Community Development Department Council Chambers, 7:30 PM, September 7, 2017

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1 STAFF REPORT P: Special Use Permit Community Development Department Council Chambers, 7:30 PM, September 7, 2017 To: From: Re: Paul Luke, Chairman, Skokie Plan Commission Mike Voitik, Planning Technician P: Special Use Permit 7738 Austin Avenue General Information Location Purpose Petitioner Size of Site Existing Zoning & Land Use Adjacent Zoning & Land Use Comprehensive Plan 7738 Austin Avenue To obtain a special use permit in an M3 Industry zoning district for outdoor storage at 7738 Austin Avenue, and any other relief discovered during the review of this case. Hynek Sedlacek, on behalf of Brian Lindermuth 11,938 square feet (0.274-acre) with no frontage on Austin Avenue M3 Industry landscaping services North South East West M3 Industry primary metal manufacturing M3 Industry machinery related contractor M3 Industry special trade contractor M3 Industry special trade contractor The site is designated as manufacturing/service employment. SITE INFORMATION The Austin Avenue right-of-way, which is located 115 feet to the east of the subject contains an unimproved, gravel-paved roadway with no public sidewalks. Overhead utilities run along the north side of the subject site. Access to the subject site from Austin Avenue is provided by a gravel driveway that runs within an easement located south of the site. The site is served by the Pace 225 Central-Howard bus (weekdays only), which runs 2 blocks to the south along Howard Street. The Subject Property is not connected to the Village s water or sewer system, and is served by well and septic. 1 of 6

2 PETITIONER S SUBMITTAL The petitioner is requesting a special use permit for outdoor storage in conjunction with Lindy Group, LLC, at 7738 Austin Avenue, in an M3 Industry zoning district. The request is being made in order to allow the company s snow plowing and landscaping equipment to be stored on a gravel surface within the area between its building and the building to the west, at 7734 Austin. With regards to the operation of the business and the outdoor storage area, the petitioner states: We have spoken with Key Tower, our neighbors to the west, about putting the fence from building to building [to enclose the outdoor storage area]. They agree with this plan so that not only is their building secure, but so is ours. In addition to the fence, we also have a security camera system that records a partial part of their building. Granting this special use permit will help make both [of] our businesses stronger with a piece of mind. We are not altering [the] interior or exterior of the building, but using it strictly as a space for our business. There are no plans to store any bulk salt or landscaping debris or materials at this location. It will only house our employees and some of our equipment. We are considering this move here as a stepping stone to grow our business to a bigger location, and hoping to do so in the Village of Skokie. Comments Staff Comment and Review sheets were sent to all pertinent departments. Staff comments on the subject case were received from the Engineering Division. All other departments returned the sheets with no comments. Engineering Division The Engineering Division has reviewed the proposal, and concludes that 6 vehicular (including 1 accessible) spaces and 1 bicycle parking space are required for this site. Since a previous use of this property was for manufacturing purposes, a credit of 5 unpaved/gravel parking spaces was granted for this property in case P. The configuration of the parking spaces outside of the outdoor storage area and the location of the bicycle parking space must be revised to match the approved site plan, dated October 29, 2015, for case P. One handicapped parking space must be provided in the location shown on the P plan. The Illinois Accessibility Code requires 1 accessible parking space for a parking lot that has up to 25 parking spaces. Provide R7-8 and R7-I101 signs in front of the accessible space. All vehicles and equipment must be parked in designated parking spaces or within the outdoor storage area and are not permitted to park in the Austin Avenue right-of-way or in any access easements. The outdoor storage area must be labeled on the site plan. 2 of 6

3 Planning Division The Planning Division recommends approval of the special use permit for outdoor storage at the existing landscaping services business. The screening will need to comply with (2)f.3. of the Zoning Chapter which requires an 8 fence screened by dense plantings of trees and shrubs, solid fencing, or a wall. The existing shipping container that is located within the area to be screened must be removed from the property. Shipping containers are accessory buildings, and accessory buildings are only permitted in residential zoning districts, per (2) of the Zoning Chapter. A written, signed agreement between Lindy Group, LLC, and the property owner of 7734 Austin Avenue must be submitted to the Planning Division, indicating that the property owner of 7734 Austin has granted permission to allow Lindy Group, LLC, to construct a portion of the fence on their property. In 2015, a special use permit was approved for this site in order to allow outdoor storage of vehicles for a car dealer that used to occupy the property (case P). The special use permit ordinance will be repealed in conjunction with this request because the existing special use permit is unable to be carried over to the new business due to the new business being a different type of use. APPEARANCE COMMISSION Appearance Commission review is not required. STAFF RECOMMENDATIONS Staff recommends that the petitioner s request for a special use permit for outdoor storage at 7738 Austin Avenue be APPROVED, based upon the Proposed Positive Findings of Fact and subject to the Recommended and Standard Special Use Permit Conditions listed below. Staff further recommends that the current special use permit V.O. #16-1-Z-4198 be repealed. RECOMMENDED SPECIAL USE CONDITIONS 1. Prior to the hearing of the subject case before the Board of Trustees, the petitioner must revise the site and floor plan to: a. Modify the configuration of the parking spaces outside of the outdoor storage area and the location of the bicycle parking space to match the approved site plan, dated October 29, 2015, for case P. b. Label the dimensions of the parking spaces. c. Label the outdoor storage area. 2. Prior to the issuance of a Certificate of Occupancy for the business at 7738 Austin Avenue, the petitioner must: a. Remove the existing shipping container that is located within the area to be screened. 3 of 6

4 b. Submit to the Planning Division a written, signed agreement between Lindy Group, LLC, and the property owner of 7734 Austin Avenue indicating that the property owner of 7734 Austin has granted permission to allow Lindy Group, LLC, to construct a portion of the fence on their property. 3. All vehicles and equipment must be parked in designated parking spaces or within the outdoor storage area and are not permitted to park in the Austin Avenue rightof-way or in any access easements. STANDARD SPECIAL USE CONDITIONS 4. The petitioner shall develop the Subject Property in substantial conformance with the final Village approved site and floor plan dated <insert date of final approved plan>. 5. 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. 6. Parking lot and exterior lighting 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. 7. 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. 8. Any plan to modify parking lot striping must be approved by the Director of Engineering. 9. The owner of the Subject Property and its tenant shall ensure that employees park on the Subject Property. 10. All new construction, alterations, and remodeling shall meet current International Building and NFPA Life Safety Codes as amended. 11. All signage shall conform to the Skokie Village Code. 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. 12. All modifications to building elevations, signage, and landscaping shall be subject to the review and approval of the Skokie Appearance Commission. 13. The petitioner shall submit to the Planning Division electronic files of the site plan in its approved and finalized form. The files shall be scaled 2-dimensional drawing files on non-compressed, non-read only CD-ROM *.dwg AutoCAD format. 14. The petitioner shall comply with all Federal and State statutes, laws, rules and regulations and all Village codes, ordinances, rules, and regulations. 15. 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 4 of 6

5 all costs related to any hearings conducted as a result of non-compliance with any of the provisions of the enabling ordinance. The costs shall include but not be limited to court reporter fees, attorney fees, and staff time required researching and conducting said hearing. ATTACHMENTS 1. Proposed Positive Findings of Fact for P 2. Site and Floor Plan, received July 21, Site and Floor Plan for case P, dated October 29, Plat of Survey, dated May 7, Land Use and Zoning Map 5 of 6

6 Proposed Positive Findings of Fact P: Special Use Permit Community Development Department Council Chambers, 7:30 PM, September 7, 2017 Consideration The request is consistent with the intent of the Comprehensive Plan. The request will not adversely affect adjacent properties. The request is compatible with the existing or allowable uses of adjacent properties. The request demonstrates that adequate public facilities, including roads, drainage, utilities, and police and fire protection exist or will exist to serve the requested use at the time such facilities are needed. The request demonstrates adequate provision for maintenance and use of the associated structures. The request has considered and, to the degree possible, addressed the adverse effects on the natural environment. The request will not create undue traffic congestion. The request will not adversely affect public health, safety, and welfare. The request conforms to all applicable provisions of this code, except where relief is granted with the request. Finding The site is designated as manufacturing/ service employment in the Comprehensive Plan, of which the outdoor storage of vehicles and equipment is an appropriate use for such designation. The proposed use will not adversely affect adjacent properties, as the outdoor storage will be screened from view. The proposed use is compatible with the existing or allowable uses of adjacent properties. Adequate public facilities, roads, drainage, utilities, and police and fire protection exist at a marginal level at the present time to serve the requested use. The extension and improvement of Austin Avenue is identified as a projected major road improvement project in the Village s Comprehensive Plan. The request demonstrates adequate provision for maintenance and use of the associated structures. There should be no adverse effects on the natural environment from the proposed use. The proposed use is not expected to create undue traffic congestion. The proposed use will not adversely affect the public health, safety, or general welfare. The request conforms to all applicable provisions of this code. Since a previous use of this property was for manufacturing purposes, a credit of 5 unpaved/gravel parking spaces was granted for this property in case P. 6 of 6

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8 Access Drive Outdoor Storage

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