Plan Commission

LEGAL NOTICE OF PUBLIC HEARING Skokie Plan Commission, Thursday, August 1, 2013, Village of Skokie, 5127 Oakton Street, Skokie, Illinois 60077, at 7:30 P.M., to consider the following: NEW ACTION TAKEN 2013-25P – Special Use Permit: 4811 Oakton Street #200 Continued to HCGK 4811 LLC, on behalf of Calvary Redemption Center, requests a special Sept. 12, 2013 use permit for religious assembly in a CX Transit Mixed-Use district and any other relief that may be discovered during the review of this case. PINs 10-25-204-003-0000 & 10-25-204-005-0000 2013-26P – Special Use Permit: 4255 Main Street Approved Holocaust Memorial Foundation of Illinois, Inc., on behalf of the Kaleemiah 7-0-1 Foundation, requests a special use permit for religious assembly in a B1 Service Commercial district and any other relief that may be discovered during the review of this case. PINs 10-22-402-001-0000, 10-22-402-002-0000 & 10-22-402-003-0000 2011-11P – Zoning Chapter Amendment: Article I. In General and Article II. Administration and Enforcement Continued to The Planning Division requests a comprehensive revision and reorganization of August 15, 2013 Article I. In General and Article II. Administration and Enforcement of the Chapter 118. Zoning of the Skokie Village Code and any other sections that might be affected by these changes. The subject matter may include, but not be limited to, existing buildings and uses, enforcement and interpretation of the chapter, the duties and procedures for the Plan Commission and Zoning Board of Appeals, and definitions. FOR YOUR INFORMATION: Plans and related documents are available at the Village’s Community Development Department, Planning Division, (847) 933-8447 Monday through Friday, from 8:30 AM to 5:00 PM. SPECIAL AID: Available upon request for the disabled. Call (847) 673-0500 or TDD (847) 933-8455. Interested parties are invited to attend this meeting. This notice is for information purposes only. Published in the Skokie Review on July 11, 2013. Paul Luke, Chairman VOSDOCS-#432896-v1-Legal_Notice_of_Public_Hearing_for_Plan_COmmission_Meeting_of_2013-8-1 STAFF REPORT 2013-26P: Special Use Permit Community Development Department Council Chambers, 7:30 PM, August 1, 2013 To: Paul Luke, Chairman, Skokie Plan Commission From: Carrie Haberstich, AICP, Planner/CDBG Administrator Re: Special Use Permit: 4255 Main Street (religious assembly) General Information Location 4255 Main Street Purpose Special use permit for religious assembly in a B1 Service Commercial district and any other relief that may be discovered during the review of this case. Petitioner Holocaust Memorial Foundation of Illinois, Inc., on behalf of the Kaleemiah Foundation Size of Site 9,708 square feet (0.223-acre) with 80.91 feet of frontage on Main Street and 120.0 feet of frontage on Kildare Avenue. Existing Zoning & B1 Service Commercial – vacant Land Use Adjacent Zoning & North R2 Single-Family – single-family residential Land Use South R2 Single-Family – single-family residential East B1 Service Commercial – service commercial West R2 Single-Family – single-family residential Comprehensive Plan The site is designated as retail/service employment. SITE INFORMATION
Special Use Permit 192, granting the establishment and operation of a memorial museum, was repealed by ordinance in August 2012.
The closest special use permits – 22 and 161 – are approximately 1 block away, and both are for child day care not in residences.
The closest transit service (Pace Bus 215) is available less than a ½-mile away on Crawford Avenue. VOSDOCS-#433727-v2-Staff_Report_-_2013-26P_-_Special_Use_Permit_4255_Main_Street_-_Religious_Assembly 1 of 9 STAFF ANALYSIS Petitioner’s Submittal The petitioner contends that the Mosque will be used minimally except for 1 service per week – midday Friday. There is no need for parking relief, so the neighborhood should not feel any effect from this religious assembly use. The Kaleemiah Foundation is a new mosque and has no current members. Most of the members are expected to come from the surrounding neighborhood. The building will only be used as a mosque. There are no plans to create a community center or rent out any space in the building. Banquets, weddings, etc. will not be held on-site. The proposed mosque plans include 2 prayer rooms, a library, a meeting / refreshment room, and prep kitchen on the first floor, and conference room and office space on the second floor. The building will be open every day for prayer. Most prayer meetings will last 45 minutes to 1 hour with anticipated attendance of 15 to 20 persons. The primary prayer service will be held on Fridays between 1:00 and 2:30 PM. It is anticipated that 50 persons will attend; however, attendance may grow as the congregation becomes more established. Comments Staff Comment and Review sheets were sent to all pertinent departments. Staff comments on the subject case were received from the Engineering Division and the Health Department. All other departments returned the sheets with no comments specific to this case. Engineering Division The Engineering Division has reviewed the proposal, and offers the following comments: 1. Provide pavement maintenance, including crack filling, and pavement sealing and restriping. Alternately, deteriorated pavement areas may be removed and replaced. 2. Sixty (60) mats require 15 parking spaces; 7 spaces are provided to the south of the building adjacent to the alley and 8 spaces are provided to the north. 3. A minimum of 1 parking space must be accessible, and it is provided at the front of the building. The applicant must provide the required accessible signs per the State of Illinois Accessibility Standards. 4. A minimum of 1 bicycle parking space must be provided and shown on the site plan. VOSDOCS-#433727-v2-Staff_Report_-_2013-26P_-_Special_Use_Permit_4255_Main_Street_-_Religious_Assembly 2 of 9 In summary, the off-street parking requirement is met. Please see the Engineering Division memo dated July 23, 2013, for additional information. The Engineering Division recommends approval of the proposed development. Health Department Provide detailed information on what food service programs the facility will supply for the public and members. If any food product is supplied or prepared on-site for the general public, the kitchen must meet all Health Department requirements for food preparation. The floor plan provided shows a prep kitchen. Planning Division The Planning Division recommends approval of the special use permit for religious assembly at 4255 Main Street. An educational center use is not included in the proposal, and the scale of the proposed use is intended to be neighborhood residential- friendly. This recommendation is subject to the recommended and standard special use permit conditions stated later in this report. The Chicagoland area has an estimated 32 mosques, including 11 in Chicago and 21 in the rest of the region. Nearby mosques include 2 in Evanston, 1 in Morton Grove, 1 in Des Plaines, and 1 in Northbrook. The membership draw for the Main Street location is expected to be local. Although supportive of the concept of the use, parking is the primary issue. If a special use permit is issued and parking problems develop in the future, public hearings may be held to revoke the special use permit. A parking study of the communities with mosque uses shows that parking requirements are based on seats, linear pew space, square feet, and room occupancy capacity. The average of the community regulations that look at parking on a per seat basis is 1 parking space per 4.6 seats. The Village of Skokie’s requirement is 1 parking space per 4 seats. This parking requirement has been applied to all religious assembly requests, with the exception of Orthodox synagogues that have restrictions on vehicle usage on the Sabbath and religious holidays. The Village’s parking analysis assumed 1 mat was the equivalent of 1 seat. The prayer rooms and offices will not be used simultaneously. At prayer time, all persons in the building will attend the prayer services. This eliminates the need for a parking requirement for the offices in addition to the prayer rooms. A maximum of 60 people could attend services at one time. The mosque representatives performed an evaluation and determine that the building and parking is adequately sized to meet their needs. VOSDOCS-#433727-v2-Staff_Report_-_2013-26P_-_Special_Use_Permit_4255_Main_Street_-_Religious_Assembly 3 of 9 APPEARANCE COMMISSION If the petitioner plans on making any exterior modifications to the building, or adding signage or landscaping to the property, the proposal must be reviewed and approved by the Appearance Commission. STAFF RECOMMENDATIONS Staff recommends that the petitioner’s request for a special use permit to allow a religious assembly use at 4255 Main Street 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. In addition to the standard special use permit conditions, the petitioner shall: a. Provide a maximum of 60 floor mats/non-fixed seats. b. Reduce the Main Street entrance driveway width to 24 feet. Restore the parkway with sod and provide 1 parkway tree to the east of the driveway. c. Provide pavement maintenance, including removal and replacement of pavement (preferred), or pavement crack filling and sealing, and restriping. d. Repair or replace the existing fencing adjacent to the north parking lot. e. Provide 1 new parkway tree at a distance of 30 from adjacent trees within the Kildare parkway. f. Remove all addressing from the building other than the 4255 address. Place 4255 address labels at all points of entry to the building. Address labels must be no less than 4 inches in height. g. Install a 2 x 6 bicycle parking pad within the Kildare Avenue parkway and provide parking for 1 bicycle. h. If any kitchen facilities are installed for the purpose to supply or prepare food products on-site for the general public, the kitchen must meet all Health Department requirements for food preparation. i. Detailed plans for permit review with specifications for any kitchen (including layouts for equipment, plumbing, electrical, etc.) are required. STANDARD SPECIAL USE PERMIT CONDITIONS Site and Use 2. The petitioner shall develop the Subject Property in substantial conformance with the final Village approved site plans dated <insert date of final approved plan> and building plans dated <insert date of final approved plan>. (Standard) VOSDOCS-#433727-v2-Staff_Report_-_2013-26P_-_Special_Use_Permit_4255_Main_Street_-_Religious_Assembly 4 of 9 3. Parking lot and exterior lighting, if provided, shall meet Illuminating Engineering Society of North America (IES) standards, be full cut-off design, and be directed away from adjacent properties, subject to the approval of the Engineering Division. (Standard) 4. All existing damaged public sidewalks or public sidewalks damaged due to the implementation of this plan shall be replaced. (Standard) 5. All objects and landscaping within a 15-foot sight distance triangle shall not exceed 30 inches in height, except traffic control devices listed in the Manual on Uniform Traffic Control Devices. (Standard) Maintenance 6. All fencing, walls, sidewalks, driveways, curbs, wheel stops, parking areas, signage, landscaping, structures, and any other facilities or infrastructure on the Subject Property shall be maintained in a good state of repair, and when needed, be repaired or replaced in a timely manner. (Standard) 7. All private and public sidewalks shall be maintained free of snow, ice, sleet, or other objects that may impede travel. (Standard) 8. Trash shall only be allowed within a designated trash enclosure and shall be screened from public view in an enclosure approved by the Director of Community Development. All trash shall be contained in such a way as to remain out of sight at all times. (Standard) Parking 9. All off-street parking spaces shall be legibly striped and maintained. (Standard) 10. Any plan to modify parking lot striping must be approved by the Director of Engineering. (Standard) 11. The proposed development shall have a minimum of 15 off-street vehicle parking spaces including 1 handicapped parking space, as indicated on the Subject Property plan dated <insert date of final approved plan>. (Standard) 12. The handicapped parking spaces shall be installed and maintained in compliance with State of Illinois Accessibility Standards and the Skokie Village Code, including required signage. (Standard) 13. 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. (Standard) 14. All required parking spaces on the site shall be for the exclusive use of building occupants. (Standard) VOSDOCS-#433727-v2-Staff_Report_-_2013-26P_-_Special_Use_Permit_4255_Main_Street_-_Religious_Assembly 5 of 9 Governance 15. All new construction, alterations, and remodeling shall meet current International Building and NFPA Life Safety Codes as amended. (Standard) 16. The petitioner shall obtain all required permits and approvals for improvements to County, State, or Federal rights-of-way from the governing jurisdiction. (Standard) 17. Prior to the issuance of building permits, the petitioner shall submit to the Village of Skokie Community Development Department a Cook County Assessor's Office Petition to Consolidation of Property with associated fees to consolidate property identification numbers 10-22-402-001-0000, 10-22-402-002-0000, and 10-22-402- 003-0000 into a single tax parcel or provide evidence that the petition was submitted to Cook County. (Standard) 18. All signage shall conform to the Skokie Village Code. Any sign on the Subject Property that is in violation of that Code must be removed or modified to conform with the Village Code prior to the issuance of an occupancy permit. (Standard) 19. All modifications to building elevations, signage, and landscaping shall be subject to the review and approval of the Skokie Appearance Commission. (Standard) 20. The petitioner shall submit to the Planning Division electronic files of the plat of survey, site plan, and landscape plan in their approved and finalized form. The files shall be scaled 2-dimensional drawing files on non-compressed, non-read only CD- ROM *.dwg AutoCAD format. (Standard) 21. Prior to the issuance of building permits, the petitioner shall 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. (Standard) 22. 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. (Standard) 23. The petitioner shall comply with all Federal and State statutes, laws, rules and regulations and all Village codes, ordinances, rules, and regulations. (Standard) 24. 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. 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. (Standard) VOSDOCS-#433727-v2-Staff_Report_-_2013-26P_-_Special_Use_Permit_4255_Main_Street_-_Religious_Assembly 6 of 9 ATTACHMENTS 1. Proposed Positive Findings of Fact for 2013-26P 2. Proposed Site, First Floor, and Second Floor Plans, dated June 18, 2013 3. ALTA/ACSM Land Title Survey, dated May 31, 2011 4. Engineering Division Memo, dated July 23, 2013 5. Land Use and Zoning Map by the Planning Division, titled “2013-26P” VOSDOCS-#433727-v2-Staff_Report_-_2013-26P_-_Special_Use_Permit_4255_Main_Street_-_Religious_Assembly 7 of 9 Proposed Positive Findings of Fact 2013-26P: Special Use Permit Community Development Department Council Chambers, 7:30 PM, August 1, 2013 1 Consideration The establishment, maintenance, or operation of the special use will not be detrimental to or endanger the public health, safety, morals or general welfare; and the proposed building or use at the particular location is necessary or desirable to provide a service or a facility which is in the public interest and will contribute to the general welfare of the neighborhood or community. Findings A new mosque will not be detrimental or endanger the public health, safety, morals, or general welfare. Most members are expected to come from the surrounding neighborhood. When operated in compliance with its special use permit, the mosque will provide a service that will be in the public interest and contribute to the general welfare of the neighborhood. 2 Consideration The proposed building or use will not substantially change the character of the neighborhood, will not have an undue adverse effect upon adjacent property or property values in the neighborhood, will not unduly aggravate traffic conditions, and will not unduly burden essential public services such as drainage facilities, public utilities and those services pertaining to public health, public safety, and public welfare in general. Findings When operating in compliance with its special use conditions, the proposed mosque will not increase the intensity of the use of the subject site beyond an acceptable level. The granting of the special use permit will not adversely affect property or property values in the neighborhood, will not unduly aggravate traffic conditions, and will not unduly burden essential public services pertaining to public health, safety, or welfare. VOSDOCS-#433727-v2-Staff_Report_-_2013-26P_-_Special_Use_Permit_4255_Main_Street_-_Religious_Assembly 8 of 9 3 Consideration The proposed building(s) or use will be designed, arranged, and operated so as to permit the development and use of neighboring property in accordance with the applicable district regulations. Findings Religious assembly is an allowable use in the B1 Service Commercial district with a special use permit. The mosque will be designed, arranged, and operated within the confines of an existing development, and will permit the development and use of neighboring property in accordance with the applicable district regulations. 4 Consideration The proposed use will not alter or be contrary to the primary purpose of the zoning district or the area in which it is proposed, when its effect is considered in conjunction with the cumulative effect of the number of various special uses of all types already in the adjacent area and in the Village as a whole. Findings The religious assembly use will not alter or be contrary to the primary purpose of the zoning district or the area in which it is proposed, when its effect is considered in conjunction with the cumulative effect of the other special uses in the adjacent area and in the Village as a whole. 5 Consideration The proposed use and its plan conform to the general intent of the official Comprehensive Plan. Findings The site is designated as retail/service employment in the Comprehensive Plan, and as a community service, the proposed mosque will conform to the general intent of the official Comprehensive Plan. VOSDOCS-#433727-v2-Staff_Report_-_2013-26P_-_Special_Use_Permit_4255_Main_Street_-_Religious_Assembly 9 of 9