MAY 9, 2006 a Special Use to Expand a Professional Office at 1105
ITEM B.4. VILLAGE OF DOWNERS GROVE REPORT FOR THE VILLAGE COUNCIL WORKSHOP MAY 9, 2006 AGENDA
SUBJECT: TYPE: SUBMITTED BY: Resolution Special Use to Expand a ü Ordinance Professional Office at 1105 Motion Don Rosenthal Curtiss Street Discussion Only Dir. of Community Development
SYNOPSIS An ordinance has been prepared for a special use to expand a professional office for a property located at 1105 Curtiss Street.
FISCAL IMPACT N/A.
RECOMMENDATION Approval on the May 16, 2006 active agenda.
BACKGROUND The property is zoned DT Downtown Transition. There is currently a residential structure on the property that is being used for a first floor professional office and an apartment on the second floor. The site also has six (6) off-street parking spaces in front of and behind the existing structure. The petitioner is proposing to convert the existing second-floor apartment into a professional office space for a new user. There is no exterior site work or physical building expansion proposed at this time.
The uses in the vicinity include a mix of commercial, single-family residential and high-density residential development. The property is adjacent to the Christian Science Church on the east and a single family residence on the west. There is a large condominium building to the south of the subject site as well. The Downers Grove Public Library and the Georgian Court town homes are also in the vicinity. Staff believes the proposed use is consistent with and will compliment the surrounding commercial and residential development.
The Plan Commission considered the project at their March 13, 2006 meeting and unanimously recommended approval of the proposed special use.
ATTACHMENTS Ordinance Staff Report, with attachments, dated March 13, 2006 Draft Minutes of Plan Commission Public Hearing dated March 13, 2006
Special Use 1105 Curtiss -PC-12-06 ORDINANCE NO. ______
AN ORDINANCE AUTHORIZING A SPECIAL USE FOR A PROFESSIONAL OFFICE BUILDING LOCATED AT 1105 CURTISS
WHEREAS, the following described property, to wit:
Part of Lot 9 in Assessor’s Subdivision of Sections 7 and 8, Township 38 North, Range 11 East of the Third Principal Meridian, described as follows: Beginning in the West line of said Lot 49 at its intersection with the South line of Church Street (now Curtiss Street) and run thence north 78 degrees East along the South line of said street, 50.6 feet to a stake; thence south 1 ¾ degrees parallel with the West line of said Lot, 172 feet; thence South 78 degrees West 50.6 feet to the West line of said Lot, thence North 1 ¾ degrees West 172 feet to a place of beginning, in DuPage County, Illinois.
Commonly known as 1105 Curtiss Street, Downers Grove, IL (PIN 09-08-305-007)
(hereinafter referred to as the "Property") is presently zoned in the "DT Transition District” under the Comprehensive Zoning Ordinance of the Village of Downers Grove; and
WHEREAS, the owner of the Property has filed with the Plan Commission, a written petition conforming to the requirements of the Zoning Ordinance, requesting that a Special Use per Section 28-611 of the Zoning Ordinance be granted to allow a professional office building
WHEREAS, such petition was referred to the Plan Commission of the Village of Downers Grove, and said Plan Commission has given the required public notice, has conducted a public hearing respecting said petition on March 13, 2006, and has made its findings and recommendations, all in accordance with the statutes of the State of Illinois and the ordinances of the Village of Downers Grove; and,
WHEREAS, the Plan Commission has recommended approval of the requested Special Use , subject to certain conditions; and,
WHEREAS, the Village Council finds that the evidence presented in support of said petition, as stated in the aforesaid findings and recommendations of the Plan Commission, is such as to establish the following:
1. The proposed use at that particular location requested is necessary or desirable to provide a service or a facility which is in the interest of public convenience and will contribute to the general welfare of the neighborhood or community.
2. The proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, morals, or general welfare of persons residing or working in the vicinity or injurious to property values or improvements in the vicinity.
3. That the proposed use will comply with the regulations specified in this Zoning Ordinance for the district in which the proposed use is to be located .
4. The proposed use is one of the special uses specifically listed for the district in which it is to be located and, if approved with restrictions as set forth in this ordinance, will comply with the provisions of the Downers Grove Zoning Ordinance regulating this Special Use.
NOW, THEREFORE, BE IT ORDAINED by the Council of the Village of Downers Grove, in DuPage
1 County, Illinois, as follows:
SECTION 1. That a Special Use of the Property is hereby granted to permit the operation of an professional office building.
SECTION 2. This approval is subject to the following conditions:
1. The Special Use shall substantially conform to the staff report dated March 13, 2006 and with the plat of survey/site plan submitted to the Plan Commission dated December 23, 2005 prepared by JNT Land Surveying Services, Inc. except such plans may be modified to conform to Village Codes and Ordinances and the following condition:
a. A building permit shall be required for any tenant build-out.
2. Prior to the issuance of a Certificate of Occupancy, the following conditions shall be met:
a. The expanded commercial use will require the installation of a fire protection alarm system as required per Village Code.
b. A walk-through inspection conducted by the Community Development Department and the Fire Prevention Division Bureau shall be required. Any violations identified at that inspection shall be corrected prior to the issuance of a Certificate of Occupancy.
3. Any changes to the conditions represented by the Petitioner as the basis for this petition, whether those changes occur prior to or after Village approval, shall be promptly reported to the Village. Changes may require additional review; and
4. It is the Petitioner’s obligation to maintain compliance with all applicable Federal, State, County and Village laws, ordinances, regulations, and policies.
SECTION 3. The above conditions are hereby made part of the terms under which the Special Use is granted. Violation of any or all of such conditions shall be deemed a violation of the Village of Downers Grove Zoning Ordinance, the penalty for which may include, but is not limited to, a fine and or revocation of the Special Use granted herein.
SECTION 4. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.
SECTION 5. That this ordinance shall be in full force and effect from and after its passage and publication in pamphlet form as provided by law.
Mayor Passed: Published: Attest: Village Clerk 1\wp8\ord.06\SU-1105CurtissOffice-PC-12-06
2
Village of Downers Grove STAFF REPORT
TO: Plan Commission HEARING DATE: March 13, 2006
FROM: Department of Community PREPARED BY: Jeff O'Brien, AICP Development Planner
TITLE
PC 12-06; 1105 Curtiss Street Special Use; The petitioners are requesting approval of a Special Use to expand an office use in an existing building located in the DT Downtown Transition district. No exterior work or physical building expansion is being proposed at this time.
APPLICATION/NOTICE: The application has been filed in conformance with applicable procedural and public notice requirements.
GENERAL INFORMATION
OWNER: AIM 1105 Curtiss Street, LLC 1105 Curtiss Street Downers Grove, IL 60515
APPLICANT: Lori and Dean Andrews 8809 Gleneagles Lane Darien, IL 60561
PROPERTY INFORMATION
EXISTING ZONING: DT Downtown Transition. EXISTING LAND USE: Professional office and residential. PROPERTY SIZE: Approximately 8,703 square feet. PINs: 09-08-305-007.
SURROUNDING ZONING AND LAND USES: ZONING FUTURE LAND USE NORTH: DT Downtown Transition Residential (25-60 DU/Acre) SOUTH: DT Downtown Transition Residential (25-60 DU/Acre) EAST: DT Downtown Transition Residential (25-60 DU/Acre) WEST: DT Downtown Transition Residential (25-60 DU/Acre) PC 12-06; 1105 Curtiss Street Special Use Page 2 March 13, 2006
ANALYSIS
SUBMITTALS
This report is based on the following documents, which are on file with the Department of Community Development:
1. Applications/Petitions for Public Hearing 2. Proof of Ownership 3. Project Summary/Cover Letter 4. Plat of Survey/Site Plan
DESCRIPTION The property is zoned DT Downtown Transition. There is currently a residential structure on the property that is being used for a first floor professional office and an apartment on the second floor. The site also has six (6) off-street parking spaces in front of and behind the existing structure. The petitioner is proposing to convert the existing second-floor apartment into a professional office space for a new user. There is no exterior site work or physical building expansion proposed at this time.
COMPLIANCE WITH THE FUTURE LAND USE PLAN According to the future land use plan, the subject property is designated as Residential (25-60 DU/Acre). The property is zoned DT and is near the DB Downtown Business district. The uses in the vicinity include a mix of commercial and high-density residential development. Staff believes the proposed use is consistent with the designation on the future land use map and will compliment the surrounding commercial and residential development. The proposal is also consistent with other Village planning documents.
COMPLIANCE WITH THE ZONING ORDINANCE The property is zoned DT. The proposed use, professional office, is a permitted special use in this zoning district. Staff believes the proposed use is consistent with the Zoning Ordinance regulations. The proposed site plan meets the zoning requirements for parking, open space, lot coverage, etc. No new exterior modifications are planned for the existing building and/or site at this time. All new modifications will be required to conform to the Zoning Ordinance.
There is sufficient on-site parking for a professional office use. The existing use and proposed use are classified as professional offices. As such, six (6) parking spaces are required for the building based on its existing square footage. If any building expansion is proposed in the future, an amendment to the special use will be required and parking requirements will be re-evaluated.
COMPLIANCE WITH THE SUBDIVISION ORDINANCE This section is not applicable.
COMPLIANCE WITH THE SIGN ORDINANCE No signs are proposed at this time. Therefore this section is not applicable.
COMPLIANCE WITH THE OGDEN AVENUE MASTER PLAN This section is not applicable.
ENGINEERING/PUBLIC IMPROVEMENTS This section is not applicable.
PUBLIC SAFETY REQUIREMENTS The Fire Prevention Division of the Fire Department has reviewed the plans and made preliminary comments. Because the commercial use is being expanded, the building will require a full fire suppression and alarm PC 12-06; 1105 Curtiss Street Special Use Page 3 March 13, 2006 system. The final building plans will be reviewed for life-safety requirements prior to the issuance of any building/occupancy permits for interior build-out.
NEIGHBORHOOD COMMENT Staff has not received any neighborhood comment regarding the proposal at this time.
FINDINGS OF FACT Section 28.1902 Standards for Approval of Special Uses The Village Council may authorize a special use by ordinance provided that the proposed Special Use is consistent and in substantial compliance with all Village Council policies and land use plans, including but not limited to the Comprehensive Plan, the Future Land Use Plan and Master Plans and the evidence presented is such as to establish the following:
(a) T hat the proposed use at that particular location requested is necessary or desirable to provide a service or a facility which is in the interest of public convenience and will contribute to the general welfare of the neighborhood or community. Staff believes the proposed office use compliments the existing pattern of development in the area. The use will help in providing a transition from the commercial uses in the downtown s core to the surrounding residential neighborhoods. As such, staff believes this standard is met.
(b) That such use will not, under the circumstances of the particular case, be detrimental to the health, safety, morals, or general welfare of persons residing or working in the vicinity or injurious to property values or improvements in the vicinity. There is currently an office located on the subject property. The proposed use is merely expanding the commercial use to the second floor of the existing building. The existing use has been and will continue to be in harmony with the surrounding neighborhood and will not be detrimental to the health, safety, morals, or general welfare of those in the vicinity. Staff believes this standard is met.
(c) That the proposed use will comply with the regulations specified in this Zoning Ordinance for the district in which the proposed use is to be located or will comply with any variation(s) authorized pursuant to Section 28- 1802. The proposed use is a permitted special use in the DT district. No alterations are proposed for the site at this time. The applicable zoning regulations will be accommodated by the existing structure and parking areas. No variations are being proposed by the petitioner. Staff believes this standard is met.
(d) That it is one of the special uses specifically listed for the district in which it is to be located. Business and professional offices are listed special uses in the DT district. Staff believes this standard is met.
RECOMMENDATIONS
The proposed special use is compatible with the surrounding zoning and land use classifications. Based on the findings listed above, staff recommends that the Plan Commission make the following motion recommending approval of a special use for a professional office at 1105 Curtiss Street:
Motion (PC 12-06): Based on the submitted petition and the testimony presented, the proposal complies with the standards required by the Downers Grove Zoning Ordinance; and, therefore, I move that the Plan Commission find that the findings included as part of the Staff Report be the findings of the Plan Commission and therefore, I recommend to the Village Council approval of a Special Use for a professional office associated with case # PC 12-06, subject to the following conditions: PC 12-06; 1105 Curtiss Street Special Use Page 4 March 13, 2006
1. The Special Use shall substantially conform to the staff report dated March 13, 2006 and with the plat of survey/site plan submitted to the Plan Commission dated December 23, 2005 prepared by JNT Land Surveying Services, Inc. except such plans may be modified to conform to Village Codes and Ordinances and the following condition: a. A building permit shall be required for any tenant build-out. 2. Prior to the issuance of a Certificate of Occupancy, the following comments shall be addressed: a. The expanded commercial use will require the installation of a fire protection alarm system shall be required per Village Code. b. A walk-through inspection conducted by the Building Division and the Fire Prevention Division shall be required. Any violations identified at that inspection shall be corrected prior to the issuance of a Certificate of Occupancy.
Staff Report Approved By:
______Don Rosenthal Director of Community Development
DR:jwo -att
H:\Staff Reports\Staff Report PC 12-06.doc ^_
PC xx-06 1105 Curtiss Street Legend Feet Selected Property 012 4 PIN: 09-08-305-007 © Department of Planning & Community Development ^_ Public Hearing Sign P:\P&CD\PROJECTS\ZONING BOARD OF APPEALS\2006 ZBA PETITION FILES\ZBA-06-06 5345 Lyman\Maps
DRAFT
VILLAGE OF DOWNERS GROVE PLAN COMMISSION MEETING, MARCH 13, 2006, 7:30 P.M.
Chairman Jirik called the March 13, 2006 meeting of the Plan Commission to order at 7:30 p.m. and asked for a roll call:
PRESENT: Chairman Jirik, Mr. Cozzo, Mrs. Hamernik, Mr. Matejczyk, Mr. Webster
ABSENT: Mr. Beggs, Mrs. Rabatah, Mr. Waechtler
STAFF PRESENT: Village Planners Jeff O Brien and Angela Clark; Asst. Public Works Dir. Mike Millette
VISITORS: Eric Granrud, C. M. LaVoie & Assoc., 1050 W. Rt. 126, Plainfield; Guy F. Brownson, 5904 Downers Drive, Downers Grove; Kim and Natalie Pieper, 5 Ashcroft Court, Bolingbrook; Ken Gerth, 4902 Washington, Downers Grove, 1st Presbyterian Church; Rev. David Blanchin, 339 4th Street, 1st Presbyterian Church; Cathy Brady, 4th & Fairview, 1st Presbyterian Church; Dave Kleespies, petitioner, 25227 Knoll Rd., Plainfield; Matt Brolley, Kozoil Engineering, 1709 Ogden Ave., Lisle; James F. Russ, Jr., Attorney, 4915 Main St., Downers Grove; Wayne Tasic 21W122 Butterfield Rd., Lombard; Tohurs Alcon, 4708 Douglas Road, Alley Vacation; Dean Andrews, 1105 Curtiss St., Downers Grove; Carl Manofsky, True North Investments 2500 S. Highland Ave., Lombard; Mr. Terry McCabe, 3860 Belle Aire, Downers Grove; M. Shlela, 1137 Curtiss St., Downers Grove; James Reilly, 1123 Curtiss St., Downers Grove
The Plan Commission recited the Pledge of Allegiance.
APPROVAL OF MINUTES
The minutes of the February 6, 2006 Plan Commission meeting were approved on motion by Ms. Hamernik, seconded by Mr. Cozzo. Motion carried by voice vote of 5-0.
The minutes of the February 13, 2006 Plan Commission meeting were approved on motion by Mr. Webster, seconded by Mr. Cozzo. Motion carried by voice vote of 5-0.
A protocol of the meeting procedures followed by the Chairman.
FILE NO. PC-09-06 (Continued from February 6, 2006 meeting) A petition seeking approval for 1) Special Use for an automobile dealership; and 2) certain parking variations for property located on the South side of Ogden Avenue, approximately 150 feet West of Seeley Avenue, commonly known as 1513 Ogden Avenue, Downers Grove, IL (PIN 09-06-404-005); Roy A. & Joyce E. Skoog, Owners; Bradley A. Skoog, Petitioner
Due to the petitioner requesting a continuation to April 3, 2006, Chairman Jirik entertained a motion to continue the hearing.
PLAN COMMISSION 1 MARCH 13, 2006
DRAFT
WITH RESPECT TO FILE PC-09-06, MR. MATEJCZYK MOVED TO CONTINUE THE HEARING TO THE NEXT AVAILABLE MEETING DATE OF APRIL 3, 2006.
SECONDED BY MRS. HAMERNIK.
ROLL CALL:
AYE: MR. COZZO, MRS. HAMERNIK, MR. MATEJCZYK, MR. WEBSTER, CHAIRMAN JIRIK
NAY: NONE
MOTION CARRIED. VOTE: 5-0
FILE NO. PC-15-06 A petition seeking an amendment to an existing Special Use for the Presbyterian Church for property located at the Southeast corner of Fairview Avenue and 4th Street, commonly known as 339 4th Street, Downers Grove, IL (PIN S 09-09-303-001,-002,-003, 09-09- 303-008,-009); James F. Russ, Jr., Attorney/Petitioner; First Presbyterian Church, Owner
Chairman Jirik swore in those individuals who would be speaking on File No. PC 15-06. Given the length of the agenda, the commissioners determined to invoke the five-minute rule for public testimony. An explanation of the five-minute rule followed.
Planner, Ms. Angela Clark, submitted her written report for the record. She explained the church is located at the corner of Fourth Street and Fairview Avenue and is a legal non-conforming use since it predates the Ordinance. Any non-conforming use that is identified as a Special Use is deemed a legal Special Use. Therefore, any changes made to the site, the petitioner must appear before the Plan Commission. A two-story addition to the church is proposed. The use complies with the village s zoning ordinance and its Future Land Use Map. The setback on the Fourth Street side is nine feet, which is non-confirming. The new addition will not affect the setback. The parking lot is non-conforming and short on parking spaces, but the Ordinance will allow it as long as the degree of the addition will not increase that need. The petitioner has restriped the lot to include a handicap space. No new traffic issues will exist. The trees will be protected. Staff supports the addition and recommends approval, subject to staff s conditions in its report.
Per a question, should the church want to sell the property to the south, it will not have to return to this Commission. Should the petitioner want to construct an addition to the church, it will require the petitioner to return to the Plan Commission. The stormwater engineers have reviewed the plans and the only outstanding issue, which was resolved prior to the meeting, was whether the gravel area was going to be used for parking. The church has stated it will not use the gravel area for parking.
On behalf of the petitioner, Mr. Jim Russ introduced Pastor Blanchin and Ken Gerth. Mr. Russ reviewed a brief history of the site and the proposed addition. The new area will provide extra room in the narthex, a new kitchen and an elevator. The use will remain the same. Mr. Russ reviewed Chapter 28, Sect. 19.02 as it relates to the petitioner meeting the four standards for Special Use, all of which were met. Questions followed regarding the gravel area, wherein Mr. Russ explained the area was considered parkway, but there were no current plans to utilize the area.
PLAN COMMISSION 2 MARCH 13, 2006
DRAFT
Chairman Jirik opened up the meeting to public participation. Hearing none, he declared public participation closed.
Mr. Matejczyk expressed concern about the property to the south, wherein Ms. Clark explained that the church stated it would return to the Plan Commission if there were lot splits.
WITH RESPECT TO FILE PC-15-06, MR. MATEJCZYK MOVED THAT THE PLAN COMMISSION FIND THAT THE FINDINGS IN STAFF S REPORT BE THE FINDINGS OF THE PLAN COMMISSION AND THAT THE PLAN COMMISSION RECOMMEND TO THE VILLAGE COUNCIL APPROVAL OF THE PETITIONER S REQUEST, SUBJECT TO THE CONDITIONS LISTED ON PAGE 4 OF STAFF S REPORT. SECONDED BY MRS. HAMERNIK.
ROLL CALL:
AYE: MR. COZZO, MRS. HAMERNIK, MR. MATEJCZYK, MR. WEBSTER, CHAIRMAN JIRIK
NAY: NONE
MOTION CARRIED. VOTE: 5-0
FILE NO. PC-14-06 A petition seeking 1) Rezoning from R-1, Single Family Residential to R-3, Single Family Residential, and 2) Lot Split for property located approximately 361 feet West of Venard Road, commonly known as 1441 Parrish Court, Downers Grove, IL (PIN 06-31-407-029); Michael A. Brayne, Petitioner; Ewa M. Wojcik & Michael A. Brayne, Owners.
Chairman Jirik swore in those individuals who would be speaking on File No. PC 14-06.
Ms. Clark explained the site is located at the end of a cul-de-sac on Parrish Court and is the only property zoned R-1; the others are R-3. The petitioner is proposing a lot split. Total square footage on the site is currently 41,120 square feet with a 212-foot frontage with one residence. Two lots are being proposed and will exceed the minimum requirements of the R-3 zoning. The proposed change is appropriate with the Future Land Use Map and Zoning Ordinance. No building plans are proposed currently. Staff recommended approval subject to the conditions in staff s report.
Petitioner, Mr. Michael Brayne, 1441 Parrish Court, stated he has lived in the house for nine years, and the residence was built in the 1960 s. While he has made a number of improvements to the 4500 square foot home to assist with the heating and cooling of the residence, he intends to demolish it and construct a smaller, 3,500 square foot home, which he believes should assist in the drainage of the area.
Chairman Jirik opened up the meeting to the public.
Mr. Jerry McCabe, 3860 Belle Air, Downers Grove, resides west of the property and asked for clarification of the frontages of the two lots. Ms. Clark explained how the measurements were calculated. Mr. McCabe asked about the calculations of the setbacks and whether the 75-foot requirement was at the 30- or 31-foot setback, wherein Ms. Clark stated it was on the 30-foot
PLAN COMMISSION 3 MARCH 13, 2006
DRAFT setback. She noted the surveyor numbers were not considered for the purpose of measurement. Instead, staff s numbers were based on the 30-foot line. Mr. McCabe asked the parallel of the arc and how it was calculated wherein Ms. Clark stated the southern side was parallel to the lot line, and it was based on staff s interpretation. Lastly, Mr. McCabe expressed concern about the lots sitting empty, and he also expressed tax concerns.
There being no further public comments, Chairman Jirik closed public participation. No further comments followed from the commissioners or from the petitioner.
Chairman Jirik explained two motions would take place: first, as it relates to the zoning and second, as it relates to the lot split. Lastly, he stated the zoning was in conformance. It was consistent with the development, and the lot split was not seeking any exceptions or variations. He supported staff s recommendation.
WITH RESPECT TO FILE PC-14-06, MR. MATEJCZYK MOVED THAT THE PLAN COMMISSION MAKE A POSITIVE RECOMMENDATION TO THE VILLAGE COUNCIL APPROVING THE REZONING REQUEST, SUBJECT TO STAFF S REPORT. SECONDED BY MRS. HAMERNIK.
ROLL CALL:
AYE: MR. COZZO, MRS. HAMERNIK, MR. MATEJCZYK, MR. WEBSTER, CHAIRMAN JIRIK
NAY: NONE
MOTION CARRIED. VOTE: 5-0
WITH RESPECT TO FILE PC-14-06, MR. MATEJCZYK MOVED THAT THE PLAN COMMISSION FIND THAT THE FINDINGS IN STAFF S REPORT BE THE FINDINGS OF THE PLAN COMMISSION AND THAT THE PLAN COMMISSION RECOMMEND TO THE VILLAGE COUNCIL APPROVAL OF THE PETITIONER S REQUEST FOR A LOT SPLIT, SUBJECT TO THE CONDITIONS AS OUTLINED ON PAGE 3 OF STAFF S REPORT. SECONDED BY MR. COZZO.
ROLL CALL:
AYE: MR. COZZO, MRS. HAMERNIK, MR. MATEJCZYK, MR. WEBSTER, CHAIRMAN JIRIK
NAY: NONE
MOTION CARRIED. VOTE: 5-0
FILE NO. PC-11-06 A petition seeking an amendment to P.D. #20 Woodcreek Business Park and approval of a Final Plat of Subdivision for property on the South side of Butterfield Road, approximately 399 feet West of Woodcreek Drive, commonly known as 2211 Butterfield Road, Downers Grove, IL (PIN 05-25-414-012); True North Investments, Owner/Petitioner
PLAN COMMISSION 4 MARCH 13, 2006
DRAFT
Chairman Jirik swore in those individuals who would be speaking on File No. PC 11-06.
Mr. O Brien discussed that a further subdivision on this property will take place. The lot will be subdivided into three parcels. Lot 3 will include a restaurant use; Lot 1 will continue to have the existing building with minimal changes; and Lot 3 will include a new office building. Tonight s approval will allow the utilities to be run to the site, configuring the access points, and parking fields. Buildings and uses will be reviewed and approved by the Plan Commission at a future date. The site plans include a conceptual drive-through plan for Lots 2 and 3 but will be approved in the future. The Village would prefer a sit-down restaurant on Lot 3 versus a restaurant with a drive- through, and it will be up to the Plan Commission and Village Council to make that final determination. In addition, the Village is working with the developer and the DuPage County Forest Preserve District to obtain an easement for access to Butterfield Road. IDOT has granted the petitioner access provided it lines up with Bob-O-Link Road to the north with certain specifications. Staff believes the petitioner has met all of the requirements of the planned development.
A discussion was held regarding the possibility that the developer may not receive the easement from the Forest Preserve District, the plan as presented would not go forward, and the developer would have to return to amend the site plan. Mr. O Brien explained that the process for the proposal was slightly different from what staff normally follows as final building plans and uses were not being presented at this point and that the petitioner was only getting the site pad-ready for marketing purposes. He noted that this process is used in many communities and was easier to work with. Mr. O Brien noted that the original Planned Development #20 had been approved with a right-in/right-out access point on Butterfield Road east of the proposed access point. He stated that the developer could choose to revert to the original plan if the Forest Preserve denied the easement.
Chairman Jirik felt it was equally important to note for the Village and the developer that while allowing preliminary developmental activities to take place under the preliminary stage, laying of any pad, structure or formulation would not encumber the Commission to grant approval should the proposal be poorly executed. Staff did not see any real issues. For marketing purposes, Mrs. Hamernik liked staff s new process in getting the building pads ready. Other commissioners agreed it was a good process.
On behalf of the petitioner, Mr. Eric Granrud, C.M. LaVoie & Associates, 14765 Budd Road, Yorkville, Illinois introduced Mr. Carl Manofsky with True North Investments. Mr. Granrud read the 1995 approved ordinance for the site, which referenced obtaining access to Butterfield Road. He stated if the proposed access could not be aligned, a loading area existed where a right-in/right- out could be created as discussed in the 1995 document. IDOT would support it. Continuing, Mr. Granrud said a stormwater analysis was done for the site showing that a decrease in impervious surface will result. Regarding the connection of utilities, the site will connect to an existing eight- inch water main, and the line will be stubbed to the existing lots. The Downers Grove Sanitary District has approved capacity for the site. Mr. Granrud reviewed the required IDOT Butterfield Road improvements. The ditch along the south side of Butterfield Road has been delineated as a wetlands and has yet to be determined if it is in the U.S. Army Corp of Engineer s jurisdiction or in the County of DuPage s jurisdiction.
Mr. Carl Manofsky, True North Investments, 2500 S. Highland Avenue, Lombard, Illinois, explained his company is a real estate acquisition company and purchased the site in October 2005.
PLAN COMMISSION 5 MARCH 13, 2006
DRAFT
Before any marketing takes place, he would like to receive input from the Plan Commission on what it would like on the site. Prior to marketing the site, his office intends to use the proposed office building site (lot 2) as his company s headquarters along with two other companies and maintain a high quality building that will include a white tablecloth restaurant on the site.
As to the right-in/right-out for Butterfield, Mr. O Brien recalled that the option was approved by IDOT. Staff believed anything approved by IDOT was considered safe. The eastern access point was actually approved as part of the original Planned Development. From a technical perspective, the Chairman indicated there appeared to be no material difference. Staff preferred what was being presented currently.
Chairman Jirik opened up the meeting to the public.
Mr. Wayne Tasic, 21W122 Butterfield Road, Lombard, distributed handouts to the commissioners. Mr. Tasic stated he has resided across the street since 1966 and was representing his neighbors in Butterfield East. He commended the Plan Commission for its development decisions for the area. Mr. Tasic asked for clarification on the measurements between a two-story building and a three- story building, wherein Mr. O Brien provided the details.
Chairman Jirik called attention to the fact that Mr. Tasic was speaking only on his behalf and not his neighbors.
Mr. Tasic asked for clarification between O-R zoning and O-R-M zoning. He stated he and his neighbors did not object to a new building but would want something similar in height and architecture. He expressed concern about the area being over built; he agreed with staff s recommendation for a no drive-through use; he asked that signage not be illuminated; and regarding the right in/right-out, he believed it was a traffic hazard since it was at the top of a hill. Regarding obtaining the easement, he asked if it was made available to other entities. He felt enough cut- through traffic traveled through his neighborhood already.
Mrs. Hamernik appreciated the aerial photos. She asked that Mr. Tasic return to the next meeting as it relates to uses for the proposed site. She sympathized with him as to the signage.
Mr. Matejczyk also appreciated Mr. Tasic s work and recommended he return to discuss his concerns about signage and buildings.
Mr. O Brien clarified for Mr. Tasic that the Future Land Use Map was not the zoning map. The property was zoned O-R-M, and the Permitted Uses would include a sit-down restaurant. Any drive-throughs were considered Special Uses. Chairman Jirik further explained the differences between the Future Land Use Map and the zoning map.
Chairman Jirik closed the public participation portion of the meeting.
Mr. Eric Granrud, C.M. LaVoie & Associates, closed by explaining that the overall area for the easement being acquired was .04 acres and comprised mostly of brush. He explained his discussions with IDOT as it relates to the connection to Bob-O-Link and the fact that if the lanes are widened the access would become a right-in/right-out. Mr. Granrud asked Mr. Tasic when he took the pictures of the signage. For the record, Mr. Granrud stated one of signs on the building would
PLAN COMMISSION 6 MARCH 13, 2006
DRAFT be removed. In general, he emphasized that the overall project was very viable and allowed the Village to build tax-based businesses for the area.
Mr. Webster asked the petitioner about the importance of the additional access to Butterfield Road, wherein Mr. Granrud stated it was mainly due to marketing. Documentation also existed for the approved PUD recommending that the owner work with IDOT and Village staff for access to the site. Public Works Asst. Dir. Mike Millette explained that IDOT does consider collecting access point data and considers sight distance and land geometry when it reviews its plans. Mr. Granrud stated the access was along the slope of the road and was not at the top of the hill.
For the record, Mr. Granrud stated Mike Wisnewski from IDOT was the permitting engineer to whom he spoke. The petitioner submitted two sets of plans to IDOT, and there were no comments as to the access issue.
Mr. Webster was satisfied with the input of the other agencies and believed the proposal was a viable asset to the owner of the site. Chairman Jirik agreed with staff s position on the drive- through issue and acknowledged that the petitioner heard the public s concerns.
WITH RESPECT TO FILE PC-11-06, MRS. HAMERNIK MOVED THAT THE PLAN COMMISSION FIND THAT THE FINDINGS INCLUDED AS PART OF THE STAFF REPORT BE THE FINDINGS OF THE PLAN COMMISSION AND THAT THE PLAN COMMISSION RECOMMEND TO THE VILLAGE COUNCIL APPROVAL OF AN AMENDMENT TO PLANNED DEVELOPMENT #20 AND FINAL PLAT OF SUBDIVISION FOR A RESTAURANT SITE, AN OFFICE SITE, AND ASSOCIATED PARKING, SUBJECT TO THE FOLLOWING CONDITIONS:
1. THE PLANNED DEVELOPMENT SHALL SUBSTANTIALLY CONFORM TO THE STAFF REPORT DATED MARCH 6, 2006 AND WITH THE PLANS SUBMITTED TO THE PLAN COMMISSION DATED FEBRUARY 6, 2006 PREPARED BY C.M. LAVOIE AND ASSOCIATES, INC. EXCEPT SUCH PLANS MAY BE MODIFIED TO CONFORM TO VILLAGE CODES AND ORDINANCES AND THE FOLLOWING CONDITIONS: a. PRIOR TO ANY SITE DEVELOPMENT ACTIVITIES, AN EASEMENT SHALL BE OBTAINED FROM THE DUPAGE COUNTY FOREST PRESERVE DISTRICT TO ALIGN THE FULL WESTERN ACCESS POINT WITH BOB-O-LINK ROAD. THE VILLAGE OF DOWNERS GROVE WILL, BUT SHALL NOT BE OBLIGATED TO, HELP THE PETITIONER IN OBTAINING THE EASEMENT. ALL NECESSARY PLATS, AGREEMENTS AND OTHER DOCUMENTS SHALL BE ON FILE WITH THE VILLAGE. b. PRIOR TO RECEIVING A BUILDING PERMIT FOR LOT 2 AND LOT 3 FINAL USERS, BUILDING ELEVATIONS AND FLOOR PLANS SHALL RECEIVE THE APPROVAL OF A PLANNED DEVELOPMENT AMENDMENT PURSUANT TO CHAPTER 28 OF THE MUNICIPAL CODE. IT SHALL BE THE VILLAGE OF DOWNERS GROVE S PREFERENCE FOR A SIT-DOWN RESTAURANT ON LOT 3. c. SPECIAL USES FOR THE DRIVE-THROUGH FACILITIES DEPICTED ON THE SHEET TITLED DRIVE-THRU EXHIBIT DATED FEBRUARY 6,
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DRAFT
2006 AND PREPARED BY C.M. LAVOIE AND ASSOCIATES, INC. ARE SPECIFICALLY NOT APPROVED AS PART OF THIS PETITION. THE DRIVE-THROUGH FACILITIES SHALL BE FORMALLY REVIEWED AS PART OF THE FUTURE PLANNED DEVELOPMENT AMENDMENTS FOR LOT 2 AND LOT 3. 2. PRIOR TO THE COMMENCEMENT OF SITE DEVELOPMENT ACTIVITIES, THE PLAT OF SUBDIVISION SHALL BE RECORDED IN THE DUPAGE COUNTY RECORDER S OFFICE. 3. PRIOR TO THE COMMENCEMENT OF SITE DEVELOPMENT ACTIVITIES, THE APPROPRIATE PERMITS (WATER, STORMWATER, SITE DEVELOPMENT, RIGHT-OF-WAY, ETC.) SHALL BE OBTAINED FROM THE APPROPRIATE PERMITTING AUTHORITY. THE FOLLOWING COMMENTS SHALL BE ADDRESSED PRIOR TO THE COMMENCEMENT OF ANY SITE DEVELOPMENT ACTIVITIES: a. A WETLAND DETERMINATION SHALL BE PROVIDED. b. A LANDSCAPE/RESTORATION PLAN AND PLANT LIST CONSISTENT WITH THE FOREST PRESERVE DISTRICT S RECOMMENDATIONS FOR NATIVE PLANT SPECIES SHALL BE PROVIDED FOR THE EASEMENT AREA (BOB-O-LINK ROAD ACCESS POINT). c. THE FIRE HYDRANT SPECIFICATIONS IN NOTE #2 AND DETAIL COMMENT #3 ON SHEET 2 SHALL BE CORRECTED TO STATE WATEROUS WB-67 . d. NOTE #11 ON SHEET 2 SHALL BE CORRECTED TO STATE VALVES 6 , 8 , AND 10 SHOULD BE PLACED IN A 60 VALVE VAULT. VALVES 12 SHOULD BE PLACED IN A 72 VAULT. e. COMMENT #4 IN THE FIRE HYDRANT DETAIL ON SHEET 4 SHALL BE CORRECTED TO STATE VALVE BOX TYPE 2 PIECE TYLER 664 . f. THE SIX (6) INCH VALVE FOR THE WATER SERVICE TO LOT 2 SHALL BE RELOCATED TO THE EXISTING EIGHT (8) INCH WATER MAIN IN ORDER TO ENSURE PROPER PRESSURE TESTING AND CHLORINATION. g. THE SIZE AND LOCATION OF THE DOMESTIC WATER SERVICES FOR LOT 2 AND LOT 3 SHALL BE SHOWN ON THE PLANS. h. THE TWO (2) PROPOSED FIRE HYDRANTS AND THE EXISTING FIRE HYDRANT SHALL BE PAINTED RED TO INDICATE THEY ARE PRIVATE. i. PLEASE CONTACT THE WATER DIVISION TO DISCUSS WATER MAIN LOOPING WITH THE VILLAGE S EXISTING TWELVE (12) INCH MAIN ALONG BUTTERFIELD ROAD.
SECONDED BY MR. MATEJCZYK.
ROLL CALL:
AYE: MR. COZZO, MRS. HAMERNIK, MR. MATEJCZYK, MR. WEBSTER, CHAIRMAN JIRIK
NAY: NONE
PLAN COMMISSION 8 MARCH 13, 2006
DRAFT
MOTION CARRIED. VOTE: 5-0
FILE NO. PC-13-06 A petition seeking 1) annexation and rezoning from County R-1, Single Family Residential to Village R-3, Single Family Residential and 2) Preliminary Plat of Subdivision approval with Exceptions for property located at the Northwest corner of 63rd Street and Springside Avenue, commonly known as 1700 63rd Street, Downers Grove, IL (PIN 09-18-308-039 and 09-18- 308-038); S&S Development/Petitioner; S&S Development of Downers Grove, LLC, Owner
Chairman Jirik swore in those individuals who would be speaking on File No. PC 13-06.
Ms. Clark summarized that the proposed site was located in unincorporated DuPage County and was zoned R-1. The petitioner was requesting annexation to the village and requesting R-3 zoning which was compatible with the surrounding area. The petitioner is proposing to split two lots into three lots to create single-family homes. There are some inconsistencies in staff s report and the plans. The lot depths for Lots 2 and 3 are listed as 123 feet and 126 feet, respectively. However, both lots are 125 feet deep. The exceptions for the lots include the request for the right-of- way and for lot depth. Both lots will exceed the R-3 lot area requirements, but the right-of-way exception is for a 66 ft. right-of-way where 70 feet is required. In the past, Staff has and did support the request for the right-of-way.
A number of public improvements are to take place but staff has requested that, in conjunction with the subdivision on Bryan Court, certain improvements take place so that the Village can coordinate the projects as an overall Village project at a later date. The only public improvements that are being requested by the Village at this time are for the sidewalk on the west side of Springside. Stormwater management issues are being worked out. Staff does have concerns with lot depth exceptions for Lots 2 and 3.
Mr. Tracy Kasson, Rathje & Woodward, 300 E. Roosevelt Road, representing S&S Development, explained there would be no stormwater detention. Swales will be used and integrated with adjoining developments. The issue will be worked out with Village staff.
Ms. Clark reported the lots west of the proposal were 75 feet to 80 feet wide and were located in unincorporated DuPage County. To the north, staff recalled the lots in the Brian Court subdivision met Code. The lots on 63rd Street were more in line with proposed Lot 1.
Mr. Kasson, on behalf of the petitioner, explained all setbacks and area will be met and that the lot depth is an exception to the Village s Subdivision Ordinance and not in the Village s Zoning Ordinance, which was why he was seeking the deviation. He further explained the site was an in- fill site just less than one acre located at 63rd Street and Springside Avenue. The site was near the high school and across from a dense townhome development. Other lot dimensions in the area were pointed out on an aerial photograph. Mr. Kasson stated lot depths for Lots 2 and 3 would be facing Lot 1 and not the other adjacent properties.
Mr. Matt Brolley, Kozoil Engineering 1709 Ogden, Lisle, Illinois, reviewed the plan noting that the site will be tapping into a watermain located on the east side of Springside for the two lots and the sanitary main will be extended along with the Brian Court subdivision. Currently, he is working
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DRAFT with staff on the stormwater issues. Swales will be used. Regarding the building footprints on the plans, they were just preliminary.
Mrs. Hamernik asked for the backyard depth, wherein Mr. Brolley stated that for Lot 3 it was 55 feet.
Regarding the rezoning standards, Mr. Kasson explained the site comes into the Village as R-1, single family residential which he and the petitioner did not feel was appropriate, since R-3, single family residential was consistent for the area and with the Village s comprehensive plan. As to the deviations in the Subdivision Ordinance, he and staff felt the right-of-way exception was consistent with the area to the north. The lot depth exception would not have any impact on the reasonable uses surrounding the property, and the two lots with the exceptions will be backing up to Lot 1. Similar yard depths are found in the area. The proposal met the trend of development. Mr. Kasson continued to review how the proposal met other standards.
Mr. Kasson proceeded to explain his client s hardship was defined as keeping the curb cuts to a minimum and that the highest and best use for the site could be something other than single-family homes. As a result, he will have to provide a high quality, single-family development. Mr. Kasson also believed the lot width requirement was in the Subdivision Ordinance specifically because the Village planners and the Village Council believed it was more important than placing it in the Zoning Ordinance.
Chairman Jirik opened the meeting to the public.
Mr. Guy Brownson, 5904 Downers Drive, Downers Grove, liked the curb cut. He did have concerns about a natural spring on the east side and wanted it to continue to drain. As a resident of the neighborhood for 20 years, he was very familiar with the area. He asked to maintain no parking on Springside. In response to the water concerns, Mr. Brolley stated there would be a graded ditch and no change to the current conditions. The existing runoff along the west side of the site will remain. As to the parking, Mr. Kasson explained that whatever was annexed would go to the far side as it relates to the developer s section. The village would have control of Springside across the street with the rest governed by the County.
Mrs. Hamernik asked if there were any wetlands on the site, wherein Mr. Brolley indicated a consultant did review the site but nothing was determined on the site. Mr. Kasson noted if there were a wetlands, it would probably be located in the northwest/western section of the site or Lot 1. On that note, Chairman Jirik pointed out it was the developer s problem if they drew lot lines prior to any wetlands determination. Mrs. Hamernik did not see any hardship, wherein Mr. Brolley explained the reason the three lots were not all set on one side of Springside was because the 55 foot size lots were not ideal for the site.
Chairman Jirik discussed what the real trend for the neighborhood was commenting on some of the aesthetics. Regarding Lots 2 and 3, Mrs. Hamernik cautioned the petitioner about detached garages and their effect on rear yards.
Chairman Jirik closed the public participation portion of the meeting.
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DRAFT
Mr. Kasson closed by stating the development would be a benefit to the neighborhood; it would be a good tax benefit for the schools; and the corner was a difficult area to develop.
Mr. Matejczyk believed the proposal was the most appropriately laid out plan and recommended submitting a positive recommendation.
WITH RESPECT TO FILE NO. PC -13-06, MR. MATEJCZYK MOVED THAT THE PLAN COMMISSION SEND A POSITIVE RECOMMENDATION TO VILLAGE COUNCIL APPROVING THE PROPOSED ANNEXATION AND PRELIMINARY PLAT OF SUBDIVISION, SUBJECT TO THE FOLLOWING CONDITIONS:
1. BUILDING PERMITS MUST BE OBTAINED PRIOR TO ANY AND ALL SITE IMPROVEMENTS. 2. ANY CHANGES TO THE CONDITIONS REPRESENTED BY THE PETITIONER AS THE BASIS FOR THIS PETITION, WHETHER THOSE CHANGES OCCUR PRIOR TO OR AFTER VILLAGE APPROVAL, SHALL BE PROMPTLY REPORTED TO THE VILLAGE. CHANGES MAY REQUIRE ADDITIONAL REVIEW OF THE SUBDIVISION AND/OR EXCEPTIONS. 3. SCHOOL AND PARK DISTRICT FEES MUST BE CONFIRMED AND PAID PRIOR TO BUILDING PERMIT ISSUANCE. 4. ALL OUTSTANDING STORMWATER AND DETENTION ISSUES MUST BE RESOLVED PRIOR TO BUILDING PERMIT ISSUANCE.
SECONDED BY MR. WEBSTER.
ROLL CALL:
AYE: MR. COZZO, MRS. HAMERNIK, MR. MATEJCZYK, MR. WEBSTER, CHAIRMAN JIRIK
NAY: NONE
MOTION CARRIED. VOTE: 5-0
(The Plan Commission recessed at 10:00 p.m. and reconvened at 10:05 p.m.)
FILE NO. PC-10-06 A petition seeking a lot split with lot width exceptions for property located on the east side of Blodgett Avenue, approximately 400 feet South of Hill Street, commonly known as 5319 Blodgett Avenue, Downers Grove, IL (PIN 09-08-417-008); Vincent M. Kleespies, Owner/Petitioner
Chairman Jirik swore in those individuals who would be speaking on File No. PC 10-06.
Ms. Clark reported the petitioner applied for and was approved for a lot split in 1974. The lot split, however, was not recorded within the one-year timeframe, and the petitioner has to go through the process again. The lot split is compatible with the Future Land Use Map and zoning map as it relates to the uses being proposed. Each lot is 66 feet wide, but the current R-2 zoning requires an 85-foot lot width. To the immediate west of the property, the zoning district is R-4. Staff has asked
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DRAFT the petitioner to provide a five-foot public utilities and drainage easement on both sides of the lot and a ten feet easement on the rear, which is standard. Staff supports the request for the lot split subject to the conditions in staff s report. The overall neighborhood has 66-foot wide lots. The Chairman believed by granting the request, it would enhance conformity.
Petitioner, Mr. Dave Kleespies, 25227 Knoll Road, Plainfield, Illinois, added when the parcel was approved in 1974, his father received correspondence from his lawyer stating no further action was necessary. He agreed with the Chairman that the split would promote conformity as well.
Chairman Jirik opened up the meeting to public participation. No comments followed. The Chairman closed the public participation portion of the meeting.
WITH RESPECT TO FILE NO. PC-10-06, MRS. HAMERNIK MOVED THAT THE PLAN COMMISSION FIND THAT THE FINDINGS INCLUDED AS PART OF THE STAFF REPORT BE THE FINDINGS OF THE PLAN COMMISSION AND RECOMMEND TO THE VILLAGE COUNCIL APPROVAL OF THE ZONING ACTIONS FOR THE SUBJECT PROPERTY, SUBJECT TO THE FOLLOWING CONDITIONS:
1. THE EXISTING RESIDENCE MUST BE DEMOLISHED. 2. THE PETITIONER MUST SUBMIT A PLAT OF EASEMENT SHOWING FIVE (5) FOOT PUBLIC UTILITIES AND DRAINAGE EASEMENTS ALONG EACH PROPERTY S SIDE LOT LINES AND TEN (10) FOOT PUBLIC UTILITIES AND DRAINAGE EASEMENTS ALONG EACH PROPERTY S REAR LOT LINES. 3. ANY CHANGES TO THE CONDITIONS REPRESENTED BY THE PETITIONER AS THE BASIS FOR THIS PETITION, WHETHER THOSE CHANGES OCCUR PRIOR TO OR AFTER VILLAGE APPROVAL, SHALL BE PROMPTLY REPORTED TO THE VILLAGE. CHANGES MAY REQUIRE ADDITIONAL REVIEW OF THE SUBDIVISION AND/OR EXCEPTIONS; AND 4. IT IS THE PETITIONER S OBLIGATION TO MAINTAIN COMPLIANCE WITH ALL APPLICABLE FEDERAL, STATE, COUNTY AND VILLAGE LAWS, ORDINANCES, REGULATIONS, AND POLICIES.
SECONDED BY MR. COZZO.
Chairman Jirik added that he was in agreement with staff s discussion as to the standards summarized in staff s memo.
ROLL CALL:
AYE: MR. COZZO, MRS. HAMERNIK, MR. MATEJCZYK, MR. WEBSTER, CHAIRMAN JIRIK
NAY: NONE
MOTION CARRIED. VOTE: 5-0
FILE NO. PC-12-06 A petition seeking a Special Use for the expansion of a professional office on property located on the South side of Curtiss Street, approximately 153 feet west of Forest Avenue,
PLAN COMMISSION 12 MARCH 13, 2006
DRAFT commonly known as 1105 Curtiss Street, Downers Grove, (PIN 09-08-305-007); David L. DePew, II, Petitioner; Lori & Dean Andrews/AIM, Owners
Chairman Jirik swore in those individuals who would be speaking on File No. PC-12-06.
Mr. O Brien reported the Special Use was for an expansion of an office use in the DT, Downtown Transition District. Currently, there is an office use on the first floor of the building and a residential use on the second floor. The petitioner is seeking to convert the second floor into office space. The existing six parking spaces meet the criteria for the DT district. Staff reviewed the petition based on the standards for Special Uses and believed the proposal was consistent with the surrounding uses and recommended approval of the special use. Prior to receiving a Certificate of Occupancy, the Building Division will require a walk-through inspection.
Discussion followed by staff that sprinklers were required throughout the entire building.
Petitioner, Mr. Dean Andrews, 8809 Glen Eagle Lane, Darien, Illinois, noted a spelling error to his name and noted when the petition was originally submitted, it was submitted with the previous owners name. In December 2005, Mr. Andrews and his wife purchased the building and are now the current owners of the building. Mr. Andrews stated he was trying to continue the pattern of development in the downtown district. His wife owns a private practice on Curtiss Street east of Main Street, and she would like to expand her business. A fire inspection took place and a fire suppression system already exists. The only recommendation by the Fire Department was to provide a fire extinguisher on the second floor. Mr. Andrews stated he would be providing extinguishers on each floor. Lastly, he reported the city inspector came through the building and found the building to be in compliance.
Chairman Jirik opened up the meeting to the public.
Mr. Jim Reilly, 1123 Curtiss, Downers Grove, owns the property next door currently being rehabbed to a single-family residence. He inquired as to what type of business would be located on the second floor of the proposal and any ramifications. He asked whether the Special Use went with the sale of the property. He inquired about signage.
Mr. O Brien indicated the most intense use for the site was a beauty/barber shop, and it was limited to 2,500 sq. feet on the first floor. Because the request was a Special Use for a professional office, if the site was sold, the new owner would have to return to the Plan Commission, and the village would require a walk-through. The use of the building is limited to the parking on the site. Bright, flashing neon lights are not allowed in the Downtown Transition District. The Downtown Transition District is specifically meant to mix uses of single-family, some institutional, and light commercial/light office.
Chairman Jirik closed the public participation portion of the meeting.
Petitioner Dean Andrews stated he chose the site because it was quiet, and he wanted to be a good neighbor.
WITH RESPECT TO FILE NO. PC-12-06. MRS. HAMERNIK MOVED THAT THE PLAN COMMISSION FIND THAT THE FINDINGS INCLUDED AS PART OF THE STAFF
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DRAFT
REPORT BE THE FINDINGS OF THE PLAN COMMISSION AND RECOMMEND TO THE VILLAGE COUNCIL APPROVAL OF A SPECIAL USE FOR A PROFESSIONAL OFFICE, SUBJECT TO THE FOLLOWING CONDITIONS: 1. THE SPECIAL USE SHALL SUBSTANTIALLY CONFORM TO THE STAFF REPORT DATED MARCH 13, 2006 AND WITH THE PLAT OF SURVEY/SITE PLAN SUBMITTED TO THE PLAN COMMISSION DATED DECEMBER 23, 2005 PREPARED BY JNT LAND SURVEYING SERVICES, INC. EXCEPT SUCH PLANS MAY BE MODIFIED TO CONFORM TO VILLAGE CODES AND ORDINANCES AND THE FOLLOWING CONDITION: a. A BUILDING PERMIT SHALL BE REQUIRED FOR ANY TENANT BUILD- OUT. 2. PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY, THE FOLLOWING COMMENTS SHALL BE ADDRESSED: a. THE EXPANDED COMMERCIAL USE WILL REQUIRE THE INSTALLATION OF A FIRE PROTECTION ALARM SYSTEM SHALL BE REQUIRED PER VILLAGE CODE. b. A WALK-THROUGH INSPECTION CONDUCTED BY THE BUILDING DIVISION AND THE FIRE PREVENTION DIVISION SHALL BE REQUIRED. ANY VIOLATIONS IDENTIFIED AT THAT INSPECTION SHALL BE CORRECTED PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY.
SECONDED BY MR. MATEJCZYK.
ROLL CALL:
AYE: MR. COZZO, MRS. HAMERNIK, MR. MATEJCZYK, MR. WEBSTER, CHAIRMAN JIRIK
NAY: NONE
MOTION CARRIED. VOTE: 5-0
FILE NO. PC-16-06 A petition seeking an alley vacation immediately East of the property commonly known as 513 Chicago Avenue, Downers Grove, (PIN 09-08-212-016); James M. Holmes, Petitioner/Owner
Chairman Jirik swore in those individuals who would be speaking on File No. PC 16-06.
Mr. O Brien explained the proposal was a simple request for the vacation of a 14-foot wide alley. The land would be attached to the petitioner s property. Per staff, the Plan Commission will make a recommendation to the Village Council, at that point, the petitioner will be required to provide an appraisal of the alley to the Village Council before a decision is made. After accepting the appraisal, a price will be agreed upon, an ordinance vacating the alley will be drafted and a plat of vacation will be provided by the petitioner and filed with the village. Staff has notified the various utility providers and public entities. Both AT&T and Commonwealth Edison have utility lines in the alley, but they are not against the vacation. Both companies are requesting that their rights to maintain the utility lines be maintained. The Public Works Engineering Division would like to
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DRAFT maintain a utility and drainage easement over the entire alley. The petitioner has agreed and wants to add the land to their property. The Village does not need the alley to maintain public safety and welfare.
Staff recommended approval with the condition that utility and drainage easements be maintained. Prior to Council consideration, an appraisal will be required from a certified real estate appraiser. A copy of Resolution No. 2003-58, Vacation Policy, was attached to staff s report.
A question was raised if a nearby alley would ever be opened up by the Village, whereby Mr. O Brien explained typically the Village vacates an entire alley and not portions of it. The petitioner was required to contact at least two abutting neighbors. The two neighbors did agree to the vacation.
Petitioner, Mrs. Katie Holmes, 513 Chicago Avenue, Downers Grove, was looking to vacate the north/south alley only. She confirmed that the utility companies and public entities were contacted and had no outstanding issues. The petitioner had no issue with retaining an easement for the utility companies. She understood that no structure was to be constructed on the property except for a fence, which she was not planning to install.
No public participation followed; no closing statement followed.
WITH RESPECT TO FILE PC-26-05, MRS. HAMERNIK MOVED THAT THE PLAN COMMISSION FIND THAT THE FINDINGS INCLUDED AS PART OF THE STAFF REPORT BE THE FINDINGS OF THE PLAN COMMISSION AND RECOMMEND TO THE VILLAGE COUNCIL APPROVAL OF A RIGHT-OF-WAY VACATION FOR THE PORTION OF THE FOURTEEN (14) FOOT PUBLIC ALLEY IMMEDIATELY EAST OF AND ADJACENT TO 513 CHICAGO AVENUE, SUBJECT TO THE FOLLOWING CONDITIONS:
1. THE VACATION SHALL SUBSTANTIALLY CONFORM TO THE STAFF REPORT DATED MARCH 13, 2006 AND WITH THE PLAT OF SURVEY/SITE PLAN SUBMITTED TO THE PLAN COMMISSION DATED APRIL 23, 2001 PREPARED BY SCHOMIG LAND SURVEYORS, LTD. EXCEPT SUCH PLANS MAY BE MODIFIED TO CONFORM TO VILLAGE CODES AND ORDINANCES AND THE FOLLOWING CONDITION: a. A UTILITY AND DRAINAGE EASEMENT SHALL BE RETAINED BY THE VILLAGE OF DOWNERS GROVE AND OTHER APPLICABLE UTILITY COMPANIES FOR THE MAINTENANCE OF THE EXISTING UTILITY FACILITIES AND FUTURE UTILITY NEEDS. b. THE CONSTRUCTION OF FUTURE STRUCTURES ON THE ALLEY PROPOSED TO BE VACATED SHALL BE LIMITED TO FENCES. CONSTRUCTION OF ANY NEW BUILDINGS ON THE ALLEY SHALL NOT BE PERMITTED. 2. PRIOR TO VILLAGE COUNCIL CONSIDERATION, THE PETITIONER SHALL PROVIDE AN APPRAISAL OF THE ALLEY FROM A CERTIFIED PROFESSIONAL REAL ESTATE APPRAISER.
SECONDED BY MR. MATEJCZYK.
PLAN COMMISSION 15 MARCH 13, 2006
DRAFT
ROLL CALL:
AYE: MR. COZZO, MRS. HAMERNIK, MR. MATEJCZYK, MR. WEBSTER, CHAIRMAN JIRIK
NAY: NONE
MOTION CARRIED. VOTE: 5-0
OTHER BUSINESS:
Chairman Jirik announced the next meeting would be held on April 3, 2006. Because there is an extended calendar, matters that are more complex can be devoted to a specific date. Mr. O Brien noted he would like to keep open some of the extra dates for workshops since some of the petition activity seems to be slowing down. Chairman Jirik suggested using the April 10, 2006 date to review procedural items. As of May 1, 2006, the start time for meetings will be at 7:00 p.m. and not 7:30 pm. Mr. O Brien stated the village s public relations department was notified of the new start time and was publicizing it.
A suggestion was made to staff to include larger maps of the parcels being discussed.
MR. MATEJCZYK MOVED TO ADJOURN THE MEETING AT 10:59 P.M., AND MRS. HAMERNIK SECONDED THE MOTION.
MOTION CARRIED UNANIMOUSLY BY VOICE VOTE OF 5-0.
/s/ Celeste K. Weilandt Celeste K. Weilandt (As transcribed by MP-3 audio)
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