Planning and Zoning Board

APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS January 5, 2015 The Niles Plan Commission and Zoning Board of Appeals was called to order at 7:02 P.M. Chairman Kanelos asked everyone to stand for the Pledge of Allegiance. He then wished everyone a Happy New Year. Present with Chairman Thomas Kanelos was Vice-Chairman Karen Dimond. Also present were Commissioners Thomas Surace, Angelo Troiani, Robert Schulter and Morgan Dubiel. Commissioner Barbara Nakanishi was absent. Bruce Sylvester, Senior Planner, was also in attendance. Chairman Kanelos asked if there were any additions, clarifications or corrections to the minutes of December 1, 2014. There were none. Commissioner Troiani moved to approve the minutes of December 1, 2014. Seconded by Commissioner Dubiel, on roll call the vote was: AYES:6 Troiani, Schulter, Dubiel, Dimond, Surace, Kanelos NAYS: 0 ABSENT: 1 Nakanishi There being six (6) affirmative votes the motion carried. NEW BUSINESS 15-ZP-01 Requesting a Special Use Permit per Appendix B Section VIII(B)(u) and Section VIII(C)(3)(a) to allow Foss Swim School to open and operat e a swim school at 8299 West Golf Road in the Four Flaggs shopping center. 15-ZP-02 Requesting a plat of re-subdivision to move the property line between two adjoining properties located at 8753 Sunset Road and 8369 Western Avenue. Chairman Kanelos called for the first case to be presented this evening. 15-ZP-01 Requesting a Special Use Permit per Appendix B Section VIII(B)(u) and Section VIII(C)(3)(a) to allow Foss Swim School to open and operate a swim school at 8299 West Golf Road in the Four Flaggs shopping center. Bruce Sylvester, Senior Planner, presented this case. He said the overhead projector is not working tonight so there will be no visual items shown. The Page 1 of 11  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS January 5, 2015 staff report is included in the Commissioners' packets. This would be located in the Four Flaggs shopping center in the western most corner of the center near Milwaukee Avenue. Additionally there is a request for parking credits based on the amount of parking available and parking required for this location. They propose to invest a substantial amount of money at this location by putting in swimming pools and then provide swim classes for the community. Information about the classes is included in the packets. There is also a floor plan in the packet. A swim school, or any school in Niles, requires a Special Use permit. There are standards to use when requesting a Special Use permit. They include whether or not it complies with the Village's Comprehensive Plan goals and the standards listed in the zoning ordinance. Staff's opinion is by approving this it would further the Village's Comprehensive Plan, first by promoting commercial corridor beautification and combating blight. Staff believes preventing vacancies is one way of combating blight. Second, it would accomplish the goal maintaining a range of retail and service commercial activity throughout the Village along key corridors. Additionally in terms of economic development recommendations, if this is approved, it would maintain and strengthen the Village's tax base through the attraction of new business and it would accomplish the goal of seeking an appropriate mix of commercial and retail business throughout the Village. This proposal was circulated to the other Village departments for their comments. The only question received was from the Engineering Department about water and sewer service. They requested more information from the applicant and the applicant is complying at this time. Staff does not have concerns about parking but technically Four Flaggs has less parking than the zoning ordinance requires. This proposed business would require more parking than a standard retail business. A retail business at this site would only need 28 parking stalls. This business requires approximately 50 stalls. Therefore Staff is recommending that a difference of 22 stalls be granted in addition to the requested Special Use Permit. There are three Findings of Fact which must be met when applying for a Special Use Permit. First, Staff believes it is deemed necessary for the public convenience at this location. Second, Staff believes it is designed, located and proposed to be operated so that the public health, safety and welfare will be protected. Third, this business will not cause substantial injury to the value of other property in the neighborhood in which it is located. They did comply with all the notification requirements. Any recommendation this Board would approve tonight would go before the Village Board at their next meeting tentatively scheduled for January 27, 2015. Chairman Kanelos asked if there were any questions from the Commissioners. Page 2 of 11  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS January 5, 2015 Commissioner Dubiel asked a question regarding the parking credits and other businesses in the immediate area. Do you see a conflict with this business and existing businesses? Mr. Sylvester said in some ways there is a benefit in that this business will bring people to the shopping center that will utilize other businesses, for example the restaurants. Staff does not see a conflict. Vice-Chairman Diamond wanted to know exactly what spot this is going into. Mr. Sylvester said it is highlighted on the sheet that shows some of the other major tenants. Commissioner Surace said he is concerned with the traffic at this section of the center. It is very concentrated. As soon as you come in off Milwaukee Avenue there is congestion. But that is the only negative. Everything else looks positive. Commissioner Dubiel said Pets Mart is nearby. People run in and run out. He assumes that is part of their parking analysis. There is a Subway. That business is most intense around noon and dinnertime. Are there any other concerns about parking? Mr. Sylvester said the parking at Four Flaggs is spread out over a large, oddly shaped parking lot. The most available parking is farther east in front of Fresh Farms and the pizza restaurant. The Sears Outlet and JoAnn Fabrics are also right there. However, that parking is available for use for anyone who is visiting the shopping center. Staff's opinion is there is a nice mix of business there. Adding a service type business like this swim school compliments the other businesses there. Mixing up the types of businesses in the center among restaurants, retailers and services, etc. minimizes the chance that everyone will be entering at the same time. Commissioner Dubiel said this sounds like a drop-off type of business. Mr. Sylvester said that question should be addressed to the petitioner. Chairman Kanelos asked if there were any more questions for Staff from the Commissioners. There were none. He stated if the public had questions they could be asked after the petitioner speaks. Dean Lev, Inland Commercial Property Management, 2901 Butterfield Rd., Oak Brook, IL 60521 stepped to the podium and was sworn in. Inland owns and operates the property in question [Four Flaggs shopping center]. He added there is another representative present from Inland who handles leasing. The owner of Page 3 of 11  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS January 5, 2015 the business is also in attendance. Foss Swim School has several other locations in the area in centers that Inland operates. They are a nice compliment to other businesses in the centers. John Foss, 6545 Flying Cloud Drive, Suite 101, Eden Prairie, MN 55344 came forward and was sworn in. He said this would be their twelfth location. There are seven in Minnesota around the Twin Cities and four in Illinois. In this area there is one in Highland Park (opened in 2010), Libertyville (opened in 2012), Lakeview/Lincoln Park and South Barrington. This is a great market and they have a great partner with Inland. He said for a very small percentage it is a drop- off place but for the most part the parent stays and watches and encourages the child. He's been coaching and teaching swimming for 28 years. This is their 23rd year as a swim school. They started with 12 students and kept reinvesting and growing give more children the opportunity to learn to swim. Chairman Kanelos said he is frequently at this mall and always been able to find a parking spot. Sometimes it's farther away from the store he wants to enter and it can be quite a distance. He assumes Mr. Foss is aware of this. Mr. Foss said he has been there fifteen times at various times of the day. He's always been able to get a spot right in front of their proposed location. Fresh Farms is going to be on the other side of the mall. He'd be more worried about parking if he were going to be next door to that store. He doesn't feel it's going to be a problem. Commissioner Troiani said he sees on the plan there are going to be twelve changing rooms in the back. Are they going to be locked? Mr. Foss said no. A person can go in the changing room and turn the lock once inside. Parents with children go into the water too and need to change. Also there are adult swimmers that need to change. When the school originally started, they had male and female locker rooms. But problems started arising. Let's say you have a father with a 4 year old daughter; he can't go into the girls locker room, and doesn’t want to take her to the boys locker room. Gradually they changed to 5' x 5' changing stalls. Commissioner Troiani asked if they leave their clothes there and then use the same room again when done. Mr. Foss said they used to do that but now have about fifty different places around the area. A parent and a child can put their belongings in one of those places. Page 4 of 11  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS January 5, 2015 Commissioner Troiani is concerned about cell phones. Where are people going to put all these if there are no lockers? Mr. Foss said there have been no thefts in their facilities in the last three years. Every family has to check in at the front desk. After the first or second week they recognize everyone coming in. There are three or four people at the front desk. Commissioner Troiani asked if that was their security. Mr. Foss said yes and it has worked well for them. Chairman Kanelos asked the Village Attorney, Joseph Annunzio, if this area qualifies as a locker room. There is already an ordinance prohibiting cell phones from locker rooms. Mr. Foss would have to tell his clients they cannot take their cell phone into that area. That can be posted. He will do whatever the Village asks. Vice-Chairman Dimond wanted clarification on how many parking stalls he needs. Twenty-one scheduled students on Saturday morning. Is that when you're the busiest? Mr. Foss said there are twenty-one students per half hour. It is averaging a parent brings in 1.8 children with them. They don't do large classes. There are 3 to 4 children per group. They charge $20 per class. Vice-Chairman Dimond said then you would have 21 students at one given time. Mr. Foss said it could be higher or lower but it's an average. Commissioner Dubiel confirmed there are eleven locations. He confirmed they have gradually scaled up. Once they are up and running, he assumes Mr. Foss can delegate this out to swim managers. Mr. Foss stated they will not build another facility until they have a competent, well trained, experienced manager in place. They have more opportunities then they have staff to run them. Their goal is not to be the biggest - it is to be the best. He went on to explain the percentages of graduations and completions of the swim courses. Commissioner Dubiel is interested in how he chooses his locations. What is your dollar investment in this particular location? Page 5 of 11  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS January 5, 2015 Mr. Foss stated $1.3 to $1.5 million. Commissioner Dubiel said the Board's concern is for parking and Mr. Foss' is for a successful business. Do you have some concerns or no concerns about parking? Mr. Foss said he has some concerns about parking. He feels they have been assuaged by fifteen visits there and by working with the mall. When dealing with multiple choices of site plans, not one of his staff has had concerns about parking at this location. Parents are willing to park a little bit away. They don't have to park right in front of the entrance to the swim school. He described one of his locations in Knollwood Mall which has a similar parking situation. People will come. It's not as if there is no parking. Then that would be a problem. Commissioner Dubiel was going to ask Mr. Lev about the mall's approach to the parking issue. Chairman Kanelos then asked both Mr. Lev and Mr. Foss if either is concerned about parking issues. They both said no. Vice-Chairman Dimond asked Mr. Sylvester about comments from other department heads. Did the Engineering Department get the information they need regarding water and sewer service? Mr. Sylvester said that was forwarded to the applicant. Mr. Lev said they are still putting that information together. But they are at a crossroads because if this doesn't get approved there is no point in additional expense for engineering information. Chairman Kanelos said to Mr. Sylvester that doesn’t affect the Special Use. They will have to comply with whatever the codes are and what Engineering requests. Mr. Lev said what they have spent so far is to make sure the location will accommodate the pools. Commissioner Troiani is still concerned about security. There may be three people on staff. Are they all qualified for health issues? Chairman Kanelos said there will be approximately nine people on staff. Three of them will be at the front desk area. Page 6 of 11  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS January 5, 2015 Mr. Foss said the staff is trained in first aid and CPR. Chairman Kanelos asked if they are required to have any kind of state or local licensing to operate this type of business and have a certain number of people who are licensed in CPR and lifeguards, etc. Is it state regulations? Mr. Foss said he has to comply with all of that. He also said it is more insurance company regulations. They determine how many should be lifeguards, CPR trained, etc. Commissioner Troiani said he is concerned if this goes before the Village Board, they will ask about security. Is Mr. Foss going to do whatever the Board asks regarding security? Chairman Kanelos said if there are requirements made by the Village Board, Mr. Foss will have to comply. It is a point well taken. He then asked if there were other questions. Commissioner Schulter asked if the swim school held competitions or water polo. Mr. Foss said no. They used to do birthday parties and stopped that. They focus all the attention on swimming lessons for children and adults. They offer some family swims but there are always instructors in the water. Chairman Kanelos asked if there were more questions from the Commissioners. There were none. There were no questions from the public for either the Commissioners or the petitioner or Staff. Commissioner Dubiel moved to approve a request for a Special Use Permit and parking credits necessary to allow Foss Swim School to open and operate a swim school at 8299 West Golf Road in the Four Flaggs shopping center per Appendix B Section VIII(B)(u) and Section VIII(C)(3)(a). It meets the requirements for Special Use and the Findings of Fact included in Section I X (H)(4) of the Niles zoning code, specifically: Is the Special Use necessary for the public convenience at the proposed location? Yes, that has been demonstrated today. Next, is the Special Use designed, located and proposed to be operated so that the public health, safety and welfare will be protected? Yes. Last, 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. Seconded by Vice-Chairman Dimond, on roll call the vote was: AYES:6 Dubiel, Dimond, Surace, Troiani, Schulter, Kanelos NAYS: 0 ABSENT: 1 Nakanishi Page 7 of 11  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS January 5, 2015 There being six (6) affirmative votes the motion carried. Chairman Kanelos stated this Board is a recommending Board to the Board of Trustees who can either confirm or negate this decision. It will be necessary for the petitioner to contact Mr. Ostman 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 tonight's agenda. 15-ZP-02 Requesting a plat of re-subdivision to move the property line between two adjoining properties located at 8753 Sunset Road and 8369 Western Avenue. Mr. Sylvester presented this case. This is a proposal to move a lot line between two adjacent properties. There is an aerial photo of the two properties in the packet. The yellow lines are existing property lines. The proposal is to move the rear property line of 8753 to the north and put it where shown on the map. Staff has reviewed this proposal. The two resulting lots [after this subdivision, if it is approved] would both meet all the zoning requirements for lot area, lot width, lot coverage, etc. For that reason Staff is recommending approval of this request. In terms of finding goals in the Comprehensive Plan this would address, there is nothing specifically in there. The closest thing he could find for approval of this request would be the consistent administration and enforcement of residential development regulation. It's a bit of a stretch but the only one he could find. In terms of zoning requirements both of these parcels are in the R-2 zoning district and the resulting lots would comply with the Village's lot regulations. This was reviewed with the Village Engineer. There are no easement concerns; no right of way dedication required. And there were no concerns from other departments in the Village. There are some suggestions for Findings of Fact in the middle of page 2 inside the Commissioners' packets. The legal notice for this item was published in the newspaper. The Board is a recommending body to the Village Board. Attached to the packet is a current plat of survey showing the existing lots. The final page is the proposed plat of re-subdivision. Vice-Chairman Dimond asked if that is a pool shown at 8369 Western. Chairman Kanelos said it is a pool. Page 8 of 11  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS January 5, 2015 Vice-Chairman Dimond has a concern if this is approved and the property at 8753 Sunset Road is sold to another owner. What if they come in and say they need a variance to build a garage because they have this odd shaped lot and have no room to put a garage in the back of the property? Mr. Sylvester said the house at 8753 has an attached garage that has access and a driveway onto Sunset Road. What Vice-Chairman Dimond described could happen in the future if the owner of 8753 wanted to build a detached garage in their backyard. This action effectively reduces the size of their backyard. They would either not be able to have a detached garage or they would need to request a variation. Chairman Kanelos asked if there were other questions from the Commissioners. There were none. He called for the petitioner to come forward. David Cottrell, 8369 N. Western Ave., Niles, IL 60714 [business address: 2 W. Talcott Ave., Suite 4, Park Ridge, IL 60068] was sworn in. He has lived at this address since 1981. The reason he is doing this is for his neighbor at 8753 Sunset Road. The man wants to stay in his home and needs to sell off the property in order to stay there and maintain 24 hour nursing care which he now has. He doesn't want to go to a nursing home. Commissioner Troiani asked if this property is going to be bought by Mr. Cottrell at 8369. Mr. Cottrell said yes, he is going to merge it into his property. Chairman Kanelos asked if there were any more questions from the Commissioners. There were none. He asked if there were questions from the public. Sebastian Mauro, 8429 N Western Ave., Niles, IL 60714 stepped forward and was sworn in. He has lived at this address since 1975. He knows the owner of 8753 Sunset Road. He feels Mr. Cottrell is taking advantage of the older people. There is trouble with water there because of the easement. Before this Board says yes [Mr. Cottrell hasn't bought the property yet] the owner may give it to him. Chairman Kanelos said he doesn't understand what Mr. Mauro is asking of the Board. Mr. Mauro said before the Board says yes you have to see what is going on in the block. Page 9 of 11  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS January 5, 2015 Chairman Kanelos said Mr. Cottrell can't go for the subdivision if he doesn't own the property. Mr. Mauro said what about the easement. Mr. Sylvester said they had the Village Engineer look at the easements and drainage. It is shown on page 2 in the packet regarding this case and the Engineer did not have any concerns. Part of his review is drainage but moving of the lot line won't affect drainage. The easements will remain and new ones will be created. If you look at the final page in the packet there are five foot easements along all property lines. The plat shows the existing ones which will be maintained along with new ones. Chairman Kanelos said if water flows in between the backyard of 8753 and the side yard of 8369 and flows to the street, is that how the water flows right now? Mr. Sylvester said he doesn't know the topography of the area. Chairman Kanelos said if the owner decides to build in what was the easement, such as a garage or a shed, why can't he? That is because it is now part of his [Mr. Cottrell's] parcel. All he has to do is meet the side yard specs. But could he block the flow of water? Mr. Sylvester said when the Village issues a building permit, the Engineer reviews it for drainage. It would be his responsibility to make sure there is no drainage problem. Mr. Cottrell wanted to explain that Mr. Mauro has always had issues with him. He's a CPA practicing for 40 years and he doesn't take advantage of anyone. He is simply trying to keep his neighbor out of a nursing home. The man needs funds. He's done everything the Village asked of him. He is not planning on altering the property or put a building on the property. Chairman Kanelos asked if there were other questions for the petitioner or Staff. Commissioner Dubiel wanted to comment the Village Engineer has reviewed the proposed plat and reports all necessary easements are provided and no right of way dedications are required. In terms of zoning, there are no issues. If in the future he wants to add a building, then that becomes a Building Department issue, correct? Mr. Sylvester said yes. Page 10 of 11  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS January 5, 2015 Chairman Kanelos asked if there were other questions. There were none. He then entertained a motion. Commissioner Dubiel moved to approve the proposed plat of re-subdivision to move the property line between two adjoining properties located at 8753 Sunset Road and 8369 Western Avenue as provided in Appendix B Section XI C.1(3)(i) and Findings of Fact are as follows. The plats of re-subdivision and consolidation will allow the lot line to be moved between two adjacent lots. It will accomplish at least one of the goals of the Village's 2030 Comprehensive Plan as attested to by Mr. Sylvester and the proposed parcels will comply with all the zoning requirements for lot size and width. Seconded by Commissioner Troiani, on roll call the vote was: AYES:6 Dubiel, Dimond, Surace, Troiani, Schulter, Kanelos NAYS: 0 ABSENT: 1 Nakanishi There being six (6) affirmative votes the motion carried. Chairman Kanelos stated this Board is a recommending Board to the Board of Trustees who can either confirm or negate this decision. It will be necessary for the petitioner to contact Mr. Ostman 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:6 Dimond, Surace, Troiani, Schulter, Dubiel, Kanelos NAYS: 0 ABSENT: 1 Nakanishi There being six (6) affirmative votes the motion carried. The meeting adjourned at 7:53 p.m. Kathleen Janessa, Recording Secretary Page 11 of 11