Plan Commission

STAFF REPORT 2018-40P: Special Use Permit Community Development Department Council Chambers, 7:30 PM, November 1, 2018 To: Paul Luke, Chairman, Skokie Plan Commission From: Mike Voitik, Planning Technician Re: 2018-40P: Special Use Permit 4916 Dempster Street General Information Location 4916 Dempster Street Purpose A request for a special use permit for a tattoo parlor in a B3 Business zoning district and any relief that may be discovered during the review of this case. Petitioner 4916-24 Dempster, LLC, on behalf of Scott Frigo Art, Inc. Size of Site 10,809 square feet (0.25 acres) with frontage on Dempster Street and Bronx Avenue Existing Zoning & B3 Business – vacant storefront, insurance agency, accounting Land Use and tax bookkeeping service, dry cleaning establishment, currency exchange Adjacent Zoning & North R4 Multifamily Housing – 3- or more unit multifamily Land Use residences South B3 Business – carryout restaurant, grocery store, limited service restaurant East B3 Business – motor vehicle parts and accessories store West B3 Business – sports and recreation education, upper- story residence over nonresidential use, multitenant office building, department store Comprehensive Plan The site is designated as pedestrian oriented mix. SITE INFORMATION  The parking lot can be entered via a one-way driveway at Bronx Avenue and exited via a one-way driveway at the alley running along the north side of the subject site.  Overhead utilities are present along the south side of the alley running along the north side of the subject site. VOSDOCS-#543784-v1-Staff_Report_-_2018-40P_-_Special_Use_Permit__4916_Dempster_Street.doc 1 of 8  Complete Streets  Public sidewalks are present along Dempster Street and Bronx Avenue. The site is adjacent to commercial properties and a multifamily residential neighborhood.  A bike route is present on Niles Center Road, a block to the east of the subject site. The Skokie Valley Trail, located 1 block to the west of the subject site, currently ends at Dempster Street and runs south to Lincolnwood.  The site is directly served by the CTA 97 Skokie, CTA 54A North Cicero/Skokie Blvd., and Pace 250 Dempster Street buses. The CTA Yellow Line Dempster- Skokie station and Pace 620 Yellow Line Dempster – Allstate and Pace 626 Skokie Valley Limited bus stops are located 1 block to the west of the subject site. PETITIONER’S SUBMITTAL The petitioner is requesting a special use permit for a tattoo parlor at 4916 Dempster Street in a B3 Business zoning district and any relief that may be discovered during the review of this case. The business, Midwest Classic Tattoo, will contain a reception and waiting area, 3 tattoo stations (1 private and 2 open), a bathroom, an office and design area, a breakroom, and a storage room. The business will be open Monday through Saturday from 11:00 a.m. to 8:00 p.m., primarily by appointment only. The business will typically be closed on Sundays, except by special appointment. A total of 2-3 tattoo artists and 1-3 customers are anticipated at the business at any given time. The business will also have a small retail area containing art, t-shirts, and other items with the business’s logo. With regards to the request, the petitioner explains that: Midwest Classic Tattoo, founded by Scott Frigo, will positively impact the character and businesses in the neighborhood. Midwest Classic Tattoo will meet the tattoo goals of Skokie residents, serve the northern suburbs, attract new customers to the area and support the local business community. Our occupancy at 4916 Dempster Street will add value to the property. The staff, Scott Frigo and Whitney Fragassi are college graduates with art degrees from Columbia College Chicago and Savannah College of Art respectively. They are understanding of cultural diversity and individuality. They are creative artists who help their clients express themselves and feel comfortable in their bodies. Many of the custom tattoos Scott Frigo designs are pieces of fine art inspired by schools of printmakers and painters. They are often tributes to loved ones and pieces celebrating one’s religious beliefs or philosophy. Midwest Classic Tattoo staff are trained in, certified and committed to safe, hygenic practices. They are socially tolerant, and work collaboratively with clients to meet their personal needs and goals with respect to body art. Often this collaboration leads to long-lasting friendships. VOSDOCS-#543784-v1-Staff_Report_-_2018-40P_-_Special_Use_Permit__4916_Dempster_Street.doc 2 of 8  We look forward to becoming a part of and contributing to the Skokie community. STAFF ANALYSIS Comments Staff Comment and Review sheets were sent to all pertinent departments. Staff comments on the subject case were received from the Fire Prevention, Environmental Health, Engineering, and Planning Divisions. All other departments returned the sheets with no comments. Fire Prevention The Fire Prevention Bureau would like to make the petitioner aware that the following will be required for the building: 1. A full fire alarm. 2. Direct connect/monitoring of alarm to Skokie Dispatch. 3. An addressable annunciator panel for residential units at main entrance. Environmental Health Division All establishments providing body art services such as tattooing, piercing, branding or scarification are required to be registered with the Illinois Department of Public Health (IDPH) and be in full compliance with the Tattoo and Body Piercing Establishment Registration Act, (410 ILCS 54). Engineering Division Although a total of 19 parking spaces are required for the 5 businesses (including the proposed use) at the subject site and 13 spaces are provided, the parking requirement is met. Section 118-201(2) of the Village Code states that “if the existing building or structure was erected prior to March 2, 1965, additional parking and loading facilities are mandatory only in the amount by which the requirements for the new use would exceed those for the existing use, if the latter were subject to the parking and loading provisions of this article”. The parking requirement for a tattoo parlor is not specifically listed in the Village Code, thus it falls under the classification of “all other retail, business offices, and commercial establishments”, which have a parking requirement of 1 space per 300 s.f. of net floor area. The existing, faded parking lot striping and pavement markings must be restriped to match the final approved site plan. One bicycle parking space is required for the use and must be designed in compliance with §118-221 of the Skokie Village Code and be located near the front entrance of the business. VOSDOCS-#543784-v1-Staff_Report_-_2018-40P_-_Special_Use_Permit__4916_Dempster_Street.doc 3 of 8  Planning Division The Planning Division supports the proposed special use request. The proposed tattoo parlor will provide a service that is not presently offered within the Village. Although the parking requirement for the subject site is met due because of the legal non-conformance, there would otherwise be a 6-space deficit for the property. On-street parking in the immediate area is limited with no parking allowed on Dempster Street and 3 hour parking available on Bronx Avenue north of the alley adjacent to the subject site. Additional off-street parking with pay boxes is available at the Dempster-Skokie CTA Yellow Line station. Planning staff requests that the site plan be revised to move the bicycle rack on the south side of the building so that it is located under the overhang that exists along the front of the proposed use. Doing so will keep the rack and any bicycle parked alongside it from obstructing the public sidewalk. The second bicycle rack, shown behind the building, is not required and may be removed from the site plan. The area to the north of the northern parking space on the east side of the parking lot also needs to be striped and signed as a no parking zone. APPEARANCE COMMISSION Appearance Commission Review is not required. STAFF RECOMMENDATIONS Staff recommends that the petitioner’s request for a special use permit for a tattoo parlor at 4916 Dempster Street in a B3 Business zoning district be APPROVED, based upon 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 hearing of the case before the Board of Trustees, the Site Plan must be revised to: a. Move the bicycle rack on the south side of the building so that it is located under the overhang in front of the proposed use. b. Remove the proposed bicycle rack from the rear parking lot. c. Stripe the area to the north of the northern parking space on the east side of the parking lot as a no parking zone. 2. Prior to the issuance of an occupancy permit, the existing faded parking lot striping and pavement markings must be restriped to match the final approved site plan. VOSDOCS-#543784-v1-Staff_Report_-_2018-40P_-_Special_Use_Permit__4916_Dempster_Street.doc 4 of 8 STANDARD SPECIAL USE CONDITIONS 3. The petitioner must operate and maintain the proposed use in substantial conformance with the final Village approved Site Plan, dated < insert date of final approved plan > and Floor Plan/Reflected Ceiling Plan, dated <insert date of final approved plan >. 4. 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. 5. All private and public sidewalks shall be maintained free of snow, ice, sleet, or other objects that may impede travel. 6. All off-street parking spaces must be legibly striped and maintained. 7. Any plan to modify parking lot striping must be approved by the Director of Engineering. 8. 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. 9. No required parking space on the site may be for the exclusive use of any tenant. 10. All new construction, alterations, and remodeling shall meet current International Building and NFPA Life Safety Codes as amended. 11. All signage shall conform to the Skokie Village Code. 12. The petitioner shall submit to the Planning Division an electronic file of the site plan in its approved and finalized form. 13. Prior to the issuance of building permits, the petitioner 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. 14. 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. 15. The petitioner shall comply with all Federal and State statutes, laws, rules and regulations and all Village codes, ordinances, rules, and regulations. VOSDOCS-#543784-v1-Staff_Report_-_2018-40P_-_Special_Use_Permit__4916_Dempster_Street.doc 5 of 8 16. 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. 17. The petitioner 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 for 2018-40P 2. Site Plan, dated September 19, 2018 3. Floor Plan/Reflected Ceiling Plan, dated September 19, 2018 4. ALTA/ACSM Land Title Survey, dated December 21, 2006 5. Land Use and Zoning Map VOSDOCS-#543784-v1-Staff_Report_-_2018-40P_-_Special_Use_Permit__4916_Dempster_Street.doc 6 of 8 Proposed Positive Findings of Fact 2018-40P: Special Use Permit Community Development Department Council Chambers, 7:30 PM, November 1, 2018 Consideration Finding The request is consistent with the intent of The request for a special use permit for a the Comprehensive Plan. tattoo parlor is consistent with the intent of the Comprehensive Plan, which designates the subject site for pedestrian oriented mix uses. The request will not adversely affect Although the parking requirement for the adjacent properties. subject site is met due because of the legal non-conformance, there would otherwise be a 6-space deficit for the property. On-street parking in the immediate area is limited with no parking allowed on Dempster Street and 3 hour parking available on Bronx Avenue north of the alley adjacent to the subject site. Additional off-street parking with pay boxes is available at the Dempster-Skokie CTA Yellow Line station. The request is compatible with the existing The request for a tattoo parlor is or allowable uses of adjacent properties. compatible with the existing or allowable uses of adjacent properties. The request demonstrates that adequate Adequate public facilities exist to serve public facilities, including roads, drainage, the requested use. utilities, and police and fire protection exist or will exist to serve the requested use at the time such facilities are needed. The request demonstrates adequate Adequate provision for maintenance of provision for maintenance and use of the the associated structures is demonstrated associated structures. by the request. The request has considered and, to the No adverse effects on the environment degree possible, addressed the adverse will be created by the proposed use. effects on the natural environment. The request will not create undue traffic Undue traffic congestion will not be congestion. created by the proposed use. VOSDOCS-#543784-v1-Staff_Report_-_2018-40P_-_Special_Use_Permit__4916_Dempster_Street.doc 7 of 8 The request will not adversely affect public All establishments providing body art health, safety, and welfare. services such as tattooing, piercing, branding or scarification are required to be registered with the Illinois Department of Public Health and be in full compliance with the Tattoo and Body Piercing Establishment Registration Act. The request conforms to all applicable The request conforms to all applicable provisions of this code, except where relief provisions of this code. is granted with the request. VOSDOCS-#543784-v1-Staff_Report_-_2018-40P_-_Special_Use_Permit__4916_Dempster_Street.doc 8 of 8