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HomeMy Public PortalAbout2017-06-20 PC minutes Plan Commission Minutes June 20, 2017 Chairman Kiefer called the Plan Commission meeting to order at 7:00 p.m. and led the pledge to the flag. ROLL CALL: Commissioners Minnis, Seggebruch (7:06 p.m.), Renzi, Heinen, Green, Womack and Chairman Kiefer were present. Fire District was present. Library, Park and School Districts were absent. The Plan Commission minutes dated June 6, 2017 approval was continued until the July 18, 2017 meeting. Chairman Kiefer stated a large audience was present this evening and explained that the purpose of the commission and how the commission operates by following the policy and procedures set forth by the village, as well as State and Federal laws. Chairman Kiefer also explained how the meeting and public comment will proceed. PUBLIC COMMENTS: There was no response. DEVELOPMENT REPORT Mr. Proulx stated the Village Board met last night and told the commission the two plan commission cases were approved by the board. OLD BUSINESS NEW BUSINESS CASE NUMBER 1764-060217.SU 23616 W. MAIN ST. – PLAINFIELD COMMUNITY CENTER Mr. Bogda stated the applicant is seeking special use approval to allow religious assembly use in the R-1 residential zoning district for the property at 23616 W. Main St. The applicant recently acquired the property and is seeking to open and operate the Plainfield Community Center, a Muslim community center primarily intended for religious assembly, organized prayer and worship, and community development. Mr. Bogda reviewed the adjacent land uses, analysis for the special use as and the findings of facts as noted in the staff report dated June 16, 2017. Mr. Bogda stated that several calls and emails from residents with concerns regarding traffic and the attendance level will be higher than presented by applicant. Mr. Proulx stated the regulations used and applied for the plan commission cases are the Village of Plainfield Zoning Code, as well as the Federal Fair Housing Act or Religious Land Use and Institutionalize Persons Act (RLUIPA). Mr. Proulx explained that RLUIPA contains two main focuses; first focus any regulation of the religious use must been done for the benefit for a legitimate public purpose and the second is any restrictions must be done in the less restrictive manner. Mr. Proulx explained the special use process and the staff understands the interest in the concern that there may be some negative impacts generated by the proposed use. Mr. Proulx acknowledged the public interest in the Plan Commission Minutes June 20, 2017 Page 2 of 10 case and stated several calls and emails, which were given to the commission to review, from individuals who could not attend the meeting. Mr. Proulx stated in preparing the staff report the staff are offering preliminary findings of facts based on their analysis and coordination with the Traffic Committee, Engineering Department and Fire Protection District. Mr. Proulx assured the audience that any comments, information or concerns made in the Public Hearing will be made a part of public record and this information can be used to assist the plan commission in their findings. Mr. Proulx stated recommendation of the Plan Commission needs to be rooted in the findings of facts and in compliance with our Zoning Code and RLUIPA. Staff suggests a favorable recommendation based on the staff’s analysis in compliance with our Zoning Code and RLUIPA. In advance of any comments from the public hearing or input from the Plan Commission. Chairman Kiefer swore in Zaki Basalath, the applicant. Mr. Basalath stated he and his family have been in Plainfield for approximately twenty years and have been operating the community center in a retail space in Vintage Harvest Commercial area on Route 59 for the last ten years, which they have grown out of. Chairman Kiefer swore in Syed Pasha, friend of the applicant. Mr. Pasha agreed they have been part of the community for the last 10 years and they are outgrowing their current space. Mr. Pasha stated the growth is slow and this new building will allow them to build the community. Mr. Pasha assured the public that they will be good neighbors. Chairman Kiefer asked for public comment. Chairman Kiefer swore in Michael Quinn, resident of Plainfield. Mr. Michael Quinn expressed concern regarding parking issues (street parking and parking lot expansion), increased traffic (possible traffic light), quality of life and property values. Chairman Kiefer swore in Deirdre Quinn, resident of Plainfield. Ms. Deirdre Quinn expressed concerns regarding prayer times, parking and traffic issues (possible traffic light or stop sign). Ms. Deirdre Quinn asked for clarification regarding expansion plans for other programs mentioned and if the center will be for the entire Plainfield community. Ms. Deirdre Quinn asked staff to explain why the school was used as a comparison and how the village would handle any expansion. Chairman Kiefer asked Mr. Proulx to clarify how the village evaluates traffic flow patterns. Mr. Proulx explained process of the village’s Traffic Committee and who is on the committee. Mr. Proulx explained the Traffic Committed looked at the order of magnitude comparison, which compares the traffic by the proposed use to the prior use. Mr. Proulx stated the number of patrons/individuals that the application stated on his application and the student enrollments received from the prior use were comparable, if you average out it for the day. Mr. Proulx added there are limitations to traffic improvements on Route 126, since it is a State route. Mr. Proulx noted that Special Use process allows Plan Commission Minutes June 20, 2017 Page 3 of 10 the commission to add stipulation or conditions of approval, which could address potential traffic concerns. Chairman Kiefer asked applicants to address the following concerns regarding traffic, parking, spill over into adjacent properties and hours of operation. Mr. Pasha and Mr. Basalath addressed the concerns presented by Mr. Michael Quinn and Ms. Dirdere Quinn. • Growth – based on the applicants detailed analysis they conducted of Plainfield and the surrounding communities, they believe that there will be no major growth for the next 20 years, so this property will an adequate space for some time. • Parking - No plans for street parking, the existing parking lot is double what they currently need. If in the next 5 to 7 years they require more parking this location will allow for a parking lot expansion. • Property Values – Traditional in the Chicago suburbs when an Islamic center opens the property values improve. • Prayer Times – Will shift throughout the year because their prayer times are associated with sun rise and sun set. The only fixed prayer time is at sun set, which would need to be completed 5-8 minutes after sun set, other prayer times are given a window with a start and end time and prayer times change twice a year. Chairman Kiefer asked applicants what is their peak time of worship and how many cars would be at the Morning Prayer. Mr. Pasha stated on the weekend there could be between 7-8 people and morning prayers are typically done at home, the morning prayer may have 7-10 people. Mr. Basalath added that on Friday at 1:30 p.m., which does not change throughout the year, there could be an increase in attendance to 25-30 people, prayer service will be between 45 minutes to 1 hour. Mr. Proulx clarified that the staff’s analysis is based on the information the applicant provided, if the number of participants change beyond what is on the application, it would require Special Use reconsideration and any expansion to the parking lot or building would need to go through the village’s Site Plan Review process. Chairman Kiefer swore in April Longnecker, resident of Plainfield. Ms. April Longnecker expressed concerns regarding traffic on Ash Street, street parking, evening prayer times (last light to midnight) and parking lot lighting. Chairman Kiefer stated street parking has been addressed and the record reflects that there will be no street parking. Chairman Kiefer asked staff to clarify who has jurisdiction over the road. Mr. Proulx stated the regulation of street parking is done by ordinance, if stipulated an ordinance would be made and would apply to all users of the street. Mr. Basalath and Mr. Pasha responded last prayer of the day is between 6:40 p.m. to 10:30 p.m., except during Ramadan or if there is a special activity with the community. Mr. Basalath stated that if parking lot lighting is required they would comply. Plan Commission Minutes June 20, 2017 Page 4 of 10 Chairman Kiefer asked staff about the requirements for parking lot lighting. Mr. Proulx stated the village does not require parking lot lighting, if lighting is proposed there are photometric standards. Chairman Kiefer swore in Janet Longnecker, resident of Plainfield. Ms. Janet Longnecker expressed concerns regarding street parking, growth and loud speaker announcing prayer times. Mr. Pasha stated that there will not be a speaker announcing prayers and street parking has already been addressed. Chairman Kiefer swore in Kevin Nickel, resident of Plainfield. Mr. Nickel expressed concerns regarding quality of life, increased traffic, safety, street parking and growth. Mr. Basalath stated he is confident that there will not be a huge impact on the traffic for the daily prayers, except Friday. Chairman Kiefer swore in Paul Quinn, local business owner. Mr. Paul Quinn expressed concerns regarding growth and traffic on Route 126 because he owns business across the street from proposed Community Center. Chairman Kiefer swore in Joan Quinn, resident of Plainfield. Ms. Joan Quinn expressed concerns regarding traffic, street parking, roads being divided between village and township, noise, safety and she has data that proves property values will go down. Mr. Pasha and Mr. Basalath stated that the current members of the community center are all Plainfield residents and no individuals will be coming from outside of Plainfield, so there will be on added traffic. Mr. Pasha and Mr. Basalath stated there is no plan for expansion of building and there will be no street parking. Ms. Joan Quinn asked what will be the centers’ name be. Mr. Pasha answered Plainfield Community Center will be its name. Chairman Kiefer swore in Marc Campbell, resident of Plainfield. Mr. Campbell expressed concerns regarding members from outside the community coming to the center, which will impact parking and the lawn will become their parking lot. Chairman Kiefer swore in Steve Meskauskas, resident of Plainfield. Plan Commission Minutes June 20, 2017 Page 5 of 10 Mr. Meskauskas expressed concerns regarding parking and traffic. Mr. Meskauska suggested moving the entrance to Route 126. Mr. Meskauskas asked if they are a community center or church and if entire the Plainfield community will able to use the center. Chairman Kiefer swore in Vern Lutz, resident of Plainfield. Mr. Lutz stated the building was built in 1988, not 1975. Mr. Lutz also asked for projections for the future. Mr. Bogda stated the date built was obtained from the township assessor records. Chairman Kiefer swore in John Boisdorf, resident of Plainfield. Mr. Boisdorf asked if there are any studies done by other community’s pre mosque and 5 years later, which would include property values, traffic, parking, culture and crime. Chairman Kiefer swore in Sal Olivio, resident of Plainfield. Mr. Olivio expressed concerns regarding traffic and asked them to clarify the growth plan. Mr. Olivio asked the applicant about an IFSWS You Tube expansion video. Mr. Pasha stated no expansion to current structure is planned right now. Mr. Pasha stated the You Tube video was used for the fund raising for the proposed community center and the expansion mentioned in the video is in regards to the current retail space being small and the new proposed space being larger. Chairman Kiefer swore in Trudi Olivio, resident of Plainfield. Ms. Olivio stated the community center will be non-profit because they will be conducting religious services. Ms. Olivio stated her main concern is the use of the building will not be used only for prayer, per the You Tube video other services will be available; such as daycare and school ready, basement for parties and functions, classes, weekend school, women events and religious retreats. Ms. Olivio also stated in 2011 the Islamic Center of America conducted a survey of mosque the size of the one proposed and average attendance of 138 people for Jumu’ah. Mr. Pasha stated he will use all the positives of the facility when fundraising, such as being daycare ready. Mr. Pasha stated maximum of 30-35 families will be using the community center and the space that is currently there will be enough to serve them, so no expansion planned. Mr. Pasha stated there is no possibility of 100 people being at the center during Jumu’ah, even with the surrounding communities. Ms. April Longnecker asked what is the occupancy limit for the building. Mr. Proulx stated the Fire District will establish an occupancy load based on the usage and other factors, which has not been completed yet. Mr. Proulx stated that the staff’s analysis was based on 8-12 people with a peak of possibly 30 people once per week; anything beyond this number would invalidate their analysis and findings of facts. Mr. Proulx stated that a stipulation or condition on the intensity of this use could be added, regardless of the Fire Districts occupancy report. Mr. Proulx stated provisions in the Zoning Code would require the applicant to apply for a new special use, if there is an increase in the intensity of the special use. Mr. Proulx stated the proceeding for the reapplication would be conducted the same as this application with public notification and Public Hearing. Plan Commission Minutes June 20, 2017 Page 6 of 10 Mr. Michael Quinn stated he would like an independent study addressing traffic concerns. Ms. Deirdre Quinn asked for clarification on school/daycare and what is a family and how big are those 30 families. Mr. Meshauskas asked are they a church or community center and will there be growth to this community. Chairman Kiefer swore in Lynda Lambert, resident of Plainfield. Ms. Lambert asked if the applicant promises that there will be no siren announcing prayer times. Mr. Pasha stated yes. Mr. Lutz clarified the building is not daycare ready because there is no sprinkler system. Mr. Kiefer asked staff to respond to Mr. Lutz’s comment. Mr. Proulx stated the building for the proposed use will require a fire sprinkler system be installed and will be inspected by the Fire District before an occupancy permit will be approved. Mr. Pasha stated once the sprinkler system is installed and approved the building will be daycare ready, that is what they meant by their statement. Mr. Pasha and Mr. Basalath stated they have been part of the community for years and they are here for the whole community and not just the Muslim community. Mr. Pasha stated they will be a non-profit organization; they plan to merge the church and community center. Chairman Kiefer summarized the concerns voiced by the public which include traffic, accessibility to the site, parking, hours of operation and impact on neighbor, which include property value and quality of life Commissioner Heinen stated that the biggest issues he has heard tonight are parking and traffic. Commissioner Heinen recommended the applicate have a certified third party engineer conduct a parking and traffic study and he explained what information will be in the studies. Commissioner Heinen recommended having this case continued until the applicate has the parking and traffic studies. Chairman Kiefer asked if there is any commissioner that supports Commissioner Heinen’s recommendation. Commissioner Green stated he seconds Commissioner Heinen’s recommendation; he needs data from third party professional to answer the questions. Commissioner Renzi stated more information would be helpful. Commissioner Renzi asked about the other uses on the property, such as IT classes, food pantry & community events, and not having a schedule or data regarding the number of attendees. Commissioner Renzi stated the application needs to include the prayer times, since they change twice a year, and a summary of community events. Commissioner Renzi expressed concern regarding Friday prayer service in the afternoon and the that impact to school traffic on Route 126. Plan Commission Minutes June 20, 2017 Page 7 of 10 Commissioner Heinen stated the data from a parking and traffic study will give the commission documentation of the uses for the property. Commissioner Heinen stated that the applicant will be held to the finds in the report and if the uses change they will be in violation of the agreement and will have to return to the commission for approval. Mr. Basalath stated that prayer times can be provided but other events are planned as needed. Commissioner Renzi asked about the food depository, if they will be using the location to collect the food or going to another location to assist, such as feed Our Starving Children in Naperville. Mr. Pasha stated they will be going to the Naperville location. Commissioner Renzi asked the applicant for clarification, if the food depository will be at the community center or an offsite location. Mr. Pasha stated offsite location. Commissioner Renzi asked if the IT classes are onsite and what time are the classes. Mr. Pasha stated the classes are onsite for people 12 years old and older and none of the activities are during prayer time. Mr. Pasha stated they could work with the traffic flow and have classes during non- peak hours. Mr. Basalath stated IT classes are currently on Saturdays and Sundays first class from 10: 00am to 1:00 p.m. and second class from 3:00 p.m. to 5:00 p.m. Commissioner Renzi asked the applicant if they have a plan for the future and if in 2 to 5 years they will have a preschool at the location. Mr. Pasha stated no, because he feels there might not be enough enrollment. Commissioner Heinen stated the applicant needs to work on the vision for the property, which needs to be documented and analyzed. Commissioner Renzi stated that if there was vision these questions would be easily answered, like will there be overnights for women or teenagers. Commissioner Renzi stated that he is aware that there is a traffic dilemma that exists, and a traffic study would be helpful. Mr. Pasha stated no, there will not be overnights. Chairman Kiefer reminded the commissioners that the application before them has raised a lot of questions and concerns; the application is for a religious assembly in an R-1 District which is a permitted legal conforming use in this district. Chairman Kiefer stated a special use existed before at this location for a church then a daycare but expired when each tenant vacated, so another special use was applied for requiring a public hearing. Chairman Kiefer stated he is not opposed to the parking & traffic study but is uncertain what information will be in the report that they all don’t already know. Plan Commission Minutes June 20, 2017 Page 8 of 10 Commissioner Womack stated he supports the traffic and parking study and asked staff to clarify if the other uses potentially proposed by applicant would they be conforming. Mr. Proulx stated there are two classifications in the code for religious special uses 1) Religious Assembly (organized prayer) and 2) Religious Institution (community service and IT classes). Mr. Proulx clarified that a preschool or daycare would not be included if this special use was approved, the applicant would have to apply for another special use, which would require another public hearing. Commissioner Womack stated he agrees we need to look at the long term vision of the applicant. Mr. Pasha stated they can conform to that. Chairman Kiefer suggested requiring applicant to provide traffic relief by using off duty law enforcement, which is done by other religious facilities or high traffic areas. Chairman Kiefer stated he believes the applicant wants to work toward a solution with the community. Commissioner Minnis stated parking and traffic studies could provide them with a baseline or cap level of occupancy. Commissioner Minnis asked applicant if there have been any complaints regarding parking at their current location. Mr. Basalath stated not to their knowledge. Commissioner Renzi stated his issues are traffic control, parking expansion and possible No Street Parking signs. Chairman Kiefer stated that any change to street parking would be difficult since part of the street is in the Village and part of it is unincorporated. Commissioner Seggebruch stated he is not opposed to the traffic and parking study. Commissioner Seggebruch addressed a letter from the public stating a rezoning and he wanted to clarify this is not a rezoning. Commissioner Seggebruch stated that since the building will have a fire alarm and sprinkler system it will be safer than it was before. Commissioner Seggebruch wanted to clarify Feed My Starving Children is in Aurora. Commissioner Green asked staff for average daily traffic count on Route 126. Mr. Bogda stated a 2015 study show between 15,000 to 16,000 cars per day and a 2013 study showed 16,000 to 17,000 cars per day. Commissioner Green asked staff how many lanes are on Route 126 and Ash Lane. Mr. Bogda responded they are both two lane roads. Commissioner Green asked staff if Ash Street was standard street width per AASTO Green Book. Mr. Bogda stated he does not have that information. Commissioner Green asked applicant if they are willing to get third party traffic engineer at their cost to conduct the study. Plan Commission Minutes June 20, 2017 Page 9 of 10 Mr. Pasha stated yes, if that is what is required. Commissioner Green asked the staff who maintains Route 126. Mr. Bogda stated IDOT maintains Route 126. Commissioner Green asked applicant if they would be willing to work with IDOT to get the entrance of the parking lot moved from Ash Street to Route 126, if that is what is suggested in the traffic study. Chairman Kiefer stated IDOT is beyond the commission’s jurisdiction and he doesn’t believe the commission can put a stipulation in for the applicant to work with IDOT. Mr. Pasha stated yes. Commissioner Green asked staff if Ash Street and Route 126 was a 3 way stop. Mr. Bogda stated he believes is a one way stop. Commissioner Green asked applicant if the traffic study states that a traffic signal is recommended would they contribute to the cost of the traffic signal. Mr. Pasha stated no, not for 17 people. Commissioner Green asked the applicant if the traffic study states a traffic light is recommended would they be will to work with the Village. Mr. Basalath stated yes, they would. Mr. Basalath wanted to clarify that the services they offer will not be during the peak hours of traffic. Chairman Kiefer asked staff when the Montessori school occupied the facility. Mr. Proulx stated he does not have the exact dates; there has been testimony tonight about 10 years again. Chairman Kiefer stated that these issues came up before and that a special use was approved. Commissioner Heinen clarified he is recommending a traffic study to analyze the level of service and if it is found this facility decreases the level of service and makes the traffic worse, there would be a plan in place to maintain the current level of service. Commissioner Renzi asked if the special use should be amended to both Religious Assembly and Religious Institution. Mr. Proulx stated he felt it was the applicant’s intent. Mr. Bogda stated there is an overlap in the Zoning Ordinance between religious assemble and institution. Chairman Kiefer explained what would happen if this case was continued and advised applicant to work with staff on what would be required. Mr. Proulx asked commission if they continue the case to also continue the public comment. Plan Commission Minutes June 20, 2017 Page 10 of 10 Commissioner Renzi asked if there should be a cap of the number of attendees for the community center before a new special use application is needed. Mr. Basalath stated there is no furniture in the prayer area. Commissioner Heinen stated the maximum occupancy of the building determined by the Fire District should be used. Chairman Kiefer asked staff when that will be completed by Fire District. Mr. Proulx stated he will work with the Fire District to determine the maximum occupancy based on the square footage of the space and intended use. Commissioner Seggebruch stated the occupant load has always been there because the facility has been in use. Commissioner Seggebruch explained how occupancy is determined with or without furniture. Mr. Basalath stated they have a special use for their current location and they are just transferring it to this location. Commissioner Heinen stated his issue is that there is not a clear vision of the intended use and he wants documentation stating what the demand is going to because that will help educate the community, commission and the Village Board understand what to expect. Chairman Kiefer stated they could request the user to exit from Ash to Route 126 (Main Street) and not to cut through on Ash Street. Chairman Kiefer stated if the commission has a motion to move this to the board they can request traffic and parking study to be done between now and when this case goes to the board or the case can be continued until the traffic and parking study is done. Commissioner Heinen made a motion to recommend continuing of this case to the July 18, 2017 Plan Commission meeting date, also move to continue the public hearing until the applicant has engaged a professional engineer to do a traffic and parking study and for them to present that to us the finds of facts associated to that, so we can make a recommendation at a future date. Seconded by Commissioner Green. Vote by roll call: Minnis, yes; Seggebruch, yes; Renzi, no; Green, yes; Heinin yes; Womack, yes; Kiefer, no. Motion carried 5-2. Chairman Kiefer explained the next steps for this case and advised the applicant to work with the staff. Meeting Adjourned at 9:55 p.m. Respectfully submitted by Tracey Erickson Tracey Erickson Recording Secretary