ACTION REQUESTED:
Title
Communication from the City Manager and the Community Development Director with a Request to Concur with the Recommendation from Staff, with No Recommendation from the Zoning Commission Due to a Tie Vote, to Adopt an ORDINANCE Amending an Existing SPECIAL EXCEPTION ORDINANCE No. 12,043 with a SPECIAL USE in a Class R-2 (Single-Family Residential) District for a Fair Grounds to Add Various Events and a Previously Constructed Parking Lot Expansion for the Property Identified as Parcel Identification No. 14-17-100-001 and Located at 1601 W. NORTHMOOR RD, PEORIA, IL. (Council District 4) Case No. 13-27B (REVISED COMMUNICATION)
Body
BACKGROUND:
Petitioner: Rob Murphy of Expositions Gardens Corp.
Current use: Heart of Illinois (HOI) Fair and year-round indoor/outdoor activities and events
Proposed use: 1) The HOI Fair, and 2) Non-HOI fair events and activities conducted within the following manner:
a) Motorized events or activities with amplified sound must be conducted within buildings only.
b) Non-motorized and non-amplified activities conducted outside of buildings must be located within the interior area bound by the existing roadway system of the property.
Revised Proposed
Use: 1) The HOI Fair as conducted in past years.
2) Two (2) ¼ scale Tractor events per year (each event is one weekend).
3) One (1) Outdoor Concert per year (must end no later than 10:00 PM).
4) No additional internal combustion motors or amplified events outside of enclosed buildings.
5) All non-internal combustion motors or amplified events must take place within the boundary of the interior road system, with the exception of:
a) A running event.
b) Parking in the area adjacent to Northmoor Road.
c) Use of the existing camp grounds for camping purposes.
6) Outdoor events are limited to typical fairgrounds related activities and are limited to between 9:00 AM and 9:00 PM.
7) No truck or car sales events are permitted at any time
8) A berm must be constructed along the west property line adjacent to the camp grounds.
Present zoning: R-2 Single Family Residential
Proposed zoning: No change
The property is
surrounded by: North: Class R-2 Single Family Residential
South: Class R-3 Single Family Residential
East: Class R-2 Single Family Residential
West: Class R-3 Single Family Residential
Future land use
designation: Residential
Public facilities: The site is served with public sewer and public water
Acreage: 78 acres
Density: N/A
Following the public hearing meeting with the Zoning Commission, Council Members Montelongo and Johnson hosted two neighborhood meetings to discuss issues related to the activities and events conducted at Expo Gardens. Neighbors expressed concern for excessive noise from the outdoor motorized and amplified events and the disruption to their quality of life. As a result of Council Member Montelongo's efforts to reach a compromise, a recommendation with limits on the number of motorized events, the time of day such events must cease, and advanced notice of the scheduled activities to the neighborhood is being forwarded to Council for approval.
KEY ISSUES:
1) Activities and events not associated with the HOI fair: Over time, Expo has expanded the use of their property beyond the HOI fair. Activities and events are now held year round in and outside of existing buildings. Some events are motorized and with amplified sound systems. Staff has received complaints throughout the years from neighbors regarding excessive noise, fumes, disturbances, and erosion. Staff has attempted to work the Expo to limit nuisance activities and maintain co-existence with the residential neighborhoods. Unfortunately, some events have increased in intensity, loudness, and frequency.
In 2012, an expansion to a parking lot, located on Expo property but serving the Northmoor school, was completed to provide parking for school buses. This parking lot expansion was a change the Expo site plan without prior approval from the City.
2) Current Activities: A summary of events and activities including their location and frequency has been prepared by Expo and is attached to this memo as Exhibit A. Expo's application to the Zoning Commission requested approval of these events and activities occurring throughout the year. Staff does not agree that these activities have been legally established.
3) Staff Recommendation: Staff recommends adopting the attached ordinance which approves: 1) the HOI Fair, and 2) Non-HOI fair events and activities with limitations on the number of events, location, and hours of operation.
REQUESTED WAIVER:
1) Allow for temporary parking on an unpaved surface.
2) Eliminate the Special Use application fee of $7,500.
ZONING COMMISSION ACTION:
The Zoning Commission found that the Special Use as requested by Expo met the Findings of Fact requirements and VOTED 2 TO 2 TO APPROVE. This motion failed due to a tie vote.
FINANCIAL IMPACT: N/A
NEIGHBORHOOD CONCERNS: Several written objections were received from neighbors expressing concern for excessive noise, vibrations, and fumes due to the outdoor motorized events. They also noted concerns for traffic, crime, and reduce property values and the inability to use and enjoy their homes and back yards due to the nuisance activities held year round. Most agreed that activities associated with the HOI fair were acceptable but opposed the additional events that have increased in intensity and frequency.
IMPACT IF APPROVED: The Special Exception would be amended to allow for: 1) the HOI fair, and 2) non-HOI fair events and activities conducted within the following parameters:
1) The HOI Fair as conducted in past years.
2) Two (2) ¼ scale Tractor events per year (each event is one weekend).
3) One (1) Outdoor Concert per year (must end no later than 10:00 PM).
4) No additional internal combustion motors or amplified events outside of enclosed buildings.
5) All non-internal combustion motors or amplified events must take place within the boundary of the interior road system, with the exception of:
a) A running event.
b) Parking in the area adjacent to Northmoor Road.
c) Use of the existing camp grounds for camping purposes.
6) Outdoor events are limited to typical fairgrounds related activities and are limited to between 9:00 AM and 9:00 PM.
7) No truck or car sales events are permitted at any time.
8) A berm must be constructed along the west property line adjacent to the camp grounds.
IMPACT IF DENIED: The Special Exception would remain unchanged, which allows for the Heart of Illinois Fair only.
HISTORY
The subject property has been zoned single family residential since it was annexed to the City in 1986. In 1989, a Special Exception for a fair grounds was granted by City Council. In 2000 and 2009, a Special Use was granted for a wireless communication facility. Special Uses must be established within two years of approval. Neither communication facility has been constructed therefore the special use approvals are now null and void.
In October 2012, Expo submitted an application to amend the Special Exception to add events and the parking lot expansion. A motion at the Zoning Commission meeting to approve the request with a condition limiting operation outside of the Heart of Illinois Fair to the hours of 8 am to 6 pm failed with a tie vote. This case was not brought before City Council due to on-going discussions between Expo and the City of Peoria.
In August 2013, Expo filed to amend their Special Exception but withdrew the application after hiring legal representation who requested addition time for review. Staff agreed with the stipulation that a new application was filed for the December Zoning Commission meeting.
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. Reinvest in neighborhoods.
DEPARTMENT: Community Development