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11/08/2016Case #16-068-V-645 Meadow Drive -Variation Request Case #16-072-CU-1550 Mt. Prospect Road -Conditional Use Permit Case #16-054-TA-Citywide-Text Amendment November 8, 2016 Page 1 ALDEs PLAINES I LLINOIS DES PLAINES PLANNING AND ZONING BOARD MEETING November 8, 2016 MINUTES The Des Plaines Planning and Zoning Board Meeting held its regularly -scheduled meeting on Tuesday, November 8, 2016, at 7 p.m. in Room 102 of the Des Plaines Civic Center. ZONING BOARD PRESENT: Bader, Green, Catalano, Saletnik, Hofherr, Schell, Szabo ALSO PRESENT: Johanna Bye, AICP, Senior Planner/Community & Economic Development Lauren Pruss, AICP, Coordinator/Community & Economic Development Gale Cerabona/Recording Secretary Chairman Szabo called the meeting to order at 7:02 p.m. and read this evening's cases. Roll call was conducted. APPROVAL OF MINUTES A motion was made by Board Member Hofherr, seconded by Board Member Catalano, to approve the minutes of October 25, 2016, as amended (page 2, 2d paragraph — delete the word if and page 4, last line — alter the word difference to different). AYES: Hofherr, Catalano, Bader, Green, Saletnik, Schell, Szabo NAYES: None ***MOTION CARRIED UNANIMOUSLY*** PUBLIC COMMENT There were no comments. NEW BUSINESS 1. Address: 645 Meadow Avenue Case 16-068-V The petitioner is requesting a Major Variation from Section 12-8-1(c)5 of the 1998 Des Plaines Zoning Ordinance, as amended, to allow for an 896 square foot detached garage, whereas 720 square feet is the largest permitted, in the R-1 Single -Family Residential District. PIN: TBD Petitioner: Mark and Tricia Johler, 1038 Woodlawn Avenue, Des Plaines, IL 60016 Owner: Mark and Tricia Johler, 1038 Woodlawn Avenue, Des Plaines, IL 60016 Case #16-068-V-645 Meadow Drive -Variation Request Case #16-072-CU-1550 Mt. Prospect Road -Conditional Use Permit Case #16-054-TA-Citywide-Text Amendment November 8, 2016 Page 2 Chairman Szabo swore in Mark and Tricia Johler, 1038 Woodlawn Avenue, Des Plaines, IL 60016. Mr. Johler advised they wish to build an accessory structure (garage). Board Member Hofherr asked: • coming up the driveway, if there will be two garages. Mr. Mark Johler advised — yes • how many cars there will be. Mr. Mark Johler advised — 5 in total Chairman Szabo asked if the Board has further questions. Board Member Catalano asked Staff, based on the lot size which is approximately three times the square footage required for a new lot in the R-1 district, if three lots could be there if subdivided. Senior Planner Bye concurred. Coordinator Pruss stated there is restricted access from Rand Road. Mr. Robbie Johler stated they never looked into that option; there is access only off of Meadow Drive. Coordinator Pruss reiterated she does believe there may be restricted access from Rand Road. Senior Planner Bye stated the location map in the packet is before the property was subdivided. Board Member Schell asked if this would approximately be built on 'A acre. Mr. Mark Johler advised — yes. Chairman Szabo asked if there are further questions. Board Member Catalano clarified and Senior Planner Bye confirmed the first variation is for the second garage, and the second variation is an increase of 150 to 896 sq. ft. Mr. Robbie Johler stated the intention was to have enough space for their car collection. Board Member Hofherr asked if petitioner has spoken with the neighbors. Mr. Mark Johler advised — yes. Chairman Szabo asked: • what the barn is used for. Mr. Robbie Johler advised — a lawn mower • how many sq. ft. the barn is. Mr. Robbie Johler advised — 4,500 sq. ft. Chairman Szabo asked if there are further questions. There were none. Chairman Szabo asked Staff to provide the Staff Report which Senior Planner bye did: Issue: The petitioner is requesting Major Variations to Section 12-8-1 of the 1998 City of Des Plaines Zoning Ordinance, as amended, to allow for the construction of: 1) two (2) accessory garages for a proposed single- family home and 2) an 896 square -foot detached accessory garage where a maximum of 150 square feet is permitted for a detached accessory structure in the R-1 zoning district. Analysis: Address: 645 Meadow Drive Owners: Mark and Tricia Johler, 1038 Woodlawn Avenue, Des Plaines, IL 60016 Petitioner: Mark and Tricia Johler, 1038 Woodlawn Avenue, Des Plaines, IL 60016 Case Number: 16-068-V Real Estate Index Number: TBD Ward: #7, Don Smith Case #16-068-V-645 Meadow Drive -Variation Request Case #16-072-CU-1550 Mt. Prospect Road -Conditional Use Permit Case #16-054-TA-Citywide-Text Amendment November 8, 2016 Page 3 Existing Zoning: R-1 Single -Family Residential District Existing Land Use: Residential Surrounding Zoning: North: Single -Family Residential South: Single -Family Residential East: Single -Family Residential West: Single -Family Residential Surrounding Land Use: North: Residential South: Residential East: Residential West: Residential Street Classification: Meadow Drive is a local road Comprehensive Plan: The Comprehensive Plan designates the site Traditional Single Family In reviewing this variation request, staff has considered the following information: The approximately 18,220 square -foot lot has 78 feet of frontage on Meadow Drive. The lot is conforming and exceeds both the minimum lot width (55 feet) and lot size (6,875 square feet) required for parcels in the R-1 zoning district. The lot was recently created through a subdivision of 395 N. 8th Avenue and is currently unimproved. The petitioner/property owner has submitted a building permit application for a new, two-story stone and siding residence of approximately 2,500 square feet. The first variation requested is to allow for the proposed single-family home to have two accessory garages. The petitioner is proposing a detached accessory three -car garage in addition to an attached accessory three - car garage. The second variation requested is to allow a detached garage of 896 square feet, where a maximum of 150 square -feet is permitted, given the proposed attached accessory garage. The applicant states the need for adequate covered, secure parking for the family's car collection as the reason for the two garages. Recommendation: Staff recommends denial of the above -requested variation for the two garages and detached garage size based on review of the information presented by the applicant and the standards and conditions imposed by Section 3.6-8 (Findings of Fact for Variations) as outlined by the City of Des Plaines Zoning Ordinance. The existing homes on Meadow Drive all have attached two -car garages and none have detached garages. Zoning Board of Appeals Procedure: Under Section 3.6-7 of the Zoning Ordinance (Major Variations) the Zoning Board of Appeals has the authority to recommend that the City Council approve, approve subject to conditions, or disapprove the above -mentioned variance for size of an accessory structure in the R-1 zoning district. The City Council has the final authority on major variation requests. Chairman Szabo asked the audience if anyone is in favor of this proposal — four people responded. The following came forward and were sworn in by Chairman Szabo: • Leszek Zmyslowski 378 N. Eighth Mr. Zmyslowski advised he is supporting his good neighbors; the garage, in proportion to the lot, is logical. He stated the codes need to be updated. Case #16-068-V-645 Meadow Drive -Variation Request Case #16-072-CU-1550 Mt. Prospect Road -Conditional Use Permit Case #16-054-TA-Citywide-Text Amendment November 8, 2016 Page 4 • Grazyna Zmyslowski 378 N. Eighth Mrs. Zmyslowski stated they have lived in front of the property for 20 years. She advised they knew the previous owners, stated the size is very unique, and the plans will fit the neighborhood. Mrs. Zmyslowski believes the petitioner should be granted the variations as this will not devalue properties. Chairman Szabo asked the audience if anyone is against this proposal — no one responded. Board Member Saletnik stated he would like to commend the architect due to the detail, conformity, etc. A motion was made by Board Member Saletnik, seconded by Board Member Hotherr, to recommend approval to City Council and grant both variations. AYES: Saletnik, Hofherr, Bader, Green, Catalano, Schell, Szabo NAYES: None ***MOTION CARRIED UNANIMOUSLY*** Chairman Szabo advised a recommendation for approval would be provided to City Council. 2. Address: 1550 Mt. Prospect Road Case 16-072-CU The petitioner is requesting a Conditional Use under Section 12-3-4 of the 1998 Des Plaines Zoning Ordinance, as amended, to allow a food processing establishment in the C-3 General Commercial District. PIN: 08-24-403-027-0000 Petitioner: Tim Nguyen, 5014 Broadway Street, Chicago, IL 60640 Owner: Mohammed Subhani, 1550 S. Mt. Prospect Road, Des Plaines, IL 60018 Chairman Szabo swore in Tim Nguyen, 5014 Broadway Street, Chicago, IL 60640 who advised his family has owned a food processing company for 25 years, and they are relocating to Des Plaines. Chairman Szabo asked to be enlightened on this business. Mr. Nguyen stated they produce Vietnamese pork sausages by cleaning, processing, and stuffing them. Their product is then sold to markets and restaurants. He stated they will also bake mini baguettes which will also be sold to retail stores. Chairman Szabo asked: • if everything will be stored inside. Mr. Nguyen advised — yes • where the current company is located. Mr. Nguyen advised — their firm, Ba Le Meat Processing Inc. is located at 2405 W. Ardmore in Chicago Board Member Hofherr asked: • if petitioner will sell retail or wholesale. Mr. Nguyen advised — wholesale • if there will be pick-up or delivery. Mr. Nguyen advised — delivery, and noted this space is double the size of the current space Board Member Catalano asked: • what is done with the waste. Mr. Nguyen advised — it goes in the waste container and is picked up every other day • if there is bulk liquid waste. Mr. Nguyen advised — no Case #16-068-V-645 Meadow Drive -Variation Request Case #16-072-CU-1550 Mt. Prospect Road -Conditional Use Permit Case #16-054-TA-Citywide-Text Amendment November 8, 2016 Page 5 Board Member Schell asked if there are retail sales in the bakery. Mr. Nguyen advised — no, the hours for production are 6 a.m. — 2:30 p.m. Monday through Friday. Board Member Catalano asked if the waste is placed in a sealed container. Mr. Nguyen advised — yes, it is like a dumpster and only a meat company picks it up. Chairman Szabo asked: • if there are any residential homes near the current establishment. Mr. Nguyen advised — yes, and there haven't been any complaints in 13 years • if the new corporate headquarters is in Des Plaines. Mr. Nguyen advised — yes, the store on Broadway is the retail store Chairman Szabo asked Staff to provide the Staff Report which Senior Planner Bye did: Issue: The petitioner is requesting a Conditional Use permit under Section 7.3-6.0 of the 1998 City of Des Plaines Zoning Ordinance, as amended, to operate a Food Processing Establishment in the C-3 Zoning District. Analysis: Address: 1550 S. Mount Prospect Road Owners: Mohammed Subhani, 1550 S. Mount Prospect Road, Des Plaines, IL 60018 Petitioner: Tim Nguyen, 5014 Broadway Street, Chicago, IL 60640 Case Number: 16-072-CU Real Estate Index Number: 08-24-403-027-0000 Ward: #8, Michael Charewicz Existing Zoning: C-3 General Commercial District Existing Land Use: Commercial Surrounding Zoning: North: Townhouse Residential South: General Commercial East: General Manufacturing West: General Commercial Surrounding Land Use: North: Residential South: Commercial East: Manufacturing West: Commercial Street Classification: S. Mount Prospect Road is an arterial road Comprehensive Plan: The Comprehensive Plan designates the site Community Commercial Case #16-068-V-645 Meadow Drive -Variation Request Case #16-072-CU-1550 Mt. Prospect Road -Conditional Use Permit Case #16-054-TA-Citywide-Text Amendment November 8, 2016 Page 6 The applicant, Tim Nguyen, has requested a Conditional Use Permit to operate a Food Processing Establishment at 1550 S. Mount Prospect Road. The approximately 25,037 square -foot parcel is located on the west side of S. Mount Prospect Road, between Oakton Street to the south and Dover Drive to the north, and currently contains a single -story brick building. The building is proposed to be owner -occupied with a single user. The site is accessed by a single curb cut off of S. Mount Prospect Road and currently has 19 parking spaces, with 1 proposed to be removed for truck ingress and egress from the loading dock in the northwest corner of building. The petitioner proposes to operate a bakery, cooking kitchen, and meat processing department within the roughly 12,000 square -foot building for the production of Vietnamese pork sausage and mini baguettes. The proposed occupant, 3Le Foods Corporation, would receive pork from the slaughterhouse, use a meat stuffer to create sausages, steam cook the sausages, then chill, package, and ship the final product. The building is currently vacant and was previously used as a retail space. 3Le Foods Corporation would operate Monday - Friday, 6:00 a.m. to 5:00 p.m., and occasionally on Saturdays. Production would take place 6:00 a.m. to 2:30 p.m., with packaging, labeling and shipping taking place between 2:30 p.m. and 3:30 p.m. 3Le Foods Corporation will employ between 6 and 10 employees. A request to waive the traffic study requirement was granted after review by staff based of the proposed site plan and size of the operation. Conditional Use Findings: As required by Section 3.4-5 (Standards for Conditional Uses) of the Zoning Ordinance, the proposed development is reviewed below: A. The proposed Conditional Use is in fact a Conditional Use established within the specific Zoning district involved: Comment: A Food Processing Establishment is a Conditional Use in C-3, General Commercial Zoning District, as specified in Section 7.3-6.0 of the 1998 City of Des Plaines Zoning Ordinance, as amended. B. The proposed Conditional Use is in accordance with the objectives of the City's Comprehensive Plan: Comment: The 2007 Comprehensive Plan recommends a Community Commercial use for the site. 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 Food Processing Establishment is located on S. Mount Prospect Road, an arterial road that currently has an auto -oriented character in this area. D. The proposed Conditional Use is not hazardous or disturbing to existing neighboring uses: Comment: Based on the plans submitted, none of the functions of the Food Processing Establishment are anticipated to be hazardous or disturbing to the surrounding neighborhood. The petitioner has an existing food processing facility in Chicago and has stated that there are no odors associated with the operation. Staff has confirmed through a Freedom of Information Act request with the City of Chicago that no complaints have been filed in regards to odors, noise, or traffic. 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 Case #16-068-V-645 Meadow Drive -Variation Request Case #16-072-CU-1550 Mt. Prospect Road -Conditional Use Permit Case #16-054-TA-Citywide-Text Amendment November 8, 2016 Page 7 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: Based on the plans submitted, the proposed Food Processing Establishment is not anticipated to create additional traffic, noise, or odors that could be detrimental to surrounding land uses. H. The proposed Conditional Use provides vehicular access to the property designed so that it does not create an interference with traffic on surrounding public thoroughfares: Comment: The proposed project would utilize the existing curb cuts on S. Mount Prospect Road for access. Based on an evaluation of the existing conditions and plans provided, staff does not find any evidence for potential interference with traffic patterns. I. The proposed Conditional Use does not result in the destruction, loss, or damage of natural, scenic, or historic features of major importance: Comment: Reuse of the existing building is proposed. 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: It appears that the proposed conditional use complies with all additional regulations within the Zoning Ordinance, including parking. Recommendation: The Community Development Department recommends approval of the Conditional Use Permit for the operation of a Food Processing Establishment, based on review of the information presented by the applicant and the findings made above, as specified in Section 3.4-5 (Standards for Conditional Uses) of the City of Des Plaines Zoning Ordinance. The proposed use would utilize a long -vacant site with relatively few parking spaces, making this one of the few uses that could reasonably occupy the building. The operations are not expected to cause a negative impact on surrounding land uses. Zoning Board of Appeals Procedure: Under Sections 3.4-4.0 (Conditional Uses) of the Zoning Ordinance the Zoning Board of Appeals has the authority to recommend that the City Council approve, approve subject to conditions, or deny the above -mentioned Conditional Use Permit for the operation of a Food Processing Establishment in the C-3 zoning district. The City Council has the final authority on the project. Case #16-068-V-645 Meadow Drive -Variation Request Case #16-072-CU-1550 Mt. Prospect Road -Conditional Use Permit Case #16-054-TA-Citywide-Text Amendment November 8, 2016 Page 8 Chairman Szabo asked if anyone is in favor of the proposal. No one responded. He asked if anyone objects. The following came forward and was sworn in: • Daniela Muich 61 Dover Drive Ms. Muich advised her concern is rodent control and meat smells. Mr. Nguyen advised he understands and stated the waste could be picked up daily. He noted they are processing the meat three days per week; the inspector is very tough. Ms. Muich indicated the neighbor just bought the building next door and may not be aware of this establishment. Board Member Hofherr stated he recommends pick-up as is and then a daily pick-up if necessary. Board Member Saletnik stated there is environmental hazard language in the ordinance; don't believe a condition needs to be made. A motion was made by Board Member Hofherr, seconded by Board Member Green, to recommend approval to City Council as presented. AYES: Hofherr, Green, Bader, Catalano, Saletnik, Schell, Szabo NAYES: None ***MOTION CARRIED UNANIMOUSLY*** Chairman Szabo advised a recommendation for approval would be provided to City Council. OLD BUSINESS 1. Address: Citywide Case 16-054-TA The Planning and Zoning Board will hold public hearing on amendments to the Zoning Ordinance and the Subdivision Regulations necessary to require developers of residential developments that create new demand for additional Public Open Space specifically and uniquely attributable to the developments to either contribute land or pay a fee in lieu of land for use by the Park District to provide the necessary additional Public Open Space within the City. (Staff Requests Continuance to a date certain of November 22, 2016). Petitioner: City of Des Plaines, 1420 Miner Street, Des Plaines, IL 60016 Owner: City of Des Plaines, 1420 Miner Street, Des Plaines, IL 60016 Coordinator Pruss stated it is taking a little longer to vet information (with the Mt. Prospect Park District, financial review, etc.). A motion was made by Board Member Schell, seconded by Board Member Hofherr, to grant a continuance to November 22, 2016. AYES: NAYES: Schell, Hofherr, Green, Bader, Catalano, Saletnik, Szabo None ***MOTION CARRIED UNANIMOUSLY*** Case #16-068-V-645 Meadow Drive -Variation Request Case #16-072-CU-1550 Mt. Prospect Road -Conditional Use Permit Case #16-054-TA-Citywide-Text Amendment November 8, 2016 Page 9 ADJOURNMENT On a voice vote, Chairman Szabo adjourned the meeting at 7:46 p.m. Sincerely, Gale Cerabona Recording Secretary cc: City Officials, Aldermen, Zoning Board of Appeals, Petitioners