Plan Commission

LEGAL NOTICE OF PUBLIC HEARING Skokie Plan Commission, Thursday, March 21, 2013, Village of Skokie, 5127 Oakton Street, Skokie, Illinois 60077, at 7:30 P.M., to consider the following: NEW ACTION TAKEN 2013-3P – Parking Determination: Mid Moving and Storage Approved Mid Moving and Storage, requests a parking determination for truck and freight 8-0-1 transportation services to be located at 5115 Church Street #114. 2013-4P – Special Use Permit: 5115 Church Street #114 Approved Church Street Properties LLC, on behalf of Mid Moving and Storage, requests a 8-0-1 special use permit for truck and freight transportation services in an M2 Light Industry district and any relief that may be discovered during the review of this case. 2011-11P – Zoning Chapter Amendment: Article I. In General and Article II. Administration and Enforcement Cont. to May 2, 2013 The Planning Division requests a comprehensive revision and reorganization of Article I. In General and Article II. Administration and Enforcement of the Chapter 118. Zoning of the Skokie Village Code and any other sections that might be affected by these changes. The subject matter may include, but not be limited to, existing buildings and uses, enforcement and interpretation of the chapter, the duties and procedures for the Plan Commission and Zoning Board of Appeals, and definitions. FOR YOUR INFORMATION: Plans and related documents are available at the Village’s Community Development Department, Planning Division, (847) 933-8447 Monday through Friday, from 8:30 AM to 5:00 PM. SPECIAL AID: Available upon request for the disabled. Call (847) 673-0500 or TDD (847) 933-8455. Interested parties are invited to attend this meeting. This notice is for information purposes only. Published in the Skokie Review on February 21, 2013. Paul Luke, Chairman VOSDOCS-#424172-v1-Legal_Notice_of_Public_Hearing_for_Plan_Commission_Meeting_of_2013-3-21 STAFF REPORT 2013-4P: Special Use Permit Community Development Department Council Chambers, 7:30 PM, March 21, 2013 To: Paul Luke, Chairman, Skokie Plan Commission From: Mike Voitik, Planning Technician Case: 2013-4P: Special Use Permit 5115 Church Street #114 Truck and freight transportation services Related Case – 2013-3P: Parking Determination General Information Location 5115 Church Street #114 Purpose Special use permit for truck and freight transportation services Petitioner Church Street Properties, LLC, on behalf of Mid Moving and Storage Size of Site 138,665 square feet (3.183 acres) with 353.52 feet of frontage (at a 40 foot offset south from platted centerline) on undedicated Church Street Existing Zoning & M2 Light Industry – automobile rental, recreational goods rental, Land Use leasing of commercial or industrial machinery or equipment, consumer goods rental, special trades contactors office, home health care agency, storage lot for landscaping services, wholesale trade establishment, mail order or direct selling establishment Adjacent Zoning & North M2 Light Industry – public utility distribution facility Land Use R4 Multifamily Housing – public recreation facility South M2 Light Industry – public works facility East R4 Multifamily Housing – multifamily residences West M2 Light Industry – public utility distribution facility, abandoned railroad right-of-way Comprehensive Plan The site is designated as manufacturing/service employment. SITE INFORMATION  The subject site contains a 1 and 2 story industrial building that is occupied by office, commercial, and warehouse space. #424923 v1 Staff Report – 2013-4P: Special Use Permit for Truck and Freight Transportation Services at 5115 Church Street #114 1 of 8  Multiple loading docks are located around the perimeter of the building.  An improved parking lot is located on the north side of the building and partially improved parking/storage lots are present on the west and south sides of the building. Parking is also located on both sides of the north-south driveway on the east side of the building.  A public sidewalk is present on Church Street.  The site is not directly served by public transportation, but the CTA #54A and #97 buses stop approximately 1 ½ blocks to the east at Church Street and Gross Point Road.  Overhead public utilities are present in the parkway along the south side of the Church Street.  Five 2-way driveways are present on Church Street and provide access to the parking lots and storage areas. STAFF ANALYSIS Petitioner’s Submittal The petitioner is requesting a special use permit in order to operate a truck and freight transportation service at 5115 Church Street #114 in an M2 Light Industry district. Mid Moving and Storage currently operates a 285 square foot office and a 900 square foot warehouse with an overhead door at the southeast corner of the building. The office is open from 9 a.m. to 5 p.m. Mondays through Fridays. The business uses two 26-foot- long trucks and has a total of 6 employees (4 movers and 2 office staff). On occasion, the business rents a semi-truck and trailer if a larger drop-off or pick up is needed. The moving company only performs long-distance moving services and does not handle local moving jobs. Every 2 weeks, 1 of the trucks loads/unloads its goods and then heads back onto the road. The lease for the business allows for the parking of 3 trucks and 10 cars in the paved area immediately behind the southeast section of the building. The tenant currently utilizes 3 parallel parking spaces along the west side of this parking area for the parking of employee vehicles. The petitioner has exclusive use of the loading dock. Comments Staff Comment and Review sheets were sent to all pertinent departments. Staff comments on the subject case were received from the Engineering Division. All other departments returned the sheets with no comments regarding the subject case. #424923 v1 Staff Report – 2013-4P: Special Use Permit for Truck and Freight Transportation Services at 5115 Church Street #114 2 of 8  Engineering Division The Engineering Division reviewed the petitioner’s request. Per the parking determination for the proposed truck and freight transportation service recommended by staff in case 2013-3P, a total of 8 vehicle and 2 bicycle parking spaces are required for the moving company. A total of 36 parking spaces are required for the entire building and 60 parking spaces are provided on the subject site, satisfying the parking requirement for all tenants within the subject site. However, 8 of these spaces are partially located within a walkway on the west side of the north-south 2-way driveway on the east side of the building. These spaces must be removed by the property owner due to the obstruction of the walkway and because they encroach into the driveway. Removing these parking spaces will widen the driveway and improve traffic circulation. Despite the elimination of these 8 spaces, 52 spaces will still be provided on site, meeting the parking requirement. The property owner must also dedicate the north 40 feet of the subject site as right- of-way to the Cook County Highway Department in order to bring the property into compliance with Section 94-6(a)(2) Rights-of-Way Width of the Skokie Village Code. A total of 2 handicapped parking spaces are required for the subject site, however only 1 unsigned space is present in the front of the building. A second space must be provided and be located immediately to the west of the existing space. Both spaces must have State of Illinois standard handicapped signage installed. The parking spaces in front of the building must be kept clear of dumpsters and rental equipment at all times. Planning Division Staff supports the petitioner’s request for a special use permit for truck and freight transportation services. There should be little to no impact upon the other tenants that share the subject site with the moving company, provided that the moving trucks do not block any driveways or parking spaces. The rear parking lot is used primarily as a storage yard for the vehicles of several landscaping companies, so it is important that those businesses have unobstructed access to their vehicles. Address labels must be placed at all points of entry to the building. Two bicycle parking spaces must be provided in compliance with Section 118-221 of the Skokie Village Code and be located within 40 feet of one of the front entrances to the building. APPEARANCE COMMISSION Appearance Commission review is not required. STAFF RECOMMENDATIONS Staff recommends that the petitioner’s request for a special use permit for truck and freight transportation services at 5115 Church Street #114 be APPROVED, based upon #424923 v1 Staff Report – 2013-4P: Special Use Permit for Truck and Freight Transportation Services at 5115 Church Street #114 3 of 8 the Proposed Positive Findings of Fact and subject to the recommended and standard special use permit conditions. RECOMMENDED SPECIAL USE CONDITIONS 1. Prior to the issuance of an occupancy permit, the property owner must: A. File a plat of dedication petition with the Planning Division in order to dedicate the north 40 feet of the subject site to the Cook County Highway Department and bring the property into compliance with Section 94-6(a)(2) of the Skokie Village Code. B. Remove all parking spaces from west side of the north-south 2-way drive that is located on the east side of the building. C. Provide a second handicapped parking space, to be located immediately west of the existing handicapped space in the front parking lot, and install R7-8 and R7-I101 $250 fine signage at each parking space. D. Place address labels at all points of entry to the building. E. Provide 2 bicycle parking spaces within 40 feet of one of the front entrances to the building in compliance with Section 118-221 of the Skokie Village Code. 2. Loading and unloading operations associated with the moving company shall not obstruct any driveway or parking space within the subject site. 3. Parking spaces in front of the building must be kept clear of dumpsters and rental equipment at all times. STANDARD SPECIAL USE CONDITIONS 4. The petitioners must develop the Subject Property in substantial conformance with the final Village approved plat of survey, dated January 1, 2004, and floor plan, received February 7, 2013. 5. All fencing, walls, sidewalks, driveways, curbs, wheel stops, parking areas, signage, landscaping, structures, and any other facilities or infrastructure on the Subject Property must be maintained in a good state of repair, and when needed, be repaired or replaced in a timely manner. 6. Parking lot and exterior lighting shall meet Illuminating Engineering Society of North America (IES) standards, be full cut-off design, and be directed away from adjacent properties, subject to the approval of the Engineering Division. All off-street parking spaces must be legibly striped and maintained. 7. All modifications to building elevations, signage, and landscaping shall be subject to the review and approval of the Skokie Appearance Commission. 8. The handicapped parking spaces shall be installed and maintained in compliance with State of Illinois Accessibility Standards and the Skokie Village Code, including required signage. #424923 v1 Staff Report – 2013-4P: Special Use Permit for Truck and Freight Transportation Services at 5115 Church Street #114 4 of 8 9. All signage must conform to the Skokie Village Code. Any sign on the Subject Property that is in violation of that Code must be removed or modified to conform with the Village Code prior to the issuance of an occupancy permit. 10. Vehicles shall not be allowed to be parked in or otherwise block common driveways, sidewalks, aisles, or other points of access at any time, shall only be parked in designated parking spaces, and shall not overlap the striped lines of designated parking spaces. All private and public sidewalks must be maintained free of snow, ice, sleet, or other objects that may impede travel. 11. No required parking space on the site may be for the exclusive use of any tenant. 12. All objects and landscaping within a 15-foot sight distance triangle shall not exceed 30 inches in height, except traffic control devices listed in the Manual on Uniform Traffic Control Devices. 13. All new construction, alterations, and remodeling shall meet current International Building and NFPA Life Safety Codes as amended. 14. Prior to the issuance of building permits, the petitioners must submit to the Planning Division of the Community Development Department the name, address, and telephone number of the company and contact person responsible for site maintenance in compliance with the special use permit. 15. If work is to be performed on public property or if public property is utilized or impacted during construction and/or development, the owner shall provide, or shall cause the developer and/or contractor to provide, the Village of Skokie with a certificate of insurance naming the Village of Skokie as additionally insured for any and all claims related to any and all work. The owner shall hold, and shall cause the developer and/or contractor to hold, the Village of Skokie harmless and indemnify the Village for any and all claims for property damage or personal injury related to work on or use of public property. 16. The petitioners shall comply with all Federal and State statutes, laws, rules and regulations and all Village codes, ordinances, rules, and regulations. 17. Failure to abide by any and all terms of this Ordinance shall be cause for the Village to initiate hearings to determine whether the subject Ordinance, as well as any applicable business licenses, should be revised or revoked. 18. The petitioners shall pay all costs related to any hearings conducted as a result of non-compliance with any of the provisions of the enabling ordinance. The costs shall include but not be limited to court reporter fees, attorney fees, and staff time required researching and conducting said hearing. ATTACHMENTS 1. Proposed Positive Findings of Fact 2. Memorandum from the Engineering Division dated March 7, 2013 3. Plat of Survey dated January 1, 2004 #424923 v1 Staff Report – 2013-4P: Special Use Permit for Truck and Freight Transportation Services at 5115 Church Street #114 5 of 8 4. Floor Plan received February 7, 2013 5. Land Use and Zoning Map #424923 v1 Staff Report – 2013-4P: Special Use Permit for Truck and Freight Transportation Services at 5115 Church Street #114 6 of 8 Proposed Positive Findings of Fact 2013-4P: Special Use Permit Community Development Department Council Chambers, 7:30 PM, March 21, 2013 1 Consideration The establishment, maintenance, or operation of the special use will not be detrimental to or endanger the public health, safety, morals, or general welfare; and the proposed building or use at the particular location is necessary or desirable to provide a service or a facility which is in the public interest and will contribute to the general welfare of the neighborhood or community. Findings The proposed special use will not be detrimental to the public welfare and safety and will provide a service which is in the public interest. 2 Consideration The proposed building or use will not substantially change the character of the neighborhood, will not have an undue adverse effect upon adjacent property or property values in the neighborhood, will not unduly aggravate traffic conditions, and will not unduly burden essential public services such as drainage facilities, public utilities, and those services pertaining to public health, safety, and welfare in general. Findings The proposed use will not substantially change the character of the neighborhood, will not have an undue adverse effect upon adjacent property or property values in the neighborhood, will not unduly aggravate traffic conditions, and will not unduly burden essential public services. Eliminating the row of parking spaces along the east side of the eastern driveway will widen the driveway and improve traffic circulation. 3 Consideration The proposed building(s) or use will be designed, arranged, and operated so as to permit the development and use of neighboring property in accordance with the applicable district regulations. Findings There should be little to no impact upon the other tenants that share the subject site with the moving company, provided that the moving trucks do not block any driveways or parking spaces. The use will be designed and operated so as to permit the use of neighboring property in accordance with applicable district regulations. #424923 v1 Staff Report – 2013-4P: Special Use Permit for Truck and Freight Transportation Services at 5115 Church Street #114 7 of 8 4 Consideration The proposed use will not alter or be contrary to the primary purpose of the zoning district of the area in which it is proposed, when its effect is considered in conjunction with the cumulative effect of the number of various special uses of all types already in the adjacent area and in the Village as a whole. Findings The proposed use will not alter the primary purpose of the M2 zoning district, which is to provide for manufacturing/service employment. The property immediately to the north of the subject site has a special use permit for a community center and a church has a special use permit further to the west on Church Street. The proposed use will have no impact upon those properties or any other businesses with special use permits in the adjacent area or in the Village as a whole. 5 Consideration The proposed use and its plan conform to the general intent of the Official Comprehensive Plan. Findings The site is designated as manufacturing/service employment in the Comprehensive Plan and the proposed use conforms to the general intent of the plan. #424923 v1 Staff Report – 2013-4P: Special Use Permit for Truck and Freight Transportation Services at 5115 Church Street #114 8 of 8