File #: 14-117    Version: 1 Name: Kellar East Elderly Housing Special Use
Type: Ordinance Status: Adopted
File created: 3/11/2014 In control: City Council
On agenda: 3/25/2014 Final action: 3/25/2014
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 Amending an Existing SPECIAL USE for ELDERLY HOUSING in a Class R-3 (Single-Family Residential) District and a Class R-1 (Single-Family Residential) District from the Property Located at 6414 N MOUNT HAWLEY ROAD, Peoria, IL. Case No. ZC 14-03B (Council District 3).
Indexes: Goal 2 - Safe Peoria, Grow employers and jobs., Reinvest in neighborhoods
Code sections: Appendix B - Zoning Ordinance
Attachments: 1. ORD NO 17,081.pdf, 2. ZC 14-03B - Special Use Ordinance 6414 N Mount Hawley Road, 3. Kellar East Site Plan - Attachment A, 4. Kellar East Rendering - Attachment B, 5. Kellar East 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 Amending an Existing SPECIAL USE for ELDERLY HOUSING in a Class R-3 (Single-Family Residential) District and a Class R-1 (Single-Family Residential) District from the Property Located at 6414 N MOUNT HAWLEY ROAD, Peoria, IL. Case No. ZC 14-03B (Council District 3).
 
Body
BACKGROUND:  
Petitioner:        Joe Gilfillan of Cusack, Gilfillan, and O'Day, LLC for Bob Fredericks of Squire Development Co.
 
Current use:        The property currently contains a vacant school building.  
 
Proposed use:        The petitioner is requesting to amend the existing Special Exemption with a Special Use for Elderly Housing.  The proposal is for the existing building to be reused and is proposing a portico addition on the front of the building.  The petitioner is proposing to have up to 30 residential units and 10 employees.  The units will be primarily single-bedroom units. The site will be staffed 24 hours a day and will have up to 6 employees at one time, with an additional 4 employees on rotation.
 
Present zoning:        R-3 (Single-Family Residential) and R-1 (Single-Family Residential) District.
 
Proposed zoning:       No change
 
The property is
surrounded by:      The subject parcel is surrounded by R-1 (Single-Family Residence) District to the south, R-2 (Single Family Residential) District to the west and north, and R-1 (Single-Family Residential) and R-3 (Single-Family Residential) District to the east.  
 
Future land use
designation:        Public/Semi-public and Low Density Residential.
 
 
Acreage:      5.67 acres
 
Density:        Proposed use meets the density requirements of the R-3 (Single-Family Residential) District.  
 
KEY ISSUES:
1)      Building Setback
The existing building meets the required 25 foot setback in the R-3 (Single-Family Residential) District.  A portico addition is proposed on the front of the building.  The portico addition is proposed to be setback 39 feet from the front property line; which meets Zoning Ordinance requirements.  
 
2)      Building Height
The height of the existing building is 18 feet, which does not exceed the allowable height in the R-3 (Single-Family Residential) District.    
 
3)      Building Materials
Materials for the construction of the portico addition should match the existing building materials, as noted on the revised site plan.   
 
4)      Front Yard Fence
The portion of the existing chain link fence in the front yard, along the front property boundary between the north property line and the southerly approach and the portion of the fence running along the south side of the building is proposed by the petitioner to be removed.  The portion of the front yard fence which lies between the southernmost approach and extending south onto PIN 14-16-177-001, is proposed by the petitioner to remain.  Per Appendix B, Article 3.2.f.(2).(f), chain link and wire fences are prohibited from the front yard.  Staff is therefore requesting that all portions of existing chain link fence in the front yard either be removed or replaced with wrought iron or other similar material.  
 
 
5)      Parking & Access
Required parking is based on the number of residents and employees, with 1 space required for every 3 residents plus one space per employee.  The proposed development includes 30 residents and 10 employees and therefore, 20 parking spaces are required.  The submitted site plan contains 24 total parking spaces; 23 regular spaces and 1 disabled parking space, which meet Zoning Ordinance requirements.    
 
Existing parking is placed within the required front yard area and therefore a waiver is requested to allow parking to remain in the front yard.   
 
Plans regarding access and fire hydrants must be submitted to the Fire Department for review and approval.  There is a possible requirement of fire hydrants to be located on the property to meet requirements of 100 feet within FDC.  An access road may be required around the building per code requirement.  
 
6)      Landscaping, Lighting, and Screening
Landscaping
Front yard, parking lot, and transitional buffer yard landscaping was shown on a revised site plan (Attachment A).  
 
Front Yard Landscaping:
The property has 657 lineal feet and therefore 328.5 front yard landscape points are required and 253 landscaping points are existing. Most of the existing landscaping does not fall within the 25 foot front yard area and alternative compliance is requested allow all landscaping placed in front of the building to be counted in the front yard landscaping calculations.  Staff supports the alternative compliance request to allow all landscaping placed in front of the building to count toward the calculation of required front yard landscape points.  The revised site plan includes additional landscaping placed within the required front yard area which meets Zoning Ordinance requirements.    
 
Parking Lot Landscaping:
The revised site plan shows 24 proposed parking spaces and therefore 24 parking lot landscape points are required.  Submitted site plan meets Zoning Ordinance requirements for parking lot landscaping.  
 
Transitional Buffer Yard:
A transitional buffer yard and screening of the parking area abutting residential is required.  Due to naturally occurring vegetation along a portion of the north property line, per Appendix B, Article 16.5., alternative compliance can be applied to this boundary, at the point where the naturally occurring vegetation exists.  The portion of the north property line which runs adjacent to a residential structure to the north does not have a naturally occurring vegetative barrier and therefore a transitional buffer yard is required.  Per the submitted site plan, the petitioner has requested a tapered transitional buffer to avoid conflict with the drive aisle and approach.  Staff supports a waiver to allow a tapered transitional buffer yard on the north property boundary, to accommodate the drive aisle and approach.  
 
In addition, a transitional buffer yard should be installed as required, on the east and south boundary of PIN 14-16-177-001.  There are existing trees along both the east and south boundary; however, not enough to create a substantial visual barrier.  The petitioner has included additional landscaping on the revised site plan to meet Zoning Ordinance requirements.    
 
Lighting
A photometric lighting plan was not provided as required for Special Use applications.  Lighting shall not exceed 3 footcandles, as measured at the property line.   
 
Screening
All dumpsters, mechanical equipment, and utilities must be fully screened per Zoning Ordinance requirements.  
 
7)      Signage
A monument sign is proposed.  Proposed monument sign may not exceed 5 feet in height and 20 square feet in area and must meet setback requirements. Proposed sign meets Zoning Ordinance requirements.  A separate application is required for the sign.   
 
8)      Compatibility
The proposed use of elderly housing is compatible with the surrounding neighborhood.    
 
REQUESTED WAIVERS (Resulting from Existing Conditions):
 
Code Requirement
Requested Waiver
Zoning Commission Recommendation
Staff Recommendation
1. Appendix B, Article 7.6 & Article 18: a 25 foot front yard (open space) is required.  
Waiver from Required Front Yard Setback: A 25 foot front yard designated as open space is required.  A waiver is requested to all the existing front yard to remain, which varies from 0 to 25 feet.  
Approve
Approve
2. Appendix B, Article 15.2.a.: off-street parking spaces may not be located in a required front yard.  
Waiver from Parking Location Requirement: Parking must meet a 25 foot front yard setback, as it cannot be located within the required front yard.  A waiver is requested to allow existing parking to remain within the required 25 foot front yard area.  
Approve
Approve
3. Appendix B, Article 16.4.c.(1): a 25 foot Transitional Buffer Yard is required along the entire length of the north property line; however, Appendix B, Article 16.5., allows for existing vegetation to satisfy this requirement, where applicable.  
Waiver from Required Transitional Buffer Yard Depth: For the portion of the north property boundary, in which a naturally occurring vegetative buffer does not exist, a 25 foot deep transitional buffer yard is required.  A waiver is requested to allow the required transitional buffer yard to taper to accommodate the drive aisle and approach.  
Approve
Approve
 
 
REQUESTED CONDITIONS:
Condition
Detail
Zoning Commission Recommendation
Staff Recommendation
Proposed Portico Addition
A revised site plan, subject to Site Plan Review Board approval, is required.  Site plan must show that there is adequate space in front of the proposed portico for parking spaces to be independently maneuverable.   Materials for the portico addition should match the existing building.  
Support
Support
Mechanical Equipment and Utility Screening
All rooftop and ground level mechanical equipment must be fully screened per Zoning Ordinance requirements.
Support
Support
Refuse Area Screening
All proposed refuse disposal areas must be screened on all four sides by a solid fence or wall with a minimum height of six feet, not to exceed seven feet.  
Support
Support
Lighting
Exterior lighting shall not exceed three foot candles when measured at the property line.
Support
Support
Accessible Route
An accessible path must be provided between the public right-of-way and the building.  A revised site plan should be submitted for review and approval showing an accessible path between the right-of-way and the building, which meets ADA requirements.
Support
Support
Regular Parking Spaces
Parking number and dimensions must meet Zoning Ordinance requirements.
Support
Support
Disabled Parking Spaces
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.  Accessible parking spaces must be located on the shortest accessible route of travel to an accessible facility entrance.
Support
Support
Sign
Proposed monument sign may not exceed 5 feet in height and 20 square feet in area and must meet setback requirements.
Support
Support
Fire Department Access
Plans regarding access and fire hydrants must be submitted to the Fire Department for review and approval.
Support
Support
Front Yard Fence
All portions of existing chain link fence in the front yard must be removed or replaced with wrought iron or other similar material.  
Support
Support
 
ZONING COMMISSION ACTION:
The Zoning Commission found that the request met the Findings of Fact requirements and VOTED 4 TO 0 TO APPROVE.
 
PAST ACTIONS:
The following is a historical timeline of the subject property:
Date
Zoning
1963 - 1990
R-1 (Low Density Residential) District
1990 to Present
R-3 and R-1 (Single-Family Residential) District
 
 
 
 
A Special Exemption was granted in 1979 for school facilities on lots 97 and 98.
 
FINANCIAL IMPACT:  N/A
 
NEIGHBORHOOD CONCERNS (at the Zoning Commission meeting):  Three neighboring residents spoke regarding the project; one spoke on behalf of the High Point Neighborhood Association in favor of the proposed use, one requested more information on the proposed use, and another spoke in opposition of the proposed use stating concerns of increased traffic in the neighborhood and at the intersection of Mount Hawley Road and Knoxville Avenue.  
      
IMPACT IF APPROVED:  The Special Exception will be amended to grant a Special Use for elderly housing.  
 
IMPACT IF DENIED:  The Special Exception will not be amended to grant a Special Use.  
 
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.      
2. Reinvest in neighborhoods.      
 
DEPARTMENT: Community Development