File #: 14-177    Version: 1 Name:
Type: Ordinance Status: Adopted
File created: 4/22/2014 In control: City Council
On agenda: 4/22/2014 Final action: 4/22/2014
Title: Communication from the City Manager and Community Development Director with a Request to Concur with the Recommendation from the Zoning Commission and Staff to ADOPT an ORDINANCE REZONING Property from a Class P-1 (Parking) District to a Class R-4 (Single-Family Residential) District for the Property Located at 602 W. Nebraska Avenue (Parcel Identification Number 18-04-101-035) and Parcel Identification Number 18-04-101-030 and AMENDING Existing Special Use Ordinance 16,230 and Special Exception Ordinances 11,700 and 11,344, WITH A SPECIAL USE for a PUBLIC SCHOOL TO CONSTRUCT ACCESSORY ATHLETIC FACILITIES in an R-4 (Single-Family Residential) District for the property located at 1803, 1805, 1809, 1811, 1812, 1813, 1815, 1819, & 1820 N. ELLIS STREET; 410, 412, 414, 416, 420, 424, 430, 434, 506, 510, & 602 W. NEBRASKA AVENUE; 1615, 1701, 1716, 1720, 1801, 1811, 1813, 1817, & 1821 N. NORTH STREET; and 501 W. RICHMOND AVENUE (Parcel Identification Numbers 18-04-101-021, -022, -024, -025, -...
Indexes: Goal 3 - Beautiful Peoria, Improve Peoria Public Schools, Reinvest in neighborhoods
Attachments: 1. ORD NO 17,094.pdf, 2. ORDINANCE for PHS - ZC 14-05B, 3. ATTACHMENT A - Property Map and list, 4. ATTACHMENT B - Site and landscpaing plan and rendering, 5. ATTACHMENT C - Lighting Plan and Lighting Details, 6. Surrounding Zoning Map
ACTION REQUESTED:  
Title
Communication from the City Manager and Community Development Director with a Request to Concur with the Recommendation from the Zoning Commission and Staff to Adopt an Ordinance Rezoning Property from a Class P-1 (Parking) District to a Class R-4 (Single-Family Residential) District for the Property Located at 602 W. Nebraska Avenue (Parcel Identification Number 18-04-101-035) and Parcel Identification Number 18-04-101-030 and Amending Existing Special Use Ordinance 16,230 and Special Exception Ordinances 11,700 and 11,344, with a Special Use for a Public School to Construct Accessory Athletic Facilities in an R-4 (Single-Family Residential) District for the property located at 1803, 1805, 1809, 1811, 1812, 1813, 1815, 1819, & 1820 N. Ellis Street; 410, 412, 414, 416, 420, 424, 430, 434, 506, 510, & 602 W. Nebraska Avenue; 1615, 1701, 1716, 1720, 1801, 1811, 1813, 1817, & 1821 N. North Street; and 501 W. Richmond Avenue (Parcel Identification Numbers 18-04-101-021, -022, -024, -025, -028, -029, -030, -033, -034, -035; 18-04-102-005, -006, -007, -008; 18-04-103-003, -005, -006, -007, -008, -009, -010, -016, -023, -024, -025, -026, -028, -045, -048, -049, -050; 18-04-126-019, -020,  -021), Peoria, IL. ZC Case No. 14-05B (Council District 2).
 
Body
BACKGROUND:  
Petitioner:        Laura Tobben of Farnsworth Group, Inc. for Peoria School District 150
 
Current use:        The property is currently developed with Peoria High School and accessory uses.  
 
Proposed use:        The subject property contains approximately 33 acres of land developed as a public High School with accessory facilities, and parking lots, residential structures, and vacant lots.  The proposed Special Use area is zoned Class R-4 (Single Family Residential) District, apart from 602 W. Nebraska Avenue (PIN 18-04-101-035) and the southwest corner of Woodruff Blvd. and Ellis Street (PIN 18-04-101-030) which is currently zoned P-1 (Parking) District. The petitioner is requesting to rezone 602 W. Nebraska Avenue (PIN 18-04-101-035) and the southwest corner of Woodruff Blvd. and Ellis Street (PIN 18-04-101-030) from P-1 (Parking) District to R-4 (Single-Family Residential) District and amend two special exceptions and special use, as noted above, with a Special Use for a School and accessory athletic facilities for the area noted on Attachment A.
 
Present zoning:        R-4 (Single-Family Residential) District and P-1 (Parking) District
 
Proposed zoning:       All R-4 (Single-Family Residential) District
 
The property is
surrounded by:      R-4 (Single-Family Residential) and C-N (Neighborhood Commercial) Districts to the north and west, and R-4 (Single-Family Residential) District to the east and south.  
 
Future land use       
designation:        The future land use designation is public/semi-public, medium density residential, parks, and mixed use, as noted below:
 
 
Acreage:      Approximately 33 acres
 
Density:        Proposed improvements do not result in an increase in density.
 
KEY ISSUES:
 
1)      Existing Facilities (General)
Note that no modifications to the existing high school buildings, parking lots, or accessory buildings and parking lots (east side of North Street) are proposed. School District 150 has requested a waiver to allow existing conditions for all areas not directly impacted by the proposed athletic facility additions, as it relates to parking, landscaping, screening, and setbacks.  Site Plan Review Board does not object to this request, apart from any requirements of federal or State law, such as the Illinois Accessibility Code, ADA, erosion control, etc., which would have to be adhered to.
 
2)      Setbacks
Outdoor recreational facilities are regulated as accessory structures in residential districts.  The Land Development Code requires a 15 foot front yard setback, which applies along Nebraska Avenue, North Street, and the unvacated portion of Ellis Street, and a 1.5 foot rear yard setback.  Proposed athletic facilities do not meet the required front yard setback and therefore a waiver is requested to allow the proposed athletic facilities to be placed within the required 15 foot setback area, which results in a varied setback along Nebraska Avenue between 0 and 15 feet and a 0 foot setback along North Street.    
 
3)      Parking & Access
Required parking is based on the number of students and employees (1 space per 8 students and 1 space per employee), resulting in a requirement of 344 parking spaces.  The submitted site plan notes 514 parking spaces and therefore the Land Development Code requirements are met.  All new parking spaces will meet required parking dimensions. Existing parking spaces are paved and no changes to existing parking areas are being requested, with the exception of the potential removal of a few spaces near the existing Buildings and Grounds site.
 
All existing and proposed disabled parking spaces must meet Land Development Code requirements. Accessible parking spaces must be striped with an 11' parking area and a 5' aisle on the right hand side or an 8 foot wide parking space and an 8 foot wide aisle on the right hand side (16 feet total) and signed with an R7-8 sign and an R7-101 $350 fine plate.  
 
4)      Fencing
A 6 foot tall, black ornamental fence is proposed around the front portion of the track, for the portion along Nebraska Avenue and along North Street.  An 8 foot tall black chain link fence is proposed around the ball fields.  Black chain link fence, 6 feet tall, is proposed inside of the ornamental fence around the track.  In addition, a 6 foot tall wood plank privacy fence is proposed along the north edge of 1731 N North Street.  A waiver is requested to allow a chain link fence in the front yard surrounding the baseball field. Site Plan Review Board supports the waiver request; however, Site Plan Review Board requests that a tree line be added along Nebraska Avenue in front of the baseball field, for the portion of the field that meets the 15 foot front yard setback.  For the northwest corner of the site, where dugouts are placed at the property line, Site Plan Review Board requests that the same ornamental fence be placed along that portion of Nebraska Avenue and the west property line which abuts the parcel Zoned P-1 at 606 W Nebraska Avenue.
 
5)      Retaining wall
A retaining wall is proposed along Nebraska Avenue and North Street.  Per the Land Development Code, a retaining wall cannot exceed 3 feet in height.  The proposed retaining wall varies in height, with a maximum height of 12 feet.  A waiver is requested to allow the retaining wall at a maximum height of 12 feet.  Site Plan Review Board does not object to the requested waiver.  
 
6)      Landscaping
A landscape plan was submitted by the petitioner and alternative compliance is requested, to allow landscaping placed outside of the 15 foot front yard area to be counted toward the calculation of front yard landscape points.  Site Plan Review Board does not object to the request for alternative compliance; however, Site Plan Review Board requests that additional landscaping, an ornamental tree line, in front of the baseball field along Nebraska Avenue, between the proposed field and the property line.  
 
A transitional buffer yard is required on the north, west, and south of 1731 N North Street. A 6 foot tall privacy fence is shown along the north side of 1731 N North street and a portion of the west side, which is supported by both the Zoning Commission and Staff, to screen the Special Use from the residential area. In addition, a transitional buffer yard is required along the western boundary of the Special Use, for the area that in the absence of the alley would abut residentially zoned parcels.  A waiver has been requested; however, Site Plan Review Board requests that additional landscaping be added in this area to screen the area are the neighboring residential properties.  
 
7)      Screening
The Petitioner has indicated that no new mechanical equipment or refuse areas are proposed as part of this plan.
 
8)      Lighting
The Land Development Code requires that lighting not exceed ½ footcandle as measured at the property line.  A photometric lighting plan was submitted for the area surrounding the proposed athletic facilities, which shows lighting up to approximately 6 footcandles along Nebraska Avenue, 1.4 footcandles along North Street, and approximately 15 footcandles along the western property line abutting the proposed ball fields.   A waiver is requested to allow the lighting to exceed ½ footcandle at the property line, per the submitted photometric lighting plan.  The Zoning Commission requested that the petitioner work with Staff to reduce the amount of footcandles at the property line as much as possible, particularly for the western boundary of the Special Use and turn lighting around the athletic facilities off once evening events are complete.  
 
9)      Signage
The petitioner is proposing two monument signs, with each sign being 50 square feet in area and 5 feet in height.  The Land Development Code allows a Special Use in a residential district to have one 20 square foot sign with a height of 5 feet.  A waiver has been requested to allow two 50 square foot monument signs, with a height of 5 feet.  Site Plan Review Board does not object to this requested waiver.  
 
10)      Compatibility
The proposed additions are compatible with the surrounding neighborhood and existing school facility.
 
REQUESTED WAIVERS
 
Code Requirement
Requested Waiver
Site Plan Review Board Recommendation
Zoning Commission Recommendation
1. Various
Waiver to allow existing conditions to remain for all areas not directly impacted by the proposed athletic facilities: No modifications to the existing high school buildings, parking lots, or accessory buildings and parking lots (east side of North Street) are proposed. A waiver is requested to allow existing conditions for all areas not directly impacted by the proposed athletic facility additions, as it relates to parking, landscaping, screening, and setbacks.  
Approve
Approve
2. Appendix C, Article 4.1.4: A 15 foot front yard setback is required in the R-4 (Single-Family Residential) District.   
Waiver from Front Yard Setback Requirements: A waiver is requested to allow the athletic facilities to be placed at a varying setback between 0 feet and 15 feet along Nebraska Avenue and North Street.  
Approve
Approve
3. Appendix C, Article 5.4.8.B.6: Chain link or wire fences are not permitted in the front yard.  
Waiver to allow 6-8 foot tall chain link fence in the front yard: A waiver is requested to allow a chain link fence to be placed in the front yard surrounding a portion of the track and around the baseball fields.  
Approve
Approve
4. Appendix C, Article 11: A retaining wall is limited to 3 feet in height.
Waiver to allow a retaining wall up to 12 feet in height: A waiver is requested to allow the retaining wall to be up to 12 feet in height.  
Approve
Approve
5. Appendix B, Article  17.11.c.(4): A residential Special Use is allowed a sign not to exceed 20 square feet in area and 5 feet in height.  
Waiver to allow two 50 square feet monument signs: A waiver is requested to allow two 50 square foot monument signs, which meet the allowable height of 5 feet.  
Approve
Approve
 
 
REQUESTED CONDITIONS:
Condition
Detail
Site Plan Review Board Recommendation
Zoning Commission Recommendation
1. Right-of Way Vacations
Special Use approval is subject to the approval of the following requested ROW vacations: a. Ellis St - from Nebraska to Woodruff Blvd b. Woodruff Blvd - from Nebraska to alley west of Ellis Street c. Alley parallel to Nebraska (behind 410-434 Nebraska) d. Alley parallel to North St (behind 1731-1821 Nebraska) e. 4 alleys parallel to North St and Richmond Ave (behind and adjacent to 1615-1701 North St)
Support
Support
2. Woodruff Blvd.
A  maintenance agreement is required from District 150 stating that the District will take over all maintenance of Woodruff Boulevard, between Sheridan Road and the north/south alley, including patching, snow removal, etc
Support
Support
3. Floodplain
Any fencing installed within the regulatory floodway will require design review and approval by IDNR as part of the permit (for example, the fence needs to be hinged to accommodate floodwater flow and/or debris.)  
Support
Support
4. Foot Bridge
There is an existing foot bridge across the Dry Run Creek without permit and may be in violation. IDNR approval of a future foot bridge between the baseball field and tennis courts is required.  
Support
Support
5. Emergency Access
Provisions for emergency access are required.
Support
Support
6. Disabled Parking
All existing and proposed disabled parking spaces must meet Land Development Code requirements. Accessible parking spaces must be striped with an 11' parking area and a 5' aisle on the right hand side or an 8 foot wide parking space and an 8 foot wide aisle on the right hand side (16 feet total) and signed with an R7-8 sign and an R7-101 $350 fine plate.   
Support
Support
7. Transitional Buffer Yard
a. Site Plan Review Board requests that a tree line be added along Nebraska Avenue in front of the baseball field, for the portion of the field that meets the 15 foot front yard setback b. A transitional buffer yard is required along the western boundary of the Special Use, for the area that in the absence of the alley would abut residentially zoned parcels.  
Support
Support
8. Fence
For the northwest corner of the site, where dugouts are placed at the property line, Site Plan Review Board requests that the same ornamental fence be placed along that portion of Nebraska Avenue and the west property line which abuts the parcel Zoned P-1 at 606 W Nebraska Avenue
Support
Support
9. Landscaping
Additional landscaping, an ornamental tree line, in front of the baseball field along Nebraska Avenue, between the proposed field and the property line
Support
Support
10. Lighting
Petitioner should work with Staff and make an effort to reduce the footcandles at the property line as much as possible, particularly for the western boundary of the Special Use and turn lighting around the athletic facilities off, once evening events are complete.  
Support
Support
11. Sidewalks
Any sidewalks along Nebraska Avenue and North Street which are currently in need of repair, should be repaired as part of this project.  Petitioner should work with Public Works on sidewalk repairs.  
Support
Support
 
 
STAFF COMMENTS:
1)      An Erosion, Sediment and Storm Water Control Permit is not required for work on State properties.  However, if any storm sewer connections are made to the City sewer, then the City expects site storm water management to minimize the added flow to the City system. The City always encourages during and post construction erosion control.
2)      Work within the public right of way requires one or more of the following permits; contractors must be licensed and bonded with the City of Peoria:
Sidewalk/Drive Approach Permit
Excavation Permit (for utility connections)
General ROW Use permit
Lane/Road/Sidewalk/Alley Closure
Storm Sewer Connection
3)      The City plans to close both Woodruff Boulevard and Gale Avenue east of Sheridan Road as part of the future Sheridan Road project. At that time, the City will extend the north/south alley between Sheridan Road and Ellis Street westward to Sheridan along the existing westbound lane of Woodruff Boulevard. The District may then need to make improvements in order to utilize the eastbound leg of Woodruff Boulevard ROW as a private drive to provide access to the ball fields and proposed parking.  
4)      Hanson Engineering is presently working on a study of two bridge replacements adjacent to this project. A joint effort between District 150 and the City of Peoria may need to take place regarding a Letter of Map Revision (LOMR) depending on the outcome of the floodway boundary delineation.  
 
ZONING COMMISSION ACTION:
The Zoning Commission found that the request met the Findings of Fact requirements and VOTED 5 TO 0 TO APPROVE.
 
PAST ACTIONS:
The following is a historical timeline of the subject property:
 
Peoria High School was built in 1908, prior to the adoption of the City Zoning Ordinance.  The existing school facilities are therefore grandfathered in and may not conform to current zoning regulations.  An intergovernmental agreement between School District 150 and the City of Peoria was entered into in February of 1991; making the School District exempt from the traditional zoning review process for projects that are part of the educational function of the school; replacing any required commission meeting with a  public meeting facilitated by District 150.  However, for the currently proposed athletic facility expansion, District 150 has elected to obtain a Special Use for the School and associated athletic facilities, in place of exercising the intergovernmental agreement.   
 
In 1985, a Special Exception, Ordinance 11,344, was granted for a Special Needs Nursery at 1705 N North Street. In 1987 a Special Exception, Ordinance 11,700, was granted for a church at 1716 N. North Street.  In 2007 a Special Use, Ordinance 16,230, was granted for a church at 1821 N North Street.
 
Date
Zoning
1931 to 1958
Primarily B (Two-Family Dwelling) District
1958 to 1963
Primarily B (Two-Family Dwelling) District
1963 to 1990
Primarily R-1 (Low Density Residential) District
1990 to the present
Primarily R-4 (Single-Family Residential) District
 
 
FINANCIAL IMPACT:  N/A
 
NEIGHBORHOOD CONCERNS (expressed at the Zoning Commission Meeting):  One resident spoke in opposition of the proposed Special Use and associated improvements due potential increased traffic.  
      
IMPACT IF APPROVED: New athletic facilities will be constructed at Peoria High School.  
 
IMPACT IF DENIED:  New athletic facilities will not be constructed at Peoria High School.  
 
ALTERNATIVES: None
 
EEO CERTIFICATION NUMBER: N/A
 
WHICH OF THE GOALS IDENTIFIED IN THE COUNCIL'S 2014 - 2029 STRATEGIC PLAN DOES THIS RECOMMENDATION ADVANCE?
 
1. Attractive Neighborhoods with Character: Safe and Livable      
 
WHICH CRITICAL SUCCESS FACTOR(S) FROM THE COMPREHENSIVE PLAN DOES THIS RECOMMENDATION IMPLEMENT?
 
1. Reinvest in neighborhoods.      
2. Improve District 150.            
 
DEPARTMENT: Community Development