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HomeMy WebLinkAbout04/26/2007 P&Z minutes 09-07 MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ-09-07 Hearing Date: April 26, 2007 PROPERTY ADDRESS: 501 Midway Drive PETITIONER: Niagara Foundation PUBLICATION DATE: April 11, 2007 PIN NUMBERS: 08-23-402-010 REQUEST: Conditional Use - Community Center with a school MEMBERS PRESENT: Arlene Juracek, Chairperson Joseph Donnelly Leo Floros Marlys Haaland Ronald Roberts Richard Rogers ST AFF MEMBERS PRESENT: Judith Connolly, Senior Planner Ellen Divita, Deputy Director of Community Development INTERESTED PARTIES: Serkan Aikan, Stephen Miller Chairperson Arlene Juracek called the meeting to order at 7:30 p.m. Richard Rogers moved to approve the minutes of the March 22, 2007 and April 12, 2007 meetings and Joseph Donnelly seconded the motion. The minutes were approved 6-0 with Mary McCabe abstaining. After hearing two previous cases, Chairperson Juracek introduced Case PZ-09-07, a request for a Conditional Use at 501 Midway Drive, at 9:23 p.m. She stated this case was heard approximately four years ago, however the project was not completed and the Conditional Use permit expired. Judy Connolly, Senior Planner, stated that the Subject Property is located on Midway Drive, a cul-de-sac street on the west side of Elmhurst Road, between Algonquin Road and Oakton Street. The Subject Property contains an existing one-story office/warehouse building with related improvements. The Subject Property is zoned B3 Community Shopping and is bordered to the north and east by the B3 District, and to the south and west by the R4 Multi-Family Residential District. Ms. Connolly said the Petitioner obtained a Conditional Use permit in 2004 to operate a Community Center. However, the improvements were not completed and the Conditional Use permit expired. Since obtaining the Conditional Use permit, the Petitioner has expanded the scope of the project to include a school in the northern portion of the building formerly occupied by db Sound. The Petitioner is required to obtain approval from the Village Board for a new Conditional Use permit for a Community Center and school. Ms. Connolly stated that the Petitioner proposes the Community Center offer the same services and events in the originally approved Conditional Use permit for a Community Center including guest rooms, conference rooms, a gymnasium, a stage, assembly areas, and 3 classrooms. The proposed Community Center would occupy 70% of the building while the proposed school would occupy 30% of the building and include 12 classrooms, 4 labs, and a gym. Arlene Juracek, Chairperson Planning & Zoning Commission Meeting April 26, 2007 PZ-09-07 Page 2 Ms. Connolly said the existing structure does not meet current setback requirements and the site exceeds 75% lot coverage, which is the maximum amount permitted. The Petitioner does not propose to modify the building footprint and the site will retain its legal non-conforming classification. Ms. Connolly stated that the Petitioner agrees to completing landscaping improvements to the site as previously required by Ordinance 5414. Ms. Connolly said the Petitioner's plan indicates the site will provide a total of 217 parking spaces. She said Section 14.2224 of the Zoning Ordinance lists the minimum number of parking spaces required based on how the space will be used. In this case, calculating each use separately, the Petitioner is required to provide 164 parking spaces for the Community Center and 46 spaces for the school. Staff has concerns that a parking deficiency may occur if the scope of services and school enrollment exceed the levels noted in the Petitioner's application. Therefore, the Petitioner offered to submit enrollment lists to the Director of Community Development to document compliance with the Village's parking regulations. Ms. Connolly stated that the Petitioner proposes to make minor modifications to the exterior of the building. Improvements include adding additional exits as required by Village Codes, installing a new canopy over the front entrance, and installing new windows. The Petitioner is required to improve the interior of the building as required by Building and Fire Codes. A complete egress, building, and fire code review would be required at time of permit. Ms. Connolly said the Fire Department reviewed the project and requires one side of Midway Drive as well as the bulb of the cul-de-sac be designated as 'No Parking Fire Lane' and striped per Village Code regulations. In addition, the northern drive will also be a Fire Lane as shown on the attached exhibit. She said Public Works reviewed the project and noted that the previously required site improvements (sanitary service, paving, etc.) were still required. Ms. Connolly stated that the Building and Fire Codes specifically state that in determining design occupant load and means of egress requirements, the number of occupants for whom the means of egress in the facilities must be established is by the largest number computed in accordance with maximum floor area allowance per occupant as outlined by building code. This evaluation of the petition is not a complete building and fire plan compliance review as it relates to egress, occupant load, travel distance, fire-rating, separation or non-separation of mixed uses, common path of travel, accessibility, type of construction required, and allowed areas of construction. She said according to the Building Code, where a building contains two or more occupancies and where they share portions of the same means of egress system, those egress components shall meet the more stringent requirements of all occupancies that are shared. This petition review of use does not release the applicant, petitioner, design professionals, or contractors from specifying, designing, and constructing the project to adhere to all applicable building and fire codes that applicable at the local, state, and federal level. These comments and minor review do not constitute a complete review of the drawings and they are not approved at this time. A complete egress, Building, and Fire code review will be required for compliance with the Village's adopted Codes. Ms. Connolly said the standards for Conditional Uses are listed in the Zoning Ordinance and include seven specific findings that must be made in order to approve a Conditional Use. She summarized these findings as: . 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. Arlene Juracek, Chairperson Planning & Zoning Commission Meeting April 26, 2007 PZ-09-07 Page 3 Ms. Connolly stated that the Subject Property is zoned for commercial use; however, the Zoning Ordinance lists Community Centers as a Conditional Use in the B3 District. The Petitioner is not changing the footprint of the building and proposes minor exterior improvements. Ms. Connolly said the proposed Community Center contains a hybrid of uses, most of which are typically found in a commercial district: performance area, offices, guest rooms/hotel, and exercise facilities. However, the proposed school is a college prep school, offering classes for students in grades Pre-K through 8th grade. The school would operate from 7:30am to 6:30pm, which includes after/before school care. Ms. Connolly stated that the Petitioner submitted information that reflects a quality school, however it would be located in a commercial zoning district. The Village Code permits schools in limited circumstances in almost all residential zoning districts. In addition, the Village's Comprehensive Plan classifies the Subject Property as commercial. Ms. Connolly said the proposed Community Center with a school fails to meet the Conditional Use standards contained in Section l4.203.F.8 of the Zoning Ordinance because the use does not comply with the Village's Comprehensive Plan. She said based on these findings, Staff recommends that the Planning & Zoning Commission deny the following recommendation: "To approve a Conditional Use permit that would allow a 42,614 square foot Community Center and a 18,454 square foot school to operate as noted in the Petitioner's application for the property at 501 Midway Drive, Case Number PZ-09-07." Ms. Connolly stated that the Village Board's decision is final for this case. Chairperson Juracek asked if the Petitioner acquired the additional 18,000 square feet SInce the original Community Center request was heard; Ms. Connolly confirmed that is correct. Richard Rogers stated that the Staff report indicates the improvements were not completed and the permit expired for the Community Center. He asked for clarification on that issue. Ms. Connolly stated that the Village Code requires work for the Conditional Use Permit to be completed within 18 months and the scope of those improvements was not completed. Mr. Rogers asked if the landscaping was completed. Ms. Connolly stated that the landscaping was not completed, and it was required as part of the Conditional Use. Leo Floros asked if the space was being used for offices. Ms. Connolly stated that she believes there is currently limited office use at the location. Chairperson Juracek swore in Serkan Aikan, Vice-President of the Niagara Foundation, and Stephen Miller of DLK Civic Design. Mr. Aikan stated that the project was approved 4 years ago, but funds were not available to complete the project. He stated that the Foundation now has the funding to complete the project and that is why they have brought the Case back to the Commission. He also said the Foundation has a school in Chicago and many of the students reside in the Northwest Suburbs, so there is a demand for them to construct the school in the suburban area. He stated that the Foundation owns the building and is asking the Village for the opportunity to open their school in Mount Prospect. He said they would meet whatever requirements are necessary to open the school as an accessory use. Chairperson Juracek asked if the Foundation is now applying for the entire project including the office space, the Community Center, and the school. Mr. Aikan stated that is correct. Chairperson Juracek asked if absent this Conditional Use, the Foundation would not be able to move forward with the project. Ms. Connolly stated that the office space would be a permitted use, but the Community Center and the school would not be allowed. Arlene Juracek, Chairperson Planning & Zoning Commission Meeting April 26, 2007 PZ-09-07 Page 4 Chairperson Juracek pointed out that the school is the new addition to the request, which Mr. Aikan confirmed. There was general discussion regarding the original request including the office space and Community Center and that the new request now includes the school as an accessory use. Chairperson Juracek stated that this application is for approval of the entire project. Ronald Roberts stated that the packets did not contain any information regarding allowing the Community Center, not the school as an accessory use. Ms. Connolly stated that the Petitioner may not have realized the Conditional Use for the Community Center expired and only included information for the school as an Accessory Use. Mr. Rogers asked why the Petitioner never completed the landscaping. Mr. Aikan stated that there was no specific reason the landscaping was not completed, just that entire project was not completed and they want to finish the project all together. Mr. Rogers asked what the time frame is for completing the entire project. Mr. Aikan said 1 Y2 to 2 years. Chairperson Juracek asked if they have the funding to complete the project. Mr. Aikan confirmed the Foundation has the funds to complete the project. Mr. Rogers stated that the Conditional Use would expire in 18 months and the Petitioner would need to have the work completed. Chairperson Juracek pointed out that the school does not have to be open and in session in 18 months, but that the work on the project would need to be completed. The Petitioner stated that it should not be a problem to complete the work in that time frame. Ronald Roberts asked if they are essentially moving the existing school operations from the city of Chicago to the Mount Prospect location. Mr. Aikan confirmed that is true. Mr. Roberts asked how many students they anticipate at the Mount Prospect location. Mr. Aikan said there are approximately 75 students in Chicago and they would like to have 120-130 students. Mr. Roberts asked if the not-for-profit Foundation raises their money from tuition and how much that tuition is. Mr. Aikan stated that the tuition is currently $5500 per year and if they had 120 students enrolled, the school would fund itself. He stated that the Community Center is funded by their members. Mr. Roberts asked if the school runs year-round; Mr. Aikan confirmed the school does run all year. Mr. Miller stated that there were Staff concerns with the available parking. He said the parking will be sufficient because the school use and the Community Center would not be holding events concurrently. Mr. Rogers asked what the ages of the students are. Mr. Aikan said the school is for Kindergarten through 8th grade. Mr. Rogers pointed out that not many cars would be left at the site during the day. Mr. Miller said the parking requirements are to meet the code. There was general discussion regarding transporting the students. Chairperson Juracek stated that this type of school fits well at this location because the building is set far back from the main street, which is conducive for a designation-type use. Mr. Floros asked if there is a playground for the students. Mr. Aikan stated there is not a playground, but there are several areas inside the school for recreation. There was general discussion regarding the offerings of the school. Mr. Aikan highlighted some of the awards the school has earned. Chairperson Juracek said this would be an asset to the Village and Mr. Roberts concurred. Marlys Haaland stated she was concerned with the traffic counts on Route 83. She asked if there was going to be any lights added to the intersection. Mr. Miller said there is a dedicated turn lane off of Route 83 onto Midway Drive. Mr. Miller pointed out that the building is set back in the cul-de-sac and the students would not be near the traffic, even while waiting for their rides. Mr. Roberts stated he supports this type of project in the commercial area. He asked if they have planned for traffic flows for student drop-off and pick-up. Mr. Miller said this is a very safe area and the required fire lane Arlene Juracek, Chairperson Planning & Zoning Commission Meeting April 26, 2007 PZ-09-07 Page 5 provides easy access to both sides of the parking lots. There was general discussion regarding parking. Mr. Roberts asked if there had been any consideration to adding a playground. Mr. Miller said they may not be able to give up the parking spaces, but as much green-space as possible has been maintained in the project. There was additional discussion regarding the parking lots and water detention. Mr. Rogers stated that his only concern is the Petitioner getting the project completed within 18 months. Mr. Miller stated that the construction itself would not take longer than 18 months, but he said at this point the design is not complete and that requires additional time. Chairperson Juracek asked if the project needs to be complete, or substantially underway in 18 months. Ms. Connolly stated that the project has to be substantially underway within 12 months and completed within 18 months. Mr. Miller asked if there is a way to have a Conditional Use that goes beyond the 18 months. Ms. Connolly stated that a previous case was extended with a Variation, asking for relief from that Code requirement. Mr. Miller said they can work within the 18 month requirement. Mr. Aikan said the project is currently ready to move forward, unlike the last time, and he will work with the 18 month time range. Mr. Rogers pointed out that the time constraint begins at the time of Village Board approval. Mr. Roberts stated that in the past, the Commission has given the OK for a project to move forward and then come back to present the final plans. Ms. Connolly stated that the Petitioner is seeking final approval and the Commission needs to make a recommendation to the Village Board. Mr. Roberts said there are items missing from the packet that would need to be reviewed for the project. Chairperson Juracek stated that many of these items are not for Planning and Zoning consideration and would be reviewed at the time of permit. Mr. Rogers stated that the site is running out of room and may be over-parked. He said if the Petitioner decides to add a playground, they would lose additional parking spaces. Ms. Connolly said the proposed use includes two significant gymnasiums, an auditorium, and over-night guest rooms. All of these uses have specific parking requirements and the code needs to account for maximum usage. Chairperson Juracek stated that the Commission should leave it up to the Petitioner whether or not to provide an outdoor play area. There was general discussion regarding playground and parking usage. Mr. Roberts stated that the site is over 75% lot coverage and that adding a playground or green-space would get them closer to that 75% lot coverage. Chairperson Juracek pointed out that the lot coverage is an existing condition and the Petitioner is not obligated to reduce the lot coverage. There were no additional questions and Chairperson Juracek closed the public hearing at 9:58 p.m. Leo Floros made a motion to approve Case Number PZ-09-07; a Conditional Use request to operate a Community Center including a school at 501 Midway Drive. Ms. Connolly stated that if the Commission moves forward with this recommendation, Staff suggests adding the following conditions for approval: . The project be completed in general compliance with all submitted plans; . All work be completed within 18 months, including sitework and landscaping; . Fire and Building comments regarding the fire lane and egress shall be met; . Enrollment numbers are submitted to the Director of Community Development each school year; and . Developed in compliance with all Village and State regulations. Chairperson Juracek stated that these conditions are fairly standard. Ms. Connolly said one primary concern is the egress. Leo Floros asked if they can approve a timeline greater than 18 months. Chairperson Juracek stated it may be redundant to include the 18 month time limit, since it appears in the Village Code. Ms. Connolly said at a minimum the site work and landscaping would be required to be completed with the rest of the project. Mr. Rogers said the landscape and site work requirement should be a condition of approval. Mr. Floros amended his motion for approval to include the conditions of approval. Marlys Haaland seconded the amended motion. Arlene Juracek, Chairperson Planning & Zoning Commission Meeting April 26, 2007 PZ-09-07 Page 6 UPON ROLL CALL: AYES: Donnelly, Floros, Haaland, Roberts, Rogers, McCabe, Juracek NAYS: None Motion was approved 7-0. After hearing two additional cases and discussing the Zoning Ordinance update, Richard Rogers made a motion to adjourn at 10:48 p.m., seconded by Joseph Donnelly. The motion was approved by a voice vote and the meeting was adjourned. Stacey Dunn, Community Development Administrative Assistant C:\Documenls and Settings\kdewis\Local Seuings\Temporary Internet Files\OLK6B\PZ.09-07 50] Midway doc