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01/09/2012DES PLAINES PLAN COMMISSION JANUARY 09, 2012 MINUTES DES PLAINES ILLINOIS The Des Plaines Plan Commission held its regularly scheduled meeting on Monday, January 9, 2012, at 7:00 P.M., in Room 102, City Council Chambers, of the Des Plaines Civic Center. PLAN COMMISSION PRESENT: Lane Niemotka Yi ABSENT: Bar Perez Also present was Senior Planner, Scott Mangum. Chairman Niemotka called the meeting to order at 7:00 P. M. NEW BUSINESS Case Number 11-072 —TA Property location: 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 c01, Neighborhood Shopping district to allow for an accessory dwelling unit as a Conditional Use. Petitioner: Joanne Heyden/Trustee of Heyden Declaration Trust, 699 Albany Lane, Des Plaines, IL 60016 Petitioner Joanne Heyden, was sworn in, attorney Barry Collins, representing Petitioner, was in attendance and stated that the petitioner had a purchaser of the day care business that also wished to purchase the dwelling next to the business to live in. This would keep the adjacent property from laying vacant. Three tax numbers would be combined into one by combining the lots. Commissioner Lane asked how many businesses would be included. Mr. Collins stated it was only for one business the child care center — a stand-alone building. The property next to it is a vacant residential building, which the purchaser was willing to purchase to live in and that would use the yard as a play area for the children. Normally you cannot have a residential property in a C-1 District and this amendment would allow the residence as a conditional use. The ages of the children from 6 weeks to 6 years old — Infants through 2 year olds would use one play area and 3 to 6 year olds in another play area. They are asking for horizontal rather than vertical mixed use. 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-1, Neighborhood Shopping District to allow for an accessory dwelling unit as a Conditional Use. Analysis: Text Amendment Report Petitioner: Joanne Heyden/Trustee of Heyden Declaration Trust, 699 Albany Lane, Des Plaines, IL 60016 Address: Citywide Case Number: 11-072-TA Background Information The applicant is requesting the text amendment in order to allow a residential unit on a property with a Child Care Center as a conditional use. The applicant has entered into a contract to sell adjacent properties on Prospect Avenue which are currently used as a Child Care Center. The prospective buyer is interested in living in an existing structure on one of the properties in addition to continuing the Child Care Center use. However, the proposed amendment would affect all properties in the C-1 Zoning District citywide (Attachment 2) and is not specific to a particular property. The amendment (see attachment 3) would amend the Commercial Districts Use Matrix (Table 7.3.1) by adding "Child Care Center with Accessory Dwelling Unit" as a Conditional Use within the C-1 District. A proposed footnote would state "Where the dwelling unit is located on the same lot of record as, and subordinate to, the Child Care Center and the Child Care Center proprietor resides in the dwelling unit." If the amendment is approved by City Council as proposed any Child Care Center wishing to include an accessory dwelling unit would be required to apply for a Conditional Use Permit that would be considered by the Zoning Board of Appeals and City Council on a case -by -case basis with the ability to attach conditions to mitigate potential impacts. 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 uses. However, a goal of the land use portion of the Comprehensive Plan is to provide diverse housing options with an objective to create provisions for "work/live" units. 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-1 Neighborhood Shopping District is to accommodate convenience businesses in locations close to residential neighborhoods. A Child Care Center is already a conditional use as a convenience to residential areas located around the C-1 Zoning Districts within the city. The amendment would allow an accessory residential unit within a commercial district. While this would alter the character of a commercial district, the C-1 zoned areas within the city are located adjacent to existing residential areas. C. Whether the amendments are appropriate considering the adequacy of public facilities and services available to the property: Comment: The proposed amendment to allow a Child Care Center with Accessory Dwelling Unit as a conditional use should not have a direct affect on public facilities or services. D. Whether the proposed amendments will have an adverse effect on the value of properties throughout the jurisdiction: Comment: The proposed amendment would allow an additional land uses for properties within the C-1, Neighborhood Shopping Zoning District. This may improve the value of these properties and should not have an adverse effect on properties as a whole, particularly with the ability to place conditions on operations through the Conditional Use Permit process. 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 with an Accessory Dwelling Unit. The C-1, Neighborhood Shopping Zoning District may be an appropriate location for the mixing of residential and commercial uses. 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. Chairman Niemotka asked if it was limited for the business owner to be the resident of the dwelling unit. Mr. Mangum stated that the footnote to the Commercial Use Matrix would require the resident of the dwelling unit to be a proprietor of the child care center. Commissioner Lane asked if it had to remain a residential unit or could be incorporated into the business in the future. Mr. Mangum stated in the future it could be used purely as a child care center. Chairman Niemotka called for questions or comments by members of the audience, either in favor of or in objection to the proposal. There were none. A motion was made by Commissioner Lane, seconded by Commissioner Yi, 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-1, Neighborhood Shopping district to allow for an accessory dwelling unit as a Conditional Use in accordance with the stipulations named in the staff memo. AYES: Lane, Niemotka, Yi NAYS: None MOTION CARRIED A unanimous motion was made to adjoum the meeting. The meeting was adjoumed at7:15 P. M. Sincerely, RobertNiemotka, Chairman Des Plaines Plan Commission cc: City Officials Aldermen Plan Commission Petitioner(s)