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07/24/2018Case #18-058-CU 1800 E. Oakton – Conditional Use Permit July 24, 2018 Page 1 DES PLAINES PLANNING AND ZONING BOARD MEETING JULY 24, 2018 MINUTES The Des Plaines Planning and Zoning Board Meeting held its regularly-scheduled meeting on Tuesday, July 24, 2018, at 7 p.m. in Room 102 of the Des Plaines Civic Center. ZONING BOARD Chairman Szabo called the meeting to order at 7:06 p.m. and read this evening’s cases. Roll call was conducted. PRESENT: Bader, Catalano, Hofherr, Saletnik, Schell, Szabo ABSENT: Fowler ALSO PRESENT: Michael McMahon, Director/Community & Economic Development Johanna Bye, AICP, Senior Planner/Community & Economic Development Patrick Ainsworth, Coord., Devel. Mgr./Community & Economic Development Stewart Weiss, General Counsel/Holland & Knight Gale Cerabona/Recording Secretary APPROVAL OF MINUTES A motion was made by Board Member Hofherr, seconded by Board Member Catalano, to approve the minutes of July 10, 2018, as presented. AYES: Hofherr, Catalano, Bader, Saletnik, Schell, Szabo NAYES: None ***MOTION CARRIED UNANIMOUSLY*** PUBLIC COMMENT There was no Public Comment. PUBLIC HEARING NEW BUSINESS 1. Address: 1523 E. Oakton Street Case 18-052-CU The petitioner is requesting a Conditional Use Permit under Section 12-7-3(F)3 of the 1998 Des Plaines Zoning Code, as amended, to allow a Commercially Zoned Assembly Use in the C-3 General Commercial District. Case #18-058-CU 1800 E. Oakton – Conditional Use Permit July 24, 2018 Page 2 PIN: 09-21-313-020-0000 Petitioner: Knanaya Catholic Society of Chicago, 1800 E. Oakton Street, Des Plaines, IL 60018 Owner: Knanaya Catholic Society of Chicago, 1800 E. Oakton Street, Des Plaines, IL 60018 Chairman Szabo swore in Lawrence M. Freedman, Law Offices Ash, Anos, Freedman & Logan, L.L.C., 77 W. Washington, Suite 1211, Chicago, IL; Javier Millan, Senior Consultant, KLOA, 9575 W. Higgins, Suite 400, Rosemont, IL; & Binu Poothurail, 515 Alie Drive, Northbrook, IL. Mr. Freedman advised the recent Text Amendment allowing community centers and places of worship in the C-3 General Commercial District (commercially zoned assembly uses) facilitated this. He gave background that the organization that originated in India years ago. Patrons are located in Chicago and suburbs. They are seeking a community center. Church locations are in Morton Grove and Maywood. A community center in Des Plaines would include: • outreach • community services • individual prayer sessions in small chapel • children’s programs/youth activities • dance classes • religious seminars • charitable events • wellness screenings and blood drives • office uses directly related to the organization The community center would be open to members as well as the public. No cooking will be performed on site nor will there be any outsourcing of space (no rentals for weddings, parties, etc.). Hours of operation are: Monday-Friday 2 p.m.-10 p.m. & Saturday-Sunday 10 a.m.-10 p.m. During weekdays, 70-100 people may be coming and going and 50 people present at one time. Attendance on weekends may have 70-100 people present at one time. Mr. Millan was introduced to provide information about the traffic study. He advised they conducted their study during peak periods of traffic, from 4 p.m.-7 p.m., to coincide with activities of the center. It was stated there would be significantly less traffic than an office building. He explained the traffic analysis. The traffic projected would have limited impact at intersections. Board Member Catalano asked if E is the access drive on the site? Mr. Millan advised it is. Chairman Szabo asked Staff to provide the Staff Report which Coordinator Ainsworth did: Issue: The petitioner is requesting a Conditional Use under Section 12-7-3(F)3 of the 1998 Des Plaines Zoning Ordinance, as amended, to operate a Commercially Zoned Assembly Use in the C- 3 zoning district. Analysis: Address: 1800 E. Oakton Street Case #18-058-CU 1800 E. Oakton – Conditional Use Permit July 24, 2018 Page 3 Owners: Knanaya Catholic Society of Chicago, 1800 E. Oakton Street, Des Plaines, IL 60018 Petitioner: Larry Freedman, Attorney, 77 W. Washington Street, Suite 1211 Chicago, IL 60602 Case Number: 18-058-CU Real Estate Index Number: 09-21-313-020-0000 Ward: #2, Alderman John Robinson Existing Zoning: C-3 General Commercial Existing Land Use: Commercial (office building) Surrounding Zoning: North: R-1 Single Family South: C-3 General Commercial East: C-3 General Commercial West: C-3 General Commercial Surrounding Land Use: North: Single Family Residential South: Commercial East: Commercial West: Commercial Street Classification: Oakton Street is a collector street Comprehensive Plan: The Comprehensive Plan designates the site as Mixed Use - Low Density Project Description: The petitioner, Mr. Larry Freedman is representing Knanaya Catholic Society of Chicago (KCS Chicago). The petitioner is requesting a Conditional Use Permit to operate a Commercially Zoned Assembly Use at 1800 E. Oakton Street. This property contains a two-story, 25,000 square foot building with a surface parking lot with 67 off-street parking spaces. The building was purchased by the current owner in late 2017. The owners are currently using part of the building as office space for their organization, but they are desirous to obtain a Conditional Use Permit and expand the activities offered in this building to include a community center, religious seminars, charitable events, youth programs and activities, dance classes and individual prayer sessions. Case #18-058-CU 1800 E. Oakton – Conditional Use Permit July 24, 2018 Page 4 Commercially Zoned Assembly Use is a new land use that was added to the Des Plaines Zoning Ordinance earlier this year. The definition of Commercially Zoned Assembly Use is provided below for reference: COMMERCIALLY ZONED ASSEMBLY USES: A use that is primarily for the purpose of the assembly of people, which can contain a combination of uses that take place in both principal and accessory structures. Such uses include: commercial theater, banquet halls, nightclubs, church, synagogue, temple, meeting house, mosque, or other place of worship. For allowable accessory uses, refer to the specific land uses defined in this Chapter. Such uses shall adhere to the off street parking requirements under “Assembly Use”. All the activities that the owners wish to be conducted out of this facility would fall under the place of worship and meeting house portions of the Commercially Zoning Assembly Use. Staff is recommending use conditions below to ensure that the activities identified in this application remain consistent unless the Conditional Use Permit is amended in the future. The applicants are not proposing any exterior modifications to the building. Additionally, the parking provided on-site exceeds the amount of parking required by the Zoning Ordinance. The proposed land use will require 54 off-street parking spaces and 67 off-street spaces are currently provided. As identified in the Project Narrative, nearly all proposed uses and activities will occur during times outside of normal business hours which will help to disperse traffic during non-peak hours. Additionally, the attached Traffic Study conducted by K.L.O.A. states that the road network is adequate to service the traffic generated from the proposed use. Conditional Use Findings: Conditional Use requests are subject to the standards set forth in Section 12-3-4(E) of the 1998 City of Des Plaines Zoning Ordinance, as amended. In reviewing these standards, staff has the following comments: A. The proposed Conditional Use is in fact a Conditional Use established within the specific Zoning district involved: Case #18-058-CU 1800 E. Oakton – Conditional Use Permit July 24, 2018 Page 5 Comment: Commercially Zoned Assembly Use is a Conditional Use, as specified in Section 12-7- 3(K) of the 1998 City of Des Plaines Zoning Ordinance, as amended, for properties in the C-3 General Commercial District. B. The proposed Conditional Use is in accordance with the objectives of the City’s Comprehensive Plan: Comment: The proposed use of the site is office and assembly use. The Future Land Use Map found in the Comprehensive Plan designates this site as Mixed Use – Low Density. This type of land use typically includes commercial spaces with a low amount of residential on the second floor. While this Commercially Zoned Assembly Use does not fall within Mixed Use – Low Density, the petitioner does not plan to expand or alter the existing building or property. This two story office building will be reactivated with a variety of uses including offices for KCS Chicago, children youth activities and other non-secular aspects. The types of activities and hours are identified in the application and staff is recommending conditions be placed on the Conditional Use Permit to ensure that this property is maintained for its intended purpose. 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 petitioner proposes to maintain the exterior of the building as-is. Additionally, no expansion of the building is being proposed at this time. As such, the proposed Conditional Use will be harmonious and appropriate in appearance as no changes are being proposed. D. The proposed Conditional Use is not hazardous or disturbing to existing neighboring uses: Comment: The petitioner proposes to reactivate the building for a variety of uses including offices, religious seminars, a community center, a gathering place for youth activities and other related aspects as identified in the application. These activities are spread throughout the week which will not be hazardous or disturb the existing neighbors. Additionally, Staff is recommending hours of operation restrictions be placed on the Conditional Use Permit to ensure that the surrounding properties are not negatively impacted. 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: The existing office building has been adequately served by essential public facilities and services. The proposed use will also be adequately served by essential public facilities and services. Case #18-058-CU 1800 E. Oakton – Conditional Use Permit July 24, 2018 Page 6 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 Commercially Zoned Assembly Use will not create excessive additional requirements at the public expense as the petitioner plans to use the existing building and property. The proposed Conditional Use will not be detrimental 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 Commercially Zoned Assembly Use will have activities dispersed throughout the entire week with most activities occurring during non-peak rush hours. Additionally, the applicants have identified their hours of operation to show that their various activities will occur throughout the week. As such, it is determined that there will not be any detriment to the public or to adjoining properties. 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 Commercially Zoned Assembly Use will not create an interference with traffic on surrounding public thoroughfares. According to the attached Traffic Study conducted by K.L.O.A, the traffic will be dispersed throughout the week and most of the traffic generated will occur during non-rush hours. Therefore, the proposed use will not interfere with traffic and the surrounding road network. I. The proposed Conditional Use does not result in the destruction, loss, or damage of natural, scenic, or historic features of major importance: Comment: The proposed Commercially Zoned Assembly Use will not cause the destruction, loss, or damage of any natural, scenic or historic features of major importance. The building and site were already developed and the petitioner is not proposing any exterior changes or expansions. Any building expansion will result in a new Conditional Use Application and require another public hearing. J. The proposed Conditional Use complies with all additional regulations in the Zoning Ordinance specific to the Conditional Use requested: Comment: The proposed Commercially Zoned Assembly Use meets all other requirements of the Zoning Ordinance for the C-3 General Commercial District. No variations or additional actions are requested beyond the Conditional Use Permit. Case #18-058-CU 1800 E. Oakton – Conditional Use Permit July 24, 2018 Page 7 Recommendation: I recommend approval of the Conditional Use Permit for the operation of a Commercially Zoned Assembly Use at 1800 E. Oakton Street based on a review of the information presented by the applicant and the findings made above, as specified in Section 12-3-4(E) (Standards for Conditional Uses) of the City of Des Plaines Zoning Ordinance, subject to the following conditions: Conditions of Approval: 1. That the property shall only be used as a Commercially Zoned Assembly Use for the following activities: a. Community services; b. Individual prayer services; c. Children’s programs/youth activities (not to be used as a full service school); d. Dance classes; e. Religious Seminars; f. Charitable Events; g. Wellness screenings and blood drives; and h. Office uses directly related to Knanaya Catholic Society of Chicago. Any expansion for any other proposed use shall require the property owner/applicant to obtain an amendment to the Conditional Use Permit. 2. That the property shall only be used for the aforesaid activities during the following times: a. Monday through Friday 2 pm to 9 pm (with occasional weekday morning use) and b. Saturday and Sunday 10 am to 10 pm. c. Any other hours of operation that are approved by the Director of Community and Economic Development 3. That a trash enclosure be constructed in the interior side yard to house all refuse containers. 4. That the two dead trees be removed from the subject property within 90 days of obtaining a Conditional Use Permit. Planning and Zoning Board Procedure: Under Section 12-3-4(D) (Procedure for Review and Decision for Conditional Uses) of the Zoning Ordinance, the Planning and Zoning Board has the authority to recommend that the City Council approve, approve subject to conditions, or deny the above-mentioned amendment to an existing Conditional Use Permit for a Commercially Zoned Assembly Use for the property at 1800 E. Oakton Street. The City Council has final authority on the proposal. Chairman Szabo asked if the Board has any questions. Board Member Catalano asked if Petitioner is aware of Staff’s Conditions. Mr. Freedman advised – yes, and they are acceptable. Case #18-058-CU 1800 E. Oakton – Conditional Use Permit July 24, 2018 Page 8 Chairman Szabo asked if this Society is part of the Archdiocese of Chicago. Petitioner advised – yes. Chairman Szabo asked if anyone in the audience is in favor or opposed to this proposal. The following audience member came forward and was sworn in: • James Koester 1498 Maple Mr. Koester stated his concerns/comments: o Hours of operation; will clean-up staff be there past 11 p.m.? Neighbors begin work at 6 a.m. o Will there be bells, audio speakers, etc.? Are any activities conducted outside that might affect neighbors? o Is this a prayer center or training center (like a school)? Will weddings or ceremonies be performed? o Wishes Petitioner the best in the future o The corner of Maple & Lee has flooded o Will there be living quarters? o Are neighbors welcome to come? Is this in the Indian or English language? o Noise factor at 10 p.m. Mr. Freedman replied to the above (in no certain order): • Programs (dance, etc. ) are available to everyone, not just community center members • Building or parking area will have no changes (regarding flooding) • No one will live there; not a residential use • There will be no outside noises or uses • There may be an individual cleaning the area (will use one parking space) for a short time after the center closes • Will not be a school/training center • Will have prayers in a small chapel • There won’t be any ceremonies performed • Services/activities will be in English and the petitioners’ native language A motion was made by Board Member Catalano, seconded by Board Member Bader, to recommend approval to City Council with 4 Conditions as presented by Staff. AYES: Catalano, Bader, Hofherr, Saletnik, Schell, Szabo NAYES: None ***MOTION CARRIED UNANIMOUSLY*** Chairman Szabo advised a recommendation for approval would be submitted to City Council. 2. Training Workshop Corporation Counsel & City Staff provided sage advice to the Board in a training workshop. Case #18-058-CU 1800 E. Oakton – Conditional Use Permit July 24, 2018 Page 9 OLD BUSINESS There was no Old Business. ADJOURNMENT On a voice vote, Chairman Szabo adjourned the meeting a 9:16 p.m. The motion carried unanimously. Sincerely, Gale Cerabona, Recording Secretary cc: City Officials, Aldermen, Zoning Board of Appeals, Petitioners