FROM: Mary Bak, Director of Development, (847) SMK Education

Transcription

1 Development Department SUBJECT: First consideration of an Ordinance granting conditional use approval for SMK Education at 4350 DiPaolo Center (request to waive administrative rules and adopt upon first reading) AGENDA ITEM: 11.b. MEETING DATE: October 5, 2010 TO: Village President and Board of Trustees FROM: Mary Bak, Director of Development, (847) THROUGH: Todd Hileman, Village Manager CASE #: P PROJECT NAME: SMK Education ADDRESS: 4350 DiPaolo Center #D ACTION REQUESTED: Staff recommends Village Board consideration of an Ordinance approving a Conditional Use for SMK Education at 4350 DiPaolo Center. The petitioner is requesting a waiver of administrative rules and adoption of the proposed ordinance upon first reading in order to accelerate the timeline to occupy the tenant space as a homework center. APPLICANT / CONTACT: Min Sook Choi Tel: (319) Salem Walk Apt. B1 Fax: (847) Northbrook, IL OWNER: Janice Latter Tel: (847) DiPaolo Center #A Fax: (847) Glenview, IL 60025

2 PLAN COMMISSION ACTION: On September 14, 2010, Commissioner Ruter, seconded by Commissioner Fallon, made a motion to grant Conditional Use approval for P SMK Education at 4350 DiPaolo Center, by a 4 0 vote, in accordance with the following: 1. Conditional Use in accordance with the provisions of Chapter 98, Article III, Section (d) and Article II, Section 98 50(a)(4) of the Glenview Zoning Ordinance, a tutoring center within a tenant space upon the subject property, a B 1 specialty school use in an I 2 Light Industrial District, shall be permitted subject to the following conditions: A. The use shall be permitted in the building depicted on the Site Plan labeled SD 2 and dated June 24, B. The hours of operation shall be from 3:00 p.m. to 7:00 p.m., seven (7) days per week. C. No outdoor operations shall be permitted. D. There shall be no outdoor displays or attention getting devices on the premises. E. If the education center is abandoned or discontinued for more than three (3) months, the conditional use shall be rescinded. F. The conditional use will lapse within 180 days unless the building permit enacting the conditions approved by the associated regulatory review is issued or the Certificate of Occupancy is issued within 180 days. 2. All materials presented to the Plan Commission on September 14, 2010; and associated revisions required by the Plan Commission. PLAN COMMISSION DISCUSSION: The petitioner explained that office employees have been using the tenant space for office use only, which is permitted by the zoning code, but they need conditional use approval in order to use the tenant space as a homework tutoring center. The Plan Commission asked whether hours would need to be extended if a student was dropped off and had to wait for a ride home, but the petitioner responded that typically parents wait in a waiting room for their children because the tutoring sessions last for approximately 30 minutes. The Plan Commission clarified that the use would be allowed seven days a week, and had no other questions or concerns. Below is a compilation of the staff report that was sent to the Plan Commission. Any outstanding issues have been addressed in the motion recommended by the Plan Commission and are reflected in the attached draft ordinance and exhibits. 2

3 Case History PROPOSAL: The petitioner, SMK Education, is requesting approval of a conditional use permit to allow the operation of a homework consulting center within a tenant space in an existing multitenant industrial building upon the subject property at 4350 DiPaolo Center. General office work would be permitted by ordinance under the I 2 zoning requirements, but specialty schools, which is what the homework consulting center is considered, requires a conditional use. The subject property is comprised of 6.8 acres and the existing building is comprised of approximately 21,000 square feet. The proposed use would occupy a tenant space comprised of approximately 1,130 square feet. According to the petitioners executive summary, the proposed use would consist of 2 employees at any one time, working with a maximum of 4 students. Proposed hours of operation would range from 3:00 p.m. to 7:00 p.m. three days a week. The petitioner is proposing to have office hours Tuesday, Wednesday, and Friday. While the petitioner is only planning to operate 3 days a week, if the need for additional homework consulting center hours became necessary, staff recommends the office be permitted to be open during afternoon and early evening business hours 7 days a week in compliance with ordinance requirements. As such, the draft motion would permit hours of operation for the homework consulting center from 3:00 p.m. to 7:00 p.m., 7 days a week. PROJECT HISTORY: 08/09/10 Application Submitted PUBLIC OUTREACH: 08/26/10 Public notice published in Glenview Announcements 08/26/10 Public notice mailed to surrounding property owners 09/14/10 Plan Commission Public Hearing TBD Board of Trustees First & Final Consideration TBD Appearance Commission Review NEIGHBORHOOD CORRESPONDENCE: At press time, staff had not received any correspondence from the public regarding the proposed conditional use. 3

4 Site Assessment GIS MAP: Property Identification Number (PIN): Current Zoning of Subject Property: Glenview I 2 Light Industrial District Adjacent Zoning Districts: North: Unincorporated Cook County East: Unincorporated Cook County and Glenview R 18 Residential District West: Glenview P 1 Public Lands South: Glenview I 2 Light Industrial District 4

5 AERIAL PHOTOGRAPHY: 5

6 PICTOMETRIC PHOTOGRAPHY: As viewed from the south As viewed from the east 6

7 Technical Review REQUESTED APPROVALS: Conditional Use COMPREHENSIVE PLAN OFFICIAL MAP COMPLIANCE: The existing property zoning complies with both the Village s Comprehensive Plan and Official Map. Zoning & Proposed Land Uses The petitioner is requesting approval of a conditional use permit to allow a tutoring center to occupy a tenant space within an existing multi tenant industrial building. The proposed use is permitted by right in the B 2 General Business District, but can be permitted in the I 2 zoning district with a conditional use. The interior build out will be comprised of approximately 1,130 square feet. The petitioner s proposed plans and executive summary confirm that all operations will occur within the confines of the existing building. Parking Requirements The Zoning Ordinance stipulates formulas to be applied to the different uses comprising the proposed business operations in the multi tenant office buildings in order to establish the minimum number of required parking stalls. These parking formulas have been examined by staff to establish the most restrictive requirements for the entire building, which can be summarized as follows: One (1) parking space for every 300 square feet of Business & Professional Office One (1) parking spaces for each two (2) members of staff plus one (1) parking space for each six (6) customers for Specialty Schools One (1) parking space for each two (2) employees for Storage and Wholesale Establishments The proposed tutoring center would include up to two (2) employees with up to four (4) students at any one time. In accordance with the proposed uses, two (2) parking stalls would be required by ordinance. The property owner has furnished a current tenant list with corresponding unit square footages, office square footages, warehouse square footages, and numbers of employees for each business. Based upon the current mix of tenants and uses and the proposed use of the tenant space, a total of 163 parking stalls are required per ordinance. The subject property includes 190 shared parking stalls. This is a surplus of 27 parking stalls, as shown in the below table: 7

8 PARKING COMPLIANCE: INDUSTRIAL Required/Permitted Existing/Proposed Zoning I 2 B 2 use in an I 2 Tenant Parking Stalls 163 stalls (total) 190 (shared) 4300 DiPaolo Center (shared) DiPaolo Center (shared) 4312 DiPaolo Center (shared) DiPaolo Center (shared) 4324 DiPaolo Center (shared) DiPaolo Center (shared) DiPaolo Center (shared) 4346 DiPaolo Center (shared) 4350 DiPaolo Center (includes 190 (shared) 70 equipment garage) DiPaolo Center (shared) 4345 DiPaolo Center (shared) Loading Berths 3 16 Signage Final Appearance Approval would be required prior to the installation of any future signage, landscaping, fencing, or alterations to the building exterior. STANDARDS FOR CONDITIONAL USE: 1. The proposed conditional use at the particular location is necessary or desirable for the public convenience; and it will not be injurious to the use and enjoyment of property already permitted in the immediate vicinity; nor will it diminish or impair property values in the neighborhood; nor will it affect a significant change in the character of the neighborhood. The petitioner suggests the proposed location is well suited for an educational facility and the low intensity nature of the use will not introduce any negative effects. 2. The location and size of the conditional use, the nature and intensity of the operation involved in or conducted in connection with it, the size of the site in relation to it, and the location of the site with respect to streets giving access to it, shall be such that it will be in harmony with present development and the appropriate and orderly future development of the district in which it is located, as well as other butting districts. All operations associated with the proposed business will be performed inside the tenant space and there will be no outdoor storage. The petitioner suggests that there will be a low volume of clients utilizing the facility at one time, resulting in little impact on the surrounding area. The petitioner is not proposing to change the building or property. 8

9 3. The location, nature, and height of buildings, walls, and fences, and the nature and extent of the landscaping on the site shall be such that the use will not unreasonably hinder or discourage the appropriate development and use of adjacent and nearby land and buildings. The petitioner is not proposing any changes to the exterior of the building or site. 4. Parking areas shall be of adequate size for the particular use, properly located, and suitably screened from adjoining residential uses, and the entrance and exit drives shall be laid out so as to prevent traffic hazards and nuisances, and minimize traffic congestion in the area. The petitioner has indicated that the business would employ up to two (2) people at any one time, and that adequate parking is provided for their students and faculty. Residential districts within the vicinity of the subject property are located on the opposite side of Dearlove Road, and the petitioner suggests that there will be no negative impact on residents. 5. A use which is permitted in another district by conditional use shall comply with all applicable bulk regulations of the district in which the use is located. The use as proposed complies with applicable bulk regulations for the I 2 District. REGULATORY REVIEW REFERENCE CHART The following chart is provided as a reference appendix. The marked items are under review as part of this proposal. The appendix includes specific descriptions of each regulatory approval, the review criteria and standards for approval. Each Commissioner has a copy of the appendix and copies for the public are located on the table near the Board Room entrance doors. Regulatory Reviews Reviews Requested Location in Appendix Comprehensive Plan Official Map A Annexation B Rezoning C Planned Development D Final Site Plan Review E Subdivision Approval F Variation (as part of an Annexation or PD) G Conditional Use X H Second Curb Cut I Certificate of Appropriateness from Appearance Commission (AC) J ATTACHMENTS: 1. Conditional Use Ordinance 2. Plan Commission draft minutes 09/14/10 3. Public Notice 4. Petitioner s letter requesting First and Final Consideration 5. Petitioner s Exhibits 9

10 ORDINANCE NO. P Conditional Use Ordinance for SMK Education at 4350 DiPaolo Center 10/05/10 AN ORDINANCE GRANTING CONDITIONAL USE PERMIT APPROVAL WHEREAS, the Village of Glenview (the Village ) is a home rule municipality in accordance with the Constitution of the State of Illinois of 1970; WHEREAS, the Village has the authority to adopt ordinances and to promulgate rules and regulations that pertain to its government and affairs that protect the public health, safety and welfare of its citizens; WHEREAS, SMK Education is requesting approval of a Conditional Use Permit for 4350 DiPaolo Center; WHEREAS, a notice of public hearing concerning the question of granting a conditional use was duly published on August 26, 2010 in the Glenview Announcements, a newspaper of general circulation in the Village, in accordance with the Glenview Zoning Ordinance; WHEREAS, a public hearing was held by the Plan Commission pursuant to the requirements of Chapter of the Municipal Code and consideration of a petition for a conditional use permit pursuant to the standards of Chapter of the Glenview Municipal Code was conducted on September 14, 2010 at the hour of 7:00 P.M., pursuant to the provisions of the aforesaid published notice, and all persons who desired to be heard were heard, including an opportunity given to all persons who desired to make objections thereto, and subsequently a recommendation was forwarded to the Glenview Board of Trustees; and WHEREAS, the corporate authorities, having considered the recommendation of the Plan Commission, find it in the public interest to grant such conditional use approval and that the approval of the development will promote the public health, safety and welfare of the Village and its residents. NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of Glenview, Cook County, Illinois, as follows: Section 1: The facts and statements contained in the preamble to this Ordinance are found to be true and correct and are hereby adopted as part of this Ordinance. Section 2: The conditional use as described in Section 3 below is hereby granted to the property commonly known as 4350 DiPaolo Center and legally described as: 10

11 LOT 1 IN DIPALO S RESUBDIVISION OF LOTS 5, 6, AND 7 IN OWNER S SUBDIVISION OF THE SOUTH 925 FEET, MEASURED AT RIGHT ANGLES TO THE SOUTH LINE, OF THAT PART LYING WEST OF THE NORTHWESTERLY LINE OF RIGHT OF WAY OF DEERLOVE ROAD AND EAST OF THE SOUTHEASTERLY LINE OF THE RIGHT OF WAY OF THE CHICAGO AND NORTHWESTERN RAILWAY COMPANY OF LOTS 6 AND 7 IN DEERLOVE S SUBDIVISION OF LOTS 9 AND 10 IN COUNTY CLERK S DIVISION OF SECTION 32, TOWNSHIP 42 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN; AND LOT 3 IN OWNER S SUBDIVISION OF THAT PART OF THE SOUTH HALFOF THE SOUTHWEST QUARTER OF ECTION 32, TOWNSHIP 42 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN LYING EAST OF THE SOUTHEASTERLY LINE OF THE RIGHT OF WAY OF THE CHICAGO AND NORTHWESTERN RAILWAY COMPANY AND WEST OF THE NORTHWESTERLY LINE OF RIGHT OF WAY OF DEERLOVE ROAD EXCEPT THE NORTH 33.0 FEET AS MEASURED AT RIGHT ANGLES TO THE NORTH LINE THEREOF AND EXCEPT THE SOUTH FEET AS MEASURED AT RIGHT ANGLES TO THE SOUHT LINE OF SAID SOUTHWEST QUARTER, ACCORDING TO THE PLAT THEREOF REGISTERED AS DOCUMENT NO Section 3: Conditional Use in accordance with the provisions of Chapter 98, Article III, Section (d) and Article II, Section 98 50(a)(4) of the Glenview Zoning Ordinance, a tutoring center within a tenant space upon the subject property, a B 1 specialty school use in an I 2 Light Industrial District, shall be permitted subject to the following conditions: A. The use shall be permitted in the building depicted on the Site Plan labeled SD 2 and dated June 24, B. The hours of operation shall be from 3:00 p.m. to 7:00 p.m., seven (7) days per week. C. No outdoor operations shall be permitted. D. There shall be no outdoor displays or attention getting devices on the premises. E. If the education center is abandoned or discontinued for more than three (3) months, the conditional use shall be rescinded. F. The conditional use will lapse within 180 days unless the building permit enacting the conditions approved by the associated regulatory review is issued or the Certificate of Occupancy is issued within 180 days. Section 4: Appropriate notice shall be taken in the Office of the Director of Development and any other affected departments of the Village of the conditional use hereby authorized and suitable records shall be maintained to guarantee such conditional use of the premises heretofore described. Section 5: Every section and provision of this Ordinance shall be separable, and the invalidity of any portion of this Ordinance shall not affect the validity of any other portion of this Ordinance. Section 6: This Ordinance shall be in full force and effect from and after its passage and approval according to law. 11

12 PASSED this day of, AYES: NAYS: ABSENT: APPROVED by me this day of, _ Kerry D. Cummings, President of the Village of Glenview, Cook County, Illinois ATTESTED and FILED in my office the day of, Todd Hileman, Village Clerk of the Village of Glenview, Cook County, Illinois 12

13 New Business September 14, 2010 Plan Commission draft minutes P DiPaolo Center, Unit D SMK Education, Inc.(Public Hearing) Mr. Jeff Brady began by stating that notice of tonight s public hearing was published in the August 26 th Glenview Announcements. The petitioner, SMK Education, is requesting approval of a conditional use permit to allow the operation of a homework consulting center within a tenant space in an existing multi tenant industrial building. The proposed use would occupy a tenant space 1,130 square feet and consist of two employees at any one time, working with a maximum of four students. Proposed hours of operation would range from 3:00 p.m. to 7:00 p.m. 7 days a week (as opposed to 3 days a week as described in the Commissioners packets). Utilizing visuals, Mr. Brady illustrated the parking situation, noting that there is no issue with the amount of parking allocated for each business. Commissioner Brinckerhoff questioned the fact that in two places in the Commissioner s packet, SMK is listed as a tenant of the building (July 1 st & August 1 st, 2010); is this true and has the petitioner been utilizing the space before this proposed conditional use was reviewed tonight. Through their translator, Mr. Nestor, the petitioners replied that yes, they are current tenants and have been using the space for office space only. Addressing Mr. Brady, the Commissioner asked for general clarification that indeed a conditional use approval by the Plan Commission is needed then approval by the Board of Trustees before the petitioner could begin using the location for anything other than office space. Mr. Brady concurred stating that as part of business license application process, the petitioner has utilized the location as office space, not a learning facility. They were assigned as a tenant and are now going through regulatory process. The petitioner cannot occupy a space (providing tutoring services) unless the conditional use is approved. Chairman Bucklin stated that he had occupied this space for 11 years and has no problem with the petitioner s proposed usage. Commissioner Ruter questioned the hours of operation, inquiring if the center would possibly need to stay open later than 7p.m. (especially if a student cannot drive). Mr. Brady added that if employees are at the facility, they would not be in violation if the facility is open later than 7p.m. The petitioner stated that this sort of situation would rarely happen because typically, due to the short tutoring session (30 minutes), parents usually wait in a waiting area for their children. Commissioner Brinckerhoff asked if the business would be open only on school days or on vacation days and holidays as well. The petitioner replied that the business would be open 7 days a week and maintain the 3 7p.m. hours. Chairman Bucklin opened the meeting up the public; no one spoke. He then closed the public portion of the meeting. MOTION: Commissioner Ruter made a motion to recommend the Village Board of Trustees grant Conditional Use approval for P SMK Education at 4350 DiPaolo Center in accordance with the following: 1. Conditional Use in accordance with the provisions of Chapter 98, Article III, Section (d) and Article II, Section 98 50(a)(4) of the Glenview Zoning Ordinance, a tutoring center within a tenant space upon the subject property, a B1 specialty school use in an I2 Light Industrial District, shall be permitted subject to the following conditions: 13

14 A. The use shall be permitted in the building depicted on the Site Plan labeled SD 2 and dated June 24, B. The hours of operation shall be from 3:00 p.m. to 7:00 p.m., seven days per week. C. No outdoor operations shall be permitted. D. There shall be no outdoor displays or attention getting devices on the premises. E. If the education center is abandoned or discontinued for more than 3 months, the conditional use shall be rescinded. F. The conditional use will lapse within 180 days unless the building permit enacting the conditions approved by the associated regulatory review is issued or the Certificate of Occupancy is issued within 180 days. 2. All materials presented to the Plan Commission on September 14, 2010; and associated revisions required by the Plan Commission. Commissioner Fallon seconded the motion. YEAS: Commissioners Brinckerhoff, Igleski, Ruter and Fallon NAYS: None ABSENTION: None 14

15 PROPOSED CONDITIONAL USE VILLAGE OF GLENVIEW PUBLIC NOTICE P Notice is hereby given that a public hearing will be held by the Glenview Plan Commission to consider a petition requesting a Conditional Use of the Glenview Zoning Ordinance. The meeting will be held on September 14, 2010 at 7:00 P.M., in the Village Hall, 1225 Waukegan Road, Glenview, Illinois in accordance with Chapter 65, Section 5/ of the Illinois Compiled Statutes. The property involved is commonly known as 4350 DiPaolo Center and legally described as: LOT 1 IN DIPALO S RESUBDIVISION OF LOTS 5, 6, AND 7 IN OWNER S SUBDIVISION OF THE SOUTH 925 FEET, MEASURED AT RIGHT ANGLES TO THE SOUTH LINE, OF THAT PART LYING WEST OF THE NORTHWESTERLY LINE OF RIGHT OF WAY OF DEERLOVE ROAD AND EAST OF THE SOUTHEASTERLY LINE OF THE RIGHT OF WAY OF THE CHICAGO AND NORTHWESTERN RAILWAY COMPANY OF LOTS 6 AND 7 IN DEERLOVE S SUBDIVISION OF LOTS 9 AND 10 IN COUNTY CLERK S DIVISION OF SECTION 32, TOWNSHIP 42 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN; AND LOT 3 IN OWNER S SUBDIVISION OF THAT PART OF THE SOUTH HALFOF THE SOUTHWEST QUARTER OF ECTION 32, TOWNSHIP 42 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN LYING EAST OF THE SOUTHEASTERLY LINE OF THE RIGHT OF WAY OF THE CHICAGO AND NORTHWESTERN RAILWAY COMPANY AND WEST OF THE NORTHWESTERLY LINE OF RIGHT OF WAY OF DEERLOVE ROAD EXCEPT THE NORTH 33.0 FEET AS MEASURED AT RIGHT ANGLES TO THE NORTH LINE THEREOF AND EXCEPT THE SOUTH FEET AS MEASURED AT RIGHT ANGLES TO THE SOUHT LINE OF SAID SOUTHWEST QUARTER, ACCORDING TO THE PLAT THEREOF REGISTERED AS DOCUMENT NO The petitioner, Min Sook Choi, SMK Education, Inc, requests a Conditional Use Ordinance in accordance with the provisions of Chapter 98, Article III, Section (d) and Article II, Section 98 50(a)(4) of the Glenview Zoning Ordinance to allow the operation of a tutoring center within a tenant space on the subject property, a B 2 use, in an I 2 Light Industrial District. All persons interested should attend and will be given an opportunity to be heard. For additional information regarding this case, please contact Jill Ziegler in the Planning Division, at (847) Glenview Plan Commission Steven K. Bucklin, Chairman ATTEST: Jeff Brady Director of Planning Publication Date: August 26,