Planning and Zoning Board

VILLAGE OF NILES 1000 Civic Center Drive Niles, IL 60714 www.vniles.com Approved Meeting Minutes Monday, September 11 , 2017 7:00 PM Village Hall Planning and Zoning Board Chairman Thomas Kanelos Members Susan DeBartolo Morgan Dubiel Ted Kar abatsos Barbara Nakanishi Thomas Parala Robert Schulter Angelo Troiani, Emeritus Staff Lia ison Bruce Sylvester CALL TO ORDER/ROLL CALL Planning and Zoning Board Approved Meeting Minutes September 11, 2017 _________________________________________________________________ _______ The Niles Planning and Zoning Board was called to order at 7:05 P.M. All rose for the Pledge of Allegiance. Chairman Kanelos asked everyone to remain standing for a moment of silence in remembrance of the attacks of 9/11/2001. PRESENT: 6 Chairman Thomas Kanelos, Commissioners Ted Karabatsos, Susan DeBartolo, Acting Secretary Robert Schulter, Thomas Parala, Morgan Dubiel Also present was Director of Community Development Charles Ostman, Senior Planner Bruce Sylvester and Village Attorney Danielle Grcic. Commissioner Barbara Nakanishi and Commissioner Emeritus Angelo Troiani were absent. APPROVAL OF MINUTES Chairman Kanelos asked if there were any additions, clarifications or corrections to the minutes of August 14, 2017. There were none. Commissioner Dubiel moved to approve the minutes of August 14, 2017. Seconded by Commissioner Karabatsos, on roll call the vote was: AYES: 6 Dubiel, Karabatsos, DeBartolo, Schulter, Parala, Kanelos ABSENT: 1 Nakanishi There being six (6) affirmative votes the motion carried. OLD BUSINESS 17-ZP-18 Requesting approval of a ‘gas station ’ special use permit per Village Ordinance Appendix B, Section 8.2(A) to allow a gas station at 8401 Milwaukee Avenue. 17-ZP-19 Requesting approval of a variation from Niles Zoning Ordinance Section 5.3 for rear yard set-back requirements for a proposed expansion of an existing gas station building at 8401 Milwaukee Avenue. 17-ZP-20 Requesting approval of a ‘bar’ special use permit at 7421 Milwaukee Avenue per Village Ordinance Appendix B, Section 8.2(A) to allow a proposed bar at 7421 Milwaukee Avenue. NEW BUSINESS Page 2 of 23 Planning and Zoning Board Approved Meeting Minutes September 11, 2017 _________________________________________________________________ _______ 17-ZP-21 Proposed text amendments to the following sections of the Village of Niles Zoning Code Appendix B as recommended by Charles Ostman, Director of Community Development. 1) Section 8.5 creating a use definition for “Repair and Service – Indoor’; 2) Table 8-1 adding ‘Repair and Service – Indoor’ as a permitted use in the manufacturing district and in all commercial districts; 3) Section 8.5 creating a use definition for ‘Small Engine Repair and Service’; 4) Table 8-1 adding ‘Small Engine Repair and Service’ as a permitted use in the ‘M’ zoning district and as a special use in the C-2 and C-4 zoning districts; 5) Section 8.5 creating a use definition for ‘Video Gaming Café’; 6) Table 8-1 adding ‘Video Gaming Café’ as a permitted use in the ‘ENT-MU’ zoning district and in all commercial zoning districts; 7) Section 8.3(H) eliminating the requirement that firearms sales and firearms training centers be located at least 1,000 feet away from an educational facility; 8) Section 9.3(R) adding ‘Outdoor Seating’ as a permitted use in the ‘M’ zoning district; 9) Table 8-1 adding ‘Catering Establishments’ as a permitted use in the ‘M’ zoning district; 10) Table 8-1 adding ‘Educational Facilities’ as a special use in the ‘C-3’ zoning district. 11) Table 8-1 making Farmer’s Markets special uses rather than permitted uses in all residential zoning districts; 12) Table 9-1 specifying that trash enclosures for non-residential properties are permitted to encroach into the rear and interior side-yards and specifying set-back requirements; 13) Table 9-1 specifying that gas station canopies are permitted to encroach into front and street side-yards and specifying set-back requirements; 14) Table 4-1 specifying rear yard requirements for attached garages on corner and reversed corner lots in all residential zoning districts; 15) Table 4-1 specifying side-yard set-back requirements for lots with a detached garage in the R-1, R-2 and R-2-35 zoning districts; 16) Section 10.3(B) clarifying impervious surface coverage requirements for parking pads; 17) Section 10.2(B) creating rules that require parking facilities within the Village of Niles to be used only for businesses or uses within the Village of Niles; 18) Section 10.9 creating standards for when parking studies will be required by the Village; 19) Section 7.1(A) clarifying uses allowed within the ‘P-1’ zoning district; 20) Section 12.6(B) creating requirements for letters of credit, cash deposits, or bonds for public and common area improvements in planned unit developments; 21) Section 11.11 specifying street tree requirements for new construction projects; Page 3 of 23 Planning and Zoning Board Approved Meeting Minutes September 11, 2017 _________________________________________________________________ _______ 22) Section 10.3(C)(4)(c) correcting a mistaken reference to Section 9.3(H); 23) Section 10.1(B) specifying that parking must be provided for increases in the intensity of use of any structure or land; 24) Section 11.6(E) specifying that a decorative fence and landscaping may be provided in lieu of parking lot perimeter landscape requirements with the approve of the Director of Community Development; and 25) Table 8-1 adding ‘enclosed’ sales of vehicles, marine and recreational vehicles as a permitted use in the manufacturing zoning district and ‘outdoor’ sales of vehicles, marine, and recreational vehicles as a special use in the manufacturing zoning district. DISCUSSIONS 1. Notification requirements for public hearings 2. Carport set-back requirements and variation procedures for proposed carport expansions 3. Non-retail land uses on corners in commercial zoning districts ADJOURNMENT Chairman Kanelos called for the first item on tonight's agenda. 17-ZP-18 Requesting approval of a ‘gas station ’ special use permit per Village Ordinance Appendix B, Section 8.2(A) to allow a gas station at 8401 Milwaukee Avenue. Mr. Sylvester presented this case. This is to allow an existing gas station to reopen after being closed several years. The applicant is here tonight. There are two specific zoning approvals being requested tonight. First, the required special use permit to operate. That would require a recommendation to go to the Village Board for final approval. Second, the applicant is also requesting a variation of the set-back to increase the size of the building. On the screen [and in the packets] is an aerial photo of the location at Main St. and Milwaukee Ave. with Ozark Ave. bordering the site to the east. The building now has two service bays. The applicant is requesting an expansion on the east and eliminating the service bays. They would convert the entire interior of the building as retail/mini market. The site plan also shows the gas pump area with canopies and customer parking on the east. The parking requirements have been met. The landscape plans also meet the Village’s requirements. Notifications have been met, including on site signage. In the packet the Board will see the applicant did provide answers to the questions on obtaining a special use permit. Chairman Kanelos said when he visited the site, he could see a manhole cover that is sort of caved in, possibly where the gas would be put into the tanks. He wanted to bring that to the attention of Staff. Perhaps it could be covered or fenced because it could be a dangerous situation. Page 4 of 23 Planning and Zoning Board Approved Meeting Minutes September 11, 2017 _________________________________________________________________ _______ Commissioner Dubiel asked what density could be on this lot if it didn’t become a gas station. Mr. Sylvester said he’s not sure how dense; it’s really the parking area that would come into play. Whatever development would be put on this site would require enough parking. C-4 is one of the more permissive zoning districts so it would allow a wide range of commercial uses – retail, offices etc. Commissioner Dubiel asked if he built a new building in C-4 district, what would be the lot line requirements? Mr. Sylvester said he believes it is a zero lot line in front and on the corner side yard. So a person could build right up to Milwaukee Ave. and Main St. In the rear it is a 20 ft. set-back. And on the interior side a 5 ft. set-back. The site could be developed with a different configuration by moving the building toward Milwaukee Ave. with parking in the back. The current configuration is not prohibited. Commissioner Dubiel is pointing to the picture on the overhead. This old section of the building is not changing, correct? It is going to have an addition on the east end. Mr. Sylvester said correct. However, right now this Board is only approving the special use for the gas station. The building variation is the next item on tonight’s agenda. Commissioner Dubiel also verified that there is a privacy fence along the back; then there is a lower fence along the east [Ozark] side. Chairman Kanelos called the petitioner to come forth. Three gentlemen approached and were sworn in. Ervan Moten, 6546 N. Sauganash, Lincolnwood, IL 60712, spokesperson Antonio Fanizza, architect, 2363 Lechner Lane, Des Plaines, IL 60016 Deia Zabadneh, applicant and owner of the property, 7450 Lincoln Ave., Skokie, IL 60076 Mr. Moten said they are trying to make this gas station look like a state of the art facility. They plan on putting up a new building – same footprint – from the ground up – new canopies, new tanks, new pumps, etc. Mr. Fanizza said for the business to be successful they need to add to the square footage of the building. That’s the reason for the additional part to the east. The footprint on 3 sides stays as is. He added they are blocking out any additional residential traffic in the back. Commissioner DeBartolo asked if the overhead showed all fencing around the Page 5 of 23 Planning and Zoning Board Approved Meeting Minutes September 11, 2017 _________________________________________________________________ _______ property. Mr. Fanizza said no because they cannot enclose the refuse area. There will be an access from the alley to pick up refuse in the back of the building. Presently people cut through the property. Once that addition is built, that will stop. Mr. Sylvester wanted to call attention to what is in the project description. #6 and #10 need to be brought to your attention. It is proposed to be a 24 hour operation. And they are looking to obtain a gaming license in order to have gaming machines. Chairman Kanelos said the plan is to demolish the existing building and make a new building with existing foundation; demolish canopy and pumps and add a new canopy and pumps; remove all existing tanks and put in new tanks; new lining for underground fuel storage; create one station for air and vacuum; 11 parking spaces; 24 hour operation; full time and part time employees; estimated budget $600,000; state of the art modern gas station with 400 sq. ft. deli; 5 gaming machines and keep 400 sq. ft. for gaming use. He asked if it is common for state of the art gas stations to have gaming. Mr. Moten said it’s pretty common with the new stations going up. He knows of one in Glendale Heights. They still want to have the convenience store even if they don’t have gaming. He operates 8 other places that are 18 hours. They want to start here with 24 hours to get the feel of business. Chairman Kanelos asked if he’s not granted 24 hours, is this project still going forward? Mr. Moten answered yes. Chairman Kanelos asked if there were more questions from the Commissioners. There were none. He then asked for questions from the public. Jerry Acciari, 8455 Ozark Ave., Niles came forward and was sworn in. He said it’s been an eyesore for years; he’s glad to see something going in there. However, this is basically a residential neighborhood. He is a retired lieutenant on the Lincolnwood police force for 35 years. He knows trouble happens at a 24 hour operation. Not all the time but it happens. He’s also concerned about the underground gas tanks. Chairman Kanelos said the petitioner will be replacing all the tanks. Mr. Acciari is also concerned about traffic down Ozark from a 24 hour station. It’s a thoroughfare during the day from Main to Dempster with the Notre Dame High School traffic. But after midnight it could add traffic. Page 6 of 23 Planning and Zoning Board Approved Meeting Minutes September 11, 2017 _________________________________________________________________ _______ Andy Roiniotis, 8522 School St., Morton Grove, owner of the property next door, came to the podium and was sworn in. He and his wife take care of the 6 flat building behind this gas station at 8405 N. Milwaukee Ave. Everyone is used to having a gas station there. That’s fine. And they don’t object to an addition either. But it used to be open from about 6:30 a.m. until about 10:00 p.m. There are 3 bedrooms right behind there. The people that live there have to get up and go to work in the morning. But 24 hours a day and also asking for gambling, not good. It is a residential area; not a shopping center or a busy corner like Dempster and Milwaukee Ave. They request not making it 24 hours. And if they have gambling that’s another problem. Nothing good happens between 10:00 at night and 6:00 in the morning. Patty and Andy Schubert, 8303 N Merrill, Niles came forward and were sworn in. They came to offer an opinion on this. They are residents of Niles for 13 years. It is a residential area. They object to the business being open 24 hours. It will cause traffic congestion on Milwaukee. And it will affect parents and students going to Notre Dame High School using Ozark Ave. The previous gas station was mostly maintenance and service, not gas so much. There are already two gas stations on Milwaukee Ave., one at 7662 N. Milwaukee (BP open 24 hours) and the other at 9002 N. Milwaukee (Shell open until midnight). There is also concern with being open 24 hours, the brightness of the lights. Will there be alcohol at this convenience store? Mr. Moten said they are applying for a gaming license which includes a pour [liquor] license. It would be packaged liquor. Chairman Kanelos asked Mr. Ostman about lighting. The Village doesn’t allow lighting to light up the sky anymore. It is now contained. Mr. Ostman said yes. Mr. Shubert asked if that includes time limitations on those lights. Mr. Ostman said the lights do not dim at night. It is not a requirement. Mr. Fanizza said the Village establishes the boundaries of where the lumens will be. The proposed building will be blocking the lights going to the residential area. They will check the property but it will basically be zero spilling of light. Mr. Schubert said why don’t you rezone this for residential. We don’t need a gas station there. He feels it will be difficult to enter the gas station from Main St. If you need a spot for a gas station, Riggio’s just closed at Oakton and Milwaukee. What a great spot. Years ago there was a station where McDonald’s now stands – that used to be further south toward Jerry’s Fruit Market. Page 7 of 23 Planning and Zoning Board Approved Meeting Minutes September 11, 2017 _________________________________________________________________ _______ Chairman Kanelos said there is a petitioner who wants to open a business on this property that is legally zoned for such. He is a property owner and also has rights. If this doesn’t go through and someone wants to rezone the property, fine. Ann Marie Rioniotis, 8522 School St., Morton Grove, owner of the property at 8405 N Milwaukee Ave. came to the podium and was sworn in. She is correcting her husband [he spoke earlier] and said there are 5 bedrooms that face the gas station. She understands the existing station will be torn down; the tanks will be removed. Will the ground be remediated? Chairman Kanelos said that is a building code issue and whatever needs to be done will be. Mr. Ostman said the soil issues are addressed through the Illinois Environment Protection Agency [IEPA]. They are responsible for the ground clean up. The Village of Niles is responsible for the construction of the building. Mrs. Rioniotis asked if the lights will be below the canopy. She is not in favor of the gaming and now liquor is involved. She sees that as a problem for people trying to get a good night sleep in her apartment building. Mr. Ostman said the lights will not spill over the property lines. Helen Epstein, 8276 N Merrill, Niles came to the podium and was sworn in. She can hear the traffic on Milwaukee Ave. and also the crowds from Notre Dame. Very often canopies have loud speakers because there is advertising at the pumps. People that live right along there are facing a lot of noise from car speakers and canopy speakers. Chairman Kanelos said there is an ordinance regarding speakers at drive-thrus. What about gas station speakers? Mr. Ostman said there is nothing in the code about noise. It doesn’t get into specific decibel levels. He proposed something 5 or 6 years ago but it was rejected. It is a Cook County requirement of 65 decibels at the property line. Commissioner DeBartolo clarified the petitioner will be selling liquor. Can the customer open the liquor in this establishment and drink it? Mr. Moten said the way the gaming licenses are set up you can sell packaged goods. They cannot open it and sit at the games. [There is interference from what could be a bad hearing aid battery. Some of the audio is lost.] Commissioner Karabatsos asked why is it called a pour license? Mr. Ostman said the alcohol license is not involved in the zoning issue. Page 8 of 23 Planning and Zoning Board Approved Meeting Minutes September 11, 2017 _________________________________________________________________ _______ Neither is the gaming license. Commissioner Dubiel asked if the petitioner will accept less than 24 hours for being open. Mr. Moten said there are other locations set up as 18 hours. So that would be acceptable. Those hours are Monday through Saturday 5 a.m. until 11 p.m. On Sundays it is 7 a.m. until 10 p.m. They do want to be respectful of the neighbors. Joshua Hurwitz, 8452 N Ozark, Niles came to the front and was sworn in. Let’s say it is approved for 24 hours and it turns out to be a problem. Is there an opportunity to revisit this? Is there no way to address noise or lighting issues either? Chairman Kanelos said revocation can only be implemented if this Board sets conditions on the special use and they violate the conditions. Mr. Ostman said if there is an ordinance violation they would be cited and have to attend an adjudication hearing. Commissioner Dubiel said the police have reviewed this petition and there were no concerns. Ken and Sylvia Lubinski, 8296 N Merrill, Niles came to the podium and were sworn in. They have been residents for 37 years. Mrs. Lubinski said they were customers of the previous gas station. She sees no reason for a gas station to be open 24 hours. When she walks she finds empty liquor bottles and cans that people toss out of their cars. She sees no purpose for this. Mr. Lubinski asked if they approve a 24 hour license can it be set back to 18 hours if there is a problem. He is not for this. You have to think of the residents. Chairman Kanelos repeated the only way a special use permit can be revoked is if they violate a condition of that permit. Everybody on this Board lives in Niles. The gaming and the alcohol are not zoning issues. That is the Liquor Commissioner’s department. There is no hearing. They apply for it. If this Board approves the special use, it is a recommendation to the Board of Trustees. They have a public hearing on it. Residents can go there and express their concerns. Commissioner DeBartolo asked if you can turn off the sound machine that speaks to you when you pull up to a gas pump. If that was a condition, say to turn it off at 10:00 p.m.., can you do that? Do you expect a lot of people for gaming from 10 p.m. to 3 a.m.? Page 9 of 23 Planning and Zoning Board Approved Meeting Minutes September 11, 2017 _________________________________________________________________ _______ Mr. Moten answered yes, he can turn off the sound. There is not a lot of gaming during the night. Mary Marusek, 8223 N Merrill, Niles came forward and was sworn in. She has no problem with another gas station going in. Until tonight she wasn’t aware of the hours or the gaming. She didn’t get answer about who is in charge for the gaming. Chairman Kanelos said he did answer that. That is decided by the Liquor Commissioner. Most of the public did not know about the gaming and liquor because it is not part of the petition tonight. Only zoning. That’s why you should come to these meetings. Mrs. Marusek asked if the gaming affects the parking. Mr. Sylvester said they evaluated the parking based on the square footage for the retail and gas station operation. It is not based on gaming. It would be part of the same square footage. Village Attorney Grcic said when it comes to gaming, there has to be an application filed with the Liquor Commissioner. There are requirements to obtain a gaming license. It has to be reviewed. There is no guarantee they will get a gaming license. The focus today is the special use for the gas station. There are a limited number of liquor licenses in the Village. Mrs. Marusek thinks the hours should be a major consideration. Andy Rioniotis spoke again. Who’s to stop customers from buying liquor and going over the parking lot behind the apartment buildings and tailgating? Chairman Kanelos said that’s when you call the police. Ken Lubinski came to ask another question. How far can a liquor establishment be from a public park? Chairman Kanelos said it is something the Liquor Commissioner will take into consideration. There is a process to prevent that from happening. Commissioner Schulter reiterated this Board has nothing to do with gaming and liquor. Andy Schubert asked if this is the Niles Liquor Commission or County. Chairman Kanelos said it is the Village. Attorney Grcic said it again. To have a gaming license, they need to have a liquor license from the Village. They also need to have a state gaming license. Page 10 of 23 Planning and Zoning Board Approved Meeting Minutes September 11, 2017 _________________________________________________________________ _______ You must have both. Chairman Kanelos asked if there were more questions. There were none. He entertained a motion and he would like to have a condition of less than 24 hours of operation. Commissioner Dubiel moved to approve item 17-ZP-18 requesting approval of a ‘gas station’ special use permit per Village Ordinance Appendix B, Section 8.2(A) to allow a gas station at 8401 Milwaukee Avenue. A condition would be to limit the hours of operation to 18 hours from 5 a.m. until 11 p.m. Monday through Saturday; Sunday from 7 a.m. until 10 p.m. Seconded by Commissioner Parala, on roll call the vote was: AYES:6 Dubiel, Karabatsos, DeBartolo, Schulter, Parala, 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 called for the next item. 17-ZP-19 Requesting approval of a variation from Niles Zoning Ordinance Section 5.3 for rear yard set-back requirements for a proposed expansion of an existing gas station building at 8401 Milwaukee Avenue. Mr. Sylvester said to the Board you have just recommended a special use permit be approved so a gas station can operate at this location. The Village Board will have the final say on that. Whether liquor can be sold or gaming installed will be handled by the Liquor Commissioner. Now the question is if this Board will approve the applicant’s request for a variation to enlarge the building so it is closer to the rear property line than Village ordinances allow. This property is zoned C-4. There is a 20 ft. rear yard requirement. The applicant is proposing to construct the building 19 ft. 1 in. into that required set-back. So the request is for a 19 ft. 11 in. variation from the 20 ft. requirement. If approved it will allow the building to be larger with that addition to the east of the original site plan. [This is shown on the overhead.] The addition is Page 11 of 23 Planning and Zoning Board Approved Meeting Minutes September 11, 2017 _________________________________________________________________ _______ what would require the variation. All required notices have been handled – mail, newspaper and posting on the property. Commissioner Dubiel clarified if this is torn down, then the new building meets the side-yard set-back. Mr. Sylvester said it is a tricky site. It has right of way on four sides. The front is along Milwaukee and the encroachment is to the rear [the addition to the footprint going east]. Commissioner Schulter asked if the encroachment would be into the alley. Mr. Sylvester said no, the building will remain entirely on private property. It will be about a foot away from the property line. There were no more questions from the Commissioners. Chairman Kanelos reminded the three petitioners they are still under oath. They had nothing else to add to the presentation. He then asked if there were questions from the public regarding the variation. Patty Schubert came forward and spoke for the second time this evening. If there are regulations for a 20 ft. set-back, why are there exceptions to that. Chairman Kanelos said there is always a process for particular conditions. Probably 30 or 40% of the homes in the Village violate some code; because the violation is not a harmful thing, there’s a process for the citizens to come before this Board and appeal. The process of variations is meant to assist citizens and businesses within reason. Mrs. Schubert said it is almost a 100% variance they are requesting. If this building is allowed to be made larger, it would improve their chances of having gaming and liquor, so she objects to the larger footprint. Commissioner DeBartolo asked the petitioners if they don’t get the gaming/liquor license, what will they use the extra area for? Mr. Moten said for product and general merchandise. There were no more questions. Chairman Kanelos entertained a motion. Commissioner Dubiel moved to approve item 17-ZP-19 requesting a 19.08 ft. variation from the rear yard set-back at 8401 Milwaukee Avenue to allow a building that will be located 0.92 ft. away from the rear property line despite there Page 12 of 23 Planning and Zoning Board Approved Meeting Minutes September 11, 2017 _________________________________________________________________ _______ being 20 ft. required. The application of this ordinance will result in undue hardship as distinguished from mere inconvenience unless we grant this particular request. This lot has been empty for years. It is an odd shaped lot. The variation will not alter the essential character of the locality and the plight of the owners due to unique circumstances inherent to the subject property. [Interference caused some loss of audio]. Seconded by Commissioner DeBartolo, on roll call the vote was: AYES:6 Dubiel, Karabatsos, DeBartolo, Schulter, Parala, Kanelos NAYS: 0 ABSENT: 1 Nakanishi There being six (6) affirmative votes the motion carried. Chairman Kanelos called for the next item. 17-ZP-20 Requesting approval of a ‘bar’ special use permit at 7421 Milwaukee Avenue per Village Ordinance Appendix B, Section 8.2(A) to allow a proposed bar at 7421 Milwaukee Avenue. Mr. Sylvester presented this case. The agenda was written as such: if you determine that the proposed business is a bar, Staff has provided proper notice so it can be voted on what would require a special use permit for a bar. However if you look at the Staff report in the packet and what is on the overhead, the question is to determine if proposed business is a restaurant or a bar. If this Board determines it is a bar, then you need to consider the applicant’s request for a special use permit for a bar. Mr. Sylvester takes responsibility for the confusion. The application materials were dropped off a month ago and then the petitioners had to leave the country. They were not able to communicate and he did not have a clear understanding of their business. As you can see in the application, the petitioner describes it as a bar, the application is for a bar, and the name would be Izzy’s Bar and Arcade. He understood it to be a bar. When the applicants came back they clarified the exact nature of the business. To him their proposal is for a restaurant to serve alcohol. He then read the official zoning ordinances for what is a bar and what is a restaurant. Chairman Kanelos said based on this Staff is of the opinion this is a restaurant, not a bar – correct? Mr. Sylvester said yes. But since notices were already sent out and published this is to be a bar, he feels this Board should make the determination if it is a bar or a restaurant. Chairman Kanelos asked what is the definition of ‘on premises’? He is looking at the floor plan on the overhead. The kitchen is actually in Kiddie Kingdom. The bar area would be next door. Something is not right here. Page 13 of 23 Planning and Zoning Board Approved Meeting Minutes September 11, 2017 _________________________________________________________________ _______ Commissioner Schulter said they are sharing the kitchen. Mr. Sylvester said ‘on premises’ means on the site as opposed to taking it somewhere else. Chairman Kanelos asked how many over 21 restaurants are in the Village. He can’t think of one. Yet this is proposed to be a 21 and over restaurant. By that definition what would Chasers be? [restaurant], what would Playbook be? [restaurant], what would Morrison’s be? [bar] But Morrison’s has a full menu so it’s a restaurant yet everyone knows it’s a bar. Commissioner Dubiel asked if the examples just given are all listed as bars in the Village. He then asked Mr. Sylvester how he determined if this is a bar. Mr. Ostman answered they are licensed restaurants. The Village has only three licensed bars. As you look at the description of this, it is serving food to patrons who are seated. The liquor is incidental to the restaurant itself. He doesn’t think the Commissioners need to focus on the 21 aspect. Commissioner Dubiel was describing the picture on the overhead. Kiddie Kingdom is down farther on the premises but they share this common kitchen. Is the Village seeing this as an adjunct to that? He just wants to understand the owners’ intent. We already approved go-karting and ski-ball at Caldwell and Howard. That also includes a nail salon. Mom comes out, drops the kids, gets her nails done all at the same place. Chairman Kanelos asked if Kiddie Kingdom is a restaurant. He added they don’t have enough parking. Mr. Ostman said yes it is a restaurant. Chairman Kanelos asked if there were any more questions for Staff. There were none. He called the petitioners to the podium. Isabelle and Michael Nigro, 1040 Vernon, Park Ridge, IL 60068 approached to be sworn in. [Just for the record, attorneys don’t have to be sworn in. Since they are officers of the court, they are presumed to be telling the truth.] Mrs. Nigro was the spokesperson. They are the owners of the entire strip center at that address. They own Salon M at the south end of the center. But with the economy, tenants were leaving and they had to come up with a plan because of the high taxes. They came up with Kiddie Kingdom. As parents of 5 small children it seemed like a great opportunity for them. It’s been a great business for 7 years now. Each spot is about 4,000 sq. ft. and it has been hard to rent. Opening another business was not in their plans but they will try. They opened up the back and the kitchen at Kiddie Kingdom is in conjunction with this Page 14 of 23 Planning and Zoning Board Approved Meeting Minutes September 11, 2017 _________________________________________________________________ _______ other space. It is all under the same LLC – just an add-on to the business. The reason for 21 and older is because of Kiddie Kingdom being right there. They have good food with a huge kitchen. They also service some schools in the area for lunches. So it made sense to open up the back and service another portion of the restaurant. Chairman Kanelos said he has some concerns. There used to be a code if you open a restaurant, you had to have a special use. Now the code doesn’t require restaurants to have a special use. But it requires bars to have a special use. Mrs. Nigro said they already have a liquor license for serving beer and wine at Kiddie Kingdom. They’ve already spoken with the Liquor Commissioner and it would be under the same license. And the license is only for beer and wine therefore the bar would not be pouring hard liquor. They thought the name Izzy’s Bar sounded cool but they are okay with just calling it Izzy’s. In the arcade they have over 100 vintage games and pinball machines. That’s the draw. The hours don’t have to be until 2 a.m. but she would like it on the weekends [Fri and Sat nights] but it’s definitely not……….. Chairman Kanelos said if the Board decides it is a restaurant, they have no say. There is parking in the back and his concern is that at 2 a.m. the noise level for the people that live in the condo area. Mrs. Nigro said Kiddie Kingdom closes at 9:00 every night. By 7:00 the parking lot is pretty empty. She believes that’s about the time people would be coming to Izzy’s. They are not a large enough facility to accommodate a large number of people. They aren’t looking to have a tavern or people partying at all hours. It’s just another portion of the business. She and her husband are always at the businesses working and they live 5 minutes from there as well. This is their life. They keep it tidy. They don’t allow loitering outside. They are very respectful of the area. Commissioner Karabatsos asked for the aerial photo to be shown again on the screen. Mrs. Nigro said they already have a party room. Their liquor license is for the entire LLC. Commissioner Dubiel said the item here tonight is only because of the misunderstanding of the Department of Community Development. Mr. Sylvester said yes. Commissioner Dubiel said they have a liquor license under this LLC. Did they apply for a building permit? Mr. Sylvester said the applicants called him. They described it. He said they Page 15 of 23 Planning and Zoning Board Approved Meeting Minutes September 11, 2017 _________________________________________________________________ _______ needed a zoning permit. They also said they were leaving the country. He told them to get their stuff in the next day because he still had time to make all the notifications. They did get on the August agenda. This was based on one or two conversations and they were describing it as a bar. Mrs. Nigro said she called Mr. Sylvester as soon as she returned from vacation and said she wasn’t so sure this should be described as a bar. It was already too late in the process and it was called a bar. Commissioner Dubiel asked if any work had been done at this facility. Mrs. Nigro said yes, they have games and furniture. Mr. Sylvester said it came to the Department’s attention because the Nigros called and said this is what they want to do. They explained what they were planning to do. The word bar was mentioned and he told them it required a zoning permit. Commissioner Dubiel said if they chose to change the name of their internal party room to Izzy’s Bar, this Board would not have to take any action. Mrs. Nigro said it is a huge misunderstanding. Chairman Kanelos is not convinced that this is a restaurant. There was a lot of discussion back and forth among the Board, Staff and the petitioners on how to decide if this is a restaurant or a bar. Attorney Grcic said if it’s determined that it’s a restaurant and we reverse the way this application was filed based on information provided by the applicant, Bruce filed the application and it was filed under a ‘bar’. If the petitioners pull out their application because it isn’t a bar, this Board has nothing to consider. If you are sitting here and the Board determines it is a restaurant you don’t have to vote on it. This Board would have to determine if it needs to vote on a special use for a ‘bar’ if that is going to be the case. Chairman Kanelos feels because of the hours, it would be a disservice to the people who live behind there. More discussion among the Commissioners on the issue. Mr. & Mrs. Nigro decided it is a restaurant and withdrew their petition. It has been determined by the petitioners this is a restaurant, not a bar. Miscommunication occurred when the applicant rushed through the process to get the item on the August agenda. It was then tabled to September due to improper signage on the part of the Village. Page 16 of 23 Planning and Zoning Board Approved Meeting Minutes September 11, 2017 _________________________________________________________________ _______ Chairman Kanelos called for the final item on the agenda. 17-ZP-21 Proposed text amendments to the following sections of the Village of Niles Zoning Code Appendix B as recommended by Charles Ostman, Director of Community Development. Mr. Sylvester said the Village adopted a new ordinance. Mr. Sylvester, Mr. Ostman and Richard Wlodarski, Assistant Director of Communit Development have discussed the new ordinance and keep notes, They find minor mistakes and some things need corrections; typos; missing rules, etc. Once a year they take all the proposed changes to the zoning ordinance, package them and bring them up to this Board as proposed zoning text amendments. This is not a zoning map amendment; these are zoning text amendments which are basically changing the rules that they use when talking about new zoning. Since adopting the new ordinance over a year ago, Staff has come across about two dozen things that should be changed – either by adding something that is missing or tweaking something unclear or incorrect, etc. Chairman Kanelos said they will go through them one by one. 1) Section 8.5 creating a use definition for “Repair and Service – Indoor’; NO OBJECTION 2) Table 8-1 adding ‘Repair and Service – Indoor’ as a permitted use in the manufacturing district and in all commercial districts; NO OBJECTION - first you define it – in this case indoor; in the second one – where is that type of business allowed in the community. This is what Staff is recommending. Staff is suggesting that use would be permitted in C-1, C-2, C-3, 4, 5 and manufacturing district. 1 and 2 go together 3) Section 8.5 creating a use definition for ‘Small Engine Repair and Service’; NO OBJECTION 4) Table 8-1 adding ‘Small Engine Repair and Service’ as a permitted use in the ‘M’ zoning district and as a special use in the C-2 and C-4 zoning districts; NO OBJECTION – WITH RECOMMENDED MODIFICATIONS – EXCLUDING RETAILERS – PER ATTORNEY GRCIC – 3 and 4 are potentially nuisance businesses which is small engine repair. Staff is saying let’s define it. They were limiting it to a couple commercial districts. Other communities have similar languages. 3 and 4 go together 5) Section 8.5 creating a use definition for ‘Video Gaming Café’; NO OBJECTION Page 17 of 23 Planning and Zoning Board Approved Meeting Minutes September 11, 2017 _________________________________________________________________ _______ 6) Table 8-1 adding ‘Video Gaming Café’ as a permitted use in the ‘ENT-MU’ zoning district and in all commercial zoning districts; NO OBJECTION – this would refer to the entertainment/mixed use pertaining basically to the Touhy triangle. 7) Section 8.3(H) eliminating the requirement that firearms sales and firearms training centers be located at least 1,000 feet away from an educational facility; NO OBJECTION – Rosemary Pawlicki sent an email opposing this wording. She opposes eliminating that. Yvonne Smith, 9200 East Prairie Rd., Skokie, IL 60076 came forward and was sworn in. She is opposed to the idea of eliminating that wording. She is a retired high school teacher and a member of the non-profit organization ‘People for a Safer Society’. She feels reducing that distance to less than 1,000 ft. is a bad thing to do. Federal law requires 1,000 ft. There is also an Illinois law that was passed by the Senate and will be going before the House during the next session. There need to be restrictions on where gun dealers and gun ranges open. Mundelein tried to get a gun shop approved and that failed. Chairman Kanelos asked if the state law passes, does that mean Niles has to follow or can they do home rule. Attorney Grcic will have to research this. Commissioner Dubiel asked if 2,000 ft. would be better than 1,000; or would 500 ft. be better than zero. How did it come to this number? Ms. Smith said that 1,000 ft. is the number in the Federal law. She doesn’t know how it was determined. James Hynes, 7104 Birchwood, Niles. Mr. Hynes is an attorney and therefore, did not need to be sworn in. He is very disappointed with the bar vs. restaurant issue. Regarding this gun shop/gun range issue, does the current Village ordinance say 1,000 ft? What is the purpose for eliminating it? Attorney Grcic said to be consistent with current case law. Mr. Hynes is saying then you can put a gun shop and sell guns next to every private and parochial school in Niles. Chairman Kanelos said right now Niles requires such businesses to be in the Manufacturing district so there would be no school there. Mr. Hynes said if the gun shop is in a Manufacturing district and adjacent to a school, then it’s fine even though it’s less than 1,000 ft. Chairman Kanelos said they still need a special use permit. They still have to come through this process. Page 18 of 23 Planning and Zoning Board Approved Meeting Minutes September 11, 2017 _________________________________________________________________ _______ Attorney Grcic said eliminating 1,000 ft. does not give them free reign to open up in a Manufacturing district next to a school. Mary Marusek was sworn in earlier this evening on another case. She asked to explain what is meant by current case law. Attorney Grcic said her department is being consistent with the current trends in the state. There is no law in the state that has this requirement. There is a law pending. Mrs. Marusek feels that a law almost on the books should be the trend, not nothing on the books. Why should Niles specifically change this? Attorney Grcic said that is one situation. It doesn’t speak to all the communities within the state. Chairman Kanelos said she already answered you. The answer may not be a satisfactory answer to you but it is an answer. Helen Epstein was sworn in earlier. She doesn’t understand that a trend is sufficient enough to do anything as opposed to a principle. Commissioner Dubiel said what Attorney Grcic means is that current case law adjudicating this type of issue is going against having this be part of the statute. So this Board is removing it so the Village is consistent with current case law. He continued explaining so Mrs. Epstein could understand it. 8) Section 9.3(R) adding ‘Outdoor Seating’ as a permitted use in the ‘M’ zoning district; STRICKEN Mrs. Epstein spoke again. If the Board is concerned about the citizens, then outdoor seating at a restaurant is noisy. Chairman Kanelos said he’s glad she spoke up. He personally would like to leave that as a special use. The Board has to look at each restaurant in a different light. 9) Table 8-1 adding ‘Catering Establishments’ as a permitted use in the ‘M’ zoning district; NO OBJECTION 10) Table 8-1 adding ‘Educational Facilities’ as a special use in the ‘C-3’ zoning district. NO OBJECTION – ADD TO ‘M’ DISTRICT AS WELL FOR EDUCATION/VOCATIONAL AND COLLEGE/UNIVERSITY TO GRID ON THE OVERHEAD PER ATTORNEY GRCIC Page 19 of 23 Planning and Zoning Board Approved Meeting Minutes September 11, 2017 _________________________________________________________________ _______ 11) Table 8-1 making Farmer’s Markets special uses rather than permitted uses in all residential zoning districts; NO OBJECTION Mr. Sylvester said after this was adopted, Staff realized they made Farmer’s Markets permitted in residential districts. It should be a special use in case someone wanted to have a Farmer’s Market in a residential district. 12) Table 9-1 specifying that trash enclosures for non-residential properties are permitted to encroach into the rear and interior side-yards and specifying set-back requirements; NO OBJECTION There was much discussion regarding commercial enclosures and encroachment. 13) Table 9-1 specifying that gas station canopies are permitted to encroach into front and street side-yards and specifying set-back requirements; NO OBJECTION 14) Table 4-1 specifying rear yard requirements for attached garages on corner and reversed corner lots in all residential zoning districts; NO OBJECTION Mr. Sylvester suggests leaving 14 as is. End discussion at this point. 15) Table 4-1 specifying side-yard set-back requirements for lots with a detached garage in the R-1, R-2 and R-2-35 zoning districts; 16) Section 10.3(B) clarifying impervious surface coverage requirements for parking pads; 17) Section 10.2(B) creating rules that require parking facilities within the Village of Niles to be used only for businesses or uses within the Village of Niles; 18) Section 10.9 creating standards for when parking studies will be required by the Village; 19) Section 7.1(A) clarifying uses allowed within the ‘P-1’ zoning district; 20) Section 12.6(B) creating requirements for letters of credit, cash deposits, or bonds for public and common area improvements in planned unit developments; 21) Section 11.11 specifying street tree requirements for new construction projects; 22) Section 10.3(C)(4)(c) correcting a mistaken reference to Section 9.3(H); 23) Section 10.1(B) specifying that parking must be provided for increases in the intensity of use of any structure or land; Page 20 of 23 Planning and Zoning Board Approved Meeting Minutes September 11, 2017 _________________________________________________________________ _______ 24) Section 11.6(E) specifying that a decorative fence and landscaping may be provided in lieu of parking lot perimeter landscape requirements with the approve of the Director of Community Development; and 25) Table 8-1 adding ‘enclosed’ sales of vehicles, marine and recreational vehicles as a permitted use in the manufacturing zoning district and ‘outdoor’ sales of vehicles, marine, and recreational vehicles as a special use in the manufacturing zoning district. Chairman Kanelos stated at the end of item 14, items 15 through 25 would be addressed at next month’s [October] meeting. Mr. Sylvester said 4 was amended with some language suggested by Attorney Grcic. Striking 8. Modifying 10 with additional language. Chairman Kanelos made a motion to address 17-ZP-21 items 1 through 14 as summarized by Mr. Sylvester. Commissioner Dubiel said so moved those items be adopted. Seconded by Commissioner DeBartolo, on roll call the vote was: AYES:6 Dubiel, Karabatsos, DeBartolo, Schulter, Parala, Kanelos NAYS: 0 ABSENT: 1 Nakanishi There being six (6) affirmative votes the motion carried. DISCUSSIONS 1. Notification requirements for public hearings 2. Carport set-back requirements and variation procedures for proposed carport expansions 3. Non-retail land uses on corners in commercial zoning districts Chairman Kanelos made a motion to table 17-ZP-21 items 15 through 25 and the three other items open under DISCUSSIONS. Commissioner Dubiel said so moved. Seconded by Commissioner DeBartolo, on roll call the vote was: AYES:6 Dubiel, Karabatsos, DeBartolo, Schulter, Parala, Kanelos NAYS: 0 ABSENT: 1 Nakanishi Page 21 of 23 Planning and Zoning Board Approved Meeting Minutes September 11, 2017 _________________________________________________________________ _______ There being six (6) affirmative votes the motion carried. Mr. Sylvester asked if he should proceed getting items 1 through 14 with the changes to the Village Board meeting on September 26, 2017. Chairman Kanelos said yes. ADJOURNMENT Chairman Kanelos made a motion to adjourn. Commissioner Dubiel moved to adjourn. Seconded by Commissioner DeBartolo, on roll call the vote was: AYES:6 Dubiel, Karabatsos, DeBartolo, Schulter, Parala, Kanelos NAYS: 0 ABSENT: 1 Nakanishi There being six (6) affirmative votes the motion carried. The meeting adjourned at 9:38 p.m. Kathleen Janessa, Recording Secretary The following people would like to be notified of the next Board of Trustees meeting: Jerry Acciari 8455 Ozark, Niles 847.278.0277 Andy and Ann Roiniotis 8522 School St, Morton Grove 847.965.5163 Andy and Patty Schubert 8303 N Merrill, Niles 847.651.7326 Page 22 of 23 Planning and Zoning Board Approved Meeting Minutes September 11, 2017 _________________________________________________________________ _______ Helen Epstein 8276 N Merrill, Niles 847.696.1158 Ken and Sylvia Lubinski 8296 N Merrill, Niles 847.698.0416 Mary Marusek 8223 N Merrill, Niles 847.825.0364 Jim Woods 7649 W Main St, Niles 847.966.0523 Page 23 of 23