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HomeMy WebLinkAbout08/22/2013 P&Z Minutes 14-13 MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ-14-13 Hearing Date: August 22, 2013 PROPERTY ADDRESS: 211 E. Rand Road PETITIONER : CFA, Inc.- Jim Bolender PUBLICATION DATE: August 7, 2013 PIN NUMBER: 03-34-200-183-0000 REQUEST(S): Rezone from B1 Business Office to B3 Community Shopping MEMBERS PRESENT: Joseph Donnelly, Chair Sharon Otteman Tom Fitzgerald William Beattie Keith Youngquist Jacqueline Hinaber Jeanne Kueter MEMBERS ABSENT: None STAFF MEMBERS PRESENT: Brian Simmons, Deputy Director of Community Development Consuelo Andrade, Senior Planner INTERESTED PARTIES : Jim Bolender, Nat Caputo, Michael Alesia, Kathleen Schalk Chairman Donnelly called the meeting to order at 7:30 p.m. Commissioner Hinaber made a motion, seconded by Commissioner Beattie to approve the minutes of the July 25, 2013 Planning and Zoning Commission Meeting; the minutes were approved 6-0 with Commissioner Kueter abstaining. Chairman Donnelly introduced Case PZ-14-13, 211 E. Rand Road and stated the case was Village Board final. Ms. Andrade stated the Petitioner for PZ-14-13 is requesting to rezone the Subject Property located at 211 E. Rand Road from B1 Business Office to B3 Community Shopping District. The Subject Property is located on the west side of Rand Road and contains a one story vacant commercial building with related improvements. Ms. Andrade stated the Subject Property is currently zoned B1 Business Office and is bordered by B1 Business Office on the north and west sides, the R3 Low Density Residence District and B3 Community Shopping Districts on the south side, and the B3 Community Shopping District on the east side. Ms. Andrade explained that the Petitioner is proposing to remodel the building for a cigar shop. Retail is not a permitted land use in the B1 Business Office District. Therefore, the Petitioner is seeking to rezone the Subject Property to B3 Community Shopping. She also stated the Petitioner’s site plan indicated Joseph Donnelly, Chair PZ-14-13 Planning & Zoning Commission Meeting August 22, 2013 Page 1 of 6 access to the building would be provided via the existing drive located on Rand Road and the exterior improvements would consist of striping one accessible parking stall and adding a patio area in the front. Ms. Andrade stated the Petitioner’s floor plan indicated the cigar shop would consist of an office, conference room, lounge areas, humidor room and restrooms. The proposed establishment would be a cigar retail operation where guests can purchase cigars and smoke them on site; she stated cigarettes would not be sold. Ms. Andrade stated that the hours of operation would be from 8:00 a.m. - 10:00 p.m. on weekdays, 8:00 a.m.- midnight on Saturdays, and closed on Sundays. Ms. Andrade showed the table below which compared the B3 Bulk Code requirements with the Petitioner’s proposal. B3Code Requirements Existing Proposed Setbacks: Front (E) Min. 30’ 55’ No Change (principal structure) (principal structure) 27’ (patio) Interior (N) Min. 10’ 20.48’ No Change (principal structure) (principal structure) 20.48’ (patio) Interior (S) Min. 10’ 0’ No Change (principal structure) (principal structure) 19.37’ (patio) Rear (W) Min. 20’ 120.28’ No Change (principal structure) (principal structure) 176.38’ (patio) Lot Coverage: Max. 75% (12,045 sq.ft.) 58% (9,349 sq.ft.) 65% (10,416 sq.ft.) Height: 35’- 3 Stories One story No Change Ms. Andrade stated there would be no changes to the existing structure setbacks or the parking lot setbacks. The proposed patio would be setback twenty seven feet (27’) which would not comply with the thirty foot (30’) setback requirement. Ms Andrade explained the Petitioner will need to revise the site plan to provide a thirty foot (30’) front yard setback from the patio to the front property line. Ms. Andrade stated the addition of the patio would increase the lot coverage from fifty-eight percent (58%) to sixty-five percent (65%), which would be within the maximum allowed seventy-five percent (75%). She also stated that the Petitioner did not submit a landscape plan or a photometric plan for the Subject Property; therefore, Staff could not confirm that the property complies with the Village’s current lighting or landscaping requirements. Ms. Andrade explained these plans will be required when the Petitioner applies for the building permit. Ms. Andrade stated the standards for Map Amendments are listed in Section 14.203.D.8.a of the Village Zoning Ordinance the findings are based upon the evidence presented with respect to the following matters: The compatibility with existing uses and zoning classifications of property within the general area of the property in question; Joseph Donnelly, Chair PZ-14-13 Planning & Zoning Commission Meeting August 22, 2013 Page 2 of 6 The compatibility of the surrounding property with the permitted uses listed in the proposed zoning classification; The suitability of the property in question to the uses permitted under the existing and proposed zoning classifications; and Consistency with the trend of development in the general area of the property in question, and the objectives of the current Comprehensive Plan for the Village. Ms. Andrade stated that Staff had reviewed the zoning request and found the proposal met the standards for the Map Amendment. The B3 Zoning District would be compatible with existing zoning within the general area. The Subject Property borders the B3 District to the south and east sides. Additionally, the proposed land use as a cigar shop would be in keeping with the surrounding land uses and the Village’s Comprehensive Plan designation. The Subject Property is adjacent to existing commercial land uses, such as Wendy’s, Holiday Inn, Bar Louie, Discount Tire, and Early Days Day Care Center. Ms. Andrade explained based on these findings, Staff recommends that the Planning and Zoning Commission recommend approval for the following motion: “A Map Amendment to rezone the property located at 211 E. Rand Road from B1 Business Office to B3 Community Shopping.” This case is Village Board Final. Chairman Donnelly asked the board if they had any questions or comments for Staff. Hearing none he swore in Michael Alesia (attorney for Petitioner) 1000 Plaza Drive #680 Schaumburg, Illinois; Nat Caputo 671 Benny Court Des Plaines, Illinois; and James Bolender 663 Chasewood Drive South Elgin, Illinois. Mr. Alesia clarified that the business would also be open on Sundays from 10:00 a.m. to 9:00 p.m. Mr. Caputo stated the project would allow customers to enjoy fine tobacco products that were purchased in the shop either inside the location or out on the patio. He also stated they chose Mount Prospect because he feels it is a good place to business. Mr. Bolender stated it is going to be a retail operation selling tobacco products with the exception of cigarettes. Chairman Donnelly asked if the board had any questions for the Petitioner. Commissioner Beattie clarified the tobacco products that are purchased could be used in the lounge area within the store. The Petitioner confirmed his statement was true. Commissioner Beattie asked if tobacco would be the only item sold in the store. Mr. Caputo stated they would also sell lighters, ash trays, humidors and other related items. Mr. Caputo explained to the board his background in retail sales and about their plans to expand the brand and concept if the first location is a success. Commissioner Hinaber asked the Petitioner if they have any age restrictions for customers of the shop. Joseph Donnelly, Chair PZ-14-13 Planning & Zoning Commission Meeting August 22, 2013 Page 3 of 6 Mr. Caputo stated by law customers need to be eighteen (18) years of age and anyone below that age would not be allowed in the shop. Commissioner Youngquist asked if liquor will be served. Mr. Caputo stated they are not allowed to have a liquor and tobacco license at the same establishment; therefore, no liquor would be sold. There was general discussion regarding the hours of operation. The Petitioner stated that realistically the hours would be from 10:00 a.m. to 10:00 p.m. Chairman Donnelly clarified to the Petitioner that the current request doesn’t include any of the variances to lighting, landscaping or the patio setback and that information needs to be provided to Staff if or when the project gets to that point. The Petitioner stated that they were aware and they would comply with code in all of the related areas. Commissioner Beattie said he was concerned about the hours of operation because they do not seem to be concrete and there is apartment complex a few feet from the Subject Property’s parking lot. There was general discussion about the hours of operation being different for the patio and the store. The petitioner stated he would not have a problem with limiting the hours on the patio to 10:00 p.m. Chairman Donnelly opened the public portion of the meeting. He swore in Kathleen Schalk 645 Maple Court Mt. Prospect. Ms. Schalk stated that she owns and lives in one of the townhomes directly behind the Subject Property. She stated that her yard is directly adjacent to where the patio would be located. Ms. Schalk stated that she is a non smoker and that she has lived there for the past forty (40) years. She explained that previous businesses that have occupied the space have operated during reasonable business hours and have not interfered with the complex’s quiet residential nature. Ms. Schalk explained that a row of greenery and a twenty foot buffer are the only things that separate the remaining homes from the parking lot of the adjacent businesses. She stated when Wendy’s first took over the parking lot of the Subject Property the association of her complex was able to get a twenty foot (20’) buffer zone up to the back corner of the building at 211 E. Rand Road. Ms. Schalk stated that Mr. Caputo’s suggestion to install additional landscaping along the back of the proposed patio is useless because the smoke and noise would travel through the trees. Chairman Donnelly asked Ms. Schalk if her primary concern is the noise and the smoke from the proposed patio or if she is also opposing the use for the building as well. Ms. Schalk stated that her main concern is the patio but is questioning where the smoke from inside the building would be vented. Commissioner Beattie asked it is acceptable for Ms. Schalk’s neighbors to smoke inside their homes and outside in their yards. Ms. Schalk stated that she understood but the proposed business is selling the concept and the action of smoking. Joseph Donnelly, Chair PZ-14-13 Planning & Zoning Commission Meeting August 22, 2013 Page 4 of 6 Chairman Donnelly asked if the Petitioners put in a fence and heavy additional landscaping would be sufficient enough to help block out the noise and smoke. Ms. Schalk stated that the fence would need to be more of a brick retaining wall to be effective and she believed that any amount of landscaping would not be able to shelter the noise and smoke from the patio. Commissioner Donnelly called the Petitioner back up to the stand and asked what his plans were for ventilation inside the building. Mr. Bolender stated that the building would have a ventilation system that would clean and filter the air as it exits the building. He stated that the air would be just as clean exiting the building as it would be coming into the building. Commissioner Donnelly asked Mr. Caputo to address the concerns regarding the screening issue and the noise. Mr. Caputo stated that they could match the eight foot fence that is already in existence behind the property and that they would not have any issue with closing the patio down at 10:00 pm. Mr. Caputo stated that if the Village allowed him to extend the eight foot fence that is already in place around the end of the building to help contain the noise and the smoke. Ms. Schalk stated that the current fence is board on board and would still allow smoke to pass through. Mr. Caputo stated he would put in a solid fence if that would ease Ms. Schalk’s concerns. Mr. Simmons stated that the request for the evenings meeting is strictly for the zoning reclassification and conditions cannot be applied to the request. Mr. Simmons stated that the Petitioner can work with Staff to address the issues during the permit process; but the purpose for the current meeting is to change the zoning for the Subject Property. Chairman Donnelly stated the Petitioner’s architect and Ms. Schalk could meet before the Village Board meeting and address the concerns and formulate a plan to bring to the Village Board so they could make their final decision. Commissioner Fitzgerald asked the Petitioner where they plan to have their customer’s park on a busier night. He stated the site did not seem to have enough parking for the intended use. Mr. Alesia stated that he has already made contact with Wendy’s about potentially using some of the spaces in a lot that they do not use. Chairman Donnelly stated that they meet the parking requirement for their zone and it isn’t a current issue; he asked if there were any further questions. Hearing none, he closed the public portion of the meeting and brought it back to the board. Commissioner Beattie asked if the conditions that were discussed will be brought before the Planning and Zoning Commission or directly to Village Board. Joseph Donnelly, Chair PZ-14-13 Planning & Zoning Commission Meeting August 22, 2013 Page 5 of 6 Mr. Simmons explained that the vote tonight is strictly for rezoning the location to B3 in order to permit the cigar shop as a suitable use, any other discussions regarding the hours of operation, noise concern, and the patio would be permitted within the zoning use. Chairman Donnelly stated that concerned citizens can go to the Village Board meeting and state their concerns and try to prevent the rezoning. Commissioner Beattie made a motion, seconded by Commissioner Fitzgerald to approve the request to rezone the property located at 211 E. Rand Road from B1 Business Office to B3 Community Shopping. Chairman Donnelly asked if there were any more comments or opinions before the vote. Commissioner Beattie and Commissioner Fitzgerald voiced their concerns about the close proximity the commercial use would be located to the residential area and that the potential use of the building could change in the future if it were rezoned. Chairman Donnelly asked staff if the subject property could have a patio. Mr. Simmons stated that the existing property is able to construct a patio and still comply with code. Commissioner Youngquist stated he thinks there are other locations within the Village that would be suitable for a cigar shop and does not understand why this particular parcel is needed. Mr. Caputo stated that by Illinois State law a cigar shop needs to be located in a “stand alone” building. Commissioner Youngquist stated it is because of the noxious odors that are omitted into the air. Chairman Donnelly asked if there were any further comments or questions; hearing none voting took place. UPON ROLL CALL: AYES: Otteman NAYS: Fitzgerald, Beattie, Youngquist, Hinaber, Keuter, Donnelly The motion was denied 6-1. This case is Village Board Final. After the vote Chairman Donnelly welcomed Commissioner Jeanne Keuter and thanked Leo Floros for his years of service on the Planning and Zoning Commission. Chairman Donnelly stated the board needed to appoint a new Vice Chairman and he nominated Keith Youngquist. After a voice vote it was confirmed that Commissioner Youngquist would be the new Vice Chairman of the Planning and Zoning Commission. Commissioner Beattie made a motion, seconded by Commissioner Fitzgerald and the meeting was adjourned. ________________________________________ Jenna Moder, Administrative Assistant Community Development Joseph Donnelly, Chair PZ-14-13 Planning & Zoning Commission Meeting August 22, 2013 Page 6 of 6