ACTION REQUESTED:
Title
Communication from the City Manager and the Director of Community Development with a Recommendation to Approve Either the Recommendation from the Planning and Zoning Commission to APPROVE or the Recommendation from Staff to DENY an ORDINANCE Amending an Existing SPECIAL USE Ordinance No 15,185 for a Shopping Center, in a Class C-2 (Large Scale Commercial) District to Approve Landscape Plantings only on the Southside of the Property as an Alternative Dumpster Enclosure Screen for the Property Identified as Parcel Identification No. 14-08-226-025 with an Address of 7815 N KNOXVILLE AVENUE, Peoria, IL (District 5)
Body
BACKGROUND:
Petitioner: Julie Waldschmidt
Current use: Mt Hawley Shopping Center with unscreened garbage dumpsters.
Proposed use: Mt Hawley Shopping Center utilizing landscape plantings to screen garbage dumpsters located along the south property line.
Present zoning: Class C-2 Large Scale Commercial
Proposed zoning: No change
The property is
surrounded by: North: Class C-2 Large Scale Commercial
South: Class C-1 General Commercial
East: Class R-1 Single Family Residential
West: Class C-2 Large Scale Commercial
Future land use
designation: Commercial
Public facilities: The site is served with public sewer and public water
Acreage: 3.25 acres
BACKGROUND:
In 2001, the property was rezoned from C-1 General Commercial to C-2 Large Scale Commercial and approved as a Special Use for a Shopping Center. The shopping center is approximately 39,000 sq. ft. in size with leasable units for 20 tenants. Current tenants are comprised of offices, retail, and restaurants.
In March of this year, a complaint was submitted to the Community Development Department regarding unscreened dumpsters located along the south property line of the shopping center. Inspection of the area found litter, debris, and food waste outside of the garbage dumpsters. Review of the approved Special Use found that neither garbage dumpsters nor enclosures were indentified on the site plan. This prompted the application to amend the Special Use to request alternative landscape screening for the dumpsters.
KEY ISSUES:
1) Unscreened Dumpsters: Six dumpsters are located along the south building wall and property line of the shopping center. The Zoning Ordinance requires garbage dumpsters to be screened with a four-sided, solid, six to seven foot tall enclosure with a gate for access.
The Petitioner has submitted a landscape plan with plantings along the south property line intended to screen the garbage dumpsters. The petitioner states that existing underground utilities located between the building wall and south property line prevents the construction of garbage enclosures. The petitioner also states that landscape screening was approved by the previous city planning staff. Documentation has not been found to confirm and no independent verification of the utility issue has been supplied.
Note that some of the proposed plantings are located on the adjacent property owned by Methodist Services. The Petitioner has obtained written approval from Methodist Services to allow the plantings.
STAFF COMMENTS:
The importance of screening of dumpsters with four-sided solid enclosures affects not only the subject property, but also adjacent properties, and the City as a whole. Enclosure structures improve the safety and aesthetics of the property by hiding the unsightliness of the dumpster, prevent debris and litter from blowing out, and deter animals from pulling out food waste. Enclosures also discourage illegal dumping. Overall, garbage enclosures improve cleanliness and promote a well-maintained site.
Staff is objecting to this waiver request for two reasons.
First, we believe that enclosures could be provided at this site and should have been provided when it was constructed.
Second, we are concerned about the increasing number of waivers being approved for basic code requirements at developments throughout the city. While there may be actual hardships or practical difficulties in some cases that would necessitate a waiver, we believe that many waiver requests are based only on the reluctance of the developer to provide the site improvement. We would ask that the Council consider the longer range impact of waivers on the overall equity and equal application of the law for all development. Without a clear and provable hardship, it has become increasingly difficult to explain to one developer why they have to follow code when they can identify instances where others have not had to follow the same code. If Council believes that a site requirement (screening, landscaping, storm water detention, sidewalks, etc.) is not necessary for orderly and appropriate development in Peoria, direction to staff to remove the requirement for all future development would create a more understandable and equitable development process going forward.
FINANCIAL IMPACT: N/A
NEIGHBORHOOD CONCERNS (at the Planning & Zoning Commission meeting): None presented.
IMPACT IF APPROVED: If the attached Ordinance is approved, landscaping, in place of a four-sided solid enclosure, will be allowed to screen the six dumpsters located along the south property line.
IMPACT IF DENIED: If the attached Ordinance is denied, the petitioner will be required to provide garbage enclosures which are four-sided, solid, six to seven foot in height and with a gate for access.
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.
DEPARTMENT: Community Development