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 B, the Zoning Ordinance, of the Code of the City of Peoria by Changing the Zoning of Certain Property from the Present Class R-3 (Single-Family Residential) District to a Class C-1 (General Commercial) District for the Property Located at 3523 N KNOXVILLE AVENUE (Parcel Identification No.14-28-331-009), Peoria, Illinois. Case No. PZ 14-47 (Council District 2).
Body
BACKGROUND:
Petitioner: Peggy Pendell
Current Use: The property is currently vacant land
Present zoning: R-3 (Single-Family Residential) District
Proposed zoning: C-1 (General Commercial) District.
The property is surrounded by: R3 (Single Family Residential) District to the north, west, and south, and R-2 (Single-Family Residential) District to the east.
Future land use designation: The future land use designation is low density residential.
Acreage: Approximately .45 acres.
History:
Date |
Zoning |
1931 to 1958 |
A (One Family Dwelling) District |
1958 to 1963 |
A (One Family) District |
1963 to 1990 |
R-1 (Low Density Residential) District |
1990 to the present |
R-3 (Single Family Residential) District |
STAFF COMMENTS:
Staff recommends DENIAL of the request to rezone the subject property to Class C-1 (General Commercial) District. This property is surrounded by residential zoning. Rezoning the subject property will result in "spot zoning" creating a conflict with the Comprehensive Plan and the surrounding residentially zoned properties.
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 property is entirely surrounded by properties zoned single-family residential with single family residential dwellings. Rezoning the subject property to C-1 (General Commercial) District would result in spot zoning.
2. Extent to which property values are diminished by the particular zoning: The single-family residential character of the homes immediately surrounding the subject parcel would be threatened if the property were rezoned to commercial.
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 the subject 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 single-family residential character of the neighborhood.
5. Suitability of the property for the zoned purpose: The subject parcel is not suitable for commercial development due to its size & location, flood-plain issues, topography, access from Knoxville Ave, and difficult traffic conflict with traffic travelling south from War Memorial
6. Length of time the property has been vacant as zoned, compared to the development in the vicinity of the property: The property contained a residential dwelling that was demolished in October of this year, as a result of a code enforcement case. The property could be developed as residential with the existing zoning.
7. Public need for the proposed use: The City's comprehensive plan, as stated above, is for low-density residential and 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: Neighbors expressed concerns of traffic conflicts with motorists merging onto southbound Knoxville from War Memorial Drive and concerns with the increased traffic a commercially zoned parcel would generate.
IMPACT IF APPROVED: The property would be rezoned to C-1 (General Commercial) District
IMPACT IF DENIED: The property would not be rezoned and would remain as R-3 (Single-Family Residential) 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