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02/25/2020Case 20-005-CU 1730-1736 E Oakton Conditional Use Case 20-002-CU 150 N East River Rd Conditional Use February 25, 2020 Page 1 DES PLAINES PLANNING AND ZONING BOARD MEETING FEBRUARY 25, 2020 MINUTES The Des Plaines Planning and Zoning Board Meeting held its regularly-scheduled meeting on Tuesday, February 25, 2020, at 7:00 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, Fowler, Hofherr, Saletnik, Szabo, & Veremis ABSENT: Catalano ALSO PRESENT: Patrick Ainsworth, Coord., Devel. Mgr./Community & Economic Development Jonathan Stytz, Planner/Community & Economic Development Wendy Bednarz/Recording Secretary A quorum was present. PUBLIC COMMENT There was no Public Comment. APPROVAL OF MINUTES A motion was made by Board Member Hofherr, seconded by Board Member Fowler, to approve the minutes of February 11, 2020. AYES: Hofherr, Fowler, Bader, Saletnik, Szabo, & Veremis NAYES: None ***MOTION CARRIED UNANIMOUSLY*** Case 20-005-CU 1730-1736 E Oakton Conditional Use Case 20-002-CU 150 N East River Rd Conditional Use February 25, 2020 Page 2 NEW BUSINESS 1. Address: 1732-1736 E. Oakton Street Case Number: 20-005-CU The petitioner is requesting the following items: (i) a Conditional Use under Section 12-3-4 for a Trade Contractor Use in the C-3, General Commercial District; (ii) a Major Variation for off street parking under Section 12-3-6 of the 1998 Des Plaines Zoning Ordinance, as amended; and (iii) approval of any other such variations, waivers, and zoning relief as may be necessary. PINs: 09-21-312-015-0000 Petitioner: Ted Karabatsos, 7033 Jonquil Terrace, Niles, IL 60714 Owner: Dexi Karabatsos, 7033 Jonquil Terrace, Niles, IL 60714 Chairman Szabo swore in Ted Karabatos of 7033 Jonquil Terrance, Niles, IL. Mr. Karabatos provided an overview of his request. Mr. Karabatos stated that the building would primarily be used as a warehouse for storage of sheet metal and roofing supplies. Mr. Karabatos is moving his warehouse from Bensenville where he has been for seven years, prior to the Bensenville location he was in Chicago. Board Member Hofherr inquired about the size of Mr. Karabatos vehicles and width of the driveway. The petitioner stated that the driveway is shared and he has no issue maneuvering his vehicles. Board Member Fowler asked if the petitioner has alley access, he does not. Board Member Saletnik asked about sheet metal fabrication inside the building. Mr. Karabatos stated that gutters would be fabricated inside the building, but bigger items would be site delivered. The building would primarily be used as equipment storage. Chairman Szabo asked if the Board has any questions. There were none. He asked that the Staff Report be given which Planner Stytz did: Issue: The petitioner is requesting a Conditional Use under Section 12-7-3(F)(3) and a Major Variation under Section 12-9-7 of the 1998 Des Plaines Zoning Ordinance, as amended, to allow for a trade contractor use in the C-3 zoning district and reduce the amount of required off-street parking from 27 to 10 spaces at 1730-1736 Oakton Street. Analysis: Address: 1730-1736 E. Oakton Street Owner: Dexi Karabatsos, 7033 Jonquil Terrace, Niles, IL 60714 Petitioner: Ted Karabatsos, 7033 Jonquil Terrace, Niles, IL 60714 Case Number: 20-005-CU Real Estate Index Number: 09-21-312-015-000 Ward: #2, Alderman Colt Moylan Existing Zoning: C-3, General Commercial Existing Land Use: Commercial Mixed-Use Case 20-005-CU 1730-1736 E Oakton Conditional Use Case 20-002-CU 150 N East River Rd Conditional Use February 25, 2020 Page 3 Surrounding Zoning: North: R-1, Single-Family Residential District South: C-3, General Commercial District East: C-3, General Commercial District West: C-3, General Commercial District Surrounding Land Use: North: Single Family Residences South: Commercial East: Commercial West: Commercial Street Classification: Oakton Street is an arterial street. Comprehensive Plan: The Comprehensive Plan designates the site as Lower Density Urban Mix with Residential. Project Description: The petitioner, Ted Karabatsos, has requested a Conditional Use Permit to operate a trade contractor use in the C-3, General Commercial district and Major Variation for to reduce the amount of required off- street parking from 27 to 10 spaces at 1730-1736 E. Oakton Street. The petitioner represents a roofing and sheet metal company called Valdex Construction that purchased the property with the intent of occupying the warehouse space in the back. The proposed use is classified as a trade contractor use, which requires a Conditional Use Permit in the C-3 General Commercial District. The existing two-story, 8,606- square foot building is made up of three tenant spaces on the ground floor and two apartments on the second floor. The two apartments on the second floor of the building are located at 1732 E. Oakton Street. On the ground floor at the front of the building, the first tenant space at 1730 E. Oakton Street has been occupied by State Farm since 2004 and the second tenant space at 1734 E. Oakton Street is vacant. The subject space at 1736 E. Oakton Street is located at the rear of building on the ground floor and is where the petitioner proposes to operate the trade contractor use. The subject space was last occupied by an auto body repair use, which left in 2011. The existing 4,694-square foot tenant space currently contains an office, restroom, storage area, and 3,982-square foot garage/warehouse area with two garage doors, which encompasses a majority of the ground level of the building. Valdex Construction does not have set hours of operation at their office as all work is done off the property at respective job sites. The company employs up to twelve employees during the peak season, but only a few of these employees would be on-site briefly during the day to pick up equipment. The petitioner plans to store up to two company vehicles and equipment inside the building. See the Project Narrative for more information regarding the proposed business. The petitioner does not plan to make any alterations to the space or the building with the exception of adding four off-street parking spaces as shown on the Floor Plan. Since the existing building consists of residential, retail establishment, and service establishment uses, the following parking requirements apply pursuant to Section 12-9-7 of the Zoning Ordinance: • Multiple Family dwellings require a minimum of two parking spaces per dwelling unit; • Retail establishments require one parking space for every 250-square feet of gross floor area; and • Service establishments require one parking space for every 250-square feet of gross floor area. Thus, a total of 27 parking spaces are required on the property. Given the unique shape of the property and the small existing six-space parking lot, the petitioner has added four parking spaces inside of the Case 20-005-CU 1730-1736 E Oakton Conditional Use Case 20-002-CU 150 N East River Rd Conditional Use February 25, 2020 Page 4 garage/warehouse space as shown on the Site Plan (Attachment 5). However, a parking variation is required for the remaining 17 parking spaces as this property was constructed prior to modern parking standards. The parking variation is a formality to allow the trade contractor to re-occupy part of the first floor. Compliance with the Comprehensive Plan The proposed project, including the proposed the site improvements, address various goals and objectives of the 2019 Comprehensive Plan including the following aspects: • Future Land Use Plan: o This property is designated as Lower Density Urban Mix with Residential on the Future Land Use Plan. The Future Land Use Plan strives to create a well-balanced development area with a variety of mixed-use developments with commercial and residential uses along prominent corridors throughout Des Plaines. o The subject property contains a multi-unit building with a mix of residential and commercial uses that is in line with the type of development proposed for major commercial corridors within Des Plaines. All activities and items stored will be conducted inside to reduce any negative impacts. • Landscaping and Screening: o The Comprehensive Plan seeks to encourage and actively pursue beautification opportunities and efforts, including the installation of landscaping, street furniture, lighting, and other amenities, to establish a more attractive shopping environment and achieve stronger corridor identity in Des Plaines. o The proposal seeks to add landscaping along the rear property line to help soften the transition from the mixed-use building and the single-family residences behind it. This property currently does not contain any landscaping so the proposal will seek to add landscaping where possible on the site. o The proposal also includes a new 8-foot solid, opaque view screen fence to abut the parking spaces along the rear property line to further buffer and improve the aesthetics of the property. While the aforementioned aspects represent a small portion of the goals and strategies of the Comprehensive Plan, there is a large emphasis on improving existing commercial developments and enhancing commercial corridors throughout Des Plaines. Compliance with the Oakton Street/Elmhurst Road Corridor Study The proposed project, including the proposed the site improvements, addresses some goals and objectives of the 2009 Oakton Street/Elmhurst Road Corridor Study: • Oakton Mixed Use District: o The Oakton Street/Elmhurst Road Corridor Study seeks to create a strong pedestrian environment and focal point for the community and re-establish this area as a prime location to live, work, and play. Case 20-005-CU 1730-1736 E Oakton Conditional Use Case 20-002-CU 150 N East River Rd Conditional Use February 25, 2020 Page 5 o The subject property is located within the Oakton Mixed Use District and currently contains mixed-use development. While the petitioner currently has no plans to alter the building, there are plans to occupy a vacant tenant space within the existing building to add a new use in the Oakton Mixed Use district. o The proposal also looks to add landscaping and screening where possible on the property to increase corridor beautification. 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: 1. The proposed Conditional Use is in fact a Conditional Use established within the specific Zoning district involved: Comment: A Trade Contractor use is a Conditional Use, as specified in Section 12-7-3(K) of the 1998 City of Des Plaines Zoning Ordinance, as amended, for properties in the C-3 General Commercial District. 2. The proposed Conditional Use is in accordance with the objectives of the City’s Comprehensive Plan: Comment: The Comprehensive Plan designates this property as Lower Density Urban Mix with Residential. The Comprehensive Plan strives to foster growth and redevelopment of mixed-use commercial corridors to provide a wide variety of uses in close proximity to residential developments. This property is positioned along the Oakton Street commercial corridor near single-family residences. The proposal provides another service use for residents in this area and retains the variety of uses within the existing building. 3. 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 subject property currently consists of residential and commercial uses and is developed in a way that is harmonious and consistent with surrounding commercial development. The petitioner proposes to revitalize a vacant tenant space/warehouse in the building for a roofing and sheet metal business. However, the petitioner does not purpose to alter the footprint of the existing building. A majority of the business operations will take place off property at respective job sites, but the petitioner plans to primarily utilize the building for storage of vehicles/equipment and to review blueprints. Materials utilized for each job are direct shipped from the distributors to the job site. The petitioner plans to store two company vehicles on the site at a given time. 4. The proposed Conditional Use is not hazardous or disturbing to existing neighboring uses: Comment: The proposed roofing and sheet metal business will be contained within the walls of the existing building as all activities are conducted either within the garage/warehouse area or off the property on various job sites. The petitioner plans to utilize the warehouse space for storage purposes and for additional parking for the building tenants so as not to create a hazardous or distributing effect on the surrounding development. The footprint, height, and appearance of the existing building will remain the same. However, the interior of the building will be renovated to suit the needs of Valdex Construction. The trade contractor use is consistent with and complementary to other commercial Case 20-005-CU 1730-1736 E Oakton Conditional Use Case 20-002-CU 150 N East River Rd Conditional Use February 25, 2020 Page 6 uses in the area. A majority of the activities will take place inside of the building and landscaping and screening will be enhanced on the north property line to reduce potential impact. 5. The proposed Conditional Use is to be served adequately by essential public facilities and services, such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools; or, agencies responsible for establishing the Conditional Use shall provide adequately any such services: Comment: The existing mixed-use building is adequately served by essential public facilities and services. The proposed trade contractor use will also be adequately served by essential public facilities and services. 6. 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 existing mixed-use building does not create a burden on public facilities or is not a detriment to the economic well-being of the community. There is no anticipated increase in demand for public facilities as a result of the Conditional Use Permit for a trade contractor use. 7. 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 trade contractor use is not anticipated to create additional traffic compared to the existing mixed-use building as a majority of all business activities occur off the property at individual jobs sites and the space will be predominately utilized for storage of materials and equipment. There are no concerns that the proposed use will generate excessive traffic, noise, smoke fumes, glare, or odors. 8. 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 trade contractor use will not create an interference with traffic on surrounding public thoroughfares. There will be no changes to the existing access point onto the property from Oakton Street that is currently utilized by the existing mixed-use building. 9. 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 trade contractor use would not cause the destruction, loss, or damage of any natural, scenic or historic features of major importance. The building and site were already developed for the use of a multi-tenant, mixed-use building. The petitioner plans to add landscaping and screening to improve the aesthetics of the property. 10. The proposed Conditional Use complies with all additional regulations in the Zoning Ordinance specific to the Conditional Use requested: Comment: The proposed trade contractor use meets all other requirements of the Zoning Ordinance for the C-3 General Commercial District with the exception of a variation for off-street parking. The existing property does not permit the number of parking spaces required by the Zoning Ordinance for Case 20-005-CU 1730-1736 E Oakton Conditional Use Case 20-002-CU 150 N East River Rd Conditional Use February 25, 2020 Page 7 each use currently occupying the building. However, the petitioner is working with staff to add additional parking spaces where possible to minimize the parking variation. 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. 1. 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: Carrying out the strict letter of this title would create a particular hardship for the petitioner given that there is limited space available for off-street parking on the subject property. The property’s current development and configuration do not provide adequate room to accommodate the required number of parking spaces. The petitioner is proposing to add four parking spaces inside the existing garage/warehouse space to accommodate additional parking spaces, but will be unable to fully comply with the parking requirements. The property was constructed prior to modern parking standards, which leads to a practical difficulty in order to re-occupy this space. 2. 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: The subject property’s location and size limit the petitioner from adding more parking on site to meet the regulations of the Zoning Ordinance as the site is land-locked by other commercial development. The property is narrow and shallow in size and is developed with a large multi-tenant, mixed-use building—these characteristics limit the available room to provide the required number of parking spaces. The allowance of the parking variance would assist in reducing the physical constraints of the subject property. The building was built at a time prior to modern off-street parking requirements. The petitioner is adding four parking spaces inside the building to reduce the non-conforming parking count. 3. 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 existing hardship was not created by the petitioner or building owner and cannot be corrected without the approval of the requested variations. 4. 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 property owner may be denied the right to locate the proposed roofing and sheet metal business or to effectively utilize the subject property without the approval of the requested variance. The narrow and shallow shape of the property limit the space for off-street parking in accordance with all Case 20-005-CU 1730-1736 E Oakton Conditional Use Case 20-002-CU 150 N East River Rd Conditional Use February 25, 2020 Page 8 regulations. Without the approval of the parking variation at this location, it could make it difficult for the property owner to make improvements to the property or individual tenants to grow their uses. 5. 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 granting of this variation would not provide the property owner with any special privilege or right that is not already enjoyed by similar commercial businesses within this zoning district and is not sought to provide the property owner with economic gain. Other commercial properties surrounding the subject property are similar in size and shape and often do not have adequate parking areas to accommodate each use. 6. 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 parking variation would be in harmony with the general purposes of this title and would be compatible with the general purpose and intent of the comprehensive plan. The petitioner plans to maintain the existing multi-tenant, mixed-use building—consisting of both residential and commercial uses—in line with the Lower Density Urban Mix with Residential land use designated for the subject property within the 2019 Comprehensive Plan. The proposal includes the addition of four parking spaces inside the building to increase off-street parking on the site for the existing tenants within the building. 7. 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 granting of the variation is the only remedy to the existing off-street parking space deficiency on the subject property without creating additional hardship for the petitioner. There is not adequate room on the site to accommodate all required parking spaces. 8. 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 granting of the variation is the minimum relief necessary to alleviate the hardship for the petitioner. The petitioner wishes to maintain the existing building and configuration of the property as is, with the exception of the proposed off-street parking spaces, to address the required parking requirements as much as possible. Recommendation: Staff recommends approval of the Conditional Use Permit for a trade contractor use and a parking variation at 1730-1736 E. Oakton 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) and Section 12-3-6(G) (Standards for Variations) of the City of Des Plaines Zoning Ordinance, subject to the following conditions: 1. All flammable liquids and oily rags must be stored in a metal UL (Underwriters Laboratories) Case 20-005-CU 1730-1736 E Oakton Conditional Use Case 20-002-CU 150 N East River Rd Conditional Use February 25, 2020 Page 9 listed fire cabinet. The location of all proposed flammable liquid/oily rag storage on site will be required at time of permit. 2. That the existing wood fence along the rear property line in between the parking area and the single-family residences is replaced with an eight-foot solid, opaque view screen fence in compliance with all applicable codes. 3. That a minimum of two four-foot long landscape planter boxes are installed along the front of the building and are populated with perennials. 4. That all appropriate building permit documents and fire-rated separation details are submitted as necessary depending on the use classification of the proposed space. All permit documents shall be sealed and signed by a design professional licensed in the State of Illinois and must comply with all City of Des Plaines building codes. 5. No outside storage of materials and supplies is allowed on the property. 6. No sheet metal fabrication is allowed on site. Planning and Zoning Board Procedure: Under Section 12-3-4(D) (Procedure for Review and Decision for Conditional Uses) and Section 12-3-6(G) (Procedure for Review and Decision for Major Variations) 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 for a trade contractor use at 1730-1736 E. Oakton Street. The City Council has final authority on the proposal. Chairman Szabo asked if the Board has any questions. There were none. He asked if anyone in the audience is in favor of this petition or against it. No one responded. Board Member Saletnik asked if Petitioner is aware of the conditions. The Petitioner advised that they were, but was concerned about the installation of the fence due to weather conditions. Coordinator Ainsworth clarified the condition stating that the Petitioner has one year from City Council approval to obtain the necessary permits for conditions associated with the conditional use. A motion was made by Board Member Bader, seconded by Board Member Hofherr, to approve as presented. AYES: Bader, Hofherr, Fowler, Szabo, Saletnik & Veremis NAYES: None Coordinator Ainsworth stated that this item would be on the March 16th City Council meeting agenda. The petitioner’s attendance is required. ***MOTION CARRIES UNANIMOUSLY *** Case 20-005-CU 1730-1736 E Oakton Conditional Use Case 20-002-CU 150 N East River Rd Conditional Use February 25, 2020 Page 10 2. Address: 150 N. East River Road Case Number: 20-002-LASR CU The petitioner is requesting a Conditional Use for a Localized Alternative Sign Regulation for the existing Planned Unit Development as per Ordinances Z-11-17 and Z-25-19 for a sign plan and approval of any other such variations, waivers, and zoning relief as may be necessary. PINs: 09-09-402-009-0000; -010; -012 Petitioner: Paul Langdon, 8301 Maryland Avenue, Suite 350, Clayton, MO 63105 Owner: Vanguard Des Plaines Apartments, LP and First American Properties, LLC, 8301 Maryland Avenue, Suite 350, Clayton, MO 63105 Staff is respectfully requesting the Planning and Zoning Board (PZB) to open the public hearing at the February 25, 2020 meeting and continue the case to the March 24, 2020 PZB Meeting as the petitioner has had delays and needs additional time to finalize their application and materials. A motion was made by Board Member Saletnik, seconded by Board Member Fowler, to continue this case to the March 24, 2020 Planning & Zoning Board Meeting. AYES: Hofherr, Fowler, Bader, Szabo, Saletnik & Veremis NAYES: None ***MOTION CARRIES UNANIMOUSLY *** Case 20-005-CU 1730-1736 E Oakton Conditional Use Case 20-002-CU 150 N East River Rd Conditional Use February 25, 2020 Page 11 STAFF UPDATES Coordinator Ainsworth provided the following updates: 1. Coordinator Ainsworth apologized for the continuation of Case 20-002, 150 N East River Road. The goal is to have at least two cases but not more than four on each agenda to respect everyone’s time. 2. Planning & Zoning Board meeting schedule and designated time off. The Board previously discussed a summer schedule with limited meeting dates in summer. The Tuesday, May 26th meeting will be canceled since Coordinator Ainsworth will be out of town for a conference. A second date in July/August will also be cancelled based on the consensus of the group. Please make Coordinator Ainsworth aware of your preference for meeting cancellation. ADJOURNMENT The next meeting is scheduled for March 10, 2020. Chairman Szabo adjourned the meeting by voice vote at 7:18 p.m. Sincerely, Wendy Bednarz, Recording Secretary cc: City Officials, Aldermen, Zoning Board of Appeals, Petitioners