Planning and Zoning Board

APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS September 8, 2014 The Niles Plan Commission and Zoning Board of Appeals were called to order at 7:00 P.M. Chairman Kanelos asked everyone to stand for the Pledge of Allegiance. Present with Chairman Thomas Kanelos and Village Attorney Joseph Annunzio was Vice-Chairman Karen Dimond along with Commissioners Thomas Surace, Angelo Troiani, Barbara Nakanishi, Robert Schulter and Morgan Dubiel. Also present was Bruce Sylvester, Senior Planner. Chairman Kanelos asked if there were any additions, clarifications or corrections to the minutes of July 7, 2014. There were two corrections: 1) page 27 - verbiage that Vice-Chairman Dimond requested be more clear 2) page 29 - Commissioner Nakanishi's name was misspelled. Those items have been corrected in the approved minutes. Commissioner Troiani moved to approve the minutes of July 7, 2014. Seconded by Commissioner Surace, on roll call the vote was: AYES: 7 Troiani, Nakanishi, Schulter, Dubiel, Dimond, Surace, Kanelos NAYS: 0 There being seven (7) affirmative votes the motion carried. NEW BUSINESS 14-ZP-26 Requesting a Special Use Permit per Appendix B, Sections VIII (B)(3)(hh) and VIII(C)(3)(a) to allow a tobacco retail store at 8526 Golf Road. 14-ZP-27 Requesting a Special Use Permit per Appendix B, Section VII (B)(2)(o) to allow a chimney-mounted wind turbine at 8449 North Chester Avenue. 14-ZP-28 Requesting a Special Use Permit per Appendix B, Section VIII (C)(3)(bb) to allow additional wireless communications antennae at 9201 Maryland Street. 14-ZP-29 Requesting a Special Use Permit per Appendix B, Section IX A (B)(5)(a) to allow additional wireless communications antennae at 8360 Dempster Street. Page 1 of 24  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS September 8, 2014 14-ZP-30 Requesting a Special Use Permit per Appendix B, Section VIII (B)(3)(y) to allow Home Depot to rent Penske Trucks at 901 Civic Center Drive. Chairman Kanelos called for the first item on the agenda. 14-ZP-26 Requesting a Special Use Permit per Appendix B, Sections VIII (B)(3)(hh) and VIII(C)(3)(a) to allow a tobacco retail store at 8526 Golf Road. Bruce Sylvester, Senior Planner, stepped to the podium to present this case. The property is zoned B-2. It is located in a strip mall immediately west of Wal-Mart at Golf & Milwaukee. It is currently vacant. Staff believes it meets several of the goals and objectives of the Village's Comprehensive Plan. Staff believes it meets the requirements in order to receive a Special Use Permit. Those are outlined in the Staff report in the Commissioners' packets tonight. The Fire, Police and Engineering Departments have all been informed of this request. All responded and none had any concerns. All legal notifications have been provided both in the newspaper and by mail to owners of properties in the vicinity. There were no phone calls from the public about this proposal prior to tonight. The applicants are present tonight. Commissioner Dubiel has a question of Mr. Annunzio, the Village Attorney. Previously the Board had been finding fact as part of the written documents put before them. Now he understands they have to find fact verbally as well. Mr. Annunzio said reading the recommendation is okay. Chairman Kanelos asked if there were any more questions from the Commissioners. He also asked if there were questions from the public for the Commissioners. There were none. He then called the petitioners to come to the podium. Paul Shiba, 5932 Madison St., Morton Grove, IL 60053 and Tony Shiba, 9294 Home Terr., Des Plaines, IL 60016 stepped up and were sworn in. They had no additional information to offer. Chairman Kanelos asked what exactly would they be selling. Page 2 of 24  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS September 8, 2014 Paul Shiba answered tobacco and tobacco accessories. Cigarettes, cigars, pipe tobacco, flavored tobacco. Tony Shiba said he already has a similar business in Chicago at Lawrence and Cumberland Avenues. They will have water pipes, hookah, lighters, tubes, paper, vapor. He said there are similar shops in Morton Grove and Skokie. Chairman Kanelos asked Mr. Sylvester if there was a shop like this in Niles. Mr. Sylvester said none are coming to mind. Chairman Kanelos asked if the pipes are specifically for tobacco use. This is not what used to be called a "head shop" is it? Tony Shiba said he has signs "must be 18 to enter." He showed the Board his sign. There will be security. Everything will be on a shelf. There will be nothing you can touch. Chairman Kanelos asked if the police department was aware of the types of products and accessories that will be sold. Mr. Sylvester said they are aware. They have no concerns. Vice-Chairman Dimond asked if they were going to be selling e-cigarettes. Tony Shiba said yes. Vice-Chairman Dimond asked what type of procedures are in place to make sure minors are not entering the store. And do you check ID's of everyone who enters the store? Tony Shiba said before he checks ID's the patrons will see the signs on the door. He will strictly check the ID's. If someone says they forgot it, he will say sorry, you must go home and get it. Commissioner Dubiel asked if they would follow all the state laws and Niles ordinances. Tony Shiba said of course. Page 3 of 24  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS September 8, 2014 Chairman Kanelos asked if there were any more questions from the Commissioners. There were none. Any questions from the public? Yes, there is a gentleman wishing to speak. George Printzis, 8449 Chester Ave., Niles came to the podium and was sworn in by Chairman Kanelos. He asked if there were any legal complaints against their other store. Tony Shiba said there have been no complaints. Chairman Kanelos asked if there were any other questions from the public. There were none. He entertained a motion. Commissioner Dubiel moved to recommend to the Village Board to approve a Special Use Permit to allow a tobacco retail store at 8526 Golf Road per Appendix B, Sections VIII (B)(3)(hh) and VIII(C)(3)(a). It has met the requirements for a Special Use Permit and the Findings of Fact have been established regarding Section XI(H)(4) of the Niles Zoning Code. Those three specific standards that must be satisfied are: is the Special Use necessary for the public convenience at the proposed location? The answer is yes. Is the Special Use designed, located and proposed to be operated so that the public health, safety and welfare will be protected? These are legal products whose health and safety have been established to be bad but are still legal. Will the Special Use cause substantial injury to the value of other property in the neighborhood in which it is proposed to be located? No it will not. Seconded by Commissioner Schulter, on roll call the vote was: AYES: 7 Dubiel, Dimond, Surace, Troiani, Nakanishi, Schulter, Kanelos NAYS: 0 There being seven (7) 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 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. Page 4 of 24  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS September 8, 2014 Chairman Kanelos called for the second item on the agenda. 14-ZP-27 Requesting a Special Use Permit per Appendix B, Section VII (B)(2)(o) to allow a chimney-mounted wind turbine at 8449 North Chester Avenue. Mr. Sylvester presented this case. This request for a Special Use is in a residential area at 8449 N. Chester Ave. This area is zoned R-2. It is characterized by single family detached homes. The petitioner, George Printzis, would like to mount a small wind turbine on the chimney of his home for the purpose of generating electricity for his use and possibly to sell back to the electric company. Included in the Commissioners' packets are some photos of the home. Not included in the packet but handed out earlier this evening is an aerial photo of the area. He is showing this on the overhead screen as well. In this photo a view of the chimney is seen with a red circle and a green circle. The smaller green circle represents a 10 ft. radius around the chimney. The larger red circle represents a 20 ft. radius around the chimney. The manufacturer of the turbine states the noise level is 55 decibels at 10 ft. Standard conversational sounds are about 55 decibels. Staff's opinion regarding the Comprehensive Plan is they encourage building techniques that improve energy efficiency and reduce negative environmental impacts. There is also a sustainability section in the Comprehensive Plan. One of the goals listed there to is expand Village supported environmental programs for residents including the use of renewable resources. If this Special Use Permit were granted, it would further at least two of the goals listed in the Village's Comprehensive Plan. In terms of whether the three requirements for a Special Use Permit are met by this request, first - is the Special Use necessary for the public convenience at the proposed location? This wind turbine will not provide energy for the public convenience but will provide for the property owner with a source of renewable on-site energy production. Second, the Special Use designed, located and proposed to be operated so that the public health, safety and welfare will be protected. The wind turbine is proposed to be located on a chimney of a single family home in a single family residential neighborhood. Staff does not have any concerns about public health or safety. Public welfare may be affected if the turbine is noisy or unsightly. He received two phone calls from neighbors about this proposal. Both stated unsightliness as a concern. The noise is no more than 55 decibels which is not very loud. Last, will the Special Use cause substantial injury to the value of other property in the neighborhood in which it is located? That is something for the Board to determine here tonight. Page 5 of 24  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS September 8, 2014 Legal notice was provided in the newspaper and notices were mailed to properties in the vicinity. Included in the packet are pictures of the turbine itself provided by the applicant including schematics and technical information that the applicant can explain. Commissioner Dubiel asked about the decibels. He did research this and found the decibels would fall down to 49 at the edge of the red circle. General neighborhood background noise is about 50. His information references California since there are more residential wind turbines in that state. Vice-Chairman Dimond asked about the wires near the chimney. It looks like they are close. Mr. Sylvester said they are not as close as it appears. That is the angle of the photo. But if it is determined by the Building Inspector those wires present a hazard, they would need to be moved. Commissioner Schulter thinks the picture is deceiving. Chairman Kanelos said the wires are attached to the soffit and are about 6 ft. lower than the chimney. Commissioner Troiani said there was just a terrible storm in this neighborhood with 60 mph winds with rain. Would that affect this thing if it is operating? Commissioner Schulter said it is rated for 150 mph winds. Commissioner Nakanishi said Commissioner Dubiel stated at the 20 ft. mark it would be 49 decibels. Is that during the day or at night? She has heard many of these wind generators drive people nuts. Commissioner Dubiel answered when it is moving. There really isn't much research available. Chairman Kanelos said he tried to research this as well. He found information about wind farms but couldn't find anything negative about the sound level with this particular wind turbine. Commissioner Surace went to ABT and stood 10 ft. away from one. He said Page 6 of 24  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS September 8, 2014 there was nothing to it. Commissioner Dubiel asked what are the noise standards for Niles. Mr. Sylvester said one of the Code Enforcement officers would need to go out with a sound meter and measure the sound. He doesn't know the specific ordinance but there is some limit on how loud things can be. If this were measured to be louder than that, the petitioner would be in violation. Commissioner Dubiel asked if that was measured from the lot line. Mr. Sylvester said if 8442 were to complain, the officer would go to the back to the shared rear property line and measure sound from there. Commissioner Dubiel said one of the criteria is if the Special Use is necessary for the public convenience at the proposed location. This is a private use. If it was public it would have to be someone other than the petitioner that would benefit from this. This would have to be established, correct? Mr. Annunzio said yes but you have to be reasonable. What would be the public convenience to a private home putting this on? Chairman Kanelos said that is what confuses him. Why is this a Special Use issue and not a variance? Mr. Sylvester answered the current zoning ordinance says in this zoning district wind turbines require a Special Use Permit. It does not distinguish between public and private. Mr. Annunzio said the Board needs to differentiate between a negative impact and no impact at all. Because it is on private property and doesn't have a public use, it would have no impact on the public. That criteria would be less important. Commissioner Dubiel said he understood there must be some necessity of the public convenience. Would the argument be there is potential some of this electricity would go back to into the power supply? Mr. Annunzio answered you could say that. Page 7 of 24  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS September 8, 2014 Commissioner Surace said it states rated power is 2 kilowatts. He just put in a generator that is 20 kilowatts. What would 2 kilowatts do - run a refrigerator? Commissioner Schulter asked why the Village wouldn't make this part of an ordinance and let the residents apply for a permit. Mr. Annunzio stated he did not know. Commissioner Schulter asked if any other residents have wind turbines. Mr. Sylvester said in Niles he is not aware of any existing residential wind turbines. Vice-Chairman Dimond wanted to know if the Board could consider this turbine might reduce the demand on the electrical power grid, and possibly feed power back into it, may be of some benefit to the public. Mr. Sylvester said one could make that argument. Vice-Chairman Dimond said it looks like this turbine sits inside the chimney. Mr. Sylvester said it does not. Chairman Kanelos said another question is if the wind is blowing and the blades are turning, it could create more draft. Commissioner Dubiel said it states in the Staff record the proposed wind turbine will NOT provide any public convenience but will provide the property owner with a source of renewable energy. How does Staff come to this conclusion? Mr. Sylvester said he was concentrating on the notion this was a privately owned turbine. You could make the argument since this will reduce the demand for electricity generated in a plant there is a public benefit. He can change his verbiage that it MAY NOT provide any public convenience. Chairman Kanelose asked if there were any more questions for Staff. There were questions from the public. Page 8 of 24  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS September 8, 2014 Mariana Valenta, 8424 N. Clifton, Niles, came to the podium and was sworn in. She lives on the block behind Chester Ave. She and many of her neighbors are concerned. Maybe it won't make a lot of noise but no one knows that yet. It definitely will be unsightly. In a residential area like hers they want everything to look nice. They are concerned about lower property values and she still can't believe it won't make some sort of a sound that will be disturbing to the adjacent neighbors. Once one Special Use Permit is allowed, perhaps there will be more. That would definitely be a problem in the area. Not only the sound, but the unsightliness. The neighbors are also worried about the safety of it. Could it fall over in a storm or break apart? Is he really going to save very much money by putting this up and maybe creating a problem in their nice area? Chairman Kanelos stated the Staff did say there is a method of recourse if there is noise that exceeds the allowable noise limits in the Village. If this does pass and the Trustees pass it as well and there is a problem, he encourages her to talk to the Village. His concern is if someone from the Village will go out there at 12 o'clock at night and measure the decibels. Mr. Sylvester stated yes. Mrs. Valenta asked if he [Chairman Kanelos] would like this on the house next to his. And then what if several other people put them up in his neighborhood. Chairman Kanelos said he can say from his experience, his neighbor put in an air conditioning unit very close to his window, so he already has issues to deal with. Commissioner Dubiel said in the same study he found regarding noise, it said people who do have sleep or health issues are especially sensitive to even much lower noises. William Valenta, 8424 N. Clifton, Niles, came to the microphone next and was sworn in. He is concerned it is a 24 hour noise. It's not like an air conditioner which shuts off at times. This turbine is going 365 days a year, 24 hours a day - how do they know how much noise it will make? And once it is up there it will be hard to get rid of. He also feels it is an eyesore. From what he heard, this doesn't generate enough electricity to light up two light bulbs. What is the real reason for this? It's not to save money because it Page 9 of 24  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS September 8, 2014 doesn't generate enough electric to do anything for the whole house. What about property value? People start seeing weird things on houses and say what's going on over here. He doesn't think the neighborhood is prepared for this. Dale Zilligen, 8419 N. Chester, Niles, approached the podium and was sworn in. He is a licensed electrician in the city of Chicago and a stationery engineer. The windmill is already mounted in the backyard. Is there a permit already issued for this when it was put in the first time or was it put in illegally? Chairman Kanelos said he would not be able to answer a permit problem. He would have to get an answer from Community Development. Mr. Zilligen had a comment regarding sound levels. The O'Hare Commission is saying the planes flying overhead are creating a ground level sound of 55 decibels so that will give you an idea of what 50 is. He went on to explain the speed in relation to the decibels. Is there a permit from Edison to sell electricity back to them? He explained that procedure as well as other parts of tying into the panel, etc. He has spoken with Rick Sheridan [Village of Niles] extensively about this. Is it legal to hook it up to your house system or does there have to be a dedicated outlet powered by battery inverters? He then explained batter inverters. It is going to flash because it is aluminum. It would be a distraction to drivers going down the street. There is a park right across the street. The difference between ground wind and where this would be placed is very little. You'd have to go 125 ft. to 200 ft. up to increase the wind. He then explained the larger wind turbines. This proposed unit could also be detrimental to flying birds. Mr. Sylvester wanted to explain if the zoning permit being requested tonight is approved, this will require review and approval by the Village's electrical inspector, Rick Sheridan. Chairman Kanelos said what this Board does doesn't supersede any codes. Commissioner Surace said once again this 2 kilowatts of power doesn't seem like much. Mr. Zilligen said it would do an air conditioner. He went into an explanation of rated speed and solar panels. Page 10 of 24  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS September 8, 2014 Commissioner Dubiel wanted to clarify with Mr. Zilligen his concerns. First is about noise; second is the eye distraction when driving past; the third issue is the concern about birds. Mr. Zilligen stated yes, those are his concerns. Chairman Kanelos asked if there were any more questions from the public for Staff.. There were none. He called the petitioner to the podium and reminded him he is still under oath because he commented previously. Goerge Printzis, 8449 N. Chester, Niles said with today's equipment, 2 kilowatts is a lot of power. It can run a computer all day, TV, also lighting. The new light bulbs are very low energy. He also has solar panels on the roof and they create about 1 kilowatt. He saves about $20.00 per month. If he adds the wind generator, it would be another $30.00 to $40.00 saving a month. The wiring is already there because of the solar panels. He does have the unit in the backyard until he gets a permit to get it up on the chimney. In the backyard it does not rotate because the wind is not that much. Commissioner Dubiel said he can't tell from the photo if the unit is connected. Mr. Printzis said it is connected to the garage to test to see if it makes sense to take it up to the chimney. It still works in the back. It doesn't make any noise. So far no one has complained about noise. It's not one of those that is vertical. It is horizontal. The only thing is the looks. Way back there were problems with the TV dishes. Now people are used to the look of the dishes. Commissioner Schulter wanted an explanation of 55 decibels at normal conversation. How loud will it be if the wind is 75 mph. Mr. Printzis said the maximum shown is 55 mph. There is no record above that speed. Commissioner Schulter asked what is the model unit being used for the actual inverter. One says 1,000; one says 1,800 watts. So which is it? Mr. Printzis said 1,800. That one is in service now for the solar panels. Page 11 of 24  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS September 8, 2014 Chairman Kanelos asked if these blades can be painted so they are dull and not reflect. Mr. Printzis said yes. Chairman Kanelos went back to the decibel issue. He couldn't find this but is there any information about concern regarding potential flicker, like a strobe effect with the sun shining through it. Mr. Printzis said no. Chairman Kanelos said someone with a level of expertise sold this unit to you. Would it be possible to table this and come back with somebody who could answer our questions? Maybe that would work better for the whole neighborhood if someone from the company could explain this unit. Mr. Printzis said he didn't think so. Commissioner Nakanishi said the spec sheet says the blade length is 42" but they look taller. Mr. Printzis said the sheet is incorrect. They are 60" (5 ft.) He said they could make them smaller if necessary. Commissioner Dubiel stated Mr. Printzis said the blades are not aluminum but the spec sheet says they are. The front picture shows a rusted base. Mr. Printzis said it is just a base to keep it there. It is not part of the unit. Commissioner Dubiel asked if the unit he purchased is brand new. But there is no name of a manufacturer, no serial number. Mr. Printzis said it was built. It is about a year old. He tried to get a permit about a year and a half ago but was told no. So it has been in the back of the house. He put the spec sheet together himself. Commissioner Dubiel said so far there are a lot of inconsistencies. He used that information for his research. Now he is doubting the information. He suggests this case be tabled until Mr. Printzis can bring in an expert or better data. Page 12 of 24  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS September 8, 2014 Mr. Printzis said this started as a school project. Certain things can't be found anywhere because they're from high school. He can't bring the teacher to this meeting. Some of it is home-built. Commissioner Dubiel made a motion to table this item. Seconded by Commissioner Troiani, on roll call the vote was: AYES: 6 Dubiel, Dimond, Surace, Troiani, Nakanishi, Kanelos NAYS: 1 Schulter There being six (6) affirmative votes the motion carried. Chairman Kanelos said this will be on the agenda next month if Mr. Printzis can provide more information. It is possible it would be approved next month. Bring someone who can answer the Board's questions. They need answers regarding sound, speed, size, wattage, etc. Mr. Printzis said not necessary; just take it off the agenda. Chairman Kanelos called for the next item on the agenda. 14-ZP-28 Requesting a Special Use Permit per Appendix B, Section VIII (C)(3)(bb) to allow additional wireless communications antennae at 9201 Maryland Street. Mr. Sylvester said this third item is also requesting a Special Use Permit although the recommended action would be to amend an existing Special Use Permit that was granted by ordinance 2002-7. A copy of that ordinance was left out of the Board's packets when mailed. But it is included in papers that were passed out to each of the Connissioners before tonight's meeting. That ordinance allowed the placement and maintenance of antennae and related equipment on the building at 9201 Maryland Street. The request tonight is to add additional antennae and equipment where there are already antennae and equipment located. This is a tall residential building just east of Milwaukee Avenue. In the packet is a photo of the building. On that photo one can see the equipment already on top of this building. The parcel is zoned B-2. With a Special Use Permit, or in this case with an amendment to an existing Special Use Permit, cell phone antennae are allowed as Special Uses. The three criteria for a Special Use Permit have been met. Staff provided all the required legal notifications both in the newspaper and to owners of property in the vicinity. Ms. Kathy Farina, representing the Page 13 of 24  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS September 8, 2014 petitioner, is here tonight to explain the request in detail. In the packet is a site plan and also elevation showing the current situation and the proposed appearance if the Special Use permit is approved. Chairman Kanelos asked if there were any questions for Staff from the Commissioners or from the public. There were none. He called the petitioner to the podium. Kathy Farina, Sprint, 540 W. Madison St., Chicago, IL 60661 came forward and was sworn in. Sprint would like to install three antennae and related equipment to the existing Sprint facility at 9201 Maryland St. This proposed upgrade is being undertaken in order to address increasing bandwidth demand from users with Smart Phones, table devices, laptops and other devices requiring wireless service. The project is intended to bring advanced long-term evolution in 4g services to Niles. The deployment of 2.5 will supplement the existing antennae with three panel antennae which contain a higher bandwidth. This upgrade will allow for full motion video in real time as well as improve voice and data services. Sprint currently has three antennae and radio relay units mounted on this building. They would like approval to install three additional antennae and radio relay units on the existing sled mounts at the same height. The proposed antennae will measure 61" H x 12" W x 4.3" D which is actually smaller than the existing antennae. The upgrade is intended to fill a coverage gap to the northwest section of Niles including the Milwaukee Avenue and Golf Road corridor. Commissioner Troiani asked if this has been approved by Mr. Chapman from the Village of Niles. Commissioner Dubiel said on page 1 in tonight's packet it shows Mr. Stu Chapman has reviewed the proposed amendment and determined a previously granted Special Use Permit is required. He asked if the petitioner rents this space from the owner and do their service technicians have access to manage the equipment. Ms. Farina said yes. Commissioner Nakanishi asked if they are removing old equipment when adding this new equipment Ms. Farina said no, they are adding the new equipment. They are enhancing Page 14 of 24  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS September 8, 2014 the service that is already there. Chairman Kanelos asked if there would come a time when the antennae would look nicer on top of these buildings. Ms. Farina said the equipment is getting smaller so that helps. Chairman Kanelos asked if there were any more questions for the petitioner. There were none from the Commissioners or the public. He entertained a motion. Vice-Chairman Dimond moved they recommend the Village Board amend the Special Use Permit granted by ordinance 2002-7 to allow additional cell phone antennae on the residential tower located at 9201 Maryland Street per Appendix B, Section VIII (C)(3)(bb). She also moved that the Board make the finding that the Special Use is necessary for the public convenience at the proposed location in that it will enhance cell phone service to the Niles community; that the Special Use is designed, located and proposed to be operated so that the public health, safety and welfare will be protected; and the Special Use will not cause substantial injury to the value of other property in the neighborhood in which it is proposed to be located. 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 said 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. 14-ZP-29 Requesting a Special Use Permit per Appendix B, Section IX A (B)(5)(a) to allow additional wireless communications antennae at 8360 Dempster Street. Page 15 of 24  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS September 8, 2014 Mr. Sylvester said this item is also being proposed by Sprint. Ms. Farina is also going to represent this application. This is similar to the previous application that was just discussed as it is a proposal to place additional antennae on an existing facility; however in this case it is a monopole. There is a photo in the Staff report in the packet. It shows this is an existing monopole located at Niles Fire Station #2 on Dempster Street. This monopole has existing antennae. Sprint is proposing additional antennae for the same reason to basically enhance service. Staff has reviewed this and it does require s Special Use Permit, although it is a different zoning district. The previous request was in a B district; this is in the Public Lands district. Staff believes the three requirements to receive a Special Use Permit have been satisfied. As with the previous item all the required legal notifications both in the newspaper and to owners of property in the vicinity were handled. Also included in the packet is a similar set of attachments that shows a site plan for where the monopole is located and an elevation that shows the current situation with the existing antennae and how the monopole would appear if this is approved. Chairman Kanelos asked if there were any questions from the Commissioners. There were none. There were no questions from the public either. He asked the petitioner to come to the podium. Ms. Farina is still under oath. She added they are installing three new antennae on the existing monopole. Two antennae will be the same size, 61" H x 12" W x 4.3" D. The third antenna will be a little smaller, 55" H x 11" W x 4" D. They will add a new growth cabinet to the existing steel platform. A structural analysis has been completed for both the tower and the platform so it can accommodate the additional antennae. This upgrade is intended to fill a coverage gap within a quarter mile radius of the intersection of Dempster and Greenwood. Commissioner Troiani asked if this would interfere with the radio at the Niles Fire Department. Ms. Farina said no. They did conduct a RF study that was provided to Mr. Stu Chapman. He did approve the report. Mr. Sylvester said he forgot to mention that at each Commissioner's seat tonight was Stu Chapman's technical report and he has approved it. Page 16 of 24  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS September 8, 2014 Commissioner Dubiel asked what is the limit [of antennae] that can be placed on the monopole. This is a Village owned monopole that Sprint mounts antennae on along with additional providers on that pole, correct? Ms. Farina said yes. She doesn't know how many antennae can be placed on the pole. Commissioner Dubiel asked if this is reaching the saturation point. Mr. Sylvester said he doesn't know the technical answer but he does know there is a limit. If they aren't there, they are getting close. Commissioner Dubiel said in the packet there is reference to Mr. Stu Chapman of MSA. Maybe it could be spelled out - Municipal Service Associates. Mr. Sylvester said he can do that. Commissioner Schulter asked based on the weight of things on the monopole, would Stu make that recommendation, weight wise? And based on the cell towers in the Village, does he monitor that? Mr. Sylvester said yes. He performs a technical review for the structural soundness, radio frequency interferences and all of the technical components of the proposal. He monitors that as proposals come in. Chairman Kanelos asked if there were more questions from the Commissioners. There were none. There were no questions from the public. He then entertained a motion. Commissioner Dubiel moved they recommend the Village Board amend the Special Use Permit granted by ordinance 2000-54 to allow additional cell phone antennae on an existing monopole tower located at 8360 Dempster Street per Zoning Ordinance Appendix B, Section IX A (B)(5)(a). The requirements for a Special Use Permit findings of fact have been established. Seconded by Commissioner Schulter, on roll call the vote was: Page 17 of 24  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS September 8, 2014 AYES: 7 Dubiel, Dimond, Surace, Troiani, Nakanishi, Schulter, Kanelos NAYS: 0 There being seven (7) 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 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 last item on the agenda. 14-ZP-30 Requesting a Special Use Permit per Appendix B, Section VIII (B)(3)(y) to allow Home Depot to rent Penske Trucks at 901 Civic Center Drive. Mr. Sylvester presented this case. Home Depot is requesting approval so they can partner with Penske Trucks and have on-site up to nine rental trucks on premise that would be rented out to customers. The Village Zoning Ordinance says this type of use does require a Special Use Permit. It is Staff's opinion approving this would accomplish at least one of the goals in the Comprehensive Plan. That would be maintaining a range of retail and service commercial activities in the Village along key corridors. This request was circulated to Fire, Police and Engineering Departments. None of them had any comments or concerns. The site plan Home Depot provided is the last page in the Staff report. He is showing it on the overhead as well. The area where these nine vehicles would be stored is not currently striped or designated for parking. Therefore no parking would be lost. However, Staff does have a concern these trucks would be stored in an area that could interfere with delivery trucks. Home Depot provided renderings of the turning movements in the back where these trucks would be parked. While it may be tight these rental trucks would not interfere with trucks delivering to Home Depot. On page 2 in the packet are the three requirements that need to be satisfied. Staff believes they are met by this proposal. Legal notification was mailed to the surrounding area and published in the newspaper. Staff's recommendation would be for the Plan Commission to recommend approval and that the Village Board approve this with two Page 18 of 24  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS September 8, 2014 conditions: 1) no more than nine vehicles will be allowed 2) rental trucks would only be allowed to be stored in the area shown on the site plan in the packet. Staff does not want the parking area along Waukegan Road to become a vehicle rental display area. Chairman Kanelos asked if there would be a requirement for the renters of these vehicles on how to exit the parking area. Would there be any restricted exits? He is thinking of the area that goes out toward Nordica. Mr. Sylvester said perhaps the Board should talk to the petitioner about that. Renters may be instructed to exit and return these vehicles via a certain route. Chairman Kanelos said likewise the area in front of the Senior Center, specifically the Niles Fitness Center, people disregard that stop sign. Commissioner Dubiel said a few years ago this Board approved Penske truck rental at the Grendel Oil Change facility on Milwaukee Avenue near Dempster Street. Do we know the status of that facility? Mr. Sylvester said it was before his time at the Village of Niles. Vice-Chairman Dimond said in looking at the aerial photo in the packet, it shows a lot a people parking in the back near the King Spa. She sees cars where it says proposed island. Are people from King Spa parking over there? Mr. Sylvester said he thinks she is looking at materials Home Depot is storing there. They are not vehicles. Vice-Chairman Dimond said it looks like there is room for six or seven spots. Mr. Sylvester said there is room for seven standard size trucks; to the left there is room for two more - possibly 40 ft. box trucks. Vice-Chairman Dimond asked if they are anticipating people who rent these trucks would pull around to the front of Home Depot and pick up things they purchased and are taking home. Mr. Sylvester said he did not know. Page 19 of 24  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS September 8, 2014 Chairman Kanelos asked if there were any more questions for Staff. There were none. There were no questions from the public either. He then called the petitioner forward. Alex Malcolm, GreenbergFarrow, 21 S. Evergreen, Suite 200, Arlington Heights, IL 60005 came to the podium and was sworn in. She did not have any more information to add to Mr. Sylvester's presentation. Commissioner Surace asked who will be checking driver's licenses - Penske or Home Depot? The renters will have to produce special licenses. Ms. Malcolm said there is a Penske system that verifies the license. Renters can sign up on line and designate from which store they will be picking up the truck. When doing so, the license would be verified. Chairman Kanelos said box trucks do not require a special driver's license. Vice-Chairman Dimond said she read the letter in the packet that states the Penske program has been established to help Home Depot customers. What is expected as traffic flows from the back of Home Depot to the front? How would these trucks be moving in and around the Home Depot parking lot? Ms. Malcolm said Home Depot currently has a load and go program with their own pick-up trucks. She imagines the same doorways would be used similar to when people pick up their purchases and use Home Depot's load and go rental pick-up trucks. Commissioner Dubiel said the exits here are facing west. He went on to explain the exit route from the photo in the packet. He said the simplest egress is on the photo that shows the entire site plan. You can pick up the truck in the back and go north, then to the left which puts you at Civic Center Drive just past the Niles Fitness Center. There is an exit south to Nordica or behind the Super H Mart; there is an egress to the west which would take you onto Waukegan Road. That is in front of, but it would be easier to go behind. He is very concerned with exactly how this will function, particularly in winter. You might want us to table this request and get a representative from Home Depot and/or Penske to go through this. There is a fence along the garden center; it is possible to have an egress there. Ms. Malcolm said if the Village has a preferred route Home Depot would be Page 20 of 24  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS September 8, 2014 amenable to install signage or have some sort of method that people renting the trucks would be notified there is a certain route out of the area. Commissioner Dubiel asked Mr. Sylvester if this area is where Staff imposed Home Depot to store the trucks. He presumes the Department does not want nine yellow Penske trucks in front of Home Depot. Mr. Sylvester said that is correct. Commissioner Dubiel wondered if there might be an easier, better spot. In the winter with snow piled up that area is not easy to drive through. Right now he is having a hard time how this will function. Commissioner Schulter asked if the owner of the mall would have to agree to this as well. Mr. Sylvester said he's sure there would have to be an agreement within the lease. Commissioner Dubiel said his point is, if the Village is imposing this on them, and the property owner says OK, we need to impose some restrictions on where the trucks can go. He thinks they might want to revisit the issue. Chairman Kanelos said the trucks, where they are now, would exit going south and then west. There is a lot less foot traffic than if they were parked in the front. You won't be able to see much from the street anyway. By isolating them in the back with restricted access to Nordica and they go out the other way, they are avoiding more foot traffic. He is suggesting the exit should be behind Super H Mart then out to Waukegan. Commissioner Dubiel asked if Home Depot would be amenable to this restriction. Ms. Malcolm said she believed so. Commissioner Schulter asked how would this be policed. It is also going to affect other trucks going in and out of there. Even other trucks that shop there will have to abide by this rule. He feels once that rental truck starts leaving, every truck driver will have to obey the signage. Page 21 of 24  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS September 8, 2014 Chairman Kanelos said no, other trucks aren't all going to be parked in the back. The signs would be directed to the renters. When they rent the truck, you tell them this is the way they have to go. Commissioner Nakanishi asked if Home Depot would be agreeable to issuing an 8-1/2" x 11" sheet with a map that says this is the route they must take to exit with the rental truck. Commissioner Dubiel said considering potential ways to get out of there, the cleanest, easiest would be directly south and directly west behind Super H Mart to Waukegan and then turn left or right. Commissioner Troiani asked how often does Penske think these trucks will be rented. Ms. Malcolm said it varies by location. The peak volume is typically weekends. All seven of those spaces would get turned over. Commissioner Troiani said if they are all rented, then you have to bring them back to fill in. The King Spa people said they would not be parking in the back and they do. We will get involved with the same thing here. Chairman Kanelos said no one is going to park a 20' or 40' Penske box truck on Nordica. It is not going to happen. Mr. Sylvester said the Village could require Home Depot or Penske to put a sign stating all Penske trucks must turn right to exit on Waukegan, or something even simpler than that. Commissioner Nakanishi wondered if the Board could ask Home Depot for a recommended route of return. Chairman Kanelos said they can ask anything they want as a condition. Commissioner Schulter said the apartments along the back of Home Depot had a parking issue with King Spa. You can't park back there anymore. Residents were being ticketed. The owners of the buildings then had to create parking within the courtyards in between those buildings. The King Spa patrons take up all the parking there. You can hardly drive through. Page 22 of 24  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS September 8, 2014 Commissioner Nakanishi once again said there should be a recommended route of return for trucks. Commissioner Troiani said they can drop the truck off at any Home Depot in the country. Commissioner Nakanishi said fine, but they still don't want them driving by the Health Club or Senior Center. Chairman Kanelos said a large percentage of people will bring the truck back to the same location. He feels the return route should be the same as the exit route. Commissioner Dubiel asked if there could be wording in a motion describing a drive that exits onto Waukegan and is an east-west drive behind Super H Mart [a service road]. Mr. Sylvester stated you might want to use the term "service drive" at the southern most end of the property Vice-Chairman Dimond moved they recommend the Village Board approve a Special Use Permit to allow truck rentals at Home Depot located at 901 Civic Center Drive as provided in Appendix B, Section VIII (B)(3)(y) and meet the following conditions of approval: 1) no more than nine rental trucks are allowed on premise at any time. 2) rental trucks are only allowed in the area designated on the approved site plan. 3) all renters who are renting from this location will be directed to drive their trucks due south from the parking area to the service road which runs east- west along the southern boundary of the property, currently behind what is now known as Super H Mart, out to Waukegan Road. Conversely renters who are returning vehicles must be directed to return them by driving on the service road at the southern end of the property due east then north to the parking area. In conjunction with this recommended action she also moved they make the finding this Special Use is necessary for the public convenience at the proposed location in that it will provide rental services for the public; also find the Special Use is designed, located and proposed to be operated so that the public health, safety and welfare will be protected; and the Special Use Page 23 of 24  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS September 8, 2014 will not cause substantial injury to the value of other property in the neighborhood in which it is proposed to be located. 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 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 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 Surace, 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. The meeting adjourned at 8:50 p.m. Kathleen Janessa, Recording Secretary Page 24 of 24