File #: 22-0279    Version: 1
Type: Public Hearing Status: Agenda Ready
File created: 2/23/2022 In control: Planning and Zoning Commission
On agenda: 3/2/2022 Final action: 3/2/2022
Title: Conduct the public hearing for 419-423 S. Washington Street and 400 S. Main Street (JC Licht/Walgreens) - PZC 21-1-105
Attachments: 1. Petition for Development Approval, 2. Disclosure of Beneficiaries, 3. Response to Standards, 4. Plat of Survey, 5. Sign Exhibit, 6. Location Map
Related files: 22-1034, 22-1035, 22-1036

PLANNING AND ZONING COMMISSION AGENDA ITEM

 

ACTION REQUESTED:
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Conduct the public hearing for 419-423 S. Washington Street and 400 S. Main Street (JC Licht/Walgreens) - PZC 21-1-105

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DEPARTMENT:                     Transportation, Engineering and Development

 

SUBMITTED BY:                     Sara Kopinski, AICP

 

ENTITLEMENTS REQUESTED:

1.                     A variance to Section 6-16-3 (Prohibited Signs) to allow for the relocation of an existing, nonconforming ground sign; and

2.                     A map amendment to rezone the subject property from B5 (Secondary Downtown District) to B4 (Downtown Core District).

 

BOARD/COMMISSION REVIEW:
Official notice for the public hearing for PZC 21-1-105 was published in the Daily Herald on Monday, February 14, 2022.

 

BACKGROUND:

The subject property consists of approximately 2.13 acres located at the northwest corner of Washington Street and Aurora Avenue.  It is zoned B5 (Secondary Downtown) and is currently improved with two commercial buildings and associated parking lots. 

The City’s Downtown Washington Street Bridge Replacement Project (Washington Project) will include replacing the Washington Street Bridge and improving Washington Street on the east side of the subject property.  As part of this project, the City will need to acquire a portion of the subject property to create additional space for planned roadway improvements (including adding a right-turn lane from Washington Street to Aurora Avenue and widening the sidewalk).  The City’s acquisition of property will result in the removal of an existing, nonconforming ground sign along the subject property’s Washington Street frontage.  In response, the petitioner requests approval of a sign variance to allow the existing, nonconforming sign to be relocated on the subject property.  Concurrently, the petitioner proposes rezoning the subject property from B5 to B4 for consistency with the Downtown 2030 Plan.

 

DISCUSSION:

Sign Variance

The existing sign on the subject property measures approximately 12 feet in height and 32.5 square feet in area.  Section 6-16-3 (Prohibited Signs) <https://library.municode.com/il/naperville/codes/code_of_ordinances?nodeId=TIT6ZORE_CH16SI_6-16-3PRSI> of the Naperville Municipal Code prohibits ground signs in the Downtown Central Business District, therefore the sign is categorized as an existing, nonconforming condition.  The City’s Washington Project involves acquisition of land along the subject property’s east property line, including the landscaped area the existing sign is located on, which requires the sign to be removed and relocated. Absent the Washington Project and associated property acquisition, the sign would be allowed to remain as-is in accordance with Section 6-16-10 (Nonconforming Signs) <https://library.municode.com/il/naperville/codes/code_of_ordinances?nodeId=TIT6ZORE_CH16SI_6-16-10NOSI> of the Municipal Code.  The need for the sign variance is a result of City-initiated roadway improvements and is not a result of any action taken by the petitioner. 

One of the goals of the City’s Sign Ordinance is to advance the economy of the City by recognizing the need for adequate site identification through promoting the reasonable and objective display of signage, and to encourage effective communication between signs and the public.  The petitioner has identified that the pole sign is necessary to maintain visibility for the existing businesses fronting Washington Street. 

Engineering has reviewed the proposed location of the sign and finds it to be acceptable and to comply with required sight lines.  Planning is supportive of the variance and believes it ensures adequate site identification is maintained.  Staff notes that any new or future changes in signage proposed will be required to comply with the City’s sign regulations then in effect.

Findings of Fact

The petitioner’s responses to the Standards for Granting a Variance can be found in the attachments.  Upon review, staff agrees with the petitioner’s Findings and recommends their adoption by the Planning and Zoning Commission. 

Rezoning

The petitioner is also requesting to rezone the subject property from B5 (Secondary Downtown) to B4 (Downtown Core).  At this time, no redevelopment plans have been submitted for the subject property; however, the subject property is within the limits of the Downtown Central Business District, and the B4 zoning district is consistent with the recommendations of the Downtown 2030 Plan.

Several different zoning districts and land uses abut the subject property, as outlined in the table below: 

                                                               Adjacent Zoning                     Adjacent Land Uses

                     North                                          B4                                                               Dupage River, restaurants, retail

                     East                                          B5                                                               Restaurant, North Central College parking

                     South                                          R2, OCI                                          Bank, single-family attached residential

                     West                                          R2, B4, B5                                          Offices, retail, restaurants and hotel

 

The intent of the B4 zoning district is to accommodate the retail, service, and office uses which are characteristic of a major retail area of the City, that is the central core of the central business district. Existing land uses on the subject property include retail on the ground level, and general services on upper floors.  Staff finds the proposed zoning to be an appropriate designation given the existing land uses and the recommendations of the Downtown 2030 Plan. 

If the property is rezoned to B4, future redevelopment plans (if and when submitted in the future) will be reviewed for compliance with the B4 district requirements, as well as the Downtown 2030 plan.  Provided that said redevelopment plans comply will all City Code requirements, Planning and Zoning Commission and City Council review of these plans will not be required in the future.

Findings of Fact

The petitioner’s responses to the Standards for Granting a Map Amendment can be found in the attachments.  Upon review, staff agrees with the petitioner’s Findings and recommends their adoption by the Planning and Zoning Commission. 

Items for City Council Consideration

These requests are not reviewed by the Planning & Zoning Commission, but information is provided for reference.  City Council will consider both requests at a subsequent meeting.

Parking Reconfiguration

The City’s Washington Project requires the City to acquire a portion of the subject property to allow for the planned bridge and roadway improvements.  One of the impacts of this acquisition is the loss of 9 parking spaces along the eastern portion of the subject property.  The petitioner is working with City staff to identify options to add some parking back onto the site following the Washington Street improvements. 

Resolution Acknowledging Existing Conditions

Currently, there are several existing, nonconforming conditions on the subject property.    As part of the entitlements, the petitioner requests City Council pass a resolution affirming the applicability of Title 6 (Zoning Regulations) Chapter 10 (Nonconforming Uses) for the subject property, to ensure that existing, nonconforming improvements will be allowed to remain, even though they do not comply with Code.  The resolution will include information on the parking reconfiguration as well.  Resolutions of this type have been previously prepared for other private properties which have been impacted by right-of-way acquisition. 

New improvements or redevelopment of the subject property will be required to comply with the underlying zoning district’s requirements.

RELATED FILES

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