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07/10/2018Case #18-052-CU 1523 E. Oakton – Conditional Use Permit Case #18-056-SUB-PUD 150 N. East River Road – Amendments to a Planned Unit Development & Final Plat of Subdivision July 10, 2018 Page 1 DES PLAINES PLANNING AND ZONING BOARD MEETING JULY 10, 2018 MINUTES The Des Plaines Planning and Zoning Board Meeting held its regularly-scheduled meeting on Tuesday, July 10, 2018, at 7 p.m. in Room 102 of the Des Plaines Civic Center. ZONING BOARD Chairman Szabo called the meeting to order at 7:03 p.m. and read this evening’s cases. APPROVAL OF MINUTES A motion was made by Board Member Hofherr, seconded by Board Member Bader, to approve the minutes of June 26, 2018, as presented. AYES: Hofherr, Bader, Catalano, Szabo NAYES: None ***MOTION CARRIED UNANIMOUSLY*** Chairman Szabo advised Board Member Schell would be joining the meeting via speakerphone. A motion was made by Board Member Hofherr, seconded by Board Member Catalano, to allow Board Member Schell to join the meeting remotely. AYES: Hofherr, Catalano, Bader, Szabo NAYES: None ***MOTION CARRIED UNANIMOUSLY*** Roll call was conducted. Board Member Schell joined the meeting remotely. PRESENT: Bader, Catalano, Hofherr, Saletnik, Schell (remotely), Szabo ABSENT: Fowler ALSO PRESENT: Johanna Bye, AICP, Senior Planner/Community & Economic Development Gale Cerabona/Recording Secretary Case #18-052-CU 1523 E. Oakton – Conditional Use Permit Case #18-056-SUB-PUD 150 N. East River Road – Amendments to a Planned Unit Development & Final Plat of Subdivision July 10, 2018 Page 2 PUBLIC COMMENT There was no Public Comment. PUBLIC HEARING NEW BUSINESS 1. Address: 1523 E. Oakton Street Case 18-052-CU The petitioner is requesting a Conditional Use Permit under Section 12-7-3(F)3 of the 1998 Des Plaines Zoning Ordinance, as amended, to operate a food processing establishment (a catering business) in the C-3 General Commercial District. PIN: 09-29-208-002-0000 Petitioner: Nour Eldeen Masri & Mohammad Aruri, 1264 Campbell Avenue, Des Plaines, IL 60016 Owner: Grace Golabek, 1523 E. Oakton Street, Des Plaines, IL 60018 Chairman Szabo swore in Mr. Nour Eldeen Masri, 1264 Campbell Avenue, Des Plaines, IL, & Mr. Moawya Masri. Mr. Masri advised he has been in the restaurant business for over 25 years with a specialty in catering. He has lived in Des Plaines for 22 years and has been seeking an establishment to serve Mediterranean cuisine. Board Member Catalano asked: • a Condition is to maintain the parking lease for as long as the catering business is located at the subject property. How will that happen? Senior Planner Bye stated – the City would not necessarily actively monitor this; however, if there was a parking issue or concern, we would confirm that the parking lease agreement is still in place. • with 30 days’ notice, if the parking lease agreement could be terminated. Mr. Masri stated – he knows the mechanic personally and he doesn’t mind sharing parking; an agreement and payment have been made. Board Member Catalano stated the parking lease agreement could be canceled after 1 week. Mr. Masri stated he prefers this space, and paperwork has been generated. If something happens, he advised he would obtain another space. He hopes to grow his business. • where the 3 employees will park. Mr. Masri stated – there will only be 1 car; employees can carpool Chairman Szabo swore in Grace Golabek, 1523 E. Oakton Street, Des Plaines, IL (the property owner). He then asked: Case #18-052-CU 1523 E. Oakton – Conditional Use Permit Case #18-056-SUB-PUD 150 N. East River Road – Amendments to a Planned Unit Development & Final Plat of Subdivision July 10, 2018 Page 3 • how long the previous catering business was there and if it had carry-out. Ms. Golabek advised – some likely picked up. The property is 800 ft.; it needs to be rented out. The previous catering business was there for over 20 years and left in 2015. • if there were any problems with the previous business. Ms. Golabek advised – no. Chairman Szabo asked if the Board has any questions. There were none. He asked Staff to provide the Staff Report. Senior Planner Bye asked Petitioner if customers could walk up to the window to place individual orders to-go, as if a restaurant. Mr. Masri stated the busiest time for pick-up is from 5 a.m.-1 p.m.; orders are called in 1-2 days prior. He stated that this is catering only, with orders placed in advance and no walk-up orders. Board Member Saletnik arrived at 7:21 p.m. Senior Planner Bye presented the Staff Report: Issue: The petitioner is requesting a Conditional Use Permit under Section 12-7-3(F)3 of the 1998 Des Plaines Zoning Ordinance, as amended, to operate a food processing establishment (a catering business) in the C-3 General Commercial District. Analysis: Address: 1523 E. Oakton Street Owners: Grace Golabek, 1523 E. Oakton Street, Des Plaines, IL 60018 Petitioners: Nour Eldeen Masri & Mohammad Aruri, 1264 Campbell Avenue, Des Plaines, IL 60016 Case Number: 18-052-CU Real Estate Index Number: 09-29-208-002-0000 Ward: #2, Alderman John Robinson Existing Zoning: C-3 General Commercial Existing Land Use: Commercial Surrounding Zoning: North: C-3 General Commercial South: R-1 Single-Family Residential East: C-3 General Commercial West: C-3 General Commercial Surrounding Land Use: North: Commercial South: Residential (single-family) East: Commercial West: Commercial Case #18-052-CU 1523 E. Oakton – Conditional Use Permit Case #18-056-SUB-PUD 150 N. East River Road – Amendments to a Planned Unit Development & Final Plat of Subdivision July 10, 2018 Page 4 Street Classification: Oakton Street is a collector street Comprehensive Plan: The Comprehensive Plan designates the site as Mixed Use – Low Density Project Description: The petitioners, Nour Eldeen Masri and Mohammad Aruri, are requesting a Conditional Use Permit in order to operate a catering business at 1523 E. Oakton Street. The roughly 700 square-foot tenant space is located in the front of the building facing Oakton Street and was previously occupied by a catering business that left in 2015 after more than two decades there. The proposed new catering business, Nour’s Kabab Catering, will be open from 9:00am to 10:00pm daily and will serve Middle Eastern food for pickup and delivery. There will be three employees. Staff would like clarification from the petitioners on how the pickup window will be used. As this is a catering operation, customers may not pick up individual meals from the storefront (i.e., “walk-up” customers are not permitted). Though a restaurant use is permitted in this zoning district, the expansion of the use beyond typical catering would spur the need for a parking variation (see next paragraph) and potentially public restrooms. There are no on-site parking spaces available on the subject property. As the building was previously utilized by a catering business at the time the current Zoning Ordinance was established, no parking spaces are required per Section 12-9-2(D) of the code. The petitioners do have a lease agreement for one parking space across the street at 1580 S. Cora Street (an auto repair facility; see Attachment 8). Staff will request as a condition that a parking lease agreement for a minimum of one legal parking space remain in effect as long as Nour’s Kabab Catering is operating from the subject property. Per the City’s Sanitarian, the applicants must confirm, in writing, that they have read the food service construction provisions provided to them and agree to comply with those standards. The Sanitarian has also stated that no public seating or eating is Case #18-052-CU 1523 E. Oakton – Conditional Use Permit Case #18-056-SUB-PUD 150 N. East River Road – Amendments to a Planned Unit Development & Final Plat of Subdivision July 10, 2018 Page 5 permitted on premises due to the fact that there are no ADA- approved washrooms. Conditional Use Findings: Conditional Use requests are subject to the standards set forth in Section 12-3-4(E) of the 1998 City of Des Plaines Zoning Ordinance, as amended. In reviewing these standards, staff has the following comments: A. The proposed Conditional Use is in fact a Conditional Use established within the specific Zoning district involved: Comment: A Food Processing Establishment is a Conditional Use, as specified in Section 12-7-3(K) of the 1998 City of Des Plaines Zoning Ordinance, as amended, for properties in the C-3 General Commercial District. B. The proposed Conditional Use is in accordance with the objectives of the City’s Comprehensive Plan: Comment: The proposed use of the site is Mixed Use – Low Density. These are areas containing a mix of uses within the same building, such as retail, office, entertainment and residential. These areas are intended to be developed with reduced height and density allowances to maintain compatibility with adjacent single-family residential neighborhoods. The building is currently mixed-use, as there is an occupied residential unit in the rear and the commercial space (proposed for the catering business) at the front. The mix of current and proposed uses meets the intent of the City’s Comprehensive Plan. Additionally, there are no proposed changes to the building footprint or height; the two-story structure is proposed to remain as-is. 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 building and site have already been developed. No changes are proposed for the exterior of the building; the petitioner simply seeks to operate a catering business from the existing tenant space. The existing two-story brick building fits well within not only the commercial corridor, but also the single-family residential neighborhood to the south. D. The proposed Conditional Use is not hazardous or disturbing to existing neighboring uses: Comment: The proposed catering business is not hazardous or disturbing to the neighboring uses. No changes to the building or site are proposed as part of the request. Additionally, while there are no on-site parking spaces available, the petitioners will lease one parking space from a nearby commercial property. Staff recommends that a condition of approval be that the parking lease agreement remain in effect while Nour’s Kabab Catering operates from the subject property. Case #18-052-CU 1523 E. Oakton – Conditional Use Permit Case #18-056-SUB-PUD 150 N. East River Road – Amendments to a Planned Unit Development & Final Plat of Subdivision July 10, 2018 Page 6 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: The building is adequately served by essential public facilities and services. The petitioners have been working with the City’s Sanitarian to ensure that all necessary improvements will be in place in order to operate a catering business. 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 catering business would not create a burden on public facilities nor would it be a detriment to the economic well-being of the community. There is no anticipated increase in demand for public facilities as a result of the catering business. 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: The proposed catering business is not anticipated to create additional traffic beyond that of the catering business that had previously operated from the space. Additionally, the petitioners have leased a parking space from a nearby business to ensure that there is always a parking space for at least one vehicle associated with the business, so that valuable street parking is not used. 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 catering business will not create an interference with traffic on surrounding public thoroughfares. 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 catering business would not cause the destruction, loss, or damage of any natural, scenic or historic features of major importance. The building and site have already been developed; no changes are proposed to the exterior of the building or the site. Case #18-052-CU 1523 E. Oakton – Conditional Use Permit Case #18-056-SUB-PUD 150 N. East River Road – Amendments to a Planned Unit Development & Final Plat of Subdivision July 10, 2018 Page 7 J. The proposed Conditional Use complies with all additional regulations in the Zoning Ordinance specific to the Conditional Use requested: Comment: The proposed catering business meets all other requirements of the Zoning Code. No variations or additional actions are requested beyond the Conditional Use Permit. Though there are no on-site parking spaces, none are required to be provided as the site was established prior to the current Zoning Ordinance (see Section 12-9-2(D) of the code). Recommendation: I recommend approval of the Conditional Use Permit for a catering business at 1523 E. Oakton Street, based on a review of the information presented by the findings made above, as specified in Section 12-3-4(E) (Standards for Conditional Uses) of the City of Des Plaines Zoning Ordinance, subject to the following conditions: applicant and Conditions of Approval: 1. The parking lease agreement for one (1) parking space be maintained as long as Nour’s Kabab Catering is operating from the subject property. 2. The applicants confirm in writing that they have read the food service construction provisions provided to them and agree to comply with those standards. 3. No public seating or eating is permitted on premises due to the fact that there are no ADA-approved washrooms. Planning and Zoning Board Procedure: Under Section 12-3-4(D) (Procedure for Review and Decision for Conditional Uses) of the Zoning Ordinance, the Planning and Zoning Board has the authority to recommend that the City Council approve, approve subject to conditions, or deny the Conditional Use Permit for a catering business at 1523 E. Oakton Street. The City Council has final authority on the proposal. Board Member Catalano asked if Petitioner has any concerns with Staff’s Conditions. Mr. Masri advised – no. Chairman Szabo stated the parking lease agreement should be provided to City Council. Senior Planner Bye stated a copy of the lease had been provided. Chairman Szabo asked if anyone in the audience is in favor of this proposal – 1 person raised his hand. He asked if anyone is against this proposal. No one responded. A motion was made by Board Member Catalano, seconded by Board Member Hofherr, to recommend approval to City Council with Conditions as presented by Staff. AYES: Catalano, Hofherr, Bader, Saletnik, Schell, Szabo NAYES: None Case #18-052-CU 1523 E. Oakton – Conditional Use Permit Case #18-056-SUB-PUD 150 N. East River Road – Amendments to a Planned Unit Development & Final Plat of Subdivision July 10, 2018 Page 8 ***MOTION CARRIED UNANIMOUSLY*** Chairman Szabo advised a recommendation for approval would be submitted to City Council. 2. Address: 150 N. East River Road Case 18-056-SUB-PUD The petitioner is requesting amendments to Ordinance Z-11-17 approving a Final Planned Unit Development (PUD) and a Plat of Subdivision permitting the construction of a four-story, 236-unit apartment building at 150 N. East River Road. PIN: 09-09-402-012-0000; 09-09-402-009-0000 Petitioner: Vanguard Des Plaines Apartments, LP, 135 N. Meramec Avenue, Suite 500, Clayton, MO 62105 Owner: Vanguard Des Plaines Apartments, LP, 135 N. Meramec Avenue, Suite 500, Clayton, MO 62105 Chairman Szabo swore in Josh Terpstra, P.E., Project Manager, Haeger Engineering LLC, 100 E. State Parkway, Schaumburg, IL; Brian Kennedy, Vice President & Matt Limpert, Assistant Project Manager, Covington Realty Partners, 135 N. Meramec Avenue, 5th floor, St. Louis, MO. Mr. Terpstra offered a PowerPoint presentation and stated his company is the Civil Engineer & Land Surveyor for the project. He advised a Cook County review required changes and noted the following: • entrance is moved to the north end (based on traffic study, etc.) • site plan has been updated to show the area east of the building as modified as a result of the entrance change; the building, number of units, etc. remains the same • there are now two fire pits shown on the site plan • new left and right-turn lanes were added • right-of-way strip was added on N. East River Road • storm water has updates as well • regarding Golf Road access and vacant lot to the south, it was previously noted there would be a future potential access. Now a definite access has been added, per the request of the Community and Economic Development and Public Works and Engineering Departments. IDOT has approved same. Pavement will be removed and upgraded. Cook County staff has reviewed, approved, and issued a permit for the site as proposed. Mr. Terpstra advised the developer intends the above to be completed prior to occupancy. Board Member Hofherr asked/stated: Case #18-052-CU 1523 E. Oakton – Conditional Use Permit Case #18-056-SUB-PUD 150 N. East River Road – Amendments to a Planned Unit Development & Final Plat of Subdivision July 10, 2018 Page 9 • regarding the access road onto Golf Road, there will be a westbound entrance and exit. The concern is emergency vehicles entering during rush hour. Can they access the road off of Golf? Mr. Terpstra advised – they should turn north on River Road and west on Golf Road. Road widening will occur and be sized for emergency vehicles, per IDOT (26 ft. wide per Fire Department). • On East River Road, north of the entrance, will there be traffic control (at NE corner of site)? Traffic going south on River Road is bumper-to-bumper at peak times. The entrance ramp will be blocked. Mr. Terpstra stated a stop sign is not warranted though a sign could be placed stating Do No Block Intersection. • Cook County is likely not familiar with this area. Mr. Terpstra stated – they are aware and have visited and observed the area many times. Board Member Bader stated he believes the stoplights have already been adjusted; it is much improved. Mr. Terpstra stated a signal modification plan is in place. Mr. Limpert stated the loop system has been shut- off. Mr. Terpstra stated County staff advised this is an improvement based on this entrance location. Chairman Szabo asked if the Board has any questions. He stated he has a concern about the bike path and equestrian trail and asked if there will be any signage as it is being used more and more. Mr. Terpstra stated a bridge might go in near the railroad crossing. Chairman Szabo asked Staff to provide the Staff Report that Senior Planner Bye did: Issue: The petitioner is requesting amendments to Ordinance Z-11-17 approving a Final Planned Unit Development (PUD) and a Plat of Subdivision permitting the construction of a four-story, 236-unit apartment building at 150 N. East River Road. Analysis: Planned Unit Development Amendment Report Address: 150 N. East River Road Owners: Vanguard Des Plaines Apartments, LP, 135 N. Meramec Avenue, Suite 500, Clayton, MO 62105 Petitioner: Vanguard Des Plaines Apartments, LP, 135 N. Meramec Avenue, Suite 500, Clayton, MO 62105 Case Number: 18-056-SUB-PUD Real Estate Index Numbers: 09-09-402-012-0000; 09-09-402-009-0000 Ward: #1, Alderman Mark Lysakowski Case #18-052-CU 1523 E. Oakton – Conditional Use Permit Case #18-056-SUB-PUD 150 N. East River Road – Amendments to a Planned Unit Development & Final Plat of Subdivision July 10, 2018 Page 10 Existing Zoning R-3 Townhouse Residential Existing Land Use Formerly a single-family home on the north parcel and office building on the south parcel, which have both been torn down; asphalt from the office parking lot remains Surrounding Zoning North: R-3 Townhouse Residential South: R-3 Townhouse Residential East: R-3 Townhouse Residential West: Cook County Forest Preserve Surrounding Land Use North: Townhomes South: Vacant East: Single-family residential; Tristate off-ramp West: Cook County Forest Preserve Street Classification The Comprehensive Plan designates East River Road as a collector street Comprehensive Plan High Density Mixed-Use is the recommended use of the property Project Description The petitioner and property owner, Vanguard Des Plaines Apartments, LP, proposes amendments to Ordinance Z-11-17 approving a Planned Unit Development (PUD) and Plat of Subdivision for a four-story, 236-unit apartment building at 150 N. East River Road. The PUD and Plat of Subdivision were approved by the City Council on May 1, 2017. The development was originally approved with the site entrance located in the middle of the property, directly adjacent to the I-294 off-ramp. However, as a result of requested changes from the Cook County DOT, the site entrance has been moved to the north part of the site (see Attachment 6). This constitutes a major change to the approved PUD, which requires City Council review and approval. The new access point maintains one ingress lane and two egress lanes, the same amount of lanes as previously approved. A proposed northbound left turn lane has been added within the existing striped median in the adjacent East River Road right-of- way in order to provide a dedicated turn lane for vehicles entering the site. Additionally, the Cook County DOT required Case #18-052-CU 1523 E. Oakton – Conditional Use Permit Case #18-056-SUB-PUD 150 N. East River Road – Amendments to a Planned Unit Development & Final Plat of Subdivision July 10, 2018 Page 11 that the new plan remove the western leg of the existing signalized intersection at the I-294 off-ramp. Note that overall, the major characteristics of the site and building have not been altered. The proposed building location, square footage, height, elevations, unit count, unit mix, parking garage, and the majority of landscaping all remain the same as what was previously submitted and approved. However, minor changes to the interior of the site have resulted from the change to the entrance, including: • The total number of parking spaces has been reduced from 480 to 478. While the parking garage remains the same, the surface parking has been altered as a result of the site entrance change. With 236 units, 472 parking spaces are required per code (two parking spaces per dwelling unit). Overall, the development still has more parking than required by code, even with the loss of the two surface parking spaces. • The internal drive aisle east of the building has been modified to work with the new East River Road entrance location. This includes an updated drop-off area feature at the main building entrance. • The proposed sidewalks east of the building have been modified to work with the new entrance location. This includes new crosswalks and new sidewalk connections to the proposed multi-use path running along the east property line, which has also been updated to work with the new entrance location. • The proposed grading, utilities, stormwater management, and pavement designs for areas east of the building have been updated to reflect the new site plan. • The proposed pool area has been revised to be consistent with current regulations. It should also be noted that the PUD was originally approved at a density of one dwelling unit per every 1,376 square feet of lot area (236 units on a lot of 324,514 square feet/7.44982 acres), when 2,800 square feet of lot area is required per dwelling unit in the R-3 zoning district. As a result of Cook County requiring additional right-of-way dedication, the total land area has been Case #18-052-CU 1523 E. Oakton – Conditional Use Permit Case #18-056-SUB-PUD 150 N. East River Road – Amendments to a Planned Unit Development & Final Plat of Subdivision July 10, 2018 Page 12 reduced to 323,334 square feet (7.42274 acres). As the number of units has stayed the same, an additional PUD amendment requested is a reduction to 1,370 square feet of lot area per dwelling unit. Finally, with the change in the entrance on East River Road, the Community and Economic Development and Public Works and Engineering Departments have requested a second form of ingress and egress for the site. This has been identified for Golf Road, through Lot 3, which is to be developed by others. Staff is requesting that a connecting road from Golf Road to the subject property be constructed prior to occupancy of the apartment building. This is a proposed condition of approval. Note that IDOT will require Gold Road to be widened in order to accommodate the site entrance. Final Plat Report Name of Subdivision: Covington Lexington Woods Address: 150 N. East River Road Request: Approval of a Final Plat of Subdivision Total Acreage of Subdivision: 7.42 acres Lot Descriptions and Construction Plans: The petitioner’s Final Plat of Subdivision shows the existing two lots (Lots 1 and 2) being combined into one lot (Lot 1). Additionally, the Final Plat Subdivision shows the following: • Ingress-egress easement • Public water main easements • Easement for a public multi-use path • Land dedicated to the Cook County Highway Department for public right-of-way purposes • Sanitary sewer and lift station easement • Provisions for a blanket public utility easement Final Plat Comments: 1. A cross access easement agreement between the subject property owner and the owner of Lot 3 to the south (First American), for access to Golf Road from the subject property, be recorded prior to the recording of the Final Plat of Subdivision. Case #18-052-CU 1523 E. Oakton – Conditional Use Permit Case #18-056-SUB-PUD 150 N. East River Road – Amendments to a Planned Unit Development & Final Plat of Subdivision July 10, 2018 Page 13 2. All signature blocks on the Final Plat of Subdivision must be accurate per the Des Plaines Subdivision Plat Blocks document. Staff Recommendations: I recommend approval of the amendments to Ordinance Z-11-17 approving a PUD and Plat of Subdivision at 150 N. East River Road, subject to the following conditions: Conditions of Approval: 1. The two Final Plat Comments listed above be completed and addressed. 2. The entrance off of Golf Road, Golf Road lane widening, and connecting road (with curb, gutter, and drainage) to the subject property are required to be built prior to occupancy of the apartment building. Planning and Zoning Board Procedure: The Planning and Zoning Board may vote to recommend approval, approval with modifications, or disapproval of the PUD Amendment and Final Plat of Subdivision for 150 N. East River Road. The City Council has final authority over the request. Chairman Szabo asked if anyone in the audience is for or against this proposal. No one responded. A motion was made by Board Member Catalano, seconded by Board Member Bader, to recommend approval to City Council with modifications and Conditions as presented. AYES: Catalano, Bader, Saletnik, Hofherr, Szabo NAYES: Schell ***MOTION CARRIED 5-1*** Chairman Szabo advised a recommendation for approval would be submitted to City Council. OLD BUSINESS There was no Old Business. ADJOURNMENT A motion was made by Board Member Catalano, seconded by Board Member Hofherr, to adjourn the meeting at 7:49 p.m. On a voice vote, the motion carried unanimously. Sincerely, Gale Cerabona, Recording Secretary Case #18-052-CU 1523 E. Oakton – Conditional Use Permit Case #18-056-SUB-PUD 150 N. East River Road – Amendments to a Planned Unit Development & Final Plat of Subdivision July 10, 2018 Page 14 cc: City Officials, Aldermen, Zoning Board of Appeals, Petitioners