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HomeMy WebLinkAboutPLAN COMMISSION - 04/19/2006 - 06-3/TEXT AMEND/FINANCIAL INSTIT & 06-4/TEXT AMEND/OFFICE PARK TRANS USES Elk Grove Village 4 Celt/ Plan Commission Minutes (` April 19,2006 SUN 1 • ?006D u Present: F. Geinosky FhA�11 1 1 10F T.Thompson D.Paliganoff E.Hauser P. Ayers J.Glass D. Sokolowski C.Henrici Absent: J.Meyers Staff: G.Knickerbocker,Village Attorney M.Roan,Assistant to the Village Manager A.Boffice,Director of Engineering&Community Development S. Trudan,Assistant Director of Community Development Petitioner: NONE Chairman Glass called the meeting to order at 7:05 p.m. Item 1: April 5 Meeting Minutes Secretary Geinosky motioned to approve the meeting minutes.Commissioner Thompson seconded the motion. Upon voting(Glass,Geinosky,Hauser,Henrici,Paliganoff,Ayers, Sokolowski, Thompson,AYES, Meyers,ABSENT)the motion carried. Item 2: Teat Amendments to Zoning Ordinance —Financial Institutions as Special Use PC Docket#06-3 Chairman Glass read the petition into the record. Attorney G.Knickerbocker stated that the Village would be serving as the petitioner and that this request and recommendation,which was originally considered by the Plan Commission,has subsequently been reviewed and recommended by the Judiciary,Zoning and Planning Committee. The Director of Engineering&Community Development,A.Boffice,distributed a revised recommendation to the Plan Commission. The revised recommendation included a definition of "Financial Institutions"and the elimination of"Drive-In Banking Facilities"from the list of Conditional Uses in Section 7B-1-2:C. G.Knickerbocker noted that this is fairly straightforward as it has already been reviewed and recommended by the JPZ Committee. Commissioner Hauser questioned 7B-1-2:E and asked whether or not it should say"including" instead of"except." G.Knickerbocker recommended that the Commission just eliminate"except drive thru facilities" in 7B-1-2:E. - 1 - Chairman Glass recommended that they add into the definition of banks:"see financial institutions." The Village Attorney stated that since"Financial Institution"included the word "bank"in its definition,the Plan Commission should remove every reference to"Banks"in the prepared amendment. Commissioner Paliganoff questioned if this would affect insurance agencies since they provide loans that are FDIC insured. G.Knickerbocker stated that staff preferred to leave some wiggle room to allow the Director of Engineering&Community Development flexibility when determining what requires a Special Use due to changing uses over time. Chairman Glass stated that it is intended to be institutions that find themselves primarily used as financial institutions. G.Knickerbocker stated that as long as the minutes reference the fact that the intent of the ordinance is to require those institutions whose primary function is financial to obtain a Special Use,they would be covered. It was determined that the intent of the law would not be to include insurance agencies. Commissioner Hauser stated that the clause allowing staff to consider aesthetics was too broad. Commissioner Ayers felt that it offered subjectiveness and gave staff another reason to say no to the petitioner. A.Boffice noted that there are several other references to"aesthetics"in the Zoning Code and that the wording was not meant to allow more latitude,but to instead maintain what the Village already has on the books. Commissioner Hauser asked if they should eliminate"drive thru"in Section 7B-1-2:E from the Special Use language. A.Boffice stated that they should. It was further noted that everywhere it states"banks","including drive thru facilities"and"except drive-in facilities"be removed from the ordinance. Commissioner Hauser asked about a reference to land banking. A.Boffice noted that staff is still looking into the issue of land banking and that the item is not before the Plan Commission. After a lengthy discussion,it was further noted that everywhere it says"except drive-in facilities" be replaced with"including drive-in facilities"to the titles of the following sections: Section 7B-1- 2:E, Section 7B-2-2:E,and Section 7B-3-2:E in order to better distinguish banks with drive-thru facilities and stand alone banks with no drive-thru facilities. Commissioner Thompson questioned if it should be a"drive in"facility. A.Boffice noted that the Village already defines it as a"drive thru"throughout the Zoning Code. Commissioner Thompson asked if that included ATM machines. A.Boffice noted that ATM machines require Special Use permits. Secretary Geinosky referenced A.Boffice's memorandum to the Village Manager dated November 4,2005,with regard to the negative economic impact that further development of banks will have on the Village's ability to generate revenue. Secretary Geinosky recommended that the Plan Commission include in their finding that additional banks and their branches should be prohibited in the future. Commissioner Thompson noted his concern that many banks are consolidating. When they do, they leave behind buildings that have little use to any other type of business,and therefore creating the potential for blighted buildings in the community. - 2 - Commissioner Hauser noted that the use of the word"prohibit"in A. Boffice's memo,that Secretary Geinosky referenced,was rather strong and should be replaced with"limit." Chairman Glass asked if they could attach a provision that would require a financial institution to restore the facility to a commercially viable facility if the cease being a financial institution. G. Knickerbocker stated that it would be up to the Plan Commission to include as a condition of the Special Use permit on a case-by-case basis. He noted that if it looks like it could be a white elephant in the future,inclusion of the condition would be a good idea. Commissioner Paliganoff asked if a landlord could bring in another bank,once the old bank left, without getting a Special Use permit. A.Boffice noted that once the granted use is vacated,the only permitted use for the facility would be what is permitted by code. If they wanted-another bank,they would have to apply for a Special Use permit. Chairman Glass asked about the Dr.Boyajian property. A.Boffice stated that staff has talked about this, and that the use does not run with the land. Commissioner Paliganoff noted that it is difficult to replace a bank with a compatible use. He questioned what happens if they have a drive-thru? G.Knickerbocker noted that if the bank left and another came back and also wanted a drive-thru they would still have to file for a Special Use permit. A. Boffice noted that changing owners would not affect the use. Commissioner Henrici questioned staff if text amendment would have any effect on any existing financial facilities. A.Boffice stated that it would not affect any existing facilities. There being no further questions,Chairman Glass opened the hearing for public comments. Being that there were no further questions or comments from the Plan Commission or audience, Chairman Glass asked for a motion. RECOMMENDATION Secretary Geinosky moved to recommend approval of the text amendment as follows: 1) Section 711-1-2:11 Eliminate"Banks(except drive-in facilities)"from the list of permitted uses. Section 7B-1-2:C Eliminate"Drive-Iii Banking Facilities"from the list of Conditional Uses. Section 7B-1-2:E Add the following language to Special Use: "Financial institutions(including drive-thru facilities) In granting a Special Use permit for financial institutions, the Village shall consider the following requirements and conditions: 1. Esthetics 2. Compatibility with surrounding uses 3. The need for the use in the area proposed - 3 - 4. The benefit to the Village to be derived from the granting of the Special Use Permit 5. That the traffic generated from the use will not have a deleterious effect on existing uses in proximity to the proposed use nor on the public streets. 2) Section 711-2-2:11 Amend the language to the third paragraph of this section as follows: "Retail sales and consumer service uses, except for financial institutions and those uses listed under subsection D of this section". Section 7B-2-2:E Add the following language to special uses: "Financial institutions(including drive-thru facilities) In granting a special use permit for financial institutions, the Village shall consider the following requirements and conditions: 1. Esthetics 2. Compatibility with surrounding uses 3. The need for the use in the area proposed 4. The benefit to the Village to be derived from the granting of the Special Use Permit 5. That the traffic generated from the use will not have a deleterious effect on existing uses in proximity to the proposed use nor on the public streets 3) Section 7B-3-2:B Eliminate"Drive-In Banks"from the list of permitted uses. Section 7B-3-2:E Add the following language to Special Uses: "Financial institutions(including drive-thru facilities) In granting a special use permit for financial institutions, the Village shall consider the following requirements and conditions: 1. Esthetics 2. Compatibility with surrounding uses 3. The need for the use in the area proposed 4. The benefit to the Village to be derived from the granting of the Special Use Permit 5. That the traffic generated from the use will not have a deleterious effect on existing uses in proximity to the proposed use nor on the public streets 4) Section 7B-5-2:11 Eliminate`Banks(except drive-thru facilities)"from the list of permitted uses. Add a new section, Section 711-5-21). entitled Special Uses, containing the following language: "Financial Institutions" In granting a Special Use permit for financial institutions, the Village shall consider the following requirements and conditions: - 4 - 1. Esthetics 2. Compatibility with surrounding uses 3. The need for the use in the area proposed 4. The benefit to the Village to be derived from the granting of the Special Use Permit 5. That the traffic generated from the use will not have a deleterious effect on existing uses in proximity to the proposed use nor on the private streets 5) Section 7C-2:B To clarify the fact that financial institutions are not a permitted use in the Office Transition District, eliminate "Credit Agencies" from the list of permitted uses, and amend "Investment companies"to"Investment companies,except financial institutions" 6) Section 7D-2: In the list of permitted uses, eliminate "Drive-in business facilities exclusive of drive-in restaurants",and eliminate"Financial Institutions". 7) Section 2-2: • In the list of definitions,add the followine: a) BANKS: See Financial Institutions b) FINANCIAL INSTITUTION: A bank, saving and loan, credit union or similar financial related institution. In addition,it was the PIan Commission's concern with the negative economic impact that further development of banks could have on the Village's ability to generate revenue,as to why additional banks and their branches should be limited within the Village. Commissioner Henrici seconded the motion. Upon voting(Glass,Geinosky,Hauser,Henrici, Paliganoff, Ayers,Sokolowski,Thompson,AYES,Meyers,ABSENT)the motion carried. Item 3: Text Amendments to Zoning Ordinance —Parking Requirements PC Docket#06-3 Chairman Glass read the petition into the record. Director of Engineering&Community Development,A.Boffice,stated that this request,as it pertains to required parking for commercial,retail,medical,dental and hair care,has been reviewed and proposed by the Judiciary,Zoning and Planning Committee and the Village Board. After reviewing the availability of parking in various commercial,retail,medical and service lots, such as Office Depot,Town Center,and the Elk Crossing Shopping Center,it was determined that the required number of stalls can be reduced for certain classifications. A. Boffice noted that the JPZ's recommendation included the following: 1. Reduction in the amount of required parking spaces for customer service and retail uses from one(1)space for each 180 square feet of gross floor area to one(1)space for each 200 square feet of gross floor area; 2. Reduction in the amount of required parking spaces for medical and dental clinics from one(1) space for each 125 square feet of gross floor area to one(1)space for each 150 square feet of gross floor area;and - 5 - 3. Reduction in the amount of required parking spaces for hair care uses from one(1)space for each 100 square feet of gross floor area to one(1)space for each 150 square feet of gross floor area. Commissioner Sokolowski raised a concern about shopping centers and what would happen if a specific use left. A.Boffice stated that the required amount of parking would be re-calculated to determine the availability of parking. If it was determined that there was insufficient parking,the business owner could petition the Village for a variation of the required parking or execute a shared parking agreement. If they are unable to do either of those options,the proposed use is turned down. Secretary Geinosky asked if the Plan Commission approves this change if the shopping center owners can re-stripe their parking lots. A.Boffice stated that since they are not changing the size of the parking stalls,there would be no need to re-stripe the parking lots. He also noted that all ithat would be changed would be the number of required stalls. Secretary Geinosky asked if there would be any negative impacts. A.Boffice stated that there would not. Chairman Glass asked A.Boffice if he has seen any potential problem areas. A.Boffice noted the Devon and Rohlwing shopping center. G.Knickerbocker stated that the problem has been because of the success of the businesses and that staff'is working to resolve those issues. G.Knickerbocker noted that in the beginning it looked good on paper,but the Village has found that their plan did not really work Commissioner Henrici asked where it was located in the Zoning Ordinance. A.Boffice stated that it was in Section 4-3-1. Chairman Glass noted that the word"bank'appears in this section. G. Knickerbocker stated that they would remove"bank"and replace it with"financial institution" when they wrote up the amendment. RECOMMENDATION Commissioner Hauser moved to recommend approval of the text amendment as follows: 1. Reduction in the amount of required parking spaces for customer service and retail uses from one(1)space for each 1 g0 square feet of gross floor area to one(1)space for each 200 square feet of gross floor area; 2. Reduction in the amount of required parking spaces for medical and dental clinics from one(1)space for each 125 square feet of gross floor area to one(1)space for each 150 square feet of gross floor area; 3. Reduction in the amount of required parking spaces for hair care uses from one(1)space for each 100 square feet of gross floor area to one(1)space for each 150 square feet of gross floor area;and 4. Remove the word"Bank"from Section 4-3-1 and replace it with"Financial Institution." Commissioner Henrici seconded the motion. Upon voting(Glass,Geinosky,Hauser,Henrici, Paliganoff, Ayers,Sokolowski,Thompson,AYES,Meyers,ABSENT)the motion carried. 6 Item 4: Text Amendments to Zoning Ordinance -Parking Stall Requirements PC Docket#06-3 Chairman Glass read the petition into the record. The Director of Engineering&Community Development A.Boffice stated that the Industrial/Commercial Revitalization Commission has looked at the problems that some businesses are having in regard to long-term employee parking within the I-1 and I-2 Zoning Districts, primarily in the area north of Higgins Road. As a result, some businesses are trying to obtain permission to create parking lots in front of their buildings. A. Boffice feels that this will help eliminate the need for parking in the front of the building and preserve what the ICRC has done within the Business Park. It was noted that the Institute of Transportation Engineers considers parking stalls of 8 %a' in width acceptable for the following uses: office employees,residential,airport,hospitals,industrial, commuter and university. Commissioner Henrici questioned approximately how many additional spaces would be created in the area north of Higgins Road if this were approved. A.Boffice noted that on average, approximately one(1)or two(2)additional stalls would be created. A.Boffice noted that it would also assist businesses at other locations within the Business Park. Chairman Glass asked what changed in the Business Park that created the current issue. A. Boffice noted that there has been a reduction in the number of machine shops and an increase in the number of retail type services. He reiterated that this change would only be for the employee parking areas. Chairman Glass asked how staff would enforce an employee only parking area. Alan Boffice stated that we could require the building owner to install signage and have those stalls only for employees to be located further away from the entrance of the building.They would still require nine foot(9')stalls in the front of the building. Secretary Geinosky questioned the date of the report that noted smaller parking stall sizes. A. Boffice noted that the report was published in 1999. Secretary Geinosky asked A.Boffice if he felt that 8 %2'was adequate for parking. A.Boffice stated that 8 %a' was adequate for parking based on the limited amount of turnover. A.Boffice also noted that the recommended changes would not have any affect on the width of the parking lot aisles or the length of the parking stalls. RECOMMENDATION Commissioner Paliganoff moved to recommend approval of the text amendment as follows: 1. Create a Section in Exhibit E of the Zoning Ordinance for Industrial Zoned Parking; 2. Add an"****"in Column S noting that parking stall widths in the 1-1 and I-2 Zoning district may be reduced to 8.5 feet in width when used exclusively for employee parking and marked as such; and 3. Reduce the required width of an employee parking stall in 1-1 and 1-2 zoned districts from nine feet(9')to eight and a half feet(8.5')for employee parking,when properly posted. - 7 - Secretary Geinosky seconded the motion. Upon voting(Glass,Geinosky,Hauser,Henrici, Paliganoff, Ayers, Sokolowski,Thompson,AYES,Meyers,ABSENT)the motion carried. Item 5: Text Amendments to Zoning Ordinance -Office Park and Office Transitional Uses PC Docket#06-4 Chairman Glass read the petition into the record. The Village Attorney noted that when the Village created Northwest Point,it was to be developed as a high-end office park in the late 1970s and early 1980s. G.Knickerbocker noted that recently the Village has been made aware that Northwest Point is being marketed in a way that would deviate from the Village's intended use. Certain ancillary uses are being marketed within the zoning district that would,in effect,be the primary use rather than an accessory use to an acceptably permitted primary use. The Plan Commission asked staff how an ancillary use is defined within the Zoning Ordinance., A. Boffice noted that ancillary use is also defined as an accessory use. An accessory use would be any use,other than the principal use,directly incidental to or required for the enjoyment of the permitted use of any premises. G.Knickerbocker stated that ancillary and accessory are interchangeable terms. A.Boffice noted that if it is listed as an accessory use,the Village wants to maintain the use as an accessory use and not a primary use. Commissioner Henrici asked how convention centers fit into this. G.Knickerbocker stated that they have to be an accessory use to a restaurant or hotel. G.Knickerbocker stated that there is a difference between a convention center and a convention facility. A.Boffice noted that the Village maintains the right to amend any petition in order to let it in. Chairman Glass stated that this change would provide a level of control for the Village. G. Knickerbocker stated that the original Zoning Ordinance was made overly vague and overly broad, and as a result it needs to be tightened. RECOMMENDATION Commissioner Ayers moved to recommend approval of the text amendment as follows: 1) Amend Section 7C-2:13. in the O-T District as follows: `Business service and administrative offices,not including any associated lodge or hall; nor conference and meeting facilities in excess of twenty-percent(201/o)of the gross floor area of the permitted use. Illustrative examples of such uses are as follows: (The existing list is reinserted here.) 2) Amend 713-2:to state: - 8 - II "USES PERMITTED: All uses presently permitted under Sections7C-2A,7C-2B and,7C- 2C of this Chapter shall be permitted within the Office Park Conditional Use District, 'and, in addition thereto,the following uses shall also be permitted'; And,amend the third sentence in the list as follows: "Convention and meeting facilities as an accessory use to restaurant,hotel or office buildings and not exceeding twenty-percent(20%)of the gross floor area of such use". Secretary Paliganoff seconded the motion. Upon voting(Glass,Geinosky,Hauser,Henrici, Paliganoff, Ayers, Sokolowski,Thompson, AYES,Meyers,ABSENT)the motion carried. Item 6: Adjournment Commissioner Ayers moved to adjourn and Commissioner Henrici seconded the motion. Upon voting(Glass,Geinosky,Hauser,Meyers,Henrici,Paliganoff,Ayers,Sokolowski,Thompson, AYES)the motion carried. The meeting was adjourned at 9:00 p.m. Respectfully submitted, Matthew J.Roan Assistant to the Village Manager C: Chairman and Members of the Plan Commission,Mayor and Board of Trustees,Village Clerk,Village Manager, Assistant Village Manager,Assistant to the Village Manager, Director of Engineering/Community Development,Director of Public Works,Fire Chief, Deputy Fire Chief(2),Assistant Fire Chief,Village Attorney. - 9 -