Planning and Zoning Board

APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS October 7, 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 and Village Attorney Joseph Annunzio were Commissioners Karen Dimond, Thomas Surace, Angelo Troiani, Barbara Nakanishi, Robert Schulter and Morgan Dubiel. Also present was Charles Ostman, Director of Community Development and Bruce Sylvester, Senior Planner. Chairman Kanelos recognized the 50th wedding anniversary of Commissioner Surace and his wife. He then asked if there were any additions, clarifications or corrections to the minutes of June 3, 2013. There were none. Commissioner Dubiel moved to approve the minutes of June 3, 2013. Seconded by Vice-Chairman Dimond, on roll call the vote was: AYES: 5 Dimond, Surace, Troiani, Nakanishi, Kanelos NAYS: 0 PASS: 2 Schulter, Dubiel There being five (5) affirmative votes the motion carried. Chairman Kanelos asked if there were any additions, clarifications or corrections to the minutes of August 5, 2013. There was one change on page 9, paragraph 4. Commissioner Troiani stated DOT should be changed to IDOT. With that change Commissioner Dubiel moved to approve the minutes of August 5, 2013. Seconded by Commissioner Surace, on roll call the vote was: AYES: 5 Dimond, Surace, Troiani, Dubiel, Kanelos NAYS: 0 PASS : 2 Nakanishi, Schulter There being five (5) affirmative votes the motion carried. NEW BUSINESS 13-ZP-21 Requesting approval of a variation to Appendix B Section VII (C)(10) to construct a rear-yard porch addition at 7103 West Birchwood Road, Niles, Illinois 60714. Page 1 of 19  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS October 7, 2013 13-ZP-22 Requesting approval of a zoning map amendment to rezone the property at 7900 Odell Avenue, Niles, Illinois 60714 from current ‘R2’ to the proposed ‘Public Lands’ zoning district. 13-ZP-23 Requesting approval of a zoning map amendment to rezone the property at 7900 Oketo Avenue, Niles, Illinois 60714 from current ‘R2’ to the proposed ‘Public Lands’ zoning district. 13-ZP-24 Requesting a plat of consolidation for multiple Park owned parcels at 7900 Oketo and 7877 Milwaukee Avenues, Niles, Illinois 60714. 13-ZP-25 Requesting approval of a variation to Chapter 18 Section 323 to exceed fence height limits for proposed new fencing at 7877 North Milwaukee Avenue, 7900 Odell Avenue and 7900 Oketo Avenue, Niles, Illinois 60714 (Niles Park District Oasis Fun Center). 13-ZP-26 Requested approval of an amendment to the previously approved Special Use permit for a proposed restaurant and indoor playground at 7631 North Caldwell Avenue, Niles, Illinois 60714. 13-ZP-27 Senior Planner Bruce Sylvester stated there was an application submitted for this item, however the petitioner then withdrew the request. Therefore there will be no use of this item number. 13-ZP-28 Requesting a text amendment for marijuana cultivation and dispensary rules for the Village of Niles. Chairman Kanelos called for the first item on the agenda. 13-ZP-21 Requesting approval of a variation to Appendix B Section VII (C)(10) to construct a rear-yard porch addition at 7103 West Birchwood Road, Niles, Illinois 60714. James T. Hynes stepped to the podium. He is representing the petitioner, Page 2 of 19  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS October 7, 2013 Nicholas Hynes, requesting this variance. This is a 15 foot depth of a roof over an existing patio – not an enclosure. The only problem is the 40 foot setback. The yard right now is 40 feet deep. It requires a 15 foot variance. Staff has recommended approval because it will not alter the essential character of the locality. The residence to the east has a pergola of the same size; pergolas do not need variances. [The microphone at the podium is not on. Some of the dialogue is difficult to transcribe]. Bruce Sylvester, Senior Planner, stepped to the podium. He said Staff is recommending approval of this variation for a rear yard setback. They did all the required notifications both in the newspaper and notices to all of the owners of property within the required distance. There is a basis for granting the variation. The depth of this lot is not as deep as most lots in the Village. It is less than 100 feet deep. Since this is a variation for less than 50% of requirements, the decision of the Plan Commission tonight will be final. It will not be going before the Village Board. Commissioner Schulter asked if there was a rendering or picture of the site. Mr. Sylvester apologized since there was none included in the Commissioners packet for this evening. He then passed around photos provided by the applicant. Chairman Kanelos asked how many standards must be met in order for this Board to grant a variance. Do we have to find that one of those standards applies? Commissioner Dubiel asked if this roof is only coming off the back of the property. Mr. Hynes answered it is coming off the rear. There is nothing on the side. Commissioner Troiani asked if the roof is going to be carried over to the side yard. Mr. Hynes said only over the back of the house. Vice-Chairman Dimond asked what kind of water drainage the roof will have. Mr. Hynes said it will drain into the backyard. Page 3 of 19  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS October 7, 2013 Chairman Kanelos and Commissioner Dubiel then had a discussion about pervious and impervious areas under the proposed roof covering the existing patio. Mr. Sylvester said this is existing impervious. Chairman Kanelos asked if there were any more questions for Mr. Sylvester from the Commissioners. There were none. Nor were there questions from the public. Mr. Hynes was called back to the podium. Since he is an attorney, he does not need to be sworn in. Vice-Chairman Dimond noted in the packet the homeowner to the east is the sister of the petitioner. Is there a concern about shadows falling on her house? Mr. Hynes said both families use both yards. Chairman Kanelos said in the packet it says page 2, Section II – Board of Appeals may vary provisions for this ordinance [at this point the sound is muffled.] It lists three standards. The note there says Staff finds this third page applies to this variation. Do the first two pages apply? Mr. Hynes said as he reads it the first one may apply to commercial property. He doesn’t think it would apply to this case because of the shorter depth of the lot. The second and third ones say “or”. Usually when you are reading any type of statute or regulation and it says “or”, it doesn’t mean both. But in this case, under the circumstances, he thinks it applies to the depth of the property. If it was a pergola and not an imperviable roof there wouldn’t be a need for this request. Chairman Kanelos said based on facts, Mr. Hynes request for variation seems to satisfy all three of those requirements. He then asked if there were any questions for the petitioner. There were no questions from the Commissioners and no questions from the public. He then entertained a motion. Vice-Chairman Dimond moved to approve 13-ZP-21 requesting approval of a variation to Appendix B Section VII (C)(10) to construct a rear-yard porch Page 4 of 19  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS October 7, 2013 addition at 7103 West Birchwood Road, Niles, Illinois 60714. She finds the variation granted would not alter the essential character of the locality. She feels they need to find Section II(a)(3) [inaudible for a few words]. Seconded by Commissioner Dubiel with an amendment. He feels it also meets one and two given the advice of the Village Attorney that it is supposed to meet all three. Vice-Chairman Dimond then withdrew her motion. She is not comfortable with that finding. Commissioner Dubiel asked for the Village Attorney to clarify what the limitations are. Joseph Annunzio, Village Attorney, said he can see the confusion with the word “or” in there. Chairman Kanelos asked if there is a motion. Commissioner Nakanishi moved to approve 13-ZP-21 requesting approval of a variation to Appendix B Section VII (C)(10) to construct at 7103 West Birchwood Road, Niles, Illinois 60714 a covering roof over a rear-yard patio within 25 feet of the rear property line or 40 feet as required; that the variation will not alter the essential character of the locality. Seconded by Commissioner Schulter, on roll call the vote was: AYES: 7 Dimond, Surace, Troiani, Nakanishi, Schulter, Dubiel, Kanelos NAYS: 0 There being seven (7) affirmative votes the motion carried. Chairman Kanelos called for the second item on the agenda. 13-ZP-22 Requesting approval of a zoning map amendment to rezone the property at 7900 Odell Avenue, Niles, Illinois 60714 from current ‘R2’ to the proposed ‘Public Lands’ zoning district. Mr. Sylvester stepped to the podium to present an overview to the following four cases. He stated in this presentation he would be describing items 13- ZP-22, 23, 24 and 25 as they are related to a project the Niles Park District is undertaking. Regarding the first two items, the Park District has purchased Page 5 of 19  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS October 7, 2013 properties adjacent to the Oasis Fun Center and they would like to rezone them from the current Residential Zoning to Public Lands zoning. They are two separate parcels so the agenda lists them as such to be voted on separately in case there are any issues. In the third item the Park District is wishing to consolidate two parcels that are contiguous with each other and clean up some lot line confusions and a messy situation in the plat of consolidations. Last, the Park District is proposing to put up some new fences that would be taller than normally allowed, although the ordinances do allow in Public Lands variations for heights of fences. Staff recommends the Commissioners vote on each of these items individually. There are representatives for the Park District in the audience along with an engineer/surveyor and the attorney representing the Park District. They can give additional information when he is done presenting the four cases. The first of the four cases is 13-ZP-22 – to rezone 7900 Odell. The subject property was a single family residence. In order for the Park District to integrate it into the Oasis Fun Center it needs to be rezoned from the current R2 residential zoning into the proposed “Public Lands’’ zoning district. Staff believes the recommended goals in the Comprehensive Plan would be satisfied. The properties to the south already have Public Lands zoning. The properties to the north and east have Residential zoning. The properties to the west along Milwaukee Avenue have Commercial zoning. Commissioner Schulter asked if the existing homes to be rezoned are currently occupied. Mr. Sylvester said this particular home at 7900 Odell has already been demolished. The aerial view is old and still shows a home in the picture. The next agenda item across the street is a vacant building. Vice-Chairman Dimond asked about a letter in the Commissioners packet that states there are questions about modification of Kirk Street. Are the Commissioners voting on that also? Mr. Sylvester said Kirk Street is already vacant. He said required legal notifications have been submitted to the Bugle Newspaper and the surrounding property owners for all four items. 13-ZP-23 Requesting approval of a zoning map amendment to rezone the property at 7900 Oketo Avenue, Niles, Illinois Page 6 of 19  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS October 7, 2013 60714 from current ‘R2’ to the proposed ‘Public Lands’ zoning district. The next item 13-ZP-23 to rezone 7900 Oketo is similar to the case before this. It is contiguous to the Park District now that this portion of Kirk Street has been vacated. [He is showing all this on the overhead]. It, too, needs to be rezoned from the current R2 residential zoning into the proposed to the proposed “Public Lands’’ zoning district. Staff also believes the recommended goals in the Comprehensive Plan would be satisfied. The parcels around this are the same as described in the previous item; the difference being between this parcel and the one previously requested is this one has some commercial zoning immediately to the west which would be Jerry’s Fruit Market. Part of the reason the Park District is requesting fence variations is to build fences along the north property lines of both these parcels to provide screening and buffering. 13-ZP-24 Requesting a plat of consolidation for multiple Park owned parcels at 7900 Oketo and 7877 Milwaukee Avenues, Niles, Illinois 60714. Mr. Sylvester moved on to 13-ZP-24. On the overhead he showed the parcels the Park District wants to consolidate with the Oasis Fun Center parcel. This is a request to clean up lot lines to the south of the Center as well. The Village also requested to dedicate some right of way along the street to the east [Odell] and put in a public sidewalk on the west side of that street along the Park District property. Currently some Park lot lines extend to the center of the public street. The Village has asked the Park District to dedicate a strip of land along the eastern side of their property to the Village for right of way. It would be a standard width right of way so if a sidewalk were built, there would be a street, public land parkway, public sidewalk and the rest of the Fun Center property. Oketo will remain unchanged. Mr. Ostman added the north half of Kirk was the dedicated street. That was vacated. The south half was Park District land and didn’t need to be vacated. Commissioner Nakanishi asked if they considered closing Oketo on the south entrance so the Park District parcels would be contiguous. Mr. Ostman said this was under discussion the last three years. Page 7 of 19  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS October 7, 2013 Commissioner Schulter asked what happened to the existing utility poles when the right of way was vacated on Kirk. Was an easement granted? Mr. Ostman said it is in the ordinance itself that the street still remains a public easement. Commissioner Schulter asked if in the future would there be additional easements created. Mr. Ostman answered the easement on the north half of the street is the easement of record. The poles will stay as is unless the Park District decides to do something else. Commissioner Dubiel said it looks like a future family picnic area is shown. Would the utilities go underground then? Mr. Ostman said he didn’t know if the utilities will be put under ground. Mr. Sylvester said these are all issues related to the plat of consolidation. Staff is recommending approval of this request. The last item the Park District is requesting is still part of this overall proposal. 13-ZP-25 Requesting approval of a variation to Chapter 18 Section 323 to exceed fence height limits for proposed new fencing at 7877 North Milwaukee Avenue, 7900 Odell Avenue and 7900 Oketo Avenue, Niles, Illinois 60714 (Niles Park District Oasis Fun Center). Mr. Sylvester said this is regarding fence height in various locations. He showed on the overhead the locations of these fences. There are three locations and they are described in the packet. The Park District property is already fenced with a tall, vinyl clad chain link fence. New fencing in some locations of this site will provide screening from residential properties to the north. Commissioner Dubiel asked since there is already a vinyl clad chain link fence in the area labeled Family Picnic Area, how is this area accessed? Mr. Sylvester said he would have the Park District reps explain that in more detail. Some of the fencing will be board-on-board privacy fences; some will Page 8 of 19  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS October 7, 2013 be black vinyl clad chain link. Chairman Kanelos noted on the proposed accessible playground along the north [on the overhead] there is a proposed 6 ft. fence. Does that present a problem for the person backing out of their driveway to the north? Mr. Sylvester said he thinks it might diminish some visibility. Chairman Kanelos asked if the parkway was 15 ft. at that point. Mr. Ostman said he didn’t know the width of the parkway. However, the Park District is still required to adhere to the fence code. That code provides line of site of 10 ft. from the sidewalk to the property itself. Vice-Chairman Dimond went to the screen and pointed to the fence going around the pool. She wanted to know if that was all 8 ft. Mr. Sylvester said he would defer to the Park District reps when they are at the podium. Chairman Kanelos asked if there were any other questions from the Commissioners. There were none. He asked if there were questions from the public. There were none. He then called the petitioners to the podium. [At this point, Chairman Kanelos asked if the podium microphone was on. It was not. Mr. Shapiro was the first speaker to be heard clearly.] Dan Shapiro, attorney for the Park District, stepped to the podium with Patrick Glenn, surveyor and engineer. The two properties, 7900 Odell and 7900 Oketo, were closed on about thirteen months ago. Since that time, one property has been razed, the other vacant. Tonight they are here for the rezoning and plat of consolidation and the variations. There is a proposed fence where you see the future Family Picnic Area on the overhead. This illustrates that sometime in the future there would be an extension of the Oasis Water Park after the house is taken down. Until then the intention is to have the chain link fence at the southern part of that property on the north side of the street. When they go ahead with the project, that fence will be removed and the area will be an extension of the Water Park. They want to be sensitive to the neighbors. That is why they decided on board-on-board fencing at the residential end of this site. If the fencing on the east side had Page 9 of 19  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS October 7, 2013 any site line issues, it must meet with the Village’s fencing regulations. Any approval given for this project would be conditional on that. If it has to be pulled back, it will be. And yes, the fencing around the pool is 8 ft. It provides security and safety. The property to the east may be a playground at some point. which would be ADA accessible. After this is recommended, the intention is to bring the plans back to the people to see it, comment on it. Vice-Chairman Dimond asked the height of the fencing along Milwaukee. Mr. Ostman said it is 8 ft. along the water property but 6 ft. farther down. Patrick Glenn, Engineer from Gewalt-Hamilton Associates, came forward and was sworn in. He said the entire water park is surrounded by an 8 ft. fence. Today there is a playground outside the water park that is going to be enclosed with new 8 ft. fencing. Today there is 6 ft. fencing along Milwaukee Ave. but this project will change that to 8 ft. Vice-Chairman Dimond asked why it had to be 8 ft. Is it a requirement? Mr. Glenn said he wasn’t sure but thought you had to have better fencing around a pool area than a regular park. The intention is to match the fencing of what is already there. The existing playground is going to be moved during this project. Vice-Chairman Dimond said she understands the new family picnic area is not going to be connected to the water park. Mr. Glenn said yes, that is a future improvement being considered. The intention is to get all the variations straightened out today and not have to come back for anything in the future. Commissioner Dubiel asked about an area near the playground. Mr. Glenn said the full plans hadn’t been developed. Commissioner Dubiel asked if the area along the Oketo side is going to be enclosed with a buffer fence. Mr. Glenn said when the Family Picnic Area is developed, the fence will be moved. Page 10 of 19  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS October 7, 2013 All this was being shown on the overhead. There was much discussion using pointers on the overhead screen about the fencing between the Engineer and Mr. Dubiel. Chairman Kanelos reiterated the fencing on the east and south will be 8 ft. chain link and the north will be 6 ft. 8 in. board-on-board, correct? Mr. Glenn said they are working with the property owners for their preferences and it looks like it will be between 6 ft. and 8 ft. with a landscaped buffer. Plans are not final yet. Mr. Shapiro said the Park is working closely with the property owners. Do they need 8 ft? No. But they thought they’d get the variation in place and they can always go lower. Mr. Glenn said they are looking to make sure the perimeter is secure. There is no code requirement that spells out the fence must be 8 ft. The fencing height discussion went on for quite a while with all the perimeters being talked about. Chairman Kanelos then asked if there were any more questions from the Commissioners. There were none. There was one question from the audience. Scott Payne, 7912 N. Oketo, Niles, IL 60714 stepped to the podium and was sworn in. He lives north of the property at 7900 Oketo. He said they would like an 8 ft. fence for sound buffering and security. He wanted to know if demolition was scheduled. Right now the proposal is to have a fence in the middle of the property. Are they going to have access? Chairman Kanelos stated that is not a Zoning Dept. issue. But yes, they would need access for maintenance. Mr. Glenn said currently the building on the west side of the property is a garage. That is the access. The idea now is to have a gate and fence just to access maintenance facilities on the north side of the park. The garage will be used for storage for the time being. Commissioner Dubiel said the north half of Kirk Street has been vacated. Page 11 of 19  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS October 7, 2013 There is nothing in the packet that shows they are zoning that. Did it just naturally occur? Mr. Sylvester said he did not know but was told it was not rezoned yet. Chairman Kanelos then entertained a motion on the first item of this group to be followed by motions on the three remaining items regarding Park District land. Commissioner Nakanishi moved to approve 13-ZP-22 requesting approval of a zoning map amendment to rezone the property at 7900 Odell Avenue, Niles, Illinois 60714 from current ‘R2’ to the proposed ‘Public Lands’ zoning district. It is consistent with the Village’s Comprehensive Plan to support parks and open space in the Community to ensure that quality recreational facilities are accessible to all residents; the Village will make sure the facilities are well maintained; and work with the Park District to make sure the parks are adequate in size. Seconded by Vice-Chairman Dimond, on roll call the vote was: AYES: 7 Dimond, Surace, Troiani, Nakanishi, Schulter, Dubiel, Kanelos NAYS: 0 There being seven (7) affirmative votes the motion carried. Chairman Kanelos then entertained the next motion. Commissioner Troiani moved to approve 13-ZP-23 requesting approval of a zoning map amendment to rezone the property at 7900 Oketo Avenue, Niles, Illinois 60714 from current ‘R2’ to the proposed ‘Public Lands’ zoning district. Seconded by Commissioner Dubiel with a friendly amendment. Commissioner Dubiel’s friendly amendment is to include in the original motion the adjacent vacated right of way, the northern half of Kirk Street. Commissioner Troiani moved to accept the friendly amendment. Seconded by Vice-Chairman Dimond, on roll call the vote was: AYES: 7 Dimond, Surace, Troiani, Nakanishi, Schulter, Dubiel, Kanelos NAYS: 0 There being seven (7) affirmative votes the motion carried. Page 12 of 19  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS October 7, 2013 Chairman Kanelos then entertained a motion for the third item in the Park District’s request. Commissioner Nakanishi moved to approve 13-ZP-24 requesting a plat of consolidation for multiple Park owned parcels at 7900 Oketo and 7877 Milwaukee Avenues, Niles, Illinois 60714. Seconded by Commissioner Dubiel, on roll call the vote was: AYES: 7 Dimond, Surace, Troiani, Nakanishi, Schulter, Dubiel, Kanelos NAYS: 0 There being seven (7) affirmative votes the motion carried. Chairman Kanelos called for the final item regarding the Park District’s request. Vice-Chairman Dimond moved to table 13-ZP-25 requesting approval of a variation to Chapter 18 Section 323 to exceed fence height limits for proposed new fencing at 7877 North Milwaukee Avenue, 7900 Odell Avenue and 7900 Oketo Avenue, Niles, Illinois 60714 (Niles Park District Oasis Fun Center). One reason is they are asking to write variations to the Board’s requirements of a 5 ft. fence. Do the state regulations require a certain height? She doesn’t know what the state regulations are. Mr. Ostman said the Village of Niles has adopted the International Building Code. It has an appendix that applies to swimming pools with a depth of 2 ft. or greater, whether public or private, minimum height is 4 ft. Vice-Chairman Dimond still has two other reasons to table. She is not sure where the fence is being placed on Milwaukee Ave. It may be moved in from where it is depicted on the overhead. Finally, she isn’t sure why the future Family Picnic Area has to have an 8 ft. fence Chairman Kanelos said to keep in mind if you vote yes, you vote to table the motion. If you vote no, you are voting against tabling. On roll call the vote was: AYES: 3 Dimond, Surace, Nakanishi, NAYS: 4 Troiani, Schulter, Dubiel, Kanelos There being three (3) affirmative votes and four (4) nays, the motion failed to table. Page 13 of 19  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS October 7, 2013 Chairman Kanelos then entertained a motion to recall 13-ZP-25. Commissioner Troiani moved to approve 13-ZP-25 requesting approval of a variation to Chapter 18 Section 323 to exceed fence height limits for proposed new fencing at 7877 North Milwaukee Avenue, 7900 Odell Avenue and 7900 Oketo Avenue, Niles, Illinois 60714 (Niles Park District Oasis Fun Center). It meets the statutory standards of requirements in considering such a variation. Seconded by Commissioner Schulter, on roll call the vote was: AYES: 5 Surace, Troiani, Schulter, Dubiel, Kanelos NAYS: 2 Dimond, Nakanishi, There being five (5) affirmative votes the motion carried. Chairman Kanelos called for the next item on the agenda. 13-ZP-26 Requested approval of an amendment to the previously approved Special Use permit for a proposed restaurant and indoor playground at 7631 North Caldwell Avenue, Niles, Illinois 60714. Mr. Sylvester said this request is to amend a previously approved Special Use permit for a restaurant and family fun center at 7631 N. Caldwell Ave. Staff is recommending the request be approved with one important condition. That would be the applicant must modify the parking area and drive aisle to the north of the business to convert angle parking in a one way drive aisle to ninety degree parking in a two way drive aisle as shown in the material in your packet. This business will be going in the southern most portion of the building at the northeast corner of Howard St. and Caldwell Ave. It includes an arcade, indoor play areas. The substantial change to the original business plan is prompting this change. The interior has been reconfigured and the go kart area would be an enlarged. There will be parking on the south side of the building along Howard and to the west along Caldwell. This is currently a one way south drive aisle. It would be converted to a two way drive aisle and ninety degree parking. Staff requires 8 stalls for the go karts; party rooms have been eliminated from the plans; dining area expanded to require 101 stalls; table tennis requires 21 stalls; inflatable area requires 11 stalls; the laser tag area requires 12 stalls for a total of 154 stalls. Is the Special Use necessary for the public convenience at the proposed site? It is Staff’s opinion yes. Is it designed, located and proposed to be operated so the public health, safety and welfare will be protected? It is Staff’s opinion yes. Will the Special Use cause substantial injury to the value of property in the Page 14 of 19  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS October 7, 2013 neighborhood in which it is proposed to be located? Staff’s opinion is it will not. The applicant is going to do substantial improvements to the exterior of the building. Commissioner Schulter asked if the Village is going to require different entry way or exits. Mr. Sylvester said he didn’t believe any changes were proposed. Commissioner Troiani said they originally planned to have 124 seat restaurant. Now they are changing that to 184 seats; plus they are adding 14 table tennis areas and inflatables plus laser tag. Do the Commissioners have to abolish the ordinance that was passed on September 10, 2012? Mr. Annunzio said you are amending the original ordinance. Vice-Chairman Dimond said according to the packet it seems like there is a lot of signage in front. Is this something that will be brought to the Commissioners at a later date? Mr. Sylvester said he didn’t know if the signs have been presented yet for permits. Mr. Ostman said this has not been reviewed for sign ordinance. Chairman Kanelos asked if there were more questions from the Commissioners or the public. There were none. He called the petitioner to the podium. Bryan Van Ryn, Architect, 175 Cornflower Drive, Dyer, IN was sworn in. He is representing the owners. Since this was brought before the Board last year they now have 2 inflatables [originally they had one]; they eliminated the party rooms; that is why the seating for the restaurant was increased. Commissioner Dubiel asked why the changes were made. Mr. Van Ryn said a big part of that was the go-cart area. You get a better return [of money] with carts going around a bigger track. They also increased the number of bathrooms. The go karts are electric. There is a rail that separates the track from the other areas. The actual track is a steel Page 15 of 19  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS October 7, 2013 plate with tires. Commissioner Troiani asked where are they putting the dumpsters. He also doesn’t think there is enough parking. Mr. Van Ryn said the containers will be kept in the alley. As far as parking, usually with facilities like this there is a lot of carpooling. Commissioner Troiani asked if it was a full service restaurant. Mr. Van Ryn said it is more like a concession area serving pizzas and hot dogs. It is for the kids and is not a full service restaurant. There is no liquor. Mr. Ostman said Staff has visited several locations like the one proposed and it is not a full service restaurant. Commissioner Troiani would like to see the finished plan. Chairman Kanelos said this is a final design for the inside of the building. He then asked if there were any other questions. There were none. He asked if there were questions from the public. There were none. At this time he entertained a motion. Vice-Chairman Dimond move to approve 13-ZP-26 requested approval of an amendment to the previously approved Special Use permit for a proposed restaurant and indoor playground at 7631 North Caldwell Avenue, Niles, Illinois 60714. They must modify the parking area and will increase the seating of the restaurant. It is necessary for the public convenience; it is used, designed and located so the public health, safety and welfare will be protected; and the Special Use will not cause any injury to other property in the neighborhood in which it is located. Seconded by Commissioner Dubiel, on roll call the vote was: AYES: 6 Dimond, Surace, Nakanishi, Schulter, Dubiel, Kanelos NAYS: 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 Page 16 of 19  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS October 7, 2013 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. 13-ZP-27 Senior Planner Bruce Sylvester stated there was an application submitted for this item, however the petitioner then withdrew the request. Therefore there will be no use of this item number. Chairman Kanelos called for the final item on the agenda. 13-ZP-28 Requesting a text amendment for marijuana cultivation and dispensary rules for the Village of Niles. Mr. Sylvester said there is no action being passed on this tonight. The Commissioners do not have to vote on it. It is for discussion only. A legal notice has to be placed in the newspaper in order for it to be voted on. That has not yet been done. The state of Illinois legislature recently adopted rules regarding medical marijuana use. The law allows for the cultivation of medical cannabis and distribution of medical cannabis. We have been advised to adopt local zoning ordinances to be consistent with this recently adopted state law. The Village consultants suggest the Board define the terms consistent with state legislation. There is a memo in the packet explaining this. Staff recommends the same rules the consultants recommend. Vice-Chairman Dimond said by adopting the restrictions Niles would actually put some rules and regulations in place with respect to dispensing organization of cultivation centers of cannabis that otherwise would not be in the Village. Commissioner Dubiel asked what is the driver behind not allowing cultivation and dispensing to be done at the same location. Mr. Sylvester said cultivation is more of an agricultural production. The dispensing is more of a retail, medical clinic type of business. These are just recommendations. Commissioner Dubiel asked if there were some areas where both types are allowed in the same zoning district. Is there some danger to that? Page 17 of 19  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS October 7, 2013 Mr. Sylvester said he is not aware of that. He said in the memo it is shown how the state defines these activities. If the Board can be clear on what recommendations should be adopted then legal notice can be put in the paper, there can be an item on the agenda next month and the Commissioners could vote on proposed language that would be sent to the Board. Or you can say the Village doesn’t need to do anything. The state has rules and Niles can default to state rules. He said they are limited in what can be adopted by what the state has passed. Vice-Chairman Dimond said she likes all the rules being proposed. Commissioner Schulter asked if Niles is following what is going on in Denver. It is pretty interesting. Commissioner Nakanishi said that 22 cultivation centers will be available throughout the state. It may not permit more than one registration per a certain boundary. Is it likely that Niles would have a cultivation center? Mr. Sylvester said Illinois will allow 22 cultivation centers - one per each Illinois State Police District. Cook County is one of those boundaries. So chances are it will not be in Niles. Also, there will only be 60 licenses for dispensaries. Chances of that being in Niles are also pretty slim. Commissioner Dubiel said he’d like a little more background on the recommendations. Commissioner Troiani moved that the Board review the memo and recommend Staff prepare legal notice for a public hearing at the next meeting or if the Village Board of Trustees approves this in their October meeting. Seconded by Commissioner Nakanishi, on roll call the vote was: AYES: 7 Dimond, Surace, Troiani, Nakanishi, Schulter, Dubiel, Kanelos NAYS: 0 There being seven (7) affirmative votes the motion carried. Chairman Kanelos then entertained a motion to adjourn. Commissioner Dubiel moved to adjourn. Seconded by Commissioner Schulter, on roll call the vote was: Page 18 of 19  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS October 7, 2013 AYES: 7 Dimond, Surace, Troiani, Nakanishi, Schulter, Dubiel, Kanelos NAYS: 0 There being seven (7) affirmative votes the motion carried. Mr. Annunzio said he would write a memo to explain why some things are misleading in the memo in the packet. If you just use the standards as written, you are not going to meet the state criteria. You have to see they are not using the word “or” as picking one or the other. Since there are three parts to the memo, you can pick all three. He went on to explain the legalities of picking and choosing but will draft a memo by next month. The meeting adjourned at 9:00 p.m. Kathleen Janessa, Recording Secretary Page 19 of 19