File #: 15-174    Version: 1 Name:
Type: Ordinance Status: Adopted
File created: 5/8/2015 In control: City Council
On agenda: 5/26/2015 Final action: 5/26/2015
Title: Communication from the City Manager and Community Development Director with a Request to Concur with the Recommendation from the Planning and Zoning Commission to ADOPT an ORDINANCE, Approving a SPECIAL USE for ELDERLY HOUSING, with Waivers, in a Class C-1 (General Commercial) District, for the Property Located at 5712-5720 NORTH KNOXVILLE AVENUE (Parcel Identification Numbers 14-16-451-014 &-14-16-451-016), Peoria, Illinois. (Council District 3)
Indexes: Goal 2 - Safe Peoria, Grow employers and jobs.
Attachments: 1. ORD NO 17,226 (15-174), 2. Attachment A to Memo - Ordinance, 3. Attachment A to Ordinance - Site Plan and Elevations, 4. Attachment B to Memo - Surrounding Zoning Map, 5. Attachment C to Memo - PZ Commission Minutes
ACTION REQUESTED:  
Title
Communication from the City Manager and Community Development Director with a Request to Concur with the Recommendation from the Planning and Zoning Commission to ADOPT an ORDINANCE, Approving a SPECIAL USE for ELDERLY HOUSING, with Waivers, in a Class C-1 (General Commercial) District, for the Property Located at 5712-5720 NORTH KNOXVILLE AVENUE (Parcel Identification Numbers 14-16-451-014 &-14-16-451-016), Peoria, Illinois. (Council District 3)
 
Body
BACKGROUND:  
Petitioner:        Chuck Hollis of Criterion Development, LLC
 
Current use:        Vacant commercial building and parking lot
 
Proposed use:        Elderly Housing   
 
Present zoning:        C-1 (General Commercial) District.
 
Proposed zoning:       No change.  Please note that when this case went to the Planning and Zoning Commission in March, the case also included a request to rezone to R-1 (Single-Family Residential) District; however, since that time the Zoning Ordinance was amended to allow elderly housing as a Special Use in the C-1 (General Commercial) District and the applicant has therefore withdrawn the request to rezone, as the use is now permitted as a Special Use in the current zoning district.  
 
The property is
surrounded by:      Surrounded by C-2 (Large Scale Commercial) District to the north, C-1 (General Commercial) District to the east, R-1 (Single-Family Residential) to the south, and R-2 (Single-Family Residential) District to the west.
 
Future land use
designation:        Commercial
 
Acreage:      Approximately 2.15 Acres
 
KEY ISSUES:
The petitioner is requesting to obtain a Special Use for elderly housing and construct a new elderly housing development, as described below:
 
1.      Buildings & Yards
The proposed 4 story building is approximately 66,080 square feet (16,510 square feet per floor) and is 73 feet in height. The building will have 90 units and 25 employees' onsite. The proposed building will be wood frame with stone on the lower portion of the facade, and vinyl siding above.
 
In the C-1 (General Commercial) District, the Zoning Ordinance requires a minimum front yard setback of 20 feet.  A 15 foot front yard setback is proposed and therefore a waiver is requested.  
 
In the C-1 (General Commercial) District the maximum allowed height is 35 feet and the proposed building height is 73 feet.  Therefore a waiver is requested to allow the building to be 73 feet in height, at the tallest point.  
 
Per Appendix B, Article 3.1.f.(11)., when a building or other structure along a primary thoroughfare is placed closer than one hundred (100) feet from the centerline or twenty-five (25) feet from the right-of-way, whichever may be greater, a setback encroachment agreement is required. A waiver from this requirement has been granted by the City Council for this project.  
 
2.      Parking & Access
For the use of elderly housing, 1 parking space is required for every 3 residents, plus one parking space per employee. In this instance, 90 residents are proposed and 25 employees. Therefore 30 resident parking spaces and 25 employee parking spaces are required, for a total of 55 spaces. 66 parking spaces, which include 3 disabled parking spaces, are proposed and therefore the parking requirement is met.
 
An accessible path from the building to the bike trail is required and is reflected on the site plan. The private roadway/access drive under the trail bridge crosses a permanent easement granted to the Peoria Park District. Therefore, we request review and approval of the proposed design by the Peoria Park District. Documentation of such is required.
 
As part of the proposed intersection, a pedestrian crossing (pedestrian signals & push buttons, ADA ramps, pavement markings) across Knoxville Avenue (on the north leg of the intersection) is required. The traffic study must be updated to include this addition. The clearance height under the bridge, as part of the proposed new entrance, was requested but not provided. This information must be submitted to ensure that adequate clearance is provided.
 
3.      Landscaping, Lighting, and Screening
a.      Landscaping: Front Yard and Parking Lot Landscaping: For front yard landscaping along Knoxville Avenue, 219 points are required and 231 landscape points are proposed. For parking lot landscaping, 66 parking lot landscape points are required and 90 are proposed. Transitional Buffer Yard and Screening of Activity Area: A transitional buffer yard is required along the south property line, equal to 10% of the lot depth, up to a maximum of 25 feet. Since the lot depth narrows moving to the east, the required depth of the transitional buffer yard is less toward the back of the lot. A total of 344 landscape points are required and 354 landscape points are proposed.
 
A fenced garden sitting area is proposed and encroaches into the required transitional buffer yard area. A wavier is therefore requested to allow the fenced area within the transitional buffer yard, as a result reducing the transitional buffer yard depth in this area to approximately 17 feet.
 
In addition, the activity area (parking lot) is also required to be screened from single family residential districts. The transitional buffer yard can be used to satisfy this requirement; however, additional landscaping would need to be added to the TBY to meet this requirement, as it must be capable of achieving a substantially solid visual barrier within two (2) years from the date of the issuance of a Certificate of Occupancy by the City of Peoria. Another option be to add a 6 foot tall fence, adjacent to the transitional buffer yard, to screen the parking lot area. A revised landscape plan, showing how the activity area will be screened, is required before any permits are issued.
 
There is significant landscaping existing along the south property boundary, in which a significant buffer is already achieved. Site Plan Review Board requests that this landscaped area be retained as part of the approval.
 
 
 
b.      Lighting: A photometric lighting plan of the parking area shall be required prior to issuance of a Zoning Certificate, to ensure that it does not exceed three foot candles when measured at the property line.
c.      Screening: All rooftop and groundlevel mechanical equipment, utilities and refuse areas must be screened per Zoning Ordinance requirements. A revised site plan showing all proposed mechanical equipment, utilities, and refuse areas, showing proposed screening material and height must be submitted before any permits are issued.
 
 
4.      Signage
A freestanding sign is shown on the site plan; however, no sign details were provide. The proposed sign must meet Zoning Ordinance in the C-1 District, in that the sign cannot exceed 70 square feet in area and 25 feet in height. The proposed requires a separate application.  
 
 
STAFF COMMENTS:
1.      For any project disturbing more than 5000 square feet and increasing impervious area by less than 0.5 acres (and even if project decreases impervious area), storm water detention is required using the City's simplified rational method. TR-55 (or other acceptable method) is required for any project that increases impervious area by more than 0.5 acre, cumulative over the last 5 years.
2.      The following permits are required; contractors must be licensed and bonded with the City of Peoria:
a.      Sidewalk/Drive Approach Permit
b.      Parking Lot Permit
c.      Excavation Permit (for utility connections w/in City ROW)
d.      Erosion, Sediment and Storm Water Control Permit
3.      An NPDES construction permit from the Illinois EPA is required for this project.
 
REQUESTED WAIVERS
 
Code Requirement
Requested Waiver
Planning & Zoning Commission  Recommendation
Staff Recommendation
1. Appendix B, Article 9.6.d.6.: The required front yard setback in the C-1 District is 20 feet.    
1. Waiver from required front yard setback for the building: A waiver is requested to allow the proposed elderly housing building to be setback 15 feet from the front property line along Knoxville Avenue.
Approve (Please note that the Commission was considering this waiver relative to an R-1 Zoning District, as opposed to C-1 but the setback waiver was still supported at 15 feet)
Approve
2. Appendix B, Article 9.6.d.5.: The maximum allowed building height in the C-1 District is 35 feet.      
2. Waiver from the maximum allowed building height: A waiver is requested to allow the building to be 73 feet in height.  
Approve
Approve
3. Appendix B, Article 16.4.c.: The required depth of a TBY is 10% of the lot width.  
3. Waiver from the required TBY depth: A waiver is requested to allow a fenced garden/sitting area to encroach into the required TBY, reducing the depth in that area to approximately 17 feet deep.
Approve
Approve
 
REQUESTED CONDITIONS
 
Condition
Detail
Planning & Zoning Commission Recommendation
Staff Recommendation
1. Water Main & Hydrant Locations
1. Water supply and fire hydrant/FDC plans must be submitted to the Fire Department for review and approval prior to the issuance of any permits.
Support
Support
2. Proposed Intersection Improvements
2. The proposed intersection / entrance on Knoxville will require review, approval and permitting from IL Department of Transportation.
Support
Support
3. Proposed Intersection Improvements
3. Provide a pedestrian crossing (pedestrian signals & push buttons, ADA ramps, pavement markings) across Knoxville Avenue (on the north leg of the intersection).  Update the traffic study to include this addition.
Support
Support
4. Park District Review
4. The private roadway/access drive under the trail bridge crosses a permanent easement granted to the Peoria Park District. Therefore, the proposed design must be reviewed and approved by the Peoria Park District.  Written documentation showing this requirement is met must be provided to the City.   5.
Support
Support
5. Parking
5. Regular parking spaces must be striped a minimum of 8.5 feet in width by 18.5 feet in length.  
Support
Support
6. Disabled Parking
6. Disabled parking spaces must be striped with an 11' parking area and a 5' aisle on the right hand side, or alternatively, with an 8' parking area and 8' aisle. Accessible spaces shall be signed with an R7-8 sign and an R7-101 $350 fine plate.
Support
Support
7. Balconies
7. A revised site plan must be submitted before any permits are issued, showing proposed balconies, to ensure that they do not encroach any further into the setback, than currently shown.
Support
Support
8. Setback Encroachment Agreement
8. A setback encroachment agreement or a waiver from this requirement, granted by the City Council, is required and must be provided/obtained before any permits are issued.  
Support
Support
9. New Entrance
9. The clearance height under the bridge, as part of the proposed new entrance, must be submitted for review and approval, to ensure that adequate clearance is provided.
Support
Support
10. Screening
10. All rooftop and ground level mechanical equipment, utilities and refuse areas must be screened per Zoning Ordinance requirements.  A revised site plan showing the location and proposed screening material for all rooftop and ground level mechanical equipment, utilities and refuse areas must be submitted for review and approval prior to the issuance of any permits.  
Support
Support
11. Landscaping
11. Landscaping must meet Zoning Ordinance requirements and a final landscape plan which notes proposed species must be submitted for review and approval prior to the issuance of permits.  Required screening of the activity area (parking lot) must be shown on the revised landscape plan.  
Support
Support
12. Landscaping
12. There is significant landscaping existing along the south property boundary, in which a significant buffer is already achieved.  Site Plan Review Board requests that this landscaped area be retained as part of the approval.  
Support
Support
13. Lighting
13. Lighting may not exceed 3 footcandles as measured at the property line and a photometric lighting plan must be submitted prior to the issuance of a building permit.  
Support
Support
14. Signs   
14. Proposed signs require a separate application/approval and must meet Zoning Ordinance requirements.  
Support
Support
15. Accessible Path
15. An accessible path from the building to the bike trail is required.
Support
Support
16. Building Design
16. The building described and attached to the approved Ordinance will be the specific building built. Any change to the proposed building would require an amendment to the Special Use.
Support
Support
 
ZONING COMMISSION ACTION:
The Zoning Commission found that the request met the Findings of Fact requirements and VOTED 6 to 0 to APPROVE.
 
PAST ACTIONS:
 
Date
Zoning
1963 to 1990
C-2 (Neighborhood Commercial), C-3 (General Commercial), and P-1 (Off-street Parking) District *In 1988, the northern portion of the site was rezoned to C-3 to align with the southern portion.
1990 to Present
C-1 (General Commercial) District
 
v      A special use was granted in 2007 for an outdoor beer garden.  The special use for the beer garden has been abandoned and therefore a new special use is being requested.  
 
FINANCIAL IMPACT:  N/A
 
NEIGHBORHOOD CONCERNS:  Roger Sparks asked if consideration was given to additional bus stops in this area along Knoxville Avenue and discussed concerns about access to cross Knoxville.
      
IMPACT IF APPROVED: A Special Use will be granted for elderly housing.  
 
IMPACT IF DENIED:  A Special Use will not be granted for elderly housing.  
 
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. Grow Peoria: Businesses, Jobs, and Population      
 
WHICH CRITICAL SUCCESS FACTOR(S) FROM THE COMPREHENSIVE PLAN DOES THIS RECOMMENDATION IMPLEMENT?
 
1. Grow employers and jobs.      
 
DEPARTMENT: Community Development