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HomeMy WebLinkAbout06/26/2003 P&Z minutes 04-03MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZON~G CO~SSION CASE NO. PZ-04-03 Hearing Date: June 26, 2003 PETITIONER: Robert Hsu, New Asia Foundation 8700 N. LeClaire Ave. Chicago, IL 60077 PROPERTY ADDRESS: 300 E. Rand Rd. PIN #s: 03-34-201-003; 03-34-201-005; 03-34-201-006; 03-34-200-005 PUBLICATION DATE: May 7, 2003 REQUEST: Text Amendment / Map Amendment / Conditional Use / Resubdivision MEMBERS PRESENT: Richard Rogers, Acting Chairperson Merrill Cotten Leo Floros Matthew Sledz MEMBERS ABSENT: Arlene Juracek, Chairperson Joseph Donnelly Keith Youngquist STAFF MEMBERS PRESENT: Judy Connolly, AICP, Senior Planner Michael Jacobs, AICP, Deputy Director of Community Development INTERESTED PARTIES: Jeff Cohen Robert Hsu Warren Kostak Chairperson Richard Rogers called the meeting to order at 7:32 p.m. Matt Sledz made a motion to approve the minutes of the May 22 meeting, seconded by Merrill Cotten. The May meeting minutes were approved 4-0. At 10:05, Mr. Rogers introduced Case No. PZ-04-03, a request for a Text Amendment, a Map Amendment, Conditional Use, and Resubdivision to build a Cultural Center. Mr. Rogers said the Village Board decision would be final for this case. Judy Connolly, Senior Planner, presented the case and said the four subject lots are located on the north side of Rand Road, between Main Street/Route 83 mad Windsor Drive, and was the site of the former Butch McGuire's Bar. She said a fire destroyed the bar in the 1980s and the site has remained undeveloped since the bar was demolished. The subject properties are zoned commercial, three lots are zoned B3 and one lot is zoned B4, and are bordered on the north and west by the B3 district, and residential on the east. Ms. Connolly reported that the petitioner is seeking to construct a Cultural Center. She said the attached exhibits outline the petitioner's plans for the proposed building and detail the proposed activities and hours of operation. The petitioner prepared a definition of a Cultural Center and provisions for a Cultural Center as a Conditional Use in the B3 Zoning District. These Text Amendments would be incorporated into the Village's Zoning Ordinance. She said that as part of the proposal, the petitioner is seeking Conditional Use approval for a Cultural Center at 300 E. Rand Road, rezoning the lots so they are all zoned B3, and consolidating the site so it is one-lot of record. She said that the petitioner has since amended the application and withdrawn the text amendments. Planning & Zoning Commission PZ-04-03 Arlene Juracek, Chairperson Page 2 Ms. Connolly said that the subject properties consist of four lots of record and three of the lots have the same zoning classification. As part of the proposal, the petitioner is seeking to rezone the fourth lot so all the lots have the same zoning classification. Ms. Connolly reported that in order to approve the rezoning, the request must meet the standards listed in the Zoning Ordinance for a Map Amendment. She summarized the standards and said that the subject property is adjacent to existing single-family residences to the east and commercial properties to the west. She said that three of the four lots are currently zoned B3 Community Shopping and that rezoning the fourth lot from B4 Business Retail & Service, which is a commercial district, to B3 would be in keeping with the surrounding area. The proposal meets the standards for a Map Amendment because it is compatible with existing properties within the general area of the subject property. She said that the proposal is consistent with the general development trend and meets the Village's Comprehensive Plan requirements. Ms. Connolly reiterated that the petitioner withdrew the proposed Text Amendments and clarified the reasoning behind that decision. She said that based on the information presented by the petitioner and further review of the uses already listed in the B3 district, staff determined that the proposal was a hybrid of uses currently found in the Village's Zoning Ordinance and that the proposed Text Amendments were not necessary. She said that the petitioner's description of the center and activities offered at the center includes elements of a club/lodge and educational services, which are permitted uses in the B3 district. However, the intensity of the primary activities such as guest speakers, seminars, guest room/green room, and use of the auditorium are more in keeping with a Community Center, which is a conditional use in the B3 district. Consequently, the proposal should be reviewed as a Conditional Use request for a Community Center. Ms. Connolly said that the petitioner proposes to operate a not-for-profit center that will provide cultural and educational programs, feature guest speakers, offer artistic performances, and include office space and a guest room. The hours of operation will vary, but will not extend past 11:00 pm on Saturdays. She said that the proposed Community Center will comply with zoning regulations and that the petitioner is not seeking relief from Zoning Ordinance regulations. The petitioner's site plan indicates that the development will include a 2-story brick building. She said that the building meets the applicable setbacks and that the site meets zoning bulk regulations. Vehicles will enter and exit the site fi'om Rand Road only and the site cannot be accessed from Kensington Road. She said that the petitioner's plan indicates the site will provide 116 parking spaces although the Zoning Ordinance requires a total of 98 spaces for the proposed development. Ms. Connolly reported that the proposed two-story building will be constructed of brick and stone materials. The hip roof will include a gable and be constructed of asphalt shingles. The building will be constructed according to all Village Codes and meet the necessary life safety codes. The petitioner recently incorporated a partial basement into the design. The basement area will be used for storage and mechanical equipment. The size of the basement has been scaled back to 2,450 square feet since the staff report was written. Ms. Connolly said that other departments had concerns that the site could only be accessed from Rand Road. Therefore, staff recommends providing access to/from Kensington in addition to the proposed Rand Road access. In order to deter cut-thru traffic, staff recommends that the petitioner install a barrier gate by the Kensington Road entrance that has an opti-com device to allow emergency vehicles access when the gates are closed. In addition, staff recommends that the gate be closed at all times except when the overflow parking area, which is the northern section of the lot, is in use. Also, the entrances should include the appropriate 'No Thru Traffic' signage. The Engineering Division noted that the plans show the detention pond draining through a flared end section discharging at grade near the west property line. She said that it is unclear how the area receiving this discharge from Planning & Zoning Commission PZ-04-03 Arlene Juracek, Chairperson Page 3 the pond will drain. Therefore, calculations will have to be provided verifying the required and proposed volumes and all overland flow paths will have to be indicated on the plans. Ms. Connolly reported that in order to approve the proposed Community Center the request must meet the Conditional Use Standards listed in the Zoning Ordinance. She summarized the standards and noted that the subject properties are zoned for commercial use. However, the Zoning Ordinance lists Community Centers as a Conditional Use in the B3 Zoning District. She said that the site complies with Zoning Bulk Regulations and provides more parking spaces than are required by the Zoning Ordinance. The building materials and design of the building, especially the hip roof with a gable would be in keeping with the adjacent residential neighborhood. Ms. Connolly said that the proposed Community Center is required to be constructed according to Village Codes and that the petitioner has agreed to meet all Engineering requirements. She said that limiting the intensity of the proposed activities to the hours listed on the petitioner's application should minimize the impact of the development on the adjacent properties. The petitioner seeks to create one lot of record by subdividing the subject properties and consolidating the site to one- lot of record. She said that the proposed plat is part of the petitioner's zoning request and was prepared in accordance with the Development Code requirements. The petitioner is not seeking relief from the Development Code regulations and the Engineering Division has approved the plat. Ms. Connolly said that the petitioner is required to obtain signatures from the appropriate utility companies and interested parties before the Village Board may approve the plat. She said that the proposed Community Center meets the Conditional Use standards listed in the Zoning Ordinance, subject to complying with the following conditions: Submit a photometric (lighting) plan that indicates the parking lot and building lights will not spill or glare Onto the adjacent residential properties; The hours of operation shall be limited to 9am - 9pm Monday - Friday, 9am - 11:00 pm on Satin-day, and 9am ~ 8:00 pm Sunday; Guest speaker events are limited to two (2) Sundays a month; Events and activities shall not deviate from those listed in the petitioner's application: a. Cultural and educational programs for the suburban area's diverse ethnic population; b. Auditorium will feature performance artists (dance, music, opera) guest speakers, seminars and video conferences; c. Guest room will be used by visiting artists and speakers only; The site will be developed in accordance with the landscape plan, floor plan, and elevations prepared by Kostak Associates, P.C., dated May 14, 2003 but revised to reflect full access to/from the site from Rand Road and Kensington Road with a barrier gate located by the Kensington entrance that is equipped with opti-com equipment; The Kensington Road gate shall remain closed at all times except when the overflow parking area is in use; Provide calculations that verify the required and proposed storm water detention volumes and indicate all overland flow paths on the Engineering plans; Complete the subdivision process; The development shall meet all Development, Fire, Building, and other Village Codes and regulations; Based on these findings, Staff recommends that the Planning & Zoning Commission make a recommendation to the Village Board to approve a Map Amendment and Conditional Use for a Community Center for the property at 300 E. Rand Road, PZ-04-03 and the proposed plat subject to obtaining all signatures. She said that the Village Board's decision is final for this case. Richard Rogers noted that the storm water detention had been revised and asked if the new drawings had been reviewed by Engineering. Ms. Connolly said Engineering had reviewed the plans and said that the petitioner is aware Planning & Zoning Commission PZ-04-03 Arlene Juracek, Chairperson Page 4 of the requirements, but has not finalized the design. Mr. Floros asked how long this project had been on the drawing boar& Ms. Connolly said staff has been working with the petitioner for several months. Warren Kostak, 55 E. Euclid, Ste. 430, Mount Prospect; Jeff Cohen, 11 E. Schaumburg Road, Schaumburg; Robert Hsu, 8700 N. LeClaim Ave., Skokie; were sworn in. Mr. Kostak said the staff report was quite complete and thanked Ms. Connolly for all the time spent with their project. He said detention would be underground and discharged into sewers on Garwood. He said Engineering was aware of the proposed design and had approved the concept. He wanted to be brief so as to allow audience members to voice their opinions. Mr. Kostak said the proposed fence along the east lot line would be 6' high and made of solid, treated wood. It would run most of the eastern property line and match the existing fence at the corner of Rand Road. Mr. Rogers asked if the petitioner was aware of the nine conditions listed in the Staff Report and asked if they agreed to them. Mr. Kostak said they were aware of the conditions and agreed to them. Mr. Floros asked for a detailed explanation of the Cultural Center. Mr. Kostak said it is a multi-type, membership, Community Center with lectures, educational, cultural and "business" social activities. Mr. Hsu said there might be an occasional wedding, but no alcoholic beverages would be served. Mr. Rogers asked for questions from the audience. Ms. Connolly said she had a list of questions that had been submitted to staff by the neighbors earlier in the day. She said that she had been in contact with Engineering regarding the neighbors' questions about storm water detention. Engineering said final plans had not been submitted, but all drainage codes must be met and runoff must be managed so it does not exceed the current rate. She said that the p'etitioner is allowed to maintain the rate and direction of runoff, but when the amount of impervious surface is changed, runoff may increase and that steps will need to be taken to ensure increased runoff does not occur. Mr. Rogers said water retention and restrictors would need to be in place and Mr. Kostak said that they would do underground detention and store water there and slowly release it into the storm sewer. Fred Bierman, 410 Garwood, was sworn in. He stated that his wife and sister-in-law own two acres zoned R-X with 400' of frontage on Kensington, adjacent to the north section of the subject property. He stated they are in there 80s and will probably sell the property to developers in the near future. He thanked Ms. Connolly for sharing the information on this case. Mr. Bierman said it was a mistake to direct runoff to Garwood and that it should be diverted to Kensington where there are no residences. He also requested assurance in writing that access to or from Garwood will not occur. Jeff Lee, 700 N. Windsor Drive, was sworn in and said their concerns were regarding Windsor Drive and the fence anticipated for this project. He said there had been no survey done before the petitioner had trees removed and many trees were removed from neighbors' property before being stopped by John Flagler. They are concerned about the quality of the proposed fence and connections to present fences. He also has water problems and thinks they will get worse with this project. Mr. Rogers said the petitioners would be required to retain storm water on their property and not flood the neighbors' sewers. Mr. Rogers said that, at present, any rain falling on that property does runoff onto the neighboring properties. Warren Kostak also confirmed the water runoff situation might not be better after the center is built but it ~vould not be worse. Mr. Kostak said they would meet with neighbors before the fence is erected to determine how connections should be made with other fences. He said he did not think there was a storm sewer on Kensington to hook-up to, but they would consider the possibility. Regarding the removal of trees, Mr. Kostak said they would plot the property, talk to the neighbors, and replace their missing trees. Marty Krumstadt, 701 N. Windsor Drive, was sworn in and stated he had heard the subject property was owned by IDOT and would be an access road. Mr. Rogers said he was unable to speculate what IDOT had planned for the area Planning & Zoning Commission PZ-04-03 Arlene Juracek, Chairperson Page 5 and could only address the case up for review. Mr. Krumstadt was also concerned this project would increase their water problems. Mr. Rogers reiterated that past flooding will not be eliminated, but could be improved by this project. Mr. Krumstadt asked for assurance that Garwood would not be opened as an access road. Ms. Connolly clarified that petitioners would need to request an amendment to the Conditional Use if they wanted to provide access to/from Garwood because it would be deviating from the adopted site plan, and that it would require a public hearing. Mr. Krumstadt also voiced his concerns about traffic tie-ups when the Cultural Center has a function. Michael Jacobs interjected that traffic patterns had been analyzed by Planning and Engineering staff for this project and it was determined that the proposed plan would be the best fit for all concerned. Paul Stonez, 606 N. Windsor Drive, was sworn in and testified that the back of his property abuts with the subject property. He has 150' of cedar fence with 3 parallel supports, which would cost $2,500-3,000 to replace. He does not want to "lose" that fence since it is in very good shape. The fence is 3' into his property and he would want any lawn disrupted by the project's fence to be replaced. He also voiced concern over lighting. He said many of the neighbors' bedrooms will be facing the parking lot and does not want problems with excess light. He also felt that the center's parking would not be convenient and many attendees would find it more convenient to park in their streets for easier exit at the end of functions. Mr. Stonez stated that the signs prohibiting parking, which had been erected when the bar was in the neighborhood, were recently removed and that he wanted those signs replaced. Mr. Rogers closed the public hearing at 10:50. Matt Sledz said they had heard some very valid concerns shared with them by the residents and said that the concerns should be addressed in the motion. Mr. Rogers said landscaping concerns should also be included and Mr. Sledz agreed, and emphasized replacing landscaping on the neighbors' property. Merrill Cotten added that he wanted lighting addressed as part of the motion, too. Ms. Connolly asked for clarification on the wording for the conditions to be added for approval of this project. Mr. Rogers said communication must exist between neighbors and the developer on all these points. Mr. Sledz said residents should not have responsibility of replacing anything and that the onus of replacing landscaping, connecting fences, etc., should be on the developers of the project. Mr. Kostak said Mr. Hsu would replace the entire fence. Mr. Stonez came forward again and said a petition the neighbors had signed for the proposed Cultural Center had been taken out of context and asked that residents be given a date before the fence is removed and replaced. Mr. Jacobs suggested using the word "restore" rather than "replace" or "reforest" regarding landscaping. Mr. Rogers agreed. Mr. Floros reminded residents that this project would be a great improvement over previous uses, which had caused many problems for the area and the Village. Mr. Rogers concurred, but stated that he was disappointed that trees had been removed indiscriminately. He also suggested wording "there will be no entrance to this property from Garwood" for the conditions. Ms. Connolly reviewed with the Commission the wording for the proposed conditions. Leo Floros made a motion to recommend that the Village Board approve the requested Conditional Use, with all the conditions listed in the Staff Report and the following additional conditions: 10. Restoration of areas that are disturbed by the installation of the fence along the east lot line and replacement of trees inadvertently removed as part of the site clean-up with comparable trees and landscaping; 1 L : Prior to Village Board review, provide fence details and documentation that neighbors concur with fence specifications regarding the proposed fence material and connections to existing fences; lanning & Zoning Commission PZ-04-03 Arlene Juracek, Chairperson Page 6 12. No entrance from the Subject Property to Garwood. for Case No. PZ-04-03,300 E. Rand Road. Matt Sledz seconded the motion. UPON ROLLCALL: Motion approved 4-0. Village Board decision final. AYES: Cotten, Floros, Rogers, and Sledz, NAYS: None Leo Floros made a motion to recommend that Village Board approve the requested Map Amendment to rezone one of the Subject Lots from B-4 to B-3 for Case No. PZ-04-03, 300 E. Rand Road. Matt Sledz seconded the motion. UPON ROLL CALL: Motion approved 4-0. Village Board decision final. AYES: Cotten, Floros, Rogers, and Sledz, NAYS: None Leo Floros made a motion to recommend that Village Board approve the requested Resubdivision to consolidate the property into one lot of record for Case No. PZ-04-03,300 E. Rand Road subject to obtaining the required signatures. Matt Sledz seconded the motion. UPON ROLL CALL: Motion approved 4-0. Village Board decision final. AYES: Cotten, Floros, Rogers, and Sledz, NAYS: None At 11:40 p.m, Matt Sledz made motion to adjourn, seconded by Leo Floros. The motion was approved by a voice vote and the meeting was adjourned. Barbara Swiatek, Planning Secretary J{id3 Connolly, jylCP, Senior Planner-~_.._._._ .