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HomeMy WebLinkAbout05/24/2001 ZBA minutes 08-2001 MINUTES OF THE REGULAR MEETING OF THE MOUNT PROSPECT ZONING BOARD OF APPEALS CASE NO. ZBA-08-2001 Hearing Date: May 24, 2001 PETITIONER: Golf Plaza Shopping Center, LLC DiMucci Companies, Ownership & Management Agent 285 W. Dundee Road Palatine, IL 60074 PUBLICATION DATE: May 9, 2001 Journal/Topics REQUEST: 1) Planned Unit Development / Conditional Use · construct a drive-thru pharmacy · multiple buildings on one lot 2) Variations for lot coverage, landscaping, setbacks, and number of parking spaces MEMBERS PRESENT: Merrill Cotten Hal Ettinger Leo Floros Richard Rogers Keith Youngquist Arlene Juracek, Chairperson MEMBERS ABSENT: none STAFF MEMBERS PRESENT: Judy Connolly, AICP, Senior Planner Mike Blue; Community Development Deputy Director INTERESTED PARTIES: Joe DiMucci lohn Wojtila Michele Dodd Charly Schallrol Jim Collier Jason Doland Lynn Kennedy Chairperson Arlene Juracek called the meeting to order at 7:35 p.m. The minutes of the April 26, 2001 meeting were approved 6-0. At 7:45, Ms. Juracek introduced Case No. ZBA-08-01, a request for a Conditional Use for a drive-tltm and a PUD at the Golf Plaza I Shopping Center. Judy Connolly, Senior Planner, introduced the staffmemorandum for the case. The subject site consists of two lots of record, with an existing shopping center on Lot 1 and a fast-food restaurant on Lot 2. The petitioner proposes to raze the existing fast-food restaurant (Jay's Beef), consolidate the site to one-lot of record, and construct a new 10,880 square foot pharmacy with a drive-thru. Per Village codes, the proposed project is classified as a new development and the entire site is required to meet all current code requirements. In addition, the project is a Planned Unit Development, which requires Conditional Use approval as does the drive-thru attached to the proposed CVS Pharmacy. Ms. Connolly informed the group that the petitioner proposes to make improvements to the entire site by way of installing a 10-foot wide perimeter landscape area along the north, east, and west property lines, foundation planter boxes adjacent to the existing shopping center; reconfiguring the parking lot traffic; eliminating curb cuts along Golf and Busse Roads,; and reducing lot coverage to 89%. Zoning Board of Appeals ZBA-08-2001 Arlene Juracek, Chairperson Page 2 Ms. Connolly said the petitioner states in the Variation application that the size of the existing building and mount of parking required to serve the businesses prevents the site from complying with current code requirements. The site was developed 30 years ago and the Village's Zoning requirements have changed since then, consequently creating a hardship for the petitioner as defined by the Zoning Ordinance. The proposed CVS Pharmacy would be a separate freestanding structure, located at the northeast comer of the site. With a drive-thru on the east side of the building, towards the rear of the building. Ms. Connolly explained that the Village's Comprehensive Plan designates the subject property for general commercial and office uses. The proposed drug store is an appropriate use within this designation. She also reported that the Village's proposed Corridor Guidelines calls for increased landscaping along the Village's commercial corridors. Currently, parking is located up to the lot line and the proposed 10-foot wide perimeter landscape area would make a significant improvement to the site and the intersection and be in general compliance with the proposed Corridor Guidelines. Ms. Connolly described the proposed structure and elevations: the proposed CVS Pharmacy structure is a 10,880 s.£ and uses similar materials and design as the CVS at Rand/Kensington/Elmhurst Roads. The use E.I.F.S would be limited to the sign band area as an accent material. The proposed structure meets the intent of the ZBA and Village Board policy of requiting masonry construction for new buildings in the Village. The site plan shows landscaping for the site and calls for a continuous 3-foot hedge of various species along Golf Road, ornamental trees and shrubs along Busse Road and Oakwood Drive, and a wooden fence six-feet in height along the south (rear) lot line. The plan shows 4.1% interior parking lot landscape islands, in addition to planter boxes adjacent to the existing businesses, and a landscape area around a portion of the proposed CVS. Ms. Connolly explained that the Zoning Ordinance requires a continuous landscape area no less than 3-foot in height for the comer side yard setback of parking lots located across the street from property zoned residential. The site is across from residential (Mansions of Mount Shire Complex) and in order to comply with code requirements, the plan should be revised to reflect a continuous 3-foot hedge along Oakwood Drive. Ms. Connolly said parking lots that abut residential along the rear and/or side yard are required to have a screen 6-feet in height, shade trees every 50-feet, and clusters of ornamental trees or shrubs across 75% of the frontage. The petitioner's plan shows a wooden fence 6-feet in height with (3) 10-foot wide gaps along the rear property line abutting the Mansions of Mount Shire apartments. The existing building is located 30-feet from the rear property line. The area behind the building is used for deliveries and trash removal. Currently, there is a wooden fence along the rear property line with diamond shaped cnt-onts by each of the fire hydrants and the dumpsters are not enclosed. In order to comply with landscaping code requirements, a new landscape area would have to be created along the rear lot line. A viable planting bed should be a minimum of 7-feet wide, but the layout of the building and access to this area and the loading docks are not conducive to the installation of a landscape area along the entire rear yard. Instead, the petitioner proposes to install two landscape areas along a portion of the rear lot line, a new wooden 6' fence, and brick dampster enclosures to minimize the impact of the development on the adjacent residential and improve the appearance of the site. The three proposed 10-foot wide gaps would provide pedestrian access from the adjacent apartments to the shopping center in addition to access to the fire hydrants. The proposed CVS will have its own dumpster and enclosure and provide some landscaping along its south (rear) elevation. Ms. Connolly said the applicant has provided less than the minimum 5% requirement for interior parking lot landscaping. The petitioner states in the Variation application that the proposed reconfiguration of the parking lot meets the intent of the code, but existing conditions prevent the site from meeting the 5% interior parking lot landscaping requirement. In an effort to meet the intent of the landscaping code and Corridor Design Guidelines, the petitioner's site plans shows a continuous 3-foot hedge along Golf Road. Ms. Connolly said foundation plantings are provided along the existing center and a portion of the proposed CVS. The Zoning Code requirement is a 10' area around all structures. However, the Zoning Code Landscape Requirements allow for an administrative reduction of this requirement when the intent of the requirement is met. In this case, the number and location of the proposed planters should be increased in a manner that does not create safety or visibility issues. Zoning Board of Appeals ZBA-08-2001 Arlene Juracek, Chairperson Page 3 Ms. Connolly reported that the proposed CVS structure meets all required building setbacks. Parking lots in the B-3 District must be set back a minimum of 10' from any property line where the site is adjacent to non-residential property. The proposed parking lot meets the 10' setback requirements adjacent to non-residential property. However, a parking lot in the B-3 District must be set back 30' where the lot abuts single-family residential districts. The site is adjacent to an R-A zoned property that is developed with multi-family residences (west side). Although parking spaces are currently located on the lot line and the multi-family residences have their own parking lot in front of their buildings, code requires that the petitioner seek a Variation for the proposed 10-foot setback. Installing a continuous 3-foot hedge along the west lot line would minimize the impact of a 10-foot setback. Also, the residential structures are buffered from the GPI parking lot by their own parking lot and landscaping. Ms. Conaolly explained that Section 14.2224 of the Zoning Code lists a parking requirement for retail centers 30,000 - 150,000 square feet as 4.5 spaces per 1,000 square feet of gross floor area. As proposed, the site would consist of a freestanding, 10,880 square foot retail structure, requiring 44 parking spaces, and the existing retail center (83,258 sq. which requires a minimum of 375 spaces for retail tenants. The 375 calculation does not include parking spaces required for uses such as restaurants. The petitioner's proposal includes 384 parking spaces for the entire site, with 5 stacking spaces for the CVS drive-thru. She said currently, there are 431 parking spaces on both lots of record. In an effort to comply with current code requirements for setbacks and landscaping, the site will be reconfigured to provide 384 spaces. The current tenant mix requires 444 parking spaces. Staff reviewed the petitioner's site plan and found that additional parking could be created by adding "head-in" parking in front of the existing retail center. As this area is currently a Fire Lane, Village departments worked together to create a site plan that 1) minimizes traffic conflicts throughout the entire center, 2) ensures that the Fire Department has access to the existing retail center (through several pedestrian access points in front of the businesses, 10' wide gaps in the fence), and 3) provides the maximum amount of parking possible while adding green space to the site. While the revised site plan shows the head-in parking and relocating the proposed landscape islands and the existing parking lot lighting fixtures, it provides a total of 401 spaces for the entire site. The petitioner's engineer notes that several of the existing businesses have different peak use times and that tenants could "share" parking spaces as a means of minimizing the parking deficiency. The parking deficiency is mitigated by the fact that the condition of the existing parking lot is less than desirable, that there is the possibility of sharing spaces during tenant's different peak times, and that the proposed changes bring an overall improvement to traffic flow on-site. Furthermore, the site would meet the parking requirements if there were all retail tenants. The proposal includes closing several curb cuts to the Golf and Busse Road frontages of the site. The site would be accessed by two (2) three-lane curb cuts off of Golf Road. Each curb cut would allow for an entrance to the site and separate right and left-out turning lanes. Access from Busse Road would be limited to one three-lane curb cut, located south of the Golf & Busse Roads intersection. The 36' wide curb cut allows for one (1) entrance to the center (and closer access to CVS), and dedicated right- and left-out taming lanes. The proposed changes to the site would improve access to/from the site and traffic circulation within the center. The Engineering Division reviewed the proposal and concurred that the proposed CVS and entire Golf Plaza I site is included in the storm water area served by Clearwater Park. While the Village will not require additional storm water detention, other agencies such as MWRD may require detention and the Village will adhere to their requirements. In addition, the Village's Traffic Engineer reviewed the proposed parking lot design and agrees that the proposed STOP signs and NO LEFT TURN signs around the CVS would help minimize traffic conflicts and improve traffic flow. Ms. Connolly said the Fire Prevention Bureau reviewed the petitioner's site plan and staff's revised site. They agree that the proposed 10' wide gaps in the fence along the rear lot line will provide the Fire Depamnent better access to the existing fire hydrants and that the pedestrian access points in front of the stores will provide Fire personnel adequate access should an emergency situation arise at one of the businesses. The petitioner is seeking Conditional Use approval of a PUD and to construct a 10,880 square foot pharmacy with a drive-thru. She then said that the proposed project meets the standards for a PUD because the landscaping and Zoning Board of Appeals ZBA-08-2001 Arlene Juracek, Chairperson Page 4 mconfiguraflon of access to the site is in the public interest. The proposed improvements do not adversely impact the value or use of other property. In fact, the project improves the high-traffic, high visibility commercial corridor. Ms. Counolly reviewed the standards for conditional uses, which are listed in Section 14.203.F.7 of the Village Zoning Ordinance. She said that the proposed conditional use (drive-thru) would be located in the Golf Plaza I Shopping Center, which is in the B-3 Community Shopping District. The location of the proposed chive-thru would be away from residential and access to the CVS Pharmacy is designed in such a manner that has limited impact on the adjacent neighborhoods, utility provision or public streets and the existing retail center. The proposed perimeter landscaping would bring a benefit to the area and the community, as this is a high-traffic, high-visibility area. The proposed PUD/Conditional Use would be in compliance will the Comprehensive Plan and the Zoning Ordinance requirements. Ms. Connolly said the required findings for all variations are contained in Section 14.203.C.9 of the Village's Zoning Code. The applicant has requested Variations for: the west corner setback: parking in the 30-foot setback; the south rear setback: 10-foot perimeter landscape area along 75% of the frontage; lot coverage: 75% required, 89% proposed; interior parking lot landscaping: 5% required, 4.1% proposed; amount of parking spaces provided: 444 required, 384 proposed. By consolidating the site to a one-lot subdivision, constructing a new freestanding building, and presenting the project as a PUD, the entire site is required to meet current Zoning requirements for the B3 zoning district. The petitioner's proposal attempts to meet all codes and provide improvements to the entire site. In trying to meet landscape and lot coverage requirements, the parking lot was reconfigured and parking spaces were eliminated. Based on the above, the proposed PUD/Conditional Use would comply with the standards established by the Zoning Ordinance as the requested Variations reflect existing conditions and the petitioner's attempts to meet code requirements. Therefore, Staff recommends approval of the requested parking, landscaping, and setback variations in addition to a PUD/Conditional Use for a 10,880 square foot pharmacy with a drive-thru at Golf Plaza I Shopping Center, Case No. ZBA-08-01, subject to the following conditions: 1. Revise the site plan per StaffExhibit A · "head-in" parking in front of the existing retail center bringing the total number of parking spaces to 40 I, · additional foundation planter boxes in front of the proposed CVS Pharmacy and the existing retail center, 2. Submit a Landscape Plan separate from the Site Plan as required by Sec. 14.2302. 3. Post signs to ensure that the pedestrian access paths remain unobstructed. Ms. Juracek asked Ms. Cormolly if public notice had been given and Ms. Connolly said it had. Hal Ettinger asked what the formula was to determine the number of parking spaces required. Ms. Connolly said that since the area is larger than 30,000 s.f., 4.5 spaces are required per 1,000 s.f. Mr. Etfmger remarked that he had never seen the lot full and found head-in parking to be detrimental to the plan. Leo Floros, Richard Rogers, Merrill Cotten and Arlene Juracek also said they thought head-in parking would create a traffic safety issue. Mr. Rogers said he would not want landscaping sacrificed to provide more parking spaces and that 3" or 4" trees should be required, rather than the 2".trees proposed by the petitioner. Mr. Cotton objected to the traffic pattern around the proposed CVS Pharmacy. loc DiMucci of Golf Plaza I, Jason Doland of Doland Engineering, and John Wojtila, architect with the Zaremba Group, were sworn in. Mr. DiMucci said Golf Plaza I had worked diligently with Village staffto make this proposed CVS Pharmacy an addition that would make both the Village and the shopping center proud. John Wojtila, developer for the CVS project, explained the site elevations to the Zoning Board. Ms. Juracek asked Mr. Wojtila if the building would be the same size as the CVS Pharmacy on Kensington. Mr. Wojtila said it would be but without the additional retail space that the Kensington building has. Keith Youngquist asked why the plans showed stacking for five cars at the drive-thru when he had never seen more that two cars at the other CVS drive-thru. Mike Blue said that five was the standard requirement for a drive-thru. Mr. Youngquist also asked Mr. Wojtila to explain the service area. Mr. Wojtila explained that this would be a much smaller service area than the other CVS since this oning Board of Appeals ZBA-08-2001 Arlene Juracek, Chairperson Page 5 store was not designed to be a twenty-four hour store. The hours at this store would be 8 am to I0 pm Monday through Saturday and 10 am or noon to 6 pm on Sunday. Mr. Doland explained the traffic flow and traffic control signage to the Zoning Board. Delivery trucks would be owned and scheduled by CVS to make deliveries when the store is closed. Mr. Ettinger suggested moving the handicapped parking on the west side, further north, closer to the entry. Mr. Wojtila agreed. Mr. Floros asked Mr. Doland his opinion of head-in parking. Mr. Doland said they were not in favor of head-in parking but were willing to accommodate the request, if necessary. Ms. luracek asked about the proposed landscaping located near the Ace Hardware Store. She noted they had a large landscaping buffer to the west between the hardware store and Oakwood, which puts people parking in that area quite a distance from the store. She asked if anyone had contacted the Ace people to ask if this would be detrimental, favorable, or neutral to their business. Mr. Doland said there had not been any discussion with the hardware store owners. Ms. Juracek asked ffthe hardware store would be storing seasonal items in the landscaped area. She noted that Mr. DiMucci was shaking his head "no". Mr. Cotten said Ace has a fenced, locked area where they store items. Mr. Doland said Ace had been historically using space as they wanted but after landscaping and striping of the lot, they would need to be given different guidelines. Mr. Cotten asked if the fence would come down and Mr. Doland responded "absolutely". Zoning Board members again asked if there had been discussion with Ace and Mr. Doland said did not think the tenants had been contacted about this change. Ms. Juracek asked if anyone from Ace was in the audience. Mr. Ettinger said Ace would probably not want to reduce their inventory to accommodate the increased greenspace required by ordinance. Ms. Juracek said the case had been posted with signage. Ms. Connolly said the signs had been put up on Golf and Busse earlier in the week. Ms. Juracek asked if anyone in the audience had come to address the Zoning Board. At 8:40, Chairperson Juracek closed the public hearing and asked for discussion from the Zoning Board members. Mr. Ettinger said the head-in parking and handicapped parking were his two concerns. In addition, he was concerned with Ace and their storage needs, as he would not want to lose them as tenants. Ms. Juracek agreed and said it would have been useful to know that Ace had been engaged in some discussion over the matter. All Zoning Board members were against head-in parking. Richard Rogers moved to recommend to the Village Board approval of Case No. ZBA-08-01, a Conditional Use for a drive-thru, a PUD, and variations at the Golf Plaza I Shopping Center with: 1) the conditions recommended by staff with the elimination of the "head-in" parking requirement at the north end of the site, in front of the existing retail center; 2) substitute 3" trees for 2"; 3) revise the site plan for handicapped parking and traffic control signage around the CVS Pharmacy. Keith Youngquist seconded the motion. UPON ROLL CALL: AYES: Cotten, Floros, Ettinger, Rogers, Youngquist, and Juracek NAYS: Motion was approved 6-0. At 9:10 p.m., Richard Rogers made a motion to adjourn, seconded by Leo Floros. The motion was approved by a voice vote and the meeting was adjourned. Barbara Swiatek, Planning Secretary Judy Connolly, Senior Planner