ACTION REQUESTED:
Title
REVISED Communication from the City Manager and the Community Development Director with a Request to Concur with Either the Recommendation from the Planning & Zoning Commission to APPROVE or the Recommendation from Staff to DENY the Following: (DISTRICT 5)
A. A RESOLUTION Amending the OFFICIAL COMPREHENSIVE PLAN for the City Of Peoria to Change the Future Land Use Designations of Property Currently Designated Commercial and Office to High Density Residential;
B. An ORDINANCE Rezoning Property from a Class C-1 (General Commercial) District and a Class O-1 (Arterial Office) District to a Class R-7 (Multi-Family Residential) District;
C. A RESOLUTION Approving the FRYE CROSSING APARTMENTS, a Multifamily Residential Development for the Property Identified as Parcel Identification Nos. 13-11-304-002, with a Temporary Address of 5400 W LANDENS WAY, and Part of 13-11-304-004, with an Address of 7013 N. STALWORTH DRIVE, Peoria, Illinois.
Body
BACKGROUND:
Petitioner: Michael Cochran of Austin Engineering Company
Current use: Undeveloped
Proposed use: Five, three-story apartment buildings each containing 12 dwelling units.
Total 60 dwelling units.
Present zoning: Class C-1 (General Commercial) District and a Class O-1 (Arterial Office)
Proposed zoning: Class R-7 (Multi-Family Residential)
The property is
surrounded by: North: Class C-2 Large Scale Commercial
South: Class R-3 Single Family Residential
East: Class C-1 General Commercial and Class O-1 Arterial Office
West: Class R-3 Single Family Residential
Future land use
designation: Commercial and Office
Public facilities: The site will be served with public sewer and public water
Acreage: 3.87 acres
Density: 15.5 dwelling units/acre. Maximum R-7 district density is 20 dwelling units/acre.
Following the Planning & Zoning Commission meeting, the developer met with 5th District Councilman Johnson and the surrounding neighbors to address their concerns. The attached revised site plan includes the following changes:
1) Building Three, located in the southeast corner of the property, has been rotated 90 degrees so that the building entrances and balconies no longer face north and south, but now face east and west. This is intended to reduce noise and activity for the neighbors to the south.
2) The six-foot tall fence located along the south property line and a portion of the west property line has been increased from six feet to eight feet in height.
The original proposal for this property has evolved through Staff's site plan review and the continued discussions with the neighbors. In addition to the changes noted above, the developer relocated the garbage dumpsters and agreed to add more brick to the exterior design of the buildings and consider using sustainable stormwater control features.
KEY ISSUES:
The multi-family plan includes 5, 3-story buildings each containing 12 dwelling units. Each dwelling unit includes two bedrooms and approximately 1,120 sq. ft in size along with a balcony or walk-out patio. Two access drives are proposed from Landens Way which lead to 86 exterior parking spaces and 42 parking spaces located within two garage structures. The petitioner states that proposed buildings will be constructed with a combination of face brick and vinyl siding.
Design |
Proposed |
R7 District Requirement |
Compliant with Zoning Ordinance? |
Density |
15.5 dwelling units/acre |
Max 20 dwelling units/acre |
Yes |
Building Height |
41 feet |
Max 45 feet |
Yes |
Parking |
128 spaces |
120 spaces |
Yes |
Handicap parking |
5 spaces |
5 spaces |
Yes |
Required Yards |
Front yard - 25 ft Rear yard - 30 ft Side yard - 8.5 ft |
Front yard - 25 ft Rear yard - 30 ft Side yard - 6 ft |
Yes |
Landscaping |
Front yard, parking lot, and transitional buffer yard along portion of west property line and solid visual barrier along south property line. |
Front yard, parking lot, and transitional buffer yard along portion of west property line. Solid visual barrier along south property line. |
Yes |
Signs |
One, 5 ft tall, 20 sq. ft. in size |
Cannot exceed 5 ft in height and 20 sq ft in area |
Yes |
REQUESTED WAIVER(S): None
PLANNING & ZONING COMMISSION ACTION:
On April 10, 2014, the Planning & Zoning Commission voted to DEFER this request asking the developer to meet with the neighbors to discuss their concerns.
On May 1, 2014, the Planning & Zoning Commission found that the request met the Findings of Fact requirements and VOTED 4 TO 3 TO APPROVE including the following conditions.
1. Relocate the garbage enclosure to the southwest corner of the parking lot. This condition has been met with a revised site plan.
2. A lighting plan, with neighborhood scale lighting, must be submitted for review prior to issuance of a Zoning Certificate to ensure that exterior lighting does not exceed three foot candles when measured at the property line.
3. Provide a transitional buffer yard that also includes a six-foot tall berm or privacy fence. This condition has been met with a revised site plan.
4. All rooftop and ground level mechanical equipment must be screened from street view and residentially zoned districts.
5. A subdivision plat is required to create the 3.87-acre parcel shown on the development site plan.
6. Add substantially more brick to the north façade of the two northernmost buildings.
7. Add more brick to the side elevation of all buildings to a minimum of approximately the window sill of the second story.
8. Encourage the use of sustainable design features such as permeable pavers and French-style drainage systems.
STAFF RECOMMENDATION:
Staff recommends DENIAL of the request to amend the Future Land Use Map, rezone the subject property, and the Frye Crossing Apartments Multi-Family Plan for the following reasons:
1. The proposed rezoning is not consistent with Future Land Use map designation of Commercial and Office zoning.
2. Historically, Illinois courts have used eight factors enunciated in two court cases, LaSalle Bank of Chicago v. Count of Cook (1957) and Sinclair Pipeline v. Village of Richton Park (1960), when evaluating the validity of zoning changes. The so-called "LaSalle factors" are as follows:
a. The existing uses and zoning of nearby property;
Staff Comment: The existing uses and zoning of the nearby properties (adjacent without a right-of-way as buffer) do not lend themselves to the requested rezoning. The resulting jumble of zoning districts does not represent appropriate land use planning.
b. The extent to which property values are diminished by the particular zoning;
Staff Comment: If the property were developed with neighborhood scale, pedestrian friendly, commercial and office uses as intended, surrounding property values may increase.
c. The extent to which the destruction of property values of the complaining party benefits the health, safety, or general welfare of the public;
Staff Comment: Not applicable
d. The relative gain to the public as compared to the hardship imposed on the individual property owner;
Staff Comment: The relative gain to the public would be greater if the subject property was developed as a small scale commercial development per the existing C-1 District. The surrounding residential and hotel uses would benefit from access to retail versus additional residential units.
e. The suitability of the property for the zoned purpose;
Staff Comment: As currently zoned, the property is suitable for commercial/office development and is appropriate for the surrounding developments.
f. The length of time the property has been vacant as zoned, compared to development in the vicinity of the property;
Staff Comment: While this parcel is vacant, the surrounding area has developed rapidly over the past few years. Therefore, there is no need to rezone in order to develop.
g. The public need for the proposed use;
Staff Comment: There is no identified need for this proposed use in this area that cannot be met by the development of an existing undeveloped R-7 parcel located approximately 350 feet to the east of the subject property.
h. The thoroughness with which the municipality has planned and zoned its land use.
Staff Comment: This area of the City has been planned, zoned, and partially developed. Support for a request for a rezoning in such an area would need to present substantial evidence of need.
PAST ACTIONS:
The subject property was annexed to the City in 2005 as part of a larger 18-acre tract of land. Upon annexation, it was rezoned to C-1 (General Commercial) and O-1 (Arterial Office). Development within the original 18-acre tract of land has included TGI Fridays, Ethan Allen furniture store, two hotels, a medical office building, and a 22-unit residential condominium development.
FINANCIAL IMPACT: NA
NEIGHBORHOOD CONCERNS: Several neighbors spoke in opposition to the proposed rezoning and multi-family plan citing concerns for decreased property values, increased traffic, noise, and additional drainage problems. A petition containing 94 names was submitted. Neighbors also noted that the developer did not meet with them to discuss their concerns.
IMPACT IF APPROVED: The Comprehensive Plan would be amended and the subject property would be rezoned to R-7 Multi-Family residential. The Frye Crossing Multi-Family Plan would also be approved, which includes five, 12-unit apartment buildings with a total of 60 dwelling units.
IMPACT IF DENIED: The property will remained zoned Class C-1 (General Commercial) District and a Class O-1 (Arterial Office) and will not be developed with multi-family residential buildings.
ALTERNATIVES: NA
EEO CERTIFICATION NUMBER: NA
WHICH OF THE GOALS IDENTIFIED IN THE COUNCIL'S 2014 - 2029 STRATEGIC PLAN DOES THIS RECOMMENDATION ADVANCE?
1. Grow Peoria: Businesses, Jobs, and Population
WHICH CRITICAL SUCCESS FACTOR(S) FROM THE COMPREHENSIVE PLAN DOES THIS RECOMMENDATION IMPLEMENT?
1. Reinvest in neighborhoods.
DEPARTMENT: Community Development