FINDINGS OF FACT AND RECOMMENDATIONS OF THE PLAN COMMISSION/ZONING BOARD OF APPEALS OF THE VILLAGE OF MAYWOOD TO THE PRESIDENT AND BOARD OF TRUSTEES Case #17-002 December 12, 2017 APPLICATION: PC/ZBA Case # 17-002 - For two yard variances in the M-1 General Manufacturing District under the Maywood Zoning Ordinance (MZO) Section 9.3 PROPERTY: For the expansion, one petitioner owned parcel (PIN 1515102035000) to the east and two Village-owned parcels (PINs 1151020150000 & 1515102013000) to the south of ing facility, located at 2200 § Maywood Drive, Maywood, Illinois ‘The Right of Way proposal includes a portion of PIN 1515102015000 and all of fourth PIN, 1515102017000 PETITIONER: Mr. Barry Willey, President and CEO, National Cycle Inc. SUMMARY OF REQUEST AND RECOMMENDATION: Mr. Barry Willey, President and CEO of National Cycle Inc., submitted to the Village of Maywood Community Development Department a proposal for a 28,407 sq foot expansion of his National Cycle facility located at 2200 $ Maywood Drive, and an MWRD- required detention basin at the south of the new proposed building footprint. National Cycle has been a business in the village since 1937; Mr. Willey has indicated that the proposed expansion will allow for a significant addition of both equipment and jobs at his facility, The south portion of the expansion and detention basin would be located in Village-owned M-1 General ‘Manufacturing parcels; the east portion of the expansion would be located in a subdivided M-1 parcel Purchased by Mr. Willey from the adjacent property owner. The detention basin would catch water in a rain event only and would not be consistently filled. The proposed expansion requires yard variances on both the south and east sides of the project. Following a public hearing held on December 12, 2017 on the yard variances request, the Plan Commission/Zoning Board of Appeals (PC/ZBA) recommended approval of the proposed variances with additional recommendations on a vote of 6-0 with one commissioner absent. BACKGROUND: The Village-owned M-1 parcels are part of an old, vacated railroad right-of-way. The area directly south of the Village-owned M-1 parcels is zoned R-2 ~ Single Family Residential and the residents in the neighborhood currently use the Village-owned M-1 parcels as an unimproved right-of- way, with the 19th Avenue side barricaded. As part of the project, staff worked with Mr. Willey to come 380750.5to a solution to both retain and improve the informal right-of-way for both National Cycle and adjacent residents, The current National Cycle facility is a permitted industrial use in the M-1 General Manufacturing District. The parcels being proposed for purchase by Mr. Willey and conversion by the Village of Maywood to right-of-way are also zoned M-1 Mr. Willey has indicated that the reduction of the project size to 20,000 square feet (the area of the project if the Village-owned parcels are not made available) is economically not viable and likely would jeopardize the project. PUBLIC HEARING: At the public hearing held on December 12, Village staff and Mr. Willey presented the project to the PC/ZBA, Josh Koonce, Planner for the Village of Maywood, gave an explanation of the Village-owned parcels that Mr. Willey is requesting to purchase. Using a map, Mr. Koonce was able to show and explain how the parcels are currently being used. He explained that the parcels are already zoned M-1 and would not require rezoning. Photos were also presented to show the Commissioners and the public as clearly as possible the entire area around the facility. Mr. Koonce stated that the initial proposal was to extend the footprint of the building to the south and to have an overhead door facing 21st Avenue so that delivery trucks could come up on 21st Avenue, make deliveries, and turn around and then head back south down 21st Avenue to get out of the neighborhood. Mr. Koonce stated that there were a few ways the initial proposal potentially failed to meet the standards for the zoning variations; the access drive on 21st Avenue included loading operations facing a residential district which could negatively affect the character of the neighborhood. There is also a screening requirement so a door facing on 21st Avenue would not be properly screened on a residential distri Mr. Koonce explained the alternate proposal with an east-facing overhead door, and improved right-of- way access off 19th Avenue, connecting 20" and 21° Avenues. Mr. Koonce stated that National Cycle indicated that deliveries or pick-up by UPS would only be once a day by normal box trucks rather than semi-trucks. He also spoke about the costs that the Village would need to contribute to provide the right-of-way, per the Village's engineering firm, Mark Lucas, representing Hancock Engineering, the Village of Maywood's engineering firm, provided technical expertise on the right-of-way improvement and the detention basin. ‘The commissioners asked a number of questions. They asked about required fire exits, the number of additional jobs that would be added as part of the expansion, the number of UPS/FedEx trucks that would be coming for deliveries, and truck turn-around. There were also interested in increased noise levels and increased jobs. There was extensive public comment and questions, much of it from residents located in the area immediately south of the project. A wide ranging discourse and input session took place, covering topics, such as the detention basin and area flooding, installation of lighting, increase in truck traffic where kids play in the neighborhood, proximity of the proposed right-of-way to adjacent properties, increased noise, and a general increase in all traffic if the north end of the neighborhood is opened up with the 399159. 3 2proposed right-of-way. Residents were concerned that eventually bigger trucks would be brought into the area. ‘A number of issues were also raised that were only tangentially related to the project. Many residents said that the vacated right-of-way is currently used for illegal fly dumping, the adjacent catering business attracts rats, the nearby alleys should be paved, there are dead trees that need to be removed, and that there is not enough policing taking place as crimes are occurring on the Village-owned parcel. ‘Mr. Willey presented, and was glven the opportunity to respond to some of the concerns and present the functions and facility of his long-running Maywood business, inviting residents to come see for themselves the way he operates. He addressed many of the noise and truck concerns. He stated that he attempts to hire Maywood and Bellwood employees when possible. He spoke about the business and need for expansion, He addressed resident concerns regarding truck traffic, and the proposed schedule for the project. No semi-trucks will need to come to the expansion entrance. ‘Angela Smith, Coordinator of Business Development for the Village of Maywood, gave a brief summary of National Cycle’s tax payments and importance to the Village as both an employer and commercial taxpayer. MOTION AND FINDINGS: After public comment was closed by Chairman Christian, the Commi discussed the proposed variances. ners Commissioner Stelnicki stated that the Commission has to consider a pro-business approach that will overall benefit residents in the Village. Commissioner Smith stated that if the expansion is allowed and the right-of-way is paved and more lighting is installed, the whole situation should improve for all the residents, There was a sense from the residents that they would rather see one UPS and Fedex truck utilize the existing streets to access the Property, rather than open up the area for traffic from 19" Avenue. Commissioner Lira gave her opinions about traffic in that particular area; she feels that the fence and lighting improvements are things that should be recommended to the Village Board, In order to proceed as proposed the project requires two yard variances under the Maywood Zoning Ordinance (MZO) Section 9.3. 1, The Minimum Interior Side Yard-Non-Residential Use Abutting Non-Residential Use or District for an M-1 district is 10 feet. The proposal does not include a side yard (on the east side) and a ten foot variance would need to be granted. To the east, there is still a significant amount of ‘open space ~ approximately 200 feet ~ between the new proposed facility and the adjacent parcel’s structures — and the intent of the zoning ordinance is not affected by this variance. 2. The Minimum Rear Yard-Non-Residential Use Abutting Non-Residential Use or District for an M-1 district is 20 feet. The proposal does not include a rear yard (on the south side; in PIN 1515102015000} and a 20 foot variance would need to be granted. The residential district to the south will remain buffered by the distance across the remainder of the Village-owned parcel = approximately 30 feet, which will be made up of the proposed right-of-way and/or landscaping, Commissioner Lira made a motion to recommend for approval to the Board of Trustees the yard variances being requested by the Petitioner with the additional recommendation that the following items be addressed by the Petitioner and Village as part of the overall redevelopment and expansion of the existing facility: 389759.3 3* Access to the new building addition by delivery trucks using 21" Avenue. In accordance with the wishes of the attending residents, a continuation of the current blocking of the connection from 19" Avenue, with the result that the area of new paving will be along the south side of the Property from 21* to the alley west of 19" Avenue © Replacement or maintenance of the existing fencing on the north side of the new right-of-way ‘Installation of lighting along the newly-paved right-of way © Marking the right-of-way on 20th and 21st Avenues in the block south of the Property with truck route restrictions * A prohibition on curb cuts or access from the adjacent property (Supreme Catering) along the new right-of-way ‘© Improvements to the condition of the green space in the parcel remainder adjacent to 19th Avenue Commissioner Lira’s motion was seconded by Commissioner Stelnicki; the motion was carried by roll call vote; vote by roll calls as follows: Ayes: Chairman Christian, Commissioners Dawson, Lira, Smith, Stelnicki and Vallow. Nays: None. Abstain: None. 6-0-0 motion carried. FINDINGS: The PC/ZBA makes the following Findings as to the proposed variances: 1. The strict application of the terms of the Zoning Ordinance will result in undue hardship. © The existing National Cycle Property is essentially built-out. Without the expansion at the current location, National Cycle will be forced to consider leaving Maywood. The plight of the owner is due to unique circumstances and not applicable generally to other property within the same zoning classification. ‘© The Property is one of the Village's few large parcels zoned for manufacturing use. The existing structure is built to the lot lines. Each side abuts other industrial facilities; not streets or walkways. South portion of existing building abuts vacated railroad right-of- way; with the addition of water retention and landscaping, appearance will be improved. The availability of adjacent undeveloped Village-owned property for ‘expansion is a unique circumstance. Additionally, National Cycle has a commitment with ‘@ major customer to begin new operations which will require the additional space. 3. The variation, if granted, will not alter the essential character of the locality. '* Neighboring property to the east is an unpaved parking lot and is unlikely to be affected by the proposed addition. The south-facing portion will be improved and maintained rather than growing wild as itis in its present state. The alleyway to the south of the property is to be improved and the water detention will be beneficial to surrounding residential properties. 4. The particular physical surroundings, shape or topographical conditions of the specific property impose a particular hardship upon the owner, as distinguished from @ mere inconvenience, if the strict letter of the regulations were to be carried out. 380750.3 4* The Property contains a long-existing building that is already bult-out to the lot lines. National Cycle has developed a plan that involves acquiring adjacent property in order to help minimize the impact, and to provide for water detention. The 10 foot setback would reduce interior space by approximately 3,000 square feet. The 20 foot setback would have a similar or greater impact to the rear of the property. The proposed addition is 28,000 square feet; to lose over 6,000 square feet due to setback requirements severely impacts the economic viability of the project. The project is not commercially viable if smaller. 5. The alleged difficulty or hardship has not been created by any person presently having a proprietary interest in the property in question. ‘© Existing building was constructed without the currently required setbacks; the petitioner is requesting that the existing east side-wall be continued to the south. 6. The granting of the variation will not be detrimental to the public welfare in the neighborhood in which the property is located © The business expansion associated with the proposed variations will result in additional jobs. The improvements to the vacated right-of-way and addition of landscaping will improve the appearance of the neighborhood and will allow a long-standing Maywood business to continue to operate within the Village. Water detention issues are addressed as part of the plan. 7. The proposed variation will not impair an adequate supply of light and air to adjacent property, substantially increase congestion in the public streets, increase the danger of fire, endanger the public safety or impair property values within the neighborhood. ‘+ The addition is to the south and east facing portion of the existing building. There is no neighbor to the north to be affected. Property to the east is an unpaved parking lot. Light and air to neighbors to the south would not be affected as a significant distance between uses is still maintained. 8. The proposed variation is consistent with the spirit and intent of the Village’s Zoning Ordinance and the adopted Comprehensive Plan ‘© Zoning ordinance setback distances are still maintained between uses even with buildout to the new proposed lot lines. ‘The 2014 Comprehensive Plan “places additional emphasis on improving the Village's industrial areas” (p. 2) 9. The value of the property in question will be substantially reduced if permitted to be used only under the conditions allowed by the regulations governing the district in which itis located. ‘+ The petitioner has indicated that reducing the proposed 28,000 square foot expansion to approximately 20,000 is not economically viable and likely would jeopardize the project. RECOMMENDATION: Based upon the foregoing Findings, the Plan Commission/Zoning Board of Appeals, by a vote of 6-0-0, recommends to the President and Board of Trustees that the requested variations be approved, and makes the additional recommendation that the following items be addressed by the Petitioner and Village as part of the overall redevelopment and expansion of the existing facility: * Access to the new building addition by delivery trucks using 21” Avenue and, in accordance with the wishes of the attending residents, a continuation by the Village of the current blocking of the connection from 19" Avenue, with the result that the area of new paving will be along the south side of the Property from 21” to the alley west of 19" Avenue Replacement or maintenance of the existing fencing on the north side of the new right-of-way 399759.3 5399759_3 Installation of lighting along the newly-paved right-of way Marking the right-of-way on 20th and 21st Avenues in the block south of the Property with truck route restrictions A prohibition on curb cuts or access from the adjacent property (Supreme Catering) along the new right-of-way Improvements to the condition of the green space in the parcel remainder adjacent to 19th Avenue Plan Commission/Zoning Board of Appeals Village of Maywood