AGENDA MEMO
CITY COUNCIL
MEETING DATE: September 7, 2010
Issue Statement
PZC 2010-10: 8105 Cass Avenue, Q Billiards: Petitioner seeks a variation to expand an existing nonconforming use.
Discussion/Overview
The Planning and Zoning Commission held the required public hearing on
August 18, 2010. Both the Planning and
Zoning Commission and the Municipal Services Committee recommend approval of
the petition as presented.
The full agenda memo follows as “Additional Information”.
A draft ordinance is attached.
Decision Mode
The Planning/Zoning Commission considered this item at its meeting on August 18, 2010.
The Municipal Services Committee considered this item at its meeting on August 23, 2010.
The City Council will consider this item at its meeting on September 7, 2010.
Additional Information
Issue Statement
PZC 2010-10: 8105 Cass Avenue, Q Billiards: Petitioner seeks a variation to expand an existing nonconforming use.
Applicable Regulations: Zoning Ordinance, Section 5A-4-3-3: Expansion of Nonconforming Uses
Zoning Ordinance, Section 5A-8-2: B-1 Neighborhood Convenience Shopping District
General Information
Petitioner: Bob Taft
Action Billiards, dba Q Billiards
Property Owner: Campus Property Management
Property Location:
PIN: 09-34-102-019
Existing Zoning: B-1 Neighborhood Convenience Shopping District
Existing Land Use: Retail shopping center
Surrounding Zoning and Land Use:
North: B-1 Neighborhood Convenience Shopping District – banquet, eating/drinking establishment.
South: B-1 Neighborhood Convenience Shopping District – offices.
East: B-1 Neighborhood Convenience Shopping District – offices.
West: B-1 Neighborhood Convenience Shopping District – vacant parcel.
Comprehensive Plan Update: Commercial
History: The property was annexed into the City with an Annexation Agreement in 1972. The Agreement provided the permitted uses within the shopping center. The Agreement has since expired, therefore the underlying zoning district uses apply.
Size of Property: 2.97 acres
Floodplain: None.
Natural Features: None.
Transportation: Property has
access to
Documents Submitted
This report is based on the following information submitted to the Community Development Department by the petitioner:
1. ALTA/ACSM Land Title Survey, 1 sheet, dated August 30, 1989.
2. Written description of use, 1 sheet, prepared by petitioner.
3. Floor layout, 1 sheet, prepared by petitioner.
Planning Overview/ Discussion
The
The petitioner submitted a written description of how the additional
space will be used.
The space at the north end of the shopping center has been vacant for
at least a couple of years.
The current Zoning Ordinance was adopted in 2000. Previous land use regulations, including the
previous Zoning Ordinance and a now expired Annexation
Agreement covering the property, permitted amusement establishments at this
location. However, since the expiration
of the Annexation Agreement and the adoption of the current Zoning Ordinance in
2000, the permitted uses within this zoning district were altered.
Currently, the following uses are within the shopping center:
Rosati’s Pizza – eating establishment
Uncle Mao’s Chinese Cuisine – eating establishment
Vacant
La Nolte – eating establishment
Sunset Cleaners – cleaners
Sylvia Bakery – retail bakery
Q Billiards – billiards
Vacant – proposed expansion of Q Billiards, 5,000 square feet
The number of required parking stalls is based on the square footage of
the building, not the uses within the shopping center. Based on the plat of survey, there are 158
parking stalls provided for the shopping center, with 27, 973 square feet of
building area. Therefore, 112 parking
stalls are required per the Zoning Ordinance (4 parking stalls/1,000 gross
square foot of building area.).
Q Billiards tends to be busiest when the other establishments in the
shopping center are closed.
Proposed signage is required to comply with the Sign Code, including wall, window and free-standing signage.
The variation request
must address the following criteria for approval:
1. Whether the general character of the
property will be adversely altered.
2. Whether the overall value of the property will be improved and there will not be any potential adverse effects on the neighboring properties.
3. Whether the alleged need for the variation has been created by any person presently having a proprietary interest in the premises.
4. Whether the proposed variation will impair an adequate supply of light and air in adjacent property, substantially increase congestion in the public streets, increase the danger of fire or endanger the public safety.
5. Whether the proposed variation will adversely alter the essential character of the neighborhood.
Staff Findings/Recommendations
Staff does not object to the petition.
Staff believes the proposed use is appropriate for this site and
therefore recommends approval of this petition.
Staff is not aware of any complaints
regarding Q Billiards.
Staff finds the proposed variation will not adversely alter the character of the property or the neighborhood, nor will it create adverse impacts onto adjacent properties, nor will it increase congestion in the public streets. Therefore, staff recommends the Commission make the following recommendation to grant the variation:
Based
upon the submitted petition and the information presented, the request
associated with PZC 20010-10 is in conformance with the standards of the Darien
City Code and, therefore, I move the Planning and Zoning Commission recommend
approval of the petition.
Planning and Zoning Commission Review – August 18, 2010
The Planning and Zoning Commission considered this matter at its meeting on August 18, 2010. The following members were present: Beverly Meyer – Chairperson, Robert Erickson, Donald Hickok, Ronald Kiefer, John Lind, Susan Vonder Heide and Michael Griffith – Senior Planner.
Members absent: Gloria Jiskra, Raymond Mielkus, Kenneth Ritzert
and
Michael Griffith, Senior Planner, reviewed the staff agenda memo. He noted that the use was legally established but over time with the City adopting a new Zoning Ordinance in 2000, the permitted uses for the various zoning district changed, which caused the petitioner’s use to be come nonconforming.
Mr. Griffith stated staff checked with the Darien Police Department to see if there were any issues. He stated the Police Department did not have any concerns, calls to Q Billiards are similar to other liquor establishments.
Robert Taft, the petitioner, was present. He stated the larger space will allow for private parties and to allow more food service.
Commissioners Hickok and Lind noted that it will get rid of an empty space and that there have not been problems in the past.
There was not anyone in the public to offer comments.
Without
further discussion, Commissioner Vonder Heide made the following motion,
seconded by Commissioner Kiefer:
Based
upon the submitted petition and the information presented, the request
associated with PZC 20010-10 is in conformance with the standards of the Darien
City Code and, therefore, I move the Planning and Zoning Commission recommend
approval of the petition.
Upon a roll call vote, THE MOTION CARRIED by a vote of
6-0.
(Commissioners Jiskra, Mielkus and Ritzert were
absent.)
Staff Comments – Municipal Services Committee
Based on the recommendation by the Planning and Zoning Commission, staff recommends the Committee make the following recommendation to approve the variation petition:
Based
upon the submitted petition and the information presented, the request
associated with PZC 20010-10 is in conformance with the standards of the Darien
City Code and, therefore, I move the Municipal Services Committee recommend
approval of the petition.
Municipal Services Committee
Review – August 23, 2010
The Municipal Services Committee considered this matter at its meeting
on August 23, 2010. The following
members were present: Alderman Joseph
Marchese – Chairman, Alderman
Robert Taft, Q Billiards, the petitioner, was present.
Michael Griffith, Senior Planner, reviewed the
staff agenda memo and noted the Planning and Zoning Commission’s
recommendation.
There was not anyone from the public to offer comments.
The Committee did not have any questions or concerns.
Without further discussion, Alderman
Schauer made the following motion, seconded by Alderman Galan:
Based upon the submitted petition and the information presented, the
request associated with PZC 20010-10 is in
conformance with the standards of the Darien City Code and, therefore, I move
the Municipal Services Committee recommend approval of the petition.
Upon a voice vote, THE MOTION CARRIED by a vote of 3-0.