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HomeMy WebLinkAbout07/27/2000 ZBA minutes 23-2000 MINUTES OF THE REGULAR MEETING OF THE MOUNT PROSPECT ZONING BOARD OF APPEALS CASE NO. ZBA-23-2000 Hearing Date: July 27, 2000 PETITIONER: Steve Nikolas / Larry LeMieux Zabest Commercial Group, Inc. 16800 W. Greenfield Ave. Brookfield, WI 53005 PUBLICATION DATE: July t2, 2000 DAILY HERALD REQUEST: Map Amendment from R-I to B-3 MEMBERS PRESENT: Merrill Cotten Leo Floros Elizabeth Luxem Richard Rogers Keith Youngquist Arlene Juracek, Chairperson 1VIEMBERS ABSENT: None STAFF M~EMiBERS PRESENT: Michael Blue, AICP, Deputy Dizector of Community Development Judy Connolly, AICP, Senior Planner I~TERESTED PARTIES: Frank & Joan Auer Scott Burgess D. R. Cannon Zenon & Susan Golba Jerry & Nancy Howard-Wallis Marion Hesch Iver Iverson Mr. & Mrs. Doug Johnson Ingrid Klingbeil Carlotta Kozak Larry LeMieux Phyllis Libreri Robert Lucas Mr. & Mrs. Raymond Lundia Mr. & Mrs. James Mahon Steven Nikolas Robin Rose Phil & Cheryl Santoro Jennifer Schmoldt Paul Spiewak Joe & Joyce Usery Shirley Weaver George & Pathcia Ziegler Chairperson Arlene Juracek called the meeting to order at 7:34 p.m. Minutes of the June 22, 2000 meeting werc approved, Merrill Cotten and Richard Rogers abstained fi.om voting. At 8:20, atSer hearing three other cases, Ms Juracek opened Case ZBA-23-2000, a request for a Map Amendment from R-I to B-3, say/ng that staff and ZB~ Zoning Board of Appeals ZBA-23-2000 Arlene Juracek, Chairperson Page 2 members had received many letters expressing neighboring property owners' concerns regarding this case. She ask-.d that several people act as spokespersons for the group to expedite the hearing. Judy Connolly, Senior Planner, introduced the staff memorandum for the case, a request for a Map Amendment from R-1 to B-3. Ms. Connolly then informed the Zoning Board that the case would be Village Board final. Ms. Connolly summarized the case by reporting that the subject property is a triangular-shaped vacant lot that fronts onto R. and Road. She said the site has never been developed and abuts a car dealership to the south, a hair salon to the north, and is across Louis Street from single family residences. She said that the site is across Rand Road from commercial uses: Menard's, a fast food restaurant, and a bowling alley. She explained that the applicants propose to consolidate two lots to construct a 23,000 square foot commercial development that would meet all Zoning and Development Code requirements. She said Louis Street and Rand Road would be fully improved, which included dedicating right-of-way where applicable, installing sidewalks, streetlights, and interior parking lot lights per Village code. She noted that a plat of resubdivision consolidating the site into a one-lot subdivision would be prepared and reviewed by the Plan Commission and have to be approved by Village Board. She noted that the commercial development does not provide vehicle access from Louis Street. She said the parking lot is designed to allow access to the south property should that property be redeveloped and that the Louis Anthony Hair Salon parking lot is cormected to the proposed parking lot from the north. She said a sidewalk running parallel to the building is linked to the sidewalk on Thayer Street to provide pedestrians access to the commercial development. She explained that the petitioner does not pre!pose a drive-through for the site and the site plan will not require Variations. Ms. Connolly further stated that the proposed structure would be constructed of red brick and gray split-face block. It includes a fiat roof on the ends of the building and a mansard roof over the middle section of the building. She said the building would be accented with decorative light fixtures and have a cream-colored metal band around the top o e building. She explained that it meets the intent of the ZBA and Village Board's policy of requiring masonry construction and architectural elements that provide a high quality, attractive building. Ms. Connolly said the applicant has submitted a preliminary Landscape Plan for the property that shows approximately 28% of the proposed site is devoted to green space. She also said that the size of the proposed perimeter and parking landscape areas meet code requirements. She pointed out that the petitioner has made every effort to minimize the impact of the center on the residential properties across Louis and Thayer Streets using a combination of landscaping, berms, and varied building materials. The landscape plan shows a three-foot tail berm, trees, and plantings along the rear and side of the property, in addition to a continuous row of bushes along the side yard. Ms. Cormolly said the site is adjacent to residential properties and therefore, the proposed building is set back 30' from Louis and Thayer Streets. The parking lot is setback 12' from Rand Road and, after consolidating the two lots into a one-lot subdivision, the site will meet all required setbacks. Ms. Connolly said that, as proposed, the site would cons~ of a 23,000 sq. ft. commercial development and 123 parking spaces, which provides the petitioner with some flexibility tc arrive at an appropriate tenant mix. She said that the petitioner would need to f'md a combination of tenants and businesse-~ that will require no more than this amount of parking or seek a variation: She said the applicant has also agreed to provide cross-access between the properties and that this agreement would be recorded with the subdivision plat. Ms. Connolly said the proposed Map Amendment will meet the Map Amendment standards of the Zoning Ordinance when the conditions of approval listed by staff have been met and, based on these findings, Staff recommends that the ZBA recommend approval of the proposed Map Araendment to permit the establishment of' a commercial developmen' without a drive-through at 791 E. Rand Road, Case No. ZBA-23-2000. Chairperson Juracek said that this parcel is mentioned several times in the Rand Road Corridor Plan and asked Ms Connolly to give staff's interpretation of desired plans for this property. Zoning Board of Appeals ZBA-23-2000 Arlene Juracek, Chairperson Page 3 Judy Connolly said that the Rand Road Corridor Plan was prepared by the Plan Commission several years ago. She said that the plan provides a history of Rand Road, documents conditions as existed while the plan was being drafted, and includes long ranges plans for the corridor. She said that the plan has a narrative section but the policy direction comes from the last section of the plan, "Issues and Action Steps". She said that although the narrative section of the plan includes residential development of the site in question as an alternative to commercial, the Action Steps call for commercial usage. She said that residential development of the site is not part of the Action Steps. Ms. Juracek asked if it could be inferred that commercial use would be preferred over residential in the study. Ms. Connolly responded affirmatively. Ms. Juracek asked how long Ms. Connolly had worked for the Village and, in that time, had anyone approached staff regarding building residential buildings on this parcel. Ms. Connolly said, to her knowledge, there had been no opportunity to turn down residential plans for this parcel in the thre~ years she had worked for the Village. Elizabeth Luxem asked about parking requirements for the site and how the shared parking with the hair salon would affect the amount of parking for the proposed development. Michael Blue, Deputy Director of Community Planning, said parking needs change according to use. Retail use has different parking requirements than restaurants and fast food restaurants also have different requirements. If extra spaces are available they might help alleviate the Louis Anthony parking situation. Ms. Luxem agreed with Mr. Blue's assessment and stated her concern that solving the beauty shop parking deficiency was important. She asked Ms. Connolly if the owner of the beauty shop had approached the Village about buying the parcel. Ms. Connolly said not to her knowledge. Mr. Rogers asked about the lawsuit pertaining to the development of this property. Ms. Connolly said there had been a 1973 lawsuit with a judgement allowing the construction of a tile store on the subject propert~y without rezoning the site or obtaining the Village's approval for the use. Tbe judgement is still in effect today. Ms. Juracek said that the hair. salon had once been a gas station and asked if' the land was zoned R1 (residential) when it was annexed by the Village. Mike Blue said state law requires land to be annexed in at the most resl~ctive zoning. Steve Nikolas and Larry LeMieux of the Zabest Commercial Group in Brookfield, Wisconsin, were sworn in. Mr Nikolas thanked the ZBA' for consideration of their request for rezoning to build retail stores at the Rand Roac location. He said they had considered purchasing the property since May of 1999 and that they have been workin~ with Village staff to meet all code requirements. They are now requesting rezoning to construct a commercia development. Ms. Juracek asked Mr. Nikolas to walk the ZBA through the project and detail the back elevation of the building. Mr Nikolas went to the easels and pointed out the various components of the project, the building materials, th~ landscaping materials, and access to the development. Ms. Juracek asked, since they were from out-of-state, if they had done market analyses of the area and had they bern involved in similar developments. Mr. Nikolas said they had not done a full marketing study but that he had lived in this area until recently and was vet familiar with the local market demands. He said that they have been involved in successful developments i Brookfield, Kenosha and Rochester, Minnesota. After more discussion by ZBA members, Ms: Juracek asked for speakers from the audience. Chris Lenz, 214 Louis; Laurie Camp, 216 N. Louis; Patty Ziegler, 112 N. Louis St.; Frank Shomberg, 105 Louis St ' ' ' e 222 Hedwig Lundin, 200 N. Louis; Nancy Howard Wallace, 218 N. Lou s Joe U s fy, N. Louis; Zenon Golba, 115 I' Louis~ Clifford Urisa, I09 Louis; Marion Hesch, 210 N. lzouis; Robin Rose, 2t7 N. William; spoke against tt' proposed development. Their concerns with the proposed development were: outdoor smoking by employees; parkir oning Board of Appeals ZBA-23-2000 Arlene Juracek, Chairperson Page 4 on Louis Street; traffic congestion; odors from restaurants, bakeries and liquor establishments; 24-hour business use~,, garbage, dumpsters and garbage trucks; noise from HVAC system; drainage; unsightly views and/or view of conch. wall from their living room windows; lowered property values; delivery trucks, semis and emergency vehicles accessing the site; ingress and egress of traffic; and the viability of the development with the number of existing strip malls in the area. Paul Spiewak was sworn in. He said that his father and his father's partner have owned the property for the past thirty years. He said that although the neighboring residents had concerns with a retail development in their neighborhood, he said that other citizens of Mount Prospect would benefit from this development. He cited an increase in property taxes and sales tax paid to the Village and subsequently paid to the school districts. He said that in the years that his father has owned the property, only one prospective multi-family builder approached them. The project was not pumued because the shape of the lot and the Rand Road traffic created challenges in arriving at a financially feasible residential development with respect to the cost of the land and the overall project. Mr. Spiewak said that the Zabest commercial proposal was the highest and best use of the land. At 9:50, Ms. Juracek closed the Public Hearing and asked for discussion from the Board. There was discussion among the members. In general, ZBA members empathized with the residents' concerns and voiced concerns about having another shopping center. There was discussion about the viability of another commercial development, as some existing commercial sites are currently vacant. Leo Floros said that although he was opposed to this proposal, he wanted residents to realize that development would soon be coming to this parcel. Merrill Cotten expressed similar sentiments. At 9:50, Chairperson Juracek closed the Public Hearing and asked for discussion from the Board. Elizabeth Luxem made a motion to recommend approval of the request for a Map Amendment. Keith Youngq, seconded the motion. Chairperson Juracek reminded members that a No vote would be a vote against the proposeO rezoning and a Yes vote would allOw the proposed rezoning. UPON ROLL CALL: AYES: Luxem and Juracek NAYS: Cotten, Floros, Kogers, Youngquist, Motion was denied 4-2 and requires a super majority for the Village Board to approve the request because the ZBA did not make a positive recommendation. At 10:06 p.m., Merrill Cotten made motion to adjourn seconded by Keith Youngquist. The motion was approved by a voice vote and the meeting was adjourned. l~arbara Swiatek, Planning Secretary tuUy C ~>n r~/~X/, Se nio r~ fan~n~r '