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7/9/19Case 19-021-V-CU-MAP 1274 Rand Road MAP Amendment, Conditional Use Permit, Variations Case 19-033-V 1275 Lee Street Final Plat of Subdivision Case 19-036-PUD-V-SUB 1700 W. Higgins Road Planned Unit Development, Final Plat of Subdivision, Major Variations July 9, 2019 Page 1 DES PLAINES PLANNING AND ZONING BOARD MEETING JULY 9, 2019 MINUTES The Des Plaines Planning and Zoning Board Meeting held its regularly-scheduled meeting on Tuesday, July 9, 2019, at 7 p.m. in Room 101 of the Des Plaines Civic Center. ZONING BOARD Chairman Szabo called the meeting to order at 7:01 p.m. and read this evening’s cases. Roll call was established. PRESENT: Fowler, Hofherr, Saletnik, & Szabo ABSENT: Bader, Catalano, & Schell ALSO PRESENT: Patrick Ainsworth, Coord., Devel. Mgr./Community & Economic Development Gale Cerabona/Recording Secretary APPROVAL OF MINUTES A motion was made by Board Member Hofherr, seconded by Board Member Fowler, to approve the minutes of June 25, 2019, as presented. AYES: Hofherr, Fowler, Saletnik, & Szabo NAYES: None ***MOTION CARRIED UNANIMOUSLY*** PUBLIC COMMENT There was no Public Comment. OLD BUSINESS (continued from 4/23/19) 1. Address: 1274 Rand Road Case 19-031-CU 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 Case 19-021-V-CU-MAP 1274 Rand Road MAP Amendment, Conditional Use Permit, Variations Case 19-033-V 1275 Lee Street Final Plat of Subdivision Case 19-036-PUD-V-SUB 1700 W. Higgins Road Planned Unit Development, Final Plat of Subdivision, Major Variations July 9, 2019 Page 2 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 It was noted this case would be continued to July 23, 2019. Coordinator Ainsworth advised a motion is necessary. A motion was made by Board Member Saletnik, seconded by Board Member Hofherr, to continue this matter to July 23, 2019. AYES: Saletnik, Hofherr, Fowler, & Szabo NAYES: None ***MOTION CARRIED UNANIMOUSLY*** NEW BUSINESS 1. Address: 1275 Lee Street Case 19-033-SUB The petitioner is requesting a Final Plat of Subdivision, under Section 13-2 of Subdivision Regulations of the City of Des Plaines Municipal Code, to consolidate the subject lots. PINs: 09-02-400-041; -043; and -044 Petitioner: Eric Nelson, Nelson Automotive Inc., 1801 S. Busse Road, Mount Prospect, IL 60056 Owner: Eric Nelson, Meridian Equities, LLC, 1801 S. Busse Road, Mount Prospect, IL 60056 Eric Nelson, Meridian Equities, LLC, 1801 S. Busse Road, Mount Prospect, IL 60056 Chairman Szabo swore in Eric Nelson, Meridian Equities, LLC, 1801 S. Busse Road, Mount Prospect, IL & Frank D. Childers, P.E., G&C Consulting Engineers, Inc., 28W123 Industrial Avenue, Unit 4, Lake Barrington, IL. Mr. Nelson stated they are consolidating the lots as a condition of approval from the 2018 ordinance. Case 19-021-V-CU-MAP 1274 Rand Road MAP Amendment, Conditional Use Permit, Variations Case 19-033-V 1275 Lee Street Final Plat of Subdivision Case 19-036-PUD-V-SUB 1700 W. Higgins Road Planned Unit Development, Final Plat of Subdivision, Major Variations July 9, 2019 Page 3 Chairman Szabo asked if the Board has questions. Board Member Hofherr asked: • regarding the dealership and pre-owned vehicles, if Petitioner would also be selling new vehicles. Mr. Nelson stated, due to manufacturer requirements, one must be an owner or a General Manager of a franchise. He noted he was offered a General Manager position but declined as the job was not in a metropolitan area. • how many salespeople there are. Mr. Nelson advised – currently 4 employees (including 1 salesperson); will run a lean operation; would like to have 3 salespeople. There are 3 mechanics (1 per service bay; inefficient) and 2 porters; would like to double this. Chairman Szabo asked if the parking changed. Mr. Nelson advised – there was a change at the southwest corner as the property to the south did not want a cross access driveway. This cross access is being closed and more vehicle parking will be taking place on the subject site. Chairman Szabo asked Staff to provide the Staff Report which Coordinator Ainsworth did: Issue: The petitioner is requesting a Final Plat of Subdivision, under Section 13-2 of Subdivision Regulations of the City of Des Plaines Municipal Code, to consolidate the subject lots. Analysis: Address: 1275 Lee Street Owners: Eric Nelson, Meridian Equity Inc., 1801 S. Busse Road, Mount Prospect, IL 60056 Petitioner: Eric Nelson, Nelson Automotive Inc., 1801 S. Busse Road, Mount Prospect, IL 60056 Case Number: 19-033-SUB Real Estate Index Numbers: 09-02-400-041-0000; 09-02-400-043-0000; 09-02-400-044-0000 Ward: #5, Alderman Carla Brookman Existing Zoning: C-3 General Commercial District Existing Land Use: Commercial Surrounding Zoning: North: C-3 General Commercial District South: C-3 General Commercial District Case 19-021-V-CU-MAP 1274 Rand Road MAP Amendment, Conditional Use Permit, Variations Case 19-033-V 1275 Lee Street Final Plat of Subdivision Case 19-036-PUD-V-SUB 1700 W. Higgins Road Planned Unit Development, Final Plat of Subdivision, Major Variations July 9, 2019 Page 4 East: R-1 Single-Family Residential District West: C-3 General Commercial District Surrounding Land Use: North: Commercial South: Commercial East: Railroad; Single-Family Residential West: Commercial Street Classification: Lee Street is an arterial street Comprehensive Plan: The Comprehensive Plan designates the site as Commercial Project Description: In 2018, the applicant, Eric Nelson, received approval from City Council for a Conditional Use Permit to allow Motor Vehicle Sales, Auto Service Repair, and Auto Body Repair at 1275 Lee Street in the C-3 General Commercial District. The petitioner proposes to open a pre-owned dealership called Hey Cars which is currently operating out of Mount Prospect. Since obtaining the Conditional Use Permit, the petitioner has acquired the property and is applying for a Final Plat of Subdivision to fulfill one of the conditions of approval from the 2018 case, consolidate the three lots into one lot of record. The subject property is 2.93 acres in size and is comprised of three separate lots, which is currently improved with a vacant restaurant building (the former Silver Stallion), a parking lot, several unpaved areas and open space in the rear. Note, the property was 2.95 acres is size; however, the Illinois Department of Transportation (IDOT) recently acquired a small portion of land adjacent to the Lee Street right-of-way for the Lee Street/Forest Avenue intersection improvement project. As identified in the applicant’s 2018 submittals, the petitioner proposes to rehab the existing single-story building and construct a single-story addition in the rear. The front portion of the building will be dedicated to auto sales, while the rear portion will be used for auto repair consisting of 16 service bays. The addition will have a metal frame with metal panel cladding, while the front renovation work will be comprised of brick and new metal panel cladding and fiber cement architectural panel over Case 19-021-V-CU-MAP 1274 Rand Road MAP Amendment, Conditional Use Permit, Variations Case 19-033-V 1275 Lee Street Final Plat of Subdivision Case 19-036-PUD-V-SUB 1700 W. Higgins Road Planned Unit Development, Final Plat of Subdivision, Major Variations July 9, 2019 Page 5 the exiting building. Renderings of the proposed building are attached for reference (Attachment 8). In addition to the changes to the building, the petitioner proposes to install a new parking lot with 295 spaces. There will be 84 spaces dedicated to customers and employees, as is required per code based on the intensity of the proposed uses for the site, and 178 parking spaces will be used for display of vehicles for sale. Additionally, there are 33 parking spaces proposed for the rear of the building that would be used to store vehicles that are waiting to be worked on. These numbers have been amended since the 2018 application as the access drive aisle that connects the subject property to Lee Manor at 1301 Lee Street will be closed. The owner of Lee Manor does not desire for the cross access drive aisle to remain open between the two properties. With regards to the Final Plat of Subdivision, the dimensions and the layout of the proposed plat generally matches the Tentative Plat of Subdivision that was presented to the Planning and Zoning Board and City Council in 2018. However, there was a condition in the 2018 approvals that all three existing lots be consolidated to the one lot of record and, as identified earlier in this staff report, the property size has been slightly reduced due to IDOT acquiring part of the property for roadway project. Compliance with the Comprehensive Plan There are several parts of the newly adopted Comprehensive Plan that align with the proposed project. Those portions are as follows: • Under Future Land Use Map: o The property is marked for Commercial land uses. These are areas are designated for establishments that are for retail and service based uses. The proposed use will provide automobile sales and service offerings to the residents, workers and visitors in this corridor. • Under Economic Vision Statement: o “Residents and visitors will be afforded a variety of retail, dining and entertainment options with special focus on major commercial corridors….” Case 19-021-V-CU-MAP 1274 Rand Road MAP Amendment, Conditional Use Permit, Variations Case 19-033-V 1275 Lee Street Final Plat of Subdivision Case 19-036-PUD-V-SUB 1700 W. Higgins Road Planned Unit Development, Final Plat of Subdivision, Major Variations July 9, 2019 Page 6 While the aforementioned bullet points are only a small portion of the Comprehensive Plan, there is a large emphasis on developing and enhancing our commercial corridors and underutilized properties. The applicant is proposing to take a vacant three-acre parcel and re-energize the property with a pre-owned car dealership. Recommendation: I recommend approval of the Final Plat of Subdivision request per 13-2 of the Des Plaines Subdivision Ordinance. Planning and Zoning Board Procedure: Under Section 13-2-7 (Approval of Final Plat By Planning and Zoning Board) of the Subdivision 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 Final Plat of Subdivision request for the property at 1275 Lee Street. The City Council has final authority over the proposal. Chairman Szabo asked, regarding the drainage exhibit, if it has been altered or changed. Mr. Childers advised – no, just improvements – more curbs, removed curb breaks, and added drainage per the City Engineer. Chairman Szabo asked if anyone in the audience is in favor of this proposal. No one responded. He asked if anyone is opposed or has any questions. The following came forward and were sworn in: • Chuck Lindberg 1307 Jeannette Street Mr. Lindberg shared he is across from Lee Street and asked about lighting. Mr. Nelson stated he would not be leaving the lights on all night. Mr. Childers advised it would be security lighting; Mr. Nelson reported they close at 8 p.m., and there would be 2 small LED lights. Mr. Lindberg asked about the height. Coordinator Ainsworth stated a photometrics plan is required and expounded on same. Mr. Lindberg suggested orienting the lights toward the lot. • Martha Hoover 1297 Jeannette Street Ms. Hoover asked if she would be affected and will there be any vehicle test drives on local streets. Mr. Nelson stated no. A motion was made by Board Member Hofherr, seconded by Board Member Fowler, to recommend approval to City Council for the Final Plat of Subdivision. AYES: Hofherr, Fowler, Saletnik, & Szabo NAYES: None Case 19-021-V-CU-MAP 1274 Rand Road MAP Amendment, Conditional Use Permit, Variations Case 19-033-V 1275 Lee Street Final Plat of Subdivision Case 19-036-PUD-V-SUB 1700 W. Higgins Road Planned Unit Development, Final Plat of Subdivision, Major Variations July 9, 2019 Page 7 ***MOTION CARRIED UNANIMOUSLY*** Coordinator Ainsworth advised this petition would go to City Council on August 19, 2019. 2. Address: 1700 W. Higgins Road Case 19-036-PUD-V-SUB The petitioner is requesting final approval of a Planned Unit Development (PUD) with exceptions under Section 12-3-5 of the 1998 City of Des Plaines Zoning Ordinance, as amended, a Final Plat of Subdivision, under Section 13-2 of Subdivision Regulations of the City of Des Plaines Municipal Code, and Major Variances for Off-Street Parking and Lot Depths under Code Sections 13-2-6 of the Subdivision Regulations of the City of Des Plaines Municipal Code and 12-3-6 of the 1998 Des Plaines Zoning Ordinance, as amended, to allow for the construction of a new restaurant outlot building, the construction of a new parking lot, and other various property improvements on the subject property. PINs: 09-33-309-007, -009 & 09-33-310-004 Petitioner: Brian Liston, Liston & Tsantilis, P.C., 33 N. LaSalle St. 28th Floor Chicago, IL 60602 Owner: Andrew Saunders, Marine Higgins Center, LLC, 117 Macquarie St., Sydney, SSW 2000 Australia & Village of Rosemont, 9501 W. Devon Avenue, Rosemont, IL 60018 Coordinator Ainsworth advised that Mr. Liston is not here another attorney from the same firm is representing the applicant tonight. Chairman Szabo swore in Mark Rogers, Attorney, Liston & Tsantilis, PC, 33 N. LaSalle, 28th floor, Chicago, IL and Brett Duffy, P.E. Principal, Spaceco Inc. 9575 W. Higgins Road, Suite 700, Rosemont, IL. Mr. Rogers offered a PowerPoint presentation as follows: • Basic Site Information • Summary of Request (Variations) • Final Planned Unit Development o Full-service restaurant o Incubator space (new businesses) o 88 off-street parking spaces in vacant lot o Storm water management o New bridge • Final Drawings • Improvements o Elevator plan o Furniture installed o Café upgrades inside of the office building o Incubator space build-out Case 19-021-V-CU-MAP 1274 Rand Road MAP Amendment, Conditional Use Permit, Variations Case 19-033-V 1275 Lee Street Final Plat of Subdivision Case 19-036-PUD-V-SUB 1700 W. Higgins Road Planned Unit Development, Final Plat of Subdivision, Major Variations July 9, 2019 Page 8 o 6,000 sq. ft. restaurant (multiple leads at this time)  50 parking spots  Easement and shared parking (on all lots)  Restaurant parking lot o New parking lot and bridge o Storm water management  Underground vaults  Surface basin  September-October anticipated start dates for some of the work • Major Variations o Reduce off-street parking spaces from 541 to 375, lose 50 parking spaces on lot 3, but gain 88 parking spaces on the new lot 1, some office parking spaces would be lost due to the new restaurant, but the entire development will have a net gain of 33 spaces o Reduce off-street parking from 54 to 50 spaces for the restaurant lot; 416 spaces and 9 ADA totals 425 for the entire development o Lot depth variation requests are for the billboard lots which is for taxation purposes • Final Plat of Subdivision (lots were illustrated and described; easements) • Cross access and parking easements were discussed at length (restaurant patrons can park on the office parking lot to assist with peak demand times) • Compliance with the City’s Comprehensive Plan o Restaurant o Incubator space o Economic development • Compliance with the City’s Strategic Plan Board Member Fowler asked: • if people would use the restaurant during the day or evening. Mr. Rogers stated – we are planning on lunch and dinner, possibly breakfast Coordinator Ainsworth referred to the traffic study and elaborated on the trip generation and parking demand. • if there is a focus for the incubator space. Mr. Rogers stated – SME growth (small business; no specific industry) Board Member Hofherr asked what the building height exception referred to in the application. Coordinator Ainsworth advised that it is for the existing 6 story, 72 ft.-high building. The max height in the C-3 is 45 feet so the exception is to protect the existing status of the building. The applicant is not planning on adding any additional height to the building. Case 19-021-V-CU-MAP 1274 Rand Road MAP Amendment, Conditional Use Permit, Variations Case 19-033-V 1275 Lee Street Final Plat of Subdivision Case 19-036-PUD-V-SUB 1700 W. Higgins Road Planned Unit Development, Final Plat of Subdivision, Major Variations July 9, 2019 Page 9 Board Member Saletnik asked: • if Petitioner is aware of the 7 Conditions. Mr. Rogers asked for a copy. Coordinator Ainsworth handed him a copy of same. Mr. Rogers reviewed then stated – he is aware. • if there are any issues with them. Mr. Rogers stated – no Chairman Szabo asked Staff to provide the Staff Report which Coordinator Ainsworth did: Issue: The petitioner is requesting a Final Planned Unit Development (PUD) a Final Plat of Subdivision, Major Variations for Off Street Parking and Subdivision Variations to allow for the construction of a new freestanding restaurant building, the construction of a new parking lot, and constructing various other improvements on the property. Analysis: Owner: Andrew Saunders, Marine Higgins Center, LLC, 117 Macquarie St. Sydney, SSW 2000 Australia & Village of Rosemont, 9501 W. Devon Avenue Rosemont, IL 60018 Petitioner: Brian Liston from Liston & Tsantilis, P.C. 33 N. LaSalle St. 28th Floor Chicago, IL 60602 Case Number: 19-036-FPUD-FSUB-V Real Estate Index Numbers 09-33-309-007, -009, & 09-33-310-004 Existing Zoning C-3, General Commercial District (as of April 15, 2019) Existing Land Use Office Building and Vacant Land Surrounding Zoning North: I-90 Tollway, R-1 Single-Family Residential District and MH-1 Mobile Home Park District South: Government and Institutional (Rosemont) East: C-2, Limited Office Commercial West: C-3 General Commercial District (PUD) Surrounding Land Use North: I-90 Tollway then Single Family and Mobile Home Park South: Fitness Center, Multi-Family Building and Fire Department Facility East: Open Space Park West: Commercial-Retail-Hotel Mixed Use District Street Classification West Higgins Road – Arterial Street Case 19-021-V-CU-MAP 1274 Rand Road MAP Amendment, Conditional Use Permit, Variations Case 19-033-V 1275 Lee Street Final Plat of Subdivision Case 19-036-PUD-V-SUB 1700 W. Higgins Road Planned Unit Development, Final Plat of Subdivision, Major Variations July 9, 2019 Page 10 Comprehensive Plan Commercial Designation Final Planned Unit Development Project Description The current property owner is proposing and undergoing a multi- million dollar renovation and partial redevelopment of the existing office building property at 1700 Higgins Road as well as vacant land that is currently owned by the Village of Rosemont. With all lots combined, the property encompasses 7.276 acres in land area. The westernmost lot is unimproved; however, the current property owner of 1700 Higgins Road contains an active purchase agreement for this lot which gives the property owner unified control over this lot and the 1700 Higgins Road property. The office building property is currently improved with a six-story office building constructed in 1986 with approximately 135,000 square feet of leasable office space and 392 off street parking spaces. There is a breakdown of 358 surface parking spaces, 28 parking spaces located within the building and six handicap accessible spaces for the total of 392 spaces. The property owner proposes to conduct the following enhancements to the existing property and the vacant property to the west that is owned by the Village of Rosemont: - Construction of an approximately 6,000 square foot Class A sit-down restaurant; - Construction of a brand-new business incubator space within the existing office building to assist emerging Case 19-021-V-CU-MAP 1274 Rand Road MAP Amendment, Conditional Use Permit, Variations Case 19-033-V 1275 Lee Street Final Plat of Subdivision Case 19-036-PUD-V-SUB 1700 W. Higgins Road Planned Unit Development, Final Plat of Subdivision, Major Variations July 9, 2019 Page 11 businesses find office space within the O’Hare office sub- market (Phase I was recently completed); - Construction of a new 88 space off street parking lot on the vacant parcel; - Significant infrastructure upgrades to all properties including the addition of stormwater detention facilities to accommodate run-off; and - Construction of a new bridge over Willow Creek to connect the office building property to the new off street parking lot. The petitioner successfully obtained Preliminary Planned Unit Development approvals earlier in 2019 given the multiple uses, the unique lot configurations, the notion of existing and proposed buildings within the same development, the concept of the proposed parking lot to serve the existing office building and the proposed restaurant and the proposed level of open space with the new parking lot to accommodate stormwater run-off. Additionally, the building was constructed in 1986. At that time, the C-2 Limited Office Commercial District did not exist. Once this zoning district was introduced, it made some components of the existing property non-conforming. As such, the identified exceptions to the current Zoning Ordinance are as follows: - A building height exception of 72 feet where the maximum allowed is 45 feet for the existing office building. o Both the C-2 and C-3 districts have a maximum height of 45 feet. The property owner is not proposing to increase the office building height, but rather protect this building with the proposed PUD exception (Code Section 12-7- 3.L). - An exception to the back of curb setback from the northern edge of the existing off street parking lot to the north Case 19-021-V-CU-MAP 1274 Rand Road MAP Amendment, Conditional Use Permit, Variations Case 19-033-V 1275 Lee Street Final Plat of Subdivision Case 19-036-PUD-V-SUB 1700 W. Higgins Road Planned Unit Development, Final Plat of Subdivision, Major Variations July 9, 2019 Page 12 property line (Code Section 12-9-6-C) – the required setback is 3.5 feet and the closest back of curb setback is 0.8 feet. o The property owner is proposing to maintain the existing back of curb setback. - An exception to the seven-foot perimeter parking lot landscaping area requirement for the existing parking lot (Code Section 12-10-8-C). o This landscaping requirement appears to be introduced in the Zoning Ordinance after the office building was developed. - An exception to the seven-foot perimeter parking lot landscaping area requirement for the proposed parking lot (Code Section 12-10-8-C). o Given the narrow width of the vacant lot, a steep topographical change in elevation, the installation of required on-site detention, and a retaining wall that needs to be constructed along the west property, the proposed parking lot can only accommodate a five-foot landscape area width along between the edge of the parking lot and the west property line. Note, as of the date of this staff report the end user of the new restaurant space has not been officially announced. Moreover, there is a deficit of parking for the existing office building as the office building was built under a different parking requirement, but this application is paired with a variation for the off street parking total. With the addition of the new parking lot to the west, the entire development will have a positive gain on the parking count which reduces the extent of the variance request. The attached traffic study discusses the parking and trip generation in more detail (Attachment 7). The parking variance request is explained in the Major Variations section of the staff report below. Major Variations Project Description: The petitioner has submitted variance requests associated with this development consisting of reducing the off street parking requirement from the required 541 spaces to 375 off street parking spaces for the office building and the required 54 parking Case 19-021-V-CU-MAP 1274 Rand Road MAP Amendment, Conditional Use Permit, Variations Case 19-033-V 1275 Lee Street Final Plat of Subdivision Case 19-036-PUD-V-SUB 1700 W. Higgins Road Planned Unit Development, Final Plat of Subdivision, Major Variations July 9, 2019 Page 13 spaces for the restaurant building down to 50 parking spaces – both variance requests are deviations from Code Section 12-9-7. The existing office building property contains 392 parking spaces which is a non-conforming parking total, but this office building was constructed under a different parking regulation. Additionally, the petitioner is constructing a brand new 88-space parking lot west of Willow Creek. This will bring the parking total for the entire development to 425 spaces, a net gain of 33 off street parking spaces compared to the current parking total – some of the existing office parking spaces will be transitioned to the new restaurant. This parking lot effectively reduces the nonconforming status. The cross access and parking easement that is tied with the Final Plat of Subdivision, as explained in the section below, will also allow cars associated with either lot to share these parking spaces. A major variation is being requested to reduce the potentially required number of parking spaces for the restaurant building. Since there is no user identified at this time, the applicant is proposing a hypothetical floor plan for the restaurant building for the purposes of calculating the required off street parking. Additionally, the petitioner is requesting major variances to reduce the lot depths from 125 feet to six feet for Lots 4 and 5 which entail the base of the billboards. These requests are a deviation from Subdivision Code Section 13-2-5.R. Staff does not have a concern with the lot depth variance requests as the lot configuration is for tax purposes. Final Plat of Subdivision Project Description: The petitioner has submitted a Final Plat of Subdivision in order to re-subdivide the existing lots into five new lots to reflect the redevelopment of this property. The proposed new lot configuration is found below: Proposed Lot Number Proposed/Existing Use Proposed Land Area Case 19-021-V-CU-MAP 1274 Rand Road MAP Amendment, Conditional Use Permit, Variations Case 19-033-V 1275 Lee Street Final Plat of Subdivision Case 19-036-PUD-V-SUB 1700 W. Higgins Road Planned Unit Development, Final Plat of Subdivision, Major Variations July 9, 2019 Page 14 Final Plat of Subdivision - Lot Matrix A description of each proposed lot is as follows: - Lot 1 – The lot configuration from the vacant land to the proposed parking lot does not change as it is bound by Willow Creek and it is its own lot of record. However, the parking lot located on this lot will directly serve the office building and even the proposed restaurant through a blanket parking and access easement agreement. - Lot 2 – The lot for the existing office building will be reduced to accommodate the new proposed restaurant and to create two separate lots for the existing billboards. A blanket cross access and parking easements for pedestrians and motorists has been provided to allow various parties to cross the subject lot to gain access to the other four lots. Additionally, air rights/billboard overhang easements are also provided to the two lots containing the billboards in order to allow the billboard faces to cross over their respective lot and project onto the proposed Lot 2. Note, the two billboards are remaining in place. - Lot 3 – This lot is for the proposed 6,000 square foot building and for the parking spaces to the immediate west. - Lot 4 – This lot encompasses the base of the westernmost billboard sign. - Lot 5 – This lot encompasses the base of the easternmost billboard sign. There will be easements recorded with this subdivision to assist with guiding the parking and existing billboards. The entire property will be provided a “Blanket Pedestrian and Vehicle Access & Parking Easement” to allow the vehicles associated with the future restaurant building to freely park in any open space on the office building lot. The restaurant lot will have 50 off street parking spaces on its own lot; however, overflow parking can park in any open spaces on the office lot. Lot 1 New Parking Lot 84,947 SF Lot 2 Existing Office Building 201,905 SF Lot 3 Proposed Restaurant 30,023 SF Lot 4 Western Billboard 36 SF Lot 5 Eastern Billboard 36 SF Case 19-021-V-CU-MAP 1274 Rand Road MAP Amendment, Conditional Use Permit, Variations Case 19-033-V 1275 Lee Street Final Plat of Subdivision Case 19-036-PUD-V-SUB 1700 W. Higgins Road Planned Unit Development, Final Plat of Subdivision, Major Variations July 9, 2019 Page 15 Additionally, this easement will provide access to vehicles that need to conduct work on the two existing billboard structures. This subdivision also contains a new “Billboard Air Rights” easement to allow the billboard panels to project over the newly created billboard lots. The Final Plat of Subdivision is in substantial compliance with the Tentative Plat of Subdivision except the lot sizes associated with Lots 2 and 3 slightly changed and the easements requested as part of the Tentative Plat of Subdivision approval are on the Final Plat of Subdivision. Compliance with the Comprehensive Plan The City of Des Plaines’ 2019 Comprehensive Plan. There are several parts of the current Comprehensive Plan that align with the proposed project. Those portions are as follows: • Under Future Land Use Map: o The property is marked for commercial land use. The proposed restaurant will take advantage of a well-located site with abutting population generators including O’Hare International Airport, Allstate Arena, several hundred thousand square feet of abutting office space, arterial roads and general proximity to established residential neighborhoods. • Under Economic Development: o The Comprehensive Plan recognizes the economic vitality of the surrounding area and its importance to the broader region. The proposed development of this site would be in keeping with prior development efforts. Additionally, the new restaurant component dovetails the on-going success of the Orchards at O’Hare development to the immediate west. Compliance with the City’s Strategic Plan, Focus 2022 The City’s current Strategic Plan lays out a clear vision for future economic development projects. Specifically, under Re-imagined Growth, the Strategic Plan states the following: “Facilitate creation of a built environment that reflects our character, and attracts the marketplace that will capitalize on our City’s assets and opportunities”. While there are more specific strategies identified in the Strategic Plan, the subject project helps to harness the vision of the City’s Case 19-021-V-CU-MAP 1274 Rand Road MAP Amendment, Conditional Use Permit, Variations Case 19-033-V 1275 Lee Street Final Plat of Subdivision Case 19-036-PUD-V-SUB 1700 W. Higgins Road Planned Unit Development, Final Plat of Subdivision, Major Variations July 9, 2019 Page 16 Strategic Plan by offering a variety of commercial uses that will enhance our tax base and add much needed restaurant and retail options to the Mannheim and Higgins corridor. Conditional Use and PUD Findings As required, the proposed development is reviewed below in terms of the findings contained in Section 3.5-5 of the Zoning Ordinance: A. The extent to which the Proposed Plan is or is not consistent with the stated purpose of the PUD regulations in Section 12-3.5-1 and is a stated Conditional Use in the subject zoning district: Comment: A PUD is a listed conditional use in the C-3 zoning district. The proposed project meets the stated purpose of the PUD. Additionally, the redevelopment of the subject parcels will enhance the neighboring area, but also be cognizant of nearby land uses. Please also see the responses from the applicant. B. The extent to which the proposed plan meets the prerequisites and standards of the planned unit development regulations: Comment: The proposed development will be in keeping with the City’s prerequisites and standards regarding planned unit development regulations. Please also see the responses from the applicant. C. The extent to which the proposed plan departs from the applicable zoning and subdivision regulations otherwise applicable to the subject property, including, but not limited to the density, dimension, area, bulk, and use and the reasons why such departures are or are not deemed to be in the public interest: Comment: The proposed project is in-line with the intent of a PUD as there are exceptions being requested to accommodate the existing building and to provide flexibility in the approval process as this development contains several unique attributes. Additionally, some of the proposed exceptions are being requested to cover existing improvements such as the building height and the parking lot perimeter landscaping areas. Please also see the responses from the applicant. D. The extent to which the physical design of the proposed development does or does not make adequate provision for public services, provide adequate control of vehicular traffic, provide for, protect open space, and further the amenities of light and air, recreation and visual enjoyment: Comment: All provisions for public services, adequate traffic control and the protection of open space are being accommodated in the proposed development. Moreover, the existing traffic Case 19-021-V-CU-MAP 1274 Rand Road MAP Amendment, Conditional Use Permit, Variations Case 19-033-V 1275 Lee Street Final Plat of Subdivision Case 19-036-PUD-V-SUB 1700 W. Higgins Road Planned Unit Development, Final Plat of Subdivision, Major Variations July 9, 2019 Page 17 signal will help guide motorists and pedestrians onto all new lots and the developer will add a significant amount of stormwater facilities to capture any run-off. Please also see the responses from the applicant. E. The extent to which the relationship and compatibility of the proposed development is beneficial or adverse to adjacent properties and neighborhood: Comment: The proposed development complements existing development to the west and southwest. Additionally, measurements will be made to reduce any impact on the nearby residential such as not permitting any electronic message board sign component to the proposed restaurant monument sign and adding landscaping along the perimeter of the restaurant parking lot to reduce potential headlight pollution. Please also see the responses from the applicant. F. The extent to which the proposed plan is not desirable to physical development, tax base and economic well-being of the entire community: Comment: The proposed project will contribute to an improved physical appearance within the City by constructing a new restaurant building as well as an additional parking lot with updated landscaping and open space. This will contribute positively to the tax base and economic well- being of the community. Please also see the responses from the applicant. G. The extent to which the proposed plan is in conformity with the recommendations of the 2019 Comprehensive Plan: Comment: The proposed development meets the goals, objectives and recommendations of the 2019 Comprehensive Plan. Please also see the responses from the applicant. Standards for Major Variation Findings As required, the proposed development is reviewed below in terms of the findings contained in Section 12-3-6.H of the Zoning Ordinance: A. Hardship: No variation shall be granted pursuant to this subsection H 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: There is a particular hardship with this proposal as the main building, the office building, was constructed in a different zoning district and contained a different parking requirement at that time. The off street parking variance request is to protect this property. However, the additional parking provided on Lot 1 will reduce the nonconforming parking count. Case 19-021-V-CU-MAP 1274 Rand Road MAP Amendment, Conditional Use Permit, Variations Case 19-033-V 1275 Lee Street Final Plat of Subdivision Case 19-036-PUD-V-SUB 1700 W. Higgins Road Planned Unit Development, Final Plat of Subdivision, Major Variations July 9, 2019 Page 18 The restaurant lot variance request is four spaces and there is no more land on the proposed Lot 3 to accommodate the four spaces. This parking variance may not necessarily be needed once a restaurant end user is identified. Please also see the responses from the applicant. 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 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: There is extraordinary physical conditions with the property such as a creek that runs through the property cutting off Lot 1 from the rest of the development. This creek and the surrounding area also contains flood plain overlays which requires more stormwater detention accommodations than compared to other properties not located in a flood plain. This property configuration limits the amount of parking that can be provided and therefore, the applicant cannot accommodate all required parking spaces. Please also see the responses from the applicant. 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 off street parking variance request is not self-created as the office building was built over 30 years ago and was constructed under a different off street parking regulation. With the construction of the new 88-space parking lot on the proposed Lot 1, there will be a positive net gain of parking spaces for the development, even with the new 6,000 square foot restaurant being constructed on part of the existing parking lot. Please also see the responses from the applicant. 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: The applicant may be denied substantial rights of enjoying the property as compared to other similar properties as the applicant is investing a significant amount of money and resources to provide the additional parking on the proposed Lot 1. This investment includes, land Case 19-021-V-CU-MAP 1274 Rand Road MAP Amendment, Conditional Use Permit, Variations Case 19-033-V 1275 Lee Street Final Plat of Subdivision Case 19-036-PUD-V-SUB 1700 W. Higgins Road Planned Unit Development, Final Plat of Subdivision, Major Variations July 9, 2019 Page 19 acquisition, stormwater detention facilities, structural enhancement to the creek, a bridge crossing over Willow Creek as well as the parking lot itself. There is a net gain of parking spaces based on the proposed parking lot. Without the variance, no improvements can move forward. Please also see the responses from the applicant. 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: The requests are not for mere special privilege as the owner purchased this property after the building was constructed and the zoning changes occurred. These requests will not provide the applicant with a privilege to enhance the economic value of the property. Granting these variances will reduce the extent of the nonconformity in terms of parking and allow the applicant to invest much-needed dollars in the existing office building and the proposed restaurant. Please also see the responses from the applicant. 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: Granting the variation will keep the property in harmony with the provisions of the Zoning Ordinance and Subdivision Ordinance. The proposed variations are in keeping with the intent of the 2019 Des Plaines Comprehensive Plan as there is a consensus to invest in aging commercial properties to serve the residents, workers and visitors within Des Plaines. Please also see the responses from the applicant. 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: There are no other rational means for the petitioner to remedy the off street parking deficit. A parking structure on Lot 1 cannot be accommodated to provide the parking deficit count and also provide adequate access for life safety vehicles. The only practical accommodation to provide off street parking is a surface lot on the proposed Lot 1. Please also see the responses from the applicant. Case 19-021-V-CU-MAP 1274 Rand Road MAP Amendment, Conditional Use Permit, Variations Case 19-033-V 1275 Lee Street Final Plat of Subdivision Case 19-036-PUD-V-SUB 1700 W. Higgins Road Planned Unit Development, Final Plat of Subdivision, Major Variations July 9, 2019 Page 20 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 extent of the variance request is the smallest request possible as all land within the property boundaries is being used for the buildings, parking lots, stormwater detention or required open space. With the proposed design, there is a net gain of parking spaces which has reduced the extent of the off street variance request. Please also see the responses from the applicant. Standards for Subdivision Variation Findings As required, the proposed development is reviewed below in terms of the findings contained in Section 13-2-6 of the Des Plaines Subdivision Regulations: A. That there are no special circumstances or conditions affecting said property such that the strict application of the provisions of this title would deprive the applicant of the reasonable use of his land. Comment: The existing circumstances with the property such as the existing building and billboards on the property. The petitioner is requesting a lot depth variance from the Subdivision Ordinance for taxation purposes related to the billboards. There are no other lot depth variations being requested with the three newly created lots. B. That the variance is necessary for the preservation and enjoyment of a substantial property right of the petitioner. Comment: The variances are necessary for the enjoyment of the property as a 125 foot lot depth for the two billboard lots would lead to an illogical layout of the parcels and would result in more of the existing office building lot having to be taken away in order for the two new billboard lots to meet the 125 foot lot depth requirement. A new lot configuration in order to meet this requirement would potentially result in more unnecessary easements and possibly other variations. C. That the granting of the variance will not be detrimental to the public welfare or injurious to other property in the territory in which said property is situated. Comment: Granting the lot depth variations will not be detrimental to the public welfare or injurious to any other property owner as the variation is for taxation purposes. Case 19-021-V-CU-MAP 1274 Rand Road MAP Amendment, Conditional Use Permit, Variations Case 19-033-V 1275 Lee Street Final Plat of Subdivision Case 19-036-PUD-V-SUB 1700 W. Higgins Road Planned Unit Development, Final Plat of Subdivision, Major Variations July 9, 2019 Page 21 Recommendations: Staff supports the Final Planned Unit Development with exceptions under Code Section 12-3-5, of the 1998 Des Plaines Zoning Code, as amended, a Final Plat of Subdivision under 13-2 Subdivision Regulations and Major Variations for Parking under Code Section 12-3-6 of the 1998 Des Plaines Zoning Ordinance, and Lot Depth Variances under 13-2-6 of the Subdivision Regulations, as amended subject to the following conditions: 1) That the petitioner enter into a Redevelopment Agreement with the City of Des Plaines or any other form of a similar agreement as required by the City Attorney. 2) Any amendments to the floor plan for the proposed restaurant building, including a reduction in the size of the proposed restaurant, may be approved by the City Manager. However, the size of the restaurant shall not be less than 4,500 square feet in gross floor area. 3) That the governing documents for the subject parcels be reviewed and approved by the City Attorney prior to the recording of any Final PUD Plat or Final Plat of Subdivision. 4) The proposed restaurant building located on Lot 3 shall remain a restaurant for the life of the development. 5) That all easements to be dedicated under a separate document shall first be reviewed and approved by the City Attorney prior to recording and prior to issuing a building permit for Lot 1 or Lot 3. 6) A fire hydrant will be required within 100 feet of the fire department sprinkler connection at the proposed restaurant building. 7) All proposed improvements and modifications shall be in full compliance with all applicable codes and ordinances. Drawings may have to be modified to comply with current codes and ordinances. Planning and Zoning Board Procedure: The Planning and Zoning Board may vote to recommend approval, approval with modifications, or disapproval. The City Council has final authority over the Final Planned Unit Development, the Final Plat of Subdivision and the Major Variations. Chairman Szabo asked if anyone in the audience is in favor or objects to this proposal. No one responded. A motion was made by Board Member Saletnik, seconded by Board Member Hofherr, to recommend approval to City Council for the Final Plat of Subdivision, Planned Unit Development, Major Variations, and 7 Conditions. AYES: Saletnik, Hofherr, Fowler, & Szabo NAYES: None Case 19-021-V-CU-MAP 1274 Rand Road MAP Amendment, Conditional Use Permit, Variations Case 19-033-V 1275 Lee Street Final Plat of Subdivision Case 19-036-PUD-V-SUB 1700 W. Higgins Road Planned Unit Development, Final Plat of Subdivision, Major Variations July 9, 2019 Page 22 ***MOTION CARRIED UNANIMOUSLY*** Coordinator Ainsworth stated this would be on the August 19, 2019 City Council agenda. ADJOURNMENT The next PZB meeting is scheduled for July 23, 2019. A motion was made by Board Member Fowler, seconded by Board Member Hofherr, to adjourn the meeting at 7:39 p.m. AYES: Fowler, Hofherr, Saletnik, & Szabo NAYES: None ***MOTION CARRIED UNANIMOUSLY*** Sincerely, Gale Cerabona, Recording Secretary cc: City Officials, Aldermen, Zoning Board of Appeals, Petitioners