Planning and Zoning Board

APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS MAY 4, 2015 The Niles Plan Commission and Zoning Board of Appeals was called to order at 7:01 P.M. Chairman Kanelos asked everyone to stand for the Pledge of Allegiance. Present with Chairman Thomas Kanelos was Vice-Chairman Karen Dimond. Also present were Commissioners Angelo Troiani, Barbara Nakanishi, Robert Schulter and Morgan Dubiel. Village Attorney Joseph Annunzio, Charles Ostman, Director of Community Development and Bruce Sylvester, Senior Planner were also in attendance. Chairman Kanelos asked if there were any additions, clarifications or corrections to the minutes of April 6, 2015. He then made an addition to case 15-ZP-14 regarding Dunkin' Donuts at Main St. and Milwaukee Ave. It was tabled last month pending another traffic study and the sound of the speakers. He said that should be included in the minutes. That is the only addition. The minutes were changed to reflect that addition. Commissioner Dubiel moved to approve the minutes of April 6, 2015. Seconded by Commissioner Nakanishi, on roll call the vote was: AYES:6 Dubiel, Dimond, Troiani, Nakanishi, Schulter, Kanelos NAYS: 0 There being six (6) affirmative votes the motion carried. OLD BUSINESS 15-ZP-14 Requesting approval of a Special Use Permit to allow a drive-up window facility to be added to the existing building at 8401 Milwaukee Avenue, Niles, Illinois as provided in Zoning Ordinance Appendix B, Section VIII(B)(3)(tt). NEW BUSINESS 15-ZP-15 Requesting approval for a proposed zoning map amendment to rezone the property at 7300 Natchez Avenue from 'M' to 'R-1' zoning and for a Special Use permit per Zoning Ordinance Section VII(B)(2)(a) to allow Bethany Romanian Church at 7301 Caldwell Avenue to expand its operations onto the property at 7300 Natchez Avenue. Page 1 of 24  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS MAY 4, 2015 15-ZP-16 Requesting approval of a Plat of Consolidation as provided in Zoning Ordinance Appendix B, Section XI(C.1)(3)(i) to combine lots at 7300 Natchez Avenue and 7301 Caldwell Avenue to accommodate a proposed church expansion. 15-ZP-17 Requesting approval of a Plat of Consolidation as provided in Zoning Ordinance Appendix B, Section XI(C.1)(3)(i) to combine lots at 5600-5750 Jarvis Street to accommodate a proposed redevelopment project. 15-ZP-18 Requesting approval for a Special Use permit per Zoning Ordinance Section VII(B)(2)(a) and variations from Zoning Ordinance Sections VII(B)(14) and XII(G)(2) to allow Taxiarhai-Haralambos Church to expand its operations at 7373-7401 Caldwell Avenue. 15-ZP-19 Requesting approval of a Plat of Consolidation as provided in Zoning Ordinance Appendix B, Sect ion XI(C.1)(3)(i) to combin e lots at 7373-7401 Caldwell Avenue to accommodate a proposed church expansion. 15-ZP-20 Requesting approval of a Plat of Resubdivision as provided in Zoning Ordinance Appendix B, Section XI(C.1)(3)(i) to move a lot line between 8223 and 8229 Osceola Avenue. 15-ZP-21 Requesting approval of a Special Use Permit as provided in Village Ordinance Section 78-92(3)(c) to allow a full color LED digital sign at 8203 West Golf Road. DISCUSSIONS Building Code Appeals Chairman Kanelos called for the first case to be presented this evening. This was tabled last month and is being called again. Since there is a lot of business to cover this evening, he wants to make sure everyone who so desires will get a chance to speak. Therefore after the presentations by Mr. Sylvester, then the petitioners speaking and finally the public's comments, Page 2 of 24  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS MAY 4, 2015 they will be limiting the public's comments to three minutes. There is a timer on the dais that will be started when the public begins to state their comments. The Board will stay as long as necessary to make sure everyone is heard. Please try to keep the questions on track with new points as opposed to something that has already been covered. 15-ZP-14 Requesting approval of a Special Use Permit to allow a drive-up window facility to be added to the existing building at 8401 Milwaukee Avenue, Niles, Illinois as provided in Zoning Ordinance Appendix B, Section VIII(B)(3)(tt). Bruce Sylvester presented this case. This item was on the agenda last month. It was tabled so the applicants could provide more information, specifically about concerns the public had as well as some of the Board members. Since that time the applicant has hired an appraiser and a traffic consultant. Staff did go to the site with the Village Engineer, the Police Chief and the Director of Community Development. The applicant has made some changes. Staff still has concerns about the 6 unit building adjacent immediately north of this property. Staff is still reluctant to approve but the petitioner should come to the podium to explain how they addressed concerns that were stated last month. The applicant made a significant change to the site plan. He showed the site on the overhead. Previously the drive-thru proposal exited the alley onto Ozark. They now propose a barrier curb that would prohibit vehicles from exiting the alley. So when customers pick up their order they would be forced to exit onto Milwaukee Ave. However the residential building is quite close. They now propose to put the speaker at the beginning of the drive-thru and the pick-up window toward the end. They are discussing items shown on the overhead. Chairman Kanelos wants it noted that all Board members have at their place an email from Interim Police Chief Dennis McEnerney expressing the police department's concerns. He entered that email as Exhibit A 15-ZP-14. Vice-Chairman Dimond asked about the entrance and exit onto Main St. Mr. Sylvester said the traffic consultant can answer that question when he comes to the podium. Commissioner Nakanishi asked if they had an elevation of the building to the north of the site. She would like to know how close car #2, #3 or #4 would be to someone's bedroom window while waiting in line. Page 3 of 24  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS MAY 4, 2015 Chairman Kanelos said there is one in the packet. He added he walked it the other day and it is about 20 ft. Commissioner Dubiel asked if the Interim Chief of Police had looked at the traffic study before expressing his concern. Mr. Sylvester said he had not. Chairman Kanelos called the petitioner and all who may be speaking this evening to the podium to be sworn in. Timothy Doron, traffic engineer, Gewalt Hamilton Associates, 53 W Jackson Blvd, Suite 924, Chicago, IL William Gibbons, Illinois certified real estate appraiser and broker, 4210 W. Irving Park Rd., Chicago, IL Antonio Fanizza, architect, 2263 Lechner Ln, Des Plaines, IL Carlo Palladinetti, attorney for the petitioner and the project, 4024 W. Montrose, Chicago, IL Mr. Palladinetti said since the last meeting he heard about of lot of issues regarding the traffic onto Ozark Ave. He explained how they will now close off any exit into the alley then on to Ozark Ave. Also, there will only be a right in and right out from Main St. Left turns will be prohibited from eastbound Main St. into the gas station. There will be a privacy fence all around the property along with arbor vitae shrubbery to buffer sound and add beauty. They moved the sound farther out. He is showing all this on the overhead. Commissioner Dubiel asked what are the decibels at the order box. Mr. Palladinetti said it has been moved way out on the site. He is looking for a drawing in the packet showing this. He is unable to tell what the decibels are. He spoke extensively about how they have modified the plans in regard to the order box and the entrance and exit to the site. He said they were rushing to get this information to the Board. Chairman Kanelos stated more than once, they've have a month to get this done. He appreciates the work they did to move the speaker but he still has no idea how it is going to sound every 90 seconds in the morning when people are ordering. Commissioner Troiani said there was a Special Use for the tire stand that was there. Is that still there? Page 4 of 24  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS MAY 4, 2015 Mr. Ostman said the tire storage box will not be there anymore. They are abolishing that Special Use. There is no storage outside. Vice-Chairman Dimond said there are eleven parking spots. She understands there will be four gas pumps, five employees for the mini-mart, and four employees for Dunkin' Donuts. So would there be nine employees parking there with two spots left over for customers? Mr. Palladinetti stated those are total employees. They would not all be working at the same time. Since the station is open 24 hrs. there will only be one employee on duty at a time. There would be one or two for Dunkin' Donuts. Vice-Chairman Dimond stated [from last month's note] there would be a car entering every 90 seconds, correct? Mr. Palladinetti said that would be between the peak hours of 6 a.m. until 9 a.m. then it falls off. Bill Gibbons, appraiser, spoke next. He prepared a report. He spoke again of the fencing and arbor vitae shrubs. The building to the north, 8409 N. Milwaukee, is of concern. In his report he included sales of multi-family properties in Niles. There have been six. There was one similar on the same block that sold in May, 2014 for $615,000.00. Chairman Kanelos asked how that impacts the building next to the site, 8409 N. Milwaukee. He also asked how come the Board doesn't have that information. Mr. Sylvester said he did receive the information last week and did forward it. A few members stated they don't appreciate getting information that close to the meeting date. This morning he discovered an email that he hadn't seen over the weekend. He did not forward it because of the comments he received about getting information to the Commissioners too late. It was in regard to the appraisal. Chairman Kanelos said that is not convenient. Mr. Gibbons said he understood. He then went into a long discussion about buildings selling nearby. He gave addresses and prices for several 6 flats from July 2013 thru December 2014. He said the properties sold on Foster Lane have the high voltage wires in their backyards. It is hard for him to say a drive-thru can have a greater impact than high voltage wires. He did measure 20 ft. from 8409 [6 flat] to alley of 8401 [subject property]. Page 5 of 24  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS MAY 4, 2015 Chairman Kanelos asked how is that comparable regarding the 6 flat next door to this gas station/Dunkin' Donuts. Commissioner Schulter said he understands the examples of properties that sold recently. But how is the drive-thru going to affect the value of the 6 flat next door? Mr. Gibbons said he can't see a substantial affect on value. Commissioner Schulter said as some of those units come up for rent, didn't he think a drive-thru right next to the building would influence prospective renters. Mr. Gibbons said the building is already next door to a gas station. Commissioner Schulter said that is different. The gas station has been there. But the drive-thru has not. Mr. Gibbons said every 90 seconds a car would be passing by. Vice-Chairman Dimond said she doesn't see how any of this is relevant. They have a limited amount of time this evening because there are several cases on the agenda. Mr. Gibbons' report doesn't seem to focus on the issues facing the Commissioners. Is the drive-thru going to cause injury to the property? Is the whole property designed, located and proposed so the public health, safety and welfare will be protected? And what about the traffic issues? They need to focus on this property and not on other buildings that have nothing to do with adding a drive-thru next door. Chairman Kanelos asked Mr. Gibbons if he was also a broker and was he involved in the sale of this property. Mr. Gibbons answered he is a broker but was not involved in this property. Chairman Kanelos asked if, when the owner purchased the property, was he aware that a drive-thru is a Special Use in the Village of Niles? Mr. Palladinetti said no. Chairman Kanelos said that is unfortunate because now it puts him [the attorney] in a difficult position. It is not the Board's problem that the owner was not aware of this. His realtor should have explained things to him. This hardship is because the realtor didn't complete his due diligence. For the third time, how do the prices of the other 6 flats [none of which are next to a drive-thru] have Page 6 of 24  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS MAY 4, 2015 anything to do with this building? He does not see how other prices will provide any proof that the speaker and Dunkin' Donuts won't negatively affect this property. Mr. Gibbons said from an appraisal standpoint, the property at the next corner [8409] would be comparable to the 6 flat next to the site in question. Commissioner Dubiel said he is sympathetic to the applicant. He does not see how a cemetery across from the property would have as negative an impact as the intense use going on here. The peak hours would be 6 to 9 a.m. Then the call box squawking - none of this has been addressed at all. Chairman Kanelos said Mr. Gibbons did his job and he didn't mean to imply that he didn't. But none of the comps take into affect the fact that this parcel will have a drive-thru. Tim Doron, traffic engineer, came to the podium. He did a traffic study last week. He listened to the residents last month. It was suggested the petitioner close off the alley onto Ozark, which he did. The next best thing is to limit access onto Main Street, which they did. Those were the key issues. He explained in detail the way the intersection of Main and Milwaukee operates with the traffic signals. Vice-Chairman Dimond asked if she could have a hard copy of Mr. Doron's report. She said the Interim Chief of Police mentioned IDOT may only allow one entrance on the Milwaukee Ave. side of the site. Mr. Doron said he did not think IDOT would do that. With gas stations, IDOT likes the two driveways so people can enter and exit on the same side of the street. If you limit that to one driveway, then people have to turn around within the gas station in order to exit the same way they came in. Same goes for Dunkin' Donuts. Most of their traffic is taken out of the flow of traffic on the same side of the street. Vice-Chairman Dimond went to the overhead to point and explain how there might be someone turning left onto Main and then left into the gas station. Chairman Kanelos asked for Exhibit 3 from Gewalt Hamilton to be shown on the overhead. Commissioner Schulter asked what time of the day the traffic study was done. Page 7 of 24  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS MAY 4, 2015 Mr. Doron answered morning and evening peak hours. That would be 7 to 9 in the morning and 4 to 6 in the afternoon. This captured inbound Notre Dame High School traffic as well. Commissioner Schulter asked if he couldn't see this could be a conflict. He's talking about the traffic because of the drive-thru. Mr. Doron responded he absolutely does not see a conflict with respect to any other drive-thru operation, such as Dunkin' Donuts at Harlem and Milwaukee Avenues. Commissioner Schulter said that is a different intersection. Mr. Doron responded that is a busy intersection too. Commissioner Schulter said we are here because of the drive-thru. He asked Mr. Doron again if he doesn't think traffic will be impacted because of that. Mr. Doron said if there was no Dunkin' Donuts there, yes, there would be less traffic. If they just had a walk-up where you park and go in, there would be a little less traffic. But there would still be traffic because they would pull in and park. Chairman Kanelos said if you're in an area where there are other options, do you think people would still stop, get out and walk in or drive to the next drive-thru. Mr. Doron said generally if there is a long queue people will likely move on. However, going north on Milwaukee there isn't any place to pull in for a cup of coffee; but there are more opportunities going south on Milwaukee. He then corrected his previous comment about the times of the study. He only did a morning study - 7 to 9 a.m. He did not do an afternoon study because Dunkin' Donuts traffic dies out in the afternoon. Chairman Kanelos asked for an explanation of the blue numbers on the site shown on the overhead. He was told they are the numbers of turning cars. Commissioner Dubiel asked how likely is it that the Dunkin' Donuts customer going south on Milwaukee will turn left into the site. Mr. Doron said it is an estimate that about 35% will be coming in from the opposite direction. About 2/3 of the traffic going into Dunkin' Donuts will be coming from the south. The service rate is about 90 seconds from the time you pull into the line until you pick up your order and leave. Starbucks time line is longer because of specialty drinks made to order. That's about 100 cars an hour. Page 8 of 24  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS MAY 4, 2015 Chairman Kanelos asked about the three examples Mr. Doron gave about other similar locations. But those aren't in dense residential areas like this site. Mr. Doron said they use the 65% rule. 65% of the traffic is done before 10 in the morning; 65% of the traffic uses the drive-thru and 65% of the drive-thru traffic is pulled off the street so it is not new to Milwaukee Ave. These are averages. Vice-Chairman Dimond asked if the study included pedestrian traffic, or was it only vehicular. The 270 Pace bus stops there and students get off to walk to Notre Dame High School. Mr. Doron said there was no pedestrian study. He also said even if it was just the gas station and mini mart without Dunkin' Donuts, there would be significant traffic. Commissioner Nakanishi asked if the driveway and curb cuts on the plans are existing. She was told they are. She thought there couldn't be curb cuts closer than 500 ft. of an intersection. Chairman Kanelos said the public can now speak. The three minute timer will be used. The following citizens came forward and were sworn in before stating their comments: Andy Roiniotis, 8522 School St., Morton Grove, IL. He and his wife take care of the 6 flat next to the subject property. They have taken care of the building for over 30 years and followed every rule and regulation Niles has requested of them. This proposal is not good for the neighborhood. He showed on the overhead where car number 2 would be and the fence line is 8 ft. 7 in. from three bedrooms in their building. They have good tenants but it would be hard to keep good tenants with that drive-thru right there. And even though it isn't 24/7 to start, he feels it wouldn't be long for that to happen. It is going to be a big mess. Please don't allow it. Thank you. David Davis, 8421 Ozark, Niles, IL. He lives across the street from the speaker at the drive-thru. He will be listening to this 24 hours a day. He already has problems getting out of his driveway when the Notre Dame traffic is coming down Ozark. Now what if people come north on Ozark to try and get into Dunkin' Donuts from that direction. More back up in front of his house when cars are lined up. Page 9 of 24  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS MAY 4, 2015 Chairman Kanelos said the 24 hour issue has now come up twice. Would a 24 hour drive-thru become another Special Use? Mr. Ostman said the Board would have to place a condition on the proposal to limit that, otherwise the drive-thru could go 24 hours. Nancy Kleiber, 7719 W Main St., Niles, IL. She lives right across the street. Her concern is the high volume of traffic along with the school buses that will still try to make a left hand turn from Main onto Ozark. The Niles Free Bus takes that route as well. There is already a lot of traffic. If employees can't park in the restaurant area, they will park in front of her house. Same with customers. If the lot is full, people will park in front of her house to get coffee and a donut. Then there is the volume of the speakers. It is going to be a nightmare. Mr. Weintraub [sp?] 8416 W. Monroe, Niles, IL said on top of the congestion, when the traffic goes south on Milwaukee, people will take a quick left to get into Dunkin' Donuts when they see the sign. It might be 20 ft. from the drive-thru to the 6 flat next door. But from the cars driving in the line it will only be 10 ft. It's going to cause big trouble to the tenants. Annemarie Roiniotis, 8522 School St., Morton Grove, IL is the owner of the building at 8409. It is not 20 ft. from their building to where the cars will be. It is 8 ft. 6 in. from the bedroom windows of the building to the fence. The cars will be next to that fence and the fumes will be trapped between the two buildings because of the tight space there. She wouldn't want that outside her bedroom window and can't expect anyone to rent an apartment like that. It was said most of Dunkin' Donuts traffic is early in the morning. She recently saw a billboard on the expressway that Dunkin' Donuts is running afternoon specials to pick up sales later in the day. She doesn't think comparing a building at the other end of the block compares to a building next to a gas station pricewise. It doesn't seem realistic. Students from Notre Dame that pull in there to get coffee in the morning will pull out onto Milwaukee Avenue and go north to the next street, turn right, then get back on Ozark. They will impact other side streets. She doesn't see the need for it. The other Dunkin' Donuts nearby have drive-thrus but they have businesses on either side, not a residence. Marzena Bogdin, 7722 W. Main St., Niles, IL spoke next. She is across the street and her driveway goes into Ozark. There is always traffic there. Even in the summer when the windows are open she can hear the radios of the cars in the gas station. She is a single mom, working hard, and would like to have her windows open on her days off so she can rest on the weekends. Page 10 of 24  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS MAY 4, 2015 Andrew Oboza, 8434 N. Ozark, Niles, IL was the last speaker. He is two doors north of the gas station. He has been there 38 years. The gas station has been closed for several months now and there is still a lot of traffic on Ozark. There are school buses, the free bus and also garbage and recycling trucks. That reduces Ozark to one lane a lot of times. He can't even get into his own driveway because of the bottleneck sometime. Chairman Kanelos asked if there were any more questions from the Commissioners for Staff. He added that a modification to the hours would be counterproductive to the business, correct? Mr. Palladinetti said that would not work for Dunkin' Donuts. He added since the gas station has been closed for several months, residents are used to no traffic from the gas station. Chairman Kanelos said the residents can't say anything about a Permitted Use, such as a gas station or a convenience store. What they are here for is the Special Use to put in a drive-thru. They must look at all sides. And there is still plenty of traffic there even without the gas station. He then entertained a motion. Commissioner Dubiel moved to approve 15-ZP-14 requesting a Special Use Permit to allow a drive-up window facility to be added to the existing building at 8401 Milwaukee Avenue, Niles, Illinois as provided in Zoning Ordinance Appendix B, Section VIII(B)(3)(tt). There was no second; therefore there was no motion or approval. 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. 15-ZP-15 Requesting approval for a proposed zoning map amendment to rezone the property at 7300 Natchez Avenue from 'M' to 'R-1' zoning and for a Special Use permit per Zoning Ordinance Section VII(B)(2)(a) to allow Bethany Romanian Church at 7301 Caldwell Page 11 of 24  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS MAY 4, 2015 Avenue to expand its operations onto the property at 7300 Natchez Avenue. Mr. Sylvester said this is the first of four items on tonight's agenda that relate to two different churches on Caldwell Ave. Both have exciting plans to expand and accommodate their growth. Both are seeking Special Uses and to consolidate some lots and a plat. The first one is for Bethany Romanian Church. He then showed the property on the overhead. They recently acquired the property to the east on Natchez Ave. The church on Caldwell is in residential zoning. The property on Natchez is in the manufacturing zoning area. They request the Natchez property to be rezoned residential because churches are only allowed to be in the residential zoning district. Simultaneously they want the Special Use to allow church related uses and activities on the church property. Following this a second item on the agenda will be to consolidate all this property into a large single lot. They plan to convert the interior of the building on Natchez into a wide variety of uses. A parking analysis was done and they will be adding parking. There will be more than enough at the site. First, is the Special Use necessary for the public convenience at this location? Staff believes since Bethany wishes to remain in place and expand its operations to a building adjacent to the church that this standard has been met. Second, is it so designed, located and proposed to be operated that the public health, safety and welfare will be protected? Staff believes it will be. Last, will the Special Use cause substantial injury to the value of other property in the neighborhood in which it is located? Staff believes it will not cause injury to other property in the area. The other department heads have no concerns about this. However the Village Engineer said there may be some storm water management that has to be addressed. The petitioner's engineer is making sure all storm water management issues will be resolved. The Staff recommends the Village Board approve the rezoning and Special Use permit. Commissioner Troiani asked if this is going to cause problems [like the rifle range] moving the property to B from M zoning. Mr. Sylvester said he didn't think the rifle range is relevant. It is a completely different type of request. This is an industrial piece of property. It is an already existing church on Caldwell that is in R zoning. Chairman Kanelos told Commissioner Troiani this is changing from M to R, not B. He said anyone wanting to make a change from one type of zoning to another must come before this Board in order to do that. The issue with the rifle range was not zoning. It was Special Use. Page 12 of 24  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS MAY 4, 2015 Commissioner Nakanishi asked what was formerly in the 7300 building. And if this passes, will the Village lose tax dollars. Mr. Sylvester said it has been vacant for quite a while. He thinks it was some kind of print operation. Yes, the Village will lose property tax dollars. Commissioner Dubiel asked if a new church had come before this Board, how would that go over. He is concerned about the general zoning code if others want to come forth and change the zoning from M to R. Mr. Sylvester said he's pretty sure Staff would not support it. If the applicants were to tear down the building to put up housing, he doesn't think Staff would recommend approval. Chairman Kanelos asked if this Board is the final say on zoning but a recommending board on Special Use. Mr. Ostman said this Board is a recommending board on both. Chairman Kanelos called for the petitioner to come forward. Ted Eckhardt, president of Construction Design Architects, Ltd., 249 E. Prospect Ave., #100, Mt. Prospect, IL came forward and was sworn in. At one time this property was joined by a link to their annex. They are putting the link back to expand their activities. He gave some background on this particular Romanian Catholic Church and their need to grow. The project will be phased in over a number of years. Chairman Kanelos asked if the Commissioners had any questions. There were none. There were no questions from the public either. He then entertained a motion. Commissioner Dubiel moved to approve 15-ZP-15 requesting a proposed zoning map amendment to rezone the property at 7300 Natchez Avenue from 'M' to 'R-1' zoning and for a Special Use permit per Zoning Ordinance Section VII(B)(2)(a) to allow Bethany Romanian Church at 7301 Caldwell Avenue to expand its operations onto the property at 7300 Natchez Avenue. Seconded by Commissioner Schulter, on roll call the vote was: AYES:6 Dubiel, Dimond, Troiani, Nakanishi, Schulter, Kanelos NAYS: 0 There being six (6) affirmative votes the motion carried. Chairman Kanelos stated this Board is a recommending Board to the Board Page 13 of 24  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS MAY 4, 2015 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. 15-ZP-16 Requesting approval of a Plat of Consolidation as provided in Zoning Ordinance Appendix B, Section XI(C.1)(3)(i) to combine lots at 7300 Natchez Avenue and 7301 Caldwell Avenue to accommodate a proposed church expansion. Mr. Sylvester said this relates to the item that was just approved. It is to consolidate three lots into one. Staff is recommending approval. Chairman Kanelos asked if there were any questions from the Commissioners or the public. There were none. He then entertained a motion. Commissioner Nakanishi moved to approve 15-ZP-16 requesting a Plat of Consolidation as provided in Zoning Ordinance Appendix B, Section XI(C.1)(3)(i) to combine lots at 7300 Natchez Avenue and 7301 Caldwell Avenue to accommodate a proposed church expansion. Seconded by Vice-Chairman Dimond, on roll call the vote was: AYES:6 Nakanishi, Schulter, Dubiel, Dimond, Troiani, Kanelos NAYS: 0 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. The next item on the agenda was called. 15-ZP-17 Requesting approval of a Plat of Consolidation as provided in Zoning Ordinance Appendix B, Section Page 14 of 24  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS MAY 4, 2015 XI(C.1)(3)(i) to combine lots at 5600-5750 Jarvis Street to accommodate a proposed redevelopment project. Mr. Sylvester said this is similar to the previous item however it is not related to a church but an industrial developer. Seefried Properties has purchased the properties. Until recently these were occupied by Woodward. They have since moved into their new headquarters at Howard St. and Croname Rd. The applicant is proposing to tear down these two buildings and combine two lots into one. They would then construct a new warehouse/distribution facility on this property. They will dedicate the southeast corner of the land in case the road is rebuilt and widened; a better curb radius can be constructed, especially for truck traffic. They would also provide an easement on the site so the water mains proposed for this property can be maintained in the future. The plat that was drafted already includes these items. Staff is recommending approval. Vice-Chairman asked about storm water management. Mr. Sylvester said the new building will have on site storm water management. This too is shown on the plat. Chairman Kanelos called for the petitioner. David Riefe, Seefried Properties, 8745 W. Higgins Rd., Suite 220, Chicago, IL 60631 came forward and was sworn in. Vice-Chairman Dimond asked where the storm water management would be located on this property. Mr. Sylvester said the entire northern property line from east to west is where the storm water management will be located. Chairman Kanelos asked if there were any more questions from the Commissioners for Staff or the petitioner. There were none. There were no questions from the public. He entertained a motion. Commissioner Dubiel moved to approve 15-ZP-17 requesting of a Plat of Consolidation as provided in Zoning Ordinance Appendix B, Section XI(C.1)(3)(i) to combine lots at 5600-5750 Jarvis Street to accommodate a proposed redevelopment project. Seconded by Commissioner Schulter, on roll call the vote was: AYES:6 Dubiel, Dimond, Troiani, Nakanishi, Schulter, Kanelos NAYS: 0 There being six (6) affirmative votes the motion carried. Page 15 of 24  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS MAY 4, 2015 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. He said in the interest of disclosure, he wants to inform everyone he is a member of this parish. 15-ZP-18 Requesting approval for a Special Use permit per Zoning Ordinance Section VII(B)(2)(a) and variations from Zoning Ordinance Sections VII(B)(14) and XII(G)(2) to allow Taxiarhai-Haralambos Church to expand its operations at 7373-7401 Caldwell Avenue. Mr. Sylvester said Staff is recommending approval of this request. He showed an aerial photo on the overhead. The proposal is to accommodate growth and put an addition on the north side of their existing building and that would require a Plat of Consolidation which is the next item on the agenda. It also requires a Special Use permit for church activities. The site does require variations in order to build what they require. They would also improve the parking lot in the rear. They hold a large festival every year and one of the things they wish to accomplish is to satisfy all the parking during that festival. He described all the activities and parking. He then proceeded to go over the Findings of Fact. First, is the Special Use necessary for the public convenience at this location? This is an existing church that wants to expand its operations. The church will continue to provide church services to the public. Second, is it so designed, located and proposed to be operated that the public health, safety and welfare will be protected? Because parking will be provided on site, they will be protected. Staff doesn't want the congregation to park across the street and try to get across Caldwell. Last, will the Special Use cause substantial injury to the value of other property in the neighborhood in which it is located? Staff believes it will not cause injury to other property in the area. Unlike the previous church request tonight, this does not require any rezoning. They are requesting variations from landscape requirements. Specifically they do not want to have landscape islands in the parking lot. In a residential area they assume you are building houses. Staff thinks this variation is justified because this is a church use which has much larger buildings and larger parking areas than a house would have. The other variation is to not be required to have landscape Page 16 of 24  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS MAY 4, 2015 islands in the parking lot. With the configuration of the festival, landscape islands in the parking lot would interfere with the festival. Those two variations are being requested. Staff feels the following requirements are satisfied. One, the property cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations governing the district in which it is located. Staff opinion is that this is not an investment property so the issue of reasonable return does not apply. Two, the plight of the owner is due to unique circumstances. The church is unique in that it provides the annual event in the parking lot for the community. Three, the variation, if granted, will not alter the character of the locality. Staff believes it will not. They did notify people in the community as required. None of the Village departments had any concerns regarding this proposal. Commissioner Troiani said he wants to be the one to make the motion to approve because he's made all prior motions for this church. Commissioner Dubiel is questioning the landscaping. If this were a Ford agency that had a festival every year, would they get a pass on the landscaping? Mr. Sylvester said they would not. This festival is more like a carnival with rides and tents. It is not like a sales event. Commissioner Dubiel wants to make sure there is consistency in the code. Vice-Chairman Dimond said what if it was a not-for-profit event that a dealership was putting on. Could they avoid following the code if presented in that way? She also thinks being consistent is important. Mr. Sylvester said they took into consideration this is an existing church. Commissioner Dubiel finds it hard to understand the criteria here. Mr. Sylvester said if this were a new church, this would be looked into. Chairman Kanelos said an example would be the hotel going up on the corner of Milwaukee and Waukegan. They wanted some relief for planting because they wanted additional parking spaces. He feels the uniqueness is because the event predates the code. Mr. Sylvester said the Staff reports put together are for the Commissioners' guidelines. They would be a starting point but the Commissioners certainly don't have to agree with everything. Page 17 of 24  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS MAY 4, 2015 Commissioner Troiani asked if they could consolidate items ZP-18 and ZP-19 into one. Mr. Annunzio said it is better to keep them separate. Chairman Kanelos asked the petitioners to come forward. Bill Kokalias, architect, 188 N. Wells St., Chicago, IL and Perry Giannopoulos, president of parish council, 721 S. Beverly Ln., Arlington Heights, IL came forward and were sworn in. Mr. Giannopoulos said he understands the landscaping should be a pleasing view for anyone driving by. 98% of the parking is in the back. He doesn't feel people will think anything is missing on Caldwell Ave. For the festival there are tents and a lot of people walking around. It would be a major safety concern if there were blocks of curbs. They do not have any carnival rides. Mr. Kokalias said they do have a landscape barrier with all the trees in front. There is no barrier in the back. Chairman Kanelos asked if they would be willing to add as many trees as they could since the islands will be gone. Mr. Kokolias said they have mentioned it in their plans. Commissioner Nakanishi said the purpose of the landscaping is not only the view but a chance to get the water into the ground. Vice-Chairman Dimond said she's been to the event and it is really hot there. Did they give any consideration to making it more garden like? Mr. Giannopoulos said they could try to put more trees in certain areas there. The expansion project includes a large multi-use gymnasium building and they plan to use that for the festival as well. There will be seating, They will be able to add more seating tents too. They feel it would be safe if there would not be islands with curbs where people might trip. Vice-Chairman Dimond asked the architect if they considered using pervious pavers here. Mr. Kokolias said the cost and maintenance would be too much and wouldn't Page 18 of 24  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS MAY 4, 2015 be feasible with all the traffic in and out. They may be able to put some in front. He is showing the site on the overhead and explaining where more trees may grow. If they put in islands they would be more like peninsulas. Chairman Kanelos asked about the impervious lot coverage. There was a similar situation from Harvest Bible which is next door to this site. The impervious lot coverage doesn't alleviate the need for management of the rain water with underground tanks. Mr. Kokolias said he already did provide plans for underground storm water tanks under the parking lot. Chairman Kanelos asked if there were any more questions for the Commissioners or the petitioners. There were none. There were no questions from the public. Therefore, he entertained a motion. Commissioner Troiani moved to approve 15-ZP-18 requesting a Special Use permit per Zoning Ordinance Section VII(B)(2)(a) and variations from Zoning Ordinance Sections VII(B)(14) and XII(G)(2) to allow Taxiarhai-Haralambos Church to expand its operations at 7373-7401 Caldwell Avenue. Seconded by Commissioner Dubiel with a friendly amendment. He said it has to include the variations. It was accepted. On roll call the vote was: AYES: 4 Troiani, Nakanishi, Schulter, Dubiel NAYS: 1 Dimond ABSTAIN: 1 Kanelos 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. 15-ZP-19 Requesting approval of a Plat of Consolidation as provided in Zoning Ordinance Appendix B, Section XI(C.1)(3)(i) to combine lots at 7373-7401 Caldwell Avenue to accommodate a proposed church expansion. Mr. Sylvester said the goal here is to consolidate lots with the plat so the proposed building expansion is not crossing over property lines. This is being done at the request of the Village and the applicants have been cooperative. It Page 19 of 24  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS MAY 4, 2015 will clean up lot lines, title issues and prevent problems. Staff is recommending approval. Chairman Kanelos asked if there were any questions from the Commissioners for Staff. There were none. Any questions for the petitioners from the Commissioners. There were none. There were no questions from the public. He then entertained a motion. Commissioner Troiani moved to approve 15-ZP-19 for the request of a Plat of Consolidation as provided in Zoning Ordinance Appendix B, Section XI(C.1)(3)(i) to combine lots at 7373-7401 Caldwell Avenue to accommodate a proposed church expansion. Seconded by Commissioner Dubiel , on roll call the vote was: AYES: 5 Troiani, Nakanishi, Schulter, Dubiel, Dimond NAYS: 0 ABSTAIN: 1 Kanelos 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. 15-ZP-20 Requesting approval of a Plat of Resubdivision as provided in Zoning Ordinance Appendix B, Section XI(C.1)(3)(i) to move a lot line between 8223 and 8229 Osceola Avenue. Mr. Sylvester said this is a very straight forward request to move a lot line and Staff recommends approval. He is showing the aerial view of the properties in question. There is a difference between lot lines and parcel lines. The properties at 8223 and 8229 are on three different parcels. There is a parcel in the middle that has no house on it. The request is to divide that parcel in half giving half to 8223 and half to 8229. In the process, two lots would be created and they would be more conforming with Village lot width and area requirements. Staff would not be supportive if someone came in with a request to put a house on this lot. But Staff is supportive of dividing the lot in half and giving it to the adjoining properties to make two larger lots. Commissioner Dubiel asked if 8223 was already conforming, Page 20 of 24  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS MAY 4, 2015 Mr. Sylvester said the lot at 8229 is conforming. The lot at 8223 is not conforming because it does not have enough square footage. It is not FAR; it's just the minimum square footage a lot has to have. It will become conforming when it receives half of the lot. There is no redevelopment proposed. Chairman Kanelos called for the petitioner since there were no more questions for Staff. Frank Turk, 8229 Osceola, Niles, IL came to the podium and was sworn in. He added it is his father's property and it has been vacant for the last 50 years. He lives next door. That is why they are dividing the lot in half so no one builds on it. Chairman Kanelos asked if there were any questions for the petitioner. There were none. He entertained a motion. Commissioner Dubiel moved to approve 15-ZP-20, a Plat of Resubdivision titled the Turk Family Subdivision to detach 16 ft. from the lot at 8223 Osceola and attach it to the lot at 8229 Osceola as provided in Zoning Ordinance Appendix B, Section XI(C.1)(3)(i). [He thinks is should be changed to show some of the lot is going to each address]. Mr. Sylvester said a better way to put it would be to approve a Plat of Resubdivision for the Turk Family Subdivision. Commissioner Dubiel withdrew the first motion. The following is his new motion. Recommend the Village Board approve a Plat of Resubdivision entitled the Turk Family Subdivision as provided in Appendix B, Section XI(C.1)(3)(i). Seconded by Commissioner Troiani, on roll call the vote was: AYES:6 Dubiel, Dimond, Troiani, Nakanishi, Schulter, Kanelos NAYS: 0 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. Page 21 of 24  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS MAY 4, 2015 15-ZP-21 Requesting approval of a Special Use Permit as provided in Village Ordinance Section 78-92(3)(c) to allow a full color LED digital sign at 8203 West Golf Road. Chuck Ostman, Director of Community Development, presented this case. Fresh Farms is in the process of renovating the former Jewel/Osco store at 8203 Golf Rd. in Four Flags Shopping Center. They are requesting a Special Use to install a four color LED electronic sign located on the existing ground sign on Golf Rd. The Village sign ordinance has the following sign rules [located in the packet regarding this case]. There are letters A thru K. The applicant would comply with all regulations except one - that this would be a four color LED sign. He showed on the overhead a short video of the existing sign at their Wheeling location. Chairman Kanelos asked why, when the sign code was rewritten, did they allow monochromatic only. Mr. Ostman said at the time he was more concerned about Milwaukee Avenue getting too many electronic signs. At the time they drafted the sign code they were getting a lot of requests for electronic signs on Milwaukee Ave., not in the other areas of town. That's why there were a lot of restrictions put in. Now we see Morton Grove allows them. So does Glenview, Wheeling and more municipalities are starting to accept them. He feels the sign regulations here are good ones. A company cannot occupy more than 25% of the sign with an LED electronic sign. Chairman Kanelos asked if they should revisit the sign code and allow the LED electronic color signs. We could still keep them from scrolling and any other live action. He would hate to be viewed as allowing this for the big guys in town, but when the little guys have a similar request it isn't allowed. Mr. Ostman said he has no problem revisiting that. And this particular sign proposal is of high quality and with more technology the price will keep going down on the high quality LEDs. When someone comes in and wants a variation, Staff does review the request. This sign code review would probably not come up again until next February because it was already reviewed this year. Chairman Kanelos asked if the Zoning Board could recommend a change to the sign code. Mr. Ostman stated absolutely. Page 22 of 24  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS MAY 4, 2015 Chairman Kanelos asked if it had to be put on agenda in advance. He would like to add that to next month's agenda. Commissioner Nakanishi said she remembered that one of the reasons the colored LED signs were not allowed was to keep signage from creating a carnival-like atmosphere. Chairman Kanelos said he personally thinks the colored signage looks better than the monochromatic ones. Commissioner Dubiel said how do you pick and choose - this one is good quality, this one is not so good. There seems to be a demand for it. Vice-Chairman Dimond said she doesn't see this particular business is any different than any other business that might want a colored LED sign. But at this time she feels they have to follow the rules. Maybe it is time to change the rules, but for now this is what they are. If I'm a small business person and follow the rules and see someone next door to me getting a colored sign, I'm wondering if Niles follows the rules or not. She is not if favor of voting for it now. But if the sign rules change next month this wouldn't need to come in front of this Board again. Commissioner Dubiel moved to table 15-ZP-21 until next month when they have a chance to discuss a general change to the sign code. Seconded by Vice-Chairman Dimond, on roll call the vote was: AYES:4 Dubiel, Dimond, Troiani, Nakanishi NAYS: 2 Schulter, Kanelos There being four (4) affirmative votes, the motion to table passed. Chairman Kanelos said there would not be additional notification so the petitioner would have to show up at next month's meeting. He also requested Staff moves the Building Code Appeals discussion [last discussion on tonight's agenda] to next month since this meeting ran so long. Commissioner Dubiel requested clarification on emails being sent to the Commissioners. He doesn't have a problem with it and knows that some things come in at the last minute. But could Staff print them and the Commissioners pick them up at the desk because it is sometimes a burden to print all that information. He also stated the reason he voted for 15-ZP-14 in the affirmative was to go ahead and vote that down so it would be clear to the applicant this is not wanted, as opposed to leaving it open ended. He asked what does that mean. Page 23 of 24  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS MAY 4, 2015 Chairman Kanelos said it means there was no motion was because no one seconded it. Chairman Kanelos made a motion to adjourn. Commissioner Dubiel moved to adjourn . Seconded by Vice-Chairman Dimond, on roll call the vote was: AYES:6 Dubiel, Dimond, Troiani, Nakanishi, Schulter, Kanelos NAYS: 0 There being six (6) affirmative votes the motion carried. The meeting adjourned at 9:55 p.m. The following people wish to be called regarding the next Board of Trustees meeting: Case 15-ZP-14 Nancy Kleiber, 773.682.4899 David Davis, 847.470.8471 Sandy Menard, 847.430.3949 Annemarie Roiniotis, 847.965.5163 Dennis McManamon, 847.692.5238 Helen Epstein, 847.696.1158 Case 15-ZP-18 Perry Giannopoulos, 312.608.0999 Case 15-ZP-20 Mrs. Frank Turk, 847.401.1166 Kathleen Janessa, Recording Secretary Page 24 of 24