Jimano s Pizzeria Waukegan Road

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Plan Commission Staff Report SUBJECT: Conditional Use Approval for Jimano s Pizzeria at 2528 Waukegan Road MEETING DATE: November 9, 2010 TO: FROM: PROJECT MANAGER: Chairman and Plan Commissioners Jeff Brady, Director of Planning Jill Ziegler, Village Planner & Jonathan Wittig, Planning Intern CASE #: P2010 061 PROJECT NAME: ADDRESS: Jimano s Pizzeria 2528 Waukegan Road ACTION REQUESTED: Recommendation to the Village Board of Trustees APPLICANT / CONTACT: Rod Seale Tel: (847) 477 2259 2528 Waukegan Rd, Fax: (847) 599 2809 Glenview, IL 60025 OWNER: Joseph Ventrella Tel: (847) 749 0803 3315 Algonquin Road, Suite 640 Fax: (847) 749 0819 Rolling Meadows, IL 60008

Case History PROPOSAL: The petitioner, Rod Seale of Jimano s Pizzeria, is requesting approval of a conditional use to allow the operation of a dine in, carry out, and delivery food and beverage establishment in an existing tenant space at 2528 Waukegan Road, within the existing Heatherfield shopping center. The subject property is comprised of approximately 9.86 acres. The proposed use would occupy a tenant space comprised of approximately 1,297 square feet. The proposed use would be comprised of 4 7 on premise employees including at least one full time supervisor per shift and 1 5 delivery employees. Proposed hours of operation would range from 10:30 a.m. to 12:00 a.m. seven (7) days per week. The restaurant would provide dine in, carry out, and delivery of their menu items including pizza, ribs, sandwiches, salads, and pastas. The proposed restaurant would have a maximum of 12 seats at tables and at a counter adjacent to the entrance. The proposed use would occupy a tenant space formerly occupied by Pinocchio s Pizza. The prior conditional use for the tenant space expired three (3) months after Pinocchio s Pizza ceased operating within the tenant space. As such, a new conditional use permit would be required to allow the proposed use. Other than the proposed hours of operation, the proposed conditions of approval are the same as those previously approved for the prior tenant. PROJECT HISTORY: 10/08/10 Application Submitted PUBLIC OUTREACH: 10/21/10 Public notice published in Glenview Announcements 10/18/10 Public notice mailed to surrounding property owners 11/03/10 Appearance Commission Review (wall sign) 11/09/10 Plan Commission Public Hearing TBD Board of Trustees First Consideration TBD Board of Trustees Second Consideration NEIGHBORHOOD CORRESPONDENCE: At press time, staff had not received any correspondence from the public regarding the proposed conditional use. 2

Site Assessment GIS MAP: Property Identification Number (PIN): 04 23 303 053 0000 Current Zoning of Subject Property: Glenview B 2 General Business District Adjacent Zoning Districts: North: East: West South: Glenview R 4 Residential District Northfield R 1 Single Family Dwelling District & Northfield B 1 General Business District Glenview R 4 Residential District Glenview R 1 Residential District 3

AERIAL PHOTOGRAPHY: 4

PICTOMETRIC PHOTOGRAPHY: As viewed from the east As viewed from the north 5

Technical Review ZONING COMPLIANCE: RETAIL/COMMERCIAL Current Tenant Allowed/Required Existing/Proposed Compliance Zoning B 2 B 3 use in a B 2 Conditional Use Vehicle Parking Stalls 367 stalls (total) 458 stalls (shared) Yes 2502 Waukegan Road Jewel Osco 257 stalls 458 stalls (shared) Yes 2504 Waukegan Road Vacant 15 stalls 458 stalls (shared) Yes 2512 Waukegan Road Panera Bread 44 stalls 458 stalls (shared) Yes 2516 Waukegan Road UPS Store 4 stalls 458 stalls (shared) Yes 2520 Waukegan Road Dry Cleaners 4 stalls 458 stalls (shared) Yes 2524 Waukegan Road Hair Cuttery 4 stalls 458 stalls (shared) Yes 2528 Waukegan Road Jimano s Pizzeria 16 stalls 458 stalls (shared) Yes 2532 Waukegan Road Noodles Pho U 10 stalls 458 stalls (shared) Yes 2536 Waukegan Road Nail Chic 4 stalls 458 stalls (shared) Yes 2540 Waukegan Road Vacant 9 stalls 458 stalls (shared) Yes Zoning & Proposed Land Uses The petitioner is requesting a conditional use in order to allow a dine in, carry out, and delivery food and beverage establishment to occupy a tenant space within an existing multi tenant retail/commercial building. The proposed use is permitted by right only in the B 3 General Service District, but can be permitted in the B 2 zoning district with a conditional use. The tenant space is comprised of 1,297 square feet. The petitioner s proposed plans and executive summary confirm that all operations will occur within the confines of the existing building except for delivery service of made to order food and beverages. There would be no alterations to the existing site plan and the only modification to the exterior of the building would be new wall signage to identify the business. Parking Requirements The Zoning Ordinance stipulates formulas to be applied to the different uses comprising the proposed business operation 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 three (3) seats of Food & beverage service establishments One (1) parking space for every 300 square feet of Business & commercial establishments 6

Additional parking stalls as required to ensure that adequate parking is provided to accommodate motor vehicles of all employees, customers, and vehicles used in the conduct of the business. The above formulas have been applied to the existing tenant mix including retail, office, and restaurant uses. The subject property includes 458 existing parking stalls. In accordance with the above formulas, sixteen (16) parking stalls would be required for the proposed use during the highest use times, which includes (4) four stalls to accommodate indoor seating and up to twelve (12) stalls for employee vehicles. In total, 367 parking stalls would be required for the current mix of uses upon the subject property. Signage Final Appearance Approval for the proposed wall sign was granted on November 3, 2010 by the Appearance Commission. 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. 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. 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. 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. 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. Please refer to the petitioner s Conditional Use application within the attached application materials for detail regarding the petitioner s responses and justifications to the Conditional Use Standards. 7

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. Draft Motion for Approval 2. Public Notice 3. Petitioner s Exhibits 8

Draft Motion for Approval Motion to recommend the Village Board of Trustees grant Conditional Use approval for P2010 061 Jimano s Pizzeria at 2528 Waukegan Road in accordance with the following: 1. Conditional Use in accordance with the provisions of Chapter 98, Article III, Section 98 132(d) and Article II, Section 98 50(a)(3) of the Glenview Zoning Ordinance to allow the operation of a carry out and delivery restaurant within a tenant space upon the subject property, a B 3 use, in a B 2 General Business District shall be permitted subject to the following conditions: A. The use shall be permitted within the designated tenant space within the building depicted on the Plat of Survey dated July 23, 2004. B. The hours of operation shall be from 10:00 a.m. to 1:00 a.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 carry out food and beverage establishment is abandoned or discontinued for more than three (3) months, the conditional use shall be rescinded. F. Establishment of the conditional use shall be subject to the time limits set forth in Chapter 54, Section 2 of the Municipal Code. 2. All materials presented to the Plan Commission on November 9, 2010; and associated revisions required by the Plan Commission. 9

PUBLIC NOTICE P2010 061 PROPOSED CONDITIONAL USE 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 November 9, 2010 at 7:00 P.M., in the Village Hall, 1225 Waukegan Road, Glenview, IL in accordance with Chapter 65, Section 5/11 13 5 of the Illinois Compiled Statutes. The property involved is commonly known as 2528 Waukegan Road and legally described as: LOT 601 IN HEATHERFIELD UNIT 1, BEING A RESUBDIVISION IN SECTIONS 22 AND 23, TOWNSHIP 42 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED FEBRUARY 17, 1998 AS DOCUMENT 98125098 IN COOK COUNTY, ILLINOIS. The petitioner, Seale 76 Inc. doing business as Jimano s Pizzeria, represented by Rod Seale, requests a Conditional Use Ordinance in accordance with the provisions of Chapter 98, Article III, Section 98 132(d) and Article II, Section 98 50(a)(3) of the Glenview Zoning Ordinance to allow a carry out and delivery food and beverage establishment, a B 3 use in an B 2 Business District, to occupy a tenant space within an existing shopping center. All persons interested should attend and will be given an opportunity to be heard. For additional information regarding this case, please contact Jeff Rogers, Senior Planner, at (847) 904 4308. Glenview Plan Commission Steven K. Bucklin, Chairman ATTEST: Jeff Brady Director of Planning Publication Date: October 21, 2010 10