Submitted By
Plan Commission, through Tammie Grossman, Director, Development Customer Services
Reviewed By
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Agenda Item Title
Title
Concur with the Plan Commission’s Recommendation and Adopt an Ordinance Amending Article 8 (“Uses”), Section 8.3 (“Use Restrictions”), Sub-Section A (“DT District”) of the Oak Park Zoning Ordinance to Add Certain Exceptions to the 50-foot Setback Restriction
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Overview
Overview
The Village of Oak Park seeks an amendment to Article 8 (“Uses”), Section 8.3 (“Use Restrictions”), Sub-Section A (“DT District”) of the Oak Park Zoning Ordinance regarding exceptions to the 50-foot setback restriction to include the following uses: Art and Fitness Studios, Health Clubs, Indoor Recreation uses and Business Service Centers.
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Recommendation
Recommendation
The Plan Commission recommends approval of the proposed Zoning Ordinance text amendment.
Body
Staff Recommendation
Staff supports the Plan Commission’s recommendation.
Fiscal Impact
Cost of Legal Advertisement ($280) Account #1001.46202.101.550652
Background
The Oak Park Economic Development Corporation (Oak Park EDC) introduced this amendment to their Board of Directors and then to the Village Board of Trustees. The Village Board of Trustees referred this matter to the Plan Commission for public hearing, review and recommendation. The Oak Park EDC has provided a memorandum detailing their reasoning and position on the proposed Zoning Ordinance text amendment (see attachment). They have also provided research from other nearby municipalities relative to their recommendation.
The greater downtown area zoning classification is parsed into three (3) sub-districts; DT-1 - DTOP, DT-2 - The Hemingway District, and DT-3 - The Pleasant District. The current Zoning Ordinance rolled over setback restrictions for ground floor uses into the new DT-1 and DT-2 sub-districts from the previous Zoning Ordinance, with the addition of some exceptions for non-retail uses. Note: The DT-3 Pleasant District never had nor currently has a setback restriction on the first floor. The 50-foot setback regulation for DT-1 and DT-2 states that only those uses (permitted or special) listed in the “Retail” category of Table 8-1 are allowed within the first 50 feet of the street lot line at grade level or on the ground floor of any building - with exceptions. Note: Other non-retail uses are allowed in these districts as long as they adhere to the 50-foot setback regulation.
As indicated in the Oak Park EDC memorandum, the greater downtown has evolved with the addition of over 1,200 residential units. The proposed uses recommended by Oak Park EDC would expand the already short list of exceptions to the 50-foot setback regulation within the DT-1 and DT-2 sub-districts that promote foot traffic in this area. The trend of declining retail and downtown vacancies has prompted the Oak Park EDC and Village to re-evaluate the mix of allowed commercial uses in the greater downtown area. The Oak Park EDC has compared several other nearby communities with Oak Park and have found that Oak Park is more restrictive relative to ground floor uses. The proposed uses identified below are deemed to be service-retail uses that will complement the current list of permitted and special uses.
Alternatives
Deny the Zoning Ordinance Text Amendments
Approve the Zoning Ordinance Text Amendments with modifications.
Previous Board Action
Village Board referred this item to the Plan Commission at their September 8, 2020 Meeting.
Citizen Advisory Commission Action
At the October 27, 2020 meeting, the Plan Commission supported the Oak Park EDC’s recommended additions to the retail exception list with a 7-0 vote, as proposed. The following recommended uses, not currently allowed, were deemed by the EDC and now the Plan Commission, to be service-retail uses that will complement the current list of permitted and special uses: 1.) Art and Fitness Studios allowed at grade level or on the ground floor within the first 50 feet of the street lot line; 2.) Health Clubs allowed at grade level or on the ground floor within the first 50 feet of the street lot line; 3.) Indoor Recreation uses allowed at grade level or on the ground floor within the first 50 feet of the street lot line; and 4.) Business Service Centers allowed at grade level or on the ground floor within the first 50 feet of the street lot line. The Plan Commission indicated that this could help in reducing the vacancy rate in the downtown area.
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.