VILLAGE OF DOWNERS GROVE – PLAN COMMISSION by chenmeixiu

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									           VILLAGE OF DOWNERS GROVE – PLAN COMMISSION
                 VILLAGE HALL COUNCIL CHAMBERS
                      801 BURLINGTON AVENUE

                                     June 6, 2011
                                      7:00 P.M.

                                      AGENDA

                                PUBLIC HEARING



PC-09-11    A petition seeking: 1) Zoning Ordinance Text Amendment to add recycling
            collection drop-boxes use to the list of special uses for the B-2, General Retail
            Business district; and 2) Special Use approval for recycling collection drop-boxes
            for the property located on the north side of 75th Street approximately 1850 feet
            west of Lemont Road, commonly known as 1520 75th Street, Downers Grove,
            Illinois 60516 (PIN’s 09-30-201-015, -028); The Salvation Army, c/o Mitchell J.
            Melamed, Petitioner; The Grove Associates, c/o Robin Realty and Management,
            Owner

PC-10-11    (Continued from 4/25/11)
            A petition seeking approval of the Final Plat of Subdivision to consolidate two
            lots into one lot for the property located on the east side of Saratoga Avenue
            approximately 150 feet north of Franklin Street and on the west side of Prince
            Street approximately 150 feet north of Franklin Street commonly known as 4825
            Saratoga Avenue and 4824 Prince Street, Downers Grove, Illinois (PIN’s 09-08-
            107-006, -014); Jeffrey Crane, Petitioner; Jeffrey and Melanie Crane, Owners




    THIS TENTATIVE REGULAR AGENDA MAY BE SUBJECT TO CHANGE

 DOWNERS GROVE STAFF REPORT WILL BE AVAILABLE AT THE RESEARCH DESK IN
THE LIBRARY OR ON-LINE AT www.downers.us AFTER 5:00 P.M. ON THE FRIDAY BEFORE
                            THE MEETING DATE
                                         VILLAGE OF DOWNERS GROVE
                                        REPORT FOR THE PLAN COMMISSION
                                             JUNE 6, 2011 AGENDA


 SUBJECT:                               TYPE:                                  SUBMITTED BY:

                                        Zoning Ordinance Text Amendment
 PC-09-11                               and Special Use for             Jeff O Brien, AICP
 1520 75th Street                       Donation Collection Boxes       Planning Manager

REQUEST
The petitioner is requesting to place three (3) donation collection boxes in the parking lot at the Grove Shopping
Center. The request requires an amendment to the list of special uses in the B-2, General Retail Business district,
and a Special Use approval.

NOTICE
The application has been filed in conformance with applicable procedural and public notice requirements.

GENERAL INFORMATION

        OWNER:                  The Grove Associates
                                c/o Robin Realty and Management
                                1333 N. Wells Street
                                Chicago, IL 60610

        APPLICANT:              The Salvation Army
                                c/o Mitchell J. Melamed
                                330 N. Wabash, Suite 1700
                                Chicago, IL 60610

PROPERTY INFORMATION

        EXISTING ZONING:        B-2, General Retail Business and P. D. # 9
        EXISTING LAND USE:      Commercial (Grove Shopping Center)
        PROPERTY SIZE:          26.5 acres
        PIN:                    09-30-201-015, -028

        SURROUNDING ZONING AND LAND USES
                          ZONING                                         FUTURE LAND USE
             North:       R5A, Townhouse Residence                       Residential (0-6 D.U/acre)
             South:       B-2, General Retail Business &                 Commercial
                          P.D. # 9
             East:        B-2, General Retail Business &                 Commercial
                          P.D. # 9
             West:        B-2, General Retail Business &                 Commercial
                          P.D. # 9
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     PC-09-11, 1520 75 Street                                                                            Page 2
     June 6, 2011


ANALYSIS

     SUBMITTALS
     This report is based on the following documents, which are on file with the Department of Community
     Development:

              1.   Application/Petition for Public Hearing
              2.   Project Summary
              3.   Plat of Survey
              4.   Photographs

     PROJECT DESCRIPTION
     The petitioner is requesting approval to allow three donation collection boxes in the parking lot
     immediately south of the Salvation Army second-hand store located at 1520 75th Street. The subject
     property is located at the west end of the Grove Shopping Center located on the northwest corner of
     Lemont Road and 75th Street. There are three donation collection boxes located on the site. Staff
     permitted the collection boxes to remain on site while the applicant proceeded to get the proper zoning
     approvals. Granting of the applicant s request would allow permanent location of the drop-boxes in the
     proposed location.

     The 76 by 48 wide boxes would remain located in the parking lot adjacent to the petitioner s tenant
     space. The boxes are approximately 150 feet from the storefront. The drop-boxes would continue to
     occupy two parking spaces and would be used for collection of used household materials, primarily
     clothes. The petitioner, Salvation Army, empties the boxes daily to prevent overflow.

     Donation collection boxes are not permitted in any zoning district. Second-hand stores, such as the
     Salvation Army store, are listed as permitted uses in the B-2 zoning district if conducted wholly within
     completely enclosed building. Because the collection boxes are not permitted and not contained within
     the building, they are not permitted as part of this activity per the zoning ordinance.

     Based on the current standards, the application requires two types of relief 1) A text amendment to add
     second-hand stores with exterior donation collection boxes as a special use in the B-2 zoning district and
     2) a special use for the specific location of the collection boxes.

     Zoning Ordinance Text Amendment
     The petition requires approval of an amendment to Section 28.606 B-2 District Special Uses of the
     Zoning Ordinance. As noted above, donation collection boxes are not permitted by the Village.
     Specifically, Exterior Donation Collection Boxes when Accessory to a Second Hand Store would need
     to be added to the list of permitted Special Uses in the B-2 General Retail Business district.

     In early 2010, the Village of Downers Grove became aware that the number of boxes had proliferated
     throughout the community. Village staff received multiple complaints about the conditions around many
     of the boxes. In many cases, the donation collection boxes became nuisances because donated items
     would accumulate around the boxes creating unsightly conditions. Due to the zoning ordinance s
     prohibition on the boxes and the complaints, Village staff went through an extensive code compliance
     effort to have the boxes removed.

     The effort to remove the donation boxes took approximately four months to complete. In April and May
     2010, Village staff inventoried all commercial properties and found approximately 55 donation boxes on
     28 properties. Notices that the collection boxes were not permitted were provided to property owners and
     tenants in June 2010. By August 2010, most of the boxes had been removed.
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PC-09-11, 1520 75 Street                                                                                Page 3
June 6, 2011


Village staff permitted the Salvation Army to maintain its boxes while they proceed through the zoning
entitlement process. Since the Village s efforts, there have been several instances of donation boxes re-
appearing at some of the properties. Those boxes were quickly removed after staff contacted the owners.

Per Section 28.604 B-2 District General Provisions of the Zoning Ordinance, the B-2 General Retail
Business district is composed of those businesses which are normally community-wide or larger in
character. The B-2 district areas are centrally located at the convergence of major traffic arteries. The uses
in the B-2 zoning district generally fall between the more intense car-oriented uses, reserved for the B-3
zoning district, and smaller neighborhood establishments of the B-1 zoning district. The B-2 zoning
district areas are currently concentrated around Belmont Road and Fairview Avenue Metra stations,
Belmont Road and Maple Avenue, Main and 63rd Streets, 63rd Street and Woodward Avenue, and along
the north side of 75th Street.

The amendment would need to be placed in the special use category of the B-2 district. The placement in
the special use category would allow additional Village oversight on the placement of the donation boxes.
Additionally, this category of uses is consistent with other outdoor activities in the B-2 district.
Currently, the B-2 allows the following outdoor activities: automobile dealerships, car washes, drive-
through uses, aircraft landing areas and animal kennels. Most of the properties in the B-2 zoning district
abut residential neighborhoods. As such, outdoor activities require special use review to protect the
surrounding areas from detrimental impacts.

COMPLIANCE WITH FUTURE LAND USE PLAN
The Future Land Use Plan designates the property as Commercial. The property is surrounded by
commercial uses on the east, south and west sides, while a residential development abuts the property to
the north. While the proposed recycling collection drop-boxes do not alter the land use characteristics of
the Grove Shopping Center, staff believes allowing exterior donation collection boxes could have
negative impacts to the characteristics of the B-2 zoning district. Staff believes even as special uses, the
collection boxes are difficult to regulate and have a potential for creating unsightly conditions on
commercial properties.

COMPLIANCE WITH ZONING ORDINANCE
The subject property 1520 75th Street is zoned B-2, General Retail Business district and is part of the
Planned Development #9. The zoning ordinance does not permit donation boxes regardless if they are
accessory to a permitted use. The petitioner is requesting to have exterior donation collection boxes. The
request requires a text amendment and a special use.

The drop-boxes would occupy two parking spaces. With the loss of two parking spaces, the property will
continue to exceed the zoning ordinance requirement with a total of 1,125 parking spaces where 695
parking spaces are required. The proposed drop boxes will meet the bulk requirements for the B-2 district
as indicated in the table below:

 1520 75th Street                                Required                             Proposed
 Salvation Army Drop-Boxes
   Front Setback                            25 ft from 75th Street            585 feet from 75th Street
   Side Setback                                      0 feet                            10 feet
   Rear Setback                                     20 feet                   N/A (in front of building)

PUBLIC SAFETY REQUIREMENTS
The Fire Prevention Division of the Fire Department has reviewed the proposed plans and has not noted
any life-safety concerns.
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PC-09-11, 1520 75 Street                                                                                   Page 4
June 6, 2011




NEIGHBORHOOD COMMENT
Staff has received a letter of support from Kimco Realty, the owner of the Downers Park Plaza shopping
center located at the northeast corner of Lemont Road and 75th Street. Kimco Realty has indicated they
support the request by Salvation Army provided the Village would allow the same type of drop-boxes on
their property in the future.

Staff has not received any other neighborhood comments at this time.

FINDINGS OF FACT
Per Zoning Ordinance, second-hand stores, such as Salvation Army, are permitted uses, provided the use
is conducted entirely within enclosed buildings. This requirement was put in place to assure the property
would maintain attractive exterior appearance and minimize any negative affect on surrounding
properties. All other uses in the district are also required to be conducted within enclosed buildings.

Donation collection boxes are not permitted per the Village s zoning ordinance. As noted above, boxes
were placed on properties throughout the Village s commercial areas. In many cases, the donation
collection boxes became nuisances because donated items would accumulate around the boxes creating
unsightly conditions. As such, the Community Development Department undertook a four-month process
for identifying locations and having the donation boxes removed.

Staff believes the proposed use does not meet the general provisions for the B-2 zoning district or the
standards for special uses listed below. As indicated above, the Village staff expended a considerable
amount of time identifying properties where boxes existed and having the boxes removed. Allowing the
boxes as a special use may result in a proliferation of the boxes. This would create a burden on the
Village s code compliance efforts.

Staff does not believe the requested relief is necessary to conduct a successful second hand store or other
business. The zoning ordinance permits second hand stores, provided they are conducted within a
building. A donation center is permitted for the Salvation Army, provided it is contained in the building.
Allowing exterior collection boxes would be detrimental to the general welfare of the B-2 zoning district
and is not compatible with the surrounding area. The proposal would have an adverse affect on the trend
of development in the B-2 district.

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) That 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.
(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.
(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.
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     PC-09-11, 1520 75 Street                                                                                            Page 5
     June 6, 2011


     (d) That it is one of the special uses specifically listed for the district in which it is to be located

RECOMMENDATIONS

     The request to allow the donation collection boxes to remain by adding Exterior Donation Collection
     Boxes when Accessory to a Second Hand Store as a Special Use in the B-2 General Retail Business
     District is not consistent with the intent of the Zoning Ordinance to contain all activities associate with the
     second-hand stores within completely enclosed buildings. Based on the findings listed above, staff
     recommends the Plan Commission make a motion to deny the request.

     Should the Plan Commission find that the request is consistent with the intent of the Zoning Ordinance
     and that all standards for granting the Special Use have been met, staff recommends the Plan Commission
     include the four conditions outlined below with the approval of the Special Use request. The Plan
     Commission should make two motions; one for the Text Amendment and one for the Special Use request.

     1. No more than three (3) donation collection boxes shall be present on the site.
     2. The area around the donation collection boxes shall be monitored daily and kept free of debris and
        rubbish.
     3. The Special Use shall sunset if the current tenant, Salvation Army, vacates the tenant space at 1520
        75th Street.
     4. The location recycling collection drop-boxes shall substantially conform to the specifications attached
        to this report outlined in the letter from Salvation Army dated June 6, 2011 except as such
        specifications may be modified to conform to Village codes, ordinances, and policies.


     Staff Report Approved By:


     ______________________________
     Tom Dabareiner, AICP
     Director of Community Development

     TD:jwo
     -att
     P:\P&CD\PROJECTS\PLAN COMMISSION\2011 PC Petition Files\PC-09-11 1520 75th St - Salvation Army - Text Amendment and Special
     Use\Staff Report PC-09-11 for June 6 meeting.doc
                                                DEPARTMENT OF COMMUNITY
                                                            DEVELOPMENT
                                                                 MEMO
To:            Plan Commission
From:          Damir Latinovic, AICP, Planner
Subject:       PC-10-11, Final Plat of Subdivision - 4825 Saratoga and 4824 Prince Street
Date:          June 6, 2011

The petitioner has submitted a request to withdraw the petition for the proposed Final Plat of Subdivision to
consolidate two existing lots into one lot, commonly known as 4825 Saratoga Avenue and 4824 Prince Street.

No further action is required on this petition.




P:\P&CD\PROJECTS\PLAN COMMISSION\2011 PC Petition Files\PC-10-11 4825 Saratoga - Lot Consolidation\Memo to PC- 060611.doc

								
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