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05/10/2011�,y--%g is os , DES PLAINES ZONING BOARD OF APPEALS MAY 10, 2011 MINUTES DES PLAINES ILLINOIS The Des Plaines Zoning Board of Appeals Commission held its regularly scheduled meeting on Tuesday, May 10, 2011, at 7:30 P. M., in Room 102, City Council Chambers, of the Des Plaines Civic Center. ZONING BOARD OF APPEALS PRESENT: Catalano, Hofhe¢, Porada, Seegers, Salemik, Szabo ABSENT: None Also present was Senior Planner, Scott Mangum, Department of Community and Economic Development. Chairman Seegers called the meeting to order at7:35 P.M. Case Number: 11 -010 -CU Address: 820 Berkshire Lane Petitioner: Chris Williamson, 306 W. Mill Street, PO BOX 2825, Carbondale, IL 62902 Owner: Scott Pitcher, 201 E. Ogden Avenue, Suite 220, Hinsdale, IL 60521 Request: The petitioner is requesting a Conditional Use Permit under Section 7.2-0-C of the 1998 Des Plaines Zoning Ordinance, as amended, to authorize a Large Residential Care Home in the R-1 District. Chris Williamson, Petitioner, was sworn in, and explained that they wanted to expand from a 5 -bed facility to an 8 - bed facility. It is not an assisted living facility. They will only be making internal changes, not to the external building. The facility is a short-term rehab facility (average length of stay 7 to 9 months — some 30 days; some may stay 15 months). Commissioner Hofherr had a question regarding the real estate listing — a comparison from 2008 (9 rooms, 5 bedrooms) to the 2009 of 15 rooms, 9 bedrooms. Steve Miller, Facilities Operations Director, was sworn in and explained that he could not speak to the discrepancy as to how the listing was prepared in the past. The only change they had made was to split the rather large master bedroom into two bedrooms. Commissioner Hofherr asked for the dimensions of the rooms because 70 square feet per room was required. He also asked about the rooms to be used in the basement for the nurses' office. Mr. Miller stated that they did not use bedrooms under 100 square feet. They would use the basement rooms for nurses office or whatever the City required. Commissioner Hofherr asked about parking in the cul-de-sac Case #11 -010 -CU - 820 Berkshire Lane Case #09 -025 -CU — 583 W. Dempster Street May 10, 2011 Page 2 Heaven Hollender, Program Director, was sworn in, and she explained that they were looking into alternative parking for physical therapists, nurses, and family members. Commissioner Porada stated, as a matter of disclosure, that he was present for a meeting held on 4/6/10 regarding the group home — but had no comments. Additionally his home is approximately 12 houses away. Commissioner Porada asked that the Petitioner to confirm the statements made in the application. Mr. Williamson confirmed. Commissioner Porada had a concern and requested that no vehicles be parked in the cul-de-sac and that they find alternate sites for parking. He also asked for confirmation of the hours of operation and parking. Mr. Williamson confirmed and further explained that the occupancy may increase but staffing would not unless it was a special circumstance. Commissioner Porada asked how often he and Ms. Hollender were present. Mr. Williamson stated about 5-6 times a year. Ms. Hollender stated that she was present on a daily basis. Commissioner Porada asked how many people were parking on the premises. Ms. Hollender stated that there would be two in the garage, two in the driveway, and three plus the van on the circular drive, plus or minus visitors, deliveries being made. Commissioner Szabo asked if they had a formal agreement with the shopping center for parking the vehicles or if it was a loose agreement. Mr. Williamson stated they were working on obtaining a lease from St. Emily's church for parking. Chairman Seegers asked if there were members of the audience in favor or opposed to the proposal. No audience members raised their hand in objection to the proposal. Mr. and Mrs. John Grimaldi, of 594 Concord Lane, were sworn in and stated that they lived across from the home. It has depreciated the value of the neighborhood. The van drives up on top of the grass and made huge ruts, the house was let go during the winter, the grass did not get cut regularly and looked unkept. The parking was a problem. Someone has parked in front of his mailbox, more than once, and on those days, could not get his mail. He has taken to parking on the street to alleviate the problem. In addition, vehicles are parking on and blocking the sidewalk, as well as blocking the street. The cars parked on both sides of the street and then their vehicle is not able to get drive through the street and has to go around the block. Additionally, the staff and visitors have not been neighborly to the rest of the neighbors. Rose Ruffolo, 813 Concord Court, stated it was a single-family home in a residential neighborhood, found out that it was going to be a group home. She and the neighbors did not want a for-profit company within the community, but it was allowed by Des Plaines and they have welcomed it. She also brought up the parking issues and the house exterior looking unkept as stated before. They were also promised no more than three vehicles would be parked. Elizabeth Unverrichd, of 820 Bershire Lane, was sworn in, stated she was a nurse at the facility. Yes, driving on the grass has happened because of the snow covering the ground, as it has happened to many homeowners. However the grass has recently been replaced. None of the neighbors ever approached her to say hello, ask a question, make comments, etc... Commissioner Porada asked if there have been 14 cars. Ms. Unverrichd stated that it was true, at times. Commissioner Porada asked what would happen if the neighbor complained to her about the parking, what would she do? Ms. Unverrichd stated that they could look to see what could be done to alleviate the problem byincreasing efficiency of parking, and looking into leasing parking elsewhere. Jerry Grein, 793 Berkshire Lane, was sworn in, stated that last April the decision was made for 5 beds and now asking for 8 beds. Her concern was what would happen if that were to be increased again. It used to be a beautiful rambling ranch home. The traffic has increased and parking is terrible and she wasn't sure how leasing other parking would work. Case #11 -010 -CU - 820 Berkshire Lane Case #09 -025 -CU — 583 W. Dempster Street May 10, 2011 Page 3 Chairman Seegers called for the staff report to be read by Scott Mangum. Issue: The petitioner is requesting a Conditional Use Permit under Section 7.2-4-C of the 1998 Des Plaines Zoning Ordinance, as amended, to authorize a Large Residential Care Home in the R-1 District. Analysis: Proposed Use Large Residential Care Home Petitioner Chris Williamson, 306 W. Mill Street, PO BOX 2825, Carbondale, IL 62902 Owner Scott Pitcher, 201 E. Ogden Avenue, Suite 220, Hinsdale, IL 60521 Plan of Operation Provide rehab services to up to eight residents with brain injuries including physical therapy, speech therapy, occupational therapy, and daily living skills. Existing Use Small Residential Care Home Surrounding Land Use North: Water Tank (Pump Station) East: Single -Family Residential, ComEd Transmission Towers South: Single -Family Residential West: Single -Family Residential Existing Zoning R-1, Single -Family Residential Surrounding Zoning North: I-1, Institutional East: R-1, Single -Family Residential South: R-1, Single -Family Residential West: R-1, Single -Family Residential Street Classification Berkshire Lane is identified as a local street in the Comprehensive Plan. Comprehensive Plan The Comprehensive Plan recommends a Single - Family Residential Use for the existing site and surrounding parcels. The applicant, Center for Comprehensive Services, Inc. d/b/a NeuroRestorative Illinois, has requested a Conditional Use Permit to operate a Large Residential Care Home at 820 Berkshire Lane. The applicant was allowed to operate a Small Residential Care Home by issuance of a Zoning Certificate on 9/15/2009. A Small Residential Care Home, providing care for five or fewer persons, is permitted by right in the R-1 Zoning District, while a Large Residential Care Home, providing care for six to ten persons, requires a Conditional Use Permit. The existing single -story home with basement, circular drive and two -car garage is located on an approximately 15,934 square foot lot at the cul-de-sac of Berkshire and Concord Lanes. No exterior modifications are proposed, however, interior modification would create three additional bedrooms on the first level with some existing operations moved to the basement level. Case #11 -010 -CU - 820 Berkshire Lane Case #09 -025 -CU — 583 W. Dempster Street May 10, 2011 Page 4 NemoRestorative Illinois states that they provide rehab services to individuals with brain injuries including physical therapy, speech therapy, occupational therapy, and daily living skills. The applicant states that the addition of three residents will not result in any change to the current traffic or staffing patterns. 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: Large Residential Care Homes are a conditional use in R-1, Single -Family Residential Zoning District, as specified in Section 7.2-4-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 Large Residential Car Home use generally complies with the 2007 Comprehensive Plan, which recommends Single Family Residential for this site. A Large Residential Car Home is a Conditional Use in the R-1 Zoning District. 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 Residential Care Home is currently located within an existing structure, originally designed as a single-family residence. No exterior alterations are proposed to the existing structure. D. The proposed conditional use is not hazardous or disturbing to existing neighboring uses: Comment: None of the functions of the Large Residential Care Home 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. G. The proposed conditional use does not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke fumes, glare or odors: Comment: The proposed addition of three residents is not anticipated to create a significant amount of additional traffic. The residents are not anticipated to have vehicles at the home and staffing levels are not proposed to increase. 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: Case #11 -010 -CU - 820 Berkshire Lane Case #09 -025 -CU — 583 W. Dempster Street May 10, 2011 Page 5 Comment: The proposed project would utilize the existing circular drive for access. Sufficient parking is provided through the two -car garage, driveway, and circular drive. I. The proposed conditional use does not result in the destruction, loss, or damage of natural, scenic, or historic features of major importance: Comment: No exterior alterations are proposed to the existing structure. 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: As proposed, the Large Residential Care Home appears to conform to the specific regulations found in 8.10-3 (General Requirements for Residential Care Homes): A. Every residential care home shall be located at least 1,000 feet from another residential care home, regardless of class, unless the City Council determines that the cumulative effect of such uses would not: 1. Alter the residential character of the neighborhood, 2. Create an institutional setting, and its operation, and 3. Create an adverse effect on surrounding properties. The location is greater than 1,000 feet from another residential care home per the Group Home Map (Attachment 5). B. Each residential care home, prior to admitting residents, shall have proof of compliance with all applicable local and state licensing and code standards, including a State License or Certification. Each home shall also have proof that the sponsoring agency is duly licensed or certified by the State of Illinois. The applicant, Neurorestorative Illinois, has provided License, Permit Certification, and Registration from the State of Illinois Department of Public Health. C. Each residential care home, to the extent possible, conform to the type and outward appearances of the residences in the area in which it is located. The structure housing the Residential Care Home was constructed as a single-family residence and conforms to the character of the neighborhood. D. Prior to occupancy, a Zoning Certificate shall be applied for and issued pursuant to Section 3.3 (Zoning Certificates). The Small Residential Care Home obtained a Zoning Certificate prior to occupancy. The proposed Large Residential Care Home has applied for a Zoning Certificate as part of the Conditional Use process. E. The applicant for the Zoning Certificate shall submit a statement of the exact nature of the residential care home, the qualifications of the agency that will operate the residential care home, the number and the type of personnel who will be employed, and the number and nature of the residents who will live in the residential care home. The Plan of Operation, and addendum, contains information about the agency and operations. Recommendation: The Community Development Department recommends approval of the conditional use permit modification request for the Large Residential Care Home, based on review of the information presented by the Case #11 -010 -CU - 820 Berkshire Lane Case #09 -025 -CU — 583 W. Dempster Street May 10, 2011 Page 6 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 the following conditions of approval: 1. The number of residents being cared for shall be limited to no more than eight. Zoning Board of Appeals Procedure: Under Section 3.4-4-C of the Zoning Ordinance (Conditional Uses) 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 modification for the Large Residential Care Home in the R-1 zoning district. The City Council has the final authority on the project. Commissioner Porada stated that when the home was initially allowed in 2010 by the City because it met the City's requirements. Further, the Fair Housing Act of 1988 (42 USC 3604) states that as a matter of right a facility of no more than five people is allowed. However, the local municipality (City of Des Plaines in this case) can impose conditions. Commissioner Saletnik stated there were many issues to be considered, especially the rights of the rest of the neighbors to be able to park on their own cul-de-sac. He agreed that the parking problem needed to be resolved. Mr. Williamson stated that they acknowledge and would address the parking problems with the hope of leasing parking from St. Emily's. They also acknowledge that the grass had been driven on, that the landscaping is being addressed, and would hold an open house for the neighbors to come in and visit. Commissioner Szabo asked if it would make sense for the staff to park at St. Emily's and the visitors at the home. The van could ferry the employees back and forth. Mr. Williamson agreed. Mr. Williamson summarized the letter from the Brain Injury Association of Illinois supporting their mission. Ms Hollender stated that the parking was an issue and they were working on this problem, she welcomed the neighbors and their questions and comments. She also reminded everyone of what their role was in caring for people with brain injuries to be close to their communities and families. Mr. Miller stated they have a good neighbor policy and are serious about it. There are no insurmountable obstacles, that they would resolve the parking issue. Further, they would do whatever it took to fit in the neighborhood and, most importantly, give the best care possible for their patients. Sue Trainer, of 815 W. Milburn Avenue Mt. Prospect, was sworn in, stated that her husband has a serious brain injury and lived at that home. It was the best thing that ever happened to him. He's been abused in a nursing home, and then they tried to take care of him at home, but could not. Her husband is now getting excellent care at the home. Commissioner Porada stated that the April 2010 meeting was an informational, public meeting to explain to the neighbors that the use was a permitted use and the Petitioner was entitled to the five -bed home. Further, what the Petitioner does is a noble mission and purpose. However, increasing the five -bed to an eight -bed home may not be appropriate for an R-1 neighborhood. He also pointed out that there were two ways in and out of the neighborhood. Chairman Seegers summarized that the case regarded the expansion of five -bed to an eight bed home. He pointed out that the facility would not be changing in size outwardly. The ZBA would give a recommendation to the City Council and give them our opinion. Commissioner Szabo requested that the Petitioner show evidence of a lease agreement for alternative parking for the staff and have this placed in the motion. Chairman Seegers stated that it could be put in the motion. Case #11 -010 -CU - 820 Berkshire Lane Case #09 -025 -CU — 583 W. Dempster Street May 10, 2011 Page 7 Commissioner Hotherr stated that the major problem is the parking situation. He commended the staff and Petitioner for doing the work they do. However, he would like this based on the condition that the parking problem had to be resolved before any building permits were given them. Allowed parking on the premises would be for 2 in the garage, 2 in the driveway and 3 in front. The rest would have to be allocated somewhere else. Mr. Williamson stated that they would have a lease agreement within thirty days. Chairman Seegers stated that they could stipulate that as a condition they would recommend to the City Council Commissioner Porada stated that he did not see how it would ever be workable and be able to tell the petitioners, employees, or visitors, cannot park on a public street. The condition is legally unenforceable. As long as the vehicle is properly licensed, not blocking a hydrant, and properly and legally parked, there is nothing that can be done. Chairman Seegers stated that the leased parking would be for employees and staff—not visitors Commissioner Szabo stated that he concurred that the lease parking would be for employees/staff and workable. Commissioner Saletnik also concurred and further recommended that the street be striped to mark legal parking spaces, which would also alleviate the problem. A motion was made by Commissioner Szabo, seconded by Commissioner Catalano, to recommend approval of a Conditional Use Permit under Section 7.2-4-C of the 1998 Des Plaines Zoning Ordinance, as amended, to authorize a Large Residential Care Home in the R-1 District with the following conditions: 1. The number of residents being cared for shall be limited to no more than eight. 2. Within 30 days or prior to City Council meeting obtain a lease agreement for 8 off-site staff parking spaces. AYES: Catalano, Hotherr, Saletnik, Seegers, Szabo NAYES: Porada MOTION CARRIED 0000 Case Number: 09 -025 -CU Address: 583-609 W. Dempster Street Petitioner: Jay Davis, 609 W. Dempster Street, Des Plaines, IL 60016 Owner(s): The Salvation Army, 5040 N. Pulaski, Chicago, IL 60630 Request: The petitioner is requesting a Conditional Use Permit under Section 7.2-4-C of the 1998 Des Plaines Zoning Ordinance, as amended, to authorize the expansion of parking areas at an existing Place of Worship in the R-1 District. Mike Dudley, Architect, and David Martinez, Salvation Army Corps Officer, were sworn in. Mr. Dudley stated it was an existing Salvation Army with parking. They propose to put in additional parking (34 spaces). There is an existing drive from Dempster and an additional one off King Lane. They will also install fencing and landscaping Case #11 -010 -CU - 820 Berkshire Lane Case #09 -025 -CU — 583 W. Dempster Street May 10, 2011 Page 8 requirements. He also went into details on the types of trees (i.e.: birch, maple, etc.), various shrubs, and arbor vitae as noted on their landscape plan. Commissioner Porada confirmed the addresses of the property owned by the Salvation Army. He asked what type of fence was used between their property and other neighboring property. Mr. Dudley answered that they do have an existing stockade fence and would be installing a new fence on the proposed parking property between 567 and Dempster parking lot. Mr. Dudley stated that the existing fence belongs to the neighbors. However, the Salvation Army would be in agreement to install a new fence which would border the parking areas, and in some places would be parallel to the neighbors' fences, so it would be contiguous as required by City's ordinances and requirements. Commissioner Porada asked about the curb cuts, number of parking spaces, on -street parking, etc. Mr. Mangum reviewed and repeated what was incorporated in the staff memo, and further explained the row of parking that is currently located in the City right-of-way. Commissioner Porada stated that, to cut to the chase, the City recommended approval with condition of getting back their parkway. He also reviewed the amounts and locations of the parking spaces, along with verifying existing sidewalk locations. Mr. Dudley concurred, and stated that they could have a sidewalk installed in front of W. King Avenue. Mr. Dudley stated that they were reconfiguring the parking aisles to be diagonal spaces. Commissioner Porada stated that the Petitioner had a win-win situation whether the case were to be approved or denied. Commissioner Hofherr stated he asked about replacing the green area with the parking and storm water retention. Mr. Dudley stated that they would have to install restrictors to hold water for a period of time with a tie in to Dempster and possibly with the storm lines on the other side of Dempster. Commissioner Szabo stated that the Petitioner show the Council the water retention plans they had Chairman Seegers stated there were also other methods such as porous surface parking. Further discussion was had between the Commissioners and Mr. Mangum regarding the number of parking spaces, the restoration of the parkway, and loss of a number of parking spaces due to the restoration of the parkway. David Martinez stated that they would concede the parkway to the City to have their proposed parking area. They had normal business hour programs, with additional programs on Thursday and on Sunday. They also had a few once -a -year programs. They have had small carnivals and rummage sales in their front grassy area. Chairman Seegers asked if there were members of the audience in favor or opposed to the proposal. No audience members raised their hand in objection to the proposal. Ms. Schinberg, 791 Beau Drive, stated she had 2 concerns regarding the additional parking and additional traffic. She does not know the results of the traffic study. She had a concern regarding traffic on Beau Drive as there are already many accidents and the traffic backup on Beau Drive. Mr. Mangum read the results of the traffic study done by KLOA, which concluded there would not be an impact on the traffic. Commissioner Catalano further clarified that there would be no additional programs or traffic. It was just taking parking off the street and onto their lot. Deeder Fisher, 556 King Lane, stated that he has owned two houses on King Lane (556 and 542 King Lane). Since the Salvation Army moved in, there is a lot of water runoff and seepage, into his yard— their sump pump constantly goes off, their garage settled due to this. The parking would only add to the problem. In addition, the lights on the house the Salvation Army owns have spotlights that shine directly into their bedroom. Before the Salvation Army Case #11 -010 -CU - 820 Berkshire Lane Case #09 -025 -CU — 583 W. Dempster Street May 10, 2011 Page 9 went in they enjoyed the sunshine, now they sit on the patio and stare at the building. The called the Salvation Army a slumlord due to no one taking care of their house — grass a foot or more tall — transients living there on and off. The street is full of potholes. The water has nowhere to go with an impermeable surface and would only add to their water runoff problems. Also, since the Salvation Army went in their taxes have gone up. In addition, it is dangerous to walk along the parking lot since it's even with the street and drivers just drive out directly onto King Drive. He also had a complaint about the big trucks driving through. Chairman Seegers stated the parking lot would be re -engineered. Sharon Duffy, 553 W. Dempster Street, stated that they do not want the parking lot. They were not informed of two houses being torn down and a parking lot popping up. They are afraid of more traffic, putting up new buildings, etc. They want it to stay a residential neighborhood. Bill Hughzer, Monroe and King Lane, stated that before the Salvation Army went in, it was a Baptist church. Since they (Salvation Army) moved in, they have had numerous problems with the water seepage and runoff. Their basement floods up to 10", they changed their sump pump, which burns out in a year. They have had the city's building engineer go out and could not find anything. If they (petitioner) put up the parking lot, their place and their neighbors will be flooded. Mr. Finwick of 501 W. Dempster Street, stated that the Petitioner does not need a parking lot. Chairman Seegers asked that the Staff Report be read. Staff Report Issue: The petitioner is requesting a Conditional Use Permit under Section 7.2-4-C of the 1998 Des Plaines Zoning Ordinance, as amended, to authorize the expansion of parking areas at an existing Place of Worship in the R-1 District. Analysis: Proposed Use Place of Worship (Salvation Army) Petitioner Jay Davis, 609 W. Dempster Street, Des Plaines, IL 60016 Owner The Salvation Army, 5040 N. Pulaski, Chicago, IL 60630 Plan of Operation Sunday Services and Sunday school at 9:30am and 10:45am, Saturday afternoon service at 12:00pm. General Office hours from 8:30am to 4:30 pm with small group activities in the evenings. Thursday food pantry from 9:00am to 12:00pm and 1:00pm to 2:45pm. One to two special event gatherings monthly. Existing Use Place of Worship Surrounding Land Use North: Single -Family Residential East: Single -Family Residential South: Single -Family Residential West: Two -Family Residential Existing Zoning R-1, Single -Family Residential Surrounding Zoning North: R-1, Single -Family Residential East: R-1, Single -Family Residential South: R-1, Single -Family Residential Case #11 -010 -CU - 820 Berkshire Lane Case #09 -025 -CU — 583 W. Dempster Street May 10, 2011 Page 10 West: R-3, Townhome Residential Street Classification Dempster Street is identified as a collector street in the Comprehensive Plan Comprehensive Plan The Comprehensive Plan recommends a Single -Family Residential Use for the existing site and surrounding parcels. The Salvation Army has requested a Conditional Use Permit to increase onsite parking at an existing Place of Worship. The existing church and 47 -space parking lot are located on three parcels totaling approximately 43,635 square feet. The Salvation Army has acquired three single-family residences (563, 583, and 597 W. Dempster Street) to the east of the existing church. A 34 -space parking lot is proposed on the two parcels adjacent to the church (583 and 597 W. Dempster Street). The two single-family residences have since been demolished leaving the two parcels, totaling 21,875 SF (175' wide by 125' deep), vacant. No development is proposed on the third parcel. In 2006 the Salvation Army applied for a Conditional Use Permit and Variation to construct the parking within the 25' front yard setback, but that request was withdrawn. The current submittal proposes a 25' setback and meets code landscape requirements; therefore, a variation is not requested. Additionally, the church has proposed to construct a 6' high fence and proposes a 7' wide landscape buffer with six shade trees to act as a buffer between the parking lot and the two adjacent single-family residences to the South. The Engineering Division of the Department of Public Works reviewed the traffic study prepared by Kendig, Lindgren, O'Hara, Aboona, Inc. (KLOA) and concluded that given the relatively small size of the use, the traffic study is sufficient in providing enough information to reasonably evaluate the proposed parking lot expansion. And even factoring up the peak hour numbers, the anticipated traffic would not be expected to overwhelm the affected intersections, particularly given that there is no building expansion or proposed change in use. The Engineering Division does recommend abandoning the existing southernmost row of parking that is within the City's right-of- way so that the parkway can be restored, sidewalk extended, and entering/exiting traffic limited to formal driveways. This recommendation is included in the Conditions of Approval. The proposed parking lot expansion would add 34 parking spaces to the existing parking field of 47 spaces. The removal of the 12 existing spaces within the parkway would result in a net increase of approximately 24 spaces over current conditions. While 12 spaces in the parkway portion of the lot would be lost, the restoration of the parkway would allow for an approximately 24' buffer from the street, improve the pedestrian environment, and add approximately 4-6 parallel on -street parking spaces. The sanctuary currently provides fixed seating for approximately 176 persons. Based on the current Zoning Ordinance requirement of 1 parking space per 4 seats, a new Church of the same size would require a minimum of approximately 44 parking spaces. 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: Places of Worship are a conditional use in R-1, Single -Family Residential Zoning District, as specified in Section 7.2-4-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 Place of Worship use generally complies with the 2007 Comprehensive Plan, which recommends Single Family Residential for this site. A Place of Worship is a Conditional Use in the R-1 Zoning District. 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: Case #11 -010 -CU - 820 Berkshire Lane Case #09 -025 -CU — 583 W. Dempster Street May 10, 2011 Page 11 Comment: The Salvation Army is located within an existing structure. No additions are proposed to the existing structure. D. The proposed conditional use is not hazardous or disturbing to existing neighboring uses: Comment: None of the functions of the Salvation Army 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. G. The proposed conditional use does not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke fumes, glare or odors: Comment: The proposed parking lot expansion is not anticipated to create a significant amount of additional traffic. It is anticipated that the parking lot expansion will reduce the amount of parking as well as vehicular and pedestrian traffic on surrounding residential streets. 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 the existing curb cuts on Dempster Street and King Lane for access. A condition of approval to close a portion of the existing curb cut that runs the length of the King Lane frontage would prevent cars from backing out onto King Lane. 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 parking lot expansion would be located adjacent to the site of the existing church. The proposed plan would add impervious surface, but would not cause the destruction, loss, or damage of any natural, scenic, or historic features of major importance. I The proposed conditional use complies with all additional regulations in the Zoning Ordinance specific to the conditional use requested: Comment: As proposed, the parking lot expansion appears to conform to all other zoning regulations. Recommendation: The Community Development Department recommends approval of the conditional use permit modification request for the expansion of parking at a Place of Worship, based on review of the information Case #11 -010 -CU - 820 Berkshire Lane Case #09 -025 -CU — 583 W. Dempster Street May 10, 2011 Page 12 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 the following conditions of approval: 1. Prior to issuance of the parking lot permit, the applicant shall revise the parking lot plan to restore the parkway along King Lane, extend the sidewalk, and limit entering/exiting traffic to formal driveways to the satisfaction of the Director of Public Works and Engineering. 2. Prior to issuance of the parking lot permit, the applicant shall construct a solid opaque view -screen fence 6 feet in height shall be erected along one hundred percent of the yard length of the south property line of the proposed parking lot. Zoning Board of Appeals Procedure: Under Section 3.4-4-C of the Zoning Ordinance (Conditional Uses) 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 modification for the expansion of parking at a Place of Worship in the R-1 zoning district. The City Council has the final Chairman Seegers asked the Petitioner if there were plans to expand. Mr. Martinez stated that previous expansions were done with the City's permission. There is no time line to expand in the future. This would depend on their needs. The additional parking lot would alleviate a lot of the concerns expressed. Commissioner Porada asked if the homes on King are on a lower elevation than the Petitioner's. Mr. Mangum stated they appear to be. Commissioner Porada asked if the parking lot would be engineered in such a way to alleviate the runoff. Mr. Dudley stated there would be a curb around the parking lot, which would alleviate the water runoff as the water would be drained and re-routed to the north. Mr. Dudley stated they did not know about the lights shining into their home. The lights would be re -engineered. Commissioner Porada stated that the case was for a conditional use for a parking lot and the City recommended approval, which was all that was relevant at the meeting. The Petitioner has a right to develop their property as they see fit. Chairman Seegers stated that the comments heard strengthen the recommendation for approval Commissioner Porada asked that the R-1 has the Salvation Army as a conditional use and building the gym would be permitted. Mr. Mangum stated that a future building expansion would require a modification to the conditional use and that the gym would be an accessory use. Chairman Seegers stated that the concerns voiced by the neighbors would be taken into consideration. He pointed out that the parking lot would have to be engineered in such a way to not be a detriment to the neighbors from the water drainage, flooding, and retention. Commissioner Hotherr stated that the neighbors should contact their alderman about the flooding problem. A motion was made by Commissioner Szabo, seconded by Commissioner Hofherr, to recommend approval of a Conditional Use Permit under Section 7.2-4-C of the 1998 Des Plaines Zoning Ordinance, as amended, to authorize the expansion of parking areas at an existing Place of Worship in the R-1 District with the following conditions: 1. Prior to issuance of the parking lot permit, the applicant shall revise the parking lot plan to restore the parkway along King Lane, extend the sidewalk, and limit entering/exiting traffic to formal driveways to the satisfaction of the Director of Public Works and Engineering. Case #11 -010 -CU - 820 Berkshire Lane Case #09 -025 -CU — 583 W. Dempster Street May 10, 2011 Page 13 2. Prior to issuance of the parking lot permit, the applicant shall construct a solid opaque view -screen fence 6 feet in height along one hundred percent of the yard length of the south property line of the proposed parking lot, the east property line of the proposed parking lot, and the east property line of the existing parking lot. 3. The parking lot to be approved by the City Engineering Department to ensure no run off to the adjacent properties AYES: Catalano, Hotherr, Porada, Saletnik, Seegers, Szabo NAYES: MOTION CARRIED 0000 The meeting was adjourned at 10:25 p.m. by unanimous voice vote. The next meeting of the Des Plaines Zoning Board of Appeals is on Tuesday, May 31, 2011. Sincerely, A.W. Seegers, Chairman Des Plaines Zoning Board of Appeals cc: City Officials Aldermen Zoning Board of Appeals