Submitted By
Plan Commission through Emily A. Egan, Development Services Director
Reviewed By
Erin E. Baynes, Assistant to the Village Manager
Agenda Item Title
Title
Concur with the Plan Commission and Adopt an Ordinance Amending Article 2 (“Definitions & Rules of Measurement”), Section 2.3 (“Definitions”), Article 8 (“Uses”), Section 8.3 (“Use Restrictions”) and Table 8.1 (“Use Matrix”) of the Oak Park Zoning Ordinance to Establish Principal Parking Lots as a Special Use in the DT Zoning District
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Overview
Overview
The Petitioner seeks a text amendment to the Zoning Ordinance to create a principal parking lot provision that would allow the property owner to better monitor activity within the private parking lot. This would also include a fee structure for general public users who do not patronize the Shops of Downtown businesses and wish to park in their private parking lot. This will eliminate the need for towing vehicles. This proposed use would also require a special use permit. This agenda item is a companion to the special use application associated with agenda item ORD 24-115.
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Recommendation
Recommendation
Adopt the Ordinance.
Background
The applicant approached the Village with a need to modify their private parking strategy to better support their business’ stipulations. Simultaneously, the Village indicated its concern for the numerous vehicles being towed from their private lot as communicated through numerous complaints presented to Village staff. The applicant proposes a public/private parking concept where a two-tiered parking strategy could be implemented. One tier would allow patrons who visit the Shops of Downtown businesses to exit at no fee. The second tier, however, allows a user patronizing a business outside of the Shops of Downtown suite to use the parking lot with a required user fee paid upon exiting. The fee will be similar to the public parking garage system fee in the Downtown area as detailed in their application within their Standards and Background section.
Currently, the only parking lot “types” allowed in the downtown area, in addition to Village-owned pay garages and lots, are accessory parking areas associated with commercial and residential land uses. The current Shops of Downtown parking lot is considered an accessory use. This proposal would be the first of its kind relative to ownership of a principal parking lot in Oak Park. Staff has asked that specific street frontages be excluded from this provision in order to prohibit surface parking lots from fronting on key commercial streets in the Greater Downtown area.
While this will be a new concept in the Downtown District, relative to ownership operations, it is not unlike other pay-to-park Village parking lots. The proposal, if approved, will result in a more user-friendly parking system for the Shops of Downtown patrons and other users. This should result in less vehicular towing from the parking lot and more system control for the property owner. It will also allow non-patrons of the Shops of Downtown the additional opportunity for parking in the west end of this business district - albeit at a cost - but in a surface parking lot. The parking system will be controlled solely by the property owner. The Village of Oak Park will not be associated with maintaining or monitoring the parking lot’s function.
The application’s appendix indicates the hours of operation to be 24 hours, 7 days a week, which includes a fee schedule that starts with a 30-minute grace period. The surface parking lot as proposed will be a benefit to the Downtown business community, especially for afterhours related activities, such as events at the Comedy Plex, restaurant dining, etc. The lot will also provide an alternative to garage parking and limited on-street parking.
Fiscal Impact
Cost of Public Notice: $868.00 (this includes both applications - Text Amendment and Special Use) - Legal Posting Account 1001.46202.101.550652
DEI Impact
The Zoning Ordinance text amendment would provide for a more sensitive and equitable approach to parking lot use while considerably reducing, if not eliminating, the need for vehicular towing, which can come at a very high cost. The monitoring will be controlled using license plate information.
Alternatives
1. Deny the Application. This would hinder the applicant from better management over their parking lot for patrons and non-patrons. It would not allow the anticipated resolution of eliminating towing of non-patron vehicles from their lot.
2. Modify the Application by adding conditions of approval.
Previous Board Action
N/A
Citizen Advisory Commission Action
The Plan Commission recommends approval of this application with a 6-2 vote. The applicant’s representative, Karl Camillucci, attorney with Taft Law, provided an overview of their applications and reasons for the requests. The applicant’s primary goal was to reduce or eliminate the need to tow vehicles from their private parking lot by introducing a private parking system that allows patrons to either validate parking or pay for parking, depending on the user’s shopping habits in downtown Oak Park. The system would be accessible via a QR code provided in multiple locations within their parking lots. This system would allow patrons of the Shops of Downtown and other neighboring businesses to use the parking lot on a 24-hour basis, with the first 30 minutes being free of charge. There will be no gates for entry and exit, as the Applicant believe gates will create congestion and delays entering and exiting their parking lots.
The Plan Commission inquired about other types of parking systems, Village management of the private parking lot, use of controls such as arms, use of tickets or prepayment options similar to those in Village lots, historic towing records, anticipated towing needs, how a parking violation will be processed, overnight parking ability now and in the future, personal security, improvements to increased patrons to the Shops, and the need for a good understanding of the true concern and scale of the problem.
The Plan Commissioners were mixed on their support for both applications. Some indicated concern for unintended consequences and that, if the Village did not manage the lot itself, the proposal is too complicated. There were also concerns for safety with the shopping center’s collection of license plate information and whether the system is customer-friendly. The majority of the commissioners supported the applications, identifying the proposal as the better solution as it allows more parking opportunities for the public at all hours, towing would be substantially reduced if not wholly eliminated, and the concept itself is creative in its hybrid approach. They cautioned that there should be adequate and explicit signage showcasing all fees within the parking lots and stores, and potential payment methods other than smart phones should be considered, such as tickets. The Plan Commission meeting can be viewed here: <https://www.oak-park.us/your-government/citizen-commissions/commission-tv>
Anticipated Future Actions/Commitments
N/A
Intergovernmental Cooperation Opportunities
N/A