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HomeMy WebLinkAbout01/10/2019 P&Z Minutes 26-18 1 MINUTES OF THE REGULAR MEETING OF THE t PLANNING &ZONING COMMISSION I CASE NO. PZ-26-18 Hearing Date:January 10, 2019 i PROPERTY ADDRESS: 200&204 W. Rand Road i PETITIONER: GW Properties PUBLICATION DATE: December 26,2018 REQUEST: ZMA: RX Single Family to 63 Community Shopping CU: Drive-through establishment MEMBERS PRESENT: William Beattie Agostino Filippone Walter Szymczak Thomas Fitzgerald MEMBERS ABSENT: Sharon Otteman Norbert Mizwicki Lisa Griffin Joseph Donnelly STAFF MEMBERS PRESENT: Jason Shallcross,AICP-Development Review Planner Connor Harmon - Long Range Planner Consuelo Arguilles- Deputy Director INTERESTED PARTIES: GW Properties Commissioner Beattie called the meeting to order at 7:04 pm. Commissioner Filippone made a motion seconded by Commissioner Fitzgerald to approve the minutes from the Planning and Zoning Commission meeting on November 8, 2018. The minutes were approved 4-0 with. Commissioner Beattie introduced case, PZ-26-18 as 200& 204 W. Rand Road. Mr. Shallcross gave a brief background on the subject property. He further explained the zoning request stating that Petitioner is proposing to demolish the two existing single-family homes and construct a new drive-through establishment with related improvements. After explaining the proposal and Staff's comments, Mr.Shallcross summarized the Map Amendment and Conditional Use standards. Mr. Shallcross stated that Staff is supportive of the proposed zoning map amendment from R-X Single Family Residence to B-3 Community Shopping. The proposed amendment is consistent with the trend of Planning and Zoning Commission-January 10, 2019 PZ-26-18 Joseph Donnelly Chair 2 development in the general area, with Chick-fil-A abutting the Subject Property and a commercial PUD located across the street. Mr. Shallcross stated Staff is supportive of the Petitioner's conditional use request because it complies with the conditional use standards.The proposed drive-through will not have a detrimental impact on the public health, safety, morals, comfort, or general welfare. Mr. Shallcross stated Staff finds that the zoning map amendment and drive-through establishment meet the zoning map amendment and conditional use standards,subject to complying with the conditions listed below, and that granting such requests would be in the best interest of the Village. Based on these findings, Staff recommends that the Planning and Zoning Commission make a motion to adopt staff's findings as the findings of the Planning and Zoning Commission and recommendLova!of the following motions: 1. "To approve a Zoning Map Amendment from R-X Single Family Residence to B-3 Community Shopping for 200 and 204 W. Rand Road"; and 2. "To approve a Conditional Use permit for a drive-through establishment at 200 and 204 W. Rand Road, Case No. PZ-26-18, subject to the following conditions: 1. Development of the site in general conformance with the site plan and elevations prepared by MRV Architects, Inc.; 2. Compliance with all Development, Fire, Building, and other Village codes and regulations; 3. Submittal of an irrigation and photometric plan that comply with Village Code requirements; 4. All exterior lighting shall be full cutoff and pointed straight down; 5. All rooftop units shall be screened from the public right-of-way and property line of all adjacent residentially zoned property; and 6. An administrative plat of resubdivision shall be recorded with the Cook County Recorder of Deeds before a Certificate of Occupancy may be issued." He stated that the Village Board's decision is final for this case. Commissioner Beattie asked Staff to explain the Village's guidelines on operating hours. Mr. Shallcross gave a brief description about the operating hours stating deliveries are limited to 7:00 am to 7:00 pm, there is no regulations on how long the business can stay open. Commissioner Filippone asked why the Subject property was singled out for development. Mrs. Arguilles stated that the Subject Property is adjacent to a heavy commercial district and the Rand Road corridor.She further explained the homes on the Subject Property have been property maintenance issues for a long time and there has been little to no upkeep. Commissioner Fitzgerald asked for clarification on parking requirements on the Subject Property. Mr. Shallcross gave a brief description on the parking stalls needed for the site and explained the requirement is calculated the same for all commercial districts. Planning and Zoning Commission-January 10, 2019 PZ-26-18 Joseph Donnelly Chair 3 Commissioner Beattie swore in: Mario Valentine, MRV Architects, 105 Tollview Drive Rolling Meadows Illinois. Mitch Goltz, GW Properties, 2211 N. Elston Ave. Chicago, Illinois. Bonnie Simon, Hammer Enterprises, 107 Oakton McHenry, Illinois. Mr. Goltz gave a brief history of the project stating that the request complies with all Village Code requirements and that they believe the project will be a good addition to the already successful commercial district. He further explained that GW Properties owns the former Firestone site adjacent to the Subject Property and they tried to develop this project on that site, however the site couldn't fit the building requirements for the Wendy's and didn't comply with Village Code. Ms. Simon addressed the questions about operating hours; the dining room would be open 10:00 am - 10:00 pm Sunday through Thursday (11:00 pm Friday-Saturday) and the drive-through would be open to 2:00 am every day. There was general discussion as to the project's viability given the closure of the previous Wendy's location further east on Rand Road. Ms. Simon stated the visibility of the Subject Property is much better than the previous site and the location is easier to access. Mr. Valentine talked about the landscape plan and how it works with storm water retention on the site. He stated there is a 6 foot board on board fence along the property line bordering the residential district with landscaping surrounding the fence. There was general discussion between the Petitioners and the Commissioners regarding the projected sales and volume of customers the restaurant is expected to see and the sales tax benefit to the Village. Mr. Goltz stated the development would create about 30-40 jobs within the community that are a mix of full time and part time positions. Citizens to be Heard: Svetoslava&Michael Gregorv, 1004 N, Meadowview Lane:Stated their concerns about the drive through hours, smell and grease from the dumpsters, increased congestion in the neighborhood, drainage problems, and property value decreases.They asked about the percentage of the votes needed to deny the request. Mrs.Arguilles clarified-if the Planning and Zoning Commission gives a negative recommendation to Village Board, the Village Board will have to have a higher number of positive votes to pass the request. Planning and Zoning Commission-January 10, 2019 PZ-26-18 Joseph Donnelly Chair 4 Varsha & Girish Zaveli 1002 N. Meadow Lane: Concerned with the hours of operation and late night deliveries that happen at an adjacent restaurant. They stated they are concerned about garbage and smells. Angel & Maritza Rivera 220 W. Rand Road: Concerned about garbage and the increase in traffic within the neighborhood; he is also concerned about rodents and decreased property values. Joe Vacorello 1014 N. Meadow Lane: Stated he lived in the area for 40 years and that the neighborhood continuously has to fight to keep it residential. He is against losing more homes to commercial properties and that the empty store fronts should be targeted for infill instead of building new commercial buildings. Maul Felde 1012 N Meadow Lane. Concerned about the increase in the amount of rodents and storm water. John 105 W.Startford Place: Concerned about potential cut through traffic and that it will increase because of Wendy's. Gavin Farv, 1007 N.Meadow Lane:Concerned about property values decreasing and the increase of traffic in the neighborhood with cut through traffic. Also concerned about rezoning residential properties for commercial uses. Mark Hewitt.,_2 W.Oxford Place:Concerned about safety with the increased amount of cut through traffic. Michael Dolomas 1008 N. Meador Lane: Concerned about drive through. Gina Faso 110 N. Meadow Lane: Concerned about the current rodent problem getting worse, and the presence of garbage and litter in her backyard and neighborhood„ John Cosentino 1100 N. Meadow Lane: Concerned about lighting not being compliant,the lack of detail on the drainage plan,and the potential commercial businesses that could operate on site if Wendy's fails. Mr.Shallcross stated that the request complies with Village Code and that any future uses would need to comply as well. The Petitioner addressed the above concerns with the following comments: Mr.Valentine stated that the drainage plan isn't detailed because that happens in the construction phases of the project. He did state that the engineer spoke to the Village Engineer and that there is sufficient drainage on the site since the overall lot coverage is significantly lower than the maximum allowed. Mr. Goltz gave a brief history of the different locations they looked at to develop. He stated the Subject Property is the most desirable location and best fit. Ms. Simon stated that the drive through equipment has an automatic volume control ability. She also stated that Wendy's is not willing to close the drive through at an earlier time. Mr. Goltz stated they can't stop bad behavior from customers. Planning and Zoning Commission-January 10, 2019 PZ-26-18 Joseph Donnelly Chair 5 There were general comments from citizens that reiterated the issues discussed earlier„ Jane Conrad, 1002 Prospect Manor- Brought to the Zoning Commission's attention that there is a restrictive covenant on the properties in Wedgewood Subdivision. Commissioner Beattie stated that the legal documents Ms. Conrad had would need to be brought up to Staff and discussed at the Village Board Meeting. Commissioner Filippone asked staff if they were aware of any other proposals for the Subject Property. Staff addressed stating the proposal before the board is the only formal submittal in recent years. Mr. Shallcross stated that they will look at the documents and have the Village's legal department review before the Village Board Meeting. There was general discussion between the board and Staff regarding the future zoning use of the Subject Property if the request were to be approved. Mrs. Arguilles stated that if the request was approved, the Subject Property would continue to be a commercial property if the Wendy's were to move from that location in the future.The commercial zoning would allow various types of commercial businesses to open in that location which are clearly laid out in the land use table. There was general discussion between the commissioners regarding their opinions on the case and validity of the request and if the Conditional Use Standards are met. The Commissioner's asked how many homes were notified. Mr. Shallcross stated that approximately thirty adjacent property owners within a 350 foot radius of the Subject Property were notified. There were some citizens talking from the audience out of turn. After some general discussion back and forth between the board and audience, Commissioner Beattie closed the discussion portion of the hearing and asked for the following motion. Commissioner Fitzgerald made a motion seconded by Commissioner Filippone "To approve a Zoning Map Amendment from R-X Single Family Residence to B-3 Community Shopping for 200 and 204 W. Rand Road." Upon Roll Call: Ayes: Filippone Nays: Fitzgerald, Beattie,Szymzak A vote was taken resulting in a negative recommendation to the Village Board regarding the Zoning Map Amendment. Planning and Zoning Commission-January 10, 2019 PZ-26-18 Joseph Donnelly Chair 6 Commissioner Filippone made a motion seconded by Commissioner Fitzgerald to approve the following: "To approve a Conditional Use permit for a drive-through establishment at 200 and 204 W. Rand Road, Case No. PZ-26-18,subject to the following conditions: 1. Development of the site in general conformance with the site plan and elevations prepared by MRV Architects, Inc.; 2. Compliance with all Development, Fire, Building, and other Village codes and regulations; 3. Submittal of an irrigation and photometric plan that comply with Village Code requirements; 4. All exterior lighting shall be full cutoff and pointed straight down; 5. All rooftop units shall be screened from the public right-of-way and property line of all adjacent residentially zoned property;and 6. An administrative plat of resubdivision shall be recorded with the Cook County Recorder of Deeds before a Certificate of Occupancy may be issued." UPON ROLL CALL: AYES: Filippone NAYS: Fitzgerald, Beattie,Szymzak A vote was taken resulting in a negative recommendation to the Village Board regarding the Conditional Use. Commissioner Fitzgerald made a motion seconded by Commissioner Fillippone and the meeting was adjourned. ✓ ... ....._.nnn w.................. ... ..... ......... J i na IV`oder ministrafilve Assistant Planning and Zoning Commission-January 10, 2019 PZ-26-18 Joseph Donnelly Chair