HomeMy WebLinkAbout03/24/2011 P&Z Minutes 19-10
MINUTES OF THE REGULAR MEETING OF THE
PLANNING & ZONING COMMISSION
CASE NO. PZ-19-10
Hearing Date: March 24, 2011
PROPERTY ADDRESS:
1601 S. Busse Road (Southeast Corner of Busse & Dempster)
PETITIONER
: Daveri Development Group
PUBLICATION DATE:
January 12, 2011
PIN NUMBERS:
08-23-100-015-0000, 08-23-100-014-0000
REQUESTS:
Conditional Uses (Planned Unit Development & Dwelling Units
above First Floor) and Variations (Building Height & Parking)
MEMBERS PRESENT:
Richard Rogers, Chair
William Beattie
Leo Floros
Theo Foggy
Ronald Roberts
Keith Youngquist
MEMBER ABSENT:
Joseph Donnelly
STAFF MEMBERS PRESENT:
Consuelo Andrade, Development Review Planner
Brian Simmons, Deputy Director of Community Development
INTERESTED PARTIES
: Nicholas Peppers, Larry Pusateri, Mitch Bruski
Chairman Rogers called the meeting to order at 7:33 p.m. Mr. Floros made a motion to approve the minutes of
the February 24, 2011 meeting; Mr. Foggy seconded the motion. The minutes were approved 3-0 with Mr.
Roberts, Mr. Foggy, and Mr. Youngquist abstaining. After hearing one previous case, Chairman Rogers
introduced Case PZ-19-10, 1601 S. Busse Road, at 7:56 p.m.
Ms. Andrade said the Petitioner for Case PZ-19-10 was seeking approval of a Conditional Use for a Preliminary
Planned Unit Development and Variations for the property located at 1601 S. Busse Rd.
Ms. Andrade stated the Petitioner was specifically seeking a Preliminary Plan for a Planned Unit Development
(PUD) consisting of an existing restaurant with a drive-through and a 4-story mixed use building; a Conditional
Use for dwelling units above the first floor; a Variation to increase the maximum permitted building height from
35 feet to 43 feet; and a Variation to reduce the required number of parking stalls from 167 to 165 (including land
banked spaces).
Ms. Andrade said the development would include one 4-story building that would provide affordable supportive
housing units to individuals with disabilities. The building would consist of 39 one bedroom or studio apartments
ndrdth
on the 2, 3, and 4 floors. The ground level would include a health clinic and ancillary uses to support the
housing units.
Ms. Andrade stated the Subject Property is located at the southeast corner of Busse Road and Dempster Street
consisting of two tax parcels. One parcel is occupied by a Culver’s Restaurant with drive-through and the second
parcel is vacant. The Subject Property is zoned B-3 Community Shopping and is bordered by the B-3 District to
the east, south, and west, and by the R-4 Multi-Family Residential District to the north.
Richard Rogers, Chair PZ-19-10
Planning & Zoning Commission Meeting March 24, 2011 Page 1 of 5
Ms. Andrade said the Petitioner’s site plan indicated the proposed improvements on the vacant parcel. The
building would measure approximately 168 feet wide by 64 feet deep. The parking lots would be constructed to
the north, west, and south of the building. The proposal would utilize the existing curb cuts on Busse and
Dempster, in addition to maintaining access to the adjacent Plaza United commercial development
Ms. Andrade stated the building would be primarily constructed out of brick, including hardi siding for the bays
and renaissance stone. The design incorporated glass storefronts on the ground level and windows on the 2nd,
3rd, and 4th floors. The ground floor also included metal canopies on the north and west building elevations.
Ms. Andrade showed a table that compared the Petitioner’s proposal with the Village Code requirements. The
proposed building would meet the minimum setback requirements in the B-3 District. The building would be
setback 86 feet from the front property line, 87 feet from the exterior side property line, 15 feet from the side
property line, and 47 feet from the south property line. The overall lot coverage would be 68.1%, which falls
below the B-3 District’s maximum permitted lot coverage of 75%. The proposed 4-story building would measure
43 feet in height, which exceeds the B-3 District’s height limitation. Therefore, the Petitioner was seeking
Variation approval to increase the maximum permitted building height from 35 feet to 43 feet.
Ms. Andrade said the Zoning Code required parking based on land use. Ms. Andrade showed a table indicating
167 parking spaces would be required, including the existing restaurant and proposed mixed use building. The
proposed development would provide 79 parking spaces and 19 land banked parking spaces, which would bring
up the overall number of parking spaces provided to 165. This would be short two parking spaces from the
overall 167 parking spaces required. The Petitioner was seeking a Variation to reduce the required number of
parking spaces from 167 to 165, including land banked spaces.
Ms. Andrade stated the Petitioner’s landscape plan provided a conceptual design with regards to the number,
general type, and location of plantings for the proposed development. Ms. Andrade showed the landscape plan; it
did not comply with code requirements and would be required to be revised to include additional trees and shrubs
along the property lines and within.
Ms. Andrade said the proposed photometric plan illustrated 9 new parking lot light poles as part of the
development and provided illumination levels for the development. The illumination levels at the southeast
corner of the development did not meet the minimum of 0.2 foot candles required for parking and paved areas.
The photometric plan would be required to be revised to comply with the minimum illumination required.
Ms. Andrade stated the standards for a Variation are listed in Section 14.203 of the Village Zoning Ordinance
and include seven specific findings that must be made in order to approve a Variation. The findings include:
• A hardship due to the physical surroundings, shape, or topographical conditions of a specific property not
generally applicable to other properties in the same zoning district and not created by any person presently
having an interest in the property;
Lack of desire to increase financial gain; and
Protection of the public welfare, other property, and neighborhood character
Ms. Andrade said the Petitioner was seeking a Variation to the building height and parking requirements. Staff
was supportive of the Variation request to increase the building height as the building would not be detrimental to
the public welfare or injurious to other property or improvements in the neighborhood. Additionally, the four
story building would blend in with the neighborhood character as there are existing multi-story apartment
buildings that exceed 35 feet in height in close proximity to the property.
Ms. Andrade stated the Variation request to reduce the required parking spaces from 167 to 165, including land
banked spaces was supported as there will be shared/cross parking between the two buildings on the Subject
Richard Rogers, Chair PZ-19-10
Planning & Zoning Commission Meeting March 24, 2011 Page 2 of 5
Property and the housing component has been demonstrated to have significantly less demand than what Village
Code required.
Ms. Andrade said the standards for Conditional Uses are listed in Section 14.203.F.8 of the Village Zoning
Ordinance and include seven specific findings that must be made in order to approve a Conditional Use. The
findings include:
The Conditional Use will not have a detrimental impact on the public health, safety, morals, comfort or
general welfare;
The Conditional Use will not be injurious to the use, enjoyment, or value of other properties in the
vicinity or impede the orderly development of those properties;
Adequate provision of utilities, drainage, and design of access and egress to minimize congestion on
Village streets; and
Compliance of the Conditional Use with the provisions of the Comprehensive Plan, Zoning Code, and
other Village Ordinances.
Ms. Andrade stated that Staff found that the Petitioner’s request for a PUD consisting of an existing restaurant
with a drive-through and a proposed mixed use building with dwelling units above the first floor would not have a
negative impact on the public or surrounding properties as the land uses and building would integrate with the
surrounding properties. In addition, the proposed development would not have an impact on circulation as it
proposed to utilize existing ingress and egress from Dempster and Busse. The proposal was consistent with the
Village’s Comprehensive Land Use Map and was compatible with the underlying zoning for the property.
Ms. Andrade said based on the findings, Staff recommended that the Planning & Zoning Commission approve the
motions listed in the Staff Report.
Mr. Foggy asked if the Village Code for building height included mechanicals or was it just measured to the
parapet. Ms. Andrade stated that if a roof was flat, Code measures height to the top of the parapet. If the roof was
pitched, Village Code measures to the mid-point of the roof.
The Planning and Zoning Commission took a brief recess at 8:06 p.m. to address some technical
difficulties. The meeting reconvened at 8:11 p.m.
Chairman Rogers summarized the case as presented by Staff. He restated the Petitioner’s zoning requests. He
confirmed with Staff that the residents have a disability and the apartments designed are one bedroom and studio
units. Most of the residents would not have cars and that was why the Petitioner requested a Variation to reduce
the number of parking spaces.
Mr. Foggy asked if there were any buildings in the area of the subject property that exceeded 43 feet in height.
Mr. Simmons stated that there were a few apartment buildings to the south of Algonquin and to the west of Busse
that exceed the height of the proposed building.
Chairman Rogers swore in all individuals who wished to speak on the subject case and asked when they first
speak to announce their name and address for the record.
Nicholas Peppers, Attorney from Storino, Ramello, and Durkin, 9501 West Devon, Rosemont, Illinois said that he
represented the Petitioner, Daveri Development Group, who is the contract purchaser and the developer for the
subject case and property. He stated the plan that was being discussed is the open area to the west of Culver’s.
The subject case does not involve the developed Culver’s restaurant. Mr. Peppers restated the requests that the
Petitioner was seeking. He said there were other buildings in the area higher than the proposed building. The
proposed height is 43 feet with 3 feet being the parapet wall.
Richard Rogers, Chair PZ-19-10
Planning & Zoning Commission Meeting March 24, 2011 Page 3 of 5
Mr. Peppers discussed how the parking situation was unique to the project. He stated that there were cross
parking easements in place between the uses which allowed the shared parking arrangement.
Mr. Peppers discussed adopting the Petitioner’s written response to the Conditional Uses and Variations as in the
report that was submitted to the Planning and Zoning Commission. He said that this was the Petitioner’s response
for the public hearing.
Mr. Peppers said aside from the Variations, the Petitioner met all bulk requirements for the project. There were
no changes to the Culver’s portion of the site. Mr. Peppers stated that he understood the comments in regards to
landscaping and photometrics and would work with Staff to comply.
Chairman Rogers asked about the special function of the people who would be residing at the subject property.
Mr. Peppers stated that there is a narrative in the Planning and Zoning Commissioner’s packet that was presented
earlier. Chairman Rogers said he would like to get the narrative on the public record.
Larry Pusateri, 6160 N. Cicero, Chicago, Illinois stated that he was one of the co-owners of Daveri Development
Group, the Petitioner and Developer for the subject property. Mr. Pusateri said that Daveri Development Group is
an affordable housing developer and often time serves people with special needs as well as low incomes. With
the subject case, Daveri would be serving a disability population in a supportive housing environment. Mr.
Pusateri stated the disability that is being targeted is persons with history of mental illness. He said this is in
response to parents in the local community approaching Daveri and identifying an underserved population in the
Northwest suburbs. Mr. Pusateri said that the Kenneth Young Centers approached Daveri with similar concerns.
Mitch Bruski, CEO, Kenneth Young Center, 1001 Rohling, Elk Grove Village, Illinois said Kenneth Young
Centers have been in the community for over 40 years. It is the local community based mental health and senior
service center.
Mr. Pusateri stated that all the units in the proposed development would be apartments similar to any other
apartment. There will be long term annual leases. Each apartment would have a kitchen and private bathrooms.
Mr. Pusateri said the only difference is that the proposed development would have supportive housing. The
management office and Kenneth Young Centers would be offering services on-site.
Chairman Rogers asked if all the residents of the proposed development would be self-sufficient with no assisted
care. Mr. Pusateri said that was correct. Residents would need to be capable of living on their own in order to be
accepted at the proposed facility.
Chairman Rogers asked if Daveri was federally subsidized. Mr. Pusateri stated that they are federally subsidized
on the capital side through the federal tax program.
Mr. Beattie asked what kind of Staff would be available to service the residents. Mr. Bruski stated that Staff
would be on-site to provide case management services (access to entitlements, etc.). There would be substance
abuse services, if necessary. Mr. Bruski said there would also be vocational support (helping people get jobs,
locate jobs, and become more independent). Mr. Beattie confirmed that Staff would not be living at the facility.
There was discussion regarding the commercial space on the first floor. Mr. Bruski stated there would be a
federally qualified health center that would provide a full range of health services for low income individuals.
This would be primary medical health care. Chairman Rogers asked if the general public could utilize the
services of the health center. Mr. Bruski said it would be opened to the community.
There was additional discussion regarding the physician who would be located on the first floor.
Richard Rogers, Chair PZ-19-10
Planning & Zoning Commission Meeting March 24, 2011 Page 4 of 5
Chairman Rogers asked if there was anyone else in the audience to address this case. Hearing none, he closed the
public portion of the case at 8:26 p.m. and brought the discussion back to the board.
Mr. Roberts made a motion, seconded by Mr. Beattie:
To approve:
A. A Conditional Use for the Preliminary Plan approval of a Planned Mixed Use Development
consisting of an existing restaurant with drive-through and a four-story mixed use building;
B. A Conditional Use for dwelling units above the first floor;
C. A Variation to increase the maximum permitted building height from 35 feet to 43 feet; and
D. A Variation to reduce the required number of parking stalls from one hundred sixty seven (167) to one
hundred sixty five (165), including land banked spaces, subject to compliance the conditions of approval
listed in the staff report.
UPON ROLL CALL: AYES: Beattie, Floros, Foggy, Roberts, Youngquist, Rogers
NAYS: None
Motion was approved 6-0. The Village Board’s decision is final for this case.
After hearing three cases, Mr. Floros made a motion, seconded by Mr. Foggy to adjourn at 10:37 p.m. The
motion was approved by a voice vote and the meeting was adjourned.
________________________________________
Ryan Kast, Community Development
Administrative Assistant
Richard Rogers, Chair PZ-19-10
Planning & Zoning Commission Meeting March 24, 2011 Page 5 of 5