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 AMENDING an Existing SPECIAL USE, Ordinance Number 13,633, as Amended, for a Shopping Center in a Class C-2 (Large Scale Commercial) District to add a NEW RETAIL BUILDING and a FUEL CENTER, for the Property Commonly Known as EVERGREEN SQUARE SHOPPING CENTER and Located at 801 W. LAKE AVENUE (Parcel Identification Numbers 14-20-476-006, -016, -017, -018, -019, -020, -023, -024, -025, & 14-20-428-009), Peoria, IL (Council District 3).
Body
BACKGROUND:
Petitioner: Robert Hall of Miller, Hall & Triggs, LLC for Kroger Limited Partnership I
Current use: Shopping Center
Proposed use: Shopping Center with modifications to the site; including demolition of the building that housed Kmart/Marshall’s and the development of a new Kroger building with a fuel center.
Present zoning: C-2 (Large-scale Commercial) District.
Proposed zoning: No change.
The property is
surrounded by: C-2 (Large-scale Commercial) District, R-7 (Multi-family Residential) District, and C-1 (General Commercial) District to the north, O-1 (Arterial Office) District, R-2 (Single-family Residential) District, and C-1 (General Commercial) District to the east, C-2 (Large-scale Commercial) District to the south, and R-1 (Single-family Residential) District to the west
Future land use
designation: Commercial
Acreage: The subject property (Shopping Center) contains 32.71 acres of land.
KEY ISSUES:
The petitioner is requesting to amend an existing Special Use for a Shopping Center to construct a new Kroger Store, with a gross floor area of 123,602 square feet, and add a fuel center. The existing Kmart and LensCrafters buildings will be demolished as part of the proposed improvements in this area of the Shopping Center. Please note that Kroger Limited Partnership I (“Kroger”) does not or will not own all of the parcels within the Shopping Center. As a result, they are requesting to only improve those parcels under their control. Staff does not object to this request.
Buildings & Yards
The proposed Kroger building is internal to the shopping center and meets the required rear yard setback along the west side of the property. The proposed fuel center meets the required front yard setback along Lake Avenue.
Parking & Access
The proposed site plan notes 1,402 parking spaces are proposed; however, at least 29 parking spaces will be eliminated to increase the detention area and add rain gardens. As a result, the parking will not exceed the maximum allowed of 4 spaces per 1,000 square feet of gross floor area. Therefore a fee for overparking does not apply.
Based on the total proposed parking, 24 disabled parking spaces are required and 43 disabled parking spaces are provided.
Site Plan Review Board would like to see greater connectivity within the Shopping Center and therefore requested that a dedicated pedestrian connection a minimum of 5 feet in width be provided between the existing Kroger building and the proposed Kroger building.
Landscaping, Lighting, and Screening
Landscaping:
Parking Lot Landscaping:
1 landscape point is required for every parking space provided. In this case a maximum of 1,373 parking spaces will be provided and therefore 1,373 parking lot landscape points are required. Parking lot landscaping must be placed within curbed islands or divider medians, within the interior of the parking lot and must be in the form of shade trees. The proposed landscape plan exceeds the number of required parking lot landscape points; however, not all of the points are in the form of shade trees. In addition, the intent of landscape islands is to break up the expanse of parking. As such 5 islands containing shade trees should be added to the interior of the parking lot in the middle of every other row. A revised site plan was provided reflecting that this request is met.
Front Yard Landscaping (Sheridan Road):
For the front yard along Sheridan Road, 258 landscape points are required, in the form of trees. A waiver is requested, as Kroger does not or will not own these parcels.
Front Yard Landscaping (Lake Avenue):
For the front yard along Lake Avenue, 430 front yard landscape points are required. All front yard landscaping must utilize points from the tree classification. The number of proposed points exceeds the number required; however, not all the points are provided in the form of trees. The petitioner has agreed to eliminate some of the landscaping currently shown and add two rain gardens to the front yard along lake; one immediately east of the westerly entrance and one immediately west of the easterly entrance in place of some trees and shrubs currently shown. With the inclusion of the rain gardens, Staff does not object to the waiver from the requirement to provide all front yard landscaping in the form of trees. A revised landscape plan was provided showing the two requested rain gardens.
Transitional Buffer Yard:
A transitional buffer yard is required along the west property line; however, a landscaped visual barrier already exists, so no further landscaping is requested along this property line, as long as the existing landscaping is proposed to remain.
Lighting
A photometric lighting plan was not provided and must be submitted before any permits are issued. Lighting may not exceed 3 footcandles, as measured at the property line.
Screening
A parapet wall has been added to the east side of the building to screen the mechanical units; however, based on the revised elevations provided, the mechanical units appear to be visible from the south side (Lake Avenue). The parapet should be extended on the south side to fully screen the rooftop mechanical units from Lake Avenue. The west side (back of building) is not screened as required adjacent to residential; however, staff does not object to a waiver of the screening requirements on the west side.
A dumpster was not shown on the proposed site plan. If a dumpster is provided it must be screened and placed per Zoning Ordinance requirements.
Signage
A new pylon sign for the shopping center, approximately 287.24 square feet in area and 24.6 feet in height was proposed the Planning and Zoning Commission, to be located east of the east entrance along Lake Avenue and another sign of the same size and height along Sheridan Road. The existing shopping center pylon signs are 266 square feet in area and 31.7 feet in height. Following the Planning and Zoning Commission Meeting, the petitioner amended the request for the two freestanding signs to be approximately 420 square feet in area and 35 feet in height, as shown on the attached sign elevations. In addition, a sign for the fuel center, 199.33 square feet in area and 18.54 feet in height is proposed in front of the fuel center along Lake Avenue. The existing sign in this area is approximately 180 square feet in area and 23.9 feet in height. A waiver is requested to allow the proposed signs as presented. All freestanding signs are proposed to meet the required 10 foot setback from the property line along Lake Avenue and Sheridan Road. All proposed wall signs must meet Zoning Ordinance requirements. Staff does not object to the sign waiver request, as presented to the Planning and Zoning Commission.
A waiver is requested to allow banners on all light standard signs on all light standards throughout the parking lot area.
Building permits will be required for all signs and a separate application is required.
Outdoor Display
Outdoor display areas for the proposed fuel center are requested as generally depicted on the outdoor display layout provided. Sidewalk sales along the sidewalk in front of the proposed Kroger building are also proposed.
In addition, it is anticipated that there would seasonal sales, such as an outdoor garden area and possibly other times of the year for which special promotions or activities would take place within the parking lot area (including possibly areas which would have such activities under a tent to be erected temporarily). Approval for outdoor display areas is requested as part of this amendment and a revised site plan should be provided showing all proposed display areas.
STAFF COMMENTS:
1. Underground tank permits will be required for this project.
2. The City strongly encourages the use of sustainable Best Management Practices (BMP) for storm water management including, but not limited to, native grasses, bioswales, rain barrels, raingardens, dry wells, permeable pavement, etc.
3. The following permits are required; contractors must be licensed and bonded with the City of Peoria:
a. Sidewalk/Drive Approach Permit
b. Excavation Permit (for utility connections; flowable fill is required for any excavations within two feet of pavement, curb and gutter and/or sidewalk)
c. Erosion, Sediment and Storm Water Control Permit
d. Lane/Road/Sidewalk/Alley Closure
4. Additional permits may be required:
a. General ROW Use permit
5. An NPDES construction permit from the Illinois EPA will be required for this project.
REQUESTED WAIVERS:
Waivers Resulting from Existing Conditions:
|
Code Requirement |
Requested Waiver |
Staff Recommendation |
Planning and Zoning Commission Recommendation |
|
1. Appendix B, Section 16.4.a.: All developed zoning lots shall provide front and corner side yard landscaping as required. |
Waiver from Front Yard Landscaping Requirements along Sheridan Road: A waiver is requested to not provide additional landscaping along Sheridan Road, as these parcels are not controlled by Kroger. |
Support |
Support |
|
2. Appendix B. Section 16.4.b.(1):The number of points that must be achieved for parking lots through landscaping shall be equal to the total number of parking spaces provided. |
Waiver from Parking Lot Landscaping Requirements for Parcels Not Owned by Kroger: A waiver is requested to only provide parking lot landscaping associated with parking owned or to be owned by Kroger, as part of this amendment. |
Support |
Support |
Waivers Not Resulting from Existing Conditions
|
Code Requirement |
Requested Waiver |
Staff Recommendation |
Planning and Zoning Commission Recommendation |
|
3. Appendix B, Section 17.10.c.(1).b.: No more than one light standard sign for each five light standards on a zoning lot are permitted. Light standard signs cannot exceed 18 square feet in size, must have rigid framework on a minimum of two sides of the sign, and must be mounted in a light standard with a minimum clearance of eight feet above grade. |
Waiver for Light Standard Signs on all Light Standards within Parking Area: A waiver is requested to allow light standard signs on all light standards throughout the parking area. |
Support |
Support |
|
4. Appendix B, Section 17.11.c.(2).: On-premises freestanding signs have a maximum area limitation of 70 square feet. |
Waiver to allow a freestanding sign larger than 70 square feet: A waiver was requested to allow a 2 freestanding signs for the shopping center, approximately 287.24 square feet in area and 25 feet in height per sign, and a sign for the fuel center 199.33 square feet in area. Since the Planning and Zoning Commission Meeting the Petitioner has changed the request to be a waiver to allow two freestanding signs (one on Sheridan and one on Lake), approximately 420 square feet in area and 35 feet in height, in addition to the sign for the fuel center as requested at the Commission meeting. |
Do not object to the request as presented to the Planning and Zoning Commission |
Support - The Commission was in support of the fuel sign, which remains unchanged since the meeting, and two freestanding signs approximately 287 square feet in area and 25 feet in height. This request has changed since the Planning and Zoning Commission (signs have increased in size) and therefore the Commission did not have the opportunity to consider the current request. |
|
5. Appendix B, Section 16.4.a.(2):.All points for front and corner side yard landscaping must be achieved by utilizing plants from the tree classification. |
Waiver from the Requirement to Provide Front Yard Landscaping along Lake Avenue in the Form of Trees: A waiver is requested to allow front yard landscaping along Lake Avenue be in the form of trees, shrubs, and native plantings (rain garden), with zoning ordinance requirements met for the number of points required. |
Support |
Support |
|
6. Appendix B, Section 16.4.b.(1):. The number of points that must be achieved for parking lots through landscaping shall be equal to the total number of parking spaces provided. The points must be achieved from the shade tree classification. |
Waiver from the Requirement to Provide Parking Lot Landscaping Based on the Total Number of Parking Spaces for the Shopping Center in the Form of Interior Islands or Divider Medians: A waiver is requested to allow parking lot landscaping in the form of trees and shrubs. |
Support |
Support |
|
7. Appendix B, Section 16.10: All roof-, ground- and wall-mounted mechanical equipment and utilities (e.g. air handling equipment, compressors, duct work, transformers and elevator equipment) shall be fully screened from view of any public rights-of-way or residential zoning district. |
Waiver from the Requirement to Screen Mechanicals on the West Side of the Building Adjacent to Residential: A waiver is requested to not screen the mechanicals on the west side of the building. |
Support |
Support |
CONDITIONS OF APPROVAL:
|
Condition |
Detail |
Staff Recommendation |
Planning and Zoning Commission Recommendation |
|
1. Accessible Parking Spaces |
Accessible parking spaces must be located on the shortest route of travel to the facility entrances. |
Support |
Support |
|
2. Accessible Parking Spaces |
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 |
|
3. Parking |
Regular parking spaces must be striped a minimum of 8.5 feet in width by 18.5 feet in length. |
Support |
Support |
|
4. Accessibility |
Replace deteriorated and non-ADA-compliant walks, curbs and accessible ramps along property frontage, for all parcels controlled or to be controlled by Kroger. |
Support |
Support |
|
5. Accessibility |
Improve the (west) entrance along Lake Avenue to meet current ADA standards including an accessible crosswalk, ramps, and access to the pedestrian push buttons. |
Support |
Support |
|
6. Sidewalk |
A dedicated pedestrian connection a minimum of 5 feet in width must be provided between the existing Kroger building and the proposed Kroger building. A revised site plan showing this pedestrian connection should be provided. |
Support |
Does not Support |
|
7. Storm Water Detention |
To address stormwater detention 2 rain gardens must be provided in the front yard along lake; one immediately east of the westerly entrance and one immediately west of the easterly entrance. In addition, the detention area shown in the southwest corner of the site will be large enought to capture roof drainage from the new store, with native plants will placed around the edge of the detention area. |
Support |
Support |
|
8. Lighting |
A photometric lighting plan is required before permits are issued. Lighting may not exceed 3 footcandles as measured at the property line. |
Support |
Support |
|
9. Screening |
Except as otherwise provided above, all rooftop and ground level mechanical equipment and utilities must be screened per Zoning Ordinance requirements. The parapet should be extended on the south side to fully screen the rooftop mechanical units from Lake Avenue. |
Support |
Support |
|
10. Signs |
All proposed signs must meet zoning ordinance requirements, unless a specific waiver is granted. Building permits are required for all signs. |
Support |
Support |
|
11. Outdoor Display areas and Sidewalk Sales |
Outdoor display areas and sidewalk sales are approved as part of this amendment. A revised plan showing all proposed display areas should be provided |
Support |
Support |
|
12. Slip Lane |
Signage must be added to the slip lane |
Support |
Support |
|
13. Interior Crosswalks |
Brick pavers must be used for the 6 crosswalks (2 on the south end the new building, 2 at the front of the new building, and two to the north of the new building) and add stop signs and pedestrian signage at the crosswalks. |
Support |
Support |
ZONING COMMISSION ACTION:
The Zoning Commission found that the request met the Findings of Fact requirements and VOTED 3 to 2 to APPROVE.
Please note that the Ordinance proposed reflects the Commission recommendation, with a change in the request to include the new request for larger freestanding signs., as noted above. Please also note that the Commission recommendation included additional conditions that have already been addressed by the petitioner per the revised attached site and landscape plans and have therefore been removed.
HISTORY:
|
Date |
Zoning |
|
1963 - 1990 |
C-3 (General Commercial) District |
|
1990 - present |
C-2 (Large-scale Commercial) District |
In 1982, a Use with Approval was granted for a Shopping Center. The Use with Approval was later amended as follows:
v 1984, 1987, 1990 - Use with approval was amended
v 1993 - Use With Approval was amended to grant a special use to add a satellite dish for Office Depot
v 1996 - Amended to provide additional parking.
v 1999 - Amended to add a seasonal garden shop.
FINANCIAL IMPACT: N/A
NEIGHBORHOOD CONCERNS: None expressed at the Planning and Zoning Commission Meeting.
IMPACT IF APPROVED: The Special Use for a Shopping Center will be amended to allow modifications to the site; including demolition of the building that housed Kmart/Marshall’s and the development of a new Kroger building with a fuel center.
IMPACT IF DENIED: The Special Use for a Shopping Center will not be amended to allow modifications to the site; including demolition of the building that housed Kmart/Marshall’s and the development of a new Kroger building with a fuel center.
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
2. Attractive Neighborhoods with Character: Safe and Livable
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