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08/30/2011DES PLAINES ZONING BOARD OF APPEALS 64,.. AUGUST 30, 2011 MINUTES DES PLAINES ILLANOIS The Des Plaines Zoning Board of Appeals Commission held its regularly scheduled meeting on Tuesday, August 30, 2011, at 7:30 P. M., in Room 102, City Council Chambers, of the Des Plaines Civic Center. ZONING BOARD OF APPEALS PRESENT: Catalano, Szabo, Saletnik, Hotherr, Porada, Seegers ABSENT: Also present was Senior Planner, Scott Mangum, Department of Community and Economic Development. Chairman Seegers called the meeting to order at7:33 P.M. Approval of the July 26, 2011, meeting minutes. A motion was made by Board Member Saletnik, seconded by Board Member Hotherr, to approve the minutes July 26, 2011, hearing. AYES: Szabo, Saletnik, Hotherr, Porada NAYES: None ABSTENTIONS: Catalano, Seegers MOTION CARRIED Case Number: 11 -037 -CU Address: 1631 Oakton Place Petitioner: Yun Lyu, I -T Day Care Center, 1637 Oakton Place, Des Plaines 60018 Request: The petitioner is requesting a Conditional Use Permit under Section 7.3-6-C of the 1998 Des Plaines Zoning Ordinance, as amended, to for the expansion of a Child Care Center in the C-3 Zoning District. Van Lyu, was sworn in and stated that she is the owner ofI-T Day Care Center. Mike Hartel, Designhaus Architect, in Elk Grove Village, was also sworn in, and stated that the petitioner wanted to expand her existing day care center into the vacant space. The students are children of single, working mothers. The shopping center has 7 spaces and wanted to expand into unit 1631. Chairman Seegers confirmed that the center currently has 82 children, 14 teachers, and operated from 6:00 am to 6:00 pm, Monday through Friday. Ms. Lyn stated that because they are hoping to have school age children for the new center, the children would check into the new day care center for before and after school care and holidays. Each center would operate independently. Case #11 -037 -CU - 1631 Oakton Place August 30, 2011 Page 2 Board Member Szabo asked why they didn't expand into the vacant space at 1641. Ms. Lyu explained that the owner of building had very expensive equipment in there and would rather have another restaurant tenant. Board Member Hofherr had a concern regarding the trucks for the fish market blocking access to the back of the building, where they had an emergency exit. He asked if the petitioner could ask the owner to do something about the trucks blocking the alley. Ms. Lyu stated she would ask the owner and commented that the owner was planning on moving to Forest Avenue in the next few months. Mr. Hartel asked if the City of Des Plaines could check into that Ms. Mangum stated they could and asked Ms. Lyu to contact the City. Ms. Lyu stated that the playground is within a fenced area. Board Member Hofherr noted that if there were ever a fire emergency at the day care center, the emergency vehicles would not be able to get through the alley. Board Member Porada asked in what districts where child care centers were allowed. Mr. Mangum explained that in July 2011, C-3 was added to the districts that allow for child care centers as a conditional use. Prior to that were Gl, C-2, C-4, and G5. Board Member Porada asked if any of the 26 parking spaces were handicapped spaces. Mr. Hartel stated that perhaps there would be one or two. Board Member Porada stated that the parking spaces would then be down to 24. Mr. Mangum stated that if there would be a shared parking agreement with the adjacent property to the north, it would not be a problem. Since there were vacant tenant spaces, the parking would not currently be a problem. However, when the properties were fully leased, parking may become a problem without the presence of a shared parking agreement. Board Member Porada asked if Mr. Hartel had entered into a shared parking agreement. Mr. Hartel stated he knew nothing about it. Board Member Porada asked about the number of children allowed in the play area. Mr. Mangum stated only 25 children would be allowed at one time in the play area based on the current size of the play area and zoning code regulations. He also asked further questions regarding the playground size permitted because there was no park with a certain distance, and not more than 1 child per 75 square feet. Why not just say no more than twenty-five children in the playground area at one time. Mr. Mangum stated that the proposed language would eliminate the petitioner having to come in again if they expanded the playground area in the future. Further discussion ensued back and forth regarding the occupancy of the playground area. Ms. Lyu stated that they have a rule not permitting more than one class to go out at one time (maximum of 18 children) to use the playground. Board Member Szabo concurred with the language regarding one child per 75 square feet. Board Member Porada stated that Ordinance 8.7-4 covered it and agreed that the language was not necessary. Chairman Seegers asked for the report to be read in by Mr. Mangum. Issue: The petitioner is requesting a Conditional Use Permit under Section 7.3-6-C of the 1998 Des Plaines Zoning Ordinance, as amended, to for the expansion of a Child Care Center in the C-3 Zoning District. Analysis: Proposed Use Child Care Center Petitioner Yun Lyu, I -T Day Care Center, 1637 Oakton Place, Des Plaines 60018 Case #11 -037 -CU - 1631 Oakton Place August 30, 2011 Page 3 Owner 1649 Oakton Place LLC, 1649 Oakton Place, Des Plaines, IL 60018 Plan of Operation Existing 5,835 SF Child Care Center with 86 children and 9 to 13 employees expanding to include 1,746 SF tenant space with 32 to 35 children and 4 employees from 6am to 6pm. Existing Use Vacant tenant space in multi -tenant building Surrounding Land Use North: Commercial East: Commercial South: Senior Independent Living West: Commercial Existing Zoning G3, General Commercial Surrounding Zoning North: C-3, General Commercial East: C-4, Regional Shopping South: C-3, General Commercial West: G3, General Commercial Street Classification Oakton Place is a local street according to the City's Comprehensive Plan. Comprehensive Plan The Comprehensive Plan recommends a Community Commercial Use for the site. I -T Daycare has requested a Conditional Use Permit to expand an existing legal nonconforming use in the C-3 Zoning District. The existing facility has been operating in this location for more than 20 years as it was established prior to the 1998 Zoning Ordinance. In July 2011 the City Council approved a Text Amendment to the Zoning Ordinance to allow Child Care Centers the ability to request a Conditional Use Permit in the C-3 Zoning District. The approximately 48,193 square foot lot has 178' of frontage on Oakton Place. The one-story building consists of 7 tenant spaces occupied by a fish market and processing center, offices, a vacant restaurant space, the existing daycare center (5,835 SF), a doctor's office, and the proposed space (1,746 SF). The existing tenant space at 1637 Oakton Place contains four classrooms, two infant areas, an indoor gym, and an outdoor play area. The proposed tenant space at 1631 Oakton Place is separated from the existing daycare by the doctor's office. The proposed floor plan would add two classrooms with the capacity for 35 additional children. The proposed plan of operation would allow a total of 121 children and 17 employees. Based on the parking requirements in the Zoning Ordinance of 1 space per 15 children and one space per employee, 26 parking spaces are required, where 26 spaces are provided on site. The adjacent lot, which contains a one-story commercial building and 38 parking spaces, is under the same ownership and was included in the parking and traffic study. As this parking may be necessary upon full occupancy of all tenant spaces, a condition of approval specifies that an approved legal agreement shall be recorded to ensure that parking on the adjacent parcel to the north is maintained and accessible to the Child Care Center in the future. The traffic and parking evaluation found that operations could continue to operate without need for modifications. Conditional Use Findings: As required by Section 3.4-5 (Standards for Conditional Uses) of the Zoning Ordinance, the proposed development is reviewed below: A. The proposed Conditional Use is in fact a Conditional Use established within the specific Zoning district involved: Comment: Child Care Centers are a Conditional Use in C-3, General Commercial Zoning District, as specified in Section 7.3-6-C of the 1998 City of Des Plaines Zoning Ordinance, as amended. Case #11 -037 -CU - 1631 Oakton Place August 30, 2011 Page 4 B. The proposed Conditional Use is in accordance with the objectives of the City's Comprehensive Plan: Comment: The Child Care Center use generally complies with the 2007 Comprehensive Plan, which recommends Community Commercial use for this site. A Child Care Center is a Conditional Use in the C-3 Zoning District. C. The proposed Conditional Use is designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity: Comment: The proposed Child Care Center would be located within an existing structure. No exterior alterations are proposed to the structure. D. The proposed Conditional Use is not hazardous or disturbing to existing neighboring uses: Comment: None of the functions of the child care center are anticipated to be hazardous or disturbing to the surrounding neighborhood. E. The proposed Conditional Use is to be served adequately by essential public facilities and services, such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools; or, agencies responsible for establishing the Conditional Use shall provide adequately any such services: Comment: After reviewing the petitioner's plans, the proposed Conditional Use would be served adequately by essential public facilities and it would not overburden existing public services. F. The proposed Conditional Use does not create excessive additional requirements at public expense for public facilities and services and will not be detrimental to the economic well-being of the entire community: Comment: The proposed Conditional Use would appear to have adequate public facilities, it would not create a burden on public facilities nor would it be a detriment to the economic well being of the community. G. The proposed Conditional Use does not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke fumes, glare or odors: Comment: The proposed Child Care Center expansion is not anticipated to create an amount of additional traffic and parking which cannot be accommodated by the existing street network according the traffic study provided. H. The proposed Conditional Use provides vehicular access to the property designed so that it does not create an interference with traffic on surrounding public thoroughfares: Comment: The proposed project would utilize an existing curb cut on Oakton Place for access. The traffic study did not find any evidence for potential interference with traffic patterns. I. The proposed Conditional Use does not result in the destruction, loss, or damage of natural, scenic, or historic features of major importance: Comment: No exterior building alterations are proposed. The proposed plan would not add impervious surface, nor cause the destruction, loss, or damage of any natural, scenic or historic features of major importance. J. The proposed Conditional Use complies with all additional regulations in the Zoning Ordinance specific to the Conditional Use requested: Comment: The following regulations are specific to Child Care Centers Case #11 -037 -CU - 1631 Oakton Place August 30, 2011 Page 5 8.7 Child Care Centers. 8.7-1 Child care centers shall in no case may the lot size or required frontage be less than that required by the zoning district in which the facility is to be located. There are no required frontage or minimum lot size requirements in the C-3 Zoning District. 8.7-2 Front, rear, and side yard setbacks shall be the same as for other uses permitted in the district. Additionally, no equipment may be affixed to the land within such side yards. The existing building and play equipment comply with the C-3 setbacks. 8.7-3 There shall be a minimum of 35 square feet of indoor activity area per child within the structure. Areas for administrative use, bathrooms, hallways, storage and kitchen areas, shall not be counted in calculating this requirement. Both the existing and proposed classroom spaces provide for at least 35 square feet per child 8.7-4 There shall be a minimum of 75 square feet of outdoor activity area per child that could be expected to be outdoors at any one time. Such activity area or portions thereof shall be enclosed by a fence meeting all the requirements of Title 6, Chapter 7 of the City Code. Up to twenty-five percent of this requirement may be waived by the Zoning Board of Appeals upon a finding that: A. A park or similar permanent open space, suitable for supervised outdoor play, is located within 500 feet of the proposed facility, B. The park or similar permanent open space, suitable for supervised outdoor play, is one (1) acre (43,560 square feet) or larger, and C. The park or similar permanent open space, suitable for supervised outdoor play, is accessible from the proposed day care/child care facility location without crossing any street. The existing fenced outdoor playground is 1,888 square feet, which would allow for 25 children to be outdoors at one time. A total of up to 121 children are proposed in the existing and proposed facility. A condition of approval limits the number of children that can be in the outdoor play area at any one time to not more than one child per 75 square feet. 8.7-5 Hours of normal operation shall be limited to 6:00 A.M. to 7:00 P.M. Proposed hours of operation are 6:00 A.M. to 6:00 P.M. Recommendation: The Community Development Department recommends approval of the Conditional Use Permit modification request for the establishment of a Child Care Center, based on review of the information presented by the applicant and the findings made above, as specified in Section 3.4-5 (Standards for Conditional Uses) of the City of Des Plaines Zoning Ordinance, subject to the following conditions of approval: 1. Prior to issuance of the Conditional Use Permit, the applicant shall submit a legal agreement approved by the City Attorney guaranteeing that the parking spaces on the adjacent lot to the north shall be maintained so long as the Child Care Center is in existence or unless the required parking is provided elsewhere in accordance with the Zoning Ordinance. The instrument shall also be recorded by the property owners with the County Recorder's Office. 2. The outdoor play area shall be fenced and be limited to not more than one child per 75 square feet of outdoor play area at any one time. Case #11 -037 -CU - 1631 Oakton Place August 30, 2011 Page 6 Zoning Board of Appeals Procedure: Under Section 3.4-4-C of the Zoning Ordinance (Conditional Uses) the Zoning Board of Appeals has the authority to recommend that the City Council approve, approve subject to conditions, or deny the above-mentioned Conditional Use Permit for the establishment of a Child Care Center in the C-3 zoning district. The City Council has the final authority on the project. Chairman Seegers asked for comments from the audience. There were none. A motion was made by Board Member Holbert, seconded by Board Member Szabo to recommend approval of the Conditional Use Permit under Section 7.3-6-C of the 1998 Des Plaines Zoning Ordinance, as amended, to for the expansion of a Child Care Center in the C-3 Zoning District with the following stipulations: Prior to issuance of the Conditional Use Permit, the applicant shall submit a legal agreement approved by the City Attorney guaranteeing that the parking spaces on the adjacent lot to the north shall be maintained so long as the Child Care Center is in existence or unless the required parking is provided elsewhere in accordance with the Zoning Ordinance. The instrument shall also be recorded by the property owners with the County Recorder's Office. 2. The outdoor play area shall be fenced and occupancy be limited to not more than one child per 75 square feet of outdoor play area at any one time. AYES: Catalano, Szabo, Saletnik, Holbert, Porada, Seegers NAYES: None MOTION CARRIED Mr. Mangum mentioned a couple of training classes if anyone was interested (Planning Commissioner Workshops (Chicago Metropolitan Agency for Planning) and Planning Officials Track (Illinois Chapter of the American Planning Association Conference). The meeting was adjourned at 8:15 p.m. by unanimous voice vote. Sincerely, A.W. Seegers, Chairman Des Plaines Zoning Board of Appeals cc: City Officials Aldermen Zoning Board of Appeals