AGENDA MEMO
CITY COUNCIL
MEETING DATE: Mary 2, 2011
Issue Statement
PZC 2011-03:
Discussion/Overview
Both the Planning and Zoning commission and the Municipal Services
Committee considered this item at their respective meetings, with the public
hearing held on April 20, 2011. Both
bodies recommend approval of the petition.
The full staff agenda memo follows as “Additional Information.”
The draft ordinance is attached.
Decision Mode
The Planning and Zoning Commission considered this item at its meeting on April 20, 2011.
The Municipal Services Committee considered this item at its meeting on April 25, 2011.
The City Council will consider this item at its meeting on May 2, 2011.
Additional Information
PZC 2011-03:
Applicable Regulations: Zoning Ordinance: Section 5A-2-2-5: Amendments
Zoning Ordinance: Section 5A-7-2: R-2 Single-Family Residence District
Zoning
Ordinance: Section 5A-8-3: B-2
General Information
Property Owner/ Erika Zimmerman
Petitioner:
Property Location:
PIN: 09-28-402-019
Existing Zoning: R-2 Single-Family Residential
Existing Land Use: Beauty shop, with special use approval
Surrounding Zoning and Land Use:
North: R-2 Single-Family Residential: single-family residential
South: R-2 Single-Family Residential: vacant building, former dental clinic
East: R-2 Single-Family Residential: municipal water tower
West: O Office: professional offices
Comprehensive Plan Update: Commercial
History: Ordinance O-13-80, adopted March 17, 1980, granted a special use for a beauty shop within the R-2 zoning district.
Size of Property: 35,317.5 square feet (0.81 acres)
Floodplain: Floodplain map does not show floodplain on this lot.
Natural Features: None.
Transportation: Property has frontage on
Documents
Submitted
This report is based on the following information submitted to the Community Development Department by the petitioner:
1. Plat of Survey, 1 sheet, prepared by Schlaf-Sedig & Associates, April 16, 1976.
Planning Overview/ Discussion
The subject property is located on
the north side of
Currently, the property is zoned R-2 Single-Family Residence. The petitioner is requesting to rezone the property from R-2 to the B-2 Community Shopping Center Business District. Rezoning property changes the official Zoning Map, impacting the uses and signage permitted on the property.
The Darien Comprehensive Plan Update designates this property as Commercial. However, a specific zoning classification is not provided.
The City has granted the following zoning approvals:
Ordinance No. O-13-80: Special use for a beauty parlor, through conversion of the single-family home. Signage restricted to 8 square feet, placed on wall of structure.
Ordinance No. O-02-01: Variation granted to allow a monument sign in addition to the permitted wall sign.
Ordinance No. O-03-07: Special use granted in 1980 amended to allow parking lot expansion.
Ordinance No. O-02-08: Variation granted to allow a free-standing sign, 60 square feet in area, not to exceed 12 feet in height, and to allow wall signage of 2 square feet per linear foot of building frontage.
The character of this property,
as well as the adjacent properties on
At the end of this memo is a table showing the permitted and special uses for the R-2 and B-2 zoning districts.
When considering a rezoning, the following shall be considered:
1. Existing conditions.
2. The conservation of property values.
3. The direction of building development to the best advantage of the entire community.
4. The uses to which property is devoted at the time the petition is considered.
Staff
Findings/Recommendations
Staff supports the rezoning petition. The rezoning request is in line with the adopted Comprehensive Plan Update, adopted in 2002.
Therefore, staff recommends the Planning and Zoning Commission made the following recommendation to grant the rezoning petition:
Based upon the submitted petition and the
information presented, the request associated with PZC 2011-03 is in
conformance with the standards of the
Planning and Zoning Commission Review – April 20, 2011
The Planning and Zoning Commission considered this matter at its meeting on April 20, 2011. The following members were present: Beverly Meyer – Chairperson, Donald Hickok, Gloria Jiskra, Ronald Kiefer, John Lind, Raymond Meilkus Susan Vonder Heide, Michael Griffith – Senior Planner, Elizabeth Lahey – Secretary.
Members absent: Kenneth Ritzert
Michael Griffith, Senior Planner, reviewed the staff agenda memo. He noted briefly previous zoning approvals granted to the property. He noted that rezoning the property changes the Zoning Map and brings the property under different regulations within the Zoning Ordinance, namely the uses permitted on the property. He stated the Comprehensive Plan supports the rezoning petition, calling for the property to be commercial.
Mr. Griffith stated there is a table in the memo listing the permitted uses within the B-2 zoning district. He noted that some uses will trigger a public hearing for approval, the uses listed as special uses.
Mr. Griffith stated that two residents adjacent to the north came into City Hall with concerns over the rezoning, believing it was going to become a shopping center. He stated attempted to address their concerns, explaining the possible changes to the property. He stated those residents are not at the meeting.
Chairperson Meyer asked if more signage would be allowed.
Mr. Griffith stated that within the B-2 zoning district, one ground sign is permitted, 60 square feet in area for each face of a double sided sign, not greater than 12 feet in height, and wall signage could not exceed 2 square feet per linear foot of building frontage. He stated that the signage currently on the property likely falls into this allowance, that he did not think there could suddenly be a large increase in signage on the property.
Erika Zimmerman, the petitioner, stated they intend to keep the property as is. She stated that over the years, offices were built to her west, there was a dentist office across the street, and there is a shopping center to her east. She stated that she believes her property should be zoned for commercial.
Commissioner Lind asked about the required building setback along the northeast lot line, allowable building height, and floor area ratio.
Mr. Griffith stated if rezoned, a 40-foot building setback would be required along the north lot line. He stated the Zoning Ordinance would allow a 3-story building not exceeding 40 feet in height, with a maximum floor area ratio of 0.6. He also stated that total lot coverage could not exceed 75% of the lot area.
Commissioner Jiskra asked if they hoped the property value would increase if the property is rezoned.
Mrs. Zimmerman stated she thought the property value would increase, but that was not her motivation.
Chairperson Meyer asked if a 3-story building could be built, given parking requirements.
Mr. Griffith stated that parking requirements typically bring the size of a building down. He explained that as the building increases in size, in square footage, the amount of parking required increases. He stated typically the building is reduced in size to accommodate parking. He stated the size of the property will limit the intensity of any redevelopment of the site.
Commissioner Lind stated his concern with how the rezoning will impact the adjacent residents to the north.
Chairperson Meyer asked if there were plans to enlarge the building in 10-15 years.
Mrs. Zimmerman stated there are no plans to enlarge the building.
Commissioner Hickok stated the
rezoning request falls inline with the Comprehensive Plan. He stated that when they worked on the Plan,
they wanted that section of
There was not anyone from the public to offer comments.
Without further discussion, Commissioner Jiskra made the following motion, seconded by Commissioner
Kiefer:
Based upon the submitted petition and the
information presented, the request associated with PZC 2011-03 is in
conformance with the standards of the
Upon a roll call vote, THE MOTION CARRIED
by a vote of 7-0.
(Commissioner Ritzert
was absent.)
Municipal Services Committee Review – April 25, 2011
The Municipal Services Committee
considered this matter at its meeting on April 25, 2011. The following members were present: Alderman
Michael Griffith, Senior Planner, reviewed the staff agenda memo. He noted the Planning and Zoning Commission held the public hearing and recommended approval of the petition. He stated that there was not anyone from the public at the public hearing.
Mr. Griffith stated that a couple of residents to the north came into City Hall with questions, concerns, and that he answered their questions. He stated he hoped their concerns were addressed as they were not at the public hearing.
Mr. Griffith stated the Comprehensive Plan supports the rezoning request.
Both Alderman Schauer and Galan stated they did not have any objections to the petition.
Erika Zimmerman, the petitioner, was present.
There was not anyone from the public to offer comments.
Without further discussion, Alderman Galan
made a motion to recommend approval of the petition, seconded by Alderman
Schauer.
Upon a voice vote, THE MOTION CARRIED by a
vote of 3-0.
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R-2 Single-Family Residence |
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B-2 |
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Permitted Uses: |
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Permitted Uses: |
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Single-family detached dwellings |
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Animal hospitals |
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Public, denominational or private
schools, limited to elementary, junior or high schools, without boarding |
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Antique shops |
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Parks, playgrounds and forest preserves
when publicly owned and operated |
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Art shops or galleries, but not including
auction rooms |
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Accessory uses and buildings to the above
permitted uses |
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Automobile parts and accessories stores |
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Home occupations |
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Bakeries |
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Banks and financial institutions |
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Barbershops |
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Beauty shops |
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Bicycle sales, rental and repair stores |
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Blueprinting and copying establishments |
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Book and stationery stores |
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Business and office machine stores, sales
and service |
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Camera and photographic supply stores |
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Candy and ice cream stores |
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Carpet and rug stores, retail sales only |
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Catering establishments |
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Clinics, medical and dental |
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Clothing and costume rental stores |
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Coin and stamp stores |
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Custom dressmaking establishments |
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Dairy product establishments |
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Department stores |
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Drugstores |
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Dry goods stores |
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Dry-cleaning establishments, not
including industrial dry-cleaning plants |
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Electrical, light fixtures and household
appliance stores including radio and television sales and repair |
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Employment agencies |
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Equipment rental stores |
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B-2 |
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Permitted Uses: |
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Frozen food stores, including locker
rental in conjunction therewith |
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Furniture stores, including upholstering
when conducted as part of the retail operations and secondary to the
principal use |
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Furrier shops, including the incidental
storage and conditioning of furs |
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Garden supply, tool and seed stores |
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General retail |
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Gift shops |
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Hardware stores |
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Hearing aid stores |
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Hobby shops, for retail of items to be
assembled or used away from the premises |
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Household appliance stores |
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Interior decorating shops, including
upholstering and making of draperies, slipcovers and other similar articles,
when conducted as part of the retail operations and secondary to the
principal use |
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Jewelry stores, including watch repair |
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Leather goods and luggage stores |
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Locksmith shops |
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Mail order, catalog store |
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Millinery shops |
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Musical instrument sales and repair |
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Nursery schools, preschools and daycare
centers |
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Offices, professional and business |
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Optician, retail sales |
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Orthopedic and medical appliance stores |
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Package liquor stores |
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Paint, glass and wallpaper stores |
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Pet shops |
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Phonograph record and sheet music stores |
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Picture framing, when conducted for
retail trade on the premises only |
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B-2 |
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Permitted Uses: |
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Secondhand stores and rummage shops |
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Sewing machine sales and service |
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Shoe and clothing repair stores |
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Shoe stores |
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Sporting goods stores |
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Tailor shops |
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Ticket agencies |
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Tobacco shops |
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Toy shops |
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Travel bureaus and transportation ticket
offices |
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Undertaking establishments |
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Variety stores |
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Wearing apparel shops |
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R-2 Single-Family Residence |
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B-2 |
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Special Uses: |
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Special Uses: |
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Civic
buildings and government uses |
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Amusement establishments, including, but not limited to bowling
alleys, sports complexes, pool halls, dance halls and skating rinks, and
establishments utilizing more than 4 automatic amusement devices as either:
a) an accessory use to a restaurant offering complete meals, or b) an
accessory use to an approved amusement establishment |
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Golf courses, not including commercially
operated driving ranges or miniature golf courses |
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Automobile service stations, repair facilities, and car washes
used in conjunction with an automobile service station |
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Nursery schools, preschools and daycare
centers |
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Bus stations |
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Privately owned parks and playgrounds |
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Civic buildings and governmental uses |
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Public
and private utility facilities |
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Drinking establishments |
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Planned
Unit Developments (PUD) |
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Drive-in and drive-thru establishments |
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Religious institutions, including, but
not limited to churches, rectories, seminaries, convents and monasteries,
including dormitories and other accessory uses required for operation |
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Eating establishments |
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Swimming, tennis, racquet and other
athletic club facilities |
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Eating establishments, not including entertainment or dancing |
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R-2 Single-Family Residence |
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B-2 |
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Special Uses: |
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Special Uses: |
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Single-family homes may be
converted to the following business uses: medical, dental, real estate,
insurance, attorney, architect, engineer, optometrist or accountant offices,
beauty parlors, barbershops, animal clinics where animals are housed only
during treatment. The following conditions
apply: The lot must front onto 2. is adjacent to a lot with
a legal commercial non-conforming use or 3. is adjacent to a lot
granted a special use under the conditions noted above. |
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Garages for storage, repair and servicing of motor vehicles,
including body repair, painting and engine rebuilding |
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Hotels and motels |
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Motor vehicle sales |
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Public and private utility facilities |
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Public owned and operated parks, playgrounds and forest
preserves |
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Planned
Unit Developments (PUD) |
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Radio and television stations and studios |
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Swimming, tennis, racquet and other athletic club facilities |
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Theaters |
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Wholesale establishments |
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Permitted uses are those uses allowed by right.
Special uses require approval by the City Council via a public hearing process, with consideration by the Planning and Zoning Commission and the City Council’s Municipal Services Committee.