===== PDF PAGE 34 ===== [Extraction: OCR (rendered-page OCR)] CITY OF WEST CHICAGO DEVELOPMENT COMMITTEE AGENDA ITEM SUMMARY ITEM TITLE: AGENDA ITEM NUMBER: 9.A. Amendment to the Final PUD at 191 West North Ave- nue to allow two or more uses to share required parking | FILE NUMBER: within the Shoppes of West Chicago to accommodate a proposed banquet facility COMMITTEE AGENDA DATE: Sept. 9, 2019 COUNCIL AGENDA DATE: Sept. 16, 2019 Ordinance No. 19-O0-0028 STAFF REVIEW: Tom Dabareiner, AICP SIGNATURE AG APPROVED BY CITY ADMINISTRATOR: Michael Guttman SIGNATURE ITEM SUMMARY: At the August 12, 2019 Development Committee meeting, members tabled this item to allow Staff to meet with the petitioner to gain a firmer understanding of what is being proposed because the hours of operation had changed from their original proposal, along with the tenant make-up for the property. During that meeting, Staff learned the following: e The banquet facility location has changed within the shopping center. It now would occupy Units 6 and 7, a slightly smaller combination than Units 5 and 6, which was the location first proposed. The net change in parking demand is a decrease of one space. e The desired hours of operation have increased. Instead of weekend evenings from 6pm to midnight, the petitioner seeks 5pm to midnight Monday through Friday and 10am to midnight on Saturday and Sunday. e Anew tenant, State Farm Insurance, has signed a lease for Unit 5. Its operating hours are an- ticipated to be 9am to 5pm, Monday through Friday. e The two other tenants have the following operating hours: Pampered Pup, a dog groomer, (Unit 8), 9am to 5pm, Monday through Friday, and 9am to 3pm on Saturday; ChanceLight, a behav- ioral health, therapy and educational use, (Units 1-4), 8am to 2:30pm, Monday through Friday. As stated in the original Staff Report, while the current mix of tenants and their operating hours pose little concern with the addition of a banquet facility, the tenant mix and operating hours could change, presenting challenges for parking. Effectively, the proposed banquet hall hours constrains the poten- tial for expanded hours for the Pampered Pup and other tenants. Also, should the ChanceLight lease end, for example, and a restaurant show interest in just two of their four units, the evening parking availability could become quickly exhausted. Where parking demand exceeds supply, drivers begin to park illegally or unsafely by using driveway aisles or neighboring parking lots, in addition to using the parking stalls intended to benefit other businesses in the same shopping center. The text of the original Staff Report follows, however the recommendation is modified somewhat. Should the Development Committee wish to recommend approval of the Final PUD amendment re- quest to allow shared parking, Staff recommends adding a condition to limit the banquet hall hours to 5pm to midnight Monday through Friday and 10am to midnight on Saturday and Sunday. Staff will draft an ordinance based on the Committee’s recommendation. ===== PDF PAGE 35 ===== [Extraction: OCR (rendered-page OCR)] +++ The Shoppes of West Chicago (“Shoppes”) is a 12,093 square foot mixed-use commercial building located on 1.5 acres on the north side of North Avenue, west of Neltnor. The Shoppes received its PUD approval in 2005, was designed with eight suites of various sizes, and currently contains two tenants. The petitioner seeks to amend the Final PUD for the Shoppes to allow for shared parking within the development to accommodate a proposed banquet facility. Two factors come into play when considering shared parking: (1) the number of available stalls, and (2) the timing of the use of those stalls. Where parking demand exceeds supply, drivers begin to park illegally or unsafely by using driveway aisles or neighboring parking lots, in addition to using the park- ing stalls intended to benefit other businesses in the same shopping center. Regarding the number of parking stalls, the Shoppes offers 58 total stalls. With the addition of a ban- quet facility, total demand reaches 66 parking stalls, assuming the Shoppes is fully occupied. This is because banquet facilities have a higher parking demand than do typical shopping centers. The net result is a parking deficit of 8 stalls. The timing of the use of parking stalls is another factor. The petitioner indicates they will hold ban- quets on weekend evenings only, outside the operating hours of the existing tenants. Consequently, the banquet facility, which requires 29 spaces, may operate without causing parking issues. However, future tenant hours cannot be predicted, especially at full occupancy, and future peak parking de- mand times could present significant conflicts. The Plan Commission/ZBA reviewed the proposed amendment at its meeting held August 6, 2019 and members failed to generate a recommendation by their vote of 3-1, as four votes in favor or against would be needed. Of those voting in favor, while there was agreement on the potential prob- lems associated with a lack of adequate parking, the consensus was it was better to have the space leased. Staff believes the potential problems associated with allowing the banquet facility outweigh any short- term benefits. The essence of planning, which relies on zoning as its primary enforcement tool, is to avoid future problems by acting wisely today. Staff therefore opposes allowing the shared parking ar- rangement with the banquet facility. The failure to obtain a minimum of four votes means a supermajority of the City Council will be re- quired for an approval. Should the Council wish to support the banquet facility’s request for shared parking, Staff requests that a condition to any approval be added to limit the banquet hall’s operating hours to weekend evenings only from 6:00PM to midnight, as had been indicated by the petitioner. ACTION PROPOSED: Because there is no official recommendation that came out of Plan Commission/ZBA, a draft ordi- nance will be prepared for City Council based on the discussion from Development Committee. COMMITTEE RECOMMENDATION: At their meeting held September 9, 2018, Development Committee members voted three (3) in favor of and two (2) opposed to the attached Ordinance which includes the following amendments: ===== PDF PAGE 36 ===== [Extraction: OCR (rendered-page OCR)] e aparking deviation of seven (7) spaces e operating hour restrictions on the banquet facility of 5pm to midnight, Monday through Friday, and 10am to midnight, Saturday and Sunday The concerns centered on whether there would be sufficient parking in the future. The failure to earn a minimum of four (4) votes from Development Committee members means a supermajority of the City Council is needed to pass the Ordinance. Pc: Ordinance No. 19-O-0028 ===== PDF PAGE 37 ===== [Extraction: OCR (rendered-page OCR)] ORDINANCE NO. 19-0-0028 AN ORDINANCE APPROVING A SECOND AMENDMENT TO THE FINAL PUD PLAN OF THE SHOPPES OF WEST CHICAGO LOCATED AT 191 WEST NORTH AVENUE WHEREAS, on or about June 12, 2019, Yolanda Vasquez (the "APPLICANT"), filed an application for an amendment to the previously approved Final PUD Plan of Shoppes of West Chicago, with respect to the property legally described on Exhibit "A" attached hereto and incorporated herein (the "SUBJECT REALTY"), commonly known as 191 West North Avenue; and WHEREAS, the corporate authorities of the City of West Chicago (the “CITY”) granted the original Final PUD Plan according to Ordinance 05-O-0034 on May 2, 2005; and WHEREAS, the CITY approved a first amendment to the Final PUD Plan on January 15, 2007 according to Ordinance 07-O0-0004; and WHEREAS, Notice of Public Hearing on said application was published in the Daily Herald on or about July 22, 2019, all as required by the ordinances of the CITY and the statutes of the State of Illinois; and, WHEREAS, a Public Hearing was conducted by the Plan Commission/Zoning Board of Appeals of the CITY, commencing on August 6, 2019, pursuant to said Notice; and, WHEREAS, at the Public Hearing, the APPLICANT provided testimony in support of its application, and all interested parties had an opportunity to be heard; and, WHEREAS, the corporate authorities of the CITY have received the recommendation of the Plan Commission/Zoning Board of Appeals which contains specific findings of fact, pursuant to Recommendation No. 2019-RC-0014, a copy of which is attached hereto as Exhibit "B" which is, by this reference, incorporated herein. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of West Chicago, Du Page County, Illinois, in regular session assembled, as follows: Section 1. That there is hereby approved an amendment to the Final PUD Plan of the SUBJECT REALTY subject to the following conditions: A. A deviation is hereby granted to reduce the required number of parking stalls from sixty-five (65) to fifty-eight (58) which will allow seven (7) parking stalls to be shared between two (2) or more users of the development in order to allow a proposed banquet facility to operate in the development. B. The hours of operation for events occurring within the banquet facility in Suites 102 and 104 shall be limited to 10:00 a.m. to 12:00 a.m. on Saturdays and Sundays 5:00 p.m. to 12:00 a.m. Monday through Friday. Ordinance 19-O-0028 Page | of 4 ===== PDF PAGE 38 ===== [Extraction: OCR (rendered-page OCR)] Section 2. That all ordinances and resolutions, or parts thereof, shall, to the extent not expressly modified by the terms and conditions of this Ordinance, remain in full force and effect as therein provided. Section 3. That this Ordinance shall be in full force and effect ten (10) days from and after its passage, approval and publication in pamphlet form as provided by law. PASSED this day of 2019. Alderman Beifuss a Alderman Chassee Alderman Sheahan ee Alderman Brown ee Alderman Hallett ee Alderman Ferguson Alderman Birch-Ferguson Alderman Dimas ee Alderman Swiatek ee Alderman Garling Alderman Stout et Alderman Short _ Alderman Ligino-Kubinski Alderman Gagliardi — APPROVED as to form: City Attorney APPROVED THIS day of 2019. Mayor Ruben Pineda ATTEST: City Clerk Nancy M. Smith PUBLISHED: Ordinance 19-O-0028 Page 2 of 4 ===== PDF PAGE 39 ===== [Extraction: OCR (rendered-page OCR)] EXHIBIT “A” LOT 2 IN RJR WEST CHICAGO RESUBDIVISION OF PART OF THE SOUTHWEST QUARTER OF SECTION 28, TOWNSHIP 40 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JUNE 30, 2014, AS DOCUMENT NO. R2014- 056300, IN DUPAGE COUNTY, ILLINOIS. Tax ID Number: 01-28-401-101 Ordinance 19-O-0028 Page 3 of 4 ===== PDF PAGE 40 ===== [Extraction: OCR (rendered-page OCR)] RECOMMENDATION NO. 2019-RC-0014 EXHIBIT “B” Honorable Mayor and City Council Final PUD Amendment to reduce the required number of parking stalls from sixty-six (66) to fifty-eight (58) which will allow eight (8) parking stalls to be shared between two (2) or more users of the development in order to allow a proposed banquet facility to operate in the development. With a vote of three (3) “yes” and one (1) “no”, the Plan Commission/Zoning Board of Appeals’ motion to recommend approval of the request failed because a majority of the commissioners currently holding office did not vote in the affirmative. TO: SUBJECT: PC 19-17 DATE: August 6, 2019 DECISION: RECOMMENDATION: After holding a public hearing and after review of the requested amendment to the Final PUD Plan of the Shoppes of West Chicago, the Plan Commission/Zoning Board of Appeals’ motion to recommend approval of the request failed because a majority of the commissioners currently holding office did not vote in the affirmative. Respectfully submitted, Barbara Laimins Chairperson For Devitt Kasprak Laimins Ordinance 19-O-0028 Page 4 of 4 Against Dettman VOTE: Abstain Absent Hale Faught Henkin