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 Approving a SPECIAL USE for a PLACE OF WORSHIP (BUDDHIST TEMPLE) in a Class R-6 (Multi-family Residential) District for the Property Located at 839 W. MOSS AVENUE (Parcel Identification Number 18-05-482-018), Peoria, Illinois. (Council District 2). PZ 15-49.
Body
BACKGROUND:
Petitioner: William Hayes of Joseph and Camper for Sam Mach.
Current use: Vacant school building.
Proposed use: Buddhist Temple.
Present zoning: R-6 (Multi-family Residential) District.
Proposed zoning: No change.
The property is
surrounded by: Surrounded by R-4 (Single-Family Residential) District to the north and east, R-1 (Single-Family Residential) District and R-6 (Multi-Family Residential) District to the south, and R-4 (Single-Family Residential) District and N-1 (Institutional) District to the west.
Future land use
designation: Public/semi-public.
Acreage: The subject property contains 2.05 acres of land.
KEY ISSUES:
The petitioner is requesting a Special Use for a place of worship (Buddhist Temple), as the use requires a Special Use in the R-6 (Multi-Family Residential) District. Since a portion of the building is located in the local historic district, any improvements within that area of the property will require Historic Preservation Commission approval.
Buildings & Yards
The petitioner is proposing to reuse the existing building with no changes proposed to the building at this time.
Parking & Access
The petitioner is proposing to provide 68 parking spaces, which includes 3 disabled parking spaces as required. The existing parking lot will be reused in the existing location with no expansion of the parking area proposed.
Landscaping, Lighting, and Screening
Landscaping
Front Yard Landscaping (Moss Avenue):
A waiver is requested to allow existing conditions for front yard landscaping in all front yards. No additional landscaping is being requested by Staff or the Planning and Zoning Commission.
Lighting
No new lighting was proposed as part of this application.
Screening
A dumpster is proposed at the back of the property and must be screened per Land Development Code requirements.
Signage
The petitioner would like to replace the existing sign above the entrance on the west side of the property, currently signed as ‘Boy’s Entrance’, with a new sign that reads ‘Thien Tam Buddhist Temple”. The sign will meet Land Development Code requirements for size. The sign will require Historic Preservation Commission approval, as that portion of the building is located in the local Historic District. In addition, the petitioner may install a freestanding sign in front of the building along Moss Avenue. The sign must meet Land Development Code requirements, in that it cannot exceed 20 square feet in area and 5 feet in height. Again, this sign will also require Historic Preservation Commission Approval.
Accessory Structure
A statue of Budda is proposed in front of the building along Moss Avenue. The structure will meet required setbacks, in that it will be a minimum of 30 feet from the front property line and a minimum of 10 feet from the building. An accessory structure in the R-6 District cannot exceed 14 feet in height; however, the structure is proposed to be up to 20 feet in height and therefore a waiver is requested. The proposed statue will also require review and approval by the Historic Preservation Commission.
Fence
A waiver is requested to allow the existing fence to remain with portions located in the front yard and to fill in the gaps in the fence to match the existing chain link material. Staff and the Planning and Zoning Commission are in agreement to allow the fence to remain for a period of up to 3 years. After 3 years from the approval date of the Special Use, the fence would need to be removed. A new fence of better quality material could be installed but must meet Land Development Code requirements. Any additional fence or alterations to the existing fence for the portion of the property located in the Local Historic District will require a Certificate of Appropriateness.
STAFF COMMENTS:
1. If any work is proposed within the right-of-way, please contact Public Works for appropriate permits.
REQUESTED WAIVERS:
Waivers Resulting from Existing Conditions:
Code Requirement |
Requested Waiver |
Staff Recommendation |
Planning & Zoning Commission recommendation |
1. Appendix C, Section 5.4.8.: Front yard fences are prohibited and chain link fences are prohibited in the front and corner side yards. |
Waiver from the Fence Requirements: A waiver to allow the existing fence to remain for 3 years from the date of this approval, with portions located in the front yard and to fill in the gaps in the fence to match the existing chain link material. |
Approve |
Approve |
2. Appendix C, Section 8.2.6 - 8.2.9: Front yard landscaping is required for all front yards equal to ½ of the linear frontage, a parking lot perimeter hedge is required for vehicular use areas with frontage on a right-of-way, and a transitional buffer yard is required for those portions of the property that abut single-family residential district. |
Waiver from Landscape requirements to allow existing conditions for landscaping related to the transitional buffer yards, parking lot perimeter landscaping, and front yard landscaping requirements: A waiver is requested to allow existing conditions for all landscaping. |
Approve |
Approve |
Waivers Not Resulting from Existing Conditions:
Code Requirement |
Requested Waiver |
Staff Recommendation |
Planning & Zoning Commission Recommendation |
3. Appendix C, Section 4.1.4: Accessory structures cannot exceed 14 feet in height in the R-6 District. |
Waiver from Maximum Height for an Accessory Structure: A waiver is requested to allow a statue of Budda with a maximum height of 20 feet. |
Approve |
Approve |
CONDITIONS OF APPROVAL:
Condition |
Detail |
Staff Recommendation |
Planning & Zoning Commission Recommendation |
1. Screening |
All mechanical equipment, utilities, and refuse areas must be screened per Appendix C, Article 8.2.15. |
Support |
Support |
2. Signs |
Any proposed signs require a separate application. Freestanding sign may not exceed 5 feet in height and 20 square feet in area. |
Support |
Support |
3. Certificate of Appropriateness Required |
2. Any alterations or improvements for the portion of the property that falls within the Moss-High Local Historic District will require a Certificate of Appropriateness, as required by Chapter 16 of the City Code; the Historic Preservation Ordinance. |
Support |
Support |
4. Lighting |
4. Lighting may not exceed ½ footcandle as measured at the property line. |
Support |
Support |
5. Parking |
5. Parking surface must be maintained as an evenly paved surface and regular parking spaces must be striped a minimum of 8.5 feet in width by 18.5 feet in length. |
Support |
Support |
6. Parking |
Any paving or resurfacing of the parking lot shall be completed by a contractor who is licensed and bonded with the City of Peoria. |
Support |
Support |
7. Disabled Parking |
6. 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 |
8. Access |
Parking in the lot must be arranged to allow access for fire department apparatus. |
Support |
Support |
9. Chain Link Fence |
Gaps in the existing chain link fence can be filled in to match the existing fence, with the understanding that the entire fence will be removed within 3 years from the date of this approval. Property owner has the option to install a new fence of better quality material that meets Land Development Code requirements. |
Support |
Support |
PLANNING & ZONING COMMISSION ACTION:
The Planning & Zoning Commission found that the request met the Findings of Fact requirements and VOTED 5 to 0 to APPROVE.
HISTORY:
Date |
Zoning |
1931 - 1958 |
A (One Family Dwelling) and D (Apartment) District |
1958 - 1963 |
A (One Family) and C (Apartments) District |
1963 - 1990 |
R-2 (Medium-Density Residential) District |
1990 - Present |
R-6 (Multi-Family Residential) District |
FINANCIAL IMPACT: N/A
NEIGHBORHOOD CONCERNS: None expressed at the Planning and Zoning Commission Meeting.
IMPACT IF APPROVED: A special use will be granted for a place of worship.
IMPACT IF DENIED: A special use will not be granted for a place of worship.
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. Attractive Neighborhoods with Character: Safe and Livable
2. Grow Peoria: Businesses, Jobs, and Population
WHICH CRITICAL SUCCESS FACTOR(S) FROM THE COMPREHENSIVE PLAN DOES THIS RECOMMENDATION IMPLEMENT?
1. Reinvest in neighborhoods.
2. Grow employers and jobs.
DEPARTMENT: Community Development