Loading...
O-02-01 01/08/2001ORDINANCE NO. 0 -09,.0( AN ORDINANCE APPROVING A SPECIAL USE ( Fahrenheit Tanning, 1248 -1250 State Street, Lemont, Illinois) ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT Published in pamphlet form by authority of the President and Board of Trustees of the Village of Lemont, Cook, DuPage, and Will Counties, Illinois this 8'4' day of . 2001. 2001. ORDINANCE NO. V `O `c% AN ORDINANCE APPROVING A SPECIAL USE ( 1248 -1250 State Street, Lemont, Illinois) WHEREAS, Fahrenheit Tan Salon and Swimwear, hereinafter referred to as "the Petitioner," is the lessee of certain retail space, hereinafter referred to as "the subject property," located at 1248- 1250 State Street, and legally described in Exhibit "A." WHEREAS, the Petitioner made application under the provisions of the Lemont Zoning Ordinance of 0- 25 -99, for a request for a Special Use to allow a Tanning Salon business in the B -3, Arterial Commercial District, pursuant to Section VIII.E.2. of the Lemont Zoning Ordinance; and WHEREAS, a notice of the aforesaid Public Hearing was made in the manner provided by law and was published in the Lemont Metropolitan, a newspaper of general circulation within the Village; and WHEREAS, the Planning & Zoning Commission of the Village of Lemont, Illinois (the "Village ") did heretofore commence and conduct a Public Hearing on December 19, 2000 for approval of a Special Use; and WHEREAS, the President and Board of Trustees of the Village of Lemont, after a public hearing as required by law, approved a Special Use Permit; and WHEREAS, the President and Board of Trustees of the Village have determined that the best interests of the Village will be served by approving the Special Use Permit described herein. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, DUPAGE, AND WILL, ILLINOIS: SECTION 1: Special Use. The subject property described above is hereby permitted to allow a Tanning Salon business in the B -3 District, pursuant to Section VIII.E.2. of the Lemont Zoning Ordinance. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF 1HE VILLAGE OF LEMONT, COUNTIES OF COOK, DUPAGE AND WILL, ILLINOIS, ON THIS 8'"` DAY OF 2001. John Benik Debby Blatzer Keith Latz Connie Markiewicz Rick Rimbo Mary Studebaker Approved by me this AYES NAYS PASSED ABSENT V V V J V CHARLENE SMOLLEN, Village Clerk SMOLLEN, Village Clerk (Plan Commission Minutes - December 19, 2000, excerpt:) Case 20.23 Fahrenheit Tanning: Request for Special Use to Operate a Tanning Salon. Mr. Teddy said that this Public Hearing is regarding a proposed tanning salon to be located at 1248 State Street, in the new addition to the Jewel -Osco shopping center at Lemont and 127th Street. The addition is on the south side of the center, directly across from the Burger King. This is a type of use that in other districts would be treated as a special use, which means that it is a use that would be suitable for the district, but perhaps not all locations in the district. Mr. Teddy said that in the B -3 District, tanning salon is not mentioned specifically. He said it is somewhat of a technical special use, in that we were faced with a situation where we couldn't quite sign off on a permitted use: the B -3 district does not list tanning salons among the several permitted uses, but indicates "other permitted uses as listed in B -1 and B -2 Districts ". Turning to the section of the ordinance for those districts, Mr. Teddy said, is quite a lengthy list of special uses, and tanning salon appears as a special use in both B -1 and B -2 districts. Mr. Teddy's interpretation is that this petition has to be treated as a special use. In the Lemont Plaza, just north, a tanning business was permitted under the terms of the PUD ordinance passed several years ago. That petitioner asked for a customized list of permitted uses, not withstanding the Lemont ordinance. Under those circumstances, tanning salon was permitted. As stated in the Village Planner's report, staff does not feel tanning business in this type of tenant space would have any greater impact in the surrounding area as a whole than any other use - -no excessive traffic, snf nothing operationally that would suggest higher impacts than another type of retail or service business that would go into that space. Mr. Teddy said that the Petitioner has submitted a floor plan that indicates what the tanning salon will consist of: twelve private tanning booths arranged around the central corridor. At the front is a desk area waiting space and some retail space.. Staff is recommending approval and as a side note we should eventually amend the ordinance to list Tanning Salons as a special use that does fit in this area. Mr. Teddy introduced the Petitioner, Mr. Tom Zum, and asked him to elaborate. Mr. Zum said that he was the principal of TBS Development, the owner of shopping center and the person who did leasing of Phases I and II. He said that as the developers, they feel that adding a tanning salon will blend in with the other businesses. He said that they wish to complement the existing services and retail in the center, as far as the balance of the shopping center. He said that the use does not conflict, and said that a developer must be careful not to step on any toes, so to speak, and that the tanning salon use has the full support of the other retail users. Mr. Zum said that all the others in shopping center support the tanning salon. Mr. Zum also said that an issue important to developer is dealing with new and state of the art equipment, safe equipment, and that he learned a lot about tanning salons. Mr. Zum said that they also feel fortunate in giving someone the opportunity to open a business to someone from Lemont, who lived and grew up here, and especially a business in the field she has been working in for the last few years. He said that Lisa Mazzucchi and her father are the owners, and they are here to address any particular question of operation, whereas he could address answers on the shopping center as a whole. Ms. Mazzucchi said that the operation is basically this: clients come in, their information is recorded through computers - -there are many Illinois Health Department questions to be filled in on the information cards. Then the computers instruct the employees what to advise according to skin types and other questions, and the client proceeds to the booth. Mr. Stapleton asked Ms. Mazzucchi what the hours of operation were, and she replied that the hours of operation are Monday through Thursday 8 a.m. to 11 p.m., on Friday from 8 a.m. to 9 p.m., on Saturday from 9 a.m. to 8 p.m., and on Sunday from 9 a.m. to 5:00 p.m. Mr. Metzger asked how the 11 p.m. closing time compares to other retailer hours in the plaza. Mr. Zum replied that the other retailers are open to 10 p.m., but that part of the reason he has no problem with the 11 p.m. closing time is the security factor with Jewel open twenty -four hours a day, and the lighting in the area is bright. He said also with Burger King being open late, and the new restaurant being open late - -he had no problem with 11 p.m. Mr. Zum said perhaps the Commission did not know, but former weatherman Andy Avalos was the owner /operator of a new restaurant /pancake house that will stay open until 8 or 10 p.m. - -and possibly later if the situation warrants. Mr. Bruce asked Ms. Mazzucchi if she was planning to add massage at a later time and she replied emphatically no, she trained in tanning and wished to stay in tanning only. Mr. Metzger asked the Petitioner about safety. He said with regard to safety, do you manage or monitor these tanning machines? He said everyone has heard about someone falling asleep in the machine. He asked what safety measures are in place to prevent falling asleep in the machine. Ms. Mazzucchi said that all of the beds are timed and run by computer. Some of the beds run 20 minutes; there are 15- minute beds, 10- minute beds, and also a 12- minute bed. Those time limits are the maximum time the beds can run, and then they have to stop in order to go around. She said the beds cannot run for an hour. She advised that the Health Department has a form she mentioned previously, with numbers assigned according to color hair of eyes and hair, what kind of products are used at home, what kinds of medication the client takes, etc. The employee is trained to score that Health Department card, then another card goes to another chart from the Health Department, which has yet another card on which you score a number 1 though 5 according to skin type, then proceed to the numbered bed for so many minutes. Mr. Bruce asked who is training employees, and Ms. Mazzucchi said that she intends to train all employees. Mr. Bruce then asked if she was certified, and she responded that she was certified by 2 Exerpt: Z:\P &Z \P &Z1219.MIN the NTTI, the National Technical Tanning Institute, and had earned the Master's Professional Certificate. Ms. Mazzucchi said she was also certified through Smart Camera Network, as will be all employees, and all Certificates will be hung on the wall. Mr. Metzger asked if there were a problem with the machine malfunctioning, would insurance cover any problems. Ms. Mazzucchi said that "Tanning and Massage insurance" is purchased strictly for this purpose. Commissioner Metzger thanked Ms. Mazzucchi for the information and asked if there were questions or comments at this time from the public. He said this was the opportunity to participate. After no comments were forthcoming, the Chairman asked Mr. Teddy if he had any further comments, and he said no. Chairman Metzger asked that the motion to close include that tanning salon be considered in the future as a special use listing. A motion was made and seconded, and the Public Hearing was closed by unanimous vote. Mr. Metzger asked that the vote include a separate recommendation to add "tanning salon" as a permitted use in the B -3 Arterial Commercial District. Mr. Studebaker made the motion to approve the special use and Mr. Stapleton seconded the motion. Mr. Teddy was asked to record the vote for approval of the petition. Mr. Ptacek voted yes. Mr. Bruce voted yes. Mr. Studebaker voted yes. Chairman Metzger voted yes. Ms. Pearson voted yes. Ms. Murphy voted yes. Mr. Stapleton voted yes. The motion to approve the tanning salon as a special use passed. Chairman Metzger said that the tanning salon use would be permitted, pending approval of the Village Board at their meeting on January 8th, 2001. Exerpt: Z:\P &ZAP &Z1219.MIN . WI$If4r— 22- E_�9 — JiwL_ili:_g : :'. - --- =; ter, m. . :L� - :..� r .. T�Ql�.uu1i11 �: � �.. � _ _ :tom II�.��!� 4 II 1e 111811111111 i� IilllllilllltJ�rl.r� j/,1r �J��C - 111111111111 =1�� � *It o PUD R -4 - OAKWOOD ELEMENTARY SCHOOL subject property 11111111 NEALTH : EXHIBIT 1 Farenheit Tanning 20.23 STAFF REPORT PLANNING AND ZONING COMMISSION Prepared by Andrew Fitz, Village Planner GENERAL CASEFILE INFORMATION Case Number Commission Meeting Date Petitioner Request(s) Location Parcel Number(s) Size Street Frontage(s) Current Zoning Contiguous Zoning & Land Use Exhibits 1) Location/Zoning Map 2) Alta Survey 20.23 December 19, 2000 TBS Lemont, L.L.C., on behalf of Farenheit Tan Salon and Swimwear A Special Use approval to operate a Tanning Salon Business in the B -3, Arterial Commercial District 1248 -1250 State Street, Jewel/Osco Plaza 22 -32 -107 -014 2.5 acres +- N/A B -3/PUD North, B -3, Arterial Commercial South, B -3, Arterial Commercial East, B -3, Arterial Commercial West, R -4, Cook County CHARACTER OF THE AREA The proposed business is located within the Jewel/Osco Plaza, which was approved as a planned unit development by the Village Board in February of 1996. The first phase of the Plaza. contains 92,000 square feet of retail space, and was recently expanded to include an additional 20,000 feet of retail space. DEVELOPMENT PROPOSAL TBS Inc, the property management organization which leases and manages the Jewel/Osco Plaza, is representing the "Farenheit Tan Salon and Swimwear" company which plans to open their business in one of the newly constructed tenant spaces. The recently updated zoning ordinance classifies "tanning salons" as a Special Use in the B -1 and B -2 zoning districts. It is Staff's opinion that Tanning Salons as a use most likely does not merit the scrutiny and added consideration that a "Special Use" classification is intended to engender. In terms of impacts and intensity, it does not differ in any significant fashion from a typical beauty salon. It does not generate additional car trips, nor does it present any issues of incompatibility with regard to adjoining commercial uses. Staff would recommend that in the next phase of zoning ordinance amendments, that the Planning Commission consider changing Tanning Salons to a permitted use. PUBLIC RESPONSE There have been no public inquiries regarding this petition STAFF RECOMMENDATION The Staff's Recommendation may be based on the following elements and considerations: the Comprehensive plan, Illinois Zoning and Planning Statutes, Case Law, the Zoning Ordinance, other applicable village ordinances, input from various village departments and personnel, and professional expertise and knowledge of urban planning practices and principles. It has not incorporated public and/or expert testimony or new and better information presented during public hearings/proceedings on the petition. The Staff's Recommendation is subject to change and modification and should not be construed to be final and irrevocable. Staff recommends approval of the Special Use