File #: 23-0485    Version: 1
Type: Report Status: Passed
File created: 4/11/2023 In control: Planning and Zoning Commission
On agenda: 4/19/2023 Final action:
Title: Initiate a text amendment to Section 6-7F-3:14 (OCI: Conditional Uses) of the Municipal Code related to eating establishments within a PUD - PZC 23-1-031
Attachments: 1. Text Amendment Request
PLANNING AND ZONING COMMISSION AGENDA ITEM

ACTION REQUESTED:
title
Initiate a text amendment to Section 6-7F-3:14 (OCI: Conditional Uses) of the Municipal Code related to eating establishments within a PUD - PZC 23-1-031
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DEPARTMENT: Transportation, Engineering and Development

SUBMITTED BY: Gabrielle Mattingly, AICP

ENTITLEMENTS REQUESTED:
Direct staff to initiate an amendment to the OCI zoning district (Office, Commercial and Institutional District) conditional use regulations to remove the requirement that eating establishments, if approved through a conditional use, be located within a planned unit development (Section 6-7F-3:14).

BOARD/COMMISSION REVIEW:
Should the Planning and Zoning Commission initiate the requested amendment, staff will issue public notice in accordance with Section 6-3-9 (City Initiated Text Amendments) of the Municipal Code.

BACKGROUND:
Per Code 6-3-9:1, either the Planning and Zoning Commission or the City Council may initiate a text amendment to the Zoning Regulations.

Russ Whitaker, Rosanova & Whitaker, Ltd., on behalf of The Hari Group (Petitioner), has requested that the Planning and Zoning Commission direct staff to draft a proposed text amendment to Section 6-7F-3:14 of the Municipal Code. The requested amendment is to allow eating establishments as a conditional use in the OCI zoning district without the requirement that such use be located within a planned unit development.

The Petitioner is seeking initiation of the text amendment in conjunction with a proposed development for 1296 E. Chicago Avenue (PZC 22-1-095). Staff is not seeking input on PZC 22-1-095 at this time; however, a public hearing for PZC 22-1-095 will be scheduled before the Planning and Zoning Commission and public notice will be provided in accordance with Section 6-3-5 at which time feedback and discussion will occur.

DISCUSSION:
Eating establishments are defined as, "a building, structure or portion thereof within which food is offered for...

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