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HomeMy WebLinkAbout09/25/2003 P&Z minutes 36-03MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ-36-03 Hearing Date: September 25, 2003 PETITIONER: Christopher Demanski 1699 Wall Street Suite 105 PUBLICATION DATE: September 10, 2003 PIN #: 08-23-203-023-0000 REQUEST: Conditional Use for a day care facility MEMBERS PRESENT: Arlene Juracek, Chairperson Merrilll Cotten Joseph Donnetly Richard Rogers Matthew Sledz Keith Youngquist MEMBERS ABSENT: Leo Floros STAFF MEMBERS PRESENT: Michael Jacobs, AICP, Deputy Director of Community Development Judy Connolly, AICP, Senior Planner INTERESTED PARTIES: Christopher Demanski Harvey Alter Chairperson Arlene Juracek called the meeting to order at 7:34 p.m. Merrilll Cotten made a motion to approve the minutes of the August 28 meeting, seconded by Keith Youngquist. The August meeting minutes were approved 6-0. At 7:52 pm, after hearing another case, Ms. Juracek introduced Case No. PZ-36-03, a request to operate a day care facility. She said that the Village Board's decision would be final for this case. Judy Connolly, Senior Planner, presented the case. She said that the Subject Property is located on the east side of Wall Street in the Lake Center Park, and contains a commercial building with related improvements. The Subject ProPerty is zoned B3 Community Shopping and is a Planned Unit Development, which is bordered by the R4 Multi- Family Development zoning district to the north, I1 Limited Industrial zoning district to the west, and B3 to the south and east. She said that the multi-story office building was constructed approximately 20 years ago and contains a variety of existing tenants ranging from attorneys to general office. Currently, the building has a 22% vacancy rate. Ms. Connolly reviewed the Petitioner's plans for the proposed day care and summarized information included in the application. She said that Kiddie Corps is an independently owned and operated day care facility for children ranging in age from six months to 8 years old. The facility would occupy ground floor suites and it is primarily intended to serve the children of people who work in the office building, but it is open to other children as well. Ms. Connolly said that daily activities would vary and would depend on the child's age and include, but are not limited to indoor and outdoor physical and mental activities such as arts and crafts, reading, computer learning, motor skill development, and cognitive development. She said that food service will be provided and that the facility would need approval from the Department of Children & Family Services (DCFS) once the Village has approved the zoning request. She added that DCFS regulates the number of employees required to supervise children in addition to having specific requirements for recreational areas. Ms. Connolly said that the Subject Property contains sufficient parking to meet the Village's requirements. She noted that a detailed break down of the uses and the code requirements was included in the staff report, but summarized the findings and stated that when the building would be 100% occupied, the site and proposed use would meet the Planning & Zoning Commission PZ-36-03 Arlene Juracek, Chairperson Page 2 Village's parking requirements. She said that parents would park their cars in the parking lot and walk their children to the day care facility and sign them in inside the building. Re'gardless of whether the parents would work in the building, the site complies with parking regulations. Ms. Connolly then reviewed the Day Care Operations and Content Regulations as they pertained to the Village's Zoning Ordinance. She said that the Village does not have operational requirements for daycare uses, but that the Petitioner is required to meet specific DCFS regulations. The Petitioner's application included excerpts from DCFS's consultation visit and it outlined specific requirements and necessary improvements for a daycare facility at this location. She said that it is important to note that the Petitioner is required to follow State regulations, which will be enforced by the appropriate State agency and that the DCFS requirements include regulations pertaining to play areas, providing food service, and program content. She said that these regulations are based on the length of the child's stay at the facility. Ms. Connolly said that the Petitioner proposes to provide outdoor activities on-site. She said that the plans presented are conceptual and would be required to meet DCFS regulations. She said that staff learned after the staff report was prepared and sent to the P&Z that there is a different owner of the !and, who would need to approve the outdoor play area. She said that one entity owns the building and another owns the actual land. Ms. Connolly summarized comments from other departments. She said that the proposed facility would require some modifications to the interior of the building in order to comply with the National Life Safety Code and the BOCA Building Code. An egress evaluation for the proposed daycare center is required because the building was not originally designed for a daycare facility. In addition, a fire alarm system must be provided in accordance with the Village's Fire Prevention Code regulations. She said that while these items are specific Building Permit issues, Staff believes it is important to note them prior to proceeding with the building permit process. It should be noted that the proposed use and related building improvements would be subject to all applicable Village regulations. Ms. Connolly reviewed the standards for Conditional Uses listed in the Zoning Ordinance and the specific findings that must be made in order to approve a Conditional Use. She said that the Petitioner is required to meet all DCFS regulations and obtain building permits for all improvements related to operating the proposed daycare facility. The site meets parking requirements and the proposed use would be located in an office park, where employees would be given the option of having their children attend the facility. The use would not have a detrimental impact on the public health, safety or general welfare. The day care would not adversely affect the character of the surrounding neighborhood, or utility provision and it would be in compliance with the Village's Comprehensive Plan and Zoning Ordinance. Ms. Connolly said that based on these findings, Staff recommends that the Planning & Zoning Commission make a recommendation to the Village Board to approve a Conditional Use for a day care facility at 1699 Wall Street, Case No. PZ-36-03 subject to the following conditions: 1) The Petitioner is required to provide written documentation of DCFS approval prior to obtaining a Certificate of Occupancy; 2) The Village reserves the right to review any traffic related matters created by the use and require any necessary measures needed to address them; and 3) Prior to Village Board review, the Petitioner shall finalize all design issues and obtain the necessary approvals from all property owners. She added that Village Board's decision is final for this case. Ms. Juracek asked the Commissioners if they had questions for Staff. Merrill Cotten asked whether the drive-thru bank was still in operation and what impact the day care facility would have on the bank customers. Ms. Connolly Planning & Zoning Commission PZ~36-03 Arlene Juracek, Chairperson Page 3 said that the drive-thru is not in operation now, and if it were to re-open that the bank (Petitioner) would have to go through the Conditional Use process because drive-thru facilities require Conditional Use approval. She said that during that review, any conflicts or hazards with other uses in the area would be identified and has to be resolved before the P&Z and Village Board could approve the request. There was discussion on the outdoor play area and Ms. Connolly clarified that the Petitioner presented a concept plan for zoning review. She said that all plans and drawings would have to be detailed and finalized as part of the Building Permit in addition to having the appropriate property owners' approval. Christopher Demanski, 1699 Wall Street Suite 105, was sworn in. He said that, after talking with other people who work in the Wall Street building, he decided that there was a need to open an on-site day care facility. He described th~ day care operations, stated that he had interviewed candidates to operate the facility, and noted that the facility would open at almost at 100% capacity because so many employees were interested in having their children attend the facility. Richard Rogers asked Mr. Demanski questions regarding the outdoor play area. Mr. Demanski stated that the Department of Children & Family Services conducted a consultation visit and had identified the play area he indicated on the submitted site plan. He said the play area would be designed according to the applicable codes. Ms. Juracek asked about the program offered for the older children. Mr. Demanski said that the older children would attend an after school care program. He confirmed that the day care would not provide transportation to/from the facility and that it would be the parents' responsibility to get the children to the facility. Merrill Cotten asked if the day care would be open to children whose parents did not work in the Wall Street building. Mr. Demanski said that it would be open to ali children and added that he had enough interest now from Wall Street building employees so the facility would be at capacity, which is 25 children. Keith Youngquist asked what improvements needed to be made to the building to meet Village and DCFS regulations. Mr. Demanski said that some walls had to be removed, install a fence around the play area, and plumbing improvements. He said that an on-site caterer would handle the food service. Mr. Rogers stated that the level of detail for the play area and the application in general was not sufficient for him to make a positive recommendation to the Village Board. He said that he agreed with the concept of opening a day care in the Wall Street building, but that he could not support the request at this time and suggested that the Petitioner provide the P&Z with more detailed information. Matt Sledz stated that the day care was appropriate use and that the facility would be required to meet DCFS regulations prior to opening and obtaining a Certificate of Occupancy from the Village. Chairperson Juracek asked if anyone in the audience wanted to address the Planning & Zoning Commission about this case. Harvey Alter, 1980 Springer Drive, Lombard, IL, was sworn in. He said that he represents the association that owns the land the play area would be located upon as well as the drop-off/pick-up area. Mr. Alter said that the association had concerns about the safety of locating a play area close to a retention pond. Also, fencing it in as required by code could create maintenance issues due to the bridge that is located in the area. Mr. Alter said that the existing loading dock conflicts with the anticipated activity related to the day care facility, and that the building was not designed to include a drop-off area. Mr. Demanski clarified that the outdoor play area would be not located in close proximity to the bridge and would not create maintenance issues. He added that he was not aware that there was separate ownership for the land. lanning & Zoning Commission PZ-36-03 Arlene Juracek, Chairperson Page 4 Ms. Juracek said that the drawings are not detailed enough to determine the correct location of the play area and its proximity to the bridge. She suggested that the Petitioner finalize the details with the landowner association and prepare more detailed drawings for the P&Z to consider at its next meeting. There was discussion regarding using Mr. Alter's plat of survey of the site to better identify the play area. that the Petitioner identify alternate locations for the play area, and provide details on the drop-offarea. Joseph Donnelly made a motion to continue the requested Conditional Use to operate a day care facility at 1699 Wall Street, Case No. PZ-36-03, until October 23, 2003 at which time the Petitioner shall have finalized the details of the outdoor play area with the property owner in addition to providing specific information regarding the drop-off/pick-up area. Richard Rogers seconded the motion. UPON ROLL CALL: AYES: Cotten, Donnelly, Rogers, Sledz, Youngquist and Juracek NAYS: None Motion was approved 6-0. At 8:35 p.m, after hearing one more case, Richard Rogers made motion to adjourn, seconded by Keith Youngquist. The motion was approved by a voice vote and the meeting was adjourned. Michael Ja,~os, AICP Deputy Dikector Community Development J~ (~onnol~, P~'CII6, ~;enior Planner H \PLAN\Planning & Zoning COMM~P&Z 2003xJVIinules~UZ-36-03 1699 Wall Street doc