CITY COUNCIL AGENDA ITEM
ACTION REQUESTED:
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Pass the ordinance approving variances for a new day care center building for the property located at 471 E 75th Street (Primrose School) - PZC 24-1-099
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DEPARTMENT: Transportation, Engineering and Development
SUBMITTED BY: Anna Franco, AICP, Community Planner
BOARD/COMMISSION REVIEW:
The Planning and Zoning Commission considered PZC 24-1-099 on February 5, 2025, and recommended approval of the request (approved 7-0). Staff concurs.
BACKGROUND:
The subject property is approximately 1.49-acres located on the north side of 75th Street and zoned OCI Office, Commercial, and Institutional District. The property is currently improved with a one-story building (as well as accessory structures) that was previously used as a veterinary clinic. Adjacent uses include a medical office building to the west, incorporated residential in the Hobson’s Pond subdivision to the northwest, and unincorporated residential to the north, east and south (across 75th Street). The subject property slopes downward to the northwest corner of the property, which is nearby an existing waterway.
The subject property was annexed to the City in 1998 with the approval of Ordinance 98-23 and was rezoned to the OCI zoning district with the approval of Ordinance 98-24. The rezoning ordinance is unique in that it outlines six conditions of approval for the rezoning, including the following:
• Condition 1: Within eighteen (18) months after annexation and zoning of the Subject Property, the residential use of the existing single-family structure on the Subject Property shall terminate or the OWNER and DEVELOPER shall have petitioned the CITY for a conditional use to allow such residential use to continue.
• Condition 2: The scale and architectural design of the building for any commercial development of the Subject Property shall maintain a residential character as determined by the Zoning Administrator.
• Condition 3: The Plan Commission shall review a request for subdivision and a proposed Site Plan before any commercial development on the western portion of the Subject Property is permitted by the City.
• Condition 4: Outside dog kennels shall be prohibited on the Subject Property,
• Condition 5: Access to the Subject Property from 75th Street shall be limited to right-in right-out at the one point depicted on the conceptual site plan, marked Exhibit "B," attached hereto and made a part hereof.
• Condition 6: Upon any development of the parcels situated to the east of the Subject Property, the OWNER and DEVELOPER shall grant an easement for and construct a paved vehicular cross access drive between the Subject Property and the parcel(s) to the east within ninety (90) days after the CITY'S request for the completion of such construction.
Staff has reviewed the proposed request for a daycare center with the above conditions and finds that conditions 1, 3, and 4 are not applicable to the request. Staff finds that conditions 2, 5 and 6 do apply and are discussed later in this memo.
DISCUSSION:
The petitioner, Matt Taylor of Primrose Schools, as authorized by the owner of the property, Raymond Bishop, requests approval of a parking variance and a landscape variance in order to demolish the existing veterinary clinic on the subject property and construct a 1-story, 13,596 square-foot day care facility building for Primrose School. Primrose Schools currently operates a facility in the City of Naperville at 2915 Reflection Drive.
The petitioner has submitted preliminary plans for the daycare center, which is a permitted use in the OCI zoning district. The proposed day care building is centrally located on the subject property with a front entrance facing 75th Street. The architecture of the building has been intentionally designed to be residential in character to comply with condition 2 as listed above, which is reinforced with the use of building materials typically used for residential construction, including white board and batten siding and stone wainscoting. The building features a pitched roof design at the main entrance at the southeast corner of the building with a cupola and weathervane for added aesthetic. Metal canopies are placed above each entryway and windows on the building, emphasizing the residential design.
As mandated by DCFS, daycare centers are required to provide an outdoor area. The proposal includes five fenced-in outdoor play areas located on the north and west sides of the building and cover approximately 11,400 square feet of the property. The play areas include playground structures and are separated by fencing to separate children by age group. Due to the existing sloping topography of the site, the property will be regraded, and a retaining wall will be constructed along the perimeter of the play areas.
Site access is provided via 75th Street with an existing right-in right-out driveway. The petitioner’s utilization of the existing driveway meets the requirements of condition 5 as listed above. Parking is located along the south and east side of the building and the petitioner has aligned the east-west parking lot drive aisle to align with a cross-access easement already platted for the property. The cross-access easement allows cross access for the unincorporated residential property to the east, consistent with condition 6 as listed above, and allows access for the property to the west. An emergency access driveway is provided to the property to the west to allow adequate site access and circulation for emergency vehicles.
Parking Variance
The petitioner is requesting approval of a parking variance to reduce the number of parking spaces required for the daycare center. Per Municipal Code Section 6-9-3(6), a daycare center is required to provide four parking spaces per 1,000 square feet of gross floor area. The proposed day care center is 13,596 square feet; therefore 54 spaces are required. The petitioner is providing 44 parking spaces, which is 10 spaces short of the required parking spaces.
To support the requested variance, the petitioner has provided a parking study that compares the City’s parking requirements to the current parking occupancy/demand for the existing 12,560 square foot Primrose School located at 2915 Reflection Drive. The study reviewed the hours of operation and peak hours of parking intensity for the facility and found that the maximum parking demand is 29 parking spaces during the morning peak period (parents will be required to park their cars and go into the building to drop off and pick-up their children). The Reflection Drive facility is 985 square feet smaller than the proposed daycare center, which the study translates into a parking demand of four more parking spaces, or a peak demand of 33 spaces for the proposed daycare center.
Findings of Fact
Based on the current and projected parking demand outlined in the parking study, staff believes the provision of 44 parking spaces is sufficient to meet the demand of the proposed daycare center and supports the request. The petitioner’s response to the Standards for Granting a Zoning Variance is attached. Upon review, staff is in agreement with the petitioner’s findings and recommended their adoption by the Planning and Zoning Commission.
Landscape Variance
The petitioner is also requesting approval of a landscape variance to provide relief from the requirement to install a 6-foot fence or wall along the eastern perimeter of the parking lot. Per Section 5-10-3:5.2.4.1 of the Municipal Code, a solid wood fence, wall, or comparable barrier shall be provided across 100% of a parking lot to a minimum height of six feet where a parking lot abuts a property zoned for residential use. Parking is proposed along almost the entire length of the east property line, which abuts an unincorporated residential property; therefore, a wall or fence is required. The residential neighbor has already installed a six-foot tall privacy fence on their property that is located very close to the property line shared with the subject property, so the petitioner is requesting relief from this requirement due to the existence of the neighbor’s fence.
Staff supports the petitioner’s request as the neighbor’s fence meets the intent to provide screening from parking areas per Section 5-10-3:5.2.4.1. Further, the petitioner is providing code compliant landscaping along the eastern property line and elsewhere on the subject property. For these reasons, staff supports the requested landscape variance subject to the following condition:
If the neighboring fence at 8S360 Oxford Lane is ever removed, the petitioner is required to install a fence or wall on their property within 180 days to meet the screening requirement outlined in Section 5-10-3:5.2.4.1. This would include removing the existing chain link fence on the subject property and replacing the fence with a privacy fence or wall that meets the requirements of Section 5-10-3:5.2.4.1.
Findings of Fact
The petitioner’s response to the Standards for Granting a Landscape Variance is attached. Upon review, staff is in agreement with the petitioner’s findings and recommended their adoption by the Planning and Zoning Commission.
Planning and Zoning Commission Action
The Planning and Zoning Commission conducted the public hearing to consider PZC 24-1-099 on February 5, 2025. Three nearby property owners provided testimony at the public hearing and cited concerns related to traffic and safety on Oxford Lane, stormwater runoff into the existing creek north of the subject property, and visual appeal and effect on property values. Additional written public comments have been provided for this case and are included in the attachments.
In response to the neighbor’s concerns, the Planning and Zoning Commission prompted the petitioner for clarification on several of the cited concerns. After careful consideration of the entitlements being requested, the Planning and Zoning Commission recommended approval of the requested entitlements subject to the petitioner installing a solid fence along the north property line and increasing the landscape buffer to better screen the proposed daycare from neighboring residential properties. The Planning and Zoning Commission closed the public hearing and voted to recommend approval of the petitioner’s request, subject to the requested changes (approved 7-0). Staff concurs with the Planning and Zoning Commission’s recommendation.
Plan Changes Since the Planning and Zoning Commission Meeting
In response to the Planning and Zoning Commission’s requests, the petitioner has revised the landscaping on the subject property to provide better screening between the property and the residential properties to the north, east, and west by replacing several deciduous shrubs with evergreen trees and deciduous trees. The petitioner has replaced several deciduous shrubs along the north property line with 14 spruce trees, replaced seven lilac bushes along the west property line with five spruce trees, added two maple trees along the east property line, and replaced viburnum plantings along the east property with 11 arborvitaes to provide increased screening for the neighbor to the east. The height of plantings along the east property line is limited due to an existing overhead utility line.
Additionally, the petitioner has also replaced the six-foot high chain link fence along the rear of the play areas with a six-foot high solid vinyl fence to screen the play areas and play equipment. The petitioner has also updated the design of the retaining wall along the north property line from concrete block to decorative and colored stamped concrete that emulates the appearance of stone.
Please note that the proposed landscape plan and engineering plan are preliminary submittals, and final plans are required to be submitted if the City Council approves the preliminary plans. Staff finds that the revisions made to the landscaping plan satisfy the conditions of approval recommended by the Planning and Zoning Commission. Staff recommends approval of PZC 24-1-099.
Key Takeaways
1. The petitioner requests a variance from Naperville Municipal Code Section 6-9-3 (Schedule of Off Street Parking Requirements) to reduce the required parking on the subject property from 54 spaces to 44 spaces. Based on the parking study provided by the petitioner, the Planning and Zoning Commission and staff support the request.
2. The petitioner requests a landscape variance to Municipal Code Section 5-10-3:5.2.4.1 to provide relief from the requirement to install a 6-foot fence or wall along the eastern perimeter of the parking lot. Based on the existence of a six-foot privacy fence on the adjacent residential property, the Planning and Zoning Commission and staff support this request with the condition of approval provided in the attached ordinance.
3. The petitioner has updated the submitted plans to add a solid fence along the rear of the proposed play areas and increase landscaping screening in response to the Planning and Zoning Commission’s request.
FISCAL IMPACT:
N/A