Planning and Zoning Commission

Meeting Agenda CITY OF GENEVA PLAN COMMISSION JULY 10, 2014 MEETING #1146 1. Call to Order Location City Hall 2. Roll Call Council Chambers 3. Approval of Minutes: June 26, 2014 109 James Street Geneva, IL 60134 4. Public Hearings A. Planned Unit Development Amendment & Special Use – Time Request to amend Exhibit VII (Permitted Uses for the Commercial Tract) of Ordinance No. 89-48 (A Special Use as 7:00 p.m. a Mixed Use Planned Unit Development for Eagle Brook) to allow a “tattoo shop” as a Special Use and a request for a Commissioners Special Use to allow a tattoo shop at 1871 S. Randall Road. Dave Rogers, Chairman Location: 1871 S. Randall Road John Mead Applicant: Ramiro Guillen Fred Case Mike Dziadus B. Planned Unit Development Amendment & Special Use – Joel Erickson Request to amend Exhibit VII (Permitted Uses for the Commercial Tract) of Ordinance No. 89-48 (A Special Use as Mim Evans a Mixed Use Planned Unit Development for Eagle Brook) to Cindy Leidig allow a “animal boarding” as a Special Use and a request for Scott Stocking a Special Use to allow animal boarding at 1881 S. Randall Ron Stevenson Road. Location: 1881 S. Randall Road Staff Liaison Applicant: Dan Markwalder David DeGroot City Planner C. Planned Unit Development Amendment – Request to amend Section 2 (Residential Area Development Standards) Phone: (630) 232-0814 Paragraph F (Setback Requirements/Building Envelopes) of Email: ddegroot@geneva.il.us Ordinance No. 97-24B (A Special Use as a Mixed Use Planned Unit Development for the North Riverfront Redevelopment Project) to increase the allowable floor area ratio from 0.5 to 1.0 for lots 4 through 8 in the North Riverfront Planned Unit Development. Location: 119/121 N. 1st Street Applicant: Dave Patzelt 5. Concept Review  Plan Commission Agenda Page 2 of 3 July 10, 2014 A. Planned Unit Development – Request for review of a planned unit development for the Windy Acres Farm located at 37W446 Fabyan Parkway in Geneva, Illinois. The property is located in unincorporated Kane County and is adjacent to Resurrection Cemetery, which is currently being considered for annexation into the City’s corporate limits. The application for the Windy Acres planned unit development will be reviewed by the Kane County Zoning Board of Appeals on July 7, 2014, the Kane County Development Committee on July 9, 2014, and the Kane County Board on August 12, 2014. Kane County staff has requested any comments the City of Geneva may have on the request. 6. Public Comment 7. Other Business 8. Adjournment This Plan Commission meeting is being audio tape recorded, transcribed by a court reporter and/or summary minutes are being taken by a recording secretary. The City of Geneva complies with the requirements of the Americans with Disabilities Act of 1990. Individuals with disabilities who plan to attend this meeting who require accommodations in order to allow them to observe and/or participate in this meeting are requested to contact the Planning Division at 630-232-0818 at least 48 hours in advance of the meeting to allow the City of Geneva to make reasonable accommodations for those persons.  Plan Commission Agenda Page 3 of 3 July 10, 2014 PROCEDURE FOR PUBLIC HEARINGS It is the Plan Commission’s job to conduct public hearings in order to receive testimony for and against petitions for general amendments to the zoning ordinance, zoning map amendments, zoning text amendments, special use permits and amendments to special use permits. The procedure followed for public hearings is as follows:  First, the Plan Commission secretary or the designated representative will read or describe written items, reports, and plans into the record.  Second, the petitioner will present testimony in favor of the petition and will present any supporting plans or exhibits.  Third, the Commission members will have an opportunity to question the petitioner.  Fourth, the Commission will then receive citizen testimony both for and against the petition. Questions about the proposal may be directed to the petitioner or petitioner’s witnesses and questions about the Plan Commission process itself may be directed to me. Following such testimony the petitioner and the Plan Commission may ask questions of those who testified.  Finally, the petitioner may provide a rebuttal to any testimony in opposition. When all the testimony is brought into the record the hearing will be closed and the Plan Commission will make a recommendation to the City Council in the form of a motion or motions.  In order to give testimony, you must provide your name and address on the registration sheet located at the entrance of the hearing room and sign in the space provided. By signing the registration sheet, you agree and understand that anything you say will be considered sworn testimony and affirm to tell the truth, the whole truth and nothing but the truth.  When giving testimony please approach the lectern, speak directly into the microphone so that you may be heard. Please begin by stating your name and giving your address. If you speak additional times, please state your name each time for the record.  Please be concise when presenting your testimony and if your point has already been made, it is not necessary to repeat it. Each of these points is recorded and will be considered as the Plan Commission develops findings of fact and a recommendation or recommendations.  You may provide your testimony in written form, but such written testimony must be presented to the Plan Commission secretary or the designated representative prior to the closing of this hearing.  After the process is completed and everyone wishing to present testimony has spoken, the Commission will then decide whether it has heard adequate testimony in order to make a decision. If it has, the public hearing will be closed. After a public hearing is closed the Plan Commission will refrain from receiving any additional testimony either for or against the petition. There is one exception to this rule.  City staff will submit a report based on the testimony presented at the hearing. This report will consider comments or concerns from all City Departments such as the Fire Department, Public Works Department or the Engineering Department.  PLAN COMMISSION MINUTES City of Geneva 109 James Street - City Council Chambers Meeting #1146 – June 12, 2014 Chairman Rogers called the Plan Commission meeting to order at 7:00 p.m. Roll call followed: Present: Commissioners Case, Dziadus, Erickson, Evans, Leidig, Mead, Stevenson, Vice Chairman Stocking Absent: Chairman Rogers Others Present: Community Development Dir. Dick Untch; Planner Dave DeGroot; Economic Develop. Dir. Ellen Divita; Alderman Mike Bruno; and Recording Secretary Celeste Weilandt Public Present: Patricia Winter, 227 Anderson Blvd., Geneva; Michael Olesen, 202 N. Sixth St., Geneva; Brad Lutz with Humphreys Architects, Chicago Office; Jeff Prosapio with Marquette Companies, Naperville, IL; Jamie Dwyer, 128 N. Sixth St., Geneva; Tommy Marcozzi, 515 Peyton, Geneva; Kelly Nowak, 119 N. 5th St., Geneva; Mr. Alexander Nowak, 118 N. Fifth St., Geneva; Dave Shepard, 117 N. 5th St., Geneva; Todd Augustine, 1226 Fargo Blvd., Geneva; Dan Janis, 121 Anderson Blvd., Geneva; Howard and Margaret Johnston, 102 Richards St., Geneva; Colin Campbell, 183 6th St., Geneva; Elizabeth Ott, 32 McKinley Ave., Geneva; Ms. Leslie Jubie, 316 Peyton St., Geneva; ________________________________________________________________________________ Approval of the June 12, 2014 Meeting Minutes Minutes of the June 12, 2014 - A change was noted that Pastor Steve Okpisz, with Faith Lutheran Church was listed as present but was, in fact, not present at the meeting. Ms. Patricia Winter had stepped in as his replacement. Minutes were approved, with amendment, on motion by Commissioner Case, seconded by Commissioner Evans. Motion carried by voice vote of 8-0. Vice Chairman Stocking briefly reviewed the procedures for the concept review process. Concept Review Amendment to the Downtown Station-Area Master Plan (Opportunity Site 3), Zoning Map Amendment from the I2 General Industrial District and B2 Business District to the R7 Multiple- Family Residential District, Preliminary & Final Planned Unit Development – Request for conceptual review of a proposed redevelopment of the property commonly referred to as the Cetron property. The concept includes: 1) demolition of the existing structures located at 7 Richards Street, 17/19 Richards Street, and 715 Hamilton Street; 2) construction of a 5-story mixed-use building including 200 apartments (140 one-bedroom units, 60 two-bedroom units), 6,000 square feet of clubhouse/leasing space, and 6,500 square feet of retail/restaurant space; 3) a 300 space parking garage, internalized or “wrapped” by the 5-story mixed-use building; 4) extension of 7th Street north of W. State Street to Peyton Street, including the creation of 38 on-street angled parking spaces; and 5) construction of 7 townhome units at the southeast corner of Peyton Street and the 7th Street extension. Location: Northeast corner of the intersection of Richards Street and W. State Street (7 Richards Street, 17/19 Richards Street, and 715 Hamilton Street) Applicant: Darren Sloniger of behalf of Geneva Plan Commission -2- June 26, 2014 Marquette Companies Mr. Jeff Prosapio, with Marquette Companies, introduced Mr. Brad Lutz, architect with Humphreys & Partners Architects, L.P. and discussed the professional background of Marquette Companies (based in Naperville, Illinois) along with some of the types of mixed-use developments his company had constructed over the years. Mr. Lutz walked through the locations and types of projects his company had designed and shared examples of the types of apartment units that would be offered for such developments. For this particular location in Geneva, Mr. Lutz presented a site plan for the envisioned five-story mixed-use property (200 resident units, 6,000 sq. feet of restaurant space on State Street), and the amenities proposed. Parcel 2 was not finalized, but there was consideration for future townhomes. Demographics of the target market (Millennials) were explained, which was driving the design of this high-end building. In closing, Mr. Prosapio proceeded to read the conclusion of a traffic report completed by Traffic Impact Group, LLC’s, dated June 17, 2014. Commissioners voiced comments/questions on a number of different items, such as why the company was marketing apartments versus condos; how was parking actually tucked into the building; how would traffic on Peyton Street not impact the area with additional trips; the high rent being charged for the units, etc. However, the main concerns included the height of the building as compared to the rest of the neighborhood; addressing the environmental remediation issues of the site; the layout of the State Street / 7th Street intersection; and being thoughtful about the design of the current intersections. Per further questions on development cost and building height, Mr. Prosapio stated the estimated cost for the building was approximately $40M and, as compared to the current Cetron building, the estimated height for the proposed building was about 10 feet taller. An explanation followed on what happened to the Naperville project which ultimately turned into a hotel. In reviewing the traffic study, Dir. Untch clarified to the applicants that an intersection design study would be required by IDOT and the idea of extending 7th Street was part of the city’s Downtown Master Plan so, if it could be extended it would allow for better traffic management. Public Comment Vice Chairman Stocking invited the public to comment: Mr. Mike Olesen 202 N. 6th Street, voiced concern about height of the building and traffic flow on Peyton Street due to the nearby high school. Mr. Jamie Dwyer 128 N. Sixth Street, butts up to Parcel 2 and did not see how the development related to the current neighborhood - two story frame homes. He voiced concern about height, the fact that it butts up to the historic district, and did an overall plan exist for the area. He stated many of the homes have turned into rentals because many of the residents were waiting to see what would develop on the site. He asked for strong consideration and did not believe apartments were the best choice. Mr. Colin Campbell, 18 S. Sixth Street, stated while the proposal was beautiful it was physically too large for the neighborhood and would destroy the area. He discussed the transient movement of the demographic group that was being targeted -- they stay for a few years. He sited other townhome developments in the area that would be better suited and in the best interest for this area. Geneva Plan Commission -3- June 26, 2014 Ms. Margaret Johnston, 102 Richards Street, asked if there were more detailed plans, which the developer did not have. Ms. Johnston believed the development was too massive and would change the character of the neighborhood. Mr. Dan Janis, 121 Anderson Blvd., voiced concern about the increased traffic on Peyton Street; the increased traffic from high school students; what accommodations would be made for visitors; and would 7th Street be a one-way north street. Ms. Patricia Winter, 227 Anderson Blvd., believed a traffic study should be done during the school year when students and buses are present. As to the comments made about the younger generation moving to downtown Chicago, she believed otherwise. She knew of individuals who had to move to other areas because Geneva did not offer higher-end apartments. Ms. Leslie Jubie, 316 Peyton Street, discussed the young families that visit the park by her home and voiced concern about their safety due to students driving and the overall traffic that would increase. She believed more tax-generating properties were needed in the city versus rental properties. Mr. Howard Johnston, 102 Richards Street, voiced concern about his quality of life changing with the new development; more traffic; and believed something else was needed in the location. Mr. David Shepard 117 N. Fifth, agreed with comments made but noted that the special use appeared to be allowing items not normally allowed. He voiced concern about traffic, the building’s height, adding an adequate street setback for 7th Street and to allow for an eastbound left-lane on State Street onto 7th Street north. He reiterated long-term planning had to be done and Seventh Street needed to be two-way. Mr. Alexander Nowak, 118 N. Fifth Street, inquired about utility infrastructure and its impact; where were delivery trucks going to deliver and their impact to the residents; and how would the environmental cleanup impact the neighborhood when it takes place. Mr. Jeff Prosapio, from Marquette, reminded the committee that this was a concept plan and engineering had not been addressed yet. He discussed how height could be addressed with a different roof design, but emphasized that there was a demand for such housing. Mr. Nick Ryan, CEO for Marquette Companies, commented that the property would be subject to real estate taxes (about $400K) and the development would most likely not generate children for the schools. Other commissioner questions/comments followed as to what other developments in Geneva were five-story developments; whatever development went into the site would have to have some scale; was there potential for Marquette to purchase and develop a nearby site, located north, in order to lower the building; and finally, that, contrarily, there was demand for mixed-use in the city and the demographics could support the proposal because the same demographic group would be spending money in town. Commissioners agreed, overall, that Marquette needed to re-work the plan and 7th Street had to be two-way. Dir. Untch closed by stating staff had been in discussions with Burgess Norton and a proposed addition is planned for their facility with other improvements to take place around their facility. They are interested in retaining ownership of the office building to the north. Dir. Untch raised the point that when staff was discussing the Downtown Master Plan (the “Plan”) initially, there were some questions about the future of Burgess Norton and the surrounding community at that time but it became apparent Burgess Norton was staying in its present location. On that point, Commissioner Stephenson acknowledged the work that had gone into the Plan but the focus, at that time, was the Geneva Plan Commission -4- June 26, 2014 library possibly becoming a key part of that development yet the plan never addressed the density issue. Dir. Untch recalled the same type of scenario but reiterated that the Plan, as it sat currently, needed some “fresh thinking” as it pertained to the site and should the Plan move forward, staff would expect an amendment process. However, he also pointed out that the Plan reviews the surrounding area in detail and has recommendations for mixed-use development and redevelopment and includes the extension of Seventh Street and the extension of a bike-way along Seventh Street. He invited the residents to review the Plan to see what was initially planned for the area. Dir. Untch briefly summarized the five main goals of that Plan. Vice Chairman Stocking added that he was part of the planning efforts of the Plan but agreed the proposed building’s height for this development was too high, the facade massing needed to be broken up, the upper floors needed to be set back, and considering the fact that placing such a building in this location, and its proposed cost of $40M, could potentially set a trend for future redevelopment of other nearby strip mall properties. Other Business - None Adjournment Meeting was adjourned at 8:28 p.m. on motion by Commissioner Evans, seconded by Commissioner Leidig. Motion carried unanimously by voice vote. Community Development Department Report CITY OF GENEVA PLAN COMMISSION AGENDA ITEM 4A JULY 10, 2014 EAGLE BROOK PUD AMENDMENT & SPECIAL USE 1871 S. RANDALL ROAD Applicant Ramiro Guillen Property Owner Hamid Bateni Location 1871 S. Randall Road Requests To amend Exhibit VII (Permitted Uses for the Commercial Tract) of Ordinance No.89-48 (A Special Use as Mixed-Use Planned Unit Development for Eagle Brook) to allow a “tattoo shop” as a Special Use” and a request for a Special Use to allow a tattoo shop at 1871 S. Randall Road. Figure 1. Location Map. Prepared by Geneva Planning Division, July 2014. Recommendation Staff will provide a BACKGROUND/PROPOSAL recommendation at the Ramiro Guillen is a professional tattoo artist who would like to lease conclusion of the public the space at 1871 S. Randall Road to open his own tattoo shop, hearing. Artistic Theories Tattoo & Gallery. “Tattoo parlors and body Staff Liaison piercing establishments” are only permitted by Special Use in the City’s B5 Business District. The space the applicant would like to David DeGroot lease is located in the B5 District, however, it is also within the Eagle City Planner Brook Planned Unit Development (PUD) which established a specific Phone: 630.232.0814 list of permitted uses that did not include tattoo shops. Therefore, Email: ddegroot@geneva.il.us the applicant is requesting to amend the list of permitted uses for the Eagle Brook PUD to include tattoo shops as a Special Use and a Special Use to allow a tattoo shop at 1871 S. Randall Road. In 2007 the City amended the Zoning Ordinance to allow “tattoo parlors and body piercing establishments” as a Special Use in the B5  Eagle Brook PUD Amendments & Special Use Page 2 of 7 Agenda Item 4A – Tattoo Shop District. At the time, the Plan Commission did not believe it would be appropriate for a tattoo shop to operate in business districts in close proximity to residential property. The Plan Commission instead felt that the B5 District was a more appropriate location for tattoo shops to be listed as a Special Use. B5-zoned properties are located exclusively in the Randall Road corridor. The rationale for the Plan Commission’s position related to the type of development found on B5-zoned properties. Properties in the B5 District generally consist of large-scale regional shopping centers, which typically have a landscaped rear-yard setback that separates the shopping centers from the abutting residential subdivisions. The Plan Commission felt that the use separation afforded by properties in the B5 District would be preferable to the situation of business districts in the downtown area, which could be very close to residential properties. However, the amendment to allow tattoo shops as a Special Use in the B5 District did not apply to existing planned unit developments which may have established specific lists of permitted uses. Tattoo shops are subject to the State of Illinois Tattoo and Body Piercing Establishment Registration Act, attached for your review. The Act is aimed at protecting the public health, safety and welfare. The regulations establish a certification and registration requirement, operational standards, an inspection program, provisions for administration and enforcement, and a hearing process for businesses found to be in violation of any provision of the Act. The regulations also provide the circumstances under which a certificate of registration may be denied, suspended, revoked, or not renewed. The State licensing regulations establish a detailed process for registering, inspecting, and monitoring tattoo parlors and body piercing establishments, which eliminates the need for the City to establish its own certification and inspection program. However, the licensing procedures do not address the concerns raised by the Plan Commission in 2007 related to the character of the use and the potential impacts on surrounding properties. Therefore staff believes it is appropriate for proposed tattoo shop to be evaluated through the Special Use process. As a special use, the Plan Commission has the responsibility of evaluating the proposed tattoo shop against the nine standards for special uses contained in the Zoning Ordinance, and in particular, in this instance, the findings for standards #2 and #5. Standard #2 involves the proposed use and its impact on the value of adjacent and nearby property, and Standard #5 involves the impact of the use on the character of the area. REQUESTS To amend Exhibit VII (Permitted Uses for the Commercial Tract) of Ordinance No.89-48 (A Special Use as Mixed-Use Planned Unit Development for Eagle Brook) to allow a “tattoo shop” as a Special Use” and a request for a Special Use to allow a tattoo shop at 1871 S. Randall Road. PROPERTY INFORMATION The property is located in the Eagle Brook Planned Unit Development and is zoned B5 Business District. The property is designated for “Commercial: Retail, Service, Office” use in the City’s adopted Comprehensive Plan. Please see Table 1 and Figures 2 and 3 for surrounding property information including existing zoning, existing land uses, and future land use designations.  Eagle Brook PUD Amendments & Special Use Page 3 of 7 Agenda Item 4A – Tattoo Shop Table 1. Surrounding Property Information. Prepared by Geneva Planning Division, July 2014. LOCATION ZONING DISTRICT LAND USE COMPREHENSIVE PLAN Subject Property B5 Business District Multi-tenant Commercial Commercial: Retail, Service, Eagle Brook Planned Unit Development Building Office North B5 Business District Bank Commercial: Retail, Service, Eagle Brook Planned Unit Development Office South B5 Business District Multi-tenant Commercial Commercial: Retail, Service, Eagle Brook Planned Unit Development Building Office East R1 Low Density Single-Family District Single-Family Residences Single-Family Residential Eagle Brook Planned Unit Development West B5 Business District Multi-tenant Commercial Commercial: Retail, Service, Eagle Brook Planned Unit Development Building Office Figure 2. Zoning Map of the Subject Property and Surrounding Area. Prepared by Geneva Planning Division, July 2014.  Eagle Brook PUD Amendments & Special Use Page 4 of 7 Agenda Item 4A – Tattoo Shop Figure 3. Future Land Use Designation of the Subject Property and Surrounding Area, based on the 2003 Comprehensive Plan. Prepared by Geneva Planning Division, July 2014 REVIEW COMMENTS/STAFF ANALYSIS Eagle Brook PUD Amendments and Special Use Staff has evaluated the proposed amendments to the Eaglebrook PUD and the requested Special Use in relation to the nine (9) special use standards the Plan Commission uses in formulating it findings of fact, as set forth in Section 11-14-4(F) of the Zoning Ordinance. Based on evidence and testimony provided at the public hearing, the Plan Commission may choose to use this analysis as the basis for its findings of fact, or formulate its own findings. 1. The proposed use at the specified location is consistent with the comprehensive plan. The Comprehensive Plan designates the future use of the subject property as “Commercial: Retail, Service, Office”. The proposed tattoo shop is consistent with the Comprehensive Plan designation as it would provide a service use typically found in a commercial district. The City amended the Zoning Ordinance in 2007 to allow tattoo shops as a Special Use in the B5 Business District because it felt the properties in the B5 District generally consist of large-scale regional shopping centers, which typically have large landscaped setbacks that separate the shopping centers from abutting residential subdivision. However, the amendment to allow tattoo shops as a Special Use in the B5 District did not apply to existing planned unit developments such as Eagle Brook which have established a specific list of permitted uses. 2. The proposed building or use will not diminish the value of adjacent and nearby properties. The proposed tattoo shop should not diminish the value of adjacent and nearby properties. The tattoo parlor and body piercing use has become more mainstream in the United States in recent years, and, with appropriate regulation, such businesses can coexist with other business uses  Eagle Brook PUD Amendments & Special Use Page 5 of 7 Agenda Item 4A – Tattoo Shop with minimal or no impact. The Tattoo and Body Piercing Establishment Registration Act (attached for your review) establishes a detailed process for registering, inspecting, and monitoring tattoo parlors and body piercing establishments. As stated in the applicant’s project narrative, the proposed tattoo shop would employ between 4 and 6 artists and would operate between the hours of 12:00 pm and 9:00 pm Monday through Saturday. The number of employees and hours of operation are consistent with those of other service uses permitted in the B5 District and the Eagle Brook PUD. 3. The proposed use at the specified location will not substantially or unduly increase traffic, traffic congestion and on-street parking demand in the immediate vicinity of the proposed use and in the area affected by traffic generated by the proposed use. The proposed tattoo shop would generate traffic volumes similar to other retail, service, and office uses permitted in the Eagle Brook PUD. The volume of traffic can be properly accommodated by the streets serving the site and should not substantially increase traffic, traffic congestion and on-street parking demand in the vicinity of the proposed use. 4. The proposed use has been designed to provide for adequate ingress and egress to minimize potential vehicle conflicts and congestion in public streets. The existing access from Gleneagle Drive provides for adequate ingress and egress. The existing off-street parking spaces meet the City’s parking requirements and the existing layout accommodates on-site traffic flow. The proposed tattoo shop would not increase off-street parking demand or create vehicle conflicts and congestion in public streets. 5. The proposed building or use will not adversely affect or change the character of the area in which it is located. The tattoo shop would employ between 4 and 6 artists and would operate between the hours of 12:00 pm and 9:00 pm Monday through Saturday. The number of employees and hours of operation are consistent with those of other service uses permitted in the B5 District and the Eagle Brook PUD. There are no changes proposed to the exterior of the building, landscaping, or the parking lot layout. The Tattoo and Body Piercing Establishment Registration Act (attached for your review) establishes a detailed process for registering, inspecting, and monitoring tattoo parlors and body piercing establishments. As described in the project narrative, and with the regulations imposed by the State, the proposed tattoo shop would be compatible with other existing businesses in the immediate vicinity and should not have adverse impacts on neighboring properties. Therefore, proposed use should not adversely affect or change the character of the area in which it is located. 6. The proposed use at the specified location will not adversely affect the use and development of adjacent and nearby properties in accordance with the regulations of the district in which they are located. The location, size and height of proposed buildings and other structures, and the operation of the use will not adversely affect the use and development or hinder the appropriate development of adjacent and nearby properties.  Eagle Brook PUD Amendments & Special Use Page 6 of 7 Agenda Item 4A – Tattoo Shop There are no changes proposed to the exterior of the building, the existing landscaping, or parking lot layout. As described in the project narrative, and with the regulations imposed by the State, the proposed tattoo shop would be compatible with other existing businesses in the immediate vicinity and should not have adverse impacts on the use of neighboring properties. Adjacent properties are already developed. Therefore, the requested use at this location would not adversely affect the development of adjacent and nearby properties. 7. Adequate utility, drainage, parking and other necessary facilities to service the proposed use will be provided and that such utility, drainage, parking and other necessary facilities will not adversely affect the use, development and value of adjacent and nearby properties. The exiting utilities, drainage, parking, and other necessary facilities are sufficient to service the proposed tattoo shop, and such facilities do not adversely affect the use, development, and value of adjacent and nearby properties. 8. The proposed building, other structures and use comply with any and all regulations, conditions or requirements of the city applicable to such building, structure or use. There are no proposed changes to the exterior of the building, parking lot, or landscaping. Any changes made to the interior of the building will be reviewed by the City Building Department and Fire Department and would be required to comply with all applicable codes prior to occupancy. 9. That the exterior architectural appeal and function of any proposed structure will not be so at variance with either the exterior architectural appeal and functional plan of the structures already constructed or in the course of construction in the immediate neighborhood or the character of the applicable district to cause a substantial depreciation in property values in the neighborhood. The proposed tattoo shop would occupy interior space in an existing multi-tenant commercial building and no exterior architectural changes would be made to accommodate the use. The existing building is compatible with the character of commercial properties in the vicinity. RECOMMENDATION Staff will provide a recommendation at the conclusion of the public hearing. REVIEW/APPROVAL PROCESS: NEXT STEPS* 1. July 24, 2014 - Plan Commission deliberation and recommendation to City Council 2. July 28, 2014 - Committee of the Whole review and recommendation to City Council 3. August 4, 2014 - City Council consideration of request ATTACHMENTS o Project Narrative o 410 ILCS 54 – Tattoo and Body Piercing Establishment Registration Act  Eagle Brook PUD Amendments & Special Use Page 7 of 7 Agenda Item 4A – Tattoo Shop o Exhibit VII (Permitted Uses for the Commercial Tract) of Ordinance No.89-48 (A Special Use as Mixed-Use Planned Unit Development for Eagle Brook) Ramiro Guillen Jr. 732 N. Fordham Ave. Aurora, IL 60506 630‐818‐6184 versatileart@gmail.com I graduated from the University of Robert Morris with a B.A.S. degree in Graphic Arts. Trained in: multi‐media art, animation, color theory, target marketing, psychology, management, art history, blood born pathogens, tattooing, web design, anatomy, painting, and all theories of art. I have been servicing clients as a professional artist for the last 15 years. I am a versatile artist with many practices including: Permanent body art, Graphic Design, costumer relations, small and large format printing, airbrushing, branding, painting, signage, vinyl lettering, large scale murals and more. I am currently a professional Tattoo Artist with 5 years experience (5 year apprenticeship prior). I have utilized my talents to help other businesses. I am ready to make my dreams a reality in running my own. I understand the mixed emotions that accompany the words “tattoo studio”. I have the same concerns. I do not wish to bring a negative environment to the City of Geneva or neighboring tenants. I want to exhibit artwork within the tattoo studio. I envision an upscale tattoo studio with elegance that produces alluring artwork. This will create a positive environment for artists. This is why I chose the name Artistic Theories Tattoo & Gallery. Tattoo Studio Details: Employees: Artistic Theories Tattoo & Gallery will take pride in its tattooing, art and professionalism. We will begin with 4 artists (with future plans for 6). Guest artists are, at times, invited to encourage networking. At this point there will be an allocated station for him/her to work. Hours of operation: The hours being considered are 12:00pm ‐ 9:00pm Monday through Saturday. Closed on Sundays. Each artist will select an additional day to have off thus working 5 days a week. *Hours are very flexible. We will show up to work 30 ‐ 60 minutes prior for preparations so customers will be attended to without interruption or delay(s). Permits and certification: The State of Illinois and it’s Health Department will be involved every step of the way to insure we run at regulated standards required. We will apply for all permits and certifications required through the state to run as a legitimate business.  Studio/Artist standards: Standards will be put into place for the artists to abide by including and not limited to: 1) Thorough training in every aspect of cross contamination. 2) Blood Born Pathogens training 3) OSHA training 4) 0 tolerance for drug abuse 5) 0 tolerance for loitering 6) 0 tolerance for uncleanliness 7) 0 for discrimination 8) Level of talent and understanding of permanent body art 9) Understanding of tattoo after care 10)Proper set up before every tattoo 11)Proper break down (clean up procedure) after every tattoo 12)Hands being washed up to the elbows. 13)Restroom cleanliness 14) Personal hygiene 15) Certification(s) and training renewal yearly 16) Not tattooing minors (The State of Illinois does not allow anyone under 18 years of age to get permanent body art even with parents consent.) Promotion and Marketing: We plan to have promotional activities at times to be determined. These activities may include: discounted tattoo dates, basic drawing studies or painting studies, military discounts, art shows, soft opening, grand opening, etc. but these will not be executed if we feel it may affect neighbors or tenants in any way. Neighboring tenants will be given a timely notice if there is any form of concern for any activity. Any concerns will be taken into consideration. Tattooing will not be allowed during certain events to ensure no risks are being taken. The intention is simply promotional, pro‐bono, customer appreciation and/or to produce traffic in hopes to promote a business. *Witnessing the closure a client receives from losing a loved one or the lift it gives to self‐esteem let’s me know this is what I want to do.  EXHIBIT VII PERMITTED USES FOR THE COMMERCIAL TRACT The following uses shall constitute permitted uses within the commercial tract: 1. Those uses permitted in the "B-2" Business District as provided under Section 31,1101.A of Appendix D of the Geneva Municipal code (including non-dwelling uses permitted in the "B-1" Business District as-set forth in said section), but excluding therefrom the following uses: Bus Station, Clubs and Lodges, Mortuary and funeral homes, News agency, Taverns, Taxi Stands, Advertizing signs and billboards, Community Centers, Exterminating Shops, and Monument sales: 2. Motel or hotel: 3. Those uses permitted in the "OR" Office-Research District as provided under Section 31,1803.A. of Appendix D of the Geneva Municipal Code. REQUESTED AMENDMENT 4. Tattoo parlors and body piercing establishments may be permitted by Special Use and shall be subject to all applicable State of Illinois and municipal licensing requirements. With respect to Pod 1A only, in addition to the foregoing permitted uses, an elder care facility, which may include without limitation, a senior citizen home sharing retirement facility, congregate senior citizen housing, group care home for senior citizens, and or skilled nursing facility, shall constitute a permitted use. This permitted use shall apply to Pod 1A only and shall not be permitted within any other portion of the Commercial Tract unless approved by the city council. With respect to Pod 3A only, in addition to the foregoing permitted uses, automotive uses, which may include accessory retail sales and minor services such as tire and battery installation, oil changes, alignments, air conditioning services, and transmission fluid changes, shall constitute permitted uses. Such uses shall apply to Pod 3A only and shall not be permitted within any other portion of the Commercial Tract unless approved by the city council. Further, such uses shall comply with the following: a. Heavy mechanical services such as internal engine repair, transmission repair, body repair, and painting shall be prohibited. b. Outdoor, overnight storage of motor vehicles is prohibited. c. Outdoor storage of product, equipment, tools and materials is prohibited at all times. d. Business hours shall be restricted to the following: Monday through Friday 7:30 a.m. to 8:00 p.m. Saturday 7:30 a.m. to 6:00 p.m.  Sunday 9:00 a.m. to 6:00 p.m. e. Deliveries to the site shall be restricted to once in a seven (7) day period. f. The four (4) parking spaces along the east property line shall be signed for employee parking only. g. All sound generated by the use shall comply with the noise control regulations established in Title 5, Chapter 3 of the Geneva City Code h. The existing two (2) overhead doors shall be used for motor vehicle ingress/egress only and shall otherwise remain close during business hours. i. All trash and trash dumpster containers shall be stored within the existing trash enclosure or within the building. j. Test driving of vehicles on Bent Tree Drive is prohibited at all times (before, during and after work is performed on automotive equipment installation, service or repair of vehicles). k. The applicant shall install an oil/water separator prior to occupancy. (410 ILCS 54/1) Sec. 1. Short title. This Act may be cited as the Tattoo and Body Piercing Establishment Registration Act. (Source: P.A. 94-1040, eff. 7-1-07.) (410 ILCS 54/5) Sec. 5. Purpose. It has been established that non-sterile needles can lead to the spread of certain blood-borne illnesses such as Hepatitis and HIV. Tattoo and body piercing practices affect the health, safety, and welfare of the public, therefore, the General Assembly finds that the regulation of tattoo and body piercing establishments by the State is necessary to ensure public health, safety, and welfare. It is further declared that the purpose of this Act is to provide for a safe and adequate blood supply. This Act shall be liberally construed to carry out these objectives and purposes. (Source: P.A. 94-1040, eff. 7-1-07.) (410 ILCS 54/10) Sec. 10. Definitions. In this Act: "Aseptic technique" means a practice that prevents and hinders the transmission of disease-producing microorganisms from one person or place to another. "Body piercing" means penetrating the skin to make a hole, mark, or scar that is generally permanent in nature. "Body piercing" does not include practices that are considered medical procedures or the puncturing of the outer perimeter or lobe of the ear using a pre-sterilized, single-use stud and clasp ear piercing system. "Client" means the person, customer, or patron whose skin will be tattooed or pierced. "Communicable disease" means a disease that can be transmitted from person to person directly or indirectly, including diseases transmitted via blood or body fluids. "Department" means the Department of Public Health or other health authority designated as its agent. "Director" means the Director of Public Health or his or her designee. "Establishment" means a body-piercing operation, a tattooing operation, or a combination of both operations in a multiple-type establishment. "Ink cup" means a small container for an individual portion of pigment that may be installed in a holder or palette and in which a small amount of pigment of a given color is placed. "Multi-type establishment" means an operation encompassing both body piercing and tattooing on the same premises and under the same management. "Procedure area" means the immediate area where instruments and supplies are placed during a procedure. "Operator" means an individual, partnership, corporation, association, or other entity engaged in the business of owning, managing, or offering services of body piercing or tattooing. "Sanitation" means the effective bactericidal and veridical treatment of clean equipment surfaces by a process that effectively destroys pathogens. "Single use" means items that are intended for one time and one person use only and are to then be discarded. "Sterilize" means to destroy all living organisms including spores. "Tattooing" means making permanent marks on the skin of a live human being by puncturing the skin and inserting indelible colors. "Tattooing" includes imparting permanent makeup on the skin, such as permanent lip coloring and permanent eyeliner. "Tattooing" does not include any of the following: (1) The practice of electrology as defined in the Electrology Licensing Act. (2) The practice of acupuncture as defined in the Acupuncture Licensing Act. (3) The use, by a physician licensed to practice medicine in all its branches, of colors, dyes, or pigments for the purpose of obscuring scar tissue or imparting color to the skin for cosmetic, medical, or figurative purposes. (Source: P.A. 94-1040, eff. 7-1-07.) (410 ILCS 54/15) Sec. 15. Registration required. (a) A certificate of registration issued by the Department shall be required prior to the operation of any establishment or multi-type establishment. The owner of the facility shall file an application for a certificate of registration with the Department that shall be accompanied by the requisite fee, as determined by the Department, and include all of the following information: (1) The applicant's (owner) name, address, telephone number, and age. In order to qualify for a certificate of registration under this Act, an applicant must be at least 18 years of age. (2) The name, address, and phone number of the establishment. (3) The type and year of manufacture of the equipment proposed to be used for tattooing or body piercing. (4) The sterilization and operation procedures to be used by the establishment. (5) Any other information required by the Department. (b) If the owner owns or operates more than one establishment, the owner shall file a separate application for each facility owned or operated. (Source: P.A. 94-1040, eff. 7-1-07.)  (410 ILCS 54/20) Sec. 20. Temporary registration. A temporary certificate of registration may be issued by the Department for educational, trade show, or product demonstration purposes only. The temporary certificate of registration shall be valid for a maximum of 14 calendar days. (Source: P.A. 94-1040, eff. 7-1-07.) (410 ILCS 54/25) Sec. 25. Operating requirements. All establishments registered under this Act must comply with the following requirements: (1) An establishment must ensure that all body piercing and tattooing procedures are performed in a clean and sanitary environment that is consistent with sanitation techniques established by the Department. (2) An establishment must ensure that all body piercing and tattooing procedures are performed in a manner that is consistent with an aseptic technique established by the Department. (3) An establishment must ensure that all equipment and instruments used in body piercing and tattooing procedures are either single use and pre-packaged instruments or in compliance with sterilization techniques established by the Department. (4) An establishment must ensure that single use ink is used in all tattooing procedures. (Source: P.A. 94-1040, eff. 7-1-07.) (410 ILCS 54/27) Sec. 27. Prohibitions. Body piercing procedures must not be performed, without medical clearance, on skin surfaces where sunburn, rash, acne, infection, open lesions, or other questionable skin lesions exist and must not be performed on any person who is impaired by drugs or alcohol. (Source: P.A. 94-1040, eff. 7-1-07.) (410 ILCS 54/30) Sec. 30. Duties of the Department; rulemaking. (a) Before issuing a certificate of registration to an applicant, the Department, or its designee, shall inspect the premises of the establishment to insure compliance under the requirements of this Act. (b) Once a certificate of registration is issued, the Department may periodically inspect each establishment registered under this Act to ensure compliance. (c) The Department shall adopt any rules deemed necessary for the implementation and administration of this Act. (Source: P.A. 94-1040, eff. 7-1-07.) (410 ILCS 54/35) Sec. 35. Expiration and renewal of registration; display. (a) A certificate of registration issued under this Act shall expire and may be renewed annually. (b) Registration is valid for a single location and only for the operator named on the certificate. Registration is not transferable. (c) The certificate of registration issued by the Department shall be conspicuously displayed within the sight of clients upon entering the establishment. (Source: P.A. 94-1040, eff. 7-1-07.) (410 ILCS 54/40) Sec. 40. Change of ownership. In the event of a change of ownership, the new owner must apply for a certificate of registration prior to taking possession of the property. A provisional certificate of registration may be issued by the Department until an initial inspection for a certificate of registration can be performed by the Department or its designee. (Source: P.A. 94-1040, eff. 7-1-07.) (410 ILCS 54/45) Sec. 45. Denial; suspension; revocation; nonrenewal of registration. A certificate of registration may be denied, suspended, revoked, or the renewal of a certificate of registration may be denied for any of the following reasons: Violation of any of the provisions of this Act or the rules and regulations adopted by the Department under this Act. Conviction of an applicant or registrant of an offense arising from false, fraudulent, deceptive, or misleading advertising. The record of conviction or a certified copy shall be conclusive evidence of the conviction. Revocation of a certificate of registration during the previous 5 years or surrender or expiration of the certificate of registration during the pendency of action by the Department to revoke or suspend the certificate of registration during the previous 5 years, if before the certificate of registration was issued to the individual applicant, a controlling owner or controlling combination of owners of the applicant, or any affiliate of the individual applicant or controlling owner of the applicant or affiliate of the applicant, was a controlling owner of the prior certificate of registration. (Source: P.A. 94-1040, eff. 7-1-07.)  (410 ILCS 54/50) Sec. 50. Administration; enforcement. (a) The Department may establish a training program for the Department agents for administration and enforcement of this Act. (b) In the administration and enforcement of this Act, the Department may designate and use State-certified, local public health departments as its agents in the administration and enforcement of this Act and rules. (c) The Department shall issue grants to State-certified, local public health departments acting as agents of the Department based on 75% of the total fees and fines collected in the jurisdiction of the State-certified, local public health department for the enforcement and administration of this Act. (d) The Department or a State-certified, local public health department acting as an agent of the Department in the administration and enforcement of this Act may use the local administrative review process of the State-certified, local public health department to resolve disputes. (Source: P.A. 94-1040, eff. 7-1-07.) (410 ILCS 54/55) Sec. 55. Investigation; hearing; notice. The Department may, upon its own motion, and shall upon the verified complaint in writing of any person setting forth facts which if proven would constitute grounds for the denial of an application for a certificate of registration, or refusal to renew a certificate of registration, or revocation of a certificate of registration, or suspension of a certificate of registration, investigate the applicant or registrant. The Department, after notice and opportunity for hearing, may deny any application for or suspend or revoke a certificate of registration or may refuse to renew a certificate of registration. Before denying an application or refusing to renew, suspending, or revoking a certificate of registration, the Department shall notify the applicant in writing. The notice shall specify the charges or reasons for the Department's contemplated action. The applicant or registrant must request a hearing within 10 days after receipt of the notice. Failure to request a hearing within 10 days shall constitute a waiver of the right to a hearing. (Source: P.A. 94-1040, eff. 7-1-07.) (410 ILCS 54/60) Sec. 60. Conduct of hearing. (a) The hearing shall be conducted by the Director, or an individual designated in writing by the Director as a hearing officer. The Director or hearing officer may compel by subpoena or subpoena duces tecum the attendance and testimony of witnesses and the production of books and papers, and administer oaths to witnesses. The hearing shall be conducted at a place designated by the Department. The procedures governing hearings and the issuance of final orders under this Act shall be in accordance with rules adopted by the Department. (b) All subpoenas issued by the Director or hearing officer may be served as provided for in civil actions. The fees of witnesses for attendance and travel shall be the same as the fees for witnesses before the circuit court and shall be paid by the party to the proceedings at whose request the subpoena is issued. If a subpoena is issued at the request of the Department, the witness fee shall be paid as an administrative expense. (c) In cases of refusal of a witness to attend or testify, or to produce books or papers, concerning any matter upon which he or she might be lawfully examined, the circuit court of the county wherein the hearing is held, upon application of any party to the proceeding, may compel obedience by proceeding as for contempt as in cases of a like refusal to obey a similar order of the court. (Source: P.A. 94-1040, eff. 7-1-07.) (410 ILCS 54/65) Sec. 65. Findings of fact; conclusions of law; decision. The Director or hearing officer shall make findings of fact and conclusions of law in a hearing, and the Director shall render his or her decision, or the hearing officer his or her proposal for decision within 45 days after the termination of the hearing unless additional time is required by the Director or hearing officer for a proper disposition of the matter. A copy of the final decision of the Director shall be served upon the applicant or registrant in person or by certified mail. (Source: P.A. 94-1040, eff. 7-1-07.) (410 ILCS 54/70) Sec. 70. Review under Administrative Review Law; venue; costs. All final administrative decisions of the Department under this Act shall be subject to judicial review under the provisions of Article III of the Code of Civil Procedure. The term "administrative decision" is defined under Section 3-101 of the Code of Civil Procedure. Proceedings for judicial review shall be commenced in the circuit court of the county in which the party applying for review resides; provided, that if the party is not a resident of this State, the venue shall be in Sangamon County. The Department shall not be required to certify any record or file any answer or otherwise appear in any proceeding for judicial review unless the party filing the complaint deposits with the clerk of the court the sum of 95¢ per page representing costs of certification of the record or file. Failure on the part of the plaintiff to make the deposit shall be grounds for dismissal of the action. (Source: P.A. 94-1040, eff. 7-1-07.) (410 ILCS 54/75) Sec. 75. Administrative Procedure Act; application. The provisions of the Illinois Administrative Procedure Act are hereby expressly adopted and shall apply to all administrative rules and procedure of the Department under this Act, except that in case of conflict between the Illinois Administrative Procedure Act and this Act the provisions of this Act shall control, and except that Section 5 of the Illinois Administrative Procedure Act relating to procedures for rulemaking does not apply to the adoption of any rules required by federal law in connection with which the Department is precluded by law from exercising any discretion. (Source: P.A. 94-1040, eff. 7-1-07.) (410 ILCS 54/80) Sec. 80. Penalties; fines. The Department is authorized to establish and assess penalties or fines against a registrant for violations of this Act or regulations adopted under this Act. In no circumstance will any penalties or fines exceed $1,000 per day for each day the registrant remains in violation. (Source: P.A. 94-1040, eff. 7-1-07.) (410 ILCS 54/85) Sec. 85. Public nuisance. (a) The operation or maintenance of an establishment in violation of this Act or any rule adopted by the Department under this Act constitutes a public nuisance inimical to the public welfare. (b) A person convicted of knowingly maintaining a public nuisance commits a Class A misdemeanor. Each subsequent offense under this Section is a Class 4 felony. (c) The Director, in the name of the people of the State and through the Attorney General or State's Attorney of the county in which the establishment is located, may, in addition to the other remedies set forth in this Act, bring an action for an injunction to restrain the violation of this Act or to enjoin the future operation or maintenance of any establishment in violation of this Act. (Source: P.A. 94-1040, eff. 7-1-07.)  (410 ILCS 54/90) Sec. 90. Tattoo and Body Piercing Establishment Registration Fund. There is hereby created in the State treasury a special fund to be known as the Tattoo and Body Piercing Establishment Registration Fund. All fees and fines collected by the Department under this Act and any agreement for the implementation of this Act and rules under this Act and any federal funds collected pursuant to the administration of this Act shall be deposited into the Fund. The amount deposited shall be appropriated by the General Assembly to the Department for the purpose of conducting activities relating to tattooing and body piercing establishments. (Source: P.A. 94-1040, eff. 7-1-07.) (410 ILCS 54/905) Sec. 905. (Amendatory provisions; text omitted). (Source: P.A. 94-1040, eff. 7-1-07; text omitted.) (410 ILCS 54/999) Sec. 999. Effective date. This Act takes effect July 1, 2007. (Source: P.A. 94-1040, eff. 7-1-07.) Community Development Department Report CITY OF GENEVA PLAN COMMISSION AGENDA ITEM 4B JULY 10, 2014 EAGLE BROOK PUD AMENDMENT & SPECIAL USE 1881 S. RANDALL ROAD Applicant Dan Markwalder, Animal Care Clinic of Geneva Property Owner 1881 Partners, LLC Location 1881 S. Randall Road Requests To amend Exhibit VII (Permitted Uses for the Commercial Tract) of Ordinance No.89-48 (A Special Use as Mixed-Use Planned Unit Development for Eagle Brook) to allow “animal boarding” as a Special Use” and a request for a Special Use to allow a veterinary hospital with animal Figure 1. Location Map. Prepared by Geneva Planning Division, July 2014. boarding at 1881 S. Randall BACKGROUND/PROPOSAL Road. Dr. Dan Markwalder, owner of Animal Care Clinic of Geneva, would Recommendation like to lease the space at 1881 S. Randall Road (formerly Plass Staff will provide a Appliance) to open a full service animal care facility with six exam recommendation at the rooms; complete in house diagnostics including digital radiography, conclusion of the public lab, and pharmacy; a treatment area with surgical and dental suites, hearing. grooming suites and boarding suites for up to 77 dogs. The Animal Staff Liaison Care Clinic of Geneva previous operated as a veterinary clinic at 1115 Randall Court. The space the applicant would like to lease at 1881 S. David DeGroot Randall Road is zoned B5 Business District and is located in the Eagle City Planner Brook Planned Unit Development which established a specific list of Phone: 630.232.0814 permitted uses. The established list of uses allows for veterinary Email: ddegroot@geneva.il.us clinics by Special Use but does not allow for animal boarding. Therefore, the applicant is requesting to amend the list of permitted  Eagle Brook PUD Amendments & Special Use Page 2 of 6 Agenda Item 4B – Animal Boarding uses for the Eagle Brook PUD to include animal boarding as a Special Use and a Special Use to allow a veterinary hospital with animal boarding (wholly enclosed) at 1881 S. Randall Road. The proposal does not include any changes to the exterior of the building except for a proposed fenced- in area (existing truck shopping and receiving area at the rear of the building) for outdoor exercise of the boarders (dogs). The interior of the building would be completely redone to create a waiting area, exam rooms, treatment area, grooming and boarding areas. A sound/odor wall would be constructed separating the front area (waiting area and exam rooms) from the rear area (treatment, grooming and boarding) with separate heating and cooling systems for each area to avoid transfer of sound and odor. Please see the attached project narrative, site plan, and floor plan for more detail. REQUESTS To amend Exhibit VII (Permitted Uses for the Commercial Tract) of Ordinance No.89-48 (A Special Use as Mixed-Use Planned Unit Development for Eagle Brook) to allow “animal boarding” as a Special Use” and a request for a Special Use to allow a veterinary hospital with animal boarding at 1881 S. Randall Road. PROPERTY INFORMATION The property is located in the Eagle Brook Planned Unit Development and is zoned B5 Business District. The property is designated for “Commercial: Retail, Service, Office” use in the City’s adopted Comprehensive Plan. Please see Table 1 and Figures 2 and 3 for surrounding property information including existing zoning, existing land uses, and future land use designations. Table 1. Surrounding Property Information. Prepared by Geneva Planning Division, July 2014. LOCATION ZONING DISTRICT LAND USE COMPREHENSIVE PLAN Subject Property B5 Business District Multi-tenant Commercial Commercial: Retail, Service, Eagle Brook Planned Unit Development Building Office North B5 Business District Multi-tenant Commercial Commercial: Retail, Service, Eagle Brook Planned Unit Development Building Office South B5 Business District Home Depot Commercial: Retail, Service, Eagle Brook Planned Unit Development Office East R1 Low Density Single-Family District Single-Family Residences Single-Family Residential Eagle Brook Planned Unit Development West B5 Business District Petco Commercial: Retail, Service, Eagle Brook Planned Unit Development Office  Eagle Brook PUD Amendments & Special Use Page 3 of 6 Agenda Item 4B – Animal Boarding Figure 2. Zoning Map of the Subject Property and Surrounding Area. Prepared by Geneva Planning Division, July 2014. Figure 3. Future Land Use Designation of the Subject Property and Surrounding Area, based on the 2003 Comprehensive Plan. Prepared by Geneva Planning Division, July 2014 REVIEW COMMENTS/STAFF ANALYSIS Eagle Brook PUD Amendments and Special Use Staff has evaluated the proposed amendments to the Eaglebrook PUD and the requested Special Use in relation to the nine (9) special use standards the Plan Commission uses in formulating it findings of fact,  Eagle Brook PUD Amendments & Special Use Page 4 of 6 Agenda Item 4B – Animal Boarding as set forth in Section 11-14-4(F) of the Zoning Ordinance. Based on evidence and testimony provided at the public hearing, the Plan Commission may choose to use this analysis as the basis for its findings of fact, or formulate its own findings. 1. The proposed use at the specified location is consistent with the comprehensive plan. The Comprehensive Plan designates the future use of the subject property as “Commercial: Retail, Service, Office”. The proposed veterinary hospital and animal boarding facility is consistent with the Comprehensive Plan designation as it would provide a service use typically found in a commercial district. The Millbrook Veterinary Hospital located at 1749 S. Randall Road and the former location of the Animal Care Clinic of Geneva at 1115 S. Randall Road are also designated for “Commercial: Retail, Service, Office” in the City’s Comprehensive Plan. 2. The proposed building or use will not diminish the value of adjacent and nearby properties. As stated in the project narrative, the applicant is aware of the noise and odor concerns associated with animal boarding and has established procedures to mitigate any potential adverse impacts on surrounding properties. Dogs are taken outside 2 to 3 times a day (typically 7 am, 4 pm, and mid-day) for 10 to 15 minutes while their kennels are cleaned and remain under staff supervision while outside. Waste is cleaned up throughout the day to eliminate odors and maintain a healthy environment. Waste is disposed of in air tight bags and then placed in trash dumpsters with lids. The fenced-in outdoor area will help to prevent dogs from seeing and reacting (barking) at people or vehicles. Barking behavior is either stopped with staff intervention (walking or calming the dog) or the barking dog is moved inside. Inside the building, a sound/odor wall would be constructed separating the front area (waiting area and exam rooms) from the rear area (treatment, grooming and boarding) with separate heating and cooling systems for each area to avoid transfer of sound and odor. If operated as described in the project narrative, the proposed veterinary hospital and animal boarding facility should not diminish the value of adjacent and nearby properties. 3. The proposed use at the specified location will not substantially or unduly increase traffic, traffic congestion and on-street parking demand in the immediate vicinity of the proposed use and in the area affected by traffic generated by the proposed use. The proposed veterinary hospital and animal boarding facility would generate traffic volumes similar to other retail, service, and office uses permitted in the Eagle Brook PUD. The volume of traffic can be properly accommodated by the streets serving the site and should not substantially increase traffic, traffic congestion and on-street parking demand in the vicinity of the proposed use. 4. The proposed use has been designed to provide for adequate ingress and egress to minimize potential vehicle conflicts and congestion in public streets. The existing access from Gleneagle Drive provides for adequate ingress and egress. The existing off-street parking spaces meet the City’s parking requirements and the existing layout accommodates on-site traffic flow. The proposed veterinary hospital and animal boarding  Eagle Brook PUD Amendments & Special Use Page 5 of 6 Agenda Item 4B – Animal Boarding facility would not increase off-street parking demand or create vehicle conflicts and congestion in public streets. 5. The proposed building or use will not adversely affect or change the character of the area in which it is located. There are no changes proposed to the exterior of the building, the existing landscaping, or parking lot layout except a proposed fenced-in area (existing truck shopping and receiving area at the rear of the building) for outdoor exercise of the dogs. As stated in the project narrative, the applicant is aware of the noise and odor concerns associated with animal boarding and has established procedures to mitigate any potential adverse impacts on surrounding properties. Please see Standard 2. If operated as described in the project narrative, the proposed veterinary hospital should not have adverse impacts on neighboring properties and should not adversely affect or change the character of the area in which it is located. 6. The proposed use at the specified location will not adversely affect the use and development of adjacent and nearby properties in accordance with the regulations of the district in which they are located. The location, size and height of proposed buildings and other structures, and the operation of the use will not adversely affect the use and development or hinder the appropriate development of adjacent and nearby properties. There are no changes proposed to the exterior of the building, the existing landscaping, or parking lot layout except a proposed fenced-in area (existing truck shopping and receiving area at the rear of the building) for outdoor exercise of the dogs. If operated as described in the project narrative, the proposed veterinary hospital would be compatible with other existing businesses in the immediate vicinity and should not have adverse impacts on the use of neighboring properties. Adjacent properties are already developed. Therefore, the requested use at this location would not adversely affect the development of adjacent and nearby properties. 7. Adequate utility, drainage, parking and other necessary facilities to service the proposed use will be provided and that such utility, drainage, parking and other necessary facilities will not adversely affect the use, development and value of adjacent and nearby properties. The exiting utilities, drainage, parking, and other necessary facilities are sufficient to service the proposed veterinary hospital and animal boarding facility, and such facilities do not adversely affect the use, development, and value of adjacent and nearby properties. 8. The proposed building, other structures and use comply with any and all regulations, conditions or requirements of the city applicable to such building, structure or use. There are no proposed changes to the exterior of the building, parking lot, or landscaping, with the exception of a proposed fenced-in area (existing truck shopping and receiving area at the rear of the building) for outdoor exercise of the dogs. Any changes made to the interior of the building will be reviewed by the City Building Department and Fire Department and would be required to comply with all applicable codes prior to occupancy.  Eagle Brook PUD Amendments & Special Use Page 6 of 6 Agenda Item 4B – Animal Boarding 9. That the exterior architectural appeal and function of any proposed structure will not be so at variance with either the exterior architectural appeal and functional plan of the structures already constructed or in the course of construction in the immediate neighborhood or the character of the applicable district to cause a substantial depreciation in property values in the neighborhood. The proposed veterinary hospital and animal boarding facility would occupy interior space in an existing multi-tenant commercial building and no exterior architectural changes would be made to accommodate the use. The existing building is compatible with the character of commercial properties in the vicinity. RECOMMENDATION Staff will provide a recommendation at the conclusion of the public hearing. REVIEW/APPROVAL PROCESS: NEXT STEPS* 1. July 24, 2014 - Plan Commission deliberation and recommendation to City Council 2. July 28, 2014 - Committee of the Whole review and recommendation to City Council 3. August 4, 2014 - City Council consideration of request ATTACHMENTS o Project Narrative o Response to Special Use Standards o Plat of Survey o Site Plan o Enlarged Site Plan o Floor Plan o Exhibit VII (Permitted Uses for the Commercial Tract) of Ordinance No.89-48 (A Special Use as Mixed-Use Planned Unit Development for Eagle Brook) May 15, 2014 To: City of Geneva Community Development 22 South First Street Geneva, IL 60134 Re: Request for Amendment to the existing Plan Unit Development For Animal Hospital with Boarding Kennels Location/Address: 1881 S Randall Road, Geneva, IL 60134 Required Narrative description of the request The Applicant, Dr. Dan Markwalder, owner of Animal Care Clinic of Geneva, is requesting an amendment to the existing PUD and a Special Use to allow Boarding within the proposed Animal Hospital. The subject property is currently a leasehold space that was previously occupied by Plass Appliance Store. The applicant is seeking to build a state of the art, full service animal care facility with six exam rooms; complete in house diagnostics including digital radiography, lab and pharmacy; a treatment area with Surgical & Dental suites; Grooming suite and Boarding suites for up to (77) dogs to serve the boarding needs of our clients and rescue groups. The “full service” concept is based on the applicant’s commitment to providing for the complete care of theirs client’s pets under the supervision of a licensed veterinarian. Our pets have become an important and integral part of our family life. Consequently, the importance and demand for quality pet care (within the community) has risen. Thus, providing boarding facilities within the proposed animal hospital is an important benefit (service) to the pet owners in the surrounding community and City has a whole. By providing this quality service to the surrounding community and City, the development enhances its value within the community and City. Specifically, the major concerns related to a boarding facility are sound (barking dogs) and odor (dog waste). The Applicant takes a proactive approach to addressing these issues to mitigate any problems associated with the same. Boarding Kennels are cleaned and the boarders (dogs) are taken outside to a holding kennel or the exercise area 2 or 3 time a day for period of 10 to 15 minutes while their kennels are cleaned. While dogs are outside in holding kennels or the outdoor exercise area, they are always under the strict supervision of staff. Normally, the cleaning schedule is 7am (morning cleaning) and 4pm (evening cleaning) with a midday cleaning often added if necessary. It is operational policy to clean up solid waste (inside & outside) throughout the day to eliminate any odor from the same and eliminate an unhealthy environment for the boarders. Staff is trained to address sound and odor issues immediately: outside waste is picked up & disposed of immediately; barking behavior is either stopped or the barking dog is moved inside. The waste is disposed of in air tight, trash bags and then placed in outdoor trash dumpsters with lids to eliminate odor problems. Throughout the day, dogs are given supervised exercise in our outdoors exercise area. A proposed 8’ high fence that surrounds the exercise area eliminates dogs barking (seeing and reacting) at people and other stimulus. To conclude, we believe that our sound & odor concerns exceed those of our clients and neighbors because we understand that sound and odor problems don’t sell: they are bad for business. Case in point: Inside the hospital a sound/odor wall is constructed (floor to bottom of roof deck) separating [the front, client waiting area & exam rooms] and [the rea, treatment, grooming and boarding areas] with separate Heating & Cooling systems for each area to avoid transfer of sound and odor through the ductwork. We know our system of addressing and eliminating sound and odor issues work because we have succeeded at similar developments in other community’s. We have successfully built similar animal care facilities in neighboring communities without complaints. The applicant’s “Good Neighbor” policy demonstrates their commitment to the surrounding neighbors who might have concerns and reservations regarding the proposed request. It is the applicant’s commitment to provide quality care for their boarders without affecting the surrounding neighbor’s quality of life.  EXHIBIT B STANDARDS FOR SPECIAL USES City of Geneva Standards for Special Uses: The applicant must provide a statement with the application and present evidence at the public hearing demonstrating compliance with each of the following special use standards: 1. The proposed use at the specified location is consistent with the comprehensive plan. We are seeking a special use to allow boarding within an animal hospital which is approved in the zoning district. It is our opinion that boarding of dogs under the supervision of veterinarians and staff is consistent with the comprehensive zoning plan. 2. The proposed building or use will not diminish the value of adjacent and nearby properties. Our animal care facility with boarding will in no way diminish the value of the adjacent and nearby properties. We have sought and received approval from the current tenants in our building. We are confident that our commitment to providing quality animal care services will be an enhancement to the local business and residential community. 3. The proposed use at the specified location will not substantially or unduly increase traffic, traffic congestion and on-street parking demand in the immediate vicinity of the proposed use and in the area affected by traffic generated by the proposed use. The proposed tenant space was previously occupied by Plass Appliances. It is our opinion, that our traffic count for an animal hospital with requested special use for boarding won't exceed the traffic count of the previous tenant. Additionally, the truck traffic of an appliance store would far exceed the truck traffic associated with an animal hospital. 4. The proposed use has been designed to provide for adequate ingress and egress to minimize potential vehicle conflicts and congestion in public streets. We are not proposing any changes to the existing site plan as it relates to ingress and egress of car and truck traffic. 5. The proposed building or use will not adversely affect or change the character of the area in which it is located. The existing building will not change. We are only proposing a fenced-in area (existing truck shipping and receiving area at the rear of the building) for supervised outdoor exercise for our boarders. Page 1 of 2  EXHIBIT B STANDARDS FOR SPECIAL USES City of Geneva (Continued) 6. The proposed use at the specified location will not adversely affect the use and development of adjacent and nearby properties in accordance with the regulations of the district in which they are located. The location, size and height of proposed buildings and other structures, and the operation of the use will not adversely affect the use and development or hinder the appropriate development of adjacent and nearby properties. The proposed use (boarding of animals within an animal care facility) will not adversely affect the adjacent tenants or the surrounding business and residential properties. We are not proposing any changes to the building. Therefore, we will not impact the existing surrounding development. In our opinion, we will not adversely affect current and future uses and development of the surrounding properties. In our prior extensive experience, the concerns of barking dogs and the odor associated with animal waste has been addressed with state of the art design/ build methods, supervision of indoor and outdoor activities and a "good neighbor" management policy. Similar business models (location and use) have received no complaints for noise and odor associated with this use. 7. Adequate utility, drainage, parking and other necessary facilities to service the proposed use will be provided and that such utility, drainage, parking and other necessary facilities will not adversely affect the use, development and value of adjacent and nearby properties. Utilities, drainage, parking and other necessary facilities are existing and they are adequate for our proposed use. 8. The proposed building, other structures and use comply with any and all regulations, conditions or requirements of the city applicable to such building, structure or use. The building and other structures are existing and they will comply with our proposed use. We are proposing an 8 ft high PVC solid fence that will enclose the proposed outdoor exercise area. 9. That the exterior architectural appeal and function of any proposed structure will not be so at variance with either the exterior architectural appeal and functional plan of the structures already constructed or in the course of construction in the immediate neighborhood or the character of the applicable district to cause a substantial depreciation in property values in the neighborhood. The existing building structure will not change and only a fence (see 8 above) will be added. The fence will enhance and not diminish the building or affect the surrounding area. Page 2 of 2  VE E DRI TRE ENT  EXHIBIT VII PERMITTED USES FOR THE COMMERCIAL TRACT The following uses shall constitute permitted uses within the commercial tract: 1. Those uses permitted in the "B-2" Business District as provided under Section 31,1101.A of Appendix D of the Geneva Municipal code (including non-dwelling uses permitted in the "B-1" Business District as-set forth in said section), but excluding therefrom the following uses: Bus Station, Clubs and Lodges, Mortuary and funeral homes, News agency, Taverns, Taxi Stands, Advertizing signs and billboards, Community Centers, Exterminating Shops, and Monument sales: 2. Motel or hotel: 3. Those uses permitted in the "OR" Office-Research District as provided under Section 31,1803.A. of Appendix D of the Geneva Municipal Code. 4. Tattoo parlors and body piercing establishments may be permitted by Special Use and shall be subject to all applicable State of Illinois and municipal licensing requirements. (Pending Approval) REQUESTED AMENDMENT 5. Veterinary hospitals, animal grooming, and animal boarding (wholly enclosed) may be permitted by Special Use. With respect to Pod 1A only, in addition to the foregoing permitted uses, an elder care facility, which may include without limitation, a senior citizen home sharing retirement facility, congregate senior citizen housing, group care home for senior citizens, and or skilled nursing facility, shall constitute a permitted use. This permitted use shall apply to Pod 1A only and shall not be permitted within any other portion of the Commercial Tract unless approved by the city council. With respect to Pod 3A only, in addition to the foregoing permitted uses, automotive uses, which may include accessory retail sales and minor services such as tire and battery installation, oil changes, alignments, air conditioning services, and transmission fluid changes, shall constitute permitted uses. Such uses shall apply to Pod 3A only and shall not be permitted within any other portion of the Commercial Tract unless approved by the city council. Further, such uses shall comply with the following: a. Heavy mechanical services such as internal engine repair, transmission repair, body repair, and painting shall be prohibited. b. Outdoor, overnight storage of motor vehicles is prohibited. c. Outdoor storage of product, equipment, tools and materials is prohibited at all times. d. Business hours shall be restricted to the following: Monday through Friday 7:30 a.m. to 8:00 p.m. Saturday 7:30 a.m. to 6:00 p.m. Sunday 9:00 a.m. to 6:00 p.m. e. Deliveries to the site shall be restricted to once in a seven (7) day period. f. The four (4) parking spaces along the east property line shall be signed for employee parking only. g. All sound generated by the use shall comply with the noise control regulations established in Title 5, Chapter 3 of the Geneva City Code h. The existing two (2) overhead doors shall be used for motor vehicle ingress/egress only and shall otherwise remain close during business hours. i. All trash and trash dumpster containers shall be stored within the existing trash enclosure or within the building. j. Test driving of vehicles on Bent Tree Drive is prohibited at all times (before, during and after work is performed on automotive equipment installation, service or repair of vehicles). k. The applicant shall install an oil/water separator prior to occupancy. Community Development Department Report CITY OF GENEVA PLAN COMMISSION AGENDA ITEM 4C JULY 10, 2014 NORTH RIVERFRONT PUD AMENDMENT 119/121 N. 1st Street Applicant & Property Owner Dave Patzelt on behalf of Shodeen Homes, LLC Location 119/121 N. 1st Street Requests To amend Section 2 (Residential Area Development Standards) Paragraph F (Setback Requirements/Building Envelopes) of Ordinance No. 97-24B (A Special Use as a Mixed Use Planned Unit Development for the North Riverfront Redevelopment Project) to increase the allowable floor area ratio Figure 1. Location Map. Prepared by Geneva Planning Division, July 2014. from 0.5 to 1.0 for lots 4 through 8 in the North BACKGROUND Riverfront Planned Unit Development. In 1997 the City Council passed Ordinance No. 97-24B and established the North Riverfront Planned Unit Development (PUD). Recommendation The PUD established development parameters for commercial Staff will provide a property along W. State Street, for the condominiums along N. River recommendation at the Lane, and for two- to three-family residential lots along N. 1st Street. conclusion of the public Shodeen Homes would like to construct a duplex on Lot 4 (119/121 hearing. N. 1st Street, currently undeveloped) of the North Riverfront PUD. The development parameters for Lot 4 are shown in Table 1 on the Staff Liaison following page. As shown, the proposed duplex complies with all of David DeGroot the development parameters for the property with the exception of City Planner the maximum allowable floor area ratio. The floor area ratio is equal Phone: 630.232.0814 to the floor area of the building divided by the area of the zoning lot. Email: ddegroot@geneva.il.us For example, a floor area ratio of 0.5 would allow for a maximum  North Riverfront PUD Amendments Page 2 of 4 Agenda Item 4C – Floor Area Ratio floor area of 2,500 square feet on a 5,000 square foot zoning lot (2,500 sq ft/5,000 sq ft = 0.5). Table 1. Proposed Duplex on Lot 4 of the North Riverfront Planned Unit Development in relation to the development parameters set forth in Ordinance No. 97-24B. LOT 4 DUPLEX STANDARD PROPOSED COMPLIES WITH NORTH RIVERFRONT PUD STANDARD? Minimum Lot Area 2500 square feet per dwelling unit Lot Size = 5,110 square feet Yes Allows for 2 dwelling units Street Setback 15 feet 17 feet Yes, exceeds Side Setback 6 feet 6.5 feet Yes, exceeds Rear Setback 7 feet 10 feet Yes, exceeds Lot Coverage 65 percent 52 percent Yes, exceeds Building Height 35 feet 28 feet Yes, exceeds Floor Area Ratio 0.5 (2,555 square feet) 0.92 (4,728 square feet) No In 2007 Shodeen Homes submitted the attached site plan, floor plans, and architectural elevations for review by the Historic Preservation Commission (HPC). The plans were approved by the HPC but the duplex was never constructed. When Shodeen applied for a building permit earlier this year it was discovered that the plans do not comply with the maximum allowable floor area ratio established in the PUD. After reviewing the North Riverfront PUD, it is staff’s conclusion that the floor area ratio standard was not carefully considered for the two- and three-family lots along N. 1st Street when the PUD was established. The intent of the PUD is clearly to allow two- and three-family units on Lots 4 through 8. The intent is reflected in the permitted use list (allowing two- and three-family dwellings) and the minimum lot area requirement per dwelling unit (2,500 square feet per dwelling unit). Additionally, the remainder of the development parameters (setbacks, lot coverage, building height, etc.) allow for larger buildings than a maximum floor area ratio of 0.5 allows. Therefore, the applicant is requesting to amend the North Riverfront PUD to increase the maximum allowable floor area ratio from 0.5 to 1.0 for Lots 4 through 8. REQUEST To amend Section 2 (Residential Area Development Standards) Paragraph F (Setback Requirements/Building Envelopes) of Ordinance No. 97-24B (A Special Use as a Mixed Use Planned Unit Development for the North Riverfront Redevelopment Project) to increase the allowable floor area ratio from 0.5 to 1.0 for lots 4 through 8 in the North Riverfront Planned Unit Development. PROPERTY INFORMATION The property is located in the North Riverfront Planned Unit Development and is zoned B6 Business District. The property is designated for “Single-Family/Attached/Row House,” use in the City’s adopted  North Riverfront PUD Amendments Page 3 of 4 Agenda Item 4C – Floor Area Ratio Downtown Station-Area Master Plan. Please see Table 2 and Figures 2 and 3 for surrounding property information including existing zoning, existing land uses, and future land use designations. Table 2. Surrounding Property Information. Prepared by Geneva Planning Division, July 2014. LOCATION ZONING DISTRICT LAND USE COMPREHENSIVE PLAN Subject Property B6 Business District - North Riverfront Undeveloped Single-Family/Attached/Row Planned Unit Development House North B6 Business District - North Riverfront Single-Family Residence Single-Family/Attached/Row Planned Unit Development House South R6 Two- and Three-Family Residential Duplex Single-Family/Attached/Row District House East B6 Business District - North Riverfront Condominiums Multi-Family Residential Planned Unit Development West R6 Two- and Three-Family Residential Single-Family Residence Single-Family Residential District Figure 2. Zoning Map of the Subject Property and Surrounding Area. Prepared by Geneva Planning Division, July 2014.  North Riverfront PUD Amendments Page 4 of 4 Agenda Item 4C – Floor Area Ratio Figure 3. Future Land Use Designation of the Subject Property and Surrounding Area, based on the 2012 Downtown Station- Area Master Plan. Prepared by Geneva Planning Division, July 2014 RECOMMENDATION Staff will provide a recommendation at the conclusion of the public hearing. REVIEW/APPROVAL PROCESS: NEXT STEPS* 1. July 24, 2014 - Plan Commission deliberation and recommendation to City Council 2. July 28, 2014 - Committee of the Whole review and recommendation to City Council 3. August 4, 2014 - City Council consideration of request ATTACHMENTS Floor Plans & Architectural Elevations for 119/121 N. 1st Street Plat of Survey for 119/121 N. 1st Street  designs 2035 forest ridge road st. charles, illinois 60174 630.513.1011 cbiiidesigns.com  designs 2035 forest ridge road st. charles, illinois 60174 630.513.1011 cbiiidesigns.com  designs 2035 forest ridge road st. charles, illinois 60174 630.513.1011 cbiiidesigns.com  designs 2035 forest ridge road st. charles, illinois 60174 630.513.1011 cbiiidesigns.com  designs 2035 forest ridge road st. charles, illinois 60174 630.513.1011 cbiiidesigns.com  designs 2035 forest ridge road st. charles, illinois 60174 630.513.1011 cbiiidesigns.com  designs 2035 forest ridge road st. charles, illinois 60174 630.513.1011 cbiiidesigns.com