Loading...
04/14/2015Case #15-013-V-751 Gracelancl Avenue Case #15 -017 -CU -885-911 Touhy Avenue April 14, 2015 Page 1 b#1 7y OF`Nu 11 11 p --hl DES PLAINES ILLINOIS DES PLAINES ZONING BOARD MEETING APRIL 14, 2015 MINUTES The Des Plaines Zoning Board Meeting held its regularly scheciul eci meeting on Tuesday, April 14, 2015, at 7:30 p.m. in Room 101 of the Des Plaines Civic Center. ZONING BOARD PRESENT Seegers, Szabo, Catalano, Saletnik, Hofherr, Schell ABSENT`. Green ALSO PRESENT George Sakas, AICP, Director/Community & Economic Development Scott Mangum, AICP, Senior Plainer, Department of Community & Economic Development Gale Cerabona, Recording Secretary Chairman Seegers called the meeting to order at 7:35 p.m. & read this evening's cases. APPROVAL OF MINUTES: A motion was made by Board Member Hofherr, seconded by Board Member Catalano, to approve the meeting minutes of March 10, 2015, as presented. AYES: Hofherr, Catalano, Szabo, Saletnik, Schell, Seegers NAYES: None ***MOTION CARRIED UNANIMOUSLY*** NEW BUSINESS 1. Address: 751 Graceland Avenue Case Number: 15-013-V Petitioner is requesting variations to the 1998 City of Des Plaines Zoning Ordinance, as amended, to construct a multi -family residential building in the R-4 Zoning District with the following variations: (1) to Section 9.7 to allow 35 parking spaces, instead of not less than 80; (2) to Section 7.2-7.D to allow 40 1 - bedroom dwelling units on a lot of 22,044 square feet, instead of not less than 28,000 square feet; and (3) to Section 7.2-7.D to allow a rear yard (east) setback of 25', instead of not less than approximately 27.7'. PINs: 09-17-425-047-0000,09-17-425-052-0000 Case #15-013-V-751 Graceland Avenue Case #15 -017 -CU -885-911 Touhy Avenue April 14, 2015 Page 2 Petitioner: Eric Huffman, Over the Rainbow Association, 2040 Brown Avenue, Evanston, IL 60201 Owner: Eric Huffman, Over the Rainbow Association, 2040 Brown Avenue, Evanston, IL 60201 Chairman Seegers swore in Eric Huffman, Executive Director, Over the Rainbow Association, 2040 Brown Avenue, Evanston, IL 60201, Dennis W. Langley, AIA, Weese Langley Weese Architects Ltd., 9 W. Hubbard, Chicago, IL 60610, Eric D. Russell, P.E., PTOE, PTP, Principal, Kenig, Lindgren, O'Hara, Abbonna, Inc., 9575 W. Higgins, Suite 400, Rosemont, IL 60018, & Leo Kirwin, Resident at the Over the Rainbow Association independent living community in Evanston, IL. Mr. Huffman introduced Mr. Leo Kirwin, a current resident at the Evanston location, who is a former Commissioner of the City of Evanston. Mr. Huffman stated the Over the Rainbow Association's headquarters is located in Evanston, IL. He noted the company has 10 buildings which are barrier -free, independent living apartments with specially - designed bathrooms, and L-shaped kitchens. Mr. Huffman identified that as Des Plaines is a transit -oriented area with excellent transportation, it is an outstanding location, and a property that would be in demand. He explained this would be a 40 -unit development, and parking is typically empty. Mr. Kirwin, a resident and paraplegic (due to an accident), stated he is present tonight to answer any questions. He noted he has family in Palatine so Des Plaines could be a potential location for him though he currently lives in the Evanston building. Chairman Seegers asked if the Board has any questions. There were none. Mr. Langley advised the variation is a 25 -ft rear yard lot. He noted parking studies were conducted, the owner's wish for parking (35 spaces) is lower than the requirement, and the Over the Rainbow Association has been in existence for quite some time and has no intention of leaving Des Plaines should this project be approved. He advised the neighbor's concems were met regarding the south setback, and noted this is a R-4 zoning. With a 40 -unit development, it is expected that there will be a waiting list. Two larger elevators will be installed, and there will be new fire code requirements; materials were identified. The Petitioner shared this is an $8.5 million investment and a big asset for Des Plaines. Board Member Szabo asked: • what the materials are. Mr. Langley advised — block and plaxico, stucco cement board, brick masonry, and wood studs • if there are firewalls. Mr. Langley advised -- yes Chairman Seegers asked: • if the units are rentals and 1 or 2 -bedrooms. Mr. Langley advised — yes, 1 -bedrooms • if there are other areas. Mr. Langley advised — yes, meeting rooms, a community room, mechanical space, etc. • if there is therapy on-site. Mr. Langley advised — there is not Board Member Catalano asked: • if the community room is there for residents or to be rented out. Mr. Langley advised — it is for residents and would not be rented out to others. • what the capacity is. Mr. Langley advised — 1,200 sq. ft. which accommodates up to 80 people. Chairman Seegers asked if the Board has any further questions. There were none. Chairman Seegers asked Staff to provide the summary report. Case #15-013-V-751 Graceland Avenue Case #15 -017 -CU -885-911 Touhy Avenue April 14, 2015 Page 3 Issue: The petitioner is requesting variations to the 1998 City of Des Plaines Zoning Ordinance, as amended, to construct a multi -family residential building in the R-4 Zoning District with the following variations: (1) to Section 9.7 to allow 35 parking spaces, instead of not less than 80; (2) to Section 7.2-7.D to allow 40 1 -bedroom dwelling units on a lot of 22,044 square feet, instead of not less than 28,000 square feet; and (3) to Section 7.2-7.D to allow a rear yard (east) setback of 25', instead of not less than approximately 27.7'. Analysis: In analyzing this request, the staff considered the following information: General Information Address 751 Graceland Avenue Real Estate Index Numbers 09-17-425-047-0000, 09-17-425-052-0000 Existing Zoning R-4, Central Core Residential Petitioner Eric Huffman for Over the Rainbow, 2040 Brown Avenue, Evanston, IL 60201 Owner Eric Huffman for Over the Rainbow, 2040 Brown Avenue, Evanston, IL 60201 Case Number 15-013-V On March 16, 2015 the City Council approved a Map Amendment to reclassify the zoning of the property at 751 Graceland Avenue from the C-5, Central Business Commercial District to the R-4, Central Core Residential District. The 22,044 square -foot lot (0.5 acres) has approximately 116 feet of frontage on Graceland Avenue and is 190 -feet deep. Additional access is provided by a 20 -foot wide two-way alley adjacent to the rear property line. Parcel Two is currently developed with a two-story brick building that has been used for office and multi -family residential units, a detached two -car garage and an accessory parking lot. Parcel One is developed with an additional parking lot with separate ingress and egress. Over The Rainbow Association (OTR) is an Illinois not-for-profit association dedicated to providing independent living solutions for individuals with physical disabilities. OTR currently has apartment communities in Chicago, Evanston, Freeport, Harvard, Matteson, Rockford, and Waukegan. OTR seeks to construct a five -story multi -family apartment building with 40 units and 35 parking spaces. The parking area could be accessed both from Graceland Avenue and from the adjacent 20 -foot wide public alley. The ground floor would contain three offices, laundry facilities, community facilities, and utility rooms, while the upper floors would contain ten 1 -bedroom units per floor. The petitioner is requesting variations to the minimum required rear building setback, lot area per dwelling unit (density), and number of required parking spaces. A Standard Variation is requested to reduce the minimum required rear yard setback in the R-4 District of 25 -feet, plus two feet per additional 10 -feet in building height for buildings over 40 -feet. The proposed 53 -foot, four -inch tall building requires an approximately 27.7 -foot setback, where 25 -feet is proposed. A Major variation is sought for a reduction in the minimum lot area required, or an increase in density. The minimum lot area required for 40, 1 -bedroom Case #15-013-V-751 Graceland Avenue Case #15 -017 -CU -885-911 Touhy Avenue April 14, 2015 Page 4 units is 28,000 square feet, or 700 square feet of lot area per unit, where the site is 22,044 square feet in size, providing approximately 551 square feet of lot area per dwelling unit. Two parking spaces are required per dwelling unit, or a total of 80, based on the number of units in the proposed plan. The petitioner's Parking Assessment (Attachment 4) prepared by Kenig, Lindgren, O'Hara, and Aboona, Inc. concludes that the projected peak parking demand for the facility is 26 parking spaces based on an analysis of similar facilities and that the proposed 35 parking spaces would adequately serve the project. Additionally, the Parking Assessment looked at a long-term scenario where the project could convert from the proposed use to a market rate building with less total units that would be adequately served based on typical parking ratios in other suburban transit -oriented downtown environments. Further the Parking Assessment found that on -street and public parking is available in the evening hours based on recent field counts. Recommendation: The Community and Economic Development Department recommends approval of the variation requests for the reduction in building setback, reduction in lot area, and reduction in the number of parking spaces, based on review of the information presented by the applicant and the standards and conditions imposed by Section 3.6-8 (Findings of Fact for Variations) as outlined by the City of Des Plaines Zoning Ordinance. The proposed development is generally consistent with the High -Density Multi -Family Residential land use designation for this site expressed in the 2007 Comprehensive Plan and would also be compatible with the existing development and Zoning classification to the east and south. The rear property line of the subject property is separated from the parking lot of the adjacent commercial lot to the east by a 20 -foot wide public alley. The proximity to the heart of Downtown and transit infrastructure is a factor in justifying the reduced lot area per dwelling unit and parking. An increased number of units can help to promote transit -oriented development, which is a described goal in the City's Comprehensive Plan along with providing high-quality and diverse housing options. The Parking Assessment concludes that the property provides adequate parking for the proposed current use and that future modification to the building could also provide adequate parking if the use were to change in the future. 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 rear yard setback variation in the R-4 zoning district. The City Council has the final authority on the major variation (parking and lot area) requests. Under Section 3.6-7 of the Zoning Ordinance (Major Variations) the Zoning Board of Appeals has the authority to recommend that the City Council approve, approve subject to conditions, or deny the parking and lot area variations. The City Council has the final authority on these aspects of the project. Chairman Seegers asked if the Board has any questions. There were none. Chairman Seegers asked, regarding the parking variation, if the surveys were conducted during the day. Mr. Russell advised they were conducted in the evening when residents may be parked at home. Case #15-013-V-751 Graceland Avenue Case #15 -017 -CU -885-911 Touhy Avenue April 14, 2015 Page 5 Chairman Seegers asked if the Board has any questions. There were none. Chairman Seegers asked if anyone in the audience is in favor of this project. No one responded. Chairman Seegers asked if anyone in the audience objects to the project. The following came forward: • June Milner, 722 Graceland Ms. Milner advised she is the Vice President of the Carriage Walk, a homeowner, and represents the residents. She stated the development is 48 units, and the charm is its trees, etc. with a 20 -ft. typical setback of adjacent buildings. Ms. Milner stated since there are disabled residents at the proposed development, larger parking spaces will be needed; driveway parking would have to be wider (to accommodate busses or vans for those who don't drive). She asked how safe residents would be noting there are 405 steps. She suggested other options such as the building on Lee Street, the former bowling alley, and Prospect & Lee Streets. Ms. Milner stated she believes the residents would be happier at another location and thanked everyone for hearing their comments. • Frances Volpi, 722 Graceland Ms. Volpi stated her concerns are: o safety of residents (if they are in wheelchairs); crossing Graceland is dangerous as cars race by o if residents will be escorted o if residents drive, as only left-hand tums can be made Mr. Kirwin replied that he doesn't take offense and likes to think of himself as normal. He advised that residents are independent with no employee/staff on hand to assist. He noted that some residents will walk, some will be in wheelchairs. He stated that all are capable of making decisions. He reminded that the roads in downtown Chicago are a lot wider. Mr. Huffman stated that it's possible 50% of residents would be ambulatory and 50% may be in wheelchairs. He commented that he doesn't want to cross Graceland Avenue either! Chairman Seegers stated/asked: • all residents may not have wheelchairs but may have another disability. Mr. Kirwin advised these disabled residents may be unable to live elsewhere due to restrictions. • if these are rental units. Mr. Huffman advised — yes, and the demand is high for this type of units • if the units are subsidized. Mr. Huffman advised — yes, and 15% of residents (in all locations) are veterans. Mr. Kirwin advised he was formerly an employee at Motorola and a real estate broker. Mr. Huffman advised the other sites were investigated but they believe this to be the best location. Board Member Szabo asked if parking is on the East side of Graceland. Mr. Mangum advised it is. Chairman Seegers asked the Board if there are further questions. There were none. A motion was made by Board Member Hotherr, seconded by Board Member Szabo, to grant the 25 - ft. rear yard setback. AYES: Hofherr, Szabo, Catalano, Saletnik, Schell, Seegers NAYES: None Case #15-013-V-751 Graceland Avenue Case #15 -017 -CU -885-911 Touhy Avenue April 14, 2015 Page 6 """MOTION CARRIED UNANIMOUSLY* * * Board Member Hofherr asked, regarding the 35 parking spaces, if the building would change, would Petitioner have to return to Zoning Board of Appeals. Chairman Seegers suggested a motion with a condition. A motion was made by Board Member Hofherr to recommend approval of a variation to allow 35 parking spaces at 751 Graceland Avenue and if the building changes ownership or use, this would be reconsidered by the Zoning Board of Appeals to meet the requirement. Board Member Saletnik amended that the use of the building could be changed and the number of units could be reduced thus reducing parking spaces. Mr. Hofherr replied that is noted on Page 19 of 28 in the packet. Chairman Seegers stated the units would convert to 24 units. Board Member Saletnik explained that the parking (which is owned by the bank) is an area of concern; he asked how the situation can be alleviated. Board Member Saletnik amended that the market rate conversion be noted as a condition. Mr. Mangum advised of future alternative options mentioned in the Parking Assessment including reducing the number of units, obtaining off-site parking, or payment in lieu of parking. Board Member Hofherr amended the recommendation to approve the parking variation so that the market conversion rate be considered. Should the building ownership change or its use change, Petitioner would have to return to Zoning Board of Appeals for review. Board Member Schell seconded the motion. AYES: Hofherr, Schell, Catalano, Szabo, Saletnik, Seegers NAYES: None """MOTION CARRIED UNANIMOUSLY* * * A motion was made by Board Member Hofherr, seconded by Board Member Saletnik, to recommend to City Council, referencing Section 7.2-7.D, and allow 40 one -bedroom dwelling units as described. AYES: Hofherr, Saletnik, Catalano, Szabo, Schell, Seegers NAYES: None """MOTION CARRIED UNANIMOUSLY* * * 2. Address: 885-911 Touhy Avenue Case Number: 15 -017 -CU Petitioner is requesting a modification to a Conditional Use permit under Section 7.3-6-C of the 1998 City of Des Plaines Zoning Ordinance, as amended, to construct and operate a convenience mart fueling station in the C-3 Zoning District. PINs: 09-32-100-008-0000, 09-32-100-018-0000 Petitioner: Speedway LLC, 500 Speedway Drive, Enon, OH 45323 Owner: Speedway LLC, 500 Speedway Drive, Enon, OH 45323 Case #15-013-V-751 Graceland Avenue Case #15 -017 -CU -885-911 Touhy Avenue April 14, 2015 Page 7 Chairman Seegers swore in Rich Yost, Division Project Manager, Speedway LLC, 8200 185th Street, Suite E, Tinley Park, IL 60487, Chris Kalischefski, AIA, President & Kimberly Stmad, Project Designer, Corporate Design & Development Group, LLC, 2675 Pratum Avenue, Hoffman Estates, IL 60192. Mr. Yost noted the intended plan and turned it over to Ms. Stmad who advised she is representing Speedway. She stated the previous and current site plans are being presented this evening: • Location of site • Previously -recommended by ZBA and approved by City Council • Landscaping • Dispensers • Previous (City Hall) meeting dates were noted Ms. Strnad advised the revised site plan is as follows and noted: • Landscaping o Adding 12 more parking spaces o Added a cross -access driveway to the East property line area • Condition #4 is requested to be removed • Drainage will be improved on the East property line; currently an area that floods Chairman Seegers reiterated the above and asked: • why the access and parking changed. Tom Burney, Attomey for Speedway, noted this is a private matter; easement rights are not being given by neighbor, and a response is being awaited. Mr. Bumey advised that Speedway indemnifies and holds the City of Des Plaines harmless. Chairman Seegers asked about a fence. Mr. Bumey advised the neighbor's drainage will be improved. Chairman Seegers asked if there are any questions from the Board. Board Member Hofherr asked if there is any effect due to the toll way. Ms. Stmad advised the work is being performed in the current right-of-way. Chairman Seegers asked Staff to provide the summary report. Issue: The petitioner is requesting a modification to a Conditional Use permit under Section 7.3-6-C of the 1998 City of Des Plaines Zoning Ordinance, as amended, to construct and operate a convenience mart fueling station in the C-3 Zoning District. Analysis: Proposed Use Convenience Mart Fueling Station Petitioner Speedway LLC, 500 Speedway Drive, Enon, OH 45323 Owner Speedway LLC, 500 Speedway Drive, Enon, OH 45323 PINs 09-32-100-008-0000,09-32-100-018-0000 Plan of Operation The Convenience Mart Fueling Station would operate 7 days a week, 24 hours per day with a total of 5 employees per shift. Existing Use Convenience Mart Fueling Station and vacant building Case #15-013-V-751 Graceland Avenue Case #15 -017 -CU -885-911 Touhy Avenue April 14, 2015 Page 8 Surrounding Land Use North: Single -Family Residential East: Office South: I-90 Toll way West: I-90 Toll way Existing Zoning C-3, General Commercial Surrounding Zoning North: R-1, Single Family Residential East: C-2, Limited Office Commercial South: I-90 Toll way West: I-90 Toll way Street Classification This portion of Touhy Avenue is identified as an arterial road according to the City's Comprehensive Plan. Comprehensive Plan The Comprehensive Plan recommends Community Commercial use for the western portion of the site and Office for the eastern portion. The applicant, Speedway, has requested to modify an approved Conditional Use Permit to construct a new Convenience Mart Fueling Station at 885-911 Touhy Avenue. A Conditional Use Permit was approved July 21, 2014 per Zoning Case #14 -024 -CU -V (Ordinance Z-16-14). Speedway has revised the plans in an attempt to accommodate a recorded easement from 1976 for parking and access from the adjacent property to the east. The main differences from the approved Site Plan are a 30 -foot, 6 -inch vehicular cross -access driveway at the southeast corner of the site and 12 additional parking spaces towards the northwest portion of the site. Speedway currently operates a Convenience Mart Fueling Station on the western portion of the site and has demolished the building on the eastern portion of the site. Speedway plans to demolish and rebuild a new Convenience Mart Fueling Station using the entire site. The 29,994 square -foot parcel at 911 E. Touhy Avenue, was reclassified from the C-2, Limited Office Commercial Zoning District to the C-3, General Commercial District by the City Council in May, 2014. The 90,321 square -foot triangularly shaped site currently contains a one-story frame building, a one-story brick convenience mart building and canopy with 12 fuel pumps (eight regular and four diesel). The site is currently accessed by three curb cuts off of Touhy Avenue. The proposed 48 -foot by 82 -foot (approximately 3,936 square feet) convenience mart building will be oriented towards Touhy Avenue with 16 parking spaces in front of the building and an additional 12 spaces toward the northwest portion of the site. Separate fuel canopies are proposed for the ten regular and four diesel (primarily used by trucks) fuel pumps. Truck traffic will circulate around the site in a counterclockwise direction utilizing the westernmost curb cut (right in only) to enter the site and the easternmost curb cut (right out only) to exit. Automobile traffic could also use the full -access middle curb cut. The regular fuel canopy would be located in between the convenience mart building and Touhy Avenue, while the diesel canopy would be located to the west of the building. An eight -foot high board on board fence and landscaping is proposed along the eastern edge of the site to provide screening from the adjacent office park in addition to landscaping around the perimeter of the site. A traffic study to evaluate the proposed Speedway reconstruction was prepared by Kenig, Lindgren, O'Hara, and Aboona, Inc. The City's Engineering Division has reviewed the traffic study and are in agreement with the study's conclusions that the project will not introduce any new adverse impacts upon the surrounding Case #15-013-V-751 Graceland Avenue Case #15 -017 -CU -885-911 Touhy Avenue April 14, 2015 Page 9 transportation network, and it will improve the on-site circulation given that the project is largely an improvement of the existing station (versus a new use or expansion) with marginal additional traffic generated. The City's Engineering Division has also reviewed the revised Site Plan and did not identify any additional issues. 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 westem portion of the site and Office for the eastern portion. The City Council recently reclassified the zoning of the eastern portion of the site which allows for a Convenience Mart Fueling Station as a conditional use. 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 fronts on Touhy Avenue, an arterial road that currently has an auto -oriented character in the area, but is located in close proximity to residences and open space on the north side of Touhy Avenue and an Office Park to the east of the site. Extensive landscaping has 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 well-being of the community. Case #15-013-V-751 Graceland Avenue Case #15 -017 -CU -885-911 Touhy Avenue April 14, 2015 Page 10 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 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 three curb cuts on Touhy Avenue for access. The Illinois Department of Transportation has jurisdiction over this section of Touhy Avenue and will need to review and approve the proposed curb cut locations. 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 major variations previously granted for signage, 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 modification to the Conditional Use Permit for the establishment of a Convenience Mart Fueling Station, 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 in accordance with the Proposed Speedway Plans, including without limitation the Site and Landscape Plans set forth in Group Exhibit B. Trees along the east property line shall be a minimum of eight feet in height at the time of planting. 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. 4. Approval of the conditional use permit is subject to, and conditioned upon, the execution and delivery by Speedway and the owner of the adjacent property to the east of a written agreement Case #15-013-V-751 Graceland Avenue Case #15 -017 -CU -885-911 Touhy Avenue April 14, 2015 Page 11 demonstrating that the parties have resolved their private dispute regarding the easement on the subject property. The modification to 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 and it will improve the on-site circulation. Zoning Board of Appeals Procedure: Under Section 3.4-4-C (Conditional Uses) 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 modification of a Conditional Use Permit for the establishment of a Convenience Mart Fueling Station in the C-3 zoning district. The City Council has the final authority on the project. Board Member Saletnik asked/advised: • Staff if Petitioner has returned due to non -resolution with neighbors. Mr. Mangum advised the easement and modifications were brought to the attention of the City after the City Council approval of the Conditional Use Permit. • why Condition #4 is there. Mr. Mangum advised — Speedway revised its plan in an attempt to respond to the existing easement. General Counsel feels Condition #4 puts the City is the best position relating to the private dispute between the property owners. • he will vote where the City would be in the best position Board Member Szabo asked if neighbors are present. Chairman Seegers then asked if anyone in the audience is in favor of this project. No one responded. Chairman Seegers asked if anyone in the audience objects to the project. Chairman Seegers swore in J. Kelly Bufton, Seyfarth Shaw LLC, 131 S. Dearborn, Suite 2400, Chicago, IL 60603-5577, and Patrick Devereaux, Senior Vice President, EMERgency, 999 E. Touhy, Des Plaines, IL 60018. Mr. J. Kelly Bufton, Attorney, Seyfarth Shaw LLC (representing the owner to the East) & Patrick Devereaux, Senior Vice President, EMERgency came forward. Mr. Bufton explained the situation of events. He noted that Speedway was aware of the easement and asked the owner to relinquish it (including 21 specifically located parking spaces) following City approval of the Conditional Use Permit. Survey illustration and easement were identified. Mr. Bufton stated he agrees with the City's Counsel that this is a private matter. He noted the proposed landscape/site plan has not been shared before tonight. He advised that written notice of demolition (which is completed) was not received. Mr. Bufton continued that the easement has not been relinquished but the parking spaces are not accessible. He stated that Petitioner/Speedway' s proposed parking is now 28 spaces; owner to the East has access to 21 spaces. He advised that parking spaces are added on property that is not burdened by the easement. Mr. Bufton stated the access point is required, however, since the easement property's use is being changed from a racquet ball club/office to a gas station, he asked what the purpose of the access point is. He noted trucks would be able to drive across neighbor (to the East's) property to use the full access driveway onto Touhy Avenue. Case #15-013-V-751 Graceland Avenue Case #15 -017 -CU -885-911 Touhy Avenue April 14, 2015 Page 12 Mr. Devereaux stated he must have 21 parking spaces or he will lose rental opportunities (of 7,000 sq. ft.) in his building. Chairman Seegers asked if this is a recorded easement. Mr. Bufton advised it is an easement recorded in 1976. Board Member Saletnik stated/referred to: • whether the easement was a part of the original approval for the office building. Mr. Mangum advised that it did not appear to be so as the Office development was a Planned Unit Development approved in 1970. • the inability of neighbor's rental opportunity Mr. Burney reported that the Racquetball Club didn't have sufficient parking and asked the neighbor for parking spaces. The office building appears to have 468 parking spaces which are more than required. Speedway's customers could park in the office building parking lot. He noted the price tag for releasing the easement is $850,000. Mr. Bufton stated drainage and flooding are factors — and noted if they do not agree with Speedway's position, progress is impeded. He concluded this is the private dispute that must be resolved. Board Member Saletnik advised there's a factual conflict that needs to be resolved; the statement of rental loss must be proven; the reciprocal agreement must be investigated. Mr. Bufton clarified same noting they are not in violation of parking requirements, but that it was an issue of delivering parking to tenants. He continued that the current use/easement of 21 parking spaces must make sense from a zoning standpoint. Mr. Devereaux advised a Des Plaines Building Inspector notified him that there are not enough parking spaces. Board Member Saletnik noted the cost and release agreement is not the Zoning Board of Appeal's concem. Mr. Bufton suggested both entities accommodate 21 spaces. He shared this is a recorded easement on a property purchased by Speedway (who has designed its plan without regard). Mr. Sakas, Director, stated regarding policy and enforcement, the specifics cannot be clarified via a zoning determination tonight. He advised if the 999 Touhy building doesn't have enough parking, it would be considered legal non -conforming. Mr. Sakas noted the building is leased, and tenants seek a business registration. Board Member Saletnik stated he agrees with the office building owner that trucks will be entering on the adjacent property from a zoning perspective (and the reciprocal agreement is a moot point). It was noted the Racquetball Club was the party requiring the reciprocal agreement. Chairman Seegers noted and Mr. Mangum clarified tonight's reviews are: • Modification of Conditional Use Permit because of proposed Site Plan Changes Board Member Catalano confirmed that if this is not approved, then the situation remains as it was approved last year. Case #15-013-V-751 Graceland Avenue Case #15 -017 -CU -885-911 Touhy Avenue April 14, 2015 Page 13 Mr. Bufton asked that further investigation be conducted. Board Member Szabo agrees with a continuance. Mr. Bumey advised the fee asked by the office building owner cannot be met, and it does not serve anyone. Board Member Saletnik advised his position stands. Mr. Sakas stated, as a matter of practice, the City tries to resolve neighbor disputes before they come forward to City Council. Chairman Seegers suggested a continuance may be prudent to evaluate further information. Mr. Kalischefski, Architect for Speedway, advised the timeframe for construction is tight. He proposes that the driveway be on the North side with only a right tum in — with painting and striping. He noted all requirements would then be met. Mr. Kalischefski reiterated that this issue was brought up to the office building owner by Speedway as there was nothing to hide. He noted Speedway wishes to be a good neighbor. Mr. Bufton advised that a response nor a counter offer was ever made. He concluded that an on -the -spot resolution is unfair. Mr. Bufton noted the fee put forth to Speedway was assessed based on rental loss. He reminded everyone that Speedway bought the property with the easement agreement. Chairman Seegers advised this will be reviewed from a zoning standpoint. A motion was made by Board Member Hofherr, seconded by Board Member Schell, to recommend approval of the modification of the Conditional Use Permit, including all 4 Conditions suggested by Staff, for Speedway. Board Member Saletnik stated the wording of the 4th Condition benefits the adjacent property owner. He stated if the driveway is accepted as now offered by Speedway, he would be in favor. Board Member Saletnik stressed the exact location must be clear. He added that the new proposed driveway restricts trucks from going on the adjacent property. Mr. Kalischefski stated, at the existing condition, there is a defined cross-over access. Mr. Bumey stated there must be access on both properties. Mr. Bufton advised the easement designates the 21 spaces. Mr. Sakas suggested that any recommendation must include a design plan to be presented to City Council. Board Member Saletnik suggests modifying Condition #4 to state "of an agreed revised plan that designates that trucks do not enter the adjacent property". Chairman Seegers reminded that an actual drawing must be submitted. Mr. Bufton requested, due to the immediate travels/absence of the office building owner, a continuance be made for Petitioner to return with a design plan. Board Member Hofherr withdrew his motion. A motion was made by Board Member Saletnik, seconded by Board Member Szabo, to continue this matter and have Petitioner return with a specific revised plan on April 28, 2015. Case #15-013-V-751 Graceland Avenue Case #15 -017 -CU -885-911 Touhy Avenue April 14, 2015 Page 14 AYES: Saletnik, Szabo, Catalano, Hofherr, Schell, Seegers NAYES: None """MOTION CARRIED UNANIMOUSLY* * * ADJOURNMENT A motion was made by Board Member Schell, seconded by Board Member Catalano, to adjourn the meeting at 9:33 p.m. On a voice vote, the motion carried unanimously. Sincerely, Gale Cerabona Recording Secretary cc: City Officials, Aldermen, Zoning Board of Appeals, Petitioners