To: Chairperson Blonz and Members of the Plan Commission
From: Nancy Radzevich, AICP, Community & Economic Development Director
Dominick Argumedo, AICP, Zoning Administrator/Land-Use Planner
Date: November 15, 2018
Re: Plan Commission Case PC 18-12 – Text Amendments to Title 12 to Modify
Selected Residential and Commercial Bulk, Density and/or Parking Standards for the R3 General Residence District, C1 General Commercial District, C2 Neighborhood Commercial, and CR Commercial Residential Zoning Districts of the Village of Morton Grove Unified Development Code (Ordinance 07-07) in Support of Transit Oriented Development and Economic Development Goals STAFF MEMORANDUM
Public Notice
The Village provided Public Notice for the October 15, 2018 Plan Commission public hearing for PC 18-12 in accordance with the Unified Development Code. The Pioneer Press published the public notice on September 27, 2018. As this request is for a text amendment, not a request for a specific site, public notice signs or notification letters were not required. At the October 15, 2018 public hearing staff requested a continuance to November 19, 2018, which was approved unanimously. Background
With the adoption of the Lehigh-Ferris Tax Increment Financing District and subsequent creation of the C/R Zoning District, the Village has continually updated codes and planning documents to help encourage and promote higher density, compact, pedestrian oriented development around and adjacent to the Morton Grove Metra Station (8501 Lehigh Avenue). These efforts to create a transit-oriented development and “downtown” commercial area district are exemplified in various targeted plans, such as:
Lehigh/Ferris Framework Plan – The Village approved this subarea plan in 2008, which was focused on encouraging higher density and/or mixed use developments around the Morton Grove Metra Station, and along Lincoln and Ferris Avenues. The Plan was created in order to build “upon prior planning initiatives which had identified the potential for this area to be redeveloped into a Transit-Oriented Development (TOD) neighborhood.” Among the implementing strategies was the refinement of the Village’s zoning code to ensure that its “requirements do not present any barriers to or conflicts with the development concepts”. Strategic Plan – In 2014, the Village, with input from residents, drafted and adopted a 5 year
Strategic Plan. Among that Plan’s goals was to establish a framework for a pedestrian friendly commercial downtown TOD area.
Industrial Area Plan – In October 2014, the Village approved an Industrial Areas Plan for Morton Grove’s manufacturing districts, which are primarily located south of the Morton Grove Metra Station. Based on input received from the various business owners, one of the key recommendations of this Plan was to, “…Investigate and update zoning districts to ensure compatibility with adjacent uses and the optimality of desired businesses and associated growth…” [and to] “….create a lively and accessible downtown…” as an amenity to the
In 2016, the Village applied for and was awarded a grant through the Regional Transit Authority’s (RTA) and Chicago Metropolitan Agency for Planning’s (CMAP) 2016 Community Planning Program and Local Technical Assistance Program for assistance in updating the Village’s zoning code for the area adjacent to the Morton Grove Metra Station (while the map below shows an area within ½ mile of the Morton Grove Metra station, the grant was not specifically limited in distance). Although initially intended to run through 2017, due to staffing changes at the RTA and conflicting workload issues at the Village, the RTA agreed to extend the grant through 2018.
The RTA solicited qualifications from various firms and ultimately hired Teska Associates to review and assist in drafting the proposed Transit Oriented Development (“TOD”)-related code updates for the zoning districts around and/or within close proximity to the train station – specifically the C1, C/R, and R3 Districts. Building on this grant work, the Village included some additional amendments, particularly to the use classifications and to provide some consistency for certain types of developments in these three Districts, as well as the C2 District.
Village of Morton Grove Zoning Map Near Metra Station
The attached document only includes those sections of the code with text amendments. Staff notes that all currently proposed text amendments are highlighted in yellow – and text that is proposed to be added is also shown as bold, underlined text, while language that is proposed to be removed as part of this text amendment is shown as strike-through text.
The attached document also shows the recently adopted text amendment language resulting from Plan Commission Case PC#18-11. Staff notes that when that proposed text amendment was presented to the Village Board for the first read, some of the Trustees raised a concern as to having the decision regarding whether certain uses (fitness center, commercial schools, etc.) would be permitted or special uses be within the sole discretion of the Village Administrator. In addition, some Trustees were uncomfortable with allowing Liquor Stores, Microbrewers, and Taverns, Bars and Cocktail Lounges to potentially be allowed as permitted uses (through the administrative review process). As such, the Village Board asked for some changes that would: 1) change the administrative review process such that it would require unanimous support from the corporation counsel, plan commission chairperson, and the building official, in addition to the village administrator (this mirrors the review process required for a minor amendment to a special use); and 2) to keep Liquor Stores, Microbrewers, and Taverns, Bars and Cocktail Lounges as special uses. This modified amendment was adopted on November 12, 2018 and all the recent changes to the code, as approved by the Village Board, are shown in blue highlighted, bold, underlined text.
Discussion
The proposed text amendment seeks to facilitate the Village’s established goal to support and encourage a transit-oriented, pedestrian friendly, active and accessible neighborhood area around the Metra train station. Specifically, with this text amendment, the Village intends to:
“Clean up” some of the use classifications and associated definitions to enhance clarity and/or to better address changing market demands;
Amend some of the density controls – particularly for multifamily, attached dwellings and/or mixed use developments – to resolve inconsistencies and to better reflect actual potential development;
Amend some of the development standards for specific developments, particularly in the C/R District, to better reflect some of the goals established in the Lehigh-Ferris Framework Plan;
Add/amend select parking regulations based on proximity to the train station and/or public parking lots and to address the need for visitor/guest parking; and
Establish design standards to enhance and further encourage active pedestrian-focused development, particularly in the C/R District.
Commercial Use Classifications/Definitions
As with the Manufacturing Code Update (Ord. 17-09), Staff is proposing amendments to “clean up” some of the Commercial Land Use classifications (Sec. 12-4-3:D), particularly related to retail and commercial service uses. The Unified Development Code is a permissive code which means that if a use is not specifically listed as an allowed use within a zoning district, then it is not allowed. The Code does not provide discretionary authority for the Village Administrator or other designee to permit “similar” types of uses. As written, the existing allowed land uses within the commercial districts are often so specific that adaptability to the ever changing market-place is challenging. Currently, if a specific use is not listed, the only remedy to allow such a use is by the adoption of a text amendment to specifically include the new use classification and any associated definitions. Within the Commercial Districts, the current code does not include any general classifications based on the types of retail goods and/or potential impacts, which is common in other municipal codes, but instead lists very specific retail uses such as: Antique Shops; Book, Magazine and Newspaper Stores; China and Glassware Shops; Shoe Stores; and Toy Shops among others. This type of use classification system is overly complicated, often results in outdated classifications (i.e. Telegraph and Telephone Company Stores), and may actually prohibit certain types of desired businesses, simply because they are not specifically listed in the use table.
As part of this effort to simplify and streamline the code, particularly for the areas adjacent to and within close proximity to the train station, staff is proposing changes to the use classifications and definitions as follows:
1. Replace the specific retail use classifications with two more general types of retail use classifications – General Retail Goods Establishment, which includes such retail uses as shoe, jewelry, toy, etc. stores that can easily be located in any commercial district, and Home Finishes & Treatments – Retail, which includes establishments such as wall paper, drapery, floor tile, etc. stores that are more appropriately located in the C1 or C2 Districts as opposed to “downtown” areas within the C/R District;
2. Expand the number of current uses classified under the existing Commercial Services use classification and definition, such as Interior Decorating Shops, Locksmith Shops and Picture
Framing. In addition, Staff notes that some of the current uses listed in the table are already specifically referenced in the existing Commercial Service definition as examples of such use – including shoe repair and tailors; staff is proposing to “clean up” the use table by eliminating separate listings for these;
3. Combine some similar uses into singular classifications – for example, Beauty Parlors and Barber Shops are currently listed separately; staff is proposing to combine these into one classification;
4. Create new classifications and definitions for Bed and Breakfast and Theater uses; and
5. Generally clean up some existing classifications and/or associated notes, to provide more clarity as to intent.
If this text amendment is approved, the total number of uses listed in the Commercial Districts will be reduced from 151 to 113. By adding these more encompassing use definitions such as General Retail Goods Establishment and Home Finishes & Treatments – Retail, and by better utilizing the existing Commercial Services definition, the Village will have greater ability to respond to the changing marketplace for these types of uses and reduce confusing and outdated language, while still ensuring the desired level of added review, as warranted, for other uses that can potentially have impacts on abutting properties and/or infrastructure.
New Residential Use Classification/Development Standards
In addition to the Manufacturing Districts to the south and southeast, the area around the train station is generally zoned R3 General Residential District and C/R Commercial Residential District. The Unified Development Code describes the R3 District as intended to, in part, “…provide a residential environment of medium density residential development incorporating single-family, two-family, and multiple-family dwelling structures…” and the CR District as intended to, in part, “….to provide a higher density of residential use than in the R-3 general residence district and associated neighborhood commercial uses which service this higher density residential use.”
To build upon the intent of the R3 and CR Districts and provide for some alternate housing development opportunities based on current market demand, Staff with the support of Teska Associates, is proposing to add a new dwelling use classification in the R3 and C/R Districts for Small Lot Single Family Dwellings. This new use classification would allow for the development of single-family homes on smaller lots, similar to the Floral Avenue single-family development in Skokie. This type of use classification allows for higher density single-family development, which is an increasingly desirable market for both first time home-buyers as well as empty nesters looking to downsize, and who are seeking an alternative to a townhome or condominium.
Staff worked with Teska, to set up some base development standards for this new use classification, that will allow reduced sized lots, but in such a way that the development will be consistent with some of the existing development patterns in R3 as well as some of the R2 District neighborhoods that surround the TOD area. Because these are special types of developments, Teska and Staff are suggesting that development standards be included within a new subsection of Section 12-5, Special Zoning Provisions. The new 12-5-10 subsection includes all of the development standards and density controls for this type of development. Among the proposed standards is that the minimum lot width would be 30 ft., which is comparable to some of the existing smaller lots in the adjacent R2 District and reduced setbacks to additionally accommodate development on these smaller lots.
In reviewing the development standards for Multiple-Family (including multi-family and/or attached dwellings) and Mixed Use Developments in C1 and C2 District (Section 12-5-4 and 12-5-6), Staff found some inconsistencies and/or discrepancies in the development standards. For example, in Section 12-5-4:C, the current minimum lot area per dwelling unit (i.e. density) is 24 units per acre for both multi-family and attached dwellings. While this is an appropriate density for multi-family developments such as mid-rise condominiums, this is unrealistic for attached dwellings, which are typically 16-18 units per acre. In addition to fixing these standards in C1 and C2, Staff is proposing similar density adjustments, as applicable, for multi-family and attached dwellings in the R-3 and C/R Districts, such that there is consistency throughout the code for these types of developments. In addition to fixing these types of density inconsistencies, Staff in consultation with Teska Associates, also reviewed the setback requirements and found similar types of discrepancies/inconsistencies. For example, in the C1 & C2 Districts, commercial and mixed use buildings are allowed to have 0 ft. front setbacks; however, the current code requires 25 ft. for multiple family developments. Such significant deviations in front setbacks would create awkward streetscape lines if sited next to each other. Staff is suggesting 15 ft. setbacks for residential developments, which will provide some necessary “relief” and yard for the residents who reside within the building, while providing for more subtle deviations in the streetscape lines.
Staff is also proposing adjustments to the side and rear setbacks to better reflect actual potential development standards for such multiple-family and/or mixed use developments. For example, in the C/R District, currently a commercial use is required to have a 10 ft. rear yard setback when abutting an alley, but only a 5 ft. setback when not abutting an alley. This could potentially have adverse impacts if the new commercial structure is built 5 ft. from the shared property line with a single family residence. Staff in consultation with Teska, reviewed all the side and rear setback regulations and are proposing changes for Multi-family and Attached Dwelling, as necessary, to better reflect actual development patterns, to ensure consistency for such development in the districts where they are permitted, and to provide some enhanced buffering when such developments directly abuts a residentially zoned property.
Updates to Select Parking Provisions/Standards
Given this grant is, in part, intended to help promote transit goals, Teska and Staff are also proposing some adjustments to the current provisions of the code (Sec. 12-5-7:2) that allow for slight reductions in the parking requirements, when developments are located within a certain distance of the train station or a shared municipal parking lot. Currently, the code allows for a 15% and 10% parking reduction for developments located within 300 feet and 600 ft., respectively, from a commuter rail station or a municipal parking lot. Staff is proposing to increase these distances from 300 ft. to 1/8 mile (660 ft.) for the 15% reduction and from 600 ft. to 1/4 mile (1,320 ft.) for the 10% reduction. The use of 1/8 mile and 1/4 mile increments are more standard distance markers when considering “walkable” TOD related design parameters.
While this reduction may be well-suited for residents who choose to live by the train to either reduce or eliminate their need for a car, it does not address the issue of how to accommodate visitor parking for multiple family developments. As such, Staff is proposing to require guest parking for developments with 10 or more units as follows. The proposed amendment includes a minimum of 0.15 additional parking space/unit for multi-family development and 0.2 additional parking space/unit for attached dwellings development to accommodate on-site visitor parking demands. Parking requirements for the new proposed Bed and Breakfast use are also included.
For multiple-family developments in the C1 and C2 Districts and all developments in the C/R District, the proposed amendments would prohibit parking lots and garages in front of buildings facing a public street and require access to parking to be from an alley or private drive off of the side or rear (Section 12-5-4:G.4 and Section 12.12-5-7:J). This provision would promote stretches of uninterrupted public sidewalk to encourage pedestrian traffic from residential buildings to area commercial developments and will also improve the streetscape for these types of developments. Finally, as a “clean up” measure, staff, at the suggestion of Teska, is proposing to eliminate the specified parking requirement listed in Section 12-5-4:G.1 for multiple-family residential structures. This requirement is repetitive and accordingly staff is proposing to add a note referencing the established parking requirements in Chapter 7 “Off Street Parking and Loading”. This not only eliminates a repetitive standard, but also helps to reduce any potential future inconsistencies, if the overall parking standards in Chapter 7 are ever updated/amended.
Additional Design/Development Standards in the C/R District
Along with appropriate density, vibrant pedestrian focused streetscapes also engage street level activity. In support of this and at the recommendation of Teska, the proposed text amendment includes some design standards to facilitate pedestrian friendly developments. To encourage such pedestrian-focused developments, Staff is proposing base level standards such as establishing minimum window area and height requirements along the street façade, prohibiting tinted or screening of windows; and imposing limitations on the amount of the window area that can be covered by opaque materials, including signage, plaques, etc. These regulations also help codify a goal of the Lehigh/Ferris Plan which is to provide façade transparency along designated streets. Summary of Amendments In Support of Transit Oriented Development
The proposed text amendments as shown in full in the attached document will help the Village to continue to move forward with the goal to refine requirements and remove barriers to a desired active pedestrian oriented downtown area centered around the Morton Grove Train Station. The amendments codify and establish an administrative framework, beyond goals of past plans, to create such a lively and accessible downtown. The amendments provide for increased density, adjusted parking regulations, and design standards which are responsive to market demands, reflect established development patterns, and provide increased levels of consistency. In addition, through this amendment, the overall commercial land use table is cleaned up/modified to provide added clarity, to remove some outdated classifications, and to provide new use classifications that are more appropriately drafted for current market demands/trends.
Recommendation
If the Plan Commission supports this text amendment, Staff suggests the following motion:
Plan Commission recommends approval of Case #PC18-12 for Text Amendments to Title 12 to modify selected residential and commercial bulk, density and/or parking standards in support of transit oriented development and economic development goals for the R3 General Residence District, C1 General Commercial District, C2 Neighborhood Commercial, and CR Commercial Residential Zoning Districts of the Village of Morton Grove Unified Development Code (Ordinance 07-07), per Exhibit 1, attached.
Attachments: - Application
- Proposed Amendment to Section Grove Unified Development Code (Ordinance #07-07) - Exhibit 1 – PC 18-12 Proposed Text Amendment