AGENDA PLANNING AND ZONING COMMISSION & HISTORIC COMMISSION

Transcription

1 AGENDA PLANNING AND ZONING COMMISSION & HISTORIC COMMISSION Village of East Dundee December 13, :00 PM East Dundee Police Station 2 nd Floor Meeting Room 115 E. 3 rd Street East Dundee, IL CALL TO ORDER ROLL CALL / DECLARATION OF QUORUM APPROVAL OF MINUTES 1. Planning and Zoning Commission Meeting Minutes dated August 2, 2018 PUBLIC COMMENT NEW BUSINESS 1. PUBLIC HEARING (VOED) to consider a request for a text amendment to Section (D)(1)(k)(3) Zoning Chapter of the East Dundee Village Code regulating out door play area requirements for a child care center in a B-3 Service Business District. 2. PUBLIC HEARING (460 Dundee Avenue Ideabox Chilcare) to consider a request for a special use to allow for a child care center in the B-3 Service Business District. a. Motion to recommend approval/denial of a special use permit for a child care center in the B-3 Service Business District. b. Motion to approve a Findings of Fact to recommend approval/denial of a special use permit a child care center in the B-3 Service Business District. HISTORIC COMMISSION 1. Certificate of Appropriateness for canopy/awning signs: 311 Barrington Avenue a. Discussion and Motion to Recommend Approval/Denial of a Certificate of Appropriateness for 311 Lofts Proposed Canopy/Awning Sign, Unit A Canopy/Awning Sign, Lucky Girl Canopy/Awning Sign (Unit D), Black & Gray Canopy/Awning Sign (Unit B), and Migrate Canopy/Awning Sign (Unit C). OTHER BUSINESS ADJOURNMENT

2 Village of East Dundee Kane County, IL Planning & Zoning Commission August 2, 2018 Chairman Brewer called the Planning & Zoning Commission meeting to order at 7:00 pm. Roll: 6 Present (Bernstein, Steneck, Apke, Schock, Holliman and Brewer). 3 Absent (Scarpelli, Meyer and Muscat). Also present were Assistant Village Administrator Brad Mitchell, Village Building Inspector Chris Ranieri, Village Engineer Joe Heinz and Village Clerk Katherine Holt. APPROVAL OF MINUTES: 1. Planning and Zoning Commission Meeting Minutes dated June 14, 2018 Motion to approve the Planning and Zoning Commission Meeting Minutes dated June 14, 2018 by Apke/Schock. Motion carries by unanimous vote. PUBLIC COMMENT: None NEW BUSINESS: 1. PUBLIC HEARING (811 E. Main Street) to consider a request to rezone the following described property from B-2- Community Business District and B-3- Service Business District to the R-5- Multiple Dwelling District. a. Motion to recommend approval/denial of a request to rezone the following described property from B-2- Community Business District and B-3- Service Business District to the R-5- Multiple Dwelling District. b. Motion to approve a Findings of Fact to recommend approval/denial of a request to rezone the following described property from B-2- Community Business District and B-3- Service Business District to the R-5- Multiple Dwelling District. Motion to open the Public Hearing by Holliman/Apke. Motion carries by unanimous vote. John Curtis of United Construction Services explained that the project will include 2 new buildings of 18 apartment units each. The project consists of one and two bedroom market rate rental apartments. He said the property currently is zoned for commercial use and he is requesting it be rezoned to residential. Trevor Hughes, President of the Home Owners Association at the Reserve and resident of 532 King Avenue, asked if any study has been done on the impact of changing the property from commercial to residential, specifically as it relates to children s needs and services. Mr. Curtis responded that typically one and two bedroom apartments rarely have children. Building Inspector Chris Ranieri added that the School District would be able to collect impact fees for two bedroom units and the Park District would collect for both one and two bedroom units. He mentioned that IDOT will be doing an engineering review of the entrance to the apartment complex. Frank Menini, resident of 612 Reese Avenue, stated that his property borders the project s property. He stated that he chose his property because it was at a dead end street and adjacent to commercial property. He voiced his concerns with future privacy and the height and layout of the apartment buildings. He said he was happy with the buffer and landscaping that is being proposed. Mr. Menini further mentioned concerns with the dumpster location and increased storm water back up as he currently experiences issues with a back up already. 1

3 Village of East Dundee Kane County, IL Planning & Zoning Commission August 2, 2018 Eric Hokanson, resident of 518 King Avenue, asked how many parking spaces there will be for the apartment buildings. Mr. Curtis replied that there will be 57 regular parking spaces and 6 handicap spaces. Mr. Hokanson voiced concern with having enough spaces for residents of the apartments as well as their visitors. He also has a concern with emergency vehicle access. Mr. Curtis advised that the Fire Department has already performed a review of this. Kurt Debus, resident of 714 Timothy Court and a member of the Reserve Home Owners Association Board asked why the public notice was so imprecise and legalized. He also asked why a map was not included and why the notice was not sent via regular mail in addition to being sent via certified mail. Assistant Administrator Mitchell advised that the public notices were mailed as required by state statute. Judy Genandt, resident of 710 Timothy Court, asked what happens to the property if the project is not approved. Mitchell replied that the property would stay as is, as a commercial property. Ms. Genandt stated that she would like the property left vacant. Commissioner Holliman said that this land is part of future economic development and does not want to see it sit vacant. She added that this is not the best use of the property. Liz Braden, resident of 723 Timothy Court, stated that having only one entrance to the property is going to cause a lot of traffic and noise in that one area. Commissioner Schock asked why the buildings will be apartments and not condos. Mr. Curtis replied that the condominium market is not a strong selling market at this time. He said condos are only selling when they have unique feature such as being located on a lake or a river. Commissioner Bernstein asked why garages are not included in the plan. Mr. Curtis responded that residents are not willing to pay additional money for a garage based on other neighboring communities that offer them and are left with vacancies. Commissioner Schock commented that traffic will have a very difficult time turning eastbound onto Route 72 during rush hour traffic in the morning. Motion to close the Public Hearing by Holliman/Apke. Motion carries by unanimous vote. Motion to recommend approval of a request to rezone the property at 811 E. Main Street from B-2- Community Business District and B-3 - Service Business District to the R-5 -Multiple Dwelling District by Holliman. There was no second. Motion fails. Motion to recommend denial of a request to rezone the property at 811 E. Main Street from B-2- Community Business District and B-3 - Service Business District to the R-5 -Multiple Dwelling District by Schock/Steneck. 4 Ayes (Apke, Steneck, Berstein and Schock). 2 Nays (Holliman and Brewer). 3 Absent (Scarpelli, Meyer and Muscat). Motion carries. 2. PUBLIC HEARING (811 E. Main Street) to consider a request for a variance from Section (A)(1) of the Zoning Chapter of the East Dundee Village Code allowing for the lot size to be 3.43 acres. a. Motion to recommend approval/denial of a variance from Section (A)(1) of the Zoning Chapter of the East Dundee Village Code allowing for the lot size to be 3.43 acres. 2

4 Village of East Dundee Kane County, IL Planning & Zoning Commission August 2, 2018 b. Motion to approve a Findings of Fact to recommend approval/denial of a variance from Section (A)(1) of the Zoning Chapter of the East Dundee Village Code allowing for the lot size to be 3.43 acres. Motion to open the Public Hearing by Apke/Steneck. Motion carries by unanimous vote. There was no discussion. Motion to close the Public Hearing by Berstein/Holliman. Motion carries by unanimous vote. Motion to recommend denial of a variance from Section (A)(1) of the Zoning Chapter of the East Dundee Village Code allowing for the lot size to be 3.43 acres at 811 E. Main Street by Steneck/Schock. 4 Ayes (Apke, Steneck, Berstein and Schock). 2 Nays (Holliman and Brewer). 3 Absent (Scarpelli, Meyer and Muscat). Motion carries. 3. PUBLIC HEARING (811 E. Main Street) to consider a request for a variance from Section (A)(5) of the Zoning Chapter of the East Dundee Village Code requiring that the maximum building height is not to exceed two and one-half stories or 30 feet, whichever is lower. 4. PUBLIC HEARING (811 E. Main Street) to consider a request for a variance from Section (C) of the Subdivision Chapter of the East Dundee Village Code requiring that all lots shall have full frontage abutting a publicly dedicated street. 5. PUBLIC HEARING (811 E. Main Street) to consider a request for a variance from Section (B)(1) of the Subdivision Chapter of the East Dundee Village Code requiring that no development activity may occur within the minimum setback which is defined as 75 feet from the ordinary high water mark of streams, lakes and ponds, the edge of wetlands or within a designated depressional area. 6. PUBLIC HEARING (811 E. Main Street) to consider a request for a variance from Section (D)(2)(d)(2) of the Landscape Chapter of the East Dundee Village Code requiring landscape islands so that there is a maximum of 10 parking spaces in a row. Motion to open Public Hearings for agenda items 3, 4, 5 and 6 by Schock/Apke. Motion carries by unanimous vote. There was no discussion. Motion to close the Public Hearing by Holliman/Schock. Motion carries by unanimous vote. Motion to recommend denial of variance requests for agenda items 3, 4, 5 and 6 by Schock/Steneck. 4 Ayes (Apke, Steneck, Berstein and Schock). 2 Nays (Holliman and Brewer). 3 Absent (Scarpelli, Meyer and Muscat). Motion carries. Motion to approve the Findings of Fact to recommend approval of a request to rezone the property at 811 E. Main Street from B-2- Community Business District and B-3- Service Business District to the R-5- Multiple Dwelling District by Holliman. There was no second. Chairman Brewer asked the Commission to vote on the approval of the Finding of Fact for the request to rezone. 3

5 Village of East Dundee Kane County, IL Planning & Zoning Commission August 2, Ayes (Holliman and Brewer). 4 Nays (Apke, Steneck, Berstein and Schock). 3 Absent (Scarpelli, Meyer and Muscat). Motion does not pass. Chairman Brewer then asked the Commission to vote on the approval of the Finding of Fact for variance requests for agenda items 2, 3, 4, 5 and 6. 2 Ayes (Holliman and Brewer). 4 Nays (Apke, Steneck, Berstein and Schock). 3 Absent (Scarpelli, Meyer and Muscat). Motion does not pass. HISTORIC COMMISSION: None OTHER BUSINESS: None Motion to adjourn the Planning and Zoning Meeting at 8:15 pm by Berstein/Steneck. Motion passed by unanimous vote. Meeting adjourns. 4

6 To: CC: From: Subject: Village of East Dundee Memorandum Planning and Zoning Commission Jennifer Johnsen, Village Administrator Brad Mitchell, Assistant Village Administrator Chris Ranieri, Building Inspector Joseph Heinz, Village Engineer Proposed Amendment to Village Code Childcare Outdoor Play Area Size Date: December 6, 2018 Dwight Simmons and Vicky Camilo-Simmons, co-owners of Ideabox Childcare, Inc., are requesting a special use permit to operate a child care center at 460 Dundee Avenue. Per the Village Code, Section (D)(1)(k)(3) requires that a child care center and day care center must have at least 150 square feet of outdoor play area for each child. The required square feet per child is based on 25% of the total area required. The Department of Children and Family Services (DCFS) requires that there shall be a minimum of 75 square feet of safe outdoor area per child for the total number of children using the area at any one time. Therefore, the Village s requirement far exceeds the requirement of DCFS, who is the governing body that oversees the regulation of childcare facilities. To put the square footage requirement difference in perspective, below are comparisons between the requirements of Village and DCFS. The current outdoor space at the proposed location is 4,000 square feet and approximately 146 children are anticipated to attend the proposed child care center. Village 150 sq. ft. / child X 146 =21,900 X 25% = 5,475 sq. ft. (Exceeds the 4000 sq. ft. currently at the proposed location) DCFS 75 sq. ft. / child X 146 = 10,950 X 25% = 2737 sq. ft. (Less than the 4000 sq. ft. currently at the proposed location) Based on the above calculations above the applicant will need to request a variance from the 150 square feet Village Code requirement. It is the opinion of Village staff, with support of the Village Administrator, to remove this requirement from the Village Code as the Village should rely on DCFS for the statewide standard, therefore the application would no longer be required to request a variance. Child care centers are inspected, regulated, and licensed by DCFS. Action Requested: Discussion and motion to recommend an amendment to Section (D)(1)(k)(3) of the Village Code removing the requirement of 150 square feet of outdoor play area for each child pertaining to a child care center. 1

7 To: CC: From: Subject: Village of East Dundee Memorandum Planning and Zoning Commission Jennifer Johnsen, Village Administrator Brad Mitchell, Assistant Village Administrator Chris Ranieri, Building Inspector 460 Dundee Avenue Special Use Date: December 6, 2018 Dwight Simmons and Vicky Camilo-Simmons, co-owners of Ideabox Childcare, Inc., has submitted a zoning application for a special use for 460 Dundee Avenue to allow for a child care center in the B-3 Service Business District. Ideabox Childcare will be located in the former site of Safari Childcare on the north end of River Valley Square Shopping Center. Operation of a child care center in the B-3 Service Business District is permitted only through a Special Use permit. The child care center will operate Monday through Friday from 6:30 a.m. to 6:00 p.m. Children attending will be between the ages of 6 weeks to 6 years old. The proposed facility currently has nine (9) classrooms with a large 4,000 square foot outdoor play area and a large indoor gym used for events and/or play during inclement weather. The facility will have an estimated full capacity of 146 children and will require approximately 25 staff members, which will be more than adequate for DCFS minimum staff/child ratios. For security, there will be a staff only operated entrance door to the reception/waiting area and another staff operated door to enter from the reception to the classroom area after parent security check and sign-in procedures. The applicants also plan to install multiple security cameras throughout the center. In order to consider a special use permit for Ideabox Childcare, the Planning and Zoning Commission should consider the following standards. For each of these standards, the Village s responses are provided in italics. 1. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. The proposed use is consistent with existing uses on the property and surrounding area and is not expected to diminish the value of adjacent and nearby properties. 2. The establishment of the special use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district. The proposed use will not affect the development of other nearby property. 1

8 3. Adequate utilities, access roads, drainage or necessary facilities have been or will be provided. This location was previously improved as a child care center and all utilities and improvements currently exist. 4. Adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets. The proposed use is located within the shopping center, which provides adequate ingress and egress to minimize potential vehicle conflicts and congestion in public streets. There is adequate parking within the shopping center. The proposed use may increase traffic into the site off Route 25 and Route 72, but is not expected to create traffic congestion or unduly increase traffic. Due to the usual nature of the operation of special uses that may give rise to unique problems with respect to their impact upon neighboring property or public facilities, the Village may stipulate conditions and restrictions upon the establishment, location, construction, maintenance, and operation of the use as deemed necessary for the protection of the public interest. Below are outlined recommended conditions: 1. The Special Use Permit cannot be transferred and shall expire at such time Ideabox Childcare, Inc. ceases operations at this location. 2. The applicant shall establish and maintain a plan for drop-off and pick-up operations to limit vehicle congestion within the shopping center approved by the Chief of Police. 3. The applicant is required to comply with all of the applicable regulations, conditions, and requirements of the Village of East Dundee prior to building permit issuance by the Village. 4. The applicant shall remain in compliance with all the requirements of the Illinois Department of Children & Family Services (DCFS). Staff Recommendation: Action Requested: Attachments: Village staff recommends approving a findings of fact to approve a special use for 460 Dundee Avenue (Ideabox Childcare, Inc.). Discussion and motion to approve a findings of fact to approve/deny a special use for 460 Dundee Avenue to allow for a child care center in the B-3 Service Business District. 1. Application and supporting documents 2. Aerial Map 3. Public Notice 4. Findings of Fact 2

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18 State of Illinois ) County of Kane ) SS Village of East Dundee ) NOTICE OF PUBLIC HEARING Notice is hereby given that the Planning and Zoning Commission of the Village of East Dundee will hold a public hearing on December 6, 2018 at 7:00 P.M. at the East Dundee Police Station 2 nd Floor Meeting Room, 115 E. 3 rd Street, East Dundee, Illinois, to consider a request for a special use for the operation of a child care center in the B-3 - Service Business District. Property Legal Description: LOT 2 OF LPC SUBDIVISION, BEING A SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF SECTION 23, AND PART OF THE NORTHEAST QUARTER OF SECTION 26, ALL IN TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRICIPAL MERIDIAN, IN THE VILLAGE OF EAST DUNDEE, KANE COUNTY, ILLINOIS. PIN: This property is commonly known as 460 Dundee Avenue, East Dundee, IL All interested persons will be given an opportunity to be heard.

19 VILLAGE OF EAST DUNDEE, ILLINOIS Findings of Fact Special Use Property Location: Special Use requested: 460 Dundee Avenue, East Dundee, Illinois A special use to allow for a child care center in the B-3 Service Business District Hearing date: December 6, 2018 The Planning and Zoning Commission has made the following findings regarding the special use request: 1. The use is not injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood; Circle one; Yes/No/Not Applicable(N.A.), Explain: The proposed use is consistent with existing uses on the property and surrounding area and is not expected to diminish the value of adjacent and nearby properties. 2. The use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district; Yes/No/N.A. The proposed use will not affect the development of other nearby property. 3. Adequate utilities, access roads, drainage or necessary facilities have been or will be provided; Yes/No/N.A. This location was previously improved as a child care center and all utilities and improvements currently exist. 4. Adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets; Yes/No/N.A. The proposed use is located within the shopping center, which provides adequate ingress and egress to minimize potential vehicle conflicts and congestion in public streets. There is adequate parking within the shopping center. The proposed use may increase traffic into the site off Route 25 and Route 72, but is not expected to create traffic congestion or unduly increase traffic. Based on the information contained in the application and the testimony and evidence presented at the public hearing, the Planning and Zoning Commission voted on the approval of these findings of fact and the requested special use(s) resulting in the following vote: ayes nays absent abstain Date: Chairman Planning and Zoning Commission 1

20 To: CC: From: Subject: Village of East Dundee Memorandum Planning and Zoning Commission (Historic District Commission) Jennifer Johnsen, Village Administrator Chris Ranieri, Building Inspector Brad Mitchell, Assistant Village Administrator 311 Barrington Avenue Historic Certificate of Appropriateness Date: December 6, 2018 The Village has received four (4) applications for Certificate of Appropriateness for canopy/awning signs to be installed above the units at the building located at 311 Barrington Avenue. The canopy/awning signs will be for the following building tenants: 311 Lofts o Color Sunbrella True Brown Unit A o Color Sunbrella Forest Green Lucky Girl Units D o Color - Sunbrella Terra Cotta Black & Gray Brewing Unit B o Color Sunbrella Black Migrate Unit C o Color Sunbrella Black The architecture of 311 Barrington Avenue includes three (3) different brick color variations. As indicated above, there are color variations between the proposed canopy/awning signs to better match the specific building brick on which they will be placed. As the property is located within the Village's Historic District, the application requires review by the Planning and Zoning Commission acting as the Historic District Commission (HDC). The proposed canopy/awning signs should be reviewed according to the following applicable guidelines. Attached, please find the Certificate of Appropriateness applications, including renderings of the proposed canopy/awnings signs. 1. All signs shall be of material that was or could have been used at the time the building was erected. Substitute materials with the same appearance may be approved. 2. External florescent, neon or other bright or garish colors shall not be approved. Historic colors and earth tones are recommended. 3. Lettering shall be of a style compatible with the time the building was erected. 4. All three-dimensional signs shall be of a style used at the time the building was erected and should pertain to the type of business conducted within and shall be required to obtain HDC approval. 1

21 5. Signs may be externally illuminated only by fixtures compatible with the period in which the building was erected. 6. All signs shall be constructed or painted in a workmanlike manner and all lettering intended to be of a uniform size and style. 7. Signs of a period other than when the building was erected may be approved if of special design merit. 8. Any original sign that was used at any time on a building prior to the year 1900 or an authentic facsimile thereof may be replaced on that building subject to HDC approval. 9. Within the historic district, signs shall identify only the name of the business and the general type of goods, produces or service offered. In addition to lettering, graphics may include a trademark, symbol or other representation directly related to the use but not advertising a specific brand sold within the building. A brand name or symbol may be included, however, if the business is a franchise and/or it is the major brand sold or service offered on the premises. 10. The style, composition and appearance of all signs within the historic district shall comply as much as possible with any further design guidelines which may be adopted by the Village for administration of the district. Upon review by the Building Inspector, the proposed sign complies with all other sign code regulations. Action Requested: Attachments: Discussion and Motion to Recommend Approval/Denial of a Certificate of Appropriateness for 311 Lofts Proposed Canopy/Awning Sign, Unit A Canopy/Awning Sign, Lucky Girl Canopy/Awning Sign (Unit D), Black & Gray Canopy/Awning Sign (Unit B), and Migrate Canopy/Awning Sign (Unit C). Certificate of Appropriateness Applications and Renderings 2

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