Village of Bensenville Community Development Commission met Nov. 10.
Here is the minutes provided by the commission:
CALL TO ORDER: The meeting was called to order by Chairman Rowe at 6:30 p.m.
ROLL CALL: Upon roll call the following Commissioners were present:
Rowe, Ciula, King, Wasowicz
Absent: Czarnecki, Marcotte, Rodriguez
A quorum was present.
STAFF PRESENT: K. Fawell, E. Summers, C. Williamsen
JOURNAL OF PROCEEDINGS: The minutes of the Community Development Commission Meeting of the October 6, 2020 were presented.
Motion: Commissioner King made a motion to approve the minutes as presented. Commissioner Ciula seconded the motion.
All were in favor. Motion carried.
Village Manager, Evan Summers and Village Planner, Kelsey Fawell, were present and sworn in by Chairman Rowe.
PUBLIC COMMENT: There was no Public Comment.
Public Hearing: CDC Case Number 2020-15
Petitioner: Scott Sanda and Michael Pesch
Location: 81 0 East George Street
Request: Variation, Minimum Rear Setback
Municipal Code Section 10-6-8- 1
Variation, Garage Location
Municipal Code Section 10- 7- 4C- 9.a.2
Motion: Commissioner Wasowicz made a motion to open CDC Case No. 2020-15. Commissioner Ciula seconded the motion
ROLL CALL: Upon roll call the following Commissioners were present: Rowe, Ciula, King, Wasowicz
Absent: Czarnecki, Marcotte, Rodriguez,
A quorum was present.
Chairman Rowe opened CDC Case No. 2020-15 at 6:32p.m.
Village Planner, Kelsey Fawell was present and sworn in by Chairman Rowe. Ms. Fawell stated a Legal Notice was published in the Bensenville Independent on September 17, 2020. Ms. Fawell stated a certified copy o f the Legal Notice is maintained in the CDC file and is available for viewing and inspection at the Community & Economic Development Department during regular business hours. Ms. Fawell stated Village personnel posted a Notice of Public Hearing sign on the property, visible from the public way on September 14, 2020. Ms. Fawell stated on September 14, 2020 Village personnel mailed from the Bensenville Post Office via First Class Mail a Notice o f Public Hearing to taxpayers of record within 250' of the property in question. Ms. Fawell stated an affidavit of mailing executed by C & ED personnel and the list o f recipients are maintained in the CDC file and are available for viewing and inspection at the Community & Economic Development department during regular business hours.
Ms. Fawell stated the Petitioner is requesting two variations in order to construct a single-family home at 810 E. George Street. Ms. Fawell stated the proposed building encroaches into the 25' rear yard setback by approximately 10' (proposed rear fa9ade is 15' from rear property line). Ms. Fawell stated the home also features an attached garage on the front fa9ade. Ms. Fawell stated the Village Zoning Ordinance requires all front-facing garages to be set back a minimum of five feet from the front elevation of the principal structure; proposed garage is set back zero feet. Ms. Fawell stated this item appeared in front of the Community Development Commission on October 6, 2020 and was remanded back to the Commission by the Village Board on October 27, 2020 to address engineering concerns. Ms. Fawell stated Staff has yet to receive revised plans.
Chairman Rowe asked if the petitioner was present to give testimony. There was no petitioner present.
Public Comment:
Bill Perry- 814 George Street
Mr. Perry was present and sworn in by Chairman Rowe. Mr. Perry asked what would happened ifthe proposed plans were revised.
Ms. Fawell explained that if the plans changed, and the requests stayed the same; a new CDC Case would not be required, but would still need to appear before the CDC. Ms. Fawell stated should the petitioner ask for different variances, a new CDC Case presented at a Public Hearing would be required.
Mr. Perry stated no other homes in the area have variances and were built to Village Code.
Daniel Schneider- 741 John Street
Mr. Schneider was present and sworn in by Chairman Rowe. Mr. Schneider stated he agrees with Mr. Perry's comments regarding the character of the houses in the area.
Barbara Lysy - 751 John Street (Online Public Comment) Ms. Fawell read a Public Comment into the Record on behalf of. Ms. Lysy. The Public Comment has been attached to the minutes as "Exhibit A".
Motion: Commissioner King made a motion to continue CDC Case No. 2020-15 until December 1, 2020. Commissioner Ciula seconded the motion.
ROLL CALL: Ayes: Rowe, Ciula, King, Wasowicz
Nays: None
All were in favor. Motion carried.
Public Hearing: CDC Case Number 2020-16
Petitioner: Heidi Shaefer & Eric Schmid
Location: 1180 West Industrial Drive
Request:Special Use Permit, Gun Sales Establishment Municipal Code Section 10 - 7 - 2 - 1
Motion: Commissioner Wasowicz made a motion to open CDC Case No. 2020-16. Commissioner King seconded the motion.
ROLL CALL: Upon roll call the following Commissioners were present: Rowe, Ciula, King, Wasowicz
Absent: Czarnecki, Marcotte, Rodriguez
A quorum was present.
Chairman Rowe opened CDC Case No. 2020-16 at 6:39 p.m.
Village Planner, Kelsey Fawell was present and sworn in by Chairman Rowe. Ms. Fawell stated a Legal Notice was published in the Bensenville Independent on October 22, 2020. Ms. Fawell stated a certified copy of the Legal Notice is maintained in the CDC file and is available for viewing and inspection at the Community & Economic Development Department during regular business hours. Ms. Fawell stated Village personnel posted a Notice of Public Hearing sign on the property, visible from the public way on October 19, 2020. Ms. Fawell stated on October 19, 2020 Village personnel mailed from the Bensenville Post Office via First Class Mail a Notice ofPublic Hearing to taxpayers of record within 250' of the property in question. Ms. Fawell stated an affidavit of mailing executed by C & ED personnel and the list o f recipients are maintained in the CDC file and are available for viewing and inspection at the Community & Economic Development department during regular business hours.
Ms. Fawell stated the Petitioners, Schmid Tools, currently operate a machine shop, which contracts with the Federal government to produce gun parts at the subject property. Ms. Fawell stated the business received a Special Use Permit to operate a gunsmith use in 2018. Ms. Fawell stated the Petitioners are looking to operate a second business in this space, Wee 1Tactical, with the same use of manufacturing FFL parts as well as fully completed firearms for sale to distributors. Ms. Fawell stated no retail sales will be occurring at this location.
Heidi Shaefer, owner, was present and sworn in by Chairman Rowe. Ms. Shaefer provided an explanation for the request and stated there would be no general sales to the public.
There were no questions from the Commission.
Ms. Fawell reviewed the Findings of Fact as presented in the Staff Report consisting of:
1) Public Welfare: The proposed special use will not endanger the health, safety, comfort, convenience and general welfare of the public.
Applicant's Response: The proposed special use will not endanger the health, safety, comfort, convenience and general welfare of the public. This request is not to operate a range, nor will weapons be sold for retail use.
2) Neighborhood Character: The proposed special use is compatible with the character of adjacent properties and other property within the immediate vicinity of the proposed special use.
Applicant's Response: The proposed use will fit harmoniously with the existing character of existing permitted uses in its environs. Any adverse effects on environmental quality, property values or neighborhood character beyond those normally associated with permitted uses in the district have been minimized. Our current use for our other business, Schmid Tools, has not impacted neighborhood character since its SUP approval in 2018 and we expect Wee 1 Tactical, LLC to also fit in with neighborhood character.
3) Orderly Development: The proposed special use will not impede the normal and orderly development and improvement o f adjacent properties and other property within the immediate vicinity of the proposed special use.
Applicant's Response: The proposed special use will not impede the normal and orderly development and improvement of adjacent properties and other property within the immediate vicinity of the proposed special use. This is an expansion of our current use, which has fit in with surrounding uses in the industrial district.
4) Use of Public Services and Facilities: The proposed special use will not require utilities, access roads, drainage and/or other facilities or services to a degree disproportionate to that normally expected o f permitted uses in the district, nor generate disproportionate demand for new services or facilities in such a way as to place undue burdens upon existing development in the area.
Applicant's Response: No additional public services or facilities will be required.
5) Consistent with Title and Plan: The proposed special use is consistent with the intent of the Comprehensive Plan, this title, and the other land use policies of the Village.
Applicant's Response: The proposed special use is consistent with the intent of the Comprehensive Plan, this title, and the other land use policies of the Village.
Public Comment:
Chairman Rowe asked if there was any member of the Public that would like to speak on behalf of the case. There were none.
Ms. Fawell stated Staff recommends the Approval of the above Findings ofFact and therefore the Approval of the Special Use Permit at 1180 W. Industrial Drive with the following condition:
I) The Special Use Permit be granted solely to Wee 1 Tactical, LLC and shall be transferred only after a review by the Community Development Commission (CDC) and approval of the Village Board. In the event of the sale or lease of this property, the proprietors shall appear before a public meeting o f the CDC. The CDC shall review the request and in its sole discretion, shall either; recommend that the Village Board approve of the transfer of the lease and/or ownership to the new proprietor without amendment to the Special Use Permit, or if the CDC deems that the new proprietor contemplates a change in use which is inconsistent with the Special Use Permit, the new proprietor shall be required to petition for a new public hearing before the CDC for a new Special Use Permit;
2) The Special Use Permit shall not be used to operate retail gun store.
There were no questions from the Commission.
Motion: Commissioner King made a motion to close CDC Case No. 2020-16. Commissioner Wasowicz seconded the motion.
ROLL CALL: Ayes: Rowe, Ciula, King, Wasowicz
Nays: None
All were in favor. Motion carried
Chairman Rowe closed CDC Case No. 2020-16 at 6:44p.m
Motion: Commissioner Wasowicz made a combined motion to approve the Findings of Fact and Special Use Permit, Gun Sales Establishment. Chairman Rowe seconded the motion.
ROLL CALL: Ayes: Rowe, Ciula, King, Wasowicz
Nays: None
All were in favor. Motion carried.
Public Hearing: CDC Case Number 2020-17
Petitioner: Tomasz Sosnowski
Location: 1040 Waveland Avenue
Request: Special Use Permit, Motor Vehicle Repair
Municipal Code Section 10- 7 - 2 - 1
Variation, Industrial District Parking Location
Municipal Code Section 10 - 6 - 19.B.4
Variation, Off-Street Parking Encroachment
Municipal Code Section 10 - 8 - 1.C.4
Variation, Minimum Parking Requirements
Municipal Code Section 10 - 8 - 2 - 1
Variation, Off-Street Parking Access
Municipal Code Section 1 0 - 8 - 6.C
Motion: Commissioner Wasowicz made a motion to open CDC Case No. 2020-17. Commissioner Ciula seconded the motion.
ROLL CALL: Upon roll call the following Commissioners were present:
Rowe, Ciula, King, Wasowicz
Absent: Czarnecki, Marcotte, Rodriguez
A quorum was present.
Chairman Rowe opened CDC Case No. 2020-17 at 6:46p.m.
Village Planner, Kelsey Fawell was present and sworn in by Chairman Rowe. Ms. Fawell stated a Legal Notice was published in the Bensenville Independent on October 22, 2020. Ms. Fawell stated a certified copy o f the Legal Notice is maintained in the CDC file and is available for viewing and inspection at the Community & Economic Development Department during regular business hours. Ms. Fawell stated Village personnel posted a Notice ofPublic Hearing sign on the property, visible from the public way on October 19, 2020. Ms. Fawell stated on October 19, 2020 Village personnel mailed from the Bensenville Post Office via First Class Mail a Notice o f Public Hearing to taxpayers o f record within 250' of the property in question. Ms. Fawell stated an affidavit of mailing executed by C & ED personnel and the list of recipients are maintained in the CDC file and are available for viewing and inspection at the Community & Economic Development department during regular business hours.
Ms. Fawell stated the Petitioner is seeking approval of a Special Use Permit to operate a motor vehicle repair business at I040 Waveland Avenue. Ms. Fawell stated Village Zoning Code requires this use to provide a minimum of 8 parking spaces; the site currently provides 7. Code also mandates that such parking facilities shall not be the dominant visual element of the site when in a comer side yard, be at least 1-foot from all lot lines, and be designed with spaces opening directly into a drive aisle and to allow the driver to proceed forward into traffic rather than backing out. Ms. Fawell stated parking facility abuts the comer side lot line with no drive aisle provided for adequate means of vehicular access.
Tomasz Sosnowski, applicant, was present and sworn in by Chairman Rowe. Mr. Sosnowski stated he is applying for the Special Use to open a business to work on vehicles both mechanical and body repair.
Commissioner Ciula asked ifMr. Sosnowski was currently operating a business on the proposed site. Mr. Sosnowski stated no.
Commissioner King asked how many vehicles would be worked on at a time. Mr. Sosnowski stated he can work on three to four vehicles at once inside and the work is short term.
Commissioner Ciula asked what type of vehicles would be worked on. Mr. Sosnowski stated standard vehicles; no trucks.
Ms. Fawell reviewed the Findings of fact as presented in the Staff Report regarding the Special Use Request consisting of:
l. Public Welfare: The proposed special use will not endanger the health, safety, comfort, convenience and general welfare of the public.
Applicant's Response: The proposed special use will not endanger the health, safety, comfort, convenience and general welfare of the public. The use will be conducted inside a building and will not generate noise or polluting.
2. Neighborhood Character: The proposed special use is compatible with the character of adjacent properties and other property within the immediate vicinity ofthe proposed special use.
Applicant's Response: The proposed special use is compatible with the character of adjacent properties and other property within the immediate vicinity of the proposed special use. The building exists in an industrial and older neighborhood. I am reusing an existing building and the use is compatible with the surrounding area.
3. Orderly Development: The proposed special use will not impede the normal and orderly development and improvement o f adjacent properties and other property within the immediate vicinity of the proposed special use.
Applicant's Response: The proposed special use will not impede the normal and orderly development and improvement of the adjacent properties and other property within the immediate vicinity of the proposed special use. I am using an existing building and will have no effect on the area or the neighborhood.
4. Use of Public Services and Facilities: The proposed special use will not require utilities, access roads, drainage and/or other facilities or services to a degree disproportionate to that normally expected o f permitted uses in the district, nor generate disproportionate demand for new services or facilities in such a way as to place undue burdens upon existing development in the area.
Applicant's Response: The proposed special use will not require utilities, access roads, drainage and or other facilities or services to a degree disproportionate to the normally expected of permitted uses in the district, nor generate disproportionate demand for new services or facilities in such a way as to place undue burdens upon existing development in the area. The existing utilities are in place to support this use.
5. Consistent with Title and Plan: The proposed special use is consistent with the intent o f the Comprehensive Plan~ this title~ and the other land use policies of the Village.
Applicant's Response: The proposed special use is consistent with the intent of the Comprehensive Plan, this title, and the other land use policies of the Village. As a motor vehicle repair shop the Triple Basin is required the use complies with the plan of the industrial building.
Ms. Fawell reviewed the Findings ofFact as presented in the Staff Report regarding the Variances Request consisting of:
1) Public Welfare: The proposed Variation will not endanger the health, safety, comfort, convenience, and general welfare of the public.
Applicant's Response: The proposed variation will not endanger the health, safety, comfort, convenience and general welfare of the public. As it is a very low profile area and not highly traffic.
2) Compatible with Surrounding Character: The proposed Variation is compatible with the character of adjacent properties and other property within the immediate vicinity of the proposed Variation.
Applicant's Response: The proposed variation is compatible with the character of adjacent properties and other property within the immediate vicinity of the proposed variation. The building exists in an industrial and older neighborhood. I am reusing an existing building and the proposed variation is compatible with the surrounding area.
3) Undue Hardship: The proposed Variation alleviates an undue hardship created by the literal enforcement o f this title.
Applicant's Response: The proposed variation alleviates an undue hardship created by literal enforcement of this title. The normal and orderly development and improvement of the additional parking space will not endure an undue hardship by using an existing parking space in the back of the building and will have no effect on the low traffic area
4) Unique Physical Attributes: The proposed Variation is necessary due to the unique physical attributes of the subject property, which were not deliberately created by the applicant.
Applicant's Response: The proposed variation is necessary due to the unique physical attributes of the subject property, which were not deliberately created by the applicant. It a very small site that is fairly developed
5) Minimum Deviation Needed: The proposed Variation represents the minimum deviation from the regulations o f this title necessary to accomplish the desired improvement o f the subject property.
Applicant's Response: The proposed variation represents the minimum deviation from the regulation of this necessary to accomplish the desired improvement of the subject property. The Variation code represents the minimum variation for this subject property.
6) Consistent with Ordinance and Plan: The proposed Variation is consistent with the intent of the Comprehensive Plan, this title, and the other land use policies ofthe Village.
Applicant's Response: The proposed variation is consistent with the intent of the comprehensive plan, this title and other land use policies of the village. As a motor vehicle repair shop the variation is existing with the intent.
Public Comment:
Chairman Rowe asked if there was any member of the Public that would like to speak on behalf o f the case. There were none.
Ms. Fawell stated Staff recommends the Approval of the above Findings o f Fact and therefore the Approval o f the Special Use Permit at 1040 Waveland Ave. with the following conditions:
1) The Special Use Permit be granted solely to Passion Auto Body and shall be transferred only after a review by the Community Development Commission (CDC) and approval of the Village Board. In the event of the sale or lease of this property, the proprietors shall appear before a public meeting of the CDC. The CDC shall review the request and in its sole discretion, shall either; recommend that the Village Board approve of the transfer of the lease and/or ownership to the new proprietor without amendment to the Special Use Permit, or if the CDC deems that the new proprietor contemplates a change in use which is inconsistent with the Special Use Permit, the new proprietor shall be required to petition for a new public hearing before the CDC for a new Special Use Permit; and
2) This Special Use Permit shall be used for Motor Vehicle Repair only: only repair/service on passenger vehicles and light trucks only; and
3) Property shall install a triple catch basin that shall discharge to sanitary; and
4) Mechanical ventilation is required in accordance with the 2015 International Mechanical Code. All equipment, such as lifts and spray booth, shall be in accordance with Village adopted codes. Permit(s) are required; and
5) Spray booth shall be installed per International Fire Code 2015 (IFC) Section 2404, NFP A 33, and International Building Code 2015 (IBC) Section 416.2. The area requires a sprinkler system. Permit(s) are required; and
6) Outdoor Storage Area shall remain under 25% of gross lot area; and
7) The 7 parking spaces along Waveland shall be for drive up customer and employee parking only. No vehicles waiting to be serviced shall be parked in this front yard or on the public street.
Ms. Fawell stated Staff recommends the Approval of the above Findings o f Fact and therefore the Approval o f the Industrial District Parking Location Variation at 1040 Waveland.
Ms. Fawell stated Staff recommends the Approval of the above Findings of Fact and therefore the Approval of the Off-Street Parking Encroachment Variation at 1040 Waveland.
Ms. Fawell stated Staff recommends the Approval of the above Findings of Fact and therefore the Approval of the Minimum Parking Requirements Variation at 1040 Waveland.
Ms. Fawell stated Staff recommends the Approval of the above Findings ofFact and therefore the Approval of the Off-Street Parking Access Variation at 1040 Waveland.
There were no questions from the Commission.
Motion: Commissioner Wasowicz made a motion to close CDC Case No. 2020-1 7. Commissioner King seconded the motion.
ROLL CALL: Ayes: Rowe, Ciula, King, Wasowicz
Nays: None
All were in favor. Motion carried.
Chairman Rowe closed CDC Case No. 2020-17 at 6:56p.m.
Motion: Commissioner King made a combined motion to approve the Findings of Fact and Special Use Permit, Motor Vehicle Repair. Commissioner Wasowicz seconded the motion.
ROLL CALL: Ayes: Rowe, Ciula, King, Wasowicz Nays: None
All were in favor. Motion carried.
Motion: Commissioner Wasowicz made a combined motion to approve the Findings of Fact and Variation, Industrial District Parking Location. Commissioner King seconded the motion.
ROLL CALL: Ayes: Rowe, Ciula, King, Wasowicz
Nays: None
All were in favor. Motion carried.
Motion: Commissioner Wasowicz made a combined motion to approve the Findings of Fact and Variation, Off-Street Parking Encroachment. Commissioner King seconded the motion.
ROLL CALL: Ayes: Rowe, Ciula, King, Wasowicz
Nays: None
All were in favor. Motion carried.
Motion: Commissioner King made a combined motion to approve the Findings ofFact and Variation, Minimum Parking Requirements. Commissioner Ciula seconded the motion.
ROLLCALL: Ayes: Rowe, Ciula, King, Wasowicz Nays: None
All were in favor. Motion carried.
Motion: Commissioner Wasowicz made a combined motion to approve the Findings of Fact and Variation, Off-Street Parking Access. Chairman Rowe seconded the motion.
ROLL CALL: Ayes: Rowe, Ciula, King, Wasowicz Nays: None
All were in favor. Motion carried.
Public Hearing: CDC Case Number 2020-I8
Petitioner: ML Realty & Prologis (Contract Purchasers)
Location: Mohawk Terrace Subdivision
Request: Site Plan Review
Municipal Code Section I0 - 3 - 2
Preliminary Plat of Subdivision
Municipal Code Section 11 - 3
Zoning Map Amendment
Municipal Code Section I0 - 3 - 6
Preliminary Planned Unit Development
Municipal Code Section I0 - 4
With the following code departures:
Industrial District Parking Location
Municipal Code Section 1 0 - 6 - 19.8.4
Maximum Number of Parking Spaces
Municipal Code Section IO - 8 - 2 - B.6
Maximum Driveway Width
Municipal Code Section 10- 8 - 8 - I
Driveway Apron Width
Municipal Code Section 10 - 8 - 8 - F
Tree Replacement Standards
Municipal Code Section I0 - 9 - 2 - B
Motion: Commissioner Kinga made a motion to open CDC Case No. 2020- I8. Commissioner Wasowicz seconded the motion.
ROLL CALL: Upon roll call the following Commissioners were present: Rowe, Ciula, King, Wasowicz
Absent: Czarnecki, Marcotte, Rodriguez
A quorum was present.
Chairman Rowe opened CDC Case No. 2020-18 at 7:00p.m.
Village Planner, Kelsey Fawell was present and sworn in by Chairman Rowe. Ms. Fawell stated a Legal Notice was published in the Bensenville Independent on October 22, 2020. Ms. Fawell stated a certified copy o f the Legal Notice is maintained in the CDC file and is available for viewing and inspection at the Community & Economic Development Department during regular business hours. Ms. Fawell stated Village personnel posted a Notice ofPublic Hearing sign on the property, visible from the public way on October 19, 2020. Ms. Fawell stated on October 19, 2020 Village personnel mailed from the Bensenville Post Office via First Class Mail a Notice of Public Hearing to taxpayers of record within 250' o f the property in question. Ms. Fawell stated an affidavit of mailing executed by C & ED personnel and the list of recipients are maintained in the CDC file and are available for viewing and inspection at the Community & Economic Development department during regular business hours.
Ms. Fawell stated the Petitioners, ML Realty and Prologis Inc., are seeking the above zoning requests in order to assemble the residentially-zoned properties in the Mohawk Terrace Subdivision (southwest corner ofDevon Avenue and Illinois Route 83) into an industrial use business park. Ms. Fawell stated the Petitioners recently approached the residents o f the subject site in order to acquire their properties and currently have contracts signed with all lots.
Ms. Fawell stated the Petitioners are requesting the approval of a Preliminary Plat of Subdivision in order to subdivide the site into four north/south lots. Ms. Fawell stated these existing individual lots in Mohawk Terrace Subdivision are zoned R - 1 Single-Unit Dwelling District. Ms. Fawell stated the requested Zoning Map Amendment is to rezone these lots from R - I to I - 2 General Industrial District. Ms. Fawell stated the proposed industrial park requires the approval ofa Preliminary Planned Unit Development, in hand with a Site Plan Review of the proposed plans.
Ms. Fawell stated the site plan features four industrial buildings, each on one of the proposed subdivided lot, with parking for both trucks and passenger vehicles. Ms. Fawell stated in conjunction with the Preliminary Planned Unit Development, the Petitioners are requesting code departures, as certain aspects of the site do not meet the following Village Zoning Ordinance requirements. Ms. Fawell stated in industrial districts, parking areas in the front and corner side yards shall not be the dominant point of view from the right-of-way and shall consist of less than 50 parking stalls. Ms. Fawell stated the entirety of the parking facilities, including those areas that fall into interior side yards and rear yards, exceed the maximum required of parking spaces required by code, which states that the number of parking stall shall not exceed the minimum required amount by 125%. Ms. Fawell stated two driveways on the north side of the lot exceed the maximum required width of 30 feet. Ms. Fawell stated it is important to note these driveways are intended to be shared between the respective two lots that they serve. Ms. Fawell stated proposed driveway aprons exceed the width of the driveways by more than three feet on either side, which is prohibited by the Zoning Ordinance. Ms. Fawell stated in order to construct this proposed site plan, 408 existing trees will need to be removed. Ms. Fawell stated the proposed tree replacement plan does not meet the amount of replacement trees as required by Code.
Ms. Fawell stated the Petitioners will have to appear before the Community Development Commission and the Village Board of Trustees in the future to request approval of both the Final Plat of Subdivision and Final Planned Unit Development, should these preliminary requests be approved.
Tim Geisler of ML Realty Partners and Jess Knigge of Prologis, were both present and sworn in by Chairman Rowe. Mr. Geisler stated there were there to answer any questions should the Commission have any. Mr. Geisler distributed the traffic Study to the Commission. The traffic study has been attached to the minutes as "Exhibit B".
Commissioner Ciula asked for a timeframe of the work. Mr. Geisler stated closing on properties would occur at the start of 2021; demolition by summer of 2021 and hoping to be operating by 2022.
Ms. Fawell reviewed the Findings of Fact as presented in the Staff Report for the Site Plan Review consisting of:
1. Surrounding Character: The site plan for the proposed development is consistent with the existing character and zoning of adjacent properties and other property within the immediate vicinity of the proposed development.
Applicant's Response: The site is a natural fit for an industrial park and will be consistent with the existing surroundings, which is comprised of industrial, commercial or data centers. The property is surrounded by Devon Avenue to the north, commercial properties and Route 83 to the east, and industrial properties to the west and south. It should be noted that ML Realty Partners and Prolog is own most of the industrial buildings adjacent to the property lines on the west and south.
2. Neighborhood Impact: The site plan for the proposed development will not adversely impact adjacent properties and other properties within the immediate vicinity of the proposed development.
Applicant's Response: As the proposed use of the site is harmonious with surrounding properties, the site plan for the proposed development will not adversely impact adjacent properties and other properties within the immediate vicinity of the proposed development.
3. Public Facilities: The site plan for the proposed development will be provided with adequate utilities, access roads, parking, loading, drainage, stormwater flow paths, exterior lighting, and/or other necessary facilities.
Applicant's Response: All buildings will have ample parking for cars and adequate trailer parking for trucks. The existing subdivision is currently on well and septic systems so the redevelopment will include bringing water and sanitary sewers from the southeast corner of the site. All storm water will be accounted for and contained on site via underground detention and water feature and released at the required rate. All new franchise utilities (CornEd, Nicor, AT&T, etc.) will be installed underground for the new park. We are requesting that we relocate the four existing full access curb-cuts and add two new full access curb cuts along Devon Avenue and plan on utilizing the existing full access at Route 83. The curb cuts have been designed by a traffic engineer to account for traffic flow, separation of cars and trucks, adjacent driveways, and existing grades. The final locations of the curb-cuts will ultimately be up to the County on Devon Avenue and IDOT on Route 83.
4. Environmental Preservation: The site plan for the proposed development is designed to preserve the environmental resources of the zoning lot.
Applicant's Response: To enhance the aesthetics and create some amenities within the park we have increased green space areas from the 1-2 zoning requirements. While we do fall short for the total number of trees required to be replaced for the large established residential subdivision, our landscape plan will exceed the code required plantings for any typical industrial developments. A water feature has been included at the park entry on Route 83 to showcase this first-class industrial park.
5. On-site Pedestrian Circulation System: The site plan shall accommodate on-site pedestrian circulation from parking areas, plazas, open space, and public rights-of- way. Pedestrian and vehicular circulation shall be separated to the greatest extent possible.
Applicant's Response: We have included public sidewalks along both Devon Avenue and Route 83 to provide safe access to the Pace Bus Stop which is located at the southeast corner of the site. Additionally, we have included walking paths and sidewalks west of building 1, in the center median between buildings 1 and 3, and along the access drive south of buildings 3 and 4 to tie into all public walks.
A water feature has been included at the park entry on Route 83 to showcase this first-class industrial park.
6. Vehicle Ingress and Egress: The site plan shall locate curb cuts for safe and efficient ingress and egress of vehicles. The use of shared curb cuts and cross-access easements shall be provided when appropriate.
Applicant's Response: We are requesting that we relocate the four existing full access curb-cuts and add two new full access curb cuts along Devon Avenue and plan on utilizing the existing full access at Route 83. The curb cuts have been designed by a traffic engineer to account for traffic flow, separation of cars and trucks, adjacent driveways, and existing grades. The final locations of the curb-cuts will ultimately be up to the County on Devon Avenue and IDOT on Route 83.
7. Architectural Design: The site plan for the proposed development includes architectural design that contributes positively to the Village's aesthetic appearance.
Applicant's Response: The four proposed buildings will have rear loading and will be constructed on a speculative basis meaning they do not have any specific tenants at this time. The buildings are designed for maximum flexibility and could be leased to tenants from 40,000 SF to 350,000 SF. We have included architectural elements constructed from glass, aluminum and precast at the corner entries and at the center entry of the buildings. All buildings will have ample parking for cars and adequate trailer parking for trucks.
8. Consistent with Title and Plan: The site plan for the proposed development is consistent with the intent o f the Comprehensive Plan, this title, and the other land use policies of the Village.
Applicant's Response: The site plan for the proposed development is consistent with the intent of the Comprehensive Plan, this title, and the other land use policies of the Village.
Ms. Fawell reviewed the Findings of Fact as presented in the Staff Report for the Zoning Map Amendments consisting of:
1) Public Welfare: The proposed amendment will not endanger the health, safety, comfort, convenience, and general welfare of the public.
Applicant's Response: The proposed amendment will not endanger the health, safety, comfort, convenience, and general welfare of the public.
2) Neighborhood Character: The proposed amendment is compatible with the existing uses, character, and zoning of adjacent properties and other property within the immediate vicinity of the proposed amendment.
Applicant's Response: The site is a natural fit for an industrial park and will be consistent with the existing surroundings, which is comprised of industrial, commercial or data centers. The property is surrounded by Devon Avenue to the north, commercial properties and Route 83 to the east, and industrial properties to the west and south. It should be noted that ML Realty Partners and Prologis own most of the industrial buildings adjacent to the property lines on the west and south.
3) Public Gain: The proposed amendment provides a relative gain to the public, as compared to any hardship imposed upon an individual property owner.
Applicant's Response: Including the potential to add new jobs to the community, this project will have other direct financial gains to the Village of Bensenville. Currently, Mohawk Terrace generates approximately $670,000 in property taxes annually. Once completed and stabilized this park could generate upwards of $2,000,000 in property taxes. Additionally, by vacating the streets and right of ways, the Village will also save on road maintenance and snow plowing costs.
4) Community Need: The proposed amendment addresses the community need for a specific use.
Applicant's Response: Proposed amendment to re- zone to 1-2 will be consistent with the existing surroundings, which is comprised of industrial, commercial or data centers. The property is surrounded by Devon Avenue to the north, commercial properties and Route 83 to the east, and industrial properties to the west and south. This development has the potential to add new jobs to the community.
5) Amendment Objective: The proposed amendment corrects an error, adds clarification, or reflects a change in policy.
Applicant's Response: Proposed amendment to re- zone to 1-2 will be consistent with the existing surroundings, which is comprised of industrial, commercial or data centers. The proposed use is a better fit than the current residential use.
6) Consistent with Title and Plan: The proposed amendment is consistent with the intent o f the Comprehensive Plan, this title, and the other land use policies of the Village.
Applicant's Response: The site plan for the proposed development is consistent with the intent of the Comprehensive Plan, this title, and the other land use policies of the Village.
Ms. Fawell reviewed the Findings of Fact as presented in the Staff Report for the Special Uses consisting of:
1) Public Welfare: The proposed special use will not endanger the health, safety, comfort, convenience and general welfare of the public.
Applicant's Response: The proposed amendment will not endanger the health, safety, comfort, convenience, and general welfare of the public.
2) Neighborhood Character: The proposed special use is compatible with the character o f adjacent properties and other property within the immediate vicinity o f the proposed special use.
Applicant's Response: The site is a natural fit for an industrial park and will be consistent with the existing surroundings, which is comprised of industrial, commercial or data centers. The property is surrounded by Devon Avenue to the north, commercial properties and Route 83 to the east, and industrial properties to the west and south. It should be noted that ML Realty Partners and Prologis own most of the industrial buildings adjacent to the property lines on the west and south.
3) Orderly Development: The proposed special use will not impede the normal and orderly development and improvement o f adjacent properties and other property within the immediate vicinity of the proposed special use.
Applicant's Response: The site is a natural fit for an industrial park and will be consistent with the existing surroundings, which is comprised of industrial, commercial or data centers. The property is surrounded by Devon Avenue to the north, commercial properties and Route 83 to the east, and industrial properties to the west and south. It should be noted that ML Realty Partners and Prologis own most of the industrial buildings adjacent to the property lines on the west and south.
4) Use of Public Services and Facilities: The proposed special use will not require utilities, access roads, drainage and/or other facilities or services to a degree disproportionate to that normally expected o f permitted uses in the district, nor generate disproportionate demand for new services or facilities in such a way as to place undue burdens upon existing development in the area.
Applicant's Response: We have included public sidewalks along both Devon Avenue and Route 83 to provide safe access to the Pace Bus Stop which is located at the southeast corner of the site. Additionally, we have included walking paths and sidewalks west of building 1, in the center median between buildings 1 and 3, and along the access drive south of buildings 3 and 4 to tie into all public walks. We are requesting that we relocate the four existing full access curb-cuts and add two new full access curb cuts along Devon Avenue and plan on utilizing the existing full access at Route 83. The curb cuts have been designed by a traffic engineer to account for traffic flow, separation of cars and trucks, adjacent driveways, and existing grades. The final locations of the curb-cuts will ultimately be up to the County on Devon Avenue and IDOT on Route 83. Additionally, we have submitted an executive summary of a traffic impact study conducted by Kimley-Horn and Associations. This summary expects minimal impacts to traffic conditions.
5) Consistent with Title and Plan: The proposed special use is consistent with the intent of the Comprehensive Plan, this title, and the other land use policies of the Village.
Applicant's Response: The site plan for the proposed development is consistent with the intent of the Comprehensive Plan, this title, and the other land use policies of the Village.
Ms. Fawell reviewed the Findings of Fact as presented in the Staff Report for the Planned Unit Developments consisting of:
1) Comprehensive Plan: The proposed planned unit development fulfills the objectives of the Comprehensive Plan, and other land use policies of the Village, through an innovative and creative approach to the development of land.
Applicant's Response: The site plan for the proposed development is consistent with the intent of the Comprehensive Plan, this title, and the other land use policies of the Village. Below responses should reflect the innovative and creatives approaches our team has taken in our proposal.
2) Public Facilities: The proposed planned unit development will provide walkways, driveways, streets, parking facilities, loading facilities, exterior lighting, and traffic control devices that adequately serve the uses within the development, promote improved access to public transportation, and provide for safe motor vehicle, bicycle, and pedestrian traffic to and from the site.
Applicant's Response: We have included public sidewalks along both Devon Avenue and Route 83 to provide safe access to the Pace Bus Stop which is located at the south east corner of the site. Additionally, we have included walking paths and sidewalks west of building 1, in the center median between buildings 1 and 3, and along the access drive south of buildings 3 and 4 to tie into all public walks. We are requesting that we relocate the four existing full access curb-cuts and add two new full access curb cuts along Devon Avenue and plan on utilizing the existing full access at Route 83. The curb cuts have been designed by a traffic engineer to account for traffic flow, separation of cars and trucks, adjacent driveways, and existing grades. The final locations of the curb-cuts will ultimately be up to the County on Devon Avenue and IDOT on Route 83.
3) Landscaping and Screening: The proposed planned unit development will provide landscaping and screening that enhances the Village's character and livability, improves air and water quality, reduces noise, provides buffers, and facilitates transitions between different types o f uses.
Applicant's Response: To enhance the aesthetics and create some amenities within the park we have increased green space areas from the 1-2 zoning requirements. While we do fall short for the total number of trees required to be replaced for the large established residential subdivision, our landscape plan will exceed the code required plantings for any typical industrial developments. A water feature has been included at the park entry on Route 83 to showcase this first-class industrial park.
4) Site Design: The proposed planned unit development will incorporate sustainable and low impact site design and development principles.
Applicant's Response: The proposed planned unit development will incorporate sustainable and low impact site design and development principles. The four proposed buildings will have rear loading and will be constructed on a speculative basis meaning they do not have any specific tenants at this time. The buildings are designed for maximum flexibility and could be leased to tenants from 40,000 SF to 350,000 SF. We have included architectural elements constructed from glass, aluminum and precast at the corner entries and at the center entry of the buildings. All buildings will have ample parking for cars and adequate trailer parking for trucks.
5) Natural Environment: The proposed planned unit development will protect the community's natural environment to the greatest extent practical, including existing natural features, water courses, trees, and native vegetation.
Applicant's Response:. To enhance the aesthetics and create some amenities within the park we have increased green space areas from the 1-2 zoning requirements. While we do fall short for the total number of trees required to be replaced for the large established residential subdivision, our landscape plan will exceed the code required plantings for any typical industrial developments. A water feature has been included at the park entry on Route 83 to showcase this first-class industrial park.
6) Utilities: The proposed planned unit development will be provided with underground installation of utilities when feasible, including electricity, cable, and telephone, as well as appropriate facilities for storm sewers, stormwater retention, and stormwater detention.
Applicant's Response: The existing subdivision is currently on well and septic systems so the redevelopment will include bringing water and sanitary sewers from the southeast corner of the site. All stormwater will be accounted for and contained on site via underground detention and water feature and released at the required rate. All new franchise utilities (CornEd, Nicor, AT&T, etc.) will be installed underground for the new park.
Public Comment:
Joanna Grabowska 1261 Edgewood Avenue
Ms. Grabowska was present and sworn in by Chairman Rowe. Ms. Grabowska stated the petitioner has failed to deliver materials to her and therefore stated a contract to purchase her property does not exist. Ms. Grabowska asked for the Commission to continue this case.
Mr. Geisler responded by indicating they have proof of delivery and that Ms. Grabowska's Attorney has failed to return their calls. Mr. Geisler stated the agreement between the two is valid.
Ms. Fawell stated Staff recommends the Approval of the above Findings ofFact and therefore the Approval of the Site Plan Review.
Ms. Fawell stated Staff recommends the Approval of the above Findings ofFact and therefore the Approval of the Zoning Map Amendment: Rezoning Mohawk Terrace Subdivision lots from R - 1 Single-Unit Dwelling District to I - 2 General Industrial District.
Ms. Fawell stated Staff recommends the Approval of the above Findings ofFact and therefore the Approval of the Special Use Permit to allow a PUD at the subject site.
Ms. Fawell stated Staff recommends the Approval of the above Findings ofFact and therefore the Approval of the Preliminary Planned Unit Development with the following conditions:
a. A DuPage County Stormwater Management Certification will be required for this project as the total land disturbing activity exceeds 5,000 SF. The developer must meet all other DuPage County Floodplain and Stormwater Ordinance requirements including submittal of a stormwater report;
b. An Illinois Department o f Transportation (IDOT) permit will be required for the proposed entrance within IL-83 right-of-way;
c. An !EPA-Sanitary, IEPA-Water, IHPA, IEPA-NOI and IEPA-NOT permits will be required for this development;
d. A Cook County Department o f Transportation and Highways (CCDOTH) permit will be required for the proposed work in the Devon Ave rights-of-way;
e. The developer shall properly identify and mitigate and special management areas in accordance with applicable rules and regulations;
f. Any retaining wall extending more than 3-feet in height will require structural engineering calculations and drawings signed and sealed by licensed structural engineer;
g. A 10-feet wide ADA compliant public shared use path will be required along the IL-83 frontage o f the site;
h. The driveway openings along Devon Ave shall line up as best as possible with curb opening on opposite side of Devon Avenue. The Petitioners shall coordinate with CCDOTH;
1. Sanitary Manholes will be required every 300-feet;
J. Individual water services for the building shall be equipped with a shut-off valve outside of the building (valve vault inside 60-inch diameter vault);
k. Petitioners shall receive final approval from CCDOTH on proposed detention basin storm sewer connections;
I. Petitioner shall build a secondary source o f water, either by expanding the Village watermain along Devon Ave to Ellis St or by making an emergency connection with the Elk Grove Village;
m. A written agreement for land-banked parking shall be executed between the applicant and the Village in a format satisfactory to the Village Attorney and shall be recorded in the Office of the Recorder of Deeds of Cook or DuPage County, as applicable;
n. The requested code departure from Section I0 - 6 - 19.B.4, Industrial District Parking Location, be approved;
o. The requested code departure from Section I0 - 8 - 2 - B.6, Maximum Number of Parking Spaces, be approved;
p. The requested code departure from Section 10 - 8 - 8 - I, Maximum Driveway Width, be approved;
q. The requested code departure trom Section I0 - 8 - 8 - F, Driveway Apron Width, be approved;
r. The requested code departure from Section 10 - 9 - 2 - B, Tree Replacement Standards, be approved. The Petitioners shall work with Staff to determine an appropriate tree replacement plan, to be approved by the Zoning Administrator;
s. The Petitioners shall work with Staff to submit a revised on-site pedestrian circulation system plan to be approved by the Zoning Administrator;
t. A final landscape plan, to be approved by the Zoning Administrator, is required upon Final Preliminary Planned Unit Development;
u. The Petitioners shall coordinate with Village Staff to submit revised and additional architectural plans with aesthetic design to be approved by the Zoning Administrator;
v. Full review o f traffic study may include requirements for off-site traffic improvements. The Petitioners and the Village shall coordinate with IDOT and CCDOTH as necessary.
There were no questions from the Commission.
Motion: Commissioner Wasowicz made a motion to close CDC Case No. 2020-18. Commissioner King seconded the motion.
ROLL CALL: Ayes: Rowe, Ciula, King, Wasowicz
Nays: None
All were in favor. Motion carried.
Chairman Rowe closed CDC Case No. 2020-18 at 6:44 p.m.
Motion: Commissioner Wasowicz made a combined motion to approve the Findings of Fact and Site Plan Review. Commissioner Ciula seconded the motion.
ROLL CALL: Ayes: Rowe, Ciula, King, Wasowicz
Nays: None
All were in favor. Motion carried.
Motion: Commissioner Wasowicz made a combined motion to approve the Findings of Fact and Preliminary Plat of Subdivision. Commissioner Ciula seconded the motion.
ROLL CALL: Ayes: Rowe, Ciula, King, Wasowicz
Nays: None
All were in favor. Motion carried.
Motion: Commissioner King made a combined motion to approve the Findings of Fact and Zoning Map Amendment. Commissioner Ciula seconded the motion.
ROLL CALL: Ayes: Rowe, Ciula, King, Wasowicz
Nays: None
All were in favor. Motion carried.
Motion: Chairman Rowe made a combined motion to approve the Findings of Fact and Preliminary Planned Unit Development with the following code departures: Industrial District Parking Location; Maximum Number of Parking Spaces; Maximum Driveway Width; Driveway Apron Width; and Tree Replacement Standards. Commissioner Ciula seconded the motion.
ROLL CALL: Ayes: Rowe, Ciula, King, Wasowicz
Nays: None
All were in favor. Motion carried.
Report from Community Development:Ms. Fawell reviewed both recent CDC cases along with upcoming cases.
ADJOURNMENT: There being no further business before the Community Development Commission, Commissioner Wasowicz made a motion to adjourn the meeting. Commissioner King seconded the motion.
All were in favor. Motion carried.
The meeting was adjourned at 7:25p.m.
https://www.bensenville.il.us/ArchiveCenter/ViewFile/Item/1974
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