Village of Shorewood Planning & Zoning Commission met Dec. 4.
Here is the minutes provided by the commission:
I. CALL TO ORDER – Chairman Brockman called the meeting to order at 7:05 p.m.
A. Pledge to the Flag
B. Roll Call
Present: Chairman Stevan Brockman, Vice Chairman Dan Warren,
Brad Brooks, Bruce Durham, Ellen Kijowski, Mike Kaminsky Jim Relyea
Absent: Deb Olson, Cheri Susner, David Goodale
Staff: Kelley Chrisse, Economic Development Director
Natalie Engel, Village Planner
Jim Culotta, Village Administrator
Aaron Klima, Police Chief
Others: David Dunbar, Hand & Stone Massage & Facial Spa
Joann Dunbar, Hand & Stone Massage & Facial Spa
George Dunbar, Hand & Stone Massage & Facial Spa
II. ORDER OF BUSINESS
A. APPROVAL OF MINUTES
1. November 6, 2019
Commissioner Kaminsky made a motion to approve the minutes, seconded by Commissioner Brooks. All in favor, none opposed, minutes approved.
B. PUBLIC COMMENT
None
C. PLANNING & ZONING
1. Petition #19-393 Filed by David Dunbar
976-978 Brook Forest Avenue (Hand and Stone Massage and Facial Spa)
Request – to consider a conditional use permit for a spa
Public Hearing and Consideration for a Recommendation to the Village Board
Chairman Brockman opened the public hearing.
Natalie Engel, Village Planner, presented the staff report. David Dunbar has requested a Conditional Use for Hand & Stone Massage & Facial Spa under the ‘physical culture and health services, gymnasiums and reducing salons’ classification in the B-3 Zoning District. The facility would occupy the 3,200 SF space formerly occupied by Play it Again Sports. It would offer massage, facial and hair removal services and would be open 7 days a week.
David Dunbar, the owner of Hand & Stone, introduced himself. He has been operating a Hand & Stone franchise in Oswego for 3 years and got into the business after finding massage to be helpful in treating anxiety.
There was discussion about the size of the space, number of customers, and size of the staff. This facility is larger than the Oswego location which currently has 1,200 regular members. They expect to have 12-15 staff in Shorewood to start and 30-40 full-time equivalent employees at full capacity.
The location is good and other uses in the center are complimentary.
Motion by Brooks, seconded by Kijowski to close the public hearing. The motion carried. 5 votes in favor, none opposed.
Motion by Kijowski, seconded by Durham as follows:
Based on the submitted petition and the testimony presented, the proposed Conditional Use to operate a Spa in the B-3 Zoning District meets the standards of approval and is consistent with the Zoning Ordinance and Comprehensive Plan; and, therefore, I move that the Planning and Zoning Commission adopt the findings of fact included within the staff memo dated November 27, 2019 as the findings of the Planning and Zoning Commission, and recommend to the Village Board approval of Petition No. 19-393 subject to the following conditions.
1. The business must also obtain a Massage Establishment License from the Village of Shorewood.
2. The property shall be developed, utilized, and all businesses operated in conformance with the Zoning Ordinance and all other applicable ordinances and regulations of the Village
The motion carried. 5 votes in favor, none opposed.
Ayes: Kijowski, Durham, Brooks, Relyea, Kaminsky
Nays: None
2. Petition #19-391 Proposed by the Village of Shorewood
Request – to consider a Zoning Ordinance Text Amendment regarding Portable Storage Containers
Public Hearing and Consideration for a Recommendation to the Village Board
Chairman Brockman opened the public hearing.
Kelley Chrisse, Economic Development Director, presented the staff report. Pursuant to a request by the Mayor, staff has drafted a Zoning Ordinance Text Amendment to address portable storage units. The proposed amendment includes language that applies to all uses as well as specifics for residential and non-residential uses.
It addresses the location of the containers, how long they can be kept, and their size.
The amendment provides for the Zoning Officer to grant small exceptions due to unique circumstances and for public property and public entities.
The Commission asked how the staff would track how long the storage units were being utilized. Staff would rely on information provided during the permit process, as tracked by inspectors and code enforcement, or as reported by the public. If needed, a permit system could be implemented.
The Commissioners discussed how many storage units were appropriate for residential use. They decided that it would be best to allow up to three containers (instead of the single container proposed by staff) to accommodate moves.
Commissioner Kijowski suggested adding language to ensure that people or pets could not stay in the containers. The Commissioners agreed to clearly identify that habitation is prohibited.
Staff will discuss the need for portable containers and their use when they meet with applicants about construction projects. When, due to unique circumstances, the needs of a user exceed the authority of the Zoning Officer (such as with Target’s recent remodel), permission can be granted by the Village Board pursuant to the current zoning regulations. The ability for the Board to grant temporary uses is currently allowed in the Code but there was a minor clarification provided with the amendment.
Commissioner Kaminsky brought up issues regarding stacked containers on warehouse properties and debris blowing from dumpsters. Staff will look into the specific property and address any violations, as it seems that it could be an issue with a container storage yard not related to the proposed regulations in this text amendment.
Commissioner Durham asked about whether HOAs restrict storage units. In cases where they do, the stricter regulations will apply.
Motion by Brooks, seconded by Kijowski to close the public hearing. The motion carried. 5 votes in favor, none opposed.
Motion by Kaminsky, seconded by Kijowski as follows:
Based on the submitted petition and the testimony presented, the proposed Text Amendment to the Zoning Ordinance regarding Portable Storage Containers meets the standards of approval and is consistent with the Zoning Ordinance and
Comprehensive Plan; and, therefore, I move that the Planning and Zoning Commission adopt the findings of fact included within the staff memo dated November 27, 2019 as the findings of the Planning and Zoning Commission, and recommend to the Village Board approval of Petition No. 19-391 conditional upon adding ‘habitation’ to the list of prohibited used in the proposed Section 10-3- 12(B)(1)(c) and conditional upon allowing up to three (3) containers on residential property in the proposed Section 10-3-12(B)(2)(a).
The motion carried. 5 votes in favor, none opposed.
Ayes: Kaminsky, Kijowski, Durham, Brooks, Relyea
Nays: None
III. OTHER
A. Microlearning Sessions:
1. Text Amendments
Text Amendments can be initiated by the PZC or Village Board. A public hearing is held by the PZC and the Village Board has final approval authority. There is not a specific list of required findings but text amendments can be evaluated based on the Comprehensive Plan, the purpose and intent of the Zoning Ordinance and planning principles.
The Commission discussed how newspaper reading habits have changed and that other methods may be helpful to advertise hearings to the public. Social media and the website were discussed.
The Commission discussed allowing staff to initiate text amendments. It would be best to have the entire Commission present to discuss the matter so a proposal will be brought forward at the next meeting.
Trustee Brockman said that he brought up concerns about noise at the shooting range to the Administrator and that the Building Department staff was addressing it. At the PZC public hearing, the applicant had indicated that noise would not be a problem.
2. Appeals
A Zoning Appeal can be made based on any order, requirement, decision or determination of the Zoning Officer. A hearing is held at the next regular Planning and Zoning Commission Meeting after an appeal is filed. The PZC makes a recommendation to the Village Board which has final decision-making authority.
The Commission discussed the types of appeals that can be made. Zoning Appeals are challenges to the decisions of the Zoning Officer on things like uses and zoning reviews on permit requests.
Zoning Appeals do not apply to cases, such as variances and other applications, which get reviewed by the PZC and approved by the Village Board. Appeals to those cases would be subject to judicial review.
B. Staff Updates
The next Planning and Zoning Commission Meeting will be held on January 8th, 2020.
Typically meetings are held the first Wednesday of the month but January’s meeting will be delayed due to New Year’s Day.
IV. ADJOURNMENT
Motion by Brooks, seconded by Kijowski to adjourn the meeting. The motion carried. 5 votes in favor, none opposed.
Meeting adjourned at 8:30pm.
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