Loading...
12/11/2012IF DES PLAINES ZONING BOARD OF APPEALS Un m �� December 11, 2012 tL MINUTES DES PLAINES ILLINOIS The Des Plaines Zoning Board of Appeals Commission held its regularly scheduled meeting on Tuesday, December 11, 2012, at 7:30 P. M., in Room 102, City Council Chambers, of the Des Plaines Civic Center. ZONING BOARD OF APPEALS PRESENT: Catalano, Hotherr, Porada, Saletnik, Schell, Seegers, Szabo ABSENT: None Also present was Senior Planner, Scott Mangum, Department of Community and Economic Development. Chairman Seegers called the meeting to order at7:34 P.M. Chairman Seegers directed that the following case would be heard: Case 11070-V: 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 G5, Central Business Zoning District. A motion was made by Board Member Hofherr seconded by Board Member Saletnik to approve the minutes of the November 27, 2012, hearings with the addition of a note that the petitioner brought up the issue of property taxes prior to Board Member Hofherr's follow-up question. AYES: Catalano, Hother, Porada, Saletnik, Schell, Seegers, Szabo NAYES: None MOTION CARRIED 15551563 Ellinwood Avenue Case 11070 -CU 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 G5, Central Business Zoning District. Petitioner: Jim Kaiser (U.S. Bank), 14 E. 8a Street, Covington, KY 41011 Owner(s): EIIDP, LLC, 751 Graceland Avenue, Des Plaines, IL 60016 The following individuals were sworn in: Dan Dowd, Attorney William Fanter, US Bank Jim Kaiser, Architect, PCA Architecture Javier Milan, Senior Traffic Consultant, KLOA James Duerr, Realtor Case # 12-070-CU 1555-1563 Ellinwood Ave December 11, 2012 Page 2 Board Member Porada stated that he would recuse himself from the hearing based on previous financial dealings with Mr. Duerr and stepped down from the dais. Mr. Dowd briefly described the request and introduced the individuals and the subject matter that they would be presenting. Mr. Dowd explained that US Bank would likely leave their current location in the 700 block of Lee Street and wished to remain in the downtown area. He stated while the bank was a permitted use, the drive-through requires a conditional use permit. He stated that US Bank believes the drive-through offers convenience and safety to customers. Although the drive-through does not comply with the Comprehensive Plan he believes that testimony presented will mitigate these concerns based on the current development conditions. Mr. Fanter stated that there is 24 months remaining on the lease at 750 Lee Street and that US Bank would like to remain in the downtown are to serve their existing customer base. Board Member Saletnik asked if there was a possibility of remaining at 750 Lee Street. Mr. Fanter stated that there was not. The bank was hoping to purchase a property in downtown, but alternate options are to relocate services to the existing branch at Oakton and Lee Street or to another community. Board Member Hofherr asked if there was another prospective tenant at 750 Lee Street. Mr. Fanter answered that he did not know. In response to questions from Mr. Dowd, Mr. Kaiser described the proposed site layout and building design. Mr. Kaiser stated that they would prefer 12-foot wide driveways, but the current design with 20-foot wide driveways reflects comments by the Fire Department. He also stated that the area around the ATM would be fully lit in addition to security cameras. Board Member Catalano asked about the Fire Department comments regarding the driveway width. Mr. Kaiser stated that he did not believe Fire Truck access was required through the Building Code as the driveways would not be considered required Fire Lanes. Chairman Seegers asked if additional tenants were proposed in the building. Mr. Kaiser stated that US Bank would be the only tenant In response to questions from Mr. Dowd, Mr. Milan summarized the traffic study stating that the use would have low trip generation and that the one-way paired driveways would not be detrimental to pedestrians with recommended audible or visual signals. Chairman Seegers asked if there was concern with driveways on the adjacent site. Mr. Milan stated that the facility to the west also had low traffic volumes which are typical of banks today. Board Member Saletnik asked about the experience of other US Bank branches. Mr. Fanter stated that the majority of branches were locations, including mid-block locations that provides are easier to access than a comer location. Mr. Fanter estimated that about one third of branch location were similar to the downtown Des Plaines location, citing Geneva, IL as an example. In response to questions from Mr. Dowd, Mr. Duerr stated that as real estate broker for the seller they had looked into mixed use, but did not believe residential was viable on the site. He did indicate that the owner was looking to assemble land on Lee Street. He also noted that the property management office to the east was not interested in selling, that the Olivetti's site was being marketed, and that the proposed use would be in close proximity to the train station. Mr. Duerr indicated that financing for projects, including residential would be difficult to obtain in the near future. Mr. Duerr referenced his experience working on development projects in downtown Mt. Prospect, Palatine, and Arlington Heights. Board Member Saletnik asked Mr. Duerr which of the downtown's he considered to be most successful. Mr. Duerr anwered Palatine. Board Member Saletnik asked his opinion of Arlington Heights and Park Ridge downtown Case # 12 -070 -CU 1555-1563 Ellinwood Ave December 11, 2012 Page 3 development. Mr. Duerr stated that there were different demographics in Park Ridge and that Arlington Heights had used TIF financing. Board Member Hofherr asked how many employees would be present compared with the 11 parking spaces proposed. Mr. Farrier stated that 8 would be the most employees present because some employees would not be at that location full-time. Mr. Kaiser also pointed out that customers would likely use the on -street parking spaces. Chairman Seegers asked Mr. Mangum to read into the record the summary of the staff report. Mr. Mangum summarized the following staff report for the record: 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: 1555-1563 Ellinwood Street Petitioner: Jim Kaiser (U.S. Bank), 14 E. 8" Street, Covington, KY 41011 Owner(s): EI DP, LLC, 751 Graceland Avenue, Des Plaines, IL 60016 PINS: 09-17-421-024-0000,09-17-421-034-0000 Plan of Operation The financial institution with drive-through facility would be open Monday through Friday from 8:00 am to 6:00 pm (Lobby 9:00 a.m. to S:OOpm) and Saturday from 8:00 am to 100 pm (Lobby 9:00 a.m. to 1:OOpm) and would have approximately 10 full-time employees. Existing Use Vacant land, former bowling alley, lounge, and dry cleaners site Surrounding Land Use North: UP Metra Tracks, Multi -Family Residential East: Commercial (office) South: Utility Services (Telephone Company) West: Commercial (financial institution) Existing Zoning G5, Central Business Zoning District Surrounding Zoning North: C-5, Central Business East: G5, Central Business South: G5, Central Business West: GS, Central Business Street Classification Ellinwood Street is designated as a local street in the Comprehensive Plan. Comprehensive Plan The Comprehensive Plan recommends High Density Mixed Use. 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 1555-1563 Ellinwood Street. 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 25,849 square foot (0.59 acre) property located on the south side of Ellinwood Case # 12 -070 -CU 1555-1563 Ellinwood Ave December 11, 2012 Page 4 Street consists of three lots. The property was previously developed with a bowling alley, lounge, and dry cleaners. All structures have been demolished and the site is now cleared. The subject site has 150 -feet of frontage on Ellinwood Street. A 3,872 square -foot US Bank building is proposed to be constructed near the north property line. Eleven 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 six parking spaces is required. 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. Right -in ingress and right -out egress is proposed with 20 -foot wide driveways located both east and west of the building. The provision of two access drives on Ellinwood Street will result in a net loss of three on -street parking spaces. 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 bank. • The drive-through lane will provide adequate stacking distance to accommodate the bank's drive-through demand. • In order to mitigate the conflicts that could occur between outbound traffic and pedestrians along Ellinwood Street, it is recommended that audible signal warning devices be provided. • 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. I concur with the general conclusion of the traffic study that the site -generated traffic will not have significant impact upon the existing roadway system when the roadway system is only viewed from the perspective of the automobile. However, given the downtown business -district, pedestrian and transit -oriented location of the site, the impact upon the pedestrian network must also be considered. And from that standpoint, the addition of two curb cuts serving an off-street parking lot and three drive-thru lanes, will have a significant impact upon the pedestrian environment and makes the proposed development less than ideal. 2. While not recommended, if the two new curb cuts are to be approved, then the width should be significantly reduced from the proposed 20 -foot widths. The proposed 20 -foot width for one-way flow is well in excess of what is needed and exacerbates the already troubling impact upon the pedestrian network in this downtown location. Barring other factors (e.g. long length that requires passing zones to avoid blockage, vehicles having to enter the driveway from a high-speed roadway, cramped turning conditions) a 12 -foot width for the ingress and egress lanes should be sufficient to accommodate any vehicles needing to use the entrance. [Note: The width of a street legal vehicle is 8 feet. The typical width of a roadway lane is 11 feet and can accommodate passenger vehicles as well as full-size tractor -trailer trucks. This lane width is expanded to 12 feet on expressways given the speed and vehicle interaction.] 3. While the need for an audible signal warning device is a ready sign that a drive-thru lane is not appropriate for this zero -setback pedestrian location, I would agree that if the curb cuts are approved, such a system should be installed due to the lack of any sight line between automobiles exiting the drive and pedestrians walking along the sidewalk. Care should be taken to select a system that provides the necessary alert to pedestrians, but is not overly disruptive (e.g. loud, bright) to the surrounding businesses or the general atmosphere along the sidewalk. 4. Again, if the curb cuts are approved, the sidewalk should extend through the drive lane, and not vice -versa. This is necessary to preserve the safety of pedestrians by making the walkway clear to vehicles exiting the bank. Ideally, the sidewalk crossing the driveway would have decorative treatment consistent with the rest of the downtown streetscaping, in order to avoid detracting from the investment the City has made and is continuing to make in the downtown pedestrian streetscaping. 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: Case # 12 -070 -CU 1555-1563 Ellinwood Ave December 11, 2012 Page 5 A. The proposed conditional use is in fact a conditional use established within the specific Zoning district involved 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. Ellinwood Street is identified as a pedestrian - oriented street in Figure 12. 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. 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 comments by the Police Department 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. 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. Case # 12 -070 -CU 1555-1563 Ellinwood Ave December 11, 2012 Page 6 An audible signal warning device is recommended by the traffic study to warn pedestrians of exiting vehicles. The type of signal should be reviewed by planning and engineering staff to ensure that it does not create a nuisance for the community. 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 Ellinwood Street. Ellinwood Street is designated as a local street in the Comprehensive Plan. A traffic study prepared by Kemg, 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 cause the destruction, loss, or damage of any natural, scenic or historic features of major importance. The previous structures, including Sims Bowl and its iconic sign, have already been removed from the site. 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 does not recommend that the Zoning Board of Appeals recommend approval 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 applicants requested relief, potential conditions of approval that could be considered include: 1. Prior to issuance of a building permit, the applicant shall provide a site plan with driveways that are not wider than 12 - feet at the property line and sidewalk crossings of the driveways that have decorative treatment consistent with the rest of the downtown streetscaping to the satisfaction of the Directors of Community and Economic Development and Public Works and Engineering. 2. Prior to issuance of a building permit, the applicant shall submit plans for an audible signal warning device that provides the necessary alert to pedestrians, but is not overly disruptive (e.g. loud, bright) to the surrounding businesses or the general atmosphere along the sidewalk to the satisfaction of the Directors of Community and Economic Development and Public Works and Engineering. 3. 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. 4. 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. 5. 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. Board Member Catalano asked if the petitioner had reviewed the conditions. In response to the condition reflectiong Police Department comments about the location of the ATM, Mr. Kaiser and Mr. Farrier explained that they felt the Case # 12 -070 -CU 1555-1563 Ellinwood Ave December 11, 2012 Page 7 location of a drive-through ATM at the rear was preferred as customers would be safer while accessing the ATM in their vehicles as opposed to at a walk-up ATM in front. Board Member Szabo inquired whether they had considered constructing the bank without a drive-through similar to the Citibank on the adjacent block. Mr. Fanter stated that they did not, due to the convenience that a drive-through provides their customers. Board Member Szabo asked about the use of the rear portion of the lot. Mr. Kaiser stated that it would be landscaped to reduce paved area and indicated that many bank buildings are LEED Certified. Mr. Saletnik stated that he felt the City Council should consider the assemblage of parcels and the Comprehensive Plan. Board Member Saletnik asked the petitioner how difficult it would be to assemble land on the block. Mr. Duerr stated that the deeper parcels on Lee Street were more viable to assemble. Board Member Saletnik stated his vision that multiple sites could be developed with higher intensity in downtown and that there was a limited amount of land available for development in downtown. Mr. Dowd stated that the City did not acquire the Sim's Bowl property previously and didn't believe there was an appetite to acquire the land now. Board Member Szabo pointed out that the property was landlocked if the property to the east did not want to sell. Chairman Seegers asked for members of the audience in support of the proposal. There were none. Carol Blackwood, Senior Vice President for Village Bank and Trust, stated concerns with the number of financial institutions present on Ellinwood, landscape buffers, future increases in traffic conflicts as their client base increases, and signage. Mr. Kaiser stated that narrower driveways would allow for additional landscaping. He stated that typically a 2 -foot by 2 -foot directional sign would be located at the point of ingress. Mr. Fanter stated that the typical size of an ATM sign was also 2 -feet by 2 -feet Chairman Seegers asked for a motion by the Board. A motion was made by Board Member Catalano seconded by Board Member Szabo to recommend approval of a conditional use permit to allow a drive-through facility at a financial institution subject to the conditions in the staff report with the modification that the driveway width shall be worked out between Fire Department and Engineering staff. AYES: Catalano, Szabo NAYES: Holbert, Saletnik, Schell, Seegers MOTION FAILED A motion was made by Board Member Hofherr seconded by Board Member Saletnik to recommend disapproval of a conditional use permit to allow a drive-through facility at a financial institution. AYES: Holbert, Saletnik, Schell, Seegers NAYES: Catalano, Szabo Case # 12 -070 -CU 1555-1563 Ellinwood Ave December 11, 2012 Page 8 MOTION CARRIED Meeting adjourned at 8:57 p.m.