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02/27/2012/�� CITY of \� 4 , �` f:T 1i I/ DES PLAINES) ILLINOIS DES PLAINES PLAN COMMISSION FEBRUARY 27, 2012 MINUTES The Des Plaines Plan Commission held its regularly scheduled meeting on Monday, February 27, 2012, at 7:00 P.M., in Room 102, City Council Chambers, of the Des Plaines Civic Center. PLAN COMMISSION PRESENT: Bar, Lane, Niemotka, Perez, Yi ABSENT: None Also present was Senior Planner, Scott Mangum, Department of Community and Economic Development. Chairman Niemotka called the meeting to order at 7:00 P.M. A motion was made by Commissioner Bar seconded by Commissioner Lane to approve the minutes of the December 12, 2011, and January 9, 2012, hearings as submitted. AYES: NAYES: Bar, Lane, Niemotka, Perez, Yi None MOTION CARRIED NEW BUSINESS Chairman Niemotka read a summary of the case up for hearing. Case Number 12-001-MAP Address: 1157 Algonquin Road Request: The petitioner is requesting an Amendment to the Official Des Plaines Zoning Map, as amended, to reclassify the property from the R-1 Single Family Residential Zoning District to the C-3 General Commercial Zoning District. Petitioner: Owner: Avi Banker (Agent for Owner) 555 W. Jackson Boulevard, Suite 500 Chicago, IL 60661 SA REO Fund 900, LLC 555 W. Jackson Boulevard, Suite 500 Chicago, IL 60661 Jeff Pryor from was sworn in as an Agent for the Owner. Mr. Pryor stated he represents the company that purchased the building, and they are in the process of finding a buyer or tenant for the building at 1157 Algonquin. He explained that there has been some interest; however, after the parties learn that the space is designated R-1 zoning, interest has been lost. Mr. Pryor described the building and commented on its usefulness as a small office. Chairman Niemotka asked if the Commissioners had any questions. Commissioner Perez asked about the nature of the business of the parties that were interested in the building. Case #12-001-MAP February 27, 2012 Page 2 Mr. Pryor stated that one such business was a catering company that wanted to prepare foods at that location, but that the current zoning prohibited that use. Commissioner Yi questioned Mr. Mangum about the current zoning. Mr. Mangum responded that the current zoning is R-1 and that the space was most recently occupied as a child care center which was legally developed. Commissioner Bar questioned Mr. Mangum as to whether the area had been changed from commercial to residential at some time and referred to a recent proposed ordinance. Mr. Mangum stated that the ordinance referred to has not been enacted, and that the current zoning has been in place at least since 1998. Chairman Niemotka spoke of issues with the driveway and the privacy fence, and asked Mr. Pryor if there were any objections to these fix these issues. Mr. Pryor agreed that these issues need to be fixed. Chairman Niemotka asked Mr. Mangum to read the applicable staff report into record, as follows: Issue: The petitioner is requesting an Amendment to the Official Des Plaines Zoning Map, as amended, to reclassify the property from the R-1 Single Family Residential Zoning District to the C-3 General Commercial Zoning District. Analysis: In analyzing this request, the staff considered the following information: General Information Petitioner: Avi Banker (Agent for Owner) 555 W. Jackson Boulevard, Suite 500 Chicago, IL 60661 Owner: SA REO Fund 900, LLC 555 W. Jackson Boulevard, Suite 500 Chicago, IL 60661 Address: 1157 Algonquin Road Case Number: 12-001-MAP PIN: 09-20-301-011 Existing Land Use: Vacant building (previously Child Care Center) Existing Zoning: R-1, Single Family Residential Street Classification: The adjacent section of Algonquin Road is listed as a collector in the Comprehensive Plan. Comprehensive Plan: The Comprehensive Plan recommends a Traditional Single Family Residential use for the site. The applicant, Avi Banker, has applied to change the zoning of the lot at 1157 Algonquin Road from R-1, Single Family Residential, to C-3, General Commercial. The approximately 46-foot wide by 158-feet deep (7,322 square foot lot) is located on the south side of Algonquin Road, 190-feet west of the intersection of Algonquin Road and Lee Street. A 2,040 square foot, one story, brick commercial building with two tenant spaces is present. Seven parking spaces are accessible from a driveway off Algonquin Road. Case #12-001-MAP February 27, 2012 Page 3 The applicant has requested the rezoning from residential to commercial to allow the building to be leased or sold to commercial users. The building is currently vacant, with a Child Care Center as the previous user. Because the Child Care Center use has been vacant for more than a year, the use is considered abandoned and nonconforming rights have been lost. The purpose of the C-3 General Commercial District is "to accommodate a variety of businesses in locations to serve the community of Des Plaines." The parcels to the west of the subject property are within the R-1 Single Family Residential District and are also used as residences, while the properties directly to the east are within the C-3, General Commercial district and are developed with commercial uses. The physical development of the property, with the building towards the front of the lot and with a zero -foot side setback along the east boundary, is more typical of commercial development. Additionally, the existing building is more suited to a commercial tenant. The 2007 Comprehensive Plan Future Land Use Map shows this parcel as Traditional Single Family Residential. However, the draft Unified Development Ordinance Zoning Map proposes a commercial zoning district to better match the existing condition. Standards for a Zoning Map Amendment To analyze this map amendment request, the standards for amendments contained in Section 3.7-5 of the Zoning Ordinance were used. Following is a discussion of those standards: A. Whether the proposed amendment is consistent with the goals, objectives, and policies contained in the Comprehensive Plan. The 2007 City of Des Plaines Comprehensive Plan recommends a Traditional Single Family Residential use for this site. However, the property is adjacent to commercially zoned properties and has been developed in a manner consistent with these properties. The C-3 zoning district permits a number of commercial uses by right and allows other more intense commercial uses with a conditional use permit. B. Whether the proposed amendment is compatible with the current conditions and the overall character of existing developments in the immediate area. The current conditions around the site include single family residences to the west and commercial properties to the east. The proposed zoning change would be more compatible with the properties to the east, but could introduce uses that would be less compatible with the residences to the west. C. Whether the proposed amendment is appropriate considering the adequacy of public facilities and services available to the property. The public facilities and the public services provided by the City of Des Plaines are adequate. If the zoning amendment is approved, no expansion of public facilities or services will be necessary. D. Whether the proposed amendment will have an adverse effect on the value of properties throughout the jurisdiction. With a map amendment, the existing building could be reused with a greater number of commercial uses; however, some of the more intense uses may be less compatible with the existing single family residences that are in the adjacent R-1 Zoning District. Case #12-001-MAP February 27, 2012 Page 4 E. Whether the proposed amendment reflects responsible standards for development and growth. The proposed zoning category would be consistent with the commercial nature of the existing development of the property. The size of the parcel involved in the request is not large enough to accommodate a development of a size that would produce a significant amount of growth. Recommendation: Based on the above analysis, the Community Development Department recommends approval of the requested zoning map amendment to change the zoning classification to C-3, General Commercial. Staff recommends that the property should be classified into a zoning district that is in greater conformance with the current development and the pattern of commercial properties to the east. Planning Commission Procedure Under Section 3.7-4-C of the Zoning Ordinance (Amendments) the Plan Commission has the authority to make a recommendation for approval, approval with modification, or disapproval of the above -mentioned map amendment. The City Council has the final authority on the proposal. Chairman Niemotka asked if the Commissioners had any questions. Commissioner Yi asked if the property to the east has always been commercial or if it was ever residential. Mr. Mangum stated that those buildings appear to have been there for quite some time and is unsure if there were ever houses built directly east of 1157 Algonquin. Chairman Niemotka asked if there were any comments from the audience. Comment 1: Jerri Barreras, 1143 Algonquin Ms. Barreras was swom in and stated that her main concern with changing the zoning is that it is unknown as to what type of business would occupy the building. She also stated her concerns with parking, and questioned the possibility of the properties to the east of 1157 Algonquin being sold and something large being built. Commissioner Lane asked Mr. Mangum to describe the types of businesses permissible in an C-3 zone. Mr. Mangum read a number of the permitted uses as of right and with a conditional use permit for C-3 zoning from the Commercial District Use Matrix Table in the City Code. Chairman Niemotka commented that the size of the property is a factor in considering what type of business could be conducted at that property. Chairman Niemotka asked about removing a dirt mound from the property that was a play area for the previous child care tenant. Mr. Pryor stated that the dirt removal is a priority but that cost was also a concern. He stated that it is challenging to make improvements without a tenant. Chairman Niemotka asked about repairing a fence on the property. Mr. Pryor stated there will be no problem repairing it. Ms. Barreras expressed her concems with a repair due to the rotting wood. Chairman Niemotka asked if there were any other comments from the audience. Comment 2: Jane Haas, 1163 Van Buren. Ms. Haas was sworn in and expressed her concerns with having another food business in that area, and she described problems with garbage trucks and skunks. Ms. Haas also spoke of safety concems stemming from vehicles entering and exiting the property, and of concems with the narrow roads and parking issues. Case #12-001-MAP February 27, 2012 Page 5 Chairman Niemotka stated that the location is not one that is likely to attract business of passersby with a sign, but rather a location that a person would go to with a scheduled appointment. Mr. Pryor stated that a caterer was an example of an interested tenant, but does not know what kind of tenant may be interested next. He expressed his believe that the building will remain vacant for an extended period of time while zoned as R-1. Comment 3: Michelle Eby, 1135 Algonquin, neighbor of Ms. Barreras. Ms. Eby was swom in and stated that her belief that the area is not conducive to big trucks due to the narrowness of the roads. She expressed her concem that large trucks may park on and damage her property. Michelle also expressed her concems for safety of children in the area because of the difficulty in seeing around the fence. Ms. Barreras spoke up to express her concerns regarding the snow plowing in the area and flooding. Chairman Niemotka stated the snow plowing issue is something that could be addressed through Public Works. Commissioner Bar asked that Mr. Mangum read the permitted uses in a C-3 zone one more time. Mr. Mangum again read from the Commercial District Use Matrix Table in the City Code. Chairman Niemotka asked if there were any other questions or comments. There were none. A motion was made by Commissioner Bar seconded by Commissioner Lane to recommend approval of the request to amend the Official Des Plaines Zoning Map, as amended, to reclassify the property from the R-1 Single Family Residential Zoning District to the C-3 General Commercial Zoning District, with the understanding that the fence and driveway will be repaired and drainage issues will be looked into. Discussion was had regarding the acceptability of a fence as a barrier. All agreed that this was an acceptable barrier. AYES: NAYES: Bar, Lane, Niemotka, Perez, Yi None MOTION CARRIED Chairman Niemotka spoke to the audience and said that he understands the concerns expressed, and stated that it is beneficial to have tenants in the building to generate taxes and maintain the property. A motion was made by Commissioner Perez seconded by Commissioner Bar to adjoum. The meeting was adjoumed at 7:40 by unanimous voice vote. Sincerely, Robert Niemotka, Chairman Des Plaines Plan Commission cc: City Officials Alderm en Plan Commission Petitioner