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06/25/2013Case # 13 -028 -CU —1388-98 Prairie Ave June 25, 2013 Page 1 DES PLAINES ZONING BOARD MEETING June 25, 2013 MINUTES The Des Plaines Zoning Board Meeting held its regularly scheduled meeting on Tuesday, June 25, 2013 at 7:30 P.M., in Room 102, City Council Chambers, of the Des Plaines Civic Center. ZONING BOARD PRESENT: Seegers, Szabo, Porada, Hofherr, Schell, Saletnik ABSENT: Catalano Also present was Scott Mangum. Senior Planner with the Department of Community and Economic Development. Chairman Seegers called the meeting to order at 7:34 P.M. Roll call was conducted. Chairman Seegers read the summary of the case up for hearing. A motion was made by Board Member Hofherr, and was seconded by Board Member Schell to approve the minutes of the June 11, 2013 Zoning Board of Appeals. AYES: Hofherr, Szabo, Porada, Seegers, Schell NAYES: None ABSTENTIONS: Saletnik Board Member Saletnik abstained from voting because he did not attend the June 11"' ZBA meeting. ""'MOTION CARRIED NEW BUSINESS Address: 1338-98 Prairie Avenue Case Number: Case #13 -028 -CU Issue: The petitioner is requesting a Conditional Use Permit under Section 7.3-8-C of the 1998 Des Plaines Zoning Ordinance, as amended, to authorize an accessory drive-through facility at a financial institution in the C-5, Central Business Zoning District. Address: 1388-98 Prairie Avenue Petitioner: Jim Kaiser (U.S. Bank), 14 E. 8th Street, Covington, KY 41011 Owner(s): Prairie DP, LLC, 1200 Glendenning Road Wilmette, IL 60091 PINs: 09-17-418-013-0000, 09-17-418-023-0000, 09-17-418-030-0000, 09-17-418-042-0000 Case # 13 -028 -CU — 1388-98 Prairie Ave June 25, 2013 Page 2 Board Member Porada recused himself due to a personal financial relationship with petitioner Jim Duerr. Petitioner Kaiser gave testimony regarding his proposition. He mentioned that he previously spoke at the ZBA for an identical property that was rejected for Ellinwood Avenue. He stated that a City Council member recommended Prairie Avenue as a potential alternative location. US Bank's current Des Plaines property lease is about to expire, and won't be renewed, therefore it must choose a new location. He stated that US Bank will comply with recommendation items #3 and #4. He took issue with item #2 because the bank already has dual 24/7/365 surveillance systems, and would prefer not to outsource that function to the Police Department when the bank has resources to deal with it on their own. He also took issue with item #1 regarding the visibility of a walk up ATM. He argued that drive thru ATMs are safer, and the area is already very well -ht, even meeting California's strictest in the nation requirements. Chairman Seegers stated that he had concern regarding the properties to the East and to the North of the proposed address. Mr. Kaiser stated there was a clearance path there which would not be altered. Mr. Duerr added that there was a 15 foot easement which allowed for trash pickup and travel between the two properties. Board Member Hofherr wanted to confirm that the bank was willing to comply with all of the suggested items. Mr. Kaiser confirmed that they would fully comply with items #3 and #4. He said #1 and #2 were potentially open for agreement. Board Member Hofherr asked if it would be possible to have an ATM in the vestibule of the bank. Mr. Kaiser said it would be possible, but said he did not think it would be a good idea to have both a drive thru ATM and a walk up vestibule ATM. Board Member Hofherr asked if Mr. Kaiser discussed this matter with the police. Mr. Kaiser said he had not reviewed the specific information with this proposed location with the commander, but got approval from the commander regarding identical specifications for the proposed Ellinwood Avenue property. Board Member Hofherr asked what security features exist in the proposed property. Mr. Kaiser said a dual surveillance system is the standard in all US Bank branches. Board Member Szabo asked if the easements on all of the surrounding properties would remain the same. Mr. Kaiser confirmed that they would be completely unchanged from how they were before. No property would be changed by this proposal. Board Member Szabo asked if Mr. Kaiser had contacted Dr. Barry, who owns a neighboring dental practice which would lose parking spaces. Mr. Duerr said they had not specifically contacted him recently. But they had previously asked him if he wanted to purchase the property, and he said no. Board Member Szabo stated he had concerns regarding the parking for this US Bank branch. Mr. Duerr stated that he did not foresee any issues with parking in this proposed location. Chairman Seegers asked about the specifics of the ATM system. Mr. Duerr stated that it was a 2 part system which included a 24-hour ATM and a night depository. Case # 13 -028 -CU — 1388-98 Prairie Ave June 25, 2013 Page 3 Board Member Szabo asked about the weekend hours. Mr. Duerr stated that it would follow standard branch hours. Therefore it would be closed on Sunday and have shortened Saturday hours. Chairman Seegers asked about the lighting specifications of the proposed branch. Mr. Kaiser stated that the location would be lit by a time -based lighting system. However, there would always be some type of lighting by the 24-hour ATM. Mr. Mangum read some highlights of the staff report summary. Issue: The petitioner is requesting a Conditional Use Permit under Section 7.3-8-C of the 1998 Des Plaines Zoning Ordinance, as amended, to authorize an accessory drive-through facility at a financial institution in the C-5, Central Business Zoning District. Analysis: Address: Petitioner: Owner(s): PINs: 042-0000 1388-98 Prairie Avenue Jim Kaiser (U.S. Bank), 14 E. 8th Street, Covington, KY 41011 Prairie DP, LLC, 1200 Glendenning Road Wilmette, IL 60091 09-17-418-013-0000, 09-17-418-023-0000, 09-17-418-030-0000, 09 -17 -418 - Plan of Operation The financial institution with drive-through facility would be open Monday through Friday from 8:00 am to 6:00 pm a.m. to 1:OOpm) and would have Existing Use Surrounding Land Use Existing Zoning Surrounding Zoning Street Classification Comprehensive Plan (Lobby 9:00 a.m. to 5:OOpm) and Saturday from 8:00 am to 1:00 pm (Lobby 9:00 approximately 10 full-time employees. Single Family Residence, Parking lot North: Commercial, Municipal Parking Lot East: James I. Paroubek Park South: Commercial West: Commercial C-5, Central Business Zoning District North: C-5, Central Business East: C-5, Central Business South: C-5, Central Business West: C-5, Central Business Prairie Avenue is designated as a local street in the Comprehensive Plan. The Comprehensive Plan recommends High Density Mixed Use. Case # 13 -028 -CU – 1388-98 Prairie Ave June 25, 2013 Page 4 In reviewing the conditional use request, staff has considered the following information: US Bank is seeking a Conditional Use Permit for construction of a new facility at 1388-98 Prairie Avenue. While a financial institution is permitted by right in the C-5 Zoning District, an accessory drive-through facility requires a Conditional Use Permit. The approximately 27,828 square foot (0.64 acre) property located on the north side of Prairie Avenue consists of four lots. A brick single family residence and garage currently are located on the eastern portion of the site, while the remainder of the site is developed as a parking lot. In 2007, the City Council adopted Ordinance Z-7-07 which authorized two variations to the zoning code to allow the construction of a 40 -unit condominium development on the site. Those entitlements have since lapsed. A 3,897 square -foot US Bank building is proposed to be constructed 5 -feet from the south property line. The subject site has approximately 200 -feet of frontage on Prairie Avenue. The bank building would occupy 74 -feet of the width of the property with the majority of the remaining frontage devoted to parking and driveways. 24 parking spaces would be provided, which would exceed the zoning code requirement of one parking space per 250 square feet, considering the first 2,500 square feet of a use within the C-5 Central Business District is exempt from off-street parking requirements. Based on this calculation a minimum of approximately 4-5 parking spaces are required. A three -lane drive-through facility would be attached to the rear of the bank and thereby screened from the public right of way by the bank building. Full ingress and egress is proposed from two 24 -foot wide driveways located both east and west of the building. Kenig, Lindgren, O'Hara, and Aboona, Inc. prepared a traffic study with the following conclusions and recommendations as stated in its report: • The proposed bank is well located with respect to the area roadway system. • The site -generated traffic can be accommodated adequately and efficiently without significant impact to the external roadway system. • The proposed site access system will be adequate to serve the traffic that will be generated by the proposed hank. • The drive-through lane will provide adequate stacking distance to accommodate the bank's drive—through demand. • The number of on—site parking spaces will be adequate to accommodate the bank's peak parking demand. Engineering Division staff reviewed the traffic study prepared by Kenig, Lindgren, O'Hara, and Aboona, Inc. and offered the following comments as stated in an email: 1. Under the proposed design, there is no eastbound access from the City drive into the bank site. This is due to a lack of space to accommodate the 3 drive-thru lanes, parking and two drive aisles on this urban site. This lack of interconnectivity is not ideal and it should be anticipated that drivers will understandably choose to enter the site from the City drive, driving the wrong way down the westbound drive aisle. Conditional Use Standards: As required by Section 3.4-5 (Standards for Conditional Uses) of the Zoning Ordinance, the Zoning Board of Appeals must review the proposed development in accordance with the following standards: A. The proposed conditional use is in fact a conditional use established within the specific Zoning district involved: Case # 13 -028 -CU — 1388-98 Prairie Ave June 25, 2013 Page 5 Comment: A drive-through facility is a conditional use in C-5, Central Business Zoning District, as specified in Section 7.3-8.C. of the 1998 City of Des Plaines Zoning Ordinance, as amended. B. The proposed conditional use is in accordance with the objectives of the City's Comprehensive Plan: Comment: The 2007 Comprehensive Plan proposes "Mixed Use- High Density" development for this area reflecting a mix of retail, service, office, and residential uses and expecting taller buildings up to the 100 -foot height limit. The policies and recommendations of the Downtown Subarea Plan state that Transit Oriented Development principles should be integral to redevelopment in downtown and also that the City should encourage comprehensive development involving land assembly, rather than "piecemeal" development. Further, the Urban Design Framework of the Comprehensive Plan identifies auto -oriented and pedestrian -oriented streetscape enhancements within Downtown. Prairie Avenue is not identified for either pedestrian -oriented or auto -oriented enhancements in Figure 12, but is identified as a bike route. Current market conditions may not support a high-density mixed use development. It is not known when and to what extent market conditions will change, but the proposed use, scale, and auto -orientation of development are not consistent with the adopted Comprehensive Plan. 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 single story masonry bank and single story masonry drive-through facility are proposed to be built up to the front property line, however, the single -story structure is significantly underdeveloped compared with the 100 -foot height limit and overall density present and desired in downtown. Additionally, the amount of frontage and overall site devoted to driveways and parking is not appropriate design within a downtown. Further, the placement of the building at the west end of the site removes the sense of enclosure that the current building on the east end of the site provides to the adjacent park. D. The proposed conditional use is not hazardous or disturbing to existing neighboring uses: Comment: None of the functions of the drive-through facility 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. Conditions of approval could be implemented to address potential Police Department concerns regarding a security alarm system and the lack of visibility of the proposed ATM location. The location of the proposed ATM drive-through lane is behind the building, therefore screened from view of the public right of way. Case # 13 -028 -CU — 1388-98 Prairie Ave June 25, 2013 Page 6 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: A traffic study prepared by Kenig, Lindgren, O'Hara, and Aboona, Inc. to examine the traffic characteristics of the proposed facility determined that traffic generated by US Bank can be accommodated on the adjacent street. However, the proposed drive-through facility would be disruptive to the pedestrian network in the downtown business -district, pedestrian and transit -oriented location. 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 use two curb cuts on Prairie Avenue. Prairie Avenue is designated as a local street in the Comprehensive Plan. A traffic study prepared by Kenig, Lindgren, O'Hara, and Aboona, Inc. to examine the traffic characteristics of the proposed facility determined that traffic generated by US Bank can be accommodated on the adjacent street. I. The proposed conditional use does not result in the destruction, loss, or damage of natural, scenic, or historic features of major importance: Comment: The proposed plan would not necessarily cause the destruction, loss, or damage of any natural, scenic or historic features of major importance. The early Twentieth Century brick home would be demolished, but that building is not a designated historic structure. J. The proposed conditional use complies with all additional regulations in the Zoning Ordinance specific to the conditional use requested: Comment: Per Section 9.4 of the Zoning Ordinance, drive-through facilities are required to provide six stacking spaces per facility, plus one stacking space per waiting area provided. The stacking spaces shall be designed so to not interfere with the ingress and egress of the off-street parking provided on the site. However, the traffic study submitted found that the four stacking spaces proposed per lane would be adequate for the use. The drive through facility appears to comply with additional zoning regulations. Recommendation: The Community Development Department recommends that the Zoning Board of Appeals recommend disapproval of the Conditional Use Permit request for the establishment of a financial institution with accessory drive-through facility based on a review of the information presented by the applicant, the Comprehensive Plan, as well as the findings made above, all in accordance with Section 3.4-5 (Standards for Conditional Uses) of the City of Des Plaines Zoning Ordinance. If the Zoning Board of Appeals decides to recommend approval of the applicant's requested relief, potential conditions of approval that could be considered include: 1. Prior to issuance of a building permit, the applicant shall submit revised site and floor plans demonstrating full visibility of all ATM machines from the street, such as relocating the ATM location to the front or side of the building, to the satisfaction of the Chief of Police. 2. Prior to issuance of a building permit, the applicant shall submit a security plan including a direct security alarm connection to the Police Department to the satisfaction of the Chief of Police. 3. Prior to issuance of building permit, the applicant shall provide a site plan with bicycle parking facilities to accommodate a minimum of two bicycles within 50 -feet of the building entrance. Case # 13 -028 -CU — 1388-98 Prairie Ave June 25, 2013 Page 7 4. Prior to issuance of building permit, the applicant shall an on-site traffic control signage plan to the satisfaction of the Director of Public Works and Engineering. Zoning Board of Appeals Procedure: Under Section 3.4-4-C (Conditional Uses) the Zoning Board of Appeals has the authority to recommend that the City Council approve, approve subject to conditions, or disapprove the above-mentioned Conditional Use Permit for a financial institution with an accessory drive-through facility in the C-5, Central Business District. The City Council has the final authority on the project. Chairman Seegers asked if there were any comments from the public, specifically from people opposed to the proposal. Pat Dowey of 700 Graceland Avenue got up to speak. She said that she wasn't necessarily opposed to it, but had some concerns. She lives about 300 feet from the proposed site and was concerned about where the entrance and exit of the drive thru would be placed. She was also concerned about the displacement of parking spots from Dr. Barry's dental practice, as she is a patient of his. Mr. Kaiser pointed out that the plan was approved by both the police department and engineering departments, and that the park would remain. He also claimed that there would be no aggregate increase in traffic, because they aren't technically adding a bank, they are just changing the location of an existing one. Board Member Saletnik stated that he believed this site proposal is far more appropriate and open than the Ellinwood Avenue site. He also praised the drive thru for its visibility and proximity to the municipal lot and various local businesses. He did not think mixed use development would be considered for Prairie Avenue, and if it were, it would not be developed at that site for many years. The potential for mixed-use development is far greater at the Ellinwood Avenue site. He stated that he disagreed with staff's recommendation to not approve the conditional use. Board Member Szabo said that he also disagreed with staff. He believed it would actually reduce the current amount of traffic in the area by the condos on Graceland Avenue. Board Member Saletnik stated that he believed parking would not be an issue, as he had never seen that lot full, other than maybe on the 4th of July. He wanted to fully study the conditions before a recommendation was made. He opened the possibility of modifying a condition, wanting to make sure that it would be addressed. Mr. Mangum stated that the provisions could be left to the discretion of the police. Board Member Saletnik wondered if it would be possible to modify the condition regarding the ATM location, because it would be fairly visible if it were adjacent to the municipal lot. Board Member Schell had concerns about a grammatical error on item #4, as there was a sentence missing a verb. He wondered what that verb should be. Mr. Mangum stated that the intention of that sentence was to demonstrate that there would be adequate signage. Therefore, the word "submit" should be added as the verb. Board Member Hofherr wanted to reword item #2 to give the bank jurisdiction over its own security system. If need be, an alarm system could be directly assigned to the police department, but he believed that the system offered by the bank was already adequate. Board Member Szabo thought that the item should be reworded so that the Chief of Police would be given power to approve the bank's surveillance system. Case # 13 -028 -CU — 1388-98 Prairie Ave June 25, 2013 Page 8 Mr. Duerr wanted to strike down overly specific language in the recommendation. He wanted to take out the phrase "such as relocating the ATM location". Board Member Saletnik wanted to add language saying that the ATM would be visible from the municipal lot. Mr. Kaiser was ok with the language proposed by Board Member Saletnik. Chairman Seeger also stated that he would reword the security language in the proposal so that it was at the approval of the Chief of Police. Board Member Saletnik made a motion, seconded by Board Member Szabo, to recommend approval of the conditional use for an accessory drive-through facility at a financial institution with changes made to conditions of approval #1, #2, and #4 as follows: 1. Prior to issuance of a building permit, the applicant shall submit revised site and floor plans demonstrating full visibility of all ATM machines from the street, ouch as rol cating tho ATM 1 cati n t tho fr nt r sido f tho building and/or adjacent to the municipal lot, to the satisfaction of the Chief of Police. 2. Prior to issuance of a building permit, the applicant shall submit a security plan including a direct security alarm connection to the Police Department to the satisfaction of the Chief of Police. 4. Prior to issuance of building permit, the applicant shall submit an on-site traffic control signage plan to the satisfaction of the Director of Public Works and Engineering. AYES: Saletnik, Szabo, Hofherr, Seegers, Schell, NAYES: None * * *MOTION CARRIED**** The meeting was adjourned at 8:14 pm by a unanimous voice vote.