless that new owner wanted to come in front of this Board. The ground sign is legal non-conforming and it will always be there. If for some reason Atlantis Jewelry moved out and there is another business coming in and they are buying brand new signage, there is no reason why that couldn’t comply with the sign code. Chairman Kanelos said the new sign code. So they would not have until 2026 to comply. Mr. Ostman said yes, for the total area of sign, they would not have until 2026. Commissioner Troiani asked about the signage on the windows of Atlantis Jewelry now. Is that illegal? Mr. Ostman displayed the front window of Atlantis Jewelry on the overhead. Everything is legal except for the sign that says “We Buy Gold.” It was put up without a permit. He has not yet asked the business owner about it. That is an animated sign and would have to comply with Special Use. It is considered an electronic sign. The sign above it is an electronic sign but it Page 10 of 13  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS January 7, 2013 was put up before the change in the sign code. The business owner is going to be advised to either take it down or come back here for a permit. Vice-Chairman Dimond asked if something else moved into the space left by Music for You. Mr. Ostman said no. The landlord has given full use to Atlantis Jewelry in that space since they pay for the electric too. Vice-Chairman Dimond said if Atlantis Jewelry removed all this other signage in their window, would they comply? Mr. Ostman said yes. There are a lot of other businesses in the same situation and it would cause them to remove much of their signage that is in existence. That was not the intent of the sign code for existing businesses, in his opinion. Commissioner Dubiel said the current sign is inaccurate. His comment is they have created a pretty high standard here. For a new person to come and take over, they have a huge hoop to leap through versus an existing business that is allowed to be amortized until 2026 on their signage issues. His concern is malls like this are under enormous pressure; very often only 25% to 50% are occupied and barely making it. This may be something that should be reviewed and the Board sensitive to as they are deciding to redevelop an area and encourage a developer to come in or to take a look at the effect it is having on the rental and sales community in the smaller malls. Chairman Kanelos asked if the petitioner was present. Mr. Ostman said when the petitioner comes to the podium he would like to clarify the issue of the one electronic sign before any type of relief is granted. Chairman Kanelos asked if it would help if they made it a condition. Mr. Ostman said the Board can do that but they also have other means to take care of it. Chairman Kanelos said all they can do is say, if they approve the ground sign, that a condition is the illegal electronic sign currently in the window must come down immediately and he must go through the process to get a Page 11 of 13  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS January 7, 2013 permit for that. Tadeusz Malkouski, 8044 N. Milwaukee Ave., Niles stepped to the podium. He was accompanied by his son Andy Malkouski, 9228 Oak Park Ave., Morton Grove. Andy helps his father with the business. They were sworn in by Chairman Kanelos. Andy Malkouski added that Music for You did go out of business and they have no problem removing the “We Buy Gold” sign. His father didn’t know he had to get a permit. People come by the store all the time and ask where Music for You is. They tell them it is are gone. It is misleading to the community. His father would cover all the costs of replacing the face of the sign. He would continue to maintain it to the proper standards. Commissioner Dubiel said the proposed new sign is much more attractive than the existing sign. [It is shown on the overhead.] However it is not in keeping with the front entrance to the store. Chairman Kanelos said that comment doesn’t belong in this discussion but thank you. He then asked if there were any more questions from the Commissioners for the petitioners. There were none. There were no questions from the public either. At this time he entertained a motion. Commissioner Dubiel moved to approve 13-ZP-02 requesting a Special Use under sign code to section 78-171 of the sign ordinance. It meets Section 78- 208 Standards for Special Use as established by the testimony from Mr. Ostman and the owners heard today; Sections A 1, 2, 3, 4 and 5 being satisfied with the condition that any illegal signage be taken down immediately. No modification will be made until the illegal signage is taken down. Seconded by Commissioner Nakanishi, on roll call the vote was: AYES: 6 Dimond, Surace, Troiani, Nakanishi, Dubiel, 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 decision. It will be necessary for the petitioner to contact Mr. Ostman, Director of Community Development, and ask to be placed on the Board of Trustees agenda. The Page 12 of 13  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS January 7, 2013 petitioner will be notified of the date. If anyone in the audience would like to be informed as to the date this case will be heard by the Board of Trustees please leave your name and address with the secretary and you will be notified. The following item was tabled until the next meeting. DISCUSSIONS General discussion on interpretation of Section VII (A)(6) residential districts (a) appearance. General discussion on Special Uses. Chairman Kanelos then entertained a motion to adjourn. Commissioner Dubiel moved to adjourn. Seconded by Commissioner Surace, on roll call the vote was: AYES: 6 Dimond, Surace, Troiani, Nakanishi, Dubiel, Kanelos NAYS: 0 ABSENT: 1 Schulter There being six (6) affirmative votes the motion carried. The meeting adjourned at 7:43 p.m. Kathleen Janessa, Recording Secretary Page 13 of 13