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10/10/2017Case #17-084-CU – 200 E. Howard – Conditional Use Permit Case #17-058-CU – 1685 E. Oakton – Conditional Use Permit October 10, 2017 Page 1 DES PLAINES PLANNING AND ZONING BOARD MEETING OCTOBER 10, 2017 MINUTES The Des Plaines Planning and Zoning Board Meeting held its regularly-scheduled meeting on Tuesday, October 10, 2017, at 7 p.m. in Room 102 of the Des Plaines Civic Center. ZONING BOARD PRESENT: Bader, Fowler, Hofherr, Saletnik, Schell ABSENT: Catalano, Szabo ALSO PRESENT: Johanna Bye, AICP, Senior Planner/Community & Economic Development Gale Cerabona/Recording Secretary Vice Chair Saletnik called the meeting to order at 7:01 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 Fowler, to approve the minutes of September 26, 2017 as written. AYES: Hofherr, Fowler, Bader, Schell, Saletnik NAYES: None ***MOTION CARRIED UNANIMOUSLY*** PUBLIC COMMENT There were no comments. PUBLIC HEARING NEW BUSINESS 1. Address: 200 E. Howard Avenue, Suite 218 Case 17-084-CU The petitioner is requesting a Conditional Use Permit under Section 12-7-4(E)3 of the 1998 Des Plaines Zoning Ordinance, as amended, to allow a Commercial Indoor Recreation Establishment (a boxing gym) in the M-2 General Manufacturing District. PIN: 09-30-101-031-0000 Petitioner: Jason Brandstetter, 200 E. Howard Avenue, Ste. 218, Des Plaines, IL 60018 Owner: Howard O’Hare Business Center, 333 E. Butterfield Road, Lombard, IL 60148 Vice Chair Saletnik swore in Messrs. John R. Carrozza, Attorney, 2715 N. Thatcher, River Grove, IL, Case #17-084-CU – 200 E. Howard – Conditional Use Permit Case #17-058-CU – 1685 E. Oakton – Conditional Use Permit October 10, 2017 Page 2 Wayne Gregory, Instructor, 933 N. Cove, Palatine, IL & Jason Brandstetter, President, Gregory Boxing & Muay Thai, 200 E. Howard, Suite 218, Des Plaines, IL. Mr. Carrozza advised there would only be changes in the interior; a boxing gym will be implemented. He noted group classes will consist of 10-12 people for one hour with a trainer present. Mr. Carrozza introduced Mr. Brandstetter who has been a police officer for 20 years and Mr. Gregory who is renowned as a boxing instructor. He noted there is a five-year lease. Vice Chair Saletnik asked: • who the clientele would be. Mr. Gregory advised – doors will open at 3-4p.m. for an after-school program for students from Maine West. The hours of 4:30-5:30 p.m. are dedicated to children. Beginning and advanced boxing will follow. • if this is an open gym. Mr. Gregory advised – one would need to sign-up for classes on their website. Board Member Fowler asked what the web site address is. Mr. Gregory advised: www.gregoryboxing.com and stated the Grand Opening is October 28, 2017. Board Member Hofherr reminded/asked: • the final vote is with City Council (so dates may be an issue). Senior Planner Bye advised the City Council meeting is November 6, 2017, and petitions are often a two-meeting process with them. • if diet pharmaceuticals will be sold. Mr. Gregory advised – no, however he will advise about dieting as a Consultant. He stated initial clothing would be provided to clients; thereafter, athletic wear is available for sale. Senior Planner Bye asked if the hours of 8 a.m.-2 p.m. are for private training. Mr. Gregory advised – yes. Vice Chair Saletnik asked if anyone in the audience is in favor or against this proposal. The following audience member came forward: • Jorge Rodriguez Mr. Rodriguez advised he believes this is good for the kids to have a place to go after school. Vice Chair Saletnik asked Staff to provide the Staff Report which Senior Planner Bye did: Issue: The petitioner is requesting a Conditional Use Permit under Section 12-7-4(E)3 of the 1998 Des Plaines Zoning Ordinance, as amended, to allow a Commercial Indoor Recreation Establishment (a boxing gym) in the M-2 General Manufacturing District. Analysis: Address: 200 E. Howard Avenue, Suite 218 Owner: Howard O’Hare Business Center, 333 E. Butterfield Road, Lombard, IL 60148 Petitioner: Jason Brandstetter, 200 E. Howard Avenue, Ste. 218, Des Plaines, IL 60018 Case Number: 17-084-CU Real Estate Index Number: 09-30-101-031-0000 Case #17-084-CU – 200 E. Howard – Conditional Use Permit Case #17-058-CU – 1685 E. Oakton – Conditional Use Permit October 10, 2017 Page 3 Ward: #5, James Brookman Existing Zoning: M-2 General Manufacturing District Existing Land Use: General Office/Manufacturing Surrounding Zoning: North: M-2 General Manufacturing District South: M-2 General Manufacturing District East: M-2 General Manufacturing District West: M-2 General Manufacturing District Surrounding Land Use: North: General Office/Manufacturing South: General Office/Manufacturing East: General Office/Manufacturing West: General Office/Manufacturing Street Classification: The Comprehensive Plan designates Howard Avenue as an arterial road Comprehensive Plan: The Comprehensive Plan designates the site as Industrial The applicant, Jason Brandstetter, has requested a Conditional Use Permit to operate a Commercial Indoor Recreation Establishment at 200 E. Howard Avenue, Suite 218. The tenant space is one of approximately 30 in the Howard O’Hare Business Center. The three-building, single-story development is on approximately 9.8 acres and is located on the north side of Howard Avenue, just west of the Union Pacific Railroad. The site is accessed by a single curb cut off of Howard Avenue. The petitioner proposes to operate Gregory Boxing, Inc., a boxing gym, within the 5,003 square-foot tenant space. The petitioner has stated in his application that the gym will incorporate physical exercise, philosophy, and diet which incorporates various elements of high intensity interval training, weightlifting, and sparring in a one-hour class. The proposed boxing gym would operate Monday-Friday, 8:00 a.m. to 2:00 p.m. for individual classes and 3:00 p.m. to 9:00 p.m. for group classes, and on Saturdays from 8:00 a.m. to 2:00 p.m. for group classes. Classes would have between 10 and 12 people, including a coach. One coach per shift will be on the premises. Athletic apparel may also be sold in the tenant space. Conditional Use Findings: Conditional Use requests are subject to the standards set forth in Section 12-3- 4(E) of the 1998 City of Des Plaines Zoning Ordinance, as amended. In reviewing these standards, staff has the following comments: A. The proposed Conditional Use is in fact a Conditional Use established within the specific Zoning district involved: Comment: A Commercial Indoor Recreation Establishment is a Conditional Use in the M-2 General Manufacturing Zoning District as specified in Section 12-7-4(G) 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 an Industrial use for the site. Case #17-084-CU – 200 E. Howard – Conditional Use Permit Case #17-058-CU – 1685 E. Oakton – Conditional Use Permit October 10, 2017 Page 4 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 Commercial Indoor Recreation Establishment is located in an existing business center with approximately 30 tenant spaces. The petitioner does not plan to change the exterior appearance of the building and all operations will occur indoors. 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 Commercial Indoor Recreation Establishment are anticipated to be hazardous or disturbing to the surrounding neighborhood. All operations will occur indoors. 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: The proposed Commercial Indoor Recreation Establishment would be served adequately by essential public facilities and 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 Commercial Indoor Recreation Establishment 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 Commercial Indoor Recreation Establishment is not anticipated to create additional traffic or noise 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 Commercial Indoor Recreation Establishment would utilize the existing curb cut on Howard Street 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: Case #17-084-CU – 200 E. Howard – Conditional Use Permit Case #17-058-CU – 1685 E. Oakton – Conditional Use Permit October 10, 2017 Page 5 Comment: Use of an existing tenant space and building is proposed. The proposed Commercial Indoor Recreation Establishment 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 Commercial Indoor Recreation Establishment complies with all additional regulations within the Zoning Ordinance. Recommendation: I recommend approval of the Conditional Use Permit for a Commercial Indoor Recreation Establishment, based on review of the information presented by the applicant and the findings made above, as specified in Section 12-3-4(E) (Standards for Conditional Uses) of the City of Des Plaines Zoning Ordinance. The proposed use will not create an excess of traffic or noise, will be solely conducted indoors, and is not expected to cause a negative impact on surrounding land uses. Planning and Zoning Board Procedure: Under Section 12-3-4(D) (Procedure for Review and Decision for Conditional Uses) of the Zoning Ordinance, the Planning and Zoning Board has the authority to recommend that the City Council approve, approve subject to conditions, or deny the above-mentioned Conditional Use Permit for a Commercial Indoor Recreation Establishment in the M-2 General Manufacturing District. The City Council has the final authority on the proposal. Vice Chair Saletnik asked if there are further questions from the Board. No one responded. A motion was made by Board Member Bader, seconded by Board Member Hofherr, to recommend approval to City Council as presented. AYES: Bader, Hofherr, Fowler, Schell, Saletnik NAYES: None ***MOTION CARRIED UNANIMOUSLY*** Vice Chair Saletnik advised a recommendation for approval would be provided to City Council. 2. Address: 1685 E. Oakton Street Case 17-058-CU The petitioner is requesting a Conditional Use Permit under Section 12-7-3(F)3 of the 1998 Des Plaines Zoning Ordinance, as amended, to allow auto repair and sales in the C-3 General Commercial District. PIN: 09-28-101-084-0000 Petitioner: Miguel Orduna, 409 Harmony Drive, Wheeling, IL 60090 Owner: Sam Molina, 7215 Kedvale Avenue, Lincolnwood, IL 60712 Vice Chair Saletnik swore in Messrs. Jorge Rodriguez and Miguel Orduna, 409 Harmony Drive, Wheeling, IL. Mr. Orduna advised he is the new owner, and everything is under his name. Mr. Rodriguez advised they are interested in buying and selling cars and auto repair. Case #17-084-CU – 200 E. Howard – Conditional Use Permit Case #17-058-CU – 1685 E. Oakton – Conditional Use Permit October 10, 2017 Page 6 Vice Chair Saletnik asked how many cars there are. Mr. Rodriguez advised – there are 16 cars for sale and parking on the other side. Board Member Hoffer noted/asked: • there were 34 cars visible in front; one vehicle was blocking sidewalk on two streets. Directly behind the building is a fenced-off area accommodating cars. What are those cars for? Mr. Rodriguez stated – patrons do not pick up their cars regularly. This will be further enforced. • the whole area was blocked off. Will there be sufficient parking? Mr. Rodriguez stated – these are patrons’ cars who do not wish to have them repaired; they will be contacted to remove these cars. • if there is a fence with an opening. Mr. Rodriguez stated – yes. Senior Planner Bye reminded the fence would be removed (up to the alley); Mr. Rodriguez concurred. Vice Chair Saletnik asked/noted: • if Petitioner does body work. Mr. Rodriguez advised – no • if the vehicles are movable. Mr. Rodriguez advised – yes • the area could be striped to allow cars to flow through accordingly Board Member Fowler asked: • if internal repairs are performed but not body work. Mr. Rodriguez concurred and advised the cars can be moved with a tow truck. • what the capacity is for all cars on the site. Mr. Rodriguez advised – 25-30 cars. Board Member Hofherr asked if Mr. Molina still owns the property. Mr. Orduna advised – he does, but that he plans to purchase it from him. Vice Chair Saletnik asked if anyone in the audience is in favor or against this proposal. No one responded. He asked Staff to provide the Staff Report which Senior Planner Bye did: Issue: The petitioner is requesting a Conditional Use Permit under Section 12-7-3(F)3 of the 1998 Des Plaines Zoning Ordinance, as amended, to allow auto repair and sales in the C-3 General Commercial District. Analysis: Address: 1685 E. Oakton Street Owner: Sam Molina, 7215 Kedvale Avenue, Lincolnwood, IL 60712 Petitioner: Miguel Orduna, 409 Harmony Drive, Wheeling, IL 60090 Case Number: 17-058-CU Real Estate Index Number: 09-28-101-084-0000 Ward: #2, Alderman John Robinson Existing Zoning: C-3 General Commercial District Existing Land Use: Commercial Surrounding Zoning: North: C-3 General Commercial District South: R-2 Two-Family Residential District East: C-3 General Commercial District West: C-3 General Commercial District Case #17-084-CU – 200 E. Howard – Conditional Use Permit Case #17-058-CU – 1685 E. Oakton – Conditional Use Permit October 10, 2017 Page 7 Surrounding Land Use: North: Commercial South: Residential East: Commercial West: Commercial Street Classification: The Comprehensive Plan designates Oakton Street as an arterial road Comprehensive Plan: The Comprehensive Plan designates the site as Mixed Use – Low Density The applicant, Miguel Orduna, has requested a Conditional Use Permit to operate an auto repair and sales establishment at 1685 E. Oakton Street. The 13,500 square-foot site is improved with a single-story, 2,000 square-foot building that has previously been used for auto repair and sales. The site is currently accessed by curbs cuts off of Oakton Street, Orchard Street, and the alley to the south of the property. The petitioner proposes to operate Des Plaines Auto Repairs and Sales on the site. The petitioner has stated in his application that they will sell up to 16 quality used cars at a time that range in price from $3,000 to $9,000. Additionally, they will repair and service cars, with services including suspension, breaks, and tune- ups. The proposed auto repair and sales establishment would operate Monday-Friday, 9:15 a.m. to 7:00 p.m. and Saturdays from 9:15 a.m. to 4:00 p.m. There are three employees, including the business owner. The petitioner proposes to improve the site by adding a 5-foot strip of landscaping along the north and east property lines. These landscaped areas will be planted with shrubs that will be maintained in the 3- to 4-foot height range. The rear of the property will be cleaned up and three parking spaces will be added in the southwest corner for employee parking. The petitioner proposes that customers park along the east side of the property. The 16 cars proposed for sale will be located in the front of the property, along Oakton Street. Please note that the petitioner has been operating in the space since early 2017, without the benefit of a Conditional Use Permit. Since then, staff has had meetings with the property owner and petitioner to get the issue of the required Conditional Use resolved. Our records indicate that Sam Molina, the property owner, had been operating an auto repair and sales establishment in the space since 2001. Though he had a valid business license, he never obtained a Conditional Use for auto repair and sales, which was required of him (though current staff is unsure if he was made aware of this at the time). In 2010, Mr. Molina inquired about adding body work to his establishment. He was told that he needed a Conditional Use to do this, but one was never obtained and staff never followed up. Mr. Molina let his state license for auto sales lapse in 2014, and we became aware of the new tenant, the petitioner, occupying the space when he went to apply for a state license for auto sales. We received the petitioner’s Conditional Use application on July 13, 2017. After a review of the application, it was noted that key information was missing from the application. A staff letter (attached in this report) was sent to the petitioner on July 19, 2017. We have just now (early October 2017) received the revised site plan that was required of him in order to proceed with the Conditional Use application. Conditional Use Findings: Conditional Use requests are subject to the standards set forth in Section 12-3- 4(E) of the 1998 City of Des Plaines Zoning Ordinance, as amended. In reviewing these standards, staff has the following comments: Case #17-084-CU – 200 E. Howard – Conditional Use Permit Case #17-058-CU – 1685 E. Oakton – Conditional Use Permit October 10, 2017 Page 8 A. The proposed Conditional Use is in fact a Conditional Use established within the specific Zoning district involved: Comment: Auto Service/Body Repair and Motor Vehicle Sales are listed as Conditional Uses in the C-3 General Commercial District as specified in Section 12-7-3(K) 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 Mixed Use – Low Density 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 auto repair and sales establishment is operating from an existing building that has previously been used for auto repair and sales. The petitioner does not plan to change the exterior appearance of the building and similar auto-related uses surround the property along Oakton Street. The petitioner has stated that the sign is in good condition, the building is painted a neutral color, and the cars are displayed nicely. D. The proposed Conditional Use is not hazardous or disturbing to existing neighboring uses: Comment: Based on the plans submitted, the proposed auto repair and sales use is not anticipated to be hazardous or disturbing to the surrounding neighborhood. There will be no loud music or noises, accordingly to the petitioner. 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: The proposed auto repair and sales establishment would be served adequately by essential public facilities and 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 auto repair and sales establishment 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: Case #17-084-CU – 200 E. Howard – Conditional Use Permit Case #17-058-CU – 1685 E. Oakton – Conditional Use Permit October 10, 2017 Page 9 Comment: The proposed auto repair and sales establishment is not anticipated to create additional traffic or noise that could be detrimental to surrounding land uses. The petitioner has stated that any vehicle servicing will be minor. 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: According to the petitioner, the proposed auto repair and sales establishment is not a high-traffic business. Based on an evaluation of the existing conditions and plans provided, staff does not find any evidence for potential interference with traffic patterns. Three entrances/exits are shown on the new site plan, one each off of Oakton Street, Orchard Street, and the alley in the rear. I. The proposed Conditional Use does not result in the destruction, loss, or damage of natural, scenic, or historic features of major importance: Comment: Use of an existing building is proposed. The proposed auto repair and sales establishment 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 auto repair and sales establishment complies with all additional regulations within the Zoning Ordinance. The petitioner is proposing 11 parking spaces for employees and customers, with 16 additional for cars to be sold. Based on the number of bays and the retail area in the building, 10 parking spaces are required per code. Recommendation: I recommend approval of the Conditional Use Permit for an auto repair and sales establishment, based on review of the information presented by the applicant and the findings made above, as specified in Section 12-3-4(E) (Standards for Conditional Uses) of the City of Des Plaines Zoning Ordinance, subject to the following condition: 1) The petitioner strictly follow the submitted site plan. All drive aisles must remain clear and free of vehicles. Planning and Zoning Board Procedure: Under Section 12-3-4(D) (Procedure for Review and Decision for Conditional Uses) of the Zoning Ordinance, the Planning and Zoning Board has the authority to recommend that the City Council approve, approve subject to conditions, or deny the above-mentioned Conditional Use Permit for auto repair and sales in the C-3 General Commercial District. The City Council has the final authority on the proposal. Vice Chair Saletnik stated he has concerns and enlisted the Board’s input: • Board Member Fowler advised her concern is to not have body work conducted as it would be unsightly on Oakton. She stated the parking area should be striped and landscaped. • Board Member Hofherr asked and Senior Planner Bye stated striping could be added as a Condition. Case #17-084-CU – 200 E. Howard – Conditional Use Permit Case #17-058-CU – 1685 E. Oakton – Conditional Use Permit October 10, 2017 Page 10 A motion was made by Board Member Hofherr, seconded by Board Member Fowler, to recommend approval to City Council with Condition #1 as recommended by Staff with two other Conditions added as follows: • #2 requiring that body work not be conducted • #3 requiring striping be done on the parking area per the site plan; alternatives must be approved AYES: Hofherr, Fowler, Bader, Saletnik NAYES: Schell ***MOTION CARRIED 4-1*** Vice Chair Saletnik advised a recommendation for approval would be provided to City Council. OLD BUSINESS There was no Old Business ADJOURNMENT A motion was made by Board Member Schell, seconded by Board Member Bader, to adjourn the meeting at 7:37 p.m. AYES: Hofherr, Fowler, Bader, Schell, Saletnik NAYES: None ***MOTION CARRIED UNANIMOUSLY*** Sincerely, Gale Cerabona, Recording Secretary cc: City Officials, Aldermen, Zoning Board of Appeals, Petitioners