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HomeMy WebLinkAbout01/23/2003 P&Z minutes 42-02MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ-42-02 Hearing Date: January 23, 2003 PETITIONER: Colleen & Michael Moreno 1300 Lama Lane Mount Prospect, IL 60056 PROPERTY ADDRESS: 1150 W. Northwest Hwy. PARCEL NUMBER: 03-33-406-011 & 03-33-406-012 PUBLICATION DATE: January8, 2003 REQUEST: Conditional Use (Day Care Center) MEMBERS PRESENT: Merrill Cotten Joseph Donnelly Leo Floros Matthew Sledz Keith Youngquist Richard Rogers, Vice Chairperson MEMBERS ABSENT: Arlene Juracek, Chairperson STAFF MEMBERS PRESENT: Judy Connolly, AICP, Senior Planner Michael Jacobs, AICP, Deputy Director of Community Development INTERESTED PARTIES: Colleen & Michael Moreno Bob & Barbara Sabaj Mia Rhee Vice Chairperson Richard Rogers called the meeting to order at 7:30 p.m. Joseph Donnelly made a motion to approve the minutes of the November 21 meeting, seconded by Keith Youngquist. The November meeting minutes were approved 5-0, with one abstention by Joseph Donnelly. At 8:00, after hearing three cases, Mr. Rogers introduced Case No. PZ-42-02, a request for Conditional Use approval to operate a child day care facility and said the case would be Zoning Board final. Judy Connolly, Senior Planner, said the subject property is located by the intersection of Northwest Highway and Evanston. She said that it contains a commercial building with related improvements. The subject property is zoned B1 Office and is bordered by Multi-Family District, Office, and Single Family: The proposed daycare facility would be located in the BI zoning district. Ms. Connolly said that daycare is listed as a conditional use in this district. She summarized the petitioner's proposal and said that it is a preschool environment for 3, 4 and 5 year old children; the facility would occupy the east end of the ne~vly constructed building; the maximum capacity is 50 clients. She said that this number was arrived at using the Department of Children & Family Services (DCFS) regulations. However, enrollment for September 2003 is expected to be 20 children per session; there would be a morning and afternoon session; when enrollment reaches 30 children, a staggered session schedule would be implemented; each child is required to be signed in and out by their parent or guardian; and the staff will assign and manage the arrival and departure times. Ms. Connolly said the petitioner notes in the application that the 30-minute arrival and departure windows will be divided into ten-minute intervals. Children will be assigned to one of the arrival and depara~re intervals. As enrollment grows, the arrival/departure plan will be adjusted by increasing the number of children scheduled in each Planning & Zoning Commission PZ-42-02 Arlene Juracek, Chairperson Page 2 ten-minute interval. The newly constructed commercial building on the subject property meets ali Village zoning bulk regulations. In addition, the proposed day care and financial planner, which is the other tenant, meet the Village's parking requirements. There are 24 spaces on-site, which meets the parking requirement: For the proposed daycare, the Village requires 1 space per employee plus 1 space per 10 children. Based on a maximum enrollment of 50 children this requires 5 spaces. Also, with a staff of 8 employees, which is based on a class composition of 25 3-year olds and 25 4&5 year olds, the daycare facility would require a total of 13 parking spaces. The remaining portion of the building will be occupied by a general office use. She said their parking requirement is based on the square footage, which is 4 spaces per 1,000 square feet office space. Therefore they need 11 parking spaces. Ms. Connolly said that the daycare's parking requirement and financial planner's parking requirement totaled 24 spaces, which is the number provided on-site. She said that although the parking situation meets code regulations, Staff has concerns regarding the drop-off/pick-up. It appears that the underground parking will be adequate for long-term and staff parking, but may be awkward during high traffic periods. Staff anticipates parents would avoid parking in this area, preferring to park along Northwest Highway or Evanston Avenue. Evanston Avenue is the sole access to several single-family residences, as well as the primary access for the condos on the west side of Evanston Avenue. Because of the number of driveways along Evanston Avenue, there is little parking space available and the increased traffic along Evanston Avenue may create traffic congestion problems for the residents in the area. Ms. Connolly presented staff's expectation that the on street parking available along Northwest Highway may become a short-term parking lane. She said that since parents are required to accompany their children to the daycare facility, it is feasible for parents to park on Northwest High~vay, walk their child to the daycare center, and sign them in. The parking turnover rate would be rapid and this 'de-facto' drop-off lane along Northwest Highway could accommodate 8 vehicles, which would help to relieve some of the potential congestion on Evanston. Using the maximum capacity of 50 children per session as the most intense usage scenario: 16 or 17 children would be dropped off every 10-minutes for 30-minutes. She said that including on-site and on-street parking, 16 vehicles could be accommodated at one time; however, the design will work if the clients comply with the assigned drop-off/pick-up time. Ms. Connolly said that the Village's Zoning Ordinance does not have operational requirements for daycare uses. However, the petitioner is required to follow state regulations, which are enforced by the appropriate state agency. She said that state regulations pertain to play areas, providing food service, and program content; ali of ~vhich are based on the length of the child's stay at the facility. Ms. Cormolly said other departments reviewed the project and found that the interior of the building must be modified to comply with the National Life Safety Code and the BOCA Building Code for daycare centers. She said that this might entail installing a fire detection system and modifying a means of exit. Technically this is a building pernait issue, but it is important to note so as to eliminate any potential confusion. Ms. Connolly read the Standards for Conditional Uses as listed in the Zoning Ordinance and said that the proposed use would not have a detrimental impact on the public health, safety or general welfare. She said that the use 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. However, the proposed location of the use is a concern because Evanston Avenue is a cul-de- sac. There is only one means of ingress/egress for the parking lot, and while the parking lot complies with Village Codes, the garage design is tight for a high turnover of vehicles. Including on-street parking with the drop-off/pick-up design would help to alleviate potential congestion on Evanston Avenue. Ms. Connolly said that the proposed use meets the conditional use standards listed in the Zoning Ordinance. However, the drop-off/pick-up design is a concern because it has the potential to adversely impact the residential neighborhood. 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 daycare center at 1150 W. Northwest Highway, Case No. PZ-42-02 subject to the following conditions: 1) The petitioner must have staggered start times and drop-off/pick-up times and at no time shall the maximum number of clients dropping-off/picking up exceed 17 ch/ldren per 'slot'; Planning & Zoning Commission PZ-42-02 Arlene Juracek, Chairperson Page 3 2) 3) 4) 5) The session times (start/end times) shall not significantly deviate from the hours noted in the Petitioner's attached exhibit titled, "Arrival & Departure Plan"; The Petitioner must enforce the assigned drop-off/pick-up times; noncompliant clients shall have their contracts with the daycare center terminated; The Petitioner shall not have an 'age- ratio' of students that would require more than 8 staff, i.e. 50 3-year old children; The Village reserves the right to review any traffic related matters created by the use and require any necessary measures needed to address them. The Village Board's decision is final for this case. Michael Moreno was sworn in. He said he resides at 1300 Lama Lane with his wife and five children. He said they were proposing a pre-school, not day care, at 1150 W. Northwest Highway and would operate with just two sessions per day, 9:00 a.m. to 12:00 noon and 1:00 p.m. to 4:00. The parents would be assigned a specific ten-minute window in ~vhich to drop-off and pick-up their children. To operate a day care would require and early a.m. start and late p.m. finish, with the majority of children being dropped-off and picked-up at the same time. He said the State of Illinois would make pre-school mandatory for all public school attendees in the near future. Mr. Thomas Olson, 1534 RFD, Long Grove, IL, was sworn in. He is the owner of the building and said the parking at his building would be adequate for this use. Barbara Sabaj was s~vom in. She said she is the Treasurer of the Northwest Meadows Association, and lives at 213 Evanston. She said that she was speaking for Nancy Fritz, President of the same association, who lives at 103 Mac Arthur Drive. She said she had mad over the proposal for the String of Pearls Program proposal that would be located on a comer of the Northwest Meadows Subdivision with borders of Evanston/Dale, Northwest Highway, Forest, and Highland. The neighbors along Evanston asked the subdivision association to review the papers and get involved. Ms. Sabaj said that questions have also been raised by individuals on Dale and Isabella. Ms. Sabaj read the neighbors' concerns. 1. Operation of the center is listed as 7 a.m. to 6 p.m.. Reality is that people and traffic will be there fi.om 6:30 a.m. to 6:30 p.m. as staff readies for the day and cleans after. 2. Times of arrival and departures: A 30-minute time frame is being proposed. A staggered time schedule is proposed when the center reaches its maximum numbers. Ms. Sabaj said this is a no-win situation either way. The proposal is for 50 cars; perhaps 45 if more than one student is in a family, four times a day or more depending on how many sessions are set. If the schedule were 2 per day, 9-12, 1-3, it would be more than 200 cars. Ifa third session were set for 3-6, there would be 300 cars. Even staggered, these are overwhelming numbers. Blocks of 30 minutes 4 to 6 times a day would interfere with access to a cul-de-sac road with only one entrance/exit which already accommodates 4 homes and a condominium complex. Staggered times mean that there is constant traffic on a small street not designed for this traffic load. 3. Ms. Sabaj said traffic numbers are a concern. If cars are half from east and half fi.om the west on Northwest Highway, without a mm lane, traffic will be backed up fi.om the west as 25 cars wait to enter the cul-de-sac. Ms. Sabaj said it would be worst at 9 a.m. and 6 p.m. when entry is already difficult. She said that going west, parents would be backed up turning in and/or using the small parking area directly in front of the building. Ms. Sabaj feels the parents will impact the adjacent building's parking area as they try to avoid the crunch of traffic and parking and may mm in on Dale and drive through the parking lot to drop off children. 4. The parking area under the building has limited area for drop off and has no drive though concept. Parents will need to park in a straight parking spot, not an angle. If there are cars going east in the lot, cars must park before a Planning & Zoning Commission PZ42-02 Arlene Juracek, Chairperson Page 4 single car can back out of a spot to exit. She said there is minimal maneuvering space and small children in the area will create a hazard. 5. The proposal lists 18 spots available. Assuming a minimum of 5 staffpersons, this reduces the availability to only 13 spots for parents. She said that, at a maximum capacity of 50 students per session, the numbers don't work. 6. Ms. Sabaj questioned planning for a total program. Before/after school programs are being considered. Will these require minivans owned and parked permanently at the building to transport children to the schools in the area? If these programs are instituted, then the DCFS requirements for food/outdoor playgrounds/etc, will need to be looked into in further detail. 7. The proposal is for a September through June calendar year. Ms. Sabaj said it is hard to believe a for-profit business will pay rent on a building for 2 months and mothball the building. They suggest that summer programs may be added in the future. Again, the impact continues on the neighborhood. 8. Concerns are also raised regarding the use of the park. Access to the park is down the sidewalks in front of 3 homes. In front of the 4th home, there is no sidewalk so students will need to walk on the street that is the entrance to the condominium parking to access the park. Then they need to ~valk through the hedges that delhieate the property lines into the park. That park currently has no playground equipment and is not fenced. As proposed for one adult per 5 to 10 toddlers, it is a very large area to supervise safely for students. The fields are designed for baseball fields. There is also a practice football field that is also used for soccer practice fall and spring seasons. The high school uses it for their baseball clinics all summer long. If the day care plans to use it on a regular basis, they will need to work out permit agreements and schedules with the current park district schedules. 9. An additional concern is the refuse pick up schedule. Originally residents were told it would be cans. The increase of refuse as generated by a preschool is a concern. Will there be dumpsters? Will pick ups be by a truck? How often? How will it impact the residents? As you can see, there are many issues to be addressed. There will be a definite impact on the area to have a day care/preschool on the site rather than the office building that was originally zoned and built. Offices have a smaller impact on the area. There are limited hours of operation: staff antry and exit, individual clients on a staggered basis. There is limited refuse, mostly paper. Ms. Sabaj said that, looking at the overall plan, she really doesn't see the conditional use as a preschool being a good match for the residents in the area. Traffic concerns, parking, and the number of cars whan the center reaches its maximum design, will all have a negative impact. It will be "injurious to the uses and enjoyment of other property in the immediate area". Ms. Sabaj said the Northwest Meadows Homeowners Association is requesting that the Planning and Zoning Board deny the conditional use request for said property, as the proposed use is contrary to the design of the building and ~vill have a negative impact on the residents in the immediate area. Ken Fritz, who lives in the condos adjacent to the subject property, was sworn in. He explained that he had been a planner with the Village of Mount Prospect six years ago. He said the B1 zoning ~vas designed to be limited to offices and would allow only offices until some planner had the "bright idea" to allow conditional uses to the various districts. He said he read the preschool proposal and did not agree that it met the standards to be allowed as a conditional use to this building that was designed for offices. He presented a petition signed by 33 of the 54-condo unit owners against the proposal. He said their concerns were the same as Ms. Sabaj's. Ms. Sylvia Falk was sworn in and said she was another member of the homeowners association and was there to give support to the association's objections to the proposal. Michael Moreno returned to the podium to answer the objections raised by the two speakers. He said they would adhere to the hours they had proposed, which were not the hours imagined by the speakers who had objected to the proposal. He also said the drop-offs would be supervised by staff outside of the facility and would not entail the lanning & Zoning Commission PZ-42-02 Arlene Juracek, Chairperson Page 5 depicted dressing and undressing of preschoolers and their siblings. He also said they were working with the Park District for permission to use Meadows Park and the park is not used for soccer and baseball during the hours the pre- school would use it. Bob Klebie, 212 N. Evanston, was sworn in and said he shared the concerns of the homeowners association. Mr. Rogers closed the public hearing at 9:25. Leo Floros moved to approve a conditional use to operate a day care/preschool center at 1150 W. Northwest Highway with the conditions imposed by staff's memo, for Case No. PZ-42w02. Merrill Cottan seconded the motion. Joseph Donnelly suggested another condition be imposed that food s~ved consist only of snacks, as defined by the Department of Children and Family Services, and be limited to two per day. This would limit the time children could stay at the pre-school. Mr. Floros and Mr. Cotten moved to include those conditions in their motion, with the term "snacks" to be interpreted as defined by DCFS. UPON ROLL CALL: AYES: Cotten, Donnelly, Floros, Rogers, Youngquist and Sledz NAYS: None Motion was approved 6-0. At 9:34 p.m., after hearing another case, Leo Floros made motion to adjourn, seconded by Merrill Cotten. The motion was approved by a voice vote and the meeting was adjourned. Barbara Swiatek, Planning Secretary Judy Connolly, Senior Planner