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01/14/2014Case #13 -067 -CU 650 Graceland/1351 Webford Case #13 -070 -CU 410 Northwest Highway Case #13 -069 -CU 1255 Lee Street January 14, 2014 Page 1 'CITY OF �� Or - DES DES PLAINES) ILLINOIS DES PLAINES ZONING BOARD MEETING JANUARY 14, 2014 MINUTES The Des Plaines Zoning Board Meeting held its regularly scheduled meeting on Tuesday, January 14, 2014 at 7:30 P.M., in Room 102, City Council Chambers, of the Des Plaines Civic Center. ZONING BOARD PRESENT: Seegers, Szabo, Saletnik, Porada, Hofhen, Schell ABSENT Catalano ALSO PRESENT Scott Mangum, AICP, Senior Planner, Department of Community & Economic Development George Sakas, AICP, Director of Community & Economic Development Lauren Griffin, Administrative Assistant of Community & Economic Development Chainnan Seegers called the meeting to order at 7:32 p.m. Roll call was conducted. Chairman Seegers stated there are three cases on the agenda. The cases were read before the Zoning Board of Appeals. APPROVAL OF MINUTES: A motion was made by Board Member Porada, seconded by Board Member Hofherr, to approve the meeting mimrtes of December 10, 2013, with revisions that will be brought forth at the next Zoning Board of Appeals Meeting for review. Board Member Saletnik commented that when minutes are taken out of context is can become dangerous. AYES: Porada, Hofherr, Saletnik, Schell, Szabo NAYES: None ABSTAIN: Seegers ***MOTION CARRIED*** NEW BUSINESS 1. Address: 650 Graceland/1351 Webford Case Number: 13 -067 -CU Petitioner is requesting a Conditional Use permit under Section 7.3-6-C of the 1998 City of Des Plaines Zoning Ordinance, as amended: to establish a Domestic Pet Service (Dog Grooming) in the C-3 District. Case #13 -067 -CU 650 Graceland/1351 Webford Case #13 -070 -CU 410 Northwest Highway Case #13 -069 -CU 1255 Lee Street January 14, 2014 Page 2 PIN: 09-17-417-019-0000 Petitioner: Jennifer Haney, 1224 Wayne Drive, Des Plaines, IL 60018 Owner: Bill Mandas, 837 Partridge Drive, Palatine, IL 60067 Chairman Seegers swore in the Petitioner Jennifer Haney, 1224 Wayne Drive, Des Plaines, IL 60018 and Attorney Daniel Dowd, 701 Lee Street, Des Plaines, IL 60018. Mr. Dowd introduced himself as the Attorney representing the Petitioner. Mr. Dowd explained the space is approximately 650 square feet on the ground level of an existing building, currently located next to the pawn shop. Mr. Dowd explained the proposed hours of operation are Monday through Saturday by appointment only 8:00 A.M — 4:00 P.M. Parking is adequate with eight spaces on the location, public municipal parking across the street and street parking near the subject property. The Petitioner and Staff are in agreement with the standards placed in the Staff Report. Ms. Haney introduced herself and has been in the Dog Grooming business for over 35 years. The nature of the business will be by appointment only which will not have a negative effect on traffic or parking on the premises. The doors will always be locked on the building and after service the customer will be called to come and pick up the dog. Chairman Seegers asked: • Which entrance would be used for the space. Ms. Haney responded the front entrance will be used, which will be locked at all times. Board Member Hofherr asked Petitioner: • What improvements will be done to the space, and are there current tenants upstairs. Ms. Haney explained the extent of work would be new flooring, new tile, painting, new lighting, and a new professional awning would be installed on her portion on the building. There are tenants upstairs and they have met and talked. Board Member Hofherr mentioned to Staff that the No Parking sign in front of the space needs to be replaced. Board Member Porada asked: • Is the Petitioner going to board animals. Ms. Haney responded no boarding will occur. The schedule will be by appointment only. She does have a release form if dogs need medical treatment they will be taken to the veterinarian. • How many appointments a day. Ms. Haney doesn't imagine more than 7 appointments a day by herself, if additional staff member is hired maybe can take 15-16 dogs a day. The latest appointment would be 12-12:30 P.M. Chairman Seegers asked the Board if there were any further questions. There were none. Chairman Seegers asked Mr. Mangum to summarize the staff report. Case #13 -067 -CU 650 Graceland/1351 Webford Case #13 -070 -CU 410 Northwest Highway Case #13 -069 -CU 1255 Lee Street January 14, 2014 Page 3 Issue: The petitioner is requesting a Conditional Use Permit under Section 7.3-6-C of the 1998 Des Plaines Zoning Ordinance, as amended, to establish a Domestic Pet Service (Dog Grooming) in the C-3 Zoning District. Analysis/Proposed Use: Vacant tenant space within multi -tenant mixed use building Petitioner Jennifer Haney, 1224 Wayne Drive, Des Plaines, IL 60018 Owner Bill Mandas, 837 Partridge Drive, Palatine, IL 60067 PIN 09-17-417-019-0000 Plan of Operation Operate a domestic pet service that offers dog grooming services Monday through Friday from the hours of 8:00 a.m. to 4:00 p.m. and Saturday by appointment only. Existing Use Vacant tenant space in mixed-use building with pawn shop and two upper story residential units Surrounding Land Use North: Commercial (Newspaper) East: Commercial South: Place of Worship West: Single-family Residential Existing Zoning C-3, General Commercial Surrounding Zoning North: C-3, General Commercial East: C-5, Central Business South: R-4, Central Core Residential West: C-3, General Commercial Street Classification The adjacent section of Graceland Avenue is listed as an arterial street in the Comprehensive Plan. Comprehensive Plan The Comprehensive Plan recommends a Community Commercial use for the site. Happy Dog Grooming Spa has requested a Conditional Use Permit to operate a Domestic Pet Service that offers dog grooming services from the hours of 8:00 a.m. to 4:00 p.m. Monday through Friday, with additional appointments available on Saturdays. Accessory retail sales of pet related products are planned for the future. The applicant is the sole proprietor and would not have any additional employees on site. Domestic Pet Services require a Conditional Use Permit in the C-3 zoning district. The approximately 650 square -foot first floor, currently vacant, tenant space is located within a two-story multiple -tenant mixed-use building at 650 Graceland Avenue. The existing commercial tenant is a pawn shop, while two residential units are located on the second floor. The commercial site is composed of two parcels with a total area of approximately 6,720 square feet. The site has approximately 8 parking spaces Case #13 -067 -CU 650 Graceland/1351 Webford Case #13 -070 -CU 410 Northwest Highway Case #13 -069 -CU 1255 Lee Street January 14, 2014 Page 4 and is serviced by one curb -cut off of Graceland Avenue. The adjacent single-family residential lot to the west is under the same ownership. The petitioner has requested a waiver of the traffic study. Due to the nature of this request, staff has agreed to waive the traffic study. The proposed operation anticipates a limited number of customers per day. Conditional Use Findings: As required by Section 3.4-5 (Standards for Conditional Uses) of the Zoning Ordinance, the proposed development is reviewed below: A. The proposed Conditional Use is in fact a Conditional Use established within the specific Zoning district involved: Comment A Domestic Pet Service is a Conditional Use in the C-3, General Commercial Zoning District, as specified in Section 7.3-6-C of the 1998 City of Des Plaines Zoning Ordinance, as amended. B. The proposed Conditional Use is in accordance with the objectives of the City's Comprehensive Plan: Comment: The 2007 Comprehensive Plan recommends Community Commercial for this site. A Domestic Pet Service is a Conditional Use in the C-3 Zoning District. C. The proposed Conditional Use is designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity: Comment: The proposed Domestic Pet Service would be located within an existing structure. Other than window replacement, no additional exterior changes are proposed at this time. D. The proposed Conditional Use is not hazardous or disturbing to existing neighboring uses: Comment: None of the functions of the Domestic Pet Service are anticipated to be hazardous or disturbing to the surrounding neighborhood. E. The proposed Conditional Use is to be served adequately by essential public facilities and services, such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools; or, agencies responsible for establishing the Conditional Use shall provide adequately any such services: Comment: After reviewing the petitioner's plans, the proposed Conditional Use would be served adequately by essential public facilities and it would not overburden existing public services. F. The proposed Conditional Use does not create excessive additional requirements at public expense for public facilities and services and will not be detrimental to the economic well-being of the entire comm unity: Comment: The proposed Conditional Use would appear to have adequate public facilities; it would not create a burden on public facilities nor would it be a detriment to the economic well being of the community. Case #13 -067 -CU 650 Graceland/1351 Webford Case #13 -070 -CU 410 Northwest Highway Case #13 -069 -CU 1255 Lee Street January 14, 2014 Page 5 G. The proposed Conditional Use does not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke fumes, glare or odors: Comment: Based on the information submitted the proposed Domestic Pet Service is not anticipated to create an amount of additional traffic and parking which cannot be accommodated by the existing street network. H. The proposed Conditional Use provides vehicular access to the property designed so that it does not create an interference with traffic on surrounding public thoroughfares: Comment: The proposed project would utilize existing access to parking from Graceland Avenue. Based on the information provided, staff does not find any evidence for significant interference with traffic patterns. I. The proposed Conditional Use does not result in the destruction, loss, or damage of natural, scenic, or historic features of major importance: Comment: The proposed plan would not add impervious surface, nor cause the destruction, loss, or damage of any natural, scenic or historic features of major importance. J. The proposed Conditional Use complies with all additional regulations in the Zoning Ordinance specific to the Conditional Use requested: Comment: Domestic Pet Services are subject to the following specific criteria under section 7.3-6-C-1 of the Zoning Ordinance: b. Outdoor kennels are not allowed. c. Outdoor runs are allowed. The petitioner has not indicated that there will be any outdoor operations. As proposed, the Domestic Pet Service appears to conform to all other zoning regulations. Recommendation: The Community Development Department recommends approval of the Conditional Use Permit request for the establishment of a Domestic Pet Service, based on review of the information presented by the applicant and the findings made above, as specified in Section 3.4-5 (Standards for Conditional Uses) of the City of Des Plaines Zoning Ordinance. Zoning Board of Appeals Procedure: Under Section 3.4-4-C of the Zoning Ordinance (Conditional Uses) the Zoning Board of Appeals has the authority to recommend that the City Council approve, approve subject to conditions, or deny the above-mentioned Conditional Use Permit for a Domestic Pet Service the C-3 zoning district. The City Council has the final authority on the project. Chairman Seegers asked the Board if there were any further questions. Chairman Seegers asked if anyone in the audience was in favor of this application. One person raised a hand. Chairman Seegers asked if anyone in the audience was against this application. There were none. Case #13 -067 -CU 650 Graceland/1351 Webford Case #13 -070 -CU 410 Northwest Highway Case #13 -069 -CU 1255 Lee Street January 14, 2014 Page 6 A motion was made by Board Member Hotherr, seconded by Board Member Szabo, to recommend that the City Council approve this Conditional Use. AYES: Hofherr, Szabo, Saletnik , Schell, Porada, Seegers NAYES: None * * *MOTION CARRIED UNANIMOUSLY* * * 2. Address: 410 Northwest Highway Case Number 13 -070 -CU The petitioner is requesting a Conditional Use Perm it under Section 7.3-6-C of the 1998 Des Plaines Zoning Ordinance, as amended, to expand an existing Auto repair establishment in the C-3 Zoning District. PINs: 09-07-417-001-0000, 09-07-417-002-0000, 09-07-417-003-0000, 09-07-417-026-0000, 09-07-417- 027-0000 Petitioner: Matthew Merkel, True Tech Automotive, 410 Northwest Highway, Des Plaines, IL 60016 Owner: George Zervos, 410 Northwest Highway, Des Plaines, IL 60016 Chairman Seegers swore in Petitioner Matthew Merkel, 410 Northwest Highway, Des Plaines, IL, 60016, Owner George Zervos, 410 Northwest Highway, Des Plaines, IL 60016 and Architect Thomas Budzik, 211 Maple Lane, Prospect Heights, IL 60070. Mr. Budzik explained the request is for a 1,500 square foot addition to the existing building. The addition would allow for three additional service bays. Mr. Merkel will add some landscaping and include parking lot renovations. The purpose of the addition is the turn over cars at a quicker pace. This would allow for fewer cars on the exterior of the building and parking in the lot. All parties agreeable of the Staff report with the exception of a few conditions. Mr. Zervos would propose not to close the curb -cut; he would like to keep that open for future developments that could occur on the property. The Petitioner would like to amend the Saturday hours to 8 A.M — 4 P.M. Lastly, there are existing light poles on the property and would like to keep the existing, but, would modify to please Staff. Chairman Seegers asked: • Would the business stay open during the renovation. Mr. Budzik responded the necessary provisions would be taken to keep the business open during construction. Board Member Hofherr asked Petitioner: • With regards to the exterior of the building, when the addition is constructed, will the front and side be updated. Mr. Budzik responded absolutely, that is part of the project. Board Member Porada asked the Petitioner: Case #13 -067 -CU 650 Graceland/1351 Webford Case #13 -070 -CU 410 Northwest Highway Case #13 -069 -CU 1255 Lee Street January 14, 2014 Page 7 • On the East side of the building there was a canopy, is someone else using the property. Mr. Merkel responded that canopy was removed, and Mr. Zervos was allowing another business to use outside storage, however, True Tech Automotive is now taking over that property. • What is the East wall setback, and how much is the addition recessed from the South wall of the existing structure. Mr. Budzik responded the East wall setback is 5 feet, and the addition is recessed from the South wall by 2 feet. • From the Site Plan is looks as though landscaping or grass will be installed East of the existing building and North of the addition. Mr. Budzik stated that area is paved. The Petitioner does not have any intentions of storing anything on that area. • Where is the tire storage and dumpster location. Mr. Merkel responded there is a patio on the Northwest corner which is proposed to be closed off. Do not like to keep too many tires on the premises. The dumpster is located to the South and it is not a large dumpster, it doesn't take up a lot of space. Board Member Porada stated the placement of the dumpster could be in a better area, maybe to the East of the existing structure and North of the proposed addition. • Questioned Staff why they are not showing a screening for the dumpster. Mr. Mangum explained the revised Site Plan should show dumpster screening. • What type of auto repairs occur onsite. Mr. Merkel explained they do general repairs; the addition would help because all work could be done inside the property. Currently, have three bays and by adding additional three bays work would get done much quicker. • Any occasions that a customer cannot pay for repairs and offer to sell the car. The owner Mr. Zervos responded he does have a license to sell vehicles on the property. The business license gets renewed every year and has been there 10-12 years. • The Engineering Department is requesting the curb cut be closed. Mr. Budzik responded the IDOT permitting process is lengthy. Do not feel that it should be a requirement based on the request for an addition. If there is any future development on the site it should be done at that time. If it affects the drainage of the property it could be quite expensive. Mr. Mangum explained it is a State roadway and it is best practice of transportation to reduce curb cuts. Board Member Saletnik stated that he remembered the prior case, however, uses may change and do need to check if that license is still valid. There should be a record of the case from years past. • Board Member Szabo questioned the Architect: Suggested the location of the dumpster to be South of the existing building and use a block enclosure which would match the building. What type of block is proposed. Mr. Budzik proposed split face block with veneer to exposed spaces. The existing building will be painted to match the rest of the building. Chairman Seegers asked the Board if there were any further questions. There were none. Chairman Seegers asked Mr. Mangum to summarize the staff report. Issue: The petitioner is requesting a Conditional Use Permit under Section 7.3-6-C of the 1998 Des Plaines Zoning Ordinance, as amended, to expand an existing Auto Service Repair establishment in the C-3 Zoning District. Case #13 -067 -CU 650 Graceland/1351 Webford Case #13 -070 -CU 410 Northwest Highway Case #13 -069 -CU 1255 Lee Street January 14, 2014 Page 8 AnalysislProposed Use: Auto Service Repair Petitioner Matthew Merkel, True Tech Automotive, 410 Northwest Highway, Des Plaines, IL 60016 Owner George Zervos, 410 Northwest Highway, Des Plaines, IL 60016 PINs 09-07-417-001-0000, 09-07-417-002-0000, 09-07-417-003-0000, 09-07-417- 026-0000,09-07-417-027-0000 Plan of Operation Hours of operation would be from 8:00 a.m. to 6:00 p.m. on weekdays and Saturday from 8:00 a.m. to 2:00 p.m. Four employees would be at the location. Existing Use Auto Service Repair Surrounding Land Use North: Single -Family Residential East: Commercial Office South: Cumberland Metra Station/Light Manufacturing West: Commercial Office Existing Zoning C-3, General Commercial Surrounding Zoning North: R-1, Single Family Residential East: C-3, General Commercial South: M-1, Limited Manufacturing West: C-3, General Commercial Street Classification Northwest Highway and State Street are arterial roads according to the City's Comprehensive Plan. Cornell Avenue is a local street. Comprehensive Plan The Comprehensive Plan recommends Low -Density Mixed -Use for this area. The applicant, Matthew Merkel of True Tech Automotive, has requested a Conditional Use Permit to expand an Auto Service Repair use at 410 Northwest Highway. The applicant currently operates an Auto Service Repair facility at this location, which is a conditional use within the C-3 Zoning District. The approximately 19,000 square -foot triangularly shaped lot at the northeast corner of Northwest Highway, State Street, and Cornell Avenue contains an approximately 2,169 square -foot concrete block auto service repair shop with three repair bays. The site is currently accessed by two curb cuts off of Northwest Highway and one from Cornell Avenue. The applicant has proposed to expand the use by constructing a 1,502 square foot addition to the east of the existing building that would contain three additional service bays which would be accessed from a new overhead door on the south elevation of the addition. The proposed location of the addition complies with setback requirements. The applicant has proposed site improvements by adding perimeter landscaping areas with shrubs, trees, and a 3 -foot high ornamental wrought -iron style fence around the Northwest Highway (7 -feet in width) and State Street (4.8 -feet in width) frontages. To lessen the impact on the residences to the north of the facility conditions of approval are recommended to limit the hours of operation, location of repair activities, and Case #13 -067 -CU 650 Graceland/1351 Webford Case #13 -070 -CU 410 Northwest Highway Case #13 -069 -CU 1255 Lee Street January 14, 2014 Page 9 lighting. Staff is also recommending closing the westernmost curb cut on Northwest Highway to improve site aesthetics, traffic circulation, and the pedestrian environment. The proposed plan of operation includes typical hours of operation from 8:00 a.m. to 6:00 p.m. on weekdays and Saturday from 8:00 a.m. to 2:00 p.m. Four employees would be at the location. The applicant requested a waiver of the traffic study requirement. The traffic study waiver request was reviewed by the Engineering Division and granted with the following comments: 1. A review of the current and past aerials (typically taken on a spring weekend) shows that the parking lot is historically well -used (2012 — 21 cars; 2011 — 18; 2009 — 16; 2006 — 22). The proposed addition can be expected to marginally increase demand for parking on the site. If the aerials are representative, then there may be a slight shortage of parking at times. However, there is opportunity for some short-term overflow parking for customers along State Street if needed. Since this on -street parking is currently lightly used, it is not fronting on residential homes, and the traffic volumes along State Street are low, it will not create an adverse impact. Note that there is a PACE bus stop on State Street adjacent the business. The bus stop should not be blocked with cars. 2. The preference would be for the western driveway onto NW Highway be permanently closed rather than just temporarily closed with wheel stops. It is a transportation/safety best practice to minimize the number of curb cuts by consolidating driveways in order to reduce conflict points. In addition, driveways are typically best located away from an intersection. As pointed out in the applicant letter, the western driveway is not currently in use and the two remaining driveways provide sufficient access to and from the business. Permanently closing this driveway could also allow the introduction of some additional parking spaces. 3. The proposed landscaping is a welcome addition to the site, not only aesthetically, but functionally since it will provide a buffer between the sidewalk and the parking lot. Conditional Use Findings: As required by Section 3.4-5 (Standards for Conditional Uses) of the Zoning Ordinance, the proposed development is reviewed below: A. The proposed Conditional Use is in fact a Conditional Use established within the specific Zoning district involved: Commend Auto Service Repair is a Conditional Use in C-3, General Commercial Zoning District, as specified in Section 7.3-6.0 of the 1998 City of Des Plaines Zoning Ordinance, as amended. B. The proposed Conditional Use is in accordance with the objectives of the City's Comprehensive Plan: Comment: The 2007 Comprehensive Plan recommends Low -Density Mixed -Use for this area. The site is also located within the Cumberland Transit Oriented Development study area. The Cumberland TOD plan looked at the potential new retail development at this location. Transit agencies have also commented that auto repair can be a complimentary use near commuter rail. C. The proposed Conditional Use is designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity: Case #13 -067 -CU 650 Graceland/1351 Webford Case #13 -070 -CU 410 Northwest Highway Case #13 -069 -CU 1255 Lee Street January 14, 2014 Page 10 Comment: The proposed Auto Service Repair operation fronts on Northwest Highway and State Street, arterial roads, but is located across the street from a the Cumberland Metra Station which attracts pedestrian traffic from the residential neighborhood to the north. A 1,502 square foot addition is proposed to the rear of the building. The proposed design appears to be harmonious with the surrounding area. Conditions of Approval incorporate landscaping and operational requirements to lessen the impact of operations. D. The proposed Conditional Use is not hazardous or disturbing to existing neighboring uses: Comment: With proposed conditions of approval relating to landscaping, noise, lighting, and hours of operation, none of the functions of the Auto Service Repair operation are anticipated to be hazardous or disturbing to the surrounding neighborhood. E. The proposed Conditional Use is to be served adequately by essential public facilities and services, such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools; or, agencies responsible for establishing the Conditional Use shall provide adequately any such services: Comment: After reviewing the petitioner's plans, the proposed Conditional Use would be served adequately by essential public facilities and it would not overburden existing public services. F. The proposed Conditional Use does not create excessive additional requirements at public expense for public facilities and services and will not be detrimental to the economic well-being of the entire comm unity: Comment: The proposed Conditional Use would appear to have adequate public facilities; it would not create a burden on public facilities nor would it be a detriment to the economic well-being of the community. G. The proposed Conditional Use does not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke fumes, glare or odors: Comment: With proposed Conditions of Approval, the proposed Auto Service Repair operation is not anticipated to create additional traffic, noise, or odors that could be detrimental to surrounding land uses. H. The proposed Conditional Use provides vehicular access to the property designed so that it does not create an interference with traffic on surrounding public thoroughfares: Comment: The proposed project would utilize the two existing curb cuts on Northwest Highway and the existing curb but on State Street for access. However, staff has recommended that the westernmost curb cut on Northwest Highway is closed as part of the project. Based on information provided, staff does not find any evidence for potential interference with traffic patterns. I. The proposed Conditional Use does not result in the destruction, loss, or damage of natural, scenic, or historic features of major importance: Comment: A 1,502 square foot addition is proposed to the rear of the building. The proposed design appears to be harmonious with the surrounding area. The proposed plan would remove impervious surface, Case #13 -067 -CU 650 Graceland/1351 Webford Case #13 -070 -CU 410 Northwest Highway Case #13 -069 -CU 1255 Lee Street January 14, 2014 Page 11 and it would not cause the destruction, loss, or damage of any natural, scenic or historic features of major importance. J. The proposed Conditional Use complies with all additional regulations in the Zoning Ordinance specific to the Conditional Use requested: Comment: It appears that the proposed conditional use complies with all additional regulations within the Zoning Ordinance. Recommendation: The Community Development Department recommends approval of the Conditional Use Permit and variation requests for the expansion of an Auto Service Repair operation, based on review of the information presented by the applicant and the findings made above, as specified in Section 3.4-5 (Standards for Conditional Uses) of the City of Des Plaines Zoning Ordinance, subject to conditions of approval: 1. Prior to issuance of the Conditional Use Permit, the applicant submit revised Site and Landscape Plans including closure of the westernmost curb cut on Northwest Highway and extension of perimeter landscaped area to the satisfaction of the Director of Community and Economic Development. 2. Prior to issuance of the Conditional Use Permit, the applicant shall complete site improvements as indicated on the Site and Landscape Plans. 3. Hours of operation shall be limited to: Monday -Friday: 8:00 a.m. to 6:00 p.m. and Saturday 8:00 a.m. to 2:00 p.m. 4. All repair of vehicles shall occur inside the building. 5. Prior to the issuance of the Conditional Use Permit, the applicant shall submit a photometric plan that limits the maximum amount of horizontal foot-candles to not more than 0.1 foot-candles at the single-family residential property line and limits the maximum amount of horizontal foot-candles on commercial properties to not more than 2.0 foot-candles at the commercial property line. 6. All landscaping materials shall be maintained in good condition so as to present a healthy and orderly appearance, and plant material not in this condition shall be replaced when necessary and shall be kept free of refuse and debris. 7. All parking areas shall be surfaced and striped to meet all applicable Building Code hard surface requirements. Zoning Board of Appeals Procedure: Under Section 3.4-4-C of the Zoning Ordinance (Conditional Uses) the Zoning Board of Appeals has the authority to recommend that the City Council approve, approve subject to conditions, or deny the above-mentioned Conditional Use Permit for the expansion of an Auto Service Repair operation in the C-3 zoning district. The City Council has the final authority on the project. Chairman Seegers asked the Board if there were any further questions. Chairman Seegers asked if anyone in the audience was in favor of this application. Three people in the audience raised a hand. Chairman Seegers asked if anyone in the audience was against this application. Ms. Melinda Asher with the scientific building to the East questioned the addition and if they took into consideration the natural gas line. Mr. Budzik responded they are staying away from the natural gas line and were aware of it. A motion was made by Board Member Szabo, seconded by Board Member Saletnik, to recommend that the City Council approve this Conditional Use with Conditions. The following Conditions were included in the Motion: Case #13 -067 -CU 650 Graceland/1351 Webford Case #13 -070 -CU 410 Northwest Highway Case #13 -069 -CU 1255 Lee Street January 14, 2014 Page 12 1. Prior to issuance of the Conditional Use Permit, the applicant submit revised Site and Landscape Plans including a temporary closure of the westernmost curb cut on Northwest Highway and extension of perimeter landscaped area to the satisfaction of the Director of Community and Economic Development. 2. Prior to issuance of the Conditional Use Permit, the applicant shall complete site improvements as indicated on the Site and Landscape Plans. 3. Hours of operation shall be limited to: Monday -Friday: 8:00 a.m. to 6:00 p.m. and Saturday 8:00 a.m. to 4:00 p.m. 4. All repair of vehicles shall occur inside the building. 5. Prior to the issuance of the Conditional Use Permit, the applicant shall submit a photometric plan that limits the maximum amount of horizontal foot-candles to not more than 0.1 foot-candles at the single- family residential property line and limits the maximum amount of horizontal foot-candles on commercial properties to not more than 2.0 foot-candles at the commercial property line. 6. All landscaping materials shall be maintained in good condition so as to present a healthy and orderly appearance, and plant material not in this condition shall be replaced when necessary and shall be kept free of refuse and debris. Will work with City Staff to place trash enclosure in a suitable location. 7. All parking areas shall be surfaced and striped to meet all applicable Building Code hard surface requirements. AYES: Hofherr, Szabo, Saletnik, Seegers NAYES: Porada, Schell ***MOTION CARRIED*** 3. Address: 1255 Lee Street Case Number 13 -069 -CU The petitioner is requesting a Conditional Use Permit under Section 7.3-6-C of the 1998 Des Plaines Zoning Ordinance, as amended, to operate a Motor Vehicle Sales establishment in the C-3 Zoning District. PIN: 09-20-400-012-0000 Petitioner: Auto Superstore, Inc., 70 Oak Drive #125, Buffalo Grove, IL 60089 Owner: North Shore Community Bank and Trust, Successor in merger to Diamond Bank, 2241 Lawrence Avenue, Chicago, IL 60625 Chairman Seegers swore in Petitioner Alex Lashiker, 70 Oak Drive #125, Buffalo Grove, IL 60089 and Barry Collins Attorney representing Auto Superstore, 733 Lee Street #210, Des Plaines, IL 60016. Mr. Collins summarized the application regarding the operation of a motor vehicle repair and auto sales shop. In 2007, this property was approved by the Zoning Board of Appeals and City Council as a retail and car sales facility. This property hasn't been in operation for over a year. The property is approximately one acre and no residential properties are immediately affected by this type of business. Mr. Lashiker is willing to accommodate Staff recommendations and would like to beautify the property. Chairman Seegers asked Petitioner: Case #13 -067 -CU 650 Graceland/1351 Webford Case #13 -070 -CU 410 Northwest Highway Case #13 -069 -CU 1255 Lee Street January 14, 2014 Page 13 • How many vehicles intended for sale on the property. Mr. Collins responded that there are approximately 96 parking spaces on the property. Approximately 10-12 cars will be parking in the front facing Lee Street and 70-80 will be parked in the rear of the property. • Where is parking for buyers and employees. Mr. Collins responded clients will park on the Southside of the property and along the building facing West. Employees will park back against the fence to the East. Board Member Saletnik asked: • What type of vehicles will be sold, and what is the percentage of repairs on premise. Mr. Lashiker responded he has operated a similar dealership for five years. They will sell newer cars that they purchase at dealer auctions, models no later than seven years old. The service performed on site is more routine maintenance to get cars ready to sell. Any body work or major repairs will go to professional body shop in Des Plaines. Board Member Szabo questioned Petitioner: • Will there be a show room now, or in the future. Mr. Lashiker responded that there will not be a show room, only office space. Mr. Lashiker doesn't foresee a show room in the future. The space is designed for offices, and do not plan to expand. Chairman Seegers asked the Board if there were any further questions. There were none. Chairman Seegers asked Mr. Mangum to summarize the staff report. Issue: The petitioner is requesting a Conditional Use Permit under Section 7.3-6-C of the 1998 Des Plaines Zoning Ordinance, as amended, to operate a Motor Vehicle Sales establishment in the C-3 Zoning District. Analysis/Proposed Use: Motor Vehicle Sales, in addition to accessory Auto Service Repair and Auto Body Repair Petitioner: Auto Superstore, Inc., 70 Oak Drive #125, Buffalo Grove, IL 60089 Owner: North Shore Community Bank and Trust, Successor in merger to Diamond Bank, 2241 Lawrence Avenue, Chicago, IL 60625 PIN: 09-20-400-012-0000 Plan of Operation: Operate a motor vehicles sales business with approximately 10-18 employees per shift Monday -Friday: 9:00 am to 9:00 pm, Saturday 9:00 a.m. to 6:00 p.m. Existing Use: Vacant — Previously Motor Vehicle Sales and Auto Service Repair Surrounding Land Use: North: Commercial (Hotel) East: Canadian National Railroad/Single-Family Residential South: Commercial (Restaurant) West: Commercial (Restaurants) Case #13 -067 -CU 650 Graceland/1351 Webford Case #13 -070 -CU 410 Northwest Highway Case #13 -069 -CU 1255 Lee Street January 14, 2014 Page 14 Existing Zoning: Surrounding Zoning: Street Classification: Comprehensive Plan: C-3, General Commercial North: C-3, General Commercial East: R-1, Single Family Residential South: C-3, General Commercial West: C-3, General Commercial Lee Street is an arterial street according to the 2007 Comprehensive Plan and is under the jurisdiction of the Illinois Department of Transportation. The Plan recommends a Community Commercial use for this site. The petitioner, Alex Lashiker of Auto Superstore, Inc., has applied for a Conditional Use Permit for motor vehicles sales and accessory auto repair, which falls under the zoning definition of motor vehicle sales. A Conditional Use Permit for a motor vehicle sales operation at 1255 Lee Street was approved by the City Council in 2007 (Z-28-07). A new Conditional Use Permit is required because the use has been abandoned for more than one year. The 42,780 square foot (0.982 acres) site has approximately 89 -feet of frontage and is located on the east side of Lee Street, approximately 275 -feet south of the intersection of Algonquin Road and Lee Street. The site is accessed by one curb cut off of Lee Street (US 12/45) and improved with a one-story masonry building and parking areas. The business would operate six days per week with an anticipated maximum of 10-18 employees. In addition to auto sales of pre -owned vehicles, the operator would provide auto repair of vehicles owned by the dealership and warranty repairs from customers. The applicant has proposed site improvements including paving the rear of the site and adding a 7 -foot wide landscaping area with shrubs and a 3 -foot high ornamental wrought -iron style fence along the Lee Street frontage. The zoning and current land use to the east of the subject property is single-family residential. An existing 6 -foot high privacy fence and railroad right of way separate the land uses, however, the fence is in need of replacement or repair. Conditions of approval are recommended to address the condition of the fence, limit hours of operation, location of repair activities, and lighting levels. The petitioner has requested a waiver of the traffic study. Based on the similarity of proposed operations to the previous use at this site, the traffic study waiver request was reviewed by the Engineering Division and granted with the following comments: 1. The landscaping along the Lee Street frontage should be maintained at a height of no more than 2' above the adjacent sidewalk height, in order to maintain sight lines for vehicles exiting the parking lot. 2. The existing sidewalk in this area is substandard at only 5' wide. When adjacent to curb, particularly along a busy arterial like Lee Street, sidewalk should be at least 7' wide. 3. Per modern best practice, a pedestrian access point is recommended. It seems that the driveway and the south side parking could be shifted north 5' feet in order to accommodate a designated pedestrian access path to the building entrance. By the nature of the business (and by the nature of any parking lot) individuals will be walking around the parking lot. However, the designated pedestrian access allows pedestrians to steer clear of the business driveway where there is the greatest potential for conflict. Case #13 -067 -CU 650 Graceland/1351 Webford Case #13 -070 -CU 410 Northwest Highway Case #13 -069 -CU 1255 Lee Street January 14, 2014 Page 15 Conditional Use Findings: As required by Section 3.4-5 (Standards for Conditional Uses) of the Zoning Ordinance, the proposed development is reviewed below: A. The proposed conditional use is in fact a conditional use established within the specific Zoning district involved: Commend Motor Vehicles Sales is a conditional use in C-3, General Commercial Zoning District, as specified in Section 7.3 of the 1998 City of Des Plaines Zoning Ordinance, as amended. B. The proposed conditional use is in accordance with the objectives of the City's Comprehensive Plan; Comment: The 2007 Comprehensive Plan recommends a Community Commercial use for this site. C. The proposed conditional use is designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity; Comment: The proposed Motor Vehicle Sales operation fronts on Lee Street, an arterial road that currently has an auto -oriented character. Conditions of Approval incorporate landscaping and operational requirements to lessen the impact of operations. D. The proposed conditional use is not hazardous or disturbing to existing neighboring uses; Comment: With proposed conditions of approval relating to landscaping, lighting, and hours of operation, none of the functions of the Motor Vehicle Sales operation are anticipated to be hazardous or disturbing to the surrounding neighborhood. E. The proposed conditional use is to be served adequately by essential public facilities and services, such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools; or, agencies responsible for establishing the conditional use shall provide adequately any such services; Comment: After reviewing the petitioner's plans, the proposed conditional use would be served adequately by essential public facilities and would not overburden existing public services. F. The proposed conditional use does not create excessive additional requirements at public expense for public facilities and services and will not be detrimental to the economic well-being of the entire community; Comment: The proposed conditional use would appear to have adequate public facilities; it would not create a burden on public facilities nor would it be a detriment to the economic well-being of the community. G. The proposed conditional use does not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke fumes, glare or odors; Case #13 -067 -CU 650 Graceland/1351 Webford Case #13 -070 -CU 410 Northwest Highway Case #13 -069 -CU 1255 Lee Street January 14, 2014 Page 16 Comment: With proposed Conditions of Approval, the proposed Motor Vehicle Sales operation is not anticipated to create additional traffic, noise, or odors that could be detrimental to surrounding land uses. H. The proposed conditional use provides vehicular access to the property designed so that it does not create an interference with traffic on surrounding public thoroughfares; Comment: The proposed project is not anticipated to generate a significant increase in traffic from the levels experienced by the previous operator, and thus will not negatively affect current traffic conditions. I. The proposed conditional use does not result in the destruction, loss, or damage of natural, scenic, or historic features of major importance; Comment: The proposed Motor Vehicle Sales operation would be located within an existing commercial building. The proposed plan would not cause the destruction, loss, or damage of any natural, scenic or historic features of major importance. J. The proposed conditional use complies with all additional regulations in the Zoning Ordinance specific to the conditional use requested; Comment: It appears that the proposed conditional use complies with all additional regulations within the Zoning Ordinance. Recommendation: The Community Development Department recommends approval of the conditional use permit request for a Motor Vehicle Sales operation, based on review of the information presented by the applicant and the findings made above, as specified in Section 3.4-5 (Standards for Conditional Uses) of the City of Des Plaines Zoning Ordinance, subject to the following Conditions of Approval: 1. Prior to issuance of the Conditional Use Permit, the applicant shall submit revised Site and Landscape Plans including shifting the driveway 5 -feet to the north and incorporating a pedestrian walkway from the public sidewalk to the building at the south edge of the site, widening the perimeter landscape area along Lee Street to a minimum of 9 -feet, planting of two, 2.5 -inch caliper shade trees within the front perimeter landscape area and construction/repair of a 6 - foot high wood fence around the perimeter of the site from the front building line of hotel on the adjacent property to the north to the rear building line of the building on the subject property to the satisfaction of the Director of Community and Economic Development. 2. Prior to issuance of the Conditional Use Permit, the applicant shall complete site improvements as indicated on the revised Site and Landscape Plans. 3. All landscaping materials shall be maintained in good condition so as to present a healthy and orderly appearance, and plant material not in this condition shall be replaced when necessary and shall be kept free of refuse and debris. The landscaping along the Lee Street frontage should be maintained at a height of no Case #13 -067 -CU 650 Graceland/1351 Webford Case #13 -070 -CU 410 Northwest Highway Case #13 -069 -CU 1255 Lee Street January 14, 2014 Page 17 more than 2' above the adjacent sidewalk height, in order to maintain sight lines for vehicles exiting the parking lot. 4. Hours of operation are limited to: Monday -Friday: 9:00 a.m. to 9:00 p.m., Saturday 9:00 a.m. to 6:00 p.m. 5. All repair of vehicles shall occur inside the building. 6. All parking areas shall be surfaced and striped to meet all applicable Building Code hard surface requirements. 7. Prior to the issuance of the Conditional Use Permit, the applicant shall submit a photometric plan that limits the maximum amount of horizontal foot-candles on residential properties to not more than 0.1 foot-candles at the single-family residential property line and limits the maximum amount of horizontal foot- candles on commercial properties to not more than 2.0 foot-candles at the commercial property line. 8. No long-term parking or storage of commercial vehicles shall be allowed. Zoning Board of Appeals Procedure: Under Section 3.4-4-C of the Zoning Ordinance (Conditional Uses) the Zoning Board of Appeals has the authority to recommend that the City Council approve, approve subject to conditions, or disapprove the above-mentioned conditional use permit for a Motor Vehicle Sales operation in the C-3 zoning district. The City Council has the final authority on the project. Chairman Seegers asked the Board if there were any further questions. Chairman Seegers asked if anyone in the audience was in favor of this application. Chairman Seegers asked if anyone in the audience was against this application. Mr. Ron Whintich 1286 Lee Street, Des Plaines, IL 60018, questioned the Petitioner if he was going to expand into the vacant lot next to the Restaurant. Mr. Lashiker responded not at this time. A motion was made by Board Member Saletnik, seconded by Board Member Hofherr, to recommend that the City Council approve this Conditional Use with Conditions. AYES: Porada, Hofherr, Saletnik, Schell, Szabo, Seegers NAYES: None ***MOTION CARRIED UNANMIOUSLY* * * OLD BUSINESS There was no Old Business. The meeting was adjourned at 9:16 p.m. by unanimous voice vote. Sincerely, Lauren Griffin Community & Economic Development Case #13 -067 -CU 650 Graceland/1351 Webford Case #13 -070 -CU 410 Northwest Highway Case #13 -069 -CU 1255 Lee Street January 14, 2014 Page 18 cc: City Officials, Aldermen, Zoning Board of Appeals, Petitioners