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4/23/19Case #19-007-CU 1065 Lee Street Conditional Use Permit Case #19-015-CU-V 820-848 Lee Street 2 Conditional Uses & Major Variations Case #19-021-V-CU-MAP 1274 Rand Road MAP Amendment, Conditional Use Permit, & Major Variations Case #19-020-V-CU-MAP 1266 Rand Road MAP Amendment, Conditional Use Permit, & Major Variations April 23, 2019 Page 1 DES PLAINES PLANNING AND ZONING BOARD MEETING APRIL 23, 2019 MINUTES The Des Plaines Planning and Zoning Board Meeting held its regularly-scheduled meeting on Tuesday, April 23, 2019, at 7 p.m. in Room 101 of the Des Plaines Civic Center. ZONING BOARD Chairman Szabo called the meeting to order at 7:02 p.m. and read this evening’s cases. Roll call was established. PRESENT: Bader, Catalano, Fowler, Hofherr, Saletnik, Schell, & Szabo ALSO PRESENT: Patrick Ainsworth, Coord., Devel. Mgr./Community & Economic Development Gale Cerabona/Recording Secretary APPROVAL OF MINUTES A motion was made by Board Member Fowler, seconded by Board Member Hofherr, to approve the minutes of April 9, 2019, as presented. AYES: Fowler, Hofherr, Bader, Schell, & Szabo NAYES: None ABSTAIN: Catalano & Saletnik ***MOTION CARRIED UNANIMOUSLY*** PUBLIC COMMENT There was no Public Comment. PUBLIC HEARING OLD BUSINESS Coordinator Ainsworth suggested opening the public hearing, and advised the Petitioner for Item #1 is requesting to continue this matter to May 14, 2019. 1. Address: 1065 Lee Street Case 19-007-CU Case #19-007-CU 1065 Lee Street Conditional Use Permit Case #19-015-CU-V 820-848 Lee Street 2 Conditional Uses & Major Variations Case #19-021-V-CU-MAP 1274 Rand Road MAP Amendment, Conditional Use Permit, & Major Variations Case #19-020-V-CU-MAP 1266 Rand Road MAP Amendment, Conditional Use Permit, & Major Variations April 23, 2019 Page 2 The petitioner is requesting a Conditional Use Permit Amendment to Ordinance Z-16-01 under Section 12-7-3(K) of the 1998 Des Plaines Zoning Ordinance, as amended, for the existing Motor Vehicle Sales and Auto Service Repair use in the C-3 General Commercial District allow for the sale of six (6) more automobiles on site for a total of ten (10) vehicles. PIN: 09-20-214-002-0000 Petitioner: Louis Capozzoli, 1484 Miner Street, Des Plaines, IL 60016 Owner: MD and SD, LLC, 15 N. Waverly Place, Mount Prospect, IL 60056 Coordinator Ainsworth advised that Staff and the Petitioner are asking for a continuance. A motion was made by Board Member Schell, seconded by Board Member Catalano, to move this case to the June 11, 2019, PZB Meeting. AYES: Schell, Catalano, Bader, Fowler, Hofherr, Saletnik, & Szabo NAYES: None ***MOTION CARRIED UNANIMOUSLY*** Chairman Szabo advised this case is continued to the June 11, 2019, PZB Meeting. PUBLIC HEARING NEW BUSINESS 2. Address: 820-848 Lee Street Case 19-015-CU-V The petitioner is requesting the following items: i) a Conditional Use as an Commercially Zoned Assembly Use to operate a meeting house-cultural center under Section 12-7-3.K. of the 1998 Des Plaines Zoning Code, as amended; ii) a Conditional Use Private School, Elementary and High School under Section 12-7-3.K. of the 1998 Des Plaines Zoning Code, as amended; and iii) a Major Variation for the off-street parking spaces under Code Section 12-9-7 of the 1998 Des Plaines Zoning Code, as amended. PINs: 09-17-425-029, -030, -031, -032 & -033 Petitioner: George Petrov, Little Bulgarian School, 410 Charing Cross Rd., Elk Grove Village, IL 60007 Owner: Immanuel Lutheran Church, 855 Lee St, Des Plaines, IL 60016 Case #19-007-CU 1065 Lee Street Conditional Use Permit Case #19-015-CU-V 820-848 Lee Street 2 Conditional Uses & Major Variations Case #19-021-V-CU-MAP 1274 Rand Road MAP Amendment, Conditional Use Permit, & Major Variations Case #19-020-V-CU-MAP 1266 Rand Road MAP Amendment, Conditional Use Permit, & Major Variations April 23, 2019 Page 3 Chairman Szabo swore in George & Evelina Petrov, Little Bulgarian School, 410 Charing Cross Rd., Elk Grove Village, IL; Thomas A. Meyer, Architect, Ansteigen Design Information Services Co., 40W477 Atchison Drive, Hampshire, IL; Javier Millan, Senior Consultant, KLOA, 9575 W. Higgins Road, Suite 400, Rosemont, IL; & Andrew R. Kustusch, PE, CFM, Environmental Engineer, Engineering Resource Associates, 3S701 West Avenue, Suite 150, Warrenville, IL. Mr. Petrov stated his organization has been in existence since 2005-2006. He advised the school began with 6 children; there are now 600. There are 3 locations – 2 in Elk Grove, 1 in Mt. Prospect. Mr. Petrov noted they wish to move the Mt. Prospect location, with 98 children, along with 20 children in Des Plaines. Mr. Petrov advised they are renting space for their school books; parents are housing supplies in their homes. In addition to Saturday & Sunday, they wish to host dance, math, & after-school classes and activities. Mr. Petrov stated he wishes to bring new life to a beautiful building in Des Plaines; his organization has been working with the City Staff, Engineers, etc.; believes this will be a great asset to the community. He noted some businesses have spun-off from this school: • Guitar lessons • Bakery Mr. Petrov advised they have been working with two restaurants – some providing lunch for 600 children in their schools. The development of bi-lingual children is now 45 children. The major location is Elk Grove High School. Steps were taken to improve safety (volunteers assist in this manner; wear red vests). Mr. Petrov wishes to thank City Staff for its guidance (since June-July of 2018). On a personal note, he stated his daughter is a junior and seeking college options. Some children are not thinking of that. A program was started (through their main architect) to close the gap with high school students vs. professional development. Classes are successful; hands-on business experiences are forthcoming for the children. Mrs. Petrov stated she is the Coordinator of Outreach & the President of the schoolchildren. She brought forth a child who was born and raised in Des Plaines and one who will learn their culture. Case #19-007-CU 1065 Lee Street Conditional Use Permit Case #19-015-CU-V 820-848 Lee Street 2 Conditional Uses & Major Variations Case #19-021-V-CU-MAP 1274 Rand Road MAP Amendment, Conditional Use Permit, & Major Variations Case #19-020-V-CU-MAP 1266 Rand Road MAP Amendment, Conditional Use Permit, & Major Variations April 23, 2019 Page 4 Mr. Meyer, architect, offered a PowerPoint presentation: • Existing conditions; purchasing 5 parcels; Immanuel Lutheran Church owns parcel #6. Illustrations were shown. • Proposed Facility Use/Floor Plans (elevation is offset); all for education purposes. Times, classes were identified. Immanuel Lutheran Church rents space on Wednesday nights and will remain that way. • Proposed Site Design/Parking/Traffic Flow • Landscape Plan Board Member Fowler asked: • what is proposed for signage. Mr. Meyer stated the Immanuel Lutheran sign would remain. Coordinator Ainsworth stated there would be a monument sign on the northeast corner of building; Mr. Meyer will review same. Codes would have to be met. • what would become of Immanuel Lutheran Church. Chairman Szabo swore in audience member, Robert Desiron, 1543 E. Walnut, who stated the school was closed in 2015 and since rented. He noted the church is still active. The Pastor & Deacon lived at the homes. • if there are plans to sell. It was noted the Little Bulgarian School is being sold. Coordinator Ainsworth stated they are buying the grassy lot to the north of the building. Chairman Szabo asked if anyone else is present from Immanuel Lutheran Church. Mr. Desiron advised there is. He noted he would swear them in if needed. Mr. Millan introduced himself and advised a traffic study was conducted on Tuesday, November 13, 2018. Peak hours were noted. There would be weekday and afternoon programs for 40-60 children. There will be two classes – 9 a.m.-1 p.m. and 11 a.m.-3 p.m. Activities are happening outside of peak hours. There are two curb cuts that would be consolidated on Lee Street and two provided on the north-south alley. Children from the Mt. Prospect School were counted (for a larger population). Mr. Millan explained the process and offered results. He noted everything would operate well. There are 63 off-street parking spaces and an additional 28 spaces at Immanuel Lutheran Church’s south parking lot. Parking that’s provided would be sufficient. Mr. Kustusch, civil engineer introduced himself and advised there are 63 parking spaces. He noted emergency vehicles would be accommodated as well as access points indicated. The grassy part of the site drains from south to north. A drainage permit will be sought from IDOT. Storm sewers will be utilized on Lee Street and the alley. There will be rain-storage and underground-storage systems. Chairman Szabo asked: Case #19-007-CU 1065 Lee Street Conditional Use Permit Case #19-015-CU-V 820-848 Lee Street 2 Conditional Uses & Major Variations Case #19-021-V-CU-MAP 1274 Rand Road MAP Amendment, Conditional Use Permit, & Major Variations Case #19-020-V-CU-MAP 1266 Rand Road MAP Amendment, Conditional Use Permit, & Major Variations April 23, 2019 Page 5 • if there is detention under the parking lot. Mr. Kustusch stated – no, but best practice management are being used such as bio-swales/rain gardens • how much water is held before it’s released. Mr. Kustusch advised – he is not sure, but it will meet MWRD requirements Board Member Schell asked what the best management practice is. Mr. Kustusch stated – they will drain all portions through to the designated drainage areas (through 12-18 inches of soil and underneath); an underdrain would be used and possibly a restrictor. The site then releases slowly. The Metro Water Reclamation District has a 3-year maintenance and monitoring system (as Coordinator Ainsworth noted). These are perennial plants; thriving native plants. Native plants absorb water faster than turf; it is assured the garden will be built correctly. Chairman Szabo asked if there are further questions. Board Member Hofherr asked/stated: • if most of the students would be dropped off in the back at the alley. Mr. Meyer advised – yes • if students would be dropped off from the street. Mr. Meyer advised – there will only be drop-offs allowed at the west side of the building • there was a good amount of traffic today in the alley. Coordinator Ainsworth stated there’s an increase of cars due to the closing of River Road. Mr. Meyer stated – the objective is to move everyone northward (on Saturdays, Sundays, and evenings). There will be a traffic team guiding people. Everything would be diverted to the west side. Mr. Millan stated he saw today that Lee Street traffic has increased. It was suggested to create two separate drop-offs and pick-ups -- for younger and older children. He reiterated classes are 9 a.m.-1 p.m. and 11 a.m.-3 p.m. He stated one would not impact the other. Board Member Hofherr noted residents are also coming in and out. Mr. Millan stated this has been taken into consideration. Board Member Schell stated, due to moving vans, etc., it would be a challenging traffic flow. Mr. Millan stated the alley is 22 ft. wide. Board Member Catalano stated in addition to the left-in/left-out, the 28 additional parking spaces could be used. It was noted the engineering study effectively addressed drop-offs and children’s safety. Mr. Millan stated this would involve educating parents. Case #19-007-CU 1065 Lee Street Conditional Use Permit Case #19-015-CU-V 820-848 Lee Street 2 Conditional Uses & Major Variations Case #19-021-V-CU-MAP 1274 Rand Road MAP Amendment, Conditional Use Permit, & Major Variations Case #19-020-V-CU-MAP 1266 Rand Road MAP Amendment, Conditional Use Permit, & Major Variations April 23, 2019 Page 6 Board Member Fowler asked: • if there would be a summer school. Mr. Petrov stated – yes, but not this year. He advised math and other classes begin at 9, 10, and 11 a.m. Some students would leave the school, and some would remain until after school. He stated he is involved with directing traffic at the Elk Grove School. • what the ages of the children are. Mr. Petrov advised – Pre-K through 10th – 12th grades. Coordinator Ainsworth asked Petitioner to elaborate on carpooling. Mr. Petrov noted most parents have 2 or 3 children. He stated carpooling exists. Chairman Szabo asked Staff to provide the Staff Report which Coordinator Ainsworth did: Issue: The petitioner is requesting three items: i) a Conditional Use under Section 12-7-3(F)3 of the 1998 Des Plaines Zoning Ordinance, as amended, to operate a Commercially Zoned Assembly Use, Meeting House-Cultural Center, ii) a Conditional Use under Section 12-7-3(F)3 of the 1998 Des Plaines Zoning Ordinance, as amended, to operate a Private School, and iii) a Major Variation for off street parking under Code Section 12-9-7 of the 1998 Zoning Ordinance, as amended. Analysis: Address: 820-848 Lee Street Owners: George Petrov, Little Bulgarian School, 410 Charing Cross Road, Elk Grove, IL 60007 Petitioner: Immanuel Lutheran Church, 855 Lee Street Des Plaines, IL 60016 Case Number: 19-015-CU-V Real Estate Index Numbers: 09-17-425-029, -030, -031, -032 & -033 Ward: #2, Alderman Jack Robinson Existing Zoning: C-5 Central Business District Existing Land Use: School building (vacant) and two single family homes Surrounding Zoning: North: C-5 Central Business District South: C-5 Central Business District Case #19-007-CU 1065 Lee Street Conditional Use Permit Case #19-015-CU-V 820-848 Lee Street 2 Conditional Uses & Major Variations Case #19-021-V-CU-MAP 1274 Rand Road MAP Amendment, Conditional Use Permit, & Major Variations Case #19-020-V-CU-MAP 1266 Rand Road MAP Amendment, Conditional Use Permit, & Major Variations April 23, 2019 Page 7 East: R-4 Central Core Residential, C-5 Central Business District West: C-5 Central Business District Surrounding Land Use: North: Office Building South: Office Building East: Townhomes and Religious Use West: Condominiums Street Classification: Lee Street is an arterial street. Comprehensive Plan: The Comprehensive Plan designates the site as Institutional. Project Description: The petitioner, Mr. George Petrov, is representing the Little Bulgarian School and is requesting three items: i) a Conditional Use Permit to operate a Commercially Zoned Assembly Use – Meeting House-Cultural Center, ii) a Conditional Use for a Private School, and iii) a Major Variation for the off-street parking requirement. The petitioner’s organization is under contract to purchase several parcels and buildings from the current owner, Immanuel Lutheran Church, which contains three buildings including the former Immanuel Lutheran School at 832 Lee Street (currently vacant) and two single-family houses at 842 and 848 Lee Street. The former Immanuel Lutheran School is the building that the Little Bulgarian School (LBS) organization is proposing to occupy. The two single family houses will remain as-is. If LBS becomes the owner of these two homes, they will be rented back to Immanuel Lutheran Church. The remaining parcels under contract consists of a small 13-space parking lot and a grassy field to the north of the vacant building at 832 Lee Street. The entire purchase entails 1.42 acres of land. Note, future expansion of any Commercially Zoned Assembly or a Private School in either structure will result in an amendment to such an Ordinance. Commercially Zoned Assembly Use is a new land use that was added to the Des Plaines Zoning Ordinance in 2018. The definition of Commercially Zoned Assembly Use is provided below for reference: Case #19-007-CU 1065 Lee Street Conditional Use Permit Case #19-015-CU-V 820-848 Lee Street 2 Conditional Uses & Major Variations Case #19-021-V-CU-MAP 1274 Rand Road MAP Amendment, Conditional Use Permit, & Major Variations Case #19-020-V-CU-MAP 1266 Rand Road MAP Amendment, Conditional Use Permit, & Major Variations April 23, 2019 Page 8 COMMERCIALLY ZONED ASSEMBLY USES: A use that is primarily for the purpose of the assembly of people, which can contain a combination of uses that take place in both principal and accessory structures. Such uses include: commercial theater, banquet halls, nightclubs, church, synagogue, temple, meeting house, mosque, or other place of worship. For allowable accessory uses, refer to the specific land uses defined in this Chapter. Such uses shall adhere to the off street parking requirements under “Assembly Use”. The petitioner’s organization is proposing to insert a variety of uses into the former Immanuel Lutheran School building (see Attachment #1 for all proposed activities). The primary use will be a meeting house-cultural center that will serve the members of the Little Bulgarian School organization and then contain private school lessons to pupils in the 1st through 12th grade. The school use is only taking place on Saturdays and Sundays as shown in Attachment #5. Since the building at 832 Lee Street is being reactivated with a school and a commercially zoned assembly use, the current parking standards for Zoning Ordinance Code Section 12-9-7 applies. Additionally, since there are two uses proposed for the building at 832 Lee Street, a variable parking requirement is being applied with the categories identified below: Assembly uses: Residentially zoned assembly uses and commercially zoned assembly uses shall have the following parking requirements applied in each specific use within the zoning lot. If the use is not listed below, then refer to the regulations from other portions of the off street parking requirement matrix: Case #19-007-CU 1065 Lee Street Conditional Use Permit Case #19-015-CU-V 820-848 Lee Street 2 Conditional Uses & Major Variations Case #19-021-V-CU-MAP 1274 Rand Road MAP Amendment, Conditional Use Permit, & Major Variations Case #19-020-V-CU-MAP 1266 Rand Road MAP Amendment, Conditional Use Permit, & Major Variations April 23, 2019 Page 9 Community centers, banquet halls and membership organizations 1 space for every 200 square feet of gross activity area Schools: Elementary 1 space for each classroom, plus 1 space per 200 square feet of area devoted to offices High school 1 space for each classroom, plus 1 space per 200 square feet of area devoted to offices, plus 1 space for every 6 students based on maximum enrollment Since the proposed private school will consist of high school-aged students, the more restrictive off street parking requirement for schools apply. The off-street parking calculation for the proposed parking is as found in the chart below: Type of Use Unit of Measurement Required Spaces Assembly Use 3,147 sf 20 spaces Office (downtown) 761 sf 1.5 spaces Primary School 10 classrooms 51.9 spaces Total Required Parking = 73 spaces The 73 required spaces could not be accommodated on the subject parcels. A Major Variation for the required off street parking is required – the request is to reduce the required parking from 73 to 63 spaces. The petitioners are proposing to construct a brand new 63 off street parking lot by utilizing the Case #19-007-CU 1065 Lee Street Conditional Use Permit Case #19-015-CU-V 820-848 Lee Street 2 Conditional Uses & Major Variations Case #19-021-V-CU-MAP 1274 Rand Road MAP Amendment, Conditional Use Permit, & Major Variations Case #19-020-V-CU-MAP 1266 Rand Road MAP Amendment, Conditional Use Permit, & Major Variations April 23, 2019 Page 10 grassy area as well as resurfacing several other portions of the property to accommodate new off street parking. The new parking lot will contain curb and gutter improvements, bio- swales, extensive landscaping and parking lot lighting that will comply with applicable codes. Moreover, the petitioner is proposing to reduce the curb cut count onto Lee Street from two to one. A condition has been added to this staff report to add enhancements to this curb cut to restrict vehicles from entering Lee Street in the wrong direction. Note, an active off street parking lease agreement has been entered into between the purchase contractors and the current owners to utilize 28 parking spaces immediately south of 848 Lee Street at non-church related times which exceeds the deficit of the requested ten spaces for the variance. Per the supplemental parking agreement for the lot south of 848 Lee Street, the petitioner will be allowed these parking spaces when they are not in use by Immanuel Lutheran Church participants. Please see Attachments #6 and #7 for the Traffic Study and the Supplemental Parking Lease Agreement. The Traffic Study, conducted by KLOA, discusses the trip generation, traffic flow and times of peak traffic for the proposed development. Staff Review As part of the application review process, the following departments reviewed the proposed preliminary drawings: Fire Prevention, Building Division, Public Works and Engineering, and Community and Economic Development. The applicant worked with staff to incorporate the comments and reduce any potential impact on surrounding properties and to advance the public health, safety and welfare. All staff review comments have been or will be incorporated into the drawings and/or conditions associated with this 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 #19-007-CU 1065 Lee Street Conditional Use Permit Case #19-015-CU-V 820-848 Lee Street 2 Conditional Uses & Major Variations Case #19-021-V-CU-MAP 1274 Rand Road MAP Amendment, Conditional Use Permit, & Major Variations Case #19-020-V-CU-MAP 1266 Rand Road MAP Amendment, Conditional Use Permit, & Major Variations April 23, 2019 Page 11 A. The proposed Conditional Use is in fact a Conditional Use established within the specific Zoning district involved: Comment: Commercially Zoned Assembly Use and a Private School are listed as Conditional Uses, as specified in Section 12-7-3(K) of the 1998 City of Des Plaines Zoning Ordinance, as amended, for properties in the C-5 Central Business District. B. The proposed Conditional Use is in accordance with the objectives of the City’s Comprehensive Plan: Comment: The proposed use of the site is office, assembly use and as a private school. The Future Land Use Map found in the Comprehensive Plan designates this site as Institutional. The proposed use fits the institutional designation of this property and advances the goals of the Comprehensive Plan’s of embracing diversity as the petitioner is proposing to open a cultural institution and private school to emphasizing the Bulgarian culture. 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 petitioner proposes to maintain the existing building. Additionally, no expansion of the building is being proposed at this time. As such, the proposed Conditional Uses will be harmonious and appropriate in appearance as no changes are being proposed. D. The proposed Conditional Use is not hazardous or disturbing to existing neighboring uses: Comment: The petitioner proposes to reactivate the building for a variety of uses including offices, educational services, recreational activities and other related aspects as identified in the application. These activities are spread throughout the week which will not be hazardous or disturb the existing neighbors. Additionally, a comprehensive traffic study has been provided by KLOA and is attached to this report to identify the trip generation, parking demand and traffic flow. The petitioner is also entering into a parking agreement with Immanuel Lutheran School in order to accommodate the gap in parking. 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: Case #19-007-CU 1065 Lee Street Conditional Use Permit Case #19-015-CU-V 820-848 Lee Street 2 Conditional Uses & Major Variations Case #19-021-V-CU-MAP 1274 Rand Road MAP Amendment, Conditional Use Permit, & Major Variations Case #19-020-V-CU-MAP 1266 Rand Road MAP Amendment, Conditional Use Permit, & Major Variations April 23, 2019 Page 12 Comment: The existing office building has been adequately served by essential public facilities and services. The proposed use will also be adequately served by essential public facilities and services. Public Works, Engineering, Fire Prevention, Building and Zoning have been consulted on the proposed use and improvements. All proposed items have either been satisfied with adequate capacity in services or conditions have been placed with this staff report to ensure the minimization of any potential impact onto adjacent properties. 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 Commercially Zoned Assembly Use and Private School will not create excessive additional requirements at the public expense as the petitioner plans to use the existing building and property. The proposed Conditional Use will not be detrimental to the economic well-being of the community. A condition is being added to the application to ensure a supplemental parking lease agreement will be in place for the life of the uses. 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 Commercially Zoned Assembly Use and Private School will have activities dispersed throughout the entire week with most activities generally occurring during non-peak rush hours such as Saturdays and week nights. As such, it is determined that there will not be any detriment to the public or to adjoining properties. Moreover, conditions have been placed with this report to ensure minimal impact to adjoining properties. 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 Commercially Zoned Assembly Use and Private School will not create an interference with traffic on surrounding public thoroughfares. According to the attached Traffic Study conducted by KLOA the traffic will be dispersed throughout the week and most of the traffic generated will occur during non-rush hours. Therefore, the proposed use will not interfere with traffic and the surrounding road network. Case #19-007-CU 1065 Lee Street Conditional Use Permit Case #19-015-CU-V 820-848 Lee Street 2 Conditional Uses & Major Variations Case #19-021-V-CU-MAP 1274 Rand Road MAP Amendment, Conditional Use Permit, & Major Variations Case #19-020-V-CU-MAP 1266 Rand Road MAP Amendment, Conditional Use Permit, & Major Variations April 23, 2019 Page 13 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 Commercially Zoned Assembly Use and Private School will not cause the destruction, loss, or damage of any natural, scenic or historic features of major importance. The proposed uses are during non-peak rush hours and each use will generally occur when the office and religious uses are not in use. The petitioners are utilizing the existing vacant school which was originally constructed in approximately 1930. J. The proposed Conditional Use complies with all additional regulations in the Zoning Ordinance specific to the Conditional Use requested: Comment: The proposed Commercially Zoned Assembly Use meets the requirements of the Zoning Ordinance for the C-5 Central Business District. The petitioners are applying for a Major Variation for off street parking. However, the petitioners are adding approximately 50 more off street parking spaces than what currently exists. Variation Findings Variation requests are subject to the standards set forth in Section 12-3-6(H) of the 1998 City of Des Plaines Zoning Ordinance, as amended. In reviewing these standards, staff has the following comments: A. Hardship: No variation shall be granted unless the applicant shall establish that carrying out the strict letter of the provisions of this title would create a particular hardship or a practical difficulty. Comment: The petitioner has designed the properties to incorporate as many off street parking spaces as the property can hold in addition to accommodating for off street parking lot landscaping, proper drainage, circulation and designing for the City’s largest fire truck. The petitioner has supplied a parking license agreement for the gap in the spaces as well as additional spaces past what is required. B. Unique Physical Condition: The subject lot is exceptional as compared to other lots subject to the same provision by reason of a unique physical condition, including presence of an existing use, structure, or sign, whether conforming or nonconforming; irregular or substandard shape or size; exceptional topographical features; or other extraordinary physical conditions peculiar to and inherent in the subject lot that amount to more than a Case #19-007-CU 1065 Lee Street Conditional Use Permit Case #19-015-CU-V 820-848 Lee Street 2 Conditional Uses & Major Variations Case #19-021-V-CU-MAP 1274 Rand Road MAP Amendment, Conditional Use Permit, & Major Variations Case #19-020-V-CU-MAP 1266 Rand Road MAP Amendment, Conditional Use Permit, & Major Variations April 23, 2019 Page 14 mere inconvenience to the owner and that relate to or arise out of the lot rather than the personal situation of the current owner of the lot. Comment: The property was originally constructed in 1930 which contains an inadequate number of parking spaces to meet the current Zoning Ordinance off street parking requirement for both a Commercially Zoned Assembly Use and a Private School. There is a unique physical condition with the land as the remaining open space is quite limited in order to construct a 73 space off street parking lot. The petitioner is proposing to construct 64 off street parking spaces, a deficit of 10 off street parking spaces. C. Not Self-Created: The aforesaid unique physical condition is not the result of any action or inaction of the owner or its predecessors in title and existed at the time of the enactment of the provisions from which a variance is sought or was created by natural forces or was the result of governmental action, other than the adoption of this title. Comment: The physical condition of the existing building and limited remaining open space resulted in a situation that was not created by the petitioner. D. Denied Substantial Rights: The carrying out of the strict letter of the provision from which a variance is sought would deprive the owner of the subject lot of substantial rights commonly enjoyed by owners of other lots subject to the same provision. Comment: If the variation is not granted to the applicant, then the applicant’s project may not move forward despite the notion that the petitioner is trying to reactivate the former Immanuel Lutheran School with another Private School and add a Commercially Zoned Assembly Use – Meeting House-Cultural Center to the same building. The property may not be able to accommodate all off street parking; however, the petitioner is compensating for the shortage with a lease agreement for more parking with Immanuel Lutheran Church. E. Not Merely Special Privilege: The alleged hardship or difficulty is neither merely the inability of the owner or occupant to enjoy some special privilege or additional right not available to owners or occupants of other lots subject to the same provision, nor merely the inability of the owner to make more money from the use of the subject lot. Comment: Granting the requested variance for off street parking will not be granting a special privilege to the applicant and this not an opportunity for the petitioner to make more money from the use of the subject lot as the petitioner’s organization is a non-profit 501(c)3 organization. Case #19-007-CU 1065 Lee Street Conditional Use Permit Case #19-015-CU-V 820-848 Lee Street 2 Conditional Uses & Major Variations Case #19-021-V-CU-MAP 1274 Rand Road MAP Amendment, Conditional Use Permit, & Major Variations Case #19-020-V-CU-MAP 1266 Rand Road MAP Amendment, Conditional Use Permit, & Major Variations April 23, 2019 Page 15 Additionally, petitioner is proposing to reactivate the vacant school property as a Private School and Bulgarian Cultural Center. F. Title And Plan Purposes: The variation would not result in a use or development of the subject lot that would be not in harmony with the general and specific purposes for which this title and the provision from which a variation is sought were enacted or the general purpose and intent of the comprehensive plan. Comment: The proposed project will meet the intent of the 2019 Comprehensive Plan as the site is identified as Institutional. The petitioner is proposing to reactive a former school with a new school and cultural center. While the proposed variation is for off street parking, the use of the site will be in harmony with the Zoning Ordinance as the petitioner is not proposing to physically expand the subject building and result in a more intense use. Additionally, the off peak times that the building will be utilized will assist with minimal traffic disruption to the surrounding areas. G. No Other Remedy: There is no means other than the requested variation by which the alleged hardship or difficulty can be avoided or remedied to a degree sufficient to permit a reasonable use of the subject lot. Comment: The petitioners have utilized the maximum amount of land that can be reasonably accommodated for the new off street parking lot. However, the petitioners could not accommodate the required 73 off street parking spaces entirely on site so there is a supplemental parking lease with Immanuel Lutheran Church to provide more parking spaces than just the 10 parking space deficit. A condition has been added to this staff report to ensure that the parking lease remains active for the life of the conditional use. H. Minimum Required: The requested variation is the minimum measure of relief necessary to alleviate the alleged hardship or difficulty presented by the strict application of this title. Comment: The petitioner has proposed as many parking spaces that can be accommodated on the site and meet all other applicable codes. The extent of the variation has been reduced to the maximum extent possible and the gap in parking spaces provided is being supplemented by the off street parking lease. Recommendation: I recommend approval of the Conditional Use Permit for the operation of a Commercially Zoned Assembly Use, Conditional Use for a Private School and a Major Variation for Case #19-007-CU 1065 Lee Street Conditional Use Permit Case #19-015-CU-V 820-848 Lee Street 2 Conditional Uses & Major Variations Case #19-021-V-CU-MAP 1274 Rand Road MAP Amendment, Conditional Use Permit, & Major Variations Case #19-020-V-CU-MAP 1266 Rand Road MAP Amendment, Conditional Use Permit, & Major Variations April 23, 2019 Page 16 Off Street Parking at 820-848 Lee Street based on a 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, as amended, subject to the following conditions: 1. That the conditional uses for Commercially Zoned Assembly Use and for a Private School be strictly assigned to the building at 832 Lee Street. 2. Any expansion for any other proposed use shall require the property owner/applicant to obtain an amendment to the Conditional Use Permit. 3. That the property shall only be used as a Commercially Zoned Assembly Use and for a Private School for the following activities: a. Community services; b. Recreational and social activities that complies with all applicable codes; c. Private school and adult education lessons; and d. Office uses directly related to Little Bulgarian School Organization. 4. The south radius of the proposed Lee Street driveway shall be a five foot radius to visually reinforce the one-way northbound flow of Lee Street. A “No Right Turn” sign shall be installed on the private side of the property line adjacent to the Lee Street curb cut to prevent wrong way traffic. These items shall be shown on future engineering drawings. 5. The curb cuts being closed on Lee Street shall be restored to the City of Des Plaines and IDOT specifications, including the abutting streetscape. 6. That the maximum number of people gathering in any space exceeds the maximum occupancy load prescribed by the Fire Protection Department. 7. Any food service preparation for any member shall come from a commercial grade kitchen. 8. The petitioner shall maintain the parking lease agreement for the life of the uses. Any amendment to the parking lease agreement shall be approved by the Director of Community and Economic Development. If the active parking lease agreement is terminated, the petitioner shall enter into a new parking lease agreement for at least 10 parking spaces within 30 days of the active parking lease termination. 9. Drawings submitted for permit shall be in substantial compliance with the attachments except where amendments are needed to comply with all applicable codes. Planning and Zoning Board Procedure: Under Section 12-3-4(D) (Procedure for Review and Decision for Conditional Uses) and Section 12-3-5(G) (Procedure for Review and Decision for a Major Variation) 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 Permits for a Commercially Zoned Assembly Use and a Private School and for a Major Variation under Section 12-3-5 for Off Street Parking for the properties at 820-848 Lee Street. The City Council has final authority on the proposal. Case #19-007-CU 1065 Lee Street Conditional Use Permit Case #19-015-CU-V 820-848 Lee Street 2 Conditional Uses & Major Variations Case #19-021-V-CU-MAP 1274 Rand Road MAP Amendment, Conditional Use Permit, & Major Variations Case #19-020-V-CU-MAP 1266 Rand Road MAP Amendment, Conditional Use Permit, & Major Variations April 23, 2019 Page 17 Board Member Catalano asked if Petitioner is aware of the 9 Conditions or has concerns. Mr. Petrov advised – yes, and he does not. Chairman Szabo asked if anyone in the audience is in favor of this proposal. Approximately 22 people raised their hands. He asked if anyone objects. No one responded. Chairman Szabo asked if anyone in the audience wishes to speak. No one responded. He asked the Board if there are further questions. There was none. Board Member Catalano asked if these should be moved together or separately. Coordinator Ainsworth stated altogether is fine. A motion was made by Board Member Catalano, seconded by Board Member Fowler, to recommend approval to City Council for the 3 requests with 9 Conditions. AYES: Catalano, Fowler, Bader, Hofherr, Saletnik, Schell, & Szabo NAYES: None ***MOTION CARRIED UNANIMOUSLY*** Chairman Szabo stated a favorable recommendation would be submitted to City Council. Coordinator Ainsworth advised this would be on the May 20, 2019, agenda. 3. Address: 1274 Rand Road Case 19-021-V-CU-MAP The petitioner is requesting the following items: i) a Map Amendment under Section 12-3-7 of the 1998 Des Plaines Zoning Code, as amended, to rezone the property from C-3 General Commercial to M-2 General Manufacturing; ii) a Conditional Use Permit under Section 12-7-4(G) of the 1998 Des Plaines Zoning Code, as amended, to allow for a Recycling Center business in the M-2 district; and iii) Major Variations under Section 12-7-4(H) of the 1998 Des Plaines Zoning Code, as amended, for the structure(s). PINs: 09-17-200-068 & -115 Petitioner: Jason Doland, Doland Engineering, 334 E. Colfax Street, Unit C, Palatine, IL 60067 Owner: Robert Katz, 1274 Rand Road LLC, 1274 Rand Road, Des Plaines, IL 60016 Case #19-007-CU 1065 Lee Street Conditional Use Permit Case #19-015-CU-V 820-848 Lee Street 2 Conditional Uses & Major Variations Case #19-021-V-CU-MAP 1274 Rand Road MAP Amendment, Conditional Use Permit, & Major Variations Case #19-020-V-CU-MAP 1266 Rand Road MAP Amendment, Conditional Use Permit, & Major Variations April 23, 2019 Page 18 4. Address: 1266 Rand Road Case 19-020-V-CU-MAP The petitioner is requesting the following items: i) a Map Amendment under Section 12-3-7 of the 1998 Des Plaines Zoning Code, as amended, to rezone the property from C-3 General Commercial to M-2 General Manufacturing; ii) a Conditional Use Permit under Section 12-7-4(G) of the 1998 Des Plaines Zoning Code, as amended, to allow for a Recycling Center business in the M-2 district; and iii) Major Variations under Section 12-7-4(H) of the 1998 Des Plaines Zoning Code, as amended, for the structure(s). PINs: 09-17-200-112-000 & -113 Petitioner: Robert Katz, Maine Scrap Metal, 1274 Rand Road, Des Plaines, IL 60016 Owner: Pasquale Mauro, 1266 Rand LLC, 1269 E. Golf Road, Des Plaines, IL 60016 Coordinator Ainsworth advised for the 3rd and 4th agenda items, the Petitioner has requested to continue these matter due to a contract dispute. Discussion took place on Petitioner operating illegally. Operations will not cease; property would be brought to compliance. A motion was made by Board Member Schell, seconded by Board Member Catalano, to open the Public Hearing for Case #3. AYES: Schell, Catalano, Bader, Fowler, Hofherr, Saletnik, & Szabo NAYES: None ***MOTION CARRIED UNANIMOUSLY*** A motion was made by Board Member Schell, seconded by Board Member Catalano, to continue Case #3 to the June 11, 2019, PZB meeting. AYES: Schell, Catalano, Bader, Fowler, Hofherr, Saletnik, & Szabo NAYES: None ***MOTION CARRIED UNANIMOUSLY*** A motion was made by Board Member Schell, seconded by Board Member Catalano, to open the Public Hearing for Case #4. Case #19-007-CU 1065 Lee Street Conditional Use Permit Case #19-015-CU-V 820-848 Lee Street 2 Conditional Uses & Major Variations Case #19-021-V-CU-MAP 1274 Rand Road MAP Amendment, Conditional Use Permit, & Major Variations Case #19-020-V-CU-MAP 1266 Rand Road MAP Amendment, Conditional Use Permit, & Major Variations April 23, 2019 Page 19 AYES: Schell, Catalano, Bader, Fowler, Hofherr, Saletnik, & Szabo NAYES: None ***MOTION CARRIED UNANIMOUSLY*** A motion was made by Board Member Schell, seconded by Board Member Catalano, to continue Case #4 to the June 11, 2019, PZB meeting. AYES: Schell, Catalano, Bader, Fowler, Hofherr, Saletnik, & Szabo NAYES: None ***MOTION CARRIED UNANIMOUSLY*** ADJOURNMENT The next PZB meeting is scheduled for May 14, 2019. A motion was made by Board Member Schell, seconded by Board Member Catalano, to adjourn the meeting at 8:15 p.m. AYES: Schell, Catalano, Bader, Fowler, Hofherr, Saletnik, & Szabo NAYES: None ***MOTION CARRIED UNANIMOUSLY*** Sincerely, Gale Cerabona, Recording Secretary cc: City Officials, Aldermen, Zoning Board of Appeals, Petitioners