Submitted By
Plan Commission through Ahmad M. Zayyad, Deputy Village Manager / Interim Director of Development Customer Services
Reviewed By
LKS
Agenda Item Title
Title
Concur with the Plan Commission and Adopt an Ordinance Amending Article 2 (“Definitions & Rules of Measurement”), Article 8 (“Uses”) and Article 14 (“Zoning Approvals”) of the Oak Park Zoning Ordinance Regarding Adaptive Reuse Permit Regulations
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Overview
Overview
In response to an emergence of abandoned religious structures, Village staff initiated a Zoning Ordinance text amendment for Adaptive Reuse Permits which would permit additional land uses within these buildings after a public hearing process. *This agenda item has been UPDATED with research and recommendations relative to parking options for Adaptive Reuse Permit uses. See attached memorandum and exhibits.
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Recommendation
Recommendation
The Plan Commission unanimously recommends approval of the Ordinance.
Body
Staff Recommendation
Staff supports the Plan Commission’s recommendation.
Fiscal Impact
The cost for the publication notice was $161.00 (Account # 1001 46202 101 550652).
Background
Village staff introduced this proposal to the Plan Commission in June 2022 as a concept for discussion. The Oak Park Economic Development Corporation was also interested in this and was very supportive of staff and the Village pursuing a zoning text amendment. At the end of the meeting with the Plan Commission, the Commission expressed support and asked staff to return with revisions. At that time and since, the Village received inquiries regarding potential reuse of vacant church buildings located within single family zoning districts. The two churches in particular are located at 641 S. Oak Park Avenue and 542 S. Scoville Avenue (photographs attached). This encouraged staff to continue investigating probable paths to achieve reuse of these properties, while contemplating new uses.
The focus of the redrafted text amendment provided to the Plan Commission, after incorporating their recommendations, was to allow a reuse of non-residential buildings within single-family and two-family residential zoning districts, as well as the Institutional Zoning District, where religious or non-residential buildings exist. Since June 2022, and currently, two former church buildings have been identified for potential re-use. Where religious institutions are allowed, there is a limited number of dwelling units permitted in each of the respective residential zoning districts and none in the Institutional Zoning District. The proposed reuse process provides an avenue to seek a deviation from current use regulations within each of the applicable zoning districts by way of a public hearing, similar to that of a special use.
Staff’s research on reuse opportunities of churches and non-residential buildings, in predominantly residential zoning districts, suggested looking toward an Adaptive Reuse Permit process. Village staff contacted the Village’s former zoning consultant, who indicated that a standard special use process is also acceptable. However, staff gravitated toward the Adaptive Reuse Permit process and terminology as it would be more descriptive of, and can be tailored to, the intended process.
Additionally, staff reviewed other communities’ regulations related to adaptive reuse, which were provided to the Plan Commission for consideration and are included in the packet for review. New draft zoning language has been provided in the agenda packet regarding the proposed text amendments, including two new definitions (Article 2), land use addition to use matrix (Article 8) and an all new section (Article 14) detailing the Adaptive Reuse Permit process. The Village’s special use permit process was used as the prototype in the development of the Adaptive Reuse Permit text.
From the Plan Commission’s direction in June 2022, staff prepared a redraft for public hearing and further discussion. In addition to the Plan Commission’s recommended revisions, staff provided additional language and land uses for consideration. Some of the additional recommendations on use, added by staff, are based on more recent inquiries and staff’s thoughts.
Alternatives
Not adopt the Ordinance or approve it with modifications.
Previous Board Action
July 31, 2023: The Village Board discussed this item and requested additional information. This agenda item was tabled with a 4-2 vote.
Citizen Advisory Commission Action
The Plan Commission held a public hearing on this matter on March 2, 2023. At that hearing, Chair Sim provided an overview of the prior discussion leading up to the public hearing. Village Planner Failor provided an overview of the proposed Zoning Ordinance text amendment, as amended from the Plan Commission’s June 2022 discussion. Mr. Failor stated that additional land uses were included in addition to the originally proposed residential uses, as well as the addition of a new definition and an updated use matrix chart.
The Plan Commission discussed the proposed text amendment, mainly focusing on the new land uses. The following two proposed land uses were discussed: 1.) Live Performance Venue; and 2.) Social Lodge/Meeting Hall. It was determined that the land use Social Lodge/Meeting Hall would be appropriate, but that the Live Performance Venue use needed to be revised. Mr. Failor noted that a revision would be prepared for a follow-up meeting. Some of the Plan Commissioners were concerned that if they cannot anticipate other appropriate lands uses, how would it be best to approach the list of permitted uses. Village Planner Failor and Attorney Smith both indicated that the option of submitting a proposed Zoning Ordinance text amendment is always available. The Plan Commission would be the hearing body to review Zoning Ordinance text amendments.
The Commission voted and the vote failed with a 4-1 vote, as there was not a majority of 5 votes. Therefore, the matter was scheduled for the next regularly scheduled Plan Commission meeting for a reconsideration, allowing those who were not in attendance the opportunity to view the video and vote on the agenda item, as allowed by the Plan Commission’s Rules of Procedure. The next meeting was April 6, 2023, but was not held due to it being a religious holiday. The meeting was cancelled and the agenda item was re-noticed for June 1, 2023.
At the June 1, 2023 Plan Commission hearing, Village Planner Failor provided an overview of the application and what had transpired at the March meeting. Planner Failor indicated that those who were not in attendance for the March meeting would have had to have viewed the video from that meeting to be eligible to vote. Commissioner Foster and Tamayo indicated they had not viewed the video, but Commissioners Sturino and Hale indicated they had. The Plan Commission discussed the Zoning Ordinance text amendment, specifically the reasons for including a short list of musical performance types verses allowing any type of musical event under the new definition of Live Performance Venue, Limited. It was stated that the choices recommended were based on better compatibility with surrounding residential neighborhoods. The Commission felt that with other controls in place, such as decibel level regulations, the type of music should not be of concern. The change will be reflected in the draft document going forward. The Commission had no comments on the rest of the proposal. The Commission voted unanimously 6-0 in favor of the amended draft Zoning Ordinance text amendment, with two abstentions.
Anticipated Future Actions/Commitments
N/A
Intergovernmental Cooperation Opportunities
Zoning and land use matters are unique to the Village government within the corporate limits of Oak Park and therefore, intergovernmental cooperation opportunities do not exist.