HomeMy WebLinkAboutG60-24 Ordinance No. G60-24
AN ORDINANCE
GRANTING A VARIANCE FROM CERTAIN PROVISIONS OF THE STORMWATER
MANAGEMENT ORDINANCE FOR THE PROPERTY COMMONLY KNOWN AS
910 EAST CHICAGO STREET
WHEREAS, the property 910 East Chicago Street (the Subject Property) consists of
approximately 3.62 acres and is improved with a one-story commercial building with accessory
parking lots;and
WHEREAS,the city has pursuant to Title 21 of the Elgin Municipal Code,as amended, (the
"Stormwater Management Ordinance") adopted the Kane County Stormwater Management
Ordinance, as amended, to promote effective, equitable, acceptable and legal stormwater
management measures by establishing reasonable rules and regulations for development that
include managing and mitigating the effects of urbanization on stormwater drainage through
planning, appropriate engineering practices and property maintenance, and through the
promulgation of rules and regulations for protecting the public hearth and safety and reducing the
potential for loss of human life and property from flood damage;and
WHEREAS, the Stormwater Management Ordinance includes standards and procedures for
granting variances from the provisions of the Stormwater Management Ordinance when strict
compliance with the requirements of the Stormwater Management Ordinance is impracticable; and
WHEREAS, Section 203(h)(13)of the Stormwater Management Ordinance requires that the
maximum slope on any portion of a storage facility, including access, shall be four (4) feet of run
for every one(1)foot of rise(4:1);and
WHEREAS, the owner of the Subject Property has applied pursuant to Petition 17-23 for a
variation from the Section 203(h)(13)of the Stormwater Management Ordinance wherein the owner
requests the approval to construct a stormwater detention facility with side slopes in excess of four
(4)feet of run for every one(1)foot of rise(4:1);and
WHEREAS, the detention volume to be provided within the proposed stormwater detention
facilities on the Subject Property satisfies all other requirements of the city's Stormwater
Management Ordinance; and
WHEREAS,the requested variation will not increase the probably of flood damage or create
an additional threat to public health, safety and welfare, nor lessen the degree of protection to any
structure; and
WHEREAS,the Subject Property has been significantly impacted by the unique,and natural
topographical features of the site, and the owner is meeting all of the other requirements of Title 21
relative to the design of the basins; and
WHEREAS, the city's consulting engineer for this matter and the.city engineer have
concurred that the variance submittal is in conformance with the Kane County Stormwater
Management Ordinance requirements;and
WHEREAS, the city's Planning and Zoning Commission unanimously recommended the
approval of the variation request under Petition 17-23.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FO THE CITY OF
ELGIN,ILLINOIS as follows:
Section 1. Incorporation of Preambles. The preambles of this ordinance are hereby
incorporated into this ordinance as if set out herein in full.
Section 2. In accordance with the procedures set forth in Article 9 of the Stormwater
Management Ordinance, Petition 17-23, seeking a variation from the provisions of Section
203(h)(13) of the Stormwater Management Ordinance which requires the maximum slope on any
portion of a storage facility, including access, shall be four (4) feet of run for every one (1) foot of
rise (4:1) and requests the permission to design and build a stormwater detention facility with side
slopes in excess of four (4) feet of run for every one (1) foot of rise (4:1), is hereby granted on the
property at 910 East Chicago Street, Elgin, Illinois, subject to the owner's substantial conformance
with the Application for Stormwater Variation Pursuant to Section 9-204 of the Kane County
Stormwater Ordinance,prepared by Crash Champions, LLC,an Illinois Limited Liability Company,
dated received August 6,2024.
Section 3. That this ordinance shall be in full force and effect immediately after its
passage in the manner provided by law.
David J. ptain ayor
Presented: November 20, 2024
Passed: November 20, 2024 •4, 1
Omnibus Vote: Yeas: 8 Nays: 0 ;"' '
•``fir•
Recorded: November 20, 2024
Published: November 20,2024 ,'
Attest: '� a,. k.
Kimberly De s C C erk
2
EXHIBIT A
October 7, 2024
RECOMMENDATION & FINDINGS OF FACT
OF THE COMMUNITY DEVELOPMENT DEPARTMENT AND
THE PLANNING & ZONING COMMISSION
CITY OF ELGIN, IL
OVERVIEW
Provided herein are the written findings and recommendation of the Community Development
Department and the Planning& Zoning Commission regarding Petition 17-23, an application by
Crash Champions LLC, as applicant, and My Property Holdings, LLC, as property owner,
requesting a stormwater variation to increase the side slope of the proposed stormwater detention
facility from 4:1 to a vertical retaining wall, and any other departures as may be necessary or
desirable,for a recently completed building addition to a multiple-tenant commercial building and
other site improvements at the property commonly referred to as 910 E. Chicago Street.
GENERAL INFORMATION
Petition Number: 17-23
Property Location: 910 E. Chicago Street
Requested Action: Stormwater Variation
Current Zoning: CI Commercial Industrial District and ARC Arterial Road Corridor
Overlay District
Proposed Zoning: No Change(CI Commercial Industrial District and ARC Arterial
Road Corridor Overlay District)
Existing Use: Motor Vehicle Repair Shop
Proposed Use: No change. Motor vehicle repair shop.
Applicant: Crash Champions LLC
Owner My Property Holdings LLC
Staff Coordinator: Damir Latinovic, Senior Planner
Recommendation & Findings of Fact
Petition 17-23
October 7, 2024
Exhibits Attached: A. Aerial/Location Map
B. Zoning Map
C. Parcel Map
D. Site Location
E. Stormwater Variation Application and Findings of Fact
F. Draft Ordinance
BACKGROUND
Crash Champions LLC, as applicant, and My Property Holdings, LLC, as property owner, are
requesting a stormwater variation to increase the side slope of the proposed stormwater detention
facility from 4:1 to a vertical retaining wall, and any other departures as may be necessary or
desirable,for a recently completed building addition to a multiple-tenant commercial building and
other site improvements at the property commonly referred to as 910 E. Chicago Street.
The 3.62-acre property is located on the north side of E. Chicago Street approximately 900 feet
east of Willard Avenue.The property is zoned CI Commercial Industrial District and ARC Arterial
Road Corridor Overlay District. The property is improved with an approximately 24,975-square
foot one-story commercial building and accessory parking lots with 76 parking spaces and one full
access driveway to E. Chicago Street. The building is home to Crash Champions motor vehicle
repair shop and collision repair center which occupies approximately 23,405 square feet of the
existing building,as well as a small approximately 1,570-square foot Enterprise car rental office.
The properties adjacent to the east and west are also zoned CI Commercial Industrial District.The
property to the west is improved with a one-story commercial building occupied with a used car
dealership. The properties adjacent to the east include two one-story commercial buildings. The
building at the front is a vacant former car wash building,while the building in the rear is home to
a motor vehicle repair shop. The property to the south across E. Chicago Street is zoned PAB
Planned Area Business District and is improved with a used car dealership.The properties adjacent
to north are zoned SFR1 Single Family Residence District and are improved with two single-
family homes.
-2 -
Recommendation &Findings of Fact
Petition 17-23
October 7,2024
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Figure 1.Site area map with zoning overlay
Proposal
The applicant is requesting approval of a variation from the stormwater management ordinance
for the stormwater detention facility on site. The applicant is proposing a stormwater detention
facility with vertical walls with side slopes exceeding 4:1 ratio. Per the stormwater management
ordinance,the maximum permitted side slope of a detention facility is four(4)feet of run for every
one(1)foot of rise(4:1).
In 2002, the city granted a building permit to Crash Champions to demolish one of the two
commercial buildings previously located on site and construct an approximately 15,000-square
foot building addition to the other one-story commercial building that was to remain. Crash
Champions recently completed the building addition and all site improvements, which include
surrounding parking lots with 76 parking spaces and a surface stormwater detention facility west
of the parking lot.
- 3 -
Recommendation& Findings of Fact
Petition 17-23
October 7, 2024
',torment ter
•etent,on with the I
retain' •wall
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Figure 2.Aerial view of the recently construted building addition and site improvements
The stormwater detention facility includes a vertical retaining wall to hold the higher grade north
of the stormwater detention.The property features a unique and steep topography with the front of
the property along E. Chicago Street being approximately 26 feet lower than the northern portion
of the property. The northern portion of the property is also very wooded. The property is fairly
narrow with one full access driveway to E. Chicago Street.
The retaining walls were designed to hold the higher grade of the northern portion of the property.
The retaining walls also allow for the preservation of the existing tree line as much as possible. A
gentler slope of the detention facility would have resulted in the removal of additional trees and
leveling of the property grade. Such change to the northern portion of the property would have a
negative effect on the adjacent properties to the north as the existing natural topography and trees
provide the needed screening from the commercial uses along E. Chicago Street.
-4-
Recommendation&Findings of Fact
Petition 17-23
October 7, 2024
` With the proposed variation, the stormwater
Z detention area would still provide the required
Ir'xtsling huikling I volume for stormwater management. The
�; - requested variation would not increase the
.�• :�,� \�-� o�, o .1, .,<� , probability of flood damages or create an
'1.616rLi1 0 0\ &=i': h_" -' additional threat to public health, safety and
ity, — �_ '\ welfare; but it will maximize the volume for
Sllxl»Whlcr � � !
dacnnon facility r, i.
-t> :,a - stormwater runoff and allow the proposed
with the retailing 4 /.art ,4 t
wan . + !' , development with minimal change to the existing
'= 1 s !II` topography of the site.
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Figure 3. Propsoed grading plan
The requested variation from the stormwater management ordinance is summarized in the table
below:
Table 1. Detail of Required Variation—910 E.Chicago Street
Standard Proposed
Sturmwater Detention Side Slope Max. side slope 4:1 Vertical side slope in
excess of 4:1
- 5 -
Recommendation & Findings of Fact
Petition 17-23
October 7. 2024
The Community Development Department offers the following additional information:
A. Property History. The subject property was annexed prior to 1940. By 1950, the front
portion of the property was zoned D Commercial District,while the rear portion was zoned
A Residential District. In 1962, the front portion of the property was zoned B3 Service
Business District, while the rear portion of the property was zoned R2 Single-Family
Residence District. In 1992,the property was rezoned to CI Commercial Industrial District
as part of the comprehensive amendment to the zoning ordinance. In 2001, the property
became part of the ARC Arterial Road Corridor Overlay District.
Up until 2022, the property included two one-story commercial buildings, an approximal
4,439-square foot front building closer to E. Chicago Street, and an approximately 9,840-
square foot rear building. In 2022, the City approved a building permit for the demolition
of the front building and the construction of an approximately 15,135-square foot addition
to the rear building with various site improvements. The building addition and site
improvements were recently completed.
The property is home to a 23,405-square foot Crash Champions shop, a motor vehicle
repair shop and collision repair center, and an approximately 1,570-square foot Enterprise
car rental agency office.
B. Surrounding Land Use and Zoning.The properties adjacent to the east and west are also
zoned CI Commercial Industrial District.The property to the west is improved with a one-
story commercial building occupied with a used car dealership. The properties adjacent to
the east include two one-story commercial buildings. The building at the front is a vacant
former car wash building, while the building in the rear is home to a motor vehicle repair
shop. The property to the south across E. Chicago Street is zoned PAB Planned Area
Business District and is improved with a used car dealership. The properties adjacent to
north are zoned SFR1 Single Family Residence District and are improved with two single-
family homes.
C. Comprehensive Plan.The subject property is designated as Corridor Commercial by the
City's 2018 Comprehensive Plan. Located along the City's heavily traveled corridors and
intersection, Corridor Commercial areas provide retail services to both local and regional
consumer bases. These areas contain a mix of retail from large community centers with
multiple tenants to smaller stand-along businesses.Corridor Commercial areas are the most
widely accommodating and ranging commercial areas within the city. Corridor
Commercial areas are auto-oriented by nature but should also be enhanced to be pedestrian-
friendly.
D. Zoning District. The purpose of the CI Commercial Industrial District is to provide for an
existing pattern of development in which certain commercial uses and industrial uses have
located together.The land uses provided for within the CI Zoning District are also provided
-6-
Recommendation & Findings of Fact
Petition 17-23
October 7, 2024
for within other zoning districts, which in general are more in keeping with the purpose
and intent of the zoning ordinance, and the goals, objectives and policies of the Official
Comprehensive Plan.
E. Trend of Development. The subject property is located along the E. Chicago Street
corridor east of Willard Avenue. The surrounding properties along E. Chicago Street have
historically been improved with auto-oriented commercial uses, such as motor vehicle
dealers, motor vehicle repair shops, and other commercial uses. Staff anticipates the
properties along the E. Chicago Street corridor will continue to be dominated by new and
used motor-vehicle dealers and repair-shops.
FINDINGS
After due notice as required by law, the Planning & Zoning Commission conducted a public
hearing in consideration of Petition 17-23 on October 7, 2024. Testimony was presented at the
public hearing in support of the application. The Community Development Department submitted
a Development Application Review and Written Findings& Recommendation to the Planning&
Zoning Commission dated October 7, 2024.
The Community Development Department and the Planning & Zoning Commission have made
the following findings regarding the application against the standards for variations from the
requirements of the stormwater ordinance outlined within § 904 of the Kane County Stormwater
Ordinance:
STANDARDS FOR STORMWATER ORDINANCE VARIATIONS
The applicant is requesting the following variation from the requirements of the stormwater
ordinance:
1. Sections 203(h)(13), "Site Runoff Storage Requirements (Detention)" of the
Municipal Code. The maximum permitted side slope within a stormwater detention
facility is 4:1. The applicant is proposing vertical walls with a side slope exceeding 4:1
ratio.
Applications for variations from the stormwater ordinance requirements must meet the standards
outlined in §904 of the Kane County Stormwater Ordinance. The applicant has submitted the
Application for Stormwater Variation Pursuant to Section 9-204 of the Kane County Stormwater
Ordinance, prepared by Crash Champions LLC, and Illinois limited liability company, dated
received August 6,2024,which includes the findings of fact regarding the standards for variations
from the Kane County Stormwater Ordinance. Staff concurs with applicant's findings of fact
against the standards for variations from the stormwater ordinance requirements.
-7-
Recommendation & Findings of Fact
Petition 17-23
October 7, 2024
RECOMMENDATION
The Community Development Department and the Planning & Zoning Commission recommend
approval of Petition 17-23,subject to the following conditions:
1. Substantial conformance to the Development Application submitted by Crash Champions
L.L.C.,as applicant,and My Property Holdings LLC,as property owner,received June 20,
2023,and supporting documents including:
a. Application for Stormwater Variation Pursuant to Section 9-204 of the Kane
County Stormwater Ordinance, prepared by Crash Champions, LLC, an Illinois
limited liability company,dated received August 6,2024;
b. Boundary and Topographic Survey, prepared by DesignTek Engineering, Inc.,
dated November 5,2019, last revised March 24,2020; and
c. Final Engineering Plans for Crash Champions 910 E.Chicago Street Elgin, Illinois,
dated February 7,2020, last revised March 29,2021.
In the event of any conflict between such documents and the terms of this ordinance or
other applicable city ordinances, the terms of this ordinance or other applicable city
ordinances shall supersede and control.
2. A variation from the stormwater ordinance is hereby granted to allow the installation of
stormwater detention facilities with vertical walls with side slopes in excess of 4:1 ratio.
3. Compliance with all applicable codes and ordinances.
The vote of the Planning&Zoning Commission on the motion to recommend approval,subject to
the conditions outlined by the Community Development Department, was seven(7) yes, zero(0)
no, and zero(0)abstentions. All members were present.
Respectfully Submitted,
s/Jay Cox
Jay Cox,Chairman
Planning&Zoning Commission
s/Damir Latinovic
Damir Latinovic,AICP; Secretary
Planning&Zoning Commission
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Petition 17-23
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EXHIBIT Aerial/Location Map N
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0 50 100 200 300 400
Map prepared by City of Elgin Feet
Department of Community Development
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Legend
QRC1 Residence Conservation 1
RC2 Residence Conservation 2 S
ORC3 Residence Conservation 3
QPRC Planned Residence Conservation
O SFR1 Single Family Residence 1 FCy
O PSFR1 Planned Single Family Residence /Cq00
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O SFR2 Single Family Residence 2
O PSFR2 Planned Single Family Residence
QTRF Two Family Residence
OPTRF Planned Two Family Residence PA 6 -
O MFR Multiple Family Residence
OPMFR Planned Multiple Family Residence
RB Residence Business
QPRB Planned Residential Business
-NB Neighborhood Business
-PNB Planned Neighborhood Business
-AB Area Business CF- P PAB Planned Area Business PAB
-CC,Center City 1
-CC2 Center City 2
-PCC Planned Center City fv1ACKEY LN
-ORI Office Research Industrial 1��f L i)
MI PORI Planned Office Research Industrial - U.1
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MillGI General Industrial C
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JOYCE LN
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-CF Community Facility (f)
-PCF Planned Community Facility CO-
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EXHIBITB Zoning Map
S
Map prepared by City of Elgin 0 60 120 240 360 480 Feet
Department of Community Development
Subject Property
910 E. Chicago St.
Petition 17-23
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EXHBIIT C Parcel Map
City of Elgin x ac EC 120 160
Department of Community Development Fee;
EXHIBIT D
SITE LOCATION
910 E. Chicago Street
Petition 17-23
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EXHIBIT D
SITE LOCATION
910 E. Chicago Street
Petition 17-23
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EXHIBIT E Received 08/06/2024
State of Illinois )
County of Kane )SS
APPLICATION FOR STORMWATER VARIATION
PURSUANT TO SECTION 9-204 OF THE KANE COUNTY STOPRMWATER ORDINANCE
The undersigned Crash Champions, LLC, an Illinois limited liability company
("Applicant"), being the proposed developer of the land described on Exhibit A attached hereto, does
hereby request the following variances (the "Variance"):
1. Allow the maximum sidewall slope to exceed 4:1 (as shown on the engineering plans).
This application is being filed with the City of Elgin ("City") contemporaneously with the filing of an
application for a stormwater management permit. In support of this variance request, the Applicant
provides the following information:
1. The common address and legal description of the site are as set forth on Exhibit A attached hereto.
2. The persons identified in subsections 9-104A1 and A2 of the Kane County Stormwater Ordinance;
(a) The Owner is My Property Holdings, LLC, an Illinois limitied libaility company.
(b) The Developer is the Applicant identified in the opening paragraph of this Application.
3. The names and addresses of all consultants retained in connection with the application for a variance;
Scott Schreiner, PE, President
DesignTek Engineering, Inc.
9930 W. 190th Street
Suite L
Mokena, IL 60448
708-326-4961 phone
sschreiner@dtekcorp.com
4. The names and addresses of all owners of record of land within two hundred fifty feet (250') of the
site;
See Exhibit B attached hereto
5. The specific feature or features of the development that require a variance;
(a) The site has significant elevation changes from north to south
(b) A retaining wall is required to support the grade.
6. The specific provisions of the Kane County Stormwater Ordinance from which a variance is sought
and the precise extent of the variance therefrom;
(a) Allow the maximum sidewall slope to exceed 4:1 (as shown on the engineering
plans).
7. A statement of the characteristics of the development that prevent compliance with the provisions of
the Kane County Stormwater Ordinance;
See answer to #5 above.
8. The Variances requested are the minimum variances necessary to permit the development;
In support of this variance request, the Applicant states that the requested Variances satisfy the standards
set forth in section 9-205 of the Kane County Stonnwater Ordinance as follows:
1. The Variances will not increase the probability of flood damage or create an additional threat to the
public health, safety and welfare.
2. The Variances are the minimum required considering each of the following statements of policy
underlying this chapter and there are no means other than the requested Variances by which the
demonstrated hardship can be avoided or remedied to a degree sufficient to permit the reasonable
continuation of the development:
a. Site runoff storage of stormwater shall contribute to the improvement of the quality of stormwater
runoff.
b. The volume of site runoff storage provided in open air vegetated facilities is maximized consistent
with other site constraints on land use, including zoning requirements essential for the proposed
development.
c. Conveyance of stonnwater shall not disproportionately absorb the design capacity of existing off site
conveyance facilities for any storm event from the 2-year to the 100-year flood frequency.
3. The Variances are not requested solely for the purpose of increasing the density of the development
nor impervious areas on the site.
4. The Variances are not requested solely as a result of economic hardship.
5. The Variances are required due to unique, natural topographical features of the site.
6. The Applicant's circumstances are not self-imposed.
IN WITNESS WHEREF,the Applicant, being first duly sworn on oath, attests that(i) it has read and
understands the provisions of the Kane County Stormwater Ordinance and agrees to bind itself to the
permitting authority to comply therewith,and (ii)that the statements made in this Application for
Variance or true and correct in all material respects.
Dated this 27th day of April,2023
Crash Champions,LLC,an Illinois limited liability company
By: 11l l 11111 11 l i II II 1111 1
Mark Kehoskie,Or of Its Attorneys
Subscribed and sworn to before mc, this 27th day of April,2023.
Notary Public
M Commision Expires:
V
022
EXHIBIT A
LEGAL DESCRIPTION OF SUBJECT PROPERTY
EXHIBIT B
NAMES AND ADDRESSES OF ALL OWNERS OF RECORD OF LAND WITHIN TWO
HUNDRED FIFTY FEET(250')OF THE SITE