02/10/2015Case #15 -002 -CU -V-1605 S. Des Plaines River Road
February 10, 2015
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DES PLAINES
ILLINOIS
DES PLAINES ZONING BOARD MEETING
FEBRUARY 10, 2015
MINUTES
The Des Plaines Zoning Board Meeting held its regularly schedul ed meeting on Tuesday, February 10, 2015, at
7:30 p.m. in Room 101 of the Des Plaines Civic Center.
ZONING BOARD
PRESENT Seegers, Szabo, Catalano, Sal etnik, Hofherr, Schell, Green
ALSO PRESENT Scott Mangum, Senior Planner, Department of Community & Economic Development
Gale Cerabona, Recording Secretary
Chairman Seegers called the meeting to order at 7:34 p.m. & read this evening's case.
APPROVAL OF MINUTES:
A motion was made by Board Member Hofherr, seconded by Board Member Green, to approve the meeting
minutes of January 13, 2015, as presented.
AYES: Hofherr, Green, Saletnik, Catalano, Szabo, Schell, Seegers
NAYES: None
***MOTION CARRIED UNANIMOUSLY***
NEW BUSINESS
1. Address: 1605 S. Des Plaines River Road Case Number: 15 -002 -CU -V
Petitioner is requesting a Conditional Use permit under Section 7.3-6.0 of the 1998 City of Des Plaines
Zoning Ordinance, as amended, to construct and operate a convenience mart fueling station with attached
restaurant and/or specialty food store in the C-3 Zoning District, and the following variations: (1) to Section
7.3-6.D to allow a rear yard (east) setback of 3', instead of not less than 25'; (2) to Section 11.5-1.0 to allow
a pole sign with a setback of 2', instead of not less than 5'; (3) to Section 10.9-3 to allow a Landscape Buffer
of 3' in depth, instead of not less than 5'; and (4) to Section 9.6-6 to allow a Landscaped Divider of 3' in
depth, instead of not l ess than 5 '.
PIN: 09-28-107-011-0000,09-21-314-002-0000
Petitioner: Azam Khan, represented by Michael Ryan, 9501 W. Devon Avenue, Suite 300,
Rosemont, IL 60018
Owner: Azam Khan, 1605 S. Des Plaines River Road, Des Plaines, IL 60018
Case #15 -002 -CU -V-1605 S. Des Plaines River Road
February 10, 2015
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Chairman Seegers swore in Hamza Khan, 3832 W. Chase, Lincolnwood, IL, Michael W. Ryan, Ryan and
Ryan, 9501 W. Devon Avenue, Suite 300, Rosemont, IL 60018, Timothy J. Doron, Director,
Transportation Planning, Gewalt Hamilton Associates, Inc., 53 W. Jackson Boulevard, Suite 924, Chicago,
IL 60604, and Ronald Ambrose, Owner, Ambrose Design Group, LLC, P.O. Box 1870, Crystal Lake, IL
60039-1870.
Mr. Ryan discussed the River Road Illinois Department Of Transportation/IDOT acquisition (Exhibit SP1
was shown). He noted a 1-22 ft. strip represents 13% of the site; the parkway is being increased with
landscaping around the perimeter. He advised that currently there is a fuel station and auto repair shop and
stated to redevelop the site, the auto repair shop will be removed and a sandwich or donut shop will be
added to the gas station. Mr. Ryan identified four variances:
• Pole sign (Exhibit SP2)
o Circulation exhibit was also illustrated. A setback of 2 ft. is requested (rather than 5 ft.)
• Landscape Divider
o Requesting 3 ft. (rather than 5 ft.) from property line to parking lot (on River Road
frontage)
• Rear Yard
o Requesting 3 ft. (vs. 25 ft.) with 8 ft. fence (losing rear yard due to IDOT acquisition)
• Landscape Buffer
o Requesting 3ft. (vs. 5 ft.) to residential uses
Chairman Seegers asked if the Board has any questions. There were none.
Mr. Ryan proceeded in illustrating the Site Plan.
Chairman Seegers asked:
• if the canopy lighting is proposed as downward. Mr. Ambrose advised — yes, the canopy will be
recessed (not protruding) with LED lighting
• where the lighting is. Mr. Ambrose advised — on the North and South elevations over the exit
doors; not illuminated
• if the signage is lit. Mr. Ambrose advised — yes, intemally
Board Member Green asked:
• how tall the building is on the East face. Mr. Ambrose advised —17.2 ft. to 28.4 ft.
• what the height of the existing building is. Mr. Ambrose advised — 16 ft.
Board Member Hofherr asked on rear of building, if it is paved/concreted. Mr. Ambrose advised — yes, with
a sidewalk to trash area.
Board Member Green asked:
• if there is a 3 ft. setback on the East side. Mr. Ambrose advised—yes
• if there is 2 % ft. for the walk. Mr. Ambrose advised — yes
Board Member Catalano asked if both entrances on River Road have right tums. Mr. Ambrose advised —
yes, and will be asphalted and striped.
Board Member Hofherr identified on the South drive cut, that there is a left tum that exits South on River
Road. Mr. Ryan advised — that's an earlier rendering and now removed.
Case #15 -002 -CU -V-1605 S. Des Plaines River Road
February 10, 2015
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Board Member Catalano asked Staff about Attachments on Page 27. Mr. Mangum advised — it was an
earlier exhibit used in the traffic studies and suggested the Board refer to Page 50 of 63 (Exhibit B) where a
width of 35 ft. is indicated for driveways. Mr. Mangum advised that revisions to the Site Plan were
prompted by Staff comments.
Board Member Green asked if there will be signage where right turns are made. Mr. Mangum advised —
signage restricting tum movements has not typically been beneficial, noting that striping and a median is
recommended.
Chairman Seegers asked:
• if the existing facility will be demolished with the building and islands changed to be 100% new.
Mr. Ryan advised — yes
• if the gas tanks are below. Mr. Ryan advised — yes
Board Member Szabo asked what the hours of operation are. Mr. Ryan advised:
Monday -Thursday 5 a.m.-10 p.m.
Friday -Saturday 5 a.m - 1 a.m.
Sunday 6 a.m.-10 p.m.
Chairman Seegers asked Staff to provide the summary report.
Issue: The petitioner is requesting a Conditional Use permit under Section 7.3-6.0 of the 1998 City of Des
Plaines Zoning Ordinance, as amended, to construct and operate a convenience mart fueling station with
attached restaurant and/or specialty food store in the C-3 Zoning District, and the following variations: (1) to
Section 7.3-6.D to allow a rear yard (east) setback of 3', instead of not less than 25'; (2) to Section 11.5-1.0
to allow a pole sign with a setback of 2', instead of not less than 5'; (3) to Section 10.9-3 to allow a Landscape
Buffer of 3' in depth, instead of not less than 5'; and (4) to Section 9.6-6 to allow a Landscaped Divider of
3' in depth, instead of not less than 5'.
Analysis:
Proposed Use Convenience Mart Fueling Station with attached restaurant and/or
specialty food store
Petitioner Azam Khan, represented by Michael Ryan, 9501 W. Devon Avenue,
Suite 300, Rosemont, IL 60018
Owner Azam Khan, 1605 S. Des Plaines River Road, Des Plaines, IL 60018
PIN 09-28-107-011-0000,09-21-314-002-0000
Plan of Operation
The Convenience Mart Fueling Station would typically employ 1-2
workers per shift and would operate 7 days per week with the follow
hours of operation:
Monday thru Thursday - 5:OOam to 10:OOpm
Friday and Saturday - 5:OOam to 1:OOam
Sunday - 6:OOam to 10:OOpm
ng
Case #15 -002 -CU -V-1605 S. Des Plaines River Road
February 10, 2015
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Tenants have not been identified for the remaining two spaces.
Existing Use Convenience Mart Fueling Station with auto repair
Surrounding Land Use
Existing Zoning
Surrounding Zoning
North: Commercial (Motor Vehicle Sales)
East: Multi -Family Residential
South: Commercial (Office)
West: Commercial (Fueling Station)
C-3, General Commercial
North: C-3, General Commercial
East: R-3, Townhouse Residential
South: C-3, General Commercial
West: C-3, General Commercial
Street Classification This portion of Des Plaines River Road and Oakton Street are identified
as a collector roads according to the City's Comprehensive Plan.
Comprehensive Plan The Comprehensive Plan recommends Community Commercial use for
this site.
The applicant, Azam Khan, has requested a Conditional Use Permit to construct a new Convenience Mart
Fueling Station with attached restaurant and/or specialty food store at 1605 S. Des Plaines River Road. The
23,097 square -foot parcel is located at the southeast comer of Oakton Street and Des Plaines River Road and
currently contains a 2,190 square -foot one-story frame building and two fueling canopies with a total of three
fuel dispensers. The site is currently accessed by two curb cuts off of Des Plaines River Road and one from
Oakton Street. Per Illinois Department of Transportation (IDOT) plans the size of the site was reduced by
approximately 3,440 square feet as a result of a taking as a part of the Des Plaines River Road reconstruction
project, scheduled to begin on this portion of Des Plaines River Road later this year. The applicant currently
operates a Shell Convenience Mart Fueling Station with attached auto repair shop which would be
dem olished.
The proposed 32 -foot by 122 -foot (approximately 4,004 square feet) convenience mart and restaurant
building would be oriented towards Des Plaines River Road with 18 parking spaces adjacent to the west and
north sides of the building. One fuel canopy would serve the four fuel dispensers with 8 fuelling positions.
Right -in and right -out access would be provided from two curb cuts along Des Plaines River Road and one
on Oakton Street. An eight -foot high board on board fence and landscaping are proposed along the eastern
edge of the site to provide screening from the adjacent condominium building in addition to landscaping
around the perimeter of the site.
One 20 -foot tall, 70 square -foot pole sign is proposed near the northwest comer of the site with a two -foot
setback from the new property line, instead of the minimum of 5 -feet required. Additional variations are
sought for the location of the building within the required 25 -foot rear yard (east) setback, a reduced depth
landscape buffer along the east property line, and a reduced depth landscaped divider along the north property
line and on-site vehicular driveway circulation areas. The applicant cites the reduction in the property size
through the IDOT taking as a reason for the variation requests.
A traffic study to evaluate the proposed reconstruction was prepared by Gewalt Hamilton Associates, Inc.
The City's Engineering Division has reviewed the traffic study and is in agreement with the study's
conclusions that the development traffic generated can be integrated on the adjacent roads and streets
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February 10, 2015
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because: The site is located along two well -travelled routes and can take advantage of travel patterns that will
be predominantly right tum movements; The access drives and on-site circulation have been designed so as
to minimize the traffic impacts at any one location; and The traffic generated by the gas station will be similar
to the previous gas station on the site.
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 Convenience Mart Fueling Station 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 a Community Commercial use for the 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 Convenience Mart Fueling Station is located at the intersection of Des Plaines
River Road and Oakton Street, both collector roads that currently have an auto -oriented character in the area,
but is located in close proximity to multi -family residential to the east of the site. Landscaping and fencing
have been proposed to lessen the visual impact of operations.
D. The proposed Conditional Use is not hazardous or disturbing to existing neighboring uses:
Comment: Based on the plans and traffic study submitted, none of the functions of the Convenience Mart
Fueling Station 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
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 wellbeing of the community.
The proposed Conditional Use does not involve uses, activities, processes, materials,
Case #15 -002 -CU -V-1605 S. Des Plaines River Road
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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 plans and traffic study submitted, the proposed Convenience Mart Fueling Station
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 two curb cuts on Des Plaines River Road and one on Oakton
Street for access. The Illinois Department of Transportation has jurisdiction over the adjacent section of
Oakton Street and the City now has jurisdiction of the adjacent portion of Des Plaines River Road. Based on
an evaluation of the traffic study 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 complete redevelopment of the site is proposed. However, 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: Other than the variations requested for the location of the building and pole sign and reduction in
landscape areas, 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 for the establishment of a Convenience Mart Fueling Station, approval of variation requests for the
reduction in building and pole sign setbacks, and reduction in the depth of landscape buffer and landscaped
divider, 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 occupancy, the applicant shall complete site improvements as indicated on the Site and
Landscape Plans.
2. 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.
3. All parking areas shall be surfaced and striped to meet all applicable Building Code hard surface
requirements
The proposed use is an expansion of the existing use of the site and an evaluation of the traffic study indicates
that it will not introduce any new adverse impacts upon the surrounding transportation network. Although
the depth of the site was reduced because of the takings related to the Des Plaines River Road reconstruction
Case #15 -002 -CU -V-1605 S. Des Plaines River Road
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project, much of this area will not be used for an expanded roadway and will instead provide expanded
parkway landscaping.
Zoning Board of Appeals Procedure: Under Section 3.6-6 of the Zoning Ordinance (Standard Variations)
the Zoning Board of Appeals has the authority to approve, approve subject to conditions, or disapprove the
above-mentioned variations for the setback of Convenience Mart Fueling Station building and pole sign in
the C-3 zoning district. The City Council has the final authority on the major variation (landscaped divider
and buffer) and conditional use permit requests.
Under Sections 3.4-4-C (Conditional Uses) and 3.6-7 (Major Variations) of the Zoning Ordinance 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 and Major Variances for the establishment
of a Convenience Mart Fueling Station with less than the required depth of landscape buffer and landscaped
divider in the C-3 zoning district. The City Council has the final authority on these portions of the project.
Chairman Seegers asked if the Board has any further questions. There were none. Chairman Seegers asked if
anyone in the audience is in favor or objects to the proposal. One person raised his hand in favor. Several hands
were raised objecting to the proposal. The following came forward and were swom in by Chairman Seegers:
• Iliyana Zecheva, 900 S. River Road, Apartment 3D and 1925 E. Oakton
Ms. Zecheva stated she strongly objects as her unit, facing west, will be impacted. She stated the new
building will be too close to her property line. She added that with the hours of operation, it may be
noisy, or other problems may be incurred. She noted that with an 8 ft. fence and landscaping, the view
will be impacted.
Ms. Zecheva commented that the in and out driveways will be too close to the property line.
• Ron Parks, 1645 River Road
Mr. Parks stated he is in the building South of proposed site. He noted the building now looks terrible
and commented that Ms. Zecheva's property value will increase. He stated that he is in favor as it will
aesthetically look better and will increase nearby property values.
• Ed Strabel, 1925 E. Oakton
Mr. Strabel stated many owners are against this proposal mainly because the building setback is way
too close — in reference to ambiance and view.
Mr. Strabel noted the exit onto Oakton is very close to his driveway. He suggested an alternate
location be sought for this project
Mr. Strabel advised he is also concemed about noise, animals, traffic, etc.
Mr. Strabel reported there are other (restaurant) sandwich and donut shops nearby.
Mr. Strabel concluded that the above bring safety and inconvenience issues. He stated, historically, the
property has not been kept up.
Board Member Catalano stated/asked:
• the driveway doesn't appear any closer than the current one; the two driveways on Oakton are being
combined (by IDOT). Mr. Ambrose advised — there is an existing 6 ft. wooden fence, and we are
Case #15 -002 -CU -V-1605 S. Des Plaines River Road
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being asked to add an 8 ft. fence. He stated the new fence will end before the property line. Staff
referred everyone to Exhibit A, Page 49 of 63.
• Staff if the new fence could be pulled back to the old fence. Mr. Mangum advised — yes. Mr. Ambrose
advised that they could place the new fence to end with the current one.
• the driveway and fence are of no concem because it would not be approved (if unsafe)
Board Member Saletnik stated he would like to hear the traffic engineer's comments. Mr. Doron advised
the new fence will end at the right-of-way (at curb line); if the fence is pulled back, space will be increased.
He advised the neighbor's driveway is not being changed, and reported that IDOT placed the new
driveway. He stated that traffic will be slightly increased; 65-70% of patrons will be purchasing gas. He
noted the operations of the driveway will be the same.
Board Member Hofherr stated, in the aerial views between the back of the station and West side of residential
building, there's a driveway. He advised, regarding safety and a 3 ft. setback, it would be an improvement.
Mr. Doron concurred.
Board Member Szabo asked/stated:
• Staff if there will be 2 fences 1 ft. apart. Mr. Mangum advised — yes
• the residential fence could be removed
• the space in between (fences) would gather litter
• the 8 ft. fence would suffice
Audience comments continued, and Chairman Seegers swore in:
• Fem Rodgers, 1925 E. Oakton
Ms. Rodgers advised she has lived in the condo building for 40 years. She noted, at one time, there
were 2 fences, and the Shell Station removed its fence. She advised that the condo building's property
line goes to the asphalt so where would the 8 ft. fence go (to the street)? Chairman Seegers advised —
it could not go beyond their property line. Board Member Green stated the new fence ends 8 ft. from
the neighbor's property line. Mr. Ryan stated he would work with neighbors regarding the fence. Mr.
Ambrose illustrated where both fences would be.
• Scott D. Spears, Attomey at Law, Robbins, Salomon & Patt, Ltd., 180 N. LaSalle Street, Suite 3300,
Chicago, IL 60601
Mr. Spears advised he is representing the unit owner (and condo at) 1925 E. Oakton (which faces
West). He noted his client's concerns are:
o increased lighting
o sign post (with potential LED lighting)
o hours of lighting
o restaurant's ventilation on roof will emit cooking smells
o animals in garbage area
o how the waste will be enclosed
o if there will be outside grease storage
o setback being too short
o if landscape buffer will be natural
In closing, Mr. Spears stated his client requests the proposal be denied.
• Joanna Siwinska, 1925 E. Oakton
Ms. Siwinska advised that she is representing 7 unit owners this evening. Proxy names were read. She
reported that their concems are:
Case #15 -002 -CU -V-1605 S. Des Plaines River Road
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o noise and dirt
o traffic
o ventilation noise
o 3 ft. setback
o 8 ft. wooden fence; litter would gather in between two fences
o animals getting into garbage
o lamp guards (from 1"-3d floors) aren't working
o do not want to lose the backyard area
o views will be obstructed
In closing, Ms. Siwinska stated she opposes the current plan.
• Ron Parks returned to the podium stating he has lived in the building for 33 years. He advised that,
ever since the casino was built, there haven't been increased odors, and stated that certain smells
exist today.
• Hamza Khan, 3832 W. Chase, Lincolnwood, IL -- owner's son
Mr. Khan advised of the accomplishments of his father:
o passed all inspections since 1989
o this same type of project is located on 87th Street in Chicago and is very upscale
o the current location will be improved and may house a Subway restaurant
o as it is an average -size building, condo owners should have no issues
Chairman Seegers verified that there will not be an auto repair; Mr. H. Khan concurred.
Board Member Szabo asked when the family got involved. Mr. Ryan advised — February 28, 2012. Mr. H.
Khan advised that the goal is to get rid of the undesirable parts. He stated his father will develop a nice site.
Board Member Saletnik stated/asked:
• to residents that these improvements will be better than what's there now
• Staff to elaborate on adverse effects to properties, noting that the Building and Zoning Codes assist
in this process. Mr. Mangum referred to Article 12 which highlights noise, lighting, and odor
performance standards.
Audience comments continued:
• Ron Parks reiterated that property values will increase and convenience will be noticed
• Iliyana Zecheva stated, as an investor and self-employed business owner, there are noise and garbage
complaints presently; construction noise will prevail
Mr. Ambrose concluded that the site is not workable currently and must be developed with 3 uses in order to
receive financing. He noted the back of the building faces residents and that noise, etc. will be at the front of
the building. He added that the trash enclosure will match the building and be sealed with gates.
Board Member Saletnik stated that earlier comparisons to noise at the restaurant on Oakton is not fair, as it's
a nightclub.
Audience member, Iliyana Zecheva, stated that the driveway of the current gas station had debris and she asked
an employee to remove it; this is not a safety issue.
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Chairman Seegers asked if the Board has any further questions. There were none.
Chairman Seegers advised the Board there are 2 parts to this petition:
• Setback of building
• Setback of pole sign location
A motion was made by Board Member Saletnik, to recommend approval of the setback, of building
and sign, variations. Board Member Catalano amended the motion to include conditions as presented
by Staff. Board Member Saletnik accepted the amendment. Board Member Hofherr seconded the
motion.
AYES: Saletnik, Hofherr, Green, Catalano, Szabo, Schell, Seegers
NAYES: None
"""MOTION CARRIED UNANIMOUSLY* * *
A motion was made by Board Member Saletnik to recommend approval of a Conditional Use Permit
with conditions as proposed by Staff and another condition for the gas station property owner to work
with the condominium for replacement of the existing fence with a new fence. Board Member Saletnik
amended his motion to include — with landscape buffer and divider variations. Board Member Hofherr
seconded the motion.
AYES: Saletnik, Hofherr, Green, Catalano, Szabo, Schell, Seegers
NAYES: None
"""MOTION CARRIED UNANIMOUSLY* * *
Chairman Seegers advised the next meeting will be on February 24, 2015.
ADJOURNMENT
A motion was made by Board Member Saletnik, seconded by Board Member Catalano, to adjourn
the meeting at 8:59 p.m. On a voice vote, the motion carried unanimously.
Sincerely,
Gale Cerabona
Recording Secretary
cc: City Officials, Aldermen, Zoning Board of Appeals, Petitioners