ACTION REQUESTED:
Title
Communication from the City Manager and Community Development Director with a Request to CONCUR with the Recommendation from the Planning & Zoning Commission and Staff to DENY an ORDINANCE Amending APPENDIX C, the Land Development Code, of the CODE of the City of Peoria by Changing the Zoning of Certain Property from the Present Class C-N (Neighborhood Commercial) District to a Class C-G (General Commercial) District for the Property Located at 320-328 N. WESTERN AVENUE (Parcel Identification Nos. 18-08-151-014 and 18-08-151-015), Peoria, Illinois. Case No. PZ 15-3 (Council District 2).
Body
BACKGROUND:
Petitioner: Michael Teague of Western Avenue Cleaners
Current Use: The property currently contains a commercial building and parking lot, and is occupied by Western Avenue Cleaners.
Present zoning: C-N (Neighborhood Commercial) District
Proposed zoning: C-G (General Commercial) District.
The property is surrounded by: C-N (Neighborhood Commercial) District to the north and south, R-4 (Single-Family Residential) District to the east, and West Peoria to the west.
Future land use designation: The future land use designation is Mixed-Use.
Acreage: Approximately .18 acres.
History:
Date |
Zoning |
1931 to 1958 |
E (Commercial) District |
1958 to 1963 |
E (Commercial) District |
1963 to 1990 |
C-3 (General Commercial) for 320 N Western Avenue & C-2 (Neighborhood Commercial) for 328 N Western Avenue |
1990 to the present |
C-N (Neighborhood Commercial) District |
STAFF COMMENTS:
Staff recommends DENIAL of the request to rezone the subject property to Class C-G (General Commercial) District. This property is surrounded by single-family residential and neighborhood commercial zoning. Rezoning the subject property will result in "spot zoning".
Suggested factors to weigh when considering the appropriateness of a rezoning case are those that resulted from LaSalle National Bank of Chicago V. Cook County:
1. Existing uses of and zoning of nearby property: The subject parcel is immediately surrounded by C-N (Neighborhood Commercial) District and R-4 (Single-Family Residential) District. Rezoning the subject property to C-G (General Commercial) District could stimulate redevelopment pressure to the remaining single family homes in the area and the existing neighborhood-commercial uses.
2. Extent to which property values are diminished by the particular zoning: The residential character of the homes to the east of the subject parcel would be threatened if the property were rezoned to C-G (General Commercial) District. The proposed zoning would allow for uses that are not appropriate for the existing residential neighborhood and established neighborhood-commercial character. The subject parcel aligns with the intent of the C-N (Neighborhood Commercial) District, which is the current zoning of the subject parcel. The C-N District is intended for commercial and office uses that primarily serve the immediate surrounding neighborhood. Typical uses occupy no more than 15,000 square feet of gross floor area. The district is not intended for use by major or large-scale commercial, sales, service or automotive-oriented activities. Uses in this district are intended to be located immediately abutting residential neighborhoods and should be within convenient walking distance from the neighborhoods they are designated to serve.
3. Extent to which the destruction of property values of the complaining party benefits the health, safety, or general welfare of the public: The petitioner has not demonstrated a public benefit for rezoning property in a manner that is inconsistent with the City's Comprehensive Plan.
4. Relative gain to the public as compared to the hardship imposed on the individual property owner: The rezoning would allow for uses that would diminish the existing residential and the neighborhood-commercial character of the neighborhood.
5. Suitability of the property for the zoned purpose: As above, the property is not suitable for a C-G (General-Commercial) zoning, as it better aligns with the intent of the C-N (Neighborhood Commercial) District, with commercial uses that are intended to serve the immediately abutting residential areas.
6. Length of time the property has been vacant as zoned, compared to the development in the vicinity of the property: The property is not currently vacant.
7. Public need for the proposed use: The City's comprehensive plan, as stated above, is for mixed-use, which is allowed with the existing C-N (Neighborhood Commercial) District. The proposed request does not align with the Comprehensive Plan future land use designation. As explained above, the current zoning provides a greater public benefit at this location than the proposed zoning.
ZONING COMMISSION ACTION:
The Zoning Commission found that the request did not meet the Findings of Fact requirements and VOTED 6 TO 0 TO DENY.
FINANCIAL IMPACT: N/A
NEIGHBORHOOD CONCERNS: Four nearby residents expressed opposition to the request due to concerns of increased traffic, conflict with the Western Avenue Greenway Project and the efforts of the residents as part of that project, and the additional uses that would be allowed if the property was rezoned to General Commercial.
IMPACT IF APPROVED: The property would be rezoned to C-G (General Commercial) District.
IMPACT IF DENIED: The property would not be rezoned to C-G (General Commercial) District and would remain as C-N (Neighborhood Commercial) District.
ALTERNATIVES: N/A
EEO CERTIFICATION NUMBER: N/A
WHICH OF THE GOALS IDENTIFIED IN THE COUNCIL'S 2014 - 2029 STRATEGIC PLAN DOES THIS RECOMMENDATION ADVANCE?
1. Not applicable.
WHICH CRITICAL SUCCESS FACTOR(S) FROM THE COMPREHENSIVE PLAN DOES THIS RECOMMENDATION IMPLEMENT?
1. Not applicable.
DEPARTMENT: Community Development