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File #: ORD 18-452    Name:
Type: Ordinance Status: Passed
In control: President and Board of Trustees
On agenda: 12/10/2018 Final action: 12/10/2018
Title: Concur with the Plan Commission's Recommendation and Adopt an Ordinance Amending Article 2 ("Definitions and Rules of Measurement"), Section 2.3 ("Definitions") and Article 8 ("Uses"), Section 8.3 ("Use Restrictions") Table 8-1 ("Use Matrix") of the Village of Oak Park Zoning Ordinance Regarding Work Lounges
Attachments: 1. Ordinance, 2. Findings of Fact-Text Amendment, 3. Application, 4. Staff Report, 5. Letter of Support - DTOP, 6. Letter of Support - OPEDC, 7. Public Comment, 8. Business Plan, 9. Plan Commission Minutes - DRAFT 11.01.18

Submitted By                     

David Mann, Plan Commission Chair thru Tammie Grossman, Development Customer Services Director 

 

Reviewed By

LKS

 

Agenda Item Title

Title

Concur with the Plan Commission’s Recommendation and Adopt an Ordinance Amending Article 2 (“Definitions and Rules of Measurement”), Section 2.3 (“Definitions”) and Article 8 (“Uses”), Section 8.3 (“Use Restrictions”) Table 8-1 (“Use Matrix”) of the Village of Oak Park Zoning Ordinance Regarding Work Lounges

 

End

Overview

Overview

The applicant’s proposal of a Work Lounge concept with a combination of office use and small event and performance space is intended to enhance the current Downtown District vibrancy.  The Plan Commission held a public hearing and supports the application.  This text amendment is a companion to their Special Use application and Liquor Licence application.

 

End

Recommendation

Recommendation

The Plan Commission recommends approval of modifications to the Zoning Ordinance as proposed in the attached Ordinance and Finding of Fact report.

 

Body

Staff Recommendation

Staff supports the Plan Commission’s Recommendation.

 

Fiscal Impact

N/A.

 

Background

This property, within the DT-1 - Downtown Central Sub-District, is a three story office building. The proposed use is a shared office concept that includes first floor use for various performance and event type activities and will include the sale of alcoholic beverages for consumption on site.  These performance and event uses were proposed to include music, plays, comedy, magic, open-mic, and poetry performances or parties for birthdays, holidays and anniversaries or events for corporate meetings, book clubs and sports watching.

 

The Applicants have provided a business plan (see attachment) that outlines specifics of their proposed operation as a Work Lounge.  The plan indicates a limit on the number of alcoholic beverages for sale to members / customers per hour.  The plan also details the method in which alcoholic beverages are to be sold.  Mentioned are the hours of operation, which could ultimately be controlled by their liquor license. During the week, the Work Lounge is proposed to become available starting at 5PM.  On the weekends, the start time is proposed to be earlier in the afternoon.  The land uses present within this area currently include residential townhomes directly across Marion Street to the east, personal service (hair salon) directly north, office (insurance) directly south, and a retirement community (residential) directly west.  Upper floors in this area consist of office and residential uses.  Further south along this commercial strip is a restaurant with alcohol sales; further north across Ontario Street is a church with a Montessori school.

 

Since this combination of uses do not exist in the Zoning Ordinance, a text amendment was necessary.  The current Zoning Ordinance does allow office use in the DT Districts only above the first floor (the subject property is grandfathered for office use on the first floor), and it does allow live performance venues by special use on the first floor.  However, the proposed use is a variation of these uses which include the sale of alcoholic beverages; Shared office Use during the day and a social venue in the evening.

 

Alternatives

1.) Deny the recommendation.

2.) Modify the Zoning Ordinance text or conditions of approval.

 

Previous Board Action

N/A.

 

Citizen Advisory Commission Action

Mr. Ron Halverson, applicant, provided an overview of their requests for a Zoning Ordinance text amendment and Special Use permit.  Mr. Halverson’s presentation included a review of their business plan, hours of operation, use of the premises, sales of alcoholic beverages, parking in the area, signage, use of rear of building, the beverage system, security and manager attendance.   Mr. Halverson reviewed their compliance with the standards. The Commissioners inquired about the Village’s master plan for the Greater Downtown, taxation, office use, the Zoning Ordinance’s 50 foot setback regulation, smoking distance from entrance, back yard use, the beverage dispensing system, party use, public use, State licensing.  They also inquired about key activities that may occur, 2nd and 3rd floor uses and the security system.  The Plan Commission asked how this use differed from a bar and wanted to understand the maximum alcohol drink limit to be regulated by the applicant. They were interested to know the communication attempt by the applicant with the neighborhood.

 

Mr. Greg Melnyk represented salon owner Tony Salerno who operates the salon business at 191 N. Marion Street and owns their building.  Mr. Melnyk inquired about public use, text amendment need if no liquor license was granted, and how the event space would be used. Mr. Jim Salerno inquired about smoking controls in the public way, staffing of the business and the drink card operation.

 

Ms. Sandra Sokol, Mr. Greg Melnyk for Tony Salerno, Ms. Tiffany Vega, and Ms. Diana Ostreho all spoke in opposition to the application.  They were concerned about a diminished quality of life, not enough parking, noise volume of the events, village enforcement of any issues, this is a bar, hours of operation, elitist memberships, better on Lake Street,  use doesn’t match text amendment, not enough restrictions, no hardship, this is a residential area, over capacity could happen, lines to get into the spaces along the sidewalk, deters renters, not the City of Chicago, build out will be loud and after hours, late night activities, trash increase, noisy trash disposal after closing, smokers on the sidewalk in front of apartment entrance and the applicant didn’t speak one-on-one to the abutting neighbors.

 

Mr. Halverson responded to questions and statement by stating that the use would add vibrancy to the area, continue an approved use (office), no bottles will be used creating noise during clean ups - it will be an eco-friendly establishment, there will be no new construction as the space is finished. If any disturbances occur due to this establishment anyone can speak to the onsite manager or call the applicant.

 

The plan commission supported the application with at 7-1 vote but asked for modifications to the definition of Work Space by removing “bar-like” uses such as; pool and dart leagues and amplified music.  The Plan Commission was also concerned about the hours of operation based on public testimony from residents in the area.  They stated the hours should be the same as the restarurant on this block and end at 10PM seven days a week.

 

Attached is the Plan Commission’s Findings of Fact and Recommendation.

 

Anticipated Future Actions/Commitments

N/A.

 

Intergovernmental Cooperation Opportunities

Zoning and land use matters are unique to Village government within the corporate limits of Oak Park and therefore, intergovernmental cooperation opportunities do not exist.

 

Performance Management (MAP) Alignment

A Governance Priority established for the Development Customer Services Department is Land Use Regulations.