Planning and Zoning Board

APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS May 6, 2013 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. Present along with Chairman Thomas Kanelos were Commissioners Karen Dimond, Thomas Surace, Barbara Nakanishi, Robert Schulter and Morgan Dubiel. Also present was Charles Ostman, Director of Community Development and Bruce Sylvester, Senior Planner. Village Attorney Joseph Annunzio and Commissioner Angelo Troiani were absent. Chairman Kanelos appointed Vice-Chairman Dimond as temporary Secretary for this meeting in Commissioner Troiani’s absence. Chairman Kanelos asked if there were any additions, clarifications or corrections to the minutes of April 1, 2013. There were none. Commissioner Nakanishi moved to approve the minutes of April 1, 2013. Seconded by Commissioner Surace, on roll call the vote was: AYES: 6 Dimond, Surace, Nakanishi, Schulter, Dubiel, Kanelos NAYS: 0 ABSENT: 1 Troiani There being six (6) affirmative votes the motion carried. NEW BUSINESS 13-ZP-12 Requesting a sign variation for AMC Theater at Golf Mill Mall, 301 West Golf Mill Road, Niles. 13-ZP-13 Requesting Special Use permit to allow a second hand store at 7752 North Milwaukee Avenue, Niles. 13-ZP-14 Proposed text amendment to Zoning Ordinance Sections VIII (B)(2)(nn), VIII (B)(3)(bb), and VIII (B)(3)(kk) to define vehicle title loan businesses as Special Uses. Chairman Kanelos called for the first item on the agenda. 13-ZP-12 Requesting a sign variation for AMC Theater at Golf Mill Mall, 301 West Golf Mill Road, Niles. Page 1 of 12  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS May 6, 2013 Bruce Sylvester, Senior Planner, stepped to the podium to present the case. This is a request from the owners of the AMC Theater at 301 W. Golf Mill Rd. for a variation of the sign ordinance to allow them to have additional wall signage on the west side of the building. Included in your packet is an aerial photo of the AMC Theater. The last sheet in your packet shows the elevation of the wall that currently has the lettering AMC Showplace. Below that is the word IMAX. That IMAX sign is what is requested to be approved. Since they have more signage than normally allowed, additional signage does require the variation they are requesting. Staff is recommending approval of this variation and that it meets the Comprehensive Plan. Section 78-92 of the Village ordinance explains the amount of signage a business may have. He went into detail about how much signage is allowed according to the Village code and what is required of the Comprehensive Plan. The sign ordinance also provides technical requirements that have to be satisfied in order for the Village to grant this petition. Mr. Sylvester proceeded to read those requirements. Vice-Chairman Dimond asked about the calculation of the signage at the shopping center. Mr. Sylvester answered when calculating the signage it was only for this [theater] building facing Greenwood, not the other tenants in the mall. Commissioner Dubiel said the net total signage this business has up on this wall is 1,188 sq. ft., correct? Would exceptions be made for additional signage for other stores? For instance if Kohl’s wanted additional signage. Charles Ostman, Director of Community Development, said it is available for Kohl’s and J.C. Penney, the anchor stores. They have frontage on Golf, Greenwood and Milwaukee. AMC only faces Greenwood. This is a section of the sign code they will be reviewing. He predicts this section will be amended. Commissioner Dubiel asked the cost of this application. Mr. Sylvester answered $200 flat fee. Commissioner Schulter said this theater used to be known as Kerasotes Theater. When the theater changed ownership, AMC was added; the word showplace was always there. Page 2 of 12  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS May 6, 2013 Chairman Kanelos asked if there were more questions from the Commissioners. There were none. There were questions from the public. Michael Williams, Senior General Manager, Golf Mill Shopping Center, Niles, IL came forward and was sworn in. The east side of the theater faces inside the mall so there are interior signs. Signage is on the north side towards Golf and signage on the south side toward Shop ‘n’ Save. IMAX is a well known name that gives a better experience of watching a movie. It will be an LED sign. The center supports the sign. Suzanne Atanus, 8417 Betty Terrace, Niles, IL stepped to the podium. She asked how much additional square footage the theater wants. Commissioner Schulter said 45 sq. ft. Chairman Kanelos said it is a pretty small number. It is about a 4% increase. Ms. Atanus asked for clarification on how big the letters IMAX would be. Chairman Kanelos said she should hold her question for the petitioner. He did say the proposed sign is 15 ft. wide by 3 ft. tall. Ms. Atanus started to suggest what color the sign should be. Chairman Kanelos said the Board is here to determine whether the variation they are requesting and their need is sufficient to allow it. Color is not in the Board’s area of responsibility. Ms. Atanus was getting off track with her line of questioning. Chairman Kanelos thanked her and asked her to step down. He asked for the petitioner to step forward. Both Mike Winter, AMC Theaters, 3150 Grapevine Mills Pkwy, Grapevine, TX 76051 and Phil Valenzo, OZKO Sign and Lighting, 252 Windsor Ct., South Elgin, IL came to the podium and were sworn in. Mr. Winter added the IMAX sign would be light to medium blue. That is their required color. The AMC letters are 6 ft. tall. The IMAX letters will be Page 3 of 12  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS May 6, 2013 3 ft. tall. Mr. Valenzo said he could do the sign in white but IMAX wants blue. Chairman Kanelos asked if there were questions for the petitioners. Vice-Chairman Dimond asked if the sign will be lit at night. Mr. Valenzo said it will be internally lit LED. It will look a little brighter than the AMC sign because of the brighter blue. The AMC sign is red. It has the same amount of LED modules per foot. Chairman Kanelos asked if there were any questions from the Commissioners for these two gentlemen. There were none. There were no questions from the public either. He then entertained a motion. Commissioner Dubiel moved to approve variation Chapter 78, Signs, Article 5, Division 3, Section 78-92 (3)(c) to allow additional wall signage at 301 W. Golf Mill Rd., Niles as provided in Section 78-209. The findings of fact meet the requirements for sign variation found in Article 9, Section 78- 209. Seconded by Commissioner Schulter, on roll call the vote was: AYES: 6 Dimond, Surace, Nakanishi, Schulter, Dubiel, Kanelos NAYS: 0 ABSENT: 1 Troiani There being six (6) affirmative votes the motion carried. Chairman Kanelos added 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 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. Chairman Kanelos called for the next item on the agenda. 13-ZP-13 Requesting Special Use permit to allow a second hand store at 7752 North Milwaukee Avenue, Niles. Page 4 of 12  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS May 6, 2013 Mr. Sylvester said this is a request for a permit to allow a second hand store at 7752 N. Milwaukee Ave. Staff recommends approval with three conditions as recommended by the police department: 1) no walk-in consignment allowed 2) police must be allowed access to records of sales as needed 3) this Special Use would be limited to the resale of clothing only; sales of other items included but not limited to jewelry, precious metals, tools, vehicles, etc. is not allowed by this permit unless amended by separate review and approval. Staff finds that the proposal complies with several goals and objectives of the Village’s Comprehensive Plan. This request was circulated to other departments. The fire and engineering departments had no comment. The police department did respond specifically with the aforementioned conditions. The parking is sufficient for the proposed use. The findings of fact are met. First, the Special Use is necessary for the public convenience at the proposed location. Second, the Special Use is designed, located and proposed to be operated so the public health, safety and welfare are protected. Last, it does not cause substantial injury to the value of other property in the neighborhood in which it is proposed to be located. The required notifications were made in the newspaper and to owners of property within the required distance. Vice-Chairman Dimond mentioned last month there was a request for a Special Use for a second hand store for furniture. There were conditions imposed on that also. Were they the same? Mr. Sylvester said they were the same but it was modified slightly after discussion. Vice-Chairman Dimond asked if there is a chance to modify the ordinance to include second hand stores so the Board doesn’t have to do these Special Use approvals. Mr. Ostman said they are going through the process right now of rewriting the entire zoning code; there will be significant changes. Commissioner Dubiel said standard language should be considered as well. There has been some standard language for other types of establishments. Page 5 of 12  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS May 6, 2013 Mr. Ostman said if they develop language for this particular use it would go under the business licensing Chapter 22. That will be reviewed in the coming year. Chairman Kanelos said once that zoning code is rewritten, it will come before this Board first, correct? Then this Board will make any recommendations before it goes to the Village Board, right? Mr. Ostman said yes. Commissioner Schulter said the Special Use suggests it is for resale of clothing only. The actual letter to Mr. Sylvester from the petitioner said it states items other than clothes. Should that be part of the request? Chairman Kanelos suggested Commissioner Schulter save that question for the petitioner. Commissioner Dubiel said the letter states “clothing and household items.” She does exclude some things. Mr. Sylvester suggests this should get clarified with the applicant as to what would be included with household items. If necessary then modify the condition of approval to include anything beyond clothing. Commissioner Nakanishi said there was a recent case where no walk-in consignments would be allowed. That was the furniture place and they would go to a person’s home to look at the items. For this case, does that allow for the petitioner to go to someone’s house to pick up clothing? Mr. Sylvester said the police explained that prevents this from becoming a location where people steal things and then bring it to a business and try to sell stolen goods. Commissioner Nakanishi said she understands that. But in the petitioner’s letter she said she received a trailer shipment of clothing from Florida. Are they getting deliveries from a supplier or taking consignments from individuals also? Chairman Kanelos asked if there were more questions from the Commissioners. There were none. There was a question from the audience. Page 6 of 12  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS May 6, 2013 Suzanne Atanus, 8417 Betty Terrace, Niles, IL stepped to the podium and was once again sworn in. She asked what consignment is. Chairman Kanelos said consignment is when the business will have items for sale that belong to other people. Ms. Atanus wants to know what is not allowed. Mr. Sylvester said the police recommended this business not be allowed to accept someone walking into the store with items and saying “here, I want you to sell these for me.” Ms. Atanus disagreed. Chairman Kanelos explained exactly why the police do not want walk-in consignments for this store. He emphatically asked if she had a question, as opposed to a comment. If she does, please get to it or the meeting will move on. Ms. Atanus disagreed again. She feels she should be allowed to comment without asking a question. Chairman Kanelos asked her several times to get to her question. If she doesn’t have a question he will ask her to sit down. She kept on going with her comments and he then asked her to sit down. He then called the petitioner to come to the microphone. Luze Martinez, 2630 W. Pratt Ave., Chicago, IL came to the podium and was sworn in. Commissioner Dubiel wanted clarification on household items because the request is a Special Use for clothing only. Ms. Martinez said yes, she would like to include household goods such as vases, plates, spoons, etc. No electronics. Commissioner Dubiel then asked her if she would like the Board to change to wording to clothing and household items only. Ms. Martinez said yes. Page 7 of 12  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS May 6, 2013 Commissioner Surace said she explained it would be out-of-season clothing from Marshalls, etc. Will this merchandise still have the store’s tags on it? Ms. Martinez said she has to scratch out the name of the company where the clothing originally came from. The company she will be ordering from said she can leave the tag on. Commissioner Nakanishi said the last page of Ms. Martinez’s letter states she will be getting stock from Florida. Since there are no walk-ins, will she be going to other people’s homes in Niles taking in clothing that way? Ms. Martinez said no. Vice-Chairman Dimond said the merchandise is not coming from individuals. Ms. Martinez said the merchandise is coming from TTW Warehouse in Miami. They have new clothes and slightly used clothes. She picks out what she needs and they ship it to her. They also ship household items to her. Vice-Chairman Dimond asked Mr. Sylvester if this is really a second hand store. Mr. Sylvester said it was discussed among Staff and it was decided it met the definition of a second hand store. The application came in. He described it as a grey area but they decided to bring a proposal to this Board and go through the process of a Special Use permit as opposed to making a determination this was not a Special Use and just a straight retail type business. Chairman Kanelos asked if there were questions from the public. Suzanne Atanus, 8417 Betty Terrace, Niles, IL stepped to the podium again. She wants business to thrive in Niles. She then started talking about the bad economy. She feels this is a flea market. Chairman Kanelos said it doesn’t sound like that to him. Ms. Atanus then spoke about what should be prohibited from re-selling. Chairman Kanelos thanked her and asked her to sit down because at this point she was rambling. Page 8 of 12  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS May 6, 2013 Chairman Kanelos asked if there were more comments or questions. There were none. He entertained a motion. Commissioner Nakanishi moved to approve Special Use permit to allow a clothing resale business at 7752 N. Milwaukee Ave. as provided in Appendix B, Section VIII (B)(3)(ss) with the following conditions of approval as recommended by the Niles Police Department: 1) no walk-in consignment allowed 2) police must be allowed access to records of sales as needed 3) this Special Use would be limited to the resale of clothing and household items only; sales of other items included but not limited to jewelry, precious metals, tools, vehicles, etc. is not allowed by this permit unless amended by separate review and approval. The Special Use is necessary for the public convenience; it is designed, located and proposed to be operated so the public health, safety and welfare are protected. Also it does not cause substantial injury to the value of other property in the neighborhood in which it is proposed to be located. Seconded by Commissioner Surace, on roll call the vote was: AYES: 6 Dimond, Surace, Nakanishi, Schulter, Dubiel, Kanelos NAYS: 0 ABSENT: 1 Troiani There being six (6) affirmative votes the motion carried. Chairman Kanelos added 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 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. Chairman Kanelos called for the third and final item on tonight’s agenda. 13-ZP-14 Proposed text amendment to Zoning Ordinance Sections VIII (B)(2)(nn), VIII (B)(3)(bb), and VIII (B)(3)(kk) to define vehicle title loan businesses as Special Uses. Mr. Sylvester said this is a recommendation from Staff and the Community Development Department to clarify some of the zoning rules as they pertain to vehicle title loan businesses. There have been several requests about the Page 9 of 12  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS May 6, 2013 possibility of different title loan businesses moving into the community. After looking at the zoning ordinance Staff believes there is room for improving definitions and clarifying how such businesses are treated. Currently the zoning code classifies loan offices as Permitted Uses. Banks and financial institutions are treated as Conditional Uses. Currency exchanges, Payday centers are also Conditional Uses. There is not anything that deals specifically with vehicle title loan businesses. This is a business where people bring in the title to their car and use it as collateral for a loan. If they don’t repay the loan, the vehicle title loan company repossesses the car. Staff feels they should include a definition that explains vehicle title loan businesses are Conditional Uses, not Permitted Uses as they currently treat currency exchanges and Payday loan centers. Commissioner Schulter asked how they determine what businesses would come into Niles. Some charge 20% interest. How is this controlled? Mr. Ostman stated the municipality does not control it. The state of Illinois does through the Illinois Department of Professional Regulation. Commissioner Dubiel said it looks like the Village is softening Permitted Use for banks and other institutions that don’t have drive up windows. Mr. Sylvester said that is the other half of this. This is a recommendation from Staff that financial institutions and banks without drive up windows [currently treated as Special Uses] would be treated as Permitted Uses if approved. If a branch bank moving into the community includes a drive up window facility, Staff recommends they continue to be treated as Special Uses because of the aspects that come with a drive up window i.e. safety, drive up lanes, teller boxes, lights, etc. Commissioner Dubiel said there will be more storefront branches. Is this an attempt to simplify the process? Mr. Sylvester said the intent is to treat as Permitted Uses those types of businesses the department believes to be less problematic for neighbors and to treat as Special Uses just those businesses that have unique circumstances that need to be scrutinized a bit more. Chairman Kanelos asked if there were more questions from the Commissioners. There were none. He asked Mr. Sylvester if for this action Page 10 of 12  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS May 6, 2013 they just want approval of the text amendment. Suzanne Atanus, 8417 Betty Terrace, Niles, IL came to the podium once again and was sworn in. She asked why they are doing this. Why is it necessary? Mr. Sylvester summarized by saying the zoning code does not specifically address this type of business. The department in the last six months has received several inquiries about this type of business wanting to locate in the community. The department felt it would be wise to clarify what the rules are for this particular type of business. Mr. Ostman stated there is one title loan company in Niles on Golf Road. There is a second application that has been approved since the first one they allowed as permitted. Ms. Atanus spoke about car dealers giving loans. Chairman Kanelos explained the title loan company in more detail. You take your car title in and use your car as collateral; they give you a loan. This is a whole industry of lenders that has sprung up that just do this type of thing. It is relatively new. It is not addressed in the code so Mr. Sylvester thought it best to spell it out in the code. Ms. Atanus said it sounds like a pawnshop. Chairman Kanelos said it is not a pawnshop. Ms. Atanus said she doesn’t think this should be okayed and proceeded to a talk about contacting Congresswoman Jan Schakowsky, Mark Kirk, Dick Durbin about moving the economy forward. Chairman Kanelos explained again about Special Use and that the question is answered. Ms. Atanus keep going on. Chairman Kanelos stated she was out of order and she should sit down. Ms. Atanus said she is not out of order. Page 11 of 12  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS May 6, 2013 Commissioner Nakanishi moved to approve the text for the recommended Zoning Ordinance revisions for banks and loan businesses, specifically in subsection (nn), it will read banks and similar financial institutions and their branch offices, except as provided in VIII (B)(2)(kk) except than any such use with a drive in facility shall be a Special Use per VIII (B)(2)(bb); subsection (bb) will read banks and financial institutions and their branch offices if such use includes drive in facilities; subsection (kk) currency exchange, money transmitter services, Payday loan lenders, consumer installment lenders, vehicle title loan businesses and similar lending businesses. Seconded by Commissioner Dubiel, on roll call the vote was: AYES: 6 Dimond, Surace, Nakanishi, Schulter, Dubiel, Kanelos NAYS: 0 ABSENT: 1 Troiani There being six (6) affirmative votes the motion carried. Chairman Kanelos added 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 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. Chairman Kanelos then entertained a motion to adjourn. Vice-Chairman Dimond moved to adjourn. Seconded by Commissioner Dubiel, on roll call the vote was: AYES: 6 Dimond, Surace, Nakanishi, Schulter, Dubiel, Kanelos NAYS: 0 ABSENT: 1 Troiani There being six (6) affirmative votes the motion carried. The meeting adjourned at 8:10 p.m. Kathleen Janessa, Recording Secretary Page 12 of 12