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06/13/2011DES PLAINES PLAN COMMISSION JUNE 13, 2011 MINUTES The Des Plaines Plan Commission held its regularly scheduled meeting on Monday, June 13, 2011, at 7:00 P.M., in Room 102, City Council Chambers, of the Des Plaines Civic Center. PLAN COMMISSION PRESENT: Bar Lane Niemotka Perez ABSENT: Also present was Senior Planner, Scott Mangum. Chairman Niemotka called the meeting to order at 7:00 P. M. A motion was made by Commissioner Lane, seconded by Commissioner Bar, to approve the minutes of the May 31, 2011, hearing. AYES: Bar Lane Niemotka Perez NAYS: None MOTION CARRIED NEW BUSINESS Case Number 11 -019 -TA - Citywide Request: Text Amendment to the City of Des Plaines 1998 Zoning Ordinance, as amended, amending Table 7.3.1, Commercial Districts Use Matrix, regarding the Child Care Center use in the CO3, General Commercial District. Petitioner: I -T Day Care Center, 1637 Oakton Place, Des Plaines, IL 60018 Petitioner, Yun Lyu, owner of I -T Day Care Center, was sworn in. She has been running the center since 1992 with 5 children. She now has 86 children with 32 on a waiting list. Therefore, she needs the additional space, two doors away at 1631 Oakton Place. Commissioner Lane asked if a Conditional Use Permit had been approved. Ms. Lyu stated she purchased the business from the former owner who had been present for 13 years. Mr. Mangum explained that the center opened previous to the 1998 zoning ordinance. 11 -019 -TA — Citywide June 13, 2011 Page 2 Chairman Niemotka noted that there were no members in the audience to ask questions. Chairman Niemotka called for the Staff Report to be read by Mr. Mangum. Issue: Text Amendment to the City of Des Plaines 1998 Zoning Ordinance, as amended, amending Table 7.3.1, Commercial Districts Use Matrix, regarding the Child Care Center use in the C-3, General Commercial District. Analysis: Text Amendment Report Petitioner: I -T Day Care Center, 1637 Oakton Place, Des Plaines, IL 60018 Address: Citywide Case Number: 11-019-A Background Information The property owner that is requesting the text amendment applied for a business license to expand an existing legal non -conforming Child Care Center at 1637 Oakton Place. The property is located in the C-3, General Commercial, Zoning District where a Child Care Center is not a permitted use per the Commercial Districts Use Matrix, Table 7.3.1. Therefore, the applicant has requested a Text Amendment to amend the Use Matrix so that a Child Care Center would be a Conditional Use in the C-3 Zoning District. Child Care Centers are already Conditional Uses in the C-1, C-2, and C-4 Districts and Permitted by Right in the C-5 District. The Zoning Ordinance (attachment 3) provides a definition for a Child Care Center as well as development standards for Child Care Centers. Future applications for Child Care Centers in the C-3 District would be evaluated on a case-by-case basis depending on the context of the proposed location and in relation to the development standards. To properly evaluate the text amendment request, the standards below, which are contained in Section 3.7-5 of the Zoning Ordinance, must be employed. Following is a discussion of those standards: A. Whether the proposed amendments are consistent with the goals, objectives and policies contained in the Comprehensive Plan: Comment: The City of Des Plaines Comprehensive Plan, adopted by the City Council in 2007, does not specifically address the proposed use, however, child care provides a service to both the residential and employment sectors. B. Whether the proposed amendments are compatible with the current conditions and the overall character of existing developments in the immediate area: Comment: The Zoning Ordinance states that the purpose of the C-3 General Commercial District is to accommodate a variety of businesses in locations to serve the community of Des Plaines. A Child Care Center may or may not be appropriate depending on the type of uses in proximity to a proposed location in the C-3 District. C. Whether the amendments are appropriate considering the adequacy of public facilities and services available to the property: Comment: The proposed amendments to permit Child Care Centers in the C-3 District with a Conditional Use Permit should not have a direct affect on public facilities or services. 11 -019 -TA — Citywide June 13, 2011 Page 3 D. Whether the proposed amendments will have an adverse effect on the value of properties throughout the jurisdiction: Comment: The proposed amendment would allow additional land uses for properties within the C-3, General Commercial Zoning District. This may improve the value of these properties and should not have an adverse effect on properties as a whole. E. Whether the proposed amendments reflects responsible standards for development and growth: Comment: This zoning text amendment does not appear to conflict with the City's Comprehensive Plan, the official policy guide to future land use, development, and conservation with the community. Therefore, the proposed text amendment would not appear to be in conflict with responsible standards for development and growth. Recommendation: Based on the above analysis, the Community and Economic Development Department recommends approval of the requested text amendment regarding Child Care Centers. The C-3, General Commercial District may be an appropriate location for Child Care Centers depending on the individual location. Many C-3 Districts are accessible to residential and employment areas. Plan Commission Procedure: Under Section 3.7-4 of the Zoning Ordinance (Amendments) the Plan Commission may vote to recommend approval, approval with modifications, or disapproval. The City Council has the final authority on Amendments to the Zoning Ordinance. Commissioner Perez expressed concerns regarding additional traffic from the additional children. Mr. Mangum stated it was an excellent point and that if the Text Amendment was approved by the Plan Commission and City Council, Conditional Use Permit requests would go before the Zoning Board, requiring a traffic study, etc. Ms. Lyu pointed out that the children are not all coming in and leaving at the same time. Ms. Lyu also explained that the children arrived and left in shifts: 1/4 come in at 6:00 am, 1/4 at 7:45 am, 1/4 at 9:30, and 1/4 at 10:00 am. Therefore, traffic is not an issue. Commissioner Bar asked if there were any requirements for the number of children in a childcare center. Mr. Mangum stated that there was a requirement of 35 square feet per child inside structure and 75 square feet per child outside for a childcare center. A motion was made by Commissioner Bar, seconded by Commissioner Lane, to recommend approval of the Text Amendment to the City of Des Plaines 1998 Zoning Ordinance, as amended, amending Table 7.3.1, Commercial Districts Use Matrix, regarding the Child Care Center use in the C-3, General Commercial District. AYES: Bar, Lane, Niemotka, Perez NAYS: None MOTION CARRIED A unanimous motion was made to adjourn the meeting. The meeting was adjourned at 7:15 P. M. 11 -019 -TA — Citywide June 13, 2011 Page 4 Sincerely, Robert Niemotka, Chairman Des Plaines Plan Commission cc: City Officials Aldermen Plan Commission Petitioner(s)