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HomeMy Public PortalAbout1985-12-10 minutesTO: Plan Commission FROM: Steve Manning DATE: December 10, 1985 SUBJECT: Case 140 - Bays Rezoning Myles Jacobs attorney representing owner John Bays, has requested on November 22, 1985, Village approval of a map amendment to change the zoning from B-1 to B-2 at 112 Division Street. RACYaRnUND On January 28, 1985, requested a change of zoning from B-1 to B-3 on the same site. The request was approved by the Plan Commission but not approved by the Board of Trustees. Bays then proceeded to demolish the house and garage on the site and begin construction of a shopping center building under B-1 zoning standards. January 1, 1986 is the target opening date. The subject site is 231' x 232' = 1.054 acres located on the West side of Division Street, North of the existing Plainfield Plaza Shopping Center (also owned by John Bays), East of Highview Court, and the third lot south of Union Street. It is surrounded by the following: (See attached maps) Subject Site North East South West Land Use commercial house houses shopping houses construction center Zoning B-1 A A B-3 A Comprehensive retail residential residential retail residential Plan commercial commercial At this time, Bays is negotiating with several businesses as potential tenents of the new shopping center building including a hardware chain, ice cream sales, video rental, and 24 hour medical clinic among others. He claims to have no tenent under lease yet. The hardware and ice cream are permitted under B-2 but not B-1 zoning. A change to B-2 zoning would not require any change to the structure nor would it make any part of the structure now under construction non-conforming. COMPATIBILITY One issue is whether any of the proposed uses or any of the other uses permitted in B-2 are any more or less compatible to the surrounding property and community facilities than the uses now permitted under B-1 zoning. Generally the B-2 uses are more intense activities in terms of customer and delivery traffic, tend to be larger facilities, and more likely to have outside storage of materials. MEMO DATE: December 10, 1985 SUBJECT: Case 140 - Bays Rezoning Page Two Bays has claimed to be willing to prohibit his tenents from having outdoor storage and to screen the delivery area with a tall, solid wood fence. He also claims to be willing to not have tenents with high customer volumes including restaurant, nursery., or grocery store. PARKING A typical zoning standard for minimum number of parking stalls to be provided for retail uses is I stall per 200 square feed of gross floor area which would yield the following: Zoning Size Parking Required Deficiency Existing shopping center B-3 30,000 sq. ft. 99 150 51/34% New shopping center B-1 20,000 sq. ft. 40 100 60/60% 50,000 1739 -250 111/44% The number of parking stalls deficient for the existing center is 51 or 34%. This implies either the parking lot gets too full too often for safe and convenient flow of traffic in and around this shopping center or the demand for parking or customer volume is lower per square foot than typically found elsewhere. In the absence of a more definitive traffic study, I would estimate that with the completion of construction, the entire shopping center of 50,000 square feet, 35-45 more parking stalls will be needed for employee parking and overlfow customer parking for those 10-20 busiest shopping days of the year. RECOMMENDATION It is perhaps unfortunate that the shopping center being constructed on the subject site was not designed to be more compatible in appearance with the nearby houses. Also the opportunity has been lost to provide more room for a buffer to protect the quality and value of the residential environment. The lack of zoning standards in the past to.require sufficient compatibility, buffering, and parking can be compensated for, at least in part, by a Development Agreement. Bays claims he is willing to sign such an agreement which should declare his plans for: I - paving and striping the unfinished portion of the parking lot in front of the existing shopping center and 35-45 new stalls in the rear. 2 - installing a tall, solid, wood fence along the west and north property line. 3 - use standard brick or a neutral paint color to cover the cement block walls of the new building facing houses. 4 - restrict restaurant, nursery, and grocery stores. MEMO DATE: December 10, 1985 SUBJECT: Case 140 - Bays Rezoning Page Three A problem with Development Agreements is whether the Village has enough legal means to enforce the agreement especially when the developer sells. I recommend to approve the request on the condition that the Board can enter into a Development Agreement reflecting I - 4 above. 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