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HomeMy WebLinkAboutG17-20 Ordinance No. G 17-20 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT IN THE NB NEIGHBORHOOD BUSINESS DISTRICT AND ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT TO PERMIT CERTAIN DEPARTURES FROM THE ELGIN ZONING ORDINANCE (721 Dundee Avenue) WHEREAS, written application has been made requesting conditional use approval for a planned development to expand the existing parking lot with certain departures from the requirements of the Elgin zoning ordinance at 721 Dundee Avenue; and WHEREAS, the zoning lot with the building containing the premises at 721 Dundee Avenue is legally described herein (the "Subject Property"); and WHEREAS,the Subject Property is located within the NB Neighborhood Business District and ARC Arterial Road Corridor Overlay District; and WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on March 2, 2020, following due notice including by publication; and WHEREAS, the Community Development Department and the Planning and Zoning Commission have submitted their Findings of Fact concerning said application; and WHEREAS, the Community Development Department and the Planning and Zoning Commission recommend approval of said application, subject to the conditions articulated below; and WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Community Development Department and the Planning and Zoning Commission; and WHEREAS,the City of Elgin is a home rule unit and as a home rule unit may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS,zoning, including,but not limited to,this ordinance granting a conditional use in the NB Neighborhood Business District pertains to the government and affairs of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated March 2, 2020, and the recommendations made by the Community Development Department and the Planning and Zoning Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That a conditional use for a planned development to allow the expansion of the existing parking lot with certain departures from the requirements of the Elgin zoning ordinance is hereby granted for the property commonly known as 721 Dundee Avenue, and commonly identified by Kane County Property Index Numbers 06-12-402-003 and 06-12-402- 007, and legally described as follows: A tract being Lot 7 in Block 4 of McBride Heir's Second Addition to The City of Elgin, Kane County, Illinois. (commonly known as 721 Dundee Avenue). Section 3. That the conditional use for the Subject Property as authorized by this ordinance shall be subject to the following additional conditions: I. Substantial conformance to the Development Application submitted by Sterling Renaissance, Inc., as applicant, and Kent M. Lucaccioni, as property owner, received October 9, 2019, and supporting documents including: a. 721 Dundee Avenue,Elgin,IL Development Application-Statement of Purpose and Conformance, dated October 2, 2019; b. Undated Plat of Survey, prepared by Four Points Land Surveying, Inc., received October 7, 2019; c. Parking Expansion Landscape Plan, prepared by Krogstand Land Design Limited, dated September 3, 2019, last revised December 2, 2019, with such further revisions as required by the Community Development Director; d. Undated Parking Lot Expansion 721 Dundee Ave. Elgin, IL 60120 site engineering plans Sheets C-1, C-2, C-3, and C-4, prepared by Normal J. Toberman & Associates,LLC,received January 13,2020,with such further revisions as required by the City Engineer; e. A photometric plan, prepared by CREE Lighting, dated December 26, 2019, with such further revisions as required by the Community Development Director; and f. Undated OSQ Series OSQ TM LED Area/Flood Luminaire — Medium by CREE Lighting, received January 13, 2020, with such further revisions as required by the Community Development Director. 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 departure is hereby granted to construct the parking lot expansion with the minimum vehicle use area interior yard setback of 2 feet from the north interior property line. 3. A departure is hereby granted to construct the parking lot expansion with the minimum vehicle use area street yard setback of four feet from the south property line. 2 4. A departure is hereby granted to construct a six-foot high solid,privacy fence of neutral color within the required building street yard setback with a minimum setback of four feet from the south property line. 5. A minimum of twelve (12) parking spaces shall be provided for the existing office use on the property. In the event the existing office use on the property is discontinued, a departure for parking requirements is hereby granted to allow the establishment of any other use on the property authorized as a permitted use [SR] or a similar use to a permitted use [SR] in the underlying NB Neighborhood Business District and the ARC Arterial Road Corridor Overlay District for which the standard parking requirement per the Elgin Municipal Code, as amended, does not exceed 22 parking spaces, and provided there are a minimum of twelve (12)parking spaces located on the property. 6. Compliance with all applicable codes and ordinances. Section 4. That this ordinance shall be in full force and effect upon its passage in the manner provided by law. David J. K in ayor Presented: April 22, 2020 Passed: April 22, 2020 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: April 22, 2020 • Published: April 23, 2020 Attest: Kimberly Dewis, Ci y Clerk 3 FINDINGS OF FACT PETITION 35-19 721 Dundee Avenue EXHIBIT A March 2, 2020 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 35-19, an application by Sterling Renaissance, Inc, as applicant, and Kent M. Lucaccioni, as property owner, requesting approval of a planned development as a conditional use with departures from the Elgin Municipal Code for the vehicle use area street yard setback, vehicle use area interior yard setback,minimum number of parking spaces required, and fence regulations within the required street yard setback to expand the existing surface parking lot at the property commonly referred to as 721 Dundee Avenue and 450 Columbia Avenue. The property is zoned NB Neighborhood Business District and ARC Arterial Road Corridor Overlay District. GENERAL INFORMATION Petition Number: 35-19 Property Location: 721 Dundee Avenue Requested Action: Planned Development as a Conditional Use Current Zoning: NB Neighborhood Business District and ARC Arterial Road Corridor Overlay District Proposed Zoning: No change. NB Neighborhood Business District Existing Use: Law offices Proposed Use: No change. Law offices. Applicant: Sterling Renaissance, Inc. Owner Kent M. Lucaccioni Staff Coordinators: Damir Latinovic,AICP, Senior Planner Recommendation & Findings of Fact Petition 35-19 March 2, 2020 Exhibits Attached: A. Aerial/Location Map B. Zoning May C. Parcel May D. Site Location E. Development Application and Attachments F. Draft Ordinance BACKGROUND Sterling Renaissance, Inc,as applicant, and Kent M. Lucaccioni,as property owner,are requesting approval of a planned development as a conditional use with departures from the Elgin Municipal Code for the vehicle use area street yard setback, vehicle use area interior yard setback, minimum number of parking spaces required, and fence regulations within the required street yard setback to expand the existing surface parking lot at the property commonly referred to as 721 Dundee Avenue and 450 Columbia Avenue. The property is zoned NB Neighborhood Business District and ARC Arterial Road Corridor Overlay District. The approximately 1/4—acre property is located at the northeast corner of Dundee and Columbia Avenues. The property is improved with a 5,400-square foot two-story office building home to KML Ltd. Law offices. The property includes a surface parking lot with six parking spaces in rear of the building and a vacant approximately 4,391-square foot lot east of the parking lot.The vacant lot was previously home to a single-family residence with the address 450 Columbia Avenue.The single-family home was demolished in 1999. The property to the east is a single-family home zoned RC3 Residence Conservation District. The property adjacent to the north is zoned NB Neighborhood Business District and is home to a child day care center. Four properties are located to the south across Columbia Avenue. The property at the corner with frontage along Dundee Avenue is improved with a one-story commercial building home to a hair salon. Two of the three remaining properties to the south are improved with single- family homes, one zoned NB Neighborhood Business District, the other RC3 Residence Conservation District. The fourth property is a vacant lot zoned RC3 Residence Conservation District. -2 - Recommendation & Findings of Fact Petition 35-19 March 2, 2020 UBJECT a PROPERTY Nor = - CnWm4idAv� ` r r Figure 1.Bird's eye of the subject property view looking north(top)and front elevation along Dundee Ave(bottom) The property across Dundee Avenue to the west is zoned NB Neighborhood Business District and is improved with a single-family home,which was converted to a commercial space.The property is currently vacant. Proposal The applicants are proposing to expand the existing parking lot on the vacant lot adjacent to the east. The applicants are proposing to double the number of on-site parking spaces from six to 12 parking spaces.The existing 5,412-square foot building would remain short of the required number of parking spaces, as it is required to have a total of 22 parking spaces(one parking space required per 250 square feet of floor area). Therefore, the applicant is requesting approval of the planned development as a conditional use with a departure from the parking requirement. The property is less than two acres in size and does not qualify for a planned development as a map amendment. -3 - Recommendation & Findings of Fact Petition 35-19 March 2, 2020 In addition, the proposal does not meet several other site design requirements of the NB Neighborhood Business District. The required departures are summarized in the Table 1 below and are further described in the Planned Development Departures and Exceptions portion of this report. Table 1.Detail of Departures for the Proposed Par ing Lot Expansion Required Proposed Vehicle use area 2.26 ft interior yard 6 ft. (from the north side property line) setback Vehicle use area 8 ft 4.33 ft. street yard setback (from the south street property line) Height and style of fence within the 4 ft. /open design fence 6 ft. /solid privacy fence required building street yard setback Parking 22 12 requirement The applicant could expand the parking lot further to the east and provide a few additional parking spaces, instead, however, the applicant has chosen to meet the required transition landscape yard from the east property line adjacent to the single-family home.The proposed parking lot expansion is 35 from the eat property line,which exceeds the 25-foot transition landscape yard requirement. The 12 proposed parking spaces meet the parking needs of the law offices. During the peak demand shift there are up to eight employees in the building and four customers. On-street parking remains available on Columbia Avenue for a rare occasion that additional parking is needed. The transition landscape yard between the parking lot and the east property line would include a six-foot high solid fence of neutral color, two shade trees, and a total of 45 shrubs to screen the parking lot from the adjacent properties. The applicant would also install additional shrubs along the north property line and five new shade trees along Columbia Avenue. One new parking lot light fixture would be installed near the driveway entrance, which will meet all lighting requirements of the zoning ordinance. The Community Development Department offers the following additional information: A. Property History. The property was zoned E Commercial in the City's first zoning ordinance in 1927. In 1962, the property was rezoned to BI Retail Business District. In 1992, the property was rezoned to NB Neighborhood Business District as part of the -4 - Recommendation & Findings of Fact Petition 35-19 March 2, 2020 comprehensive amendment to the zoning ordinance. In 2001, the property became part of the ARC Arterial Road Corridor Overlay District. The existing building on the property was constructed in 1962. The single-family home that was previously located on the vacant lot adjacent to the parking lot, and which is now part of the subject property, was demolished in 1999. B. Surrounding Land Use and Zoning. The property adjacent to the east is a single-family home zoned RC3 Residence Conservation District. The property adjacent to the north is zoned NB Neighborhood Business District and is home to a child day care center. Four properties are located to the south across Columbia Avenue. The property at the corner with frontage along Dundee Avenue is zoned NB Neighborhood Business District and is improved with a one-story commercial building home to a hair salon. Two of the three remaining properties to the south are improved with single-family homes, one zoned NB Neighborhood Business District, the other RC3 Residence Conservation District. The fourth property is a vacant lot zoned RC3 Residence Conservation District. The property across Dundee Avenue to the west is zoned NB Neighborhood Business District and is improved with a single-family home, which was converted to a commercial space. The property is currently vacant. C. Comprehensive Plan. The subject property is designated as Multi-family by the City's 2018 Comprehensive Plan. Multi-family development consists of structures that have multiple dwelling units that are stacked vertically and feature common entrances, stairways,and amenities. Similar to single-family attached development,there are a variety of multi-family residential development throughout the City including apartments, condominiums,and senior housing.The Housing Authority of Elgin also maintains several multi-family public housing communities. Multi-family development should be encouraged along major corridors where it can serve as a buffer between commercial areas and single-family neighborhoods. As with single-family attached development, properties in and around Downtown Elgin should also be targeted for multi-family development where residents are in proximity to numerous community amenities. Multi-family infill of appropriate scale and character should be encouraged while the conversion of single-family homes to multi-family structures should be discouraged. Densities should range from 8 to 140 du/ac. New developments exceeding 60 dwelling units to the acre should be within or immediately adjacent to the Downtown Mixed-use area identified on the Residential Areas Framework Plan and/or at rail stations. Notwithstanding this suggested range, existing multi-family developments should proceed cautiously when considering increasing the existing density. Minimally, factors to consider when evaluating such a proposal include the context and character of the site and surrounding development pattern, availability of parking and mass transit, existing natural resources and open space, and appropriate accommodations for stormwater. - 5 - Recommendation & Findings of Fact Petition 35-19 March 2, 2020 D. Zoning District. The purpose and intent of the NB Neighborhood Business District is to provide for commercial areas supplying daily convenience commodities and services to a neighborhood population. The scale of development of an NB zoning district is limited by the applicable site design regulations due to its function and resulting close proximity to residences. E. Trend of Development. The property is located along the Dundee Avenue corridor. This commercial corridor has historically been developed with small commercial developments on small lots serving the surrounding neighborhoods of northeast Elgin. Typical commercial uses include small insurance, real estate or law offices,retail service uses such as hair salons, and fast food restaurants. Dundee Ave has not experienced any significant new development in recent years. The subject property is one of few that has seen reinvestment in recent years. The existing building was completely renovated in 2018. Improvements to other properties along the corridor include renovation of the Wendy's Restaurant at 1001 Dundee Avenue and the conversion of the former Arby's Restaurant into Dunkin'/Baskin Robbins restaurant at 1169 Dundee Avenue. Staff anticipates the corridor will continue to see reinvestment of existing commercial properties serving the area residents, and possible construction of small scale multi-family developments. FINDINGS After due notice as required by law, the Planning & Zoning Commission conducted a public hearing in consideration of Petition 35-19 on March 2,2020.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 March 2, 2020. The Community Development Department and the Planning & Zoning Commission have made the following findings regarding this application against the standards for planned developments outlined in § 19.60.040, and standards for conditional uses outlined within § 19.65.030: STANDARDS FOR PLANNED DEVELOPMENTS A. Site Characteristics Standard. The suitability of the subject property for the planned development with respect to its size, shape, significant natural features including topography, watercourses and vegetation and existing improvements. Findings. The subject property is suitable for the intended planned development with respect to its size, shape, significant features including topography, watercourses, vegetation, and existing improvements. The 12,243-square foot property is improved with a 5,412-square foot two-story commercial building and a surface parking lot with six parking spaces. The applicant is proposing to expand the parking lot onto the adjacent -6 - I Recommendation & Findings of Fact Petition 35-19 March 2, 2020 vacant lot,which does not contain any trees or landscaping materials. The vacant lot is flat with no significant topographical change. No existing site features including topography, watercourses, vegetation, and property improvements exist that would have a negative impact on the proposed parking lot expansion. B. Sewer and Water Standard. The suitability of the subject property for the planned development with respect to the availability of adequate Municipal water, wastewater treatment and stormwater control facilities. Findings. The subject property is suitable for the intended planned development with respect to the availability of adequate water, sanitary treatment, and storm water control facilities. The property is currently served by municipal water, sanitary sewer, and stormwater systems. The applicant is not proposing to make any changes to the existing water, sanitary sewer, and stormwater systems.The proposed parking lot expansion would seamlessly connect to the existing parking lot and surface drain to the existing manhole and stormwater infrastructure serving the existing building and parking lot. The existing stormwater facilities can accommodate the proposed parking lot expansion and an on-site stormwater detention is not required. C. Traffic and Parking Standard. The suitability of the subject property for the planned development with respect to the provision ofsafe and efficient on-site and off-site vehicular circulation designed to minimize traffic congestion. 1. Nonresidential land uses should be located central and accessible to the area or population served without requiring traffic movements through or into a residential neighborhood. Nonresidential land uses should not be located within residential neighborhoods, but on their periphery as defined by the "arterial street"[SRI system. 2. The number of locations for vehicular access to or from a public right of way should be limited to those which are necessary for the reasonable use of the property and consistent with current traffic engineering standards. Property with two (2) street frontages should not be permitted access to or from the street with the higher degree of continuity within the overall street system or with the higher traffic volume. With the exception of residential driveways, locations for vehicular access to or from a public right of way should be aligned directly opposite existing or approved locations across the street. Findings. The subject property is suitable for the intended planned development with respect to the provision of safe and efficient on-site and off-site vehicular circulation designed to minimize traffic congestion. The property is located at the northeast comer of Dundee and Columbia Avenues. Pedestrian access is provided from Dundee Avenue sidewalk on the west side of the building, and from the parking lot on the east side of the building. The vehicular access to the existing parking lot is from Columbia Avenue. The applicant is proposing to expand the parking lot without any modifications to the existing curb cut and driveway access.No construction would take place in the public right-of-way. - 7 - Recommendation & Findings of Fact Petition 35-19 March 2,2020 The existing use currently operates without any negative effect on the traffic circulation in the neighborhood. The proposed development will not have any negative effect on the existing parking conditions in the neighborhood. In fact,the proposal would reduce the demand for on-street parking by the existing use on the property. Per the zoning ordinance, the existing building is required to provide a total of 22 parking spaces (one parking space per 250 square feet of floor area). However, with eight employees and four customers during the peak demand shift, the true parking demand of the existing use is 12 parking spaces. The applicant is proposing to expand the existing parking lot to accommodate 12 parking spaces on site,which would meet the needs of the existing use. On-street parking, primarily on the north side of Columbia Avenue(on-street parking is prohibited on the south side of Columbia Avenue from 9 AM — 6 PM except Sundays and Holidays) is available should the parking demand exceed the number of parking spaces available on site. D. Zoning History Standard. The suitability of the subject property for the planned development with respect to the length of time the property has remained undeveloped or unused in its current zoning district. Findings. The property is suitable for the intended planned development with respect to the length of time the property has remained undeveloped or unused in its current zoning district.The property was zoned E Commercial in the City's first zoning ordinance in 1927. In 1962,the property was rezoned to B 1 Retail Business District. In 1992,the property was rezoned to NB Neighborhood Business 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. The existing building on the property was constructed in 1962. The single-family home that was previously located on the vacant lot adjacent to the parking lot and which is now part of the subject property was demolished in 1999. The applicant completed extensive interior and exterior renovation of the existing building to accommodate the existing law offices. E. Surrounding Land Use and Zoning Standard. The suitability of the subject propertyfor the planned development with respect to consistency and compatibility with surrounding land use and zoning. Findings. The property is suitable for the intended planned development with respect to consistency and compatibility with surrounding land uses and zoning. The property adjacent to the east is a single-family home zoned RC3 Residence Conservation District. The property adjacent to the north is zoned NB Neighborhood Business District and is - 8 - Recommendation & Findings of Fact Petition 35-19 March 2, 2020 home to a child day care center. Four properties are located to the south across Columbia Avenue. The property at the corner with frontage along Dundee Avenue is zoned NB Neighborhood Business District and is improved with a one-story commercial building home to a hair salon. Two of the three remaining properties to the south are improved with single-family homes,one zoned NB Neighborhood Business District, the other RC3 Residence Conservation District. The fourth property is a vacant lot zoned RC3 Residence Conservation District. The property across Dundee Avenue to the west is zoned NB Neighborhood Business District and is improved with a single-family home, which was converted to a commercial space. The property is currently vacant. F. Trend of Development Standard. The suitability of the subject propertyfor the planned development with respect to consistency with an existing pattern of development or an identifiable trend of development in the area. Findings.The subject property is suited for the intended planned development with respect to consistency with an existing pattern of development or an identifiable trend of development in the area. The property is located along the Dundee Avenue corridor. This commercial corridor has historically been developed with small commercial developments on small lots serving the surrounding neighborhoods of northeast Elgin. Typical commercial uses include small insurance,real estate,or law offices,retail service uses such as hair salons, and fast food restaurants. Dundee Avenue has not experienced any significant new development in recent years. The subject property is one of few that has seen reinvestment in recent years.The existing building was completely renovated in 2018. Improvements to other properties along the corridor include renovation of the Wendy's Restaurant at 1001 Dundee Avenue and the conversion of the former Arby's Restaurant into Dunkin'/Baskin Robbins restaurant at 1169 Dundee Avenue. Staff anticipates the corridor will continue to see reinvestment of existing commercial properties serving the area residents, and possible construction of small scale multi-family developments. G. Planned Development District Standard: The suitability of the subject propertyfor the intended planned development district with respect to conformance to the provisions for the purpose and intent, and the location and size of a zoning district. Findings. This standard is not applicable. The applicant is not seeking approval of a planned development district as a map amendment. H. Comprehensive Plan Standard. The suitability of the subject property for the planned development with respect to conformance to the goals, objectives, and policies of the Official Comprehensive Plan - 9 - Recommendation & Findings of Fact Petition 35-19 March 2, 2020 Findings. The subject property is suitable for the intended planned development with respect to conformance to the goals,objectives,and policies of the Official Comprehensive Plan.The subject property is designated as Multi-family by the City's 2018 Comprehensive Plan. However,since the construction of the existing two-story building on the property in 1962, the property has always been used for commercial purposes. In 2018, the applicant renovated the existing building to accommodate a contemporary office environment for the existing law offices. The proposed parking lot expansion represents the final phase of the reinvestment in the property that would keep the property for commercial use for the foreseeable future. The Comprehensive Plan's designation of this property for Multi-family use merely reflects the recognition by the Comprehensive Plan that all existing commercial properties along Dundee Avenue corridor are not viable for long term commercial use,and represents a goals that certain properties along the corridor should be developed with multi-family uses. The Comprehensive Plan encourages consolidation of smaller properties along the corridor into more viable properties suited for new mixed-use and multi-family developments. The Comprehensive Plan also recognizes the need to preserve certain properties along the corridor for commercial uses which would continue to provide services to the residents from the surrounding neighborhoods. The existing law offices use on the property is exactly the type of development and business that is a desirable amenity along the corridor and provides a necessary service to the community. The scale of the existing two-story building is compatible with the surrounding single-family homes. The proposed parking lot expansion would maintain the required transition landscape yard from the adjacent home and enhance the parking conditions in the neighborhood by providing more on-site parking. The applicant would also install five new street trees along Columbia Avenue, a side street with primarily residential character. While the proposed parking lot expansion, which would maintain the commercial use of the property for the foreseeable future is not consistent with the exact future land use designation for this property, the proposal is consistent with overall goals, objectives and policies of the Comprehensive Plan. I. Conditional Use for a Planned Development: Where applicable, the suitability of the subject property for the intended conditional use for a planned development with respect to the provision for the purpose and intent of planned developments and with respect to the provisions of section 19.65.010 of the zoning ordinance. No conditional use for a planned development should be granted for the sole purpose of introducing a land use not otherwise permitted on the subject property. Findings. The subject property is suitable for the intended conditional use for a planned - 10 - Recommendation & Findings of Fact Petition 35-19 March 2, 2020 development with respect to the provision for the purpose and intent of planned developments and with respect to the provisions of section 19.65.010 of the zoning ordinance. The applicant is proposing a planned development as a conditional use to expand the existing parking lot from six to 12 parking spaces. The approval of several departures is necessary to allow the new parking lot to seamlessly connect to the existing parking lot without any changes to the existing access driveway.The parking lot expansion would maintain the existing, albeit nonconforming, setback from the north side interior lot line and the south side street lot line. The approval of the planned development also allows for the construction of the six-foot high solid fence within the required building street yard setback to achieve optimal screening of the parking lot,which currently does not have any screening. The proposed project represents a desirable reinvestment in an existing commercial building that would have a positive effect on the surrounding properties. J. Natural Preservation Standard. The suitability of the subject property for the intended planned development with respect to the preservation of all significant natural features including topography, watercourses, wetlands, and vegetation. Findings. The subject property is suitable for the intended planned development with respect to the preservation of all significant natural features including topography, watercourses,wetlands, and vegetation. The 12,243-square foot property is improved with a 5,412-square foot two-story commercial building and a surface parking lot with six parking spaces. The applicant is proposing to expand the parking lot onto the adjacent vacant lot, which does not contain any natural features or natural vegetation. No existing site features including topography, watercourses, vegetation, and property improvements exist that would have a negative impact on the proposed parking lot expansion. K. Internal Land Use. The suitability of the subject property for the intended planned development with respect to the land uses permitted within the development being located, designed, and operated so as to exercise no undue detrimental influence on each other or on surrounding property. Findings. The subject property is suitable for the intended planned development with respect to the land uses permitted within the development being located, designed, and operated so as to exercise no undue detrimental influence on each other or on surrounding properties. The applicant is proposing to expand the parking lot and provide additional parking spaces on site to relieve any pressure on the neighborhood due to the need for on- street parking spaces by the employees or customers of the existing law offices. The proposed 12 parking spaces meet the needs of the existing use with eight employees and up to four customers during the peak demand shift. With the proposed parking lot expansion, the existing use will operate with no negative impact on the surrounding properties. - 11 - Recommendation& Findings of Fact Petition 35-19 March 2,2020 PLANNED DEVELOPMENT DEPARTURES AND EXCEPTIONS The applicant is requesting the following departures from the requirements of the zoning ordinance: 1. Sections 19.35.335, "Site Design". The minimum required vehicle use area interior yard setback is six feet. The applicant is proposing a 2.26-foot vehicle use area setback from the north side interior lot line. 2. Sections 19.35.335, "Site Design". The minimum required vehicle use area street yard setback is eight feet. The applicant is proposing a 4.33-foot vehicle use area setback from the street(south) lot line. 3. Sections 19.90.015,"Definitions and Regulations".Within the 25-foot required building street yard setback, the maximum permitted fence is a four-foot high open design fence. The applicant is proposing to install a six-foot high solid privacy fence with a 4.33-foot setback from the street(south) lot line. 4. Sections 19.45.080,"Table of Required Parking". Based on the parking requirement for one parking space per 250 square feet of floor area, the property is required to provide a total of 22 parking spaces. The applicant is proposing a total of 12 parking spaces. Staff finds the proposed departures are appropriate and necessary to improve an existing commercial property. The applicant is proposing to expand the existing parking lot and provide additional on-site parking spaces to eliminate any need for its employees and customers to use the on-street parking, which would improve parking conditions and traffic circulation in the neighborhood. The proposed 12 parking spaces meet the needs of the existing use with a total of eight employees and four customers during the peak demand shift. The proposed parking lot expansion is appropriately designed to seamlessly connect to the existing parking lot. However, the existing parking lot does not meet the vehicle use area interior setback or street setback. Therefore, the proposed parking lot expansion in-line with the existing parking also does not meet those setbacks. To provide the best possible screening of the expanded parking lot, the applicant is proposing to install a six-foot high privacy fence rather than a four-foot high open design fence, which would be permitted by code. The new fence is installed along the east side of the parking lot and just like the parking area encroaches into the required building street yard setback. The applicant would install new shrubs to soften the appearance of the fence from adjacent properties. The proposal represents a desirable investment in an existing commercial property that would have a positive effect on the surrounding neighborhood. - 12 - I Recommendation & Findings of Fact Petition 35-19 March 2,2020 STANDARDS FOR CONDITIONAL USE A. Site Characteristics Standard. The suitability of the subject property for the intended conditional use with respect to its size, shape, significant features including topography, watercourses, vegetation, and existing improvements. Findings.The subject property is suitable for the intended conditional use with respect to its size, shape, significant features including topography, watercourses, vegetation, and existing improvements. The 12,243-square foot property is improved with a 5,412-square foot two-story commercial building and a surface parking lot with six parking spaces. The applicant is proposing to expand the parking lot onto the adjacent vacant lot, which does not contain any trees or landscaping materials. The vacant lot is flat with no significant topographical change. No existing site features including topography, watercourses, vegetation, and property improvements exist that would have a negative impact on the proposed parking lot expansion. B. Sewer and Water Standard. The suitability of the subject property for the intended conditional use with respect to the availability of adequate water, sanitary treatment, and storm water control facilities. Findings. The subject property is suitable for the intended conditional use with respect to the availability of adequate water, sanitary treatment, and storm water control facilities. The property is currently served by municipal water, sanitary sewer, and stormwater systems.The applicant is not proposing to make any changes to the existing water,sanitary sewer, and stormwater systems. The proposed parking lot expansion would seamlessly connect to the existing parking lot and surface drain to the existing manhole and stormwater infrastructure serving the existing building and parking lot. The existing stormwater facilities can accommodate the proposed parking lot expansion and an on-site stormwater detention is not required. C. Traffic and Parking Standard. The suitability of the subject property for the intended conditional use with respect to the provision of safe and efficient on-site and off-site vehicular circulation designed to minimize traffic congestion. Findings. The subject property is suitable for the intended conditional use with respect to the provision of safe and efficient on-site and off-site vehicular circulation designed to minimize traffic congestion. The property is located at the northeast corner of Dundee and Columbia Avenues. Pedestrian access is provided from Dundee Avenue sidewalk on the west side of the building,and from the adjacent parking lot on the east side of the building. The vehicular access to the existing parking lot is from Columbia Avenue. The applicant is proposing to expand the parking lot without any modifications to the existing curb cut and driveway access. No construction would take place in the public right-of-way. The existing use currently operates without any negative effect on the traffic circulation in the - 13 - Recommendation & Findings of Fact Petition 35-19 March 2, 2020 neighborhood. The proposed development will not have any negative effect on the existing parking conditions in the neighborhood. In fact,the proposal would reduce the demand for on-street parking by the existing use on the property. Per the zoning ordinance, the existing building is required to provide a total of 22 parking spaces (one parking space per 250 square feet of floor area). However, with eight employees and four customers during the peak demand shift, the true parking demand of the existing use is 12 parking spaces. The applicant is proposing to expand the existing parking lot to accommodate 12 parking spaces on site, which would meet the needs of the existing use. On-street parking, primarily on the north side of Columbia Avenue(on-street parking is prohibited on the south side of Columbia Avenue from 9 AM — 6 PM except Sundays and Holidays) is available should the parking demand exceed the number of parking spaces available on site. D. Location, Design, and Operation Standard. The suitability of the subject property for the intended conditional use with respect to it being located, designed, and operated so as to promote the purpose and intent of this title and chapter. Findings.The subject property is suitable for the intended conditional use with respect to it being located, designed, and operated so as to promote the purpose and intent of the zoning ordinance. The applicant is proposing to expand the existing parking lot to provide additional parking spaces on-site. This would eliminate the need by any employees and in most instances any customers to use on-street parking spaces. While the parking lot expansion does not meet the minimum setbacks for the vehicle use area because the existing parking lot is nonconforming, the applicant would meet the required transition landscape yard and install a six-foot high solid fence for 100%screening of the parking lot from the adjacent properties. The applicant would also install new trees and shrubs within the transition landscape yard to soften the appearance of the fence from adjacent properties, and install five new street trees to enhance the neighborhood. The proposal would not exercise any detrimental impact on surrounding properties. E. Historic Preservation Standard. Where applicable, the conditional use shall make possible an efficient contemporary use of, or a compatible improvement to a designated landmark or property located in a designated historic district while preserving those portions and features of the property which are significant to its historic, architectural, and cultural values to an historic preservation plan. Findings. This standard is not applicable. The subject property is neither designated as a local historic landmark nor is it located within a locally designated historic district. - 14 - Recommendation & Findings of Fact Petition 35-19 March 2, 2020 RECOMMENDATION The Community Development Department and the Planning & Zoning Commission recommend approval of Petition 35-19, subject to the following conditions: 1. Substantial conformance to the Development Application submitted by Sterling Renaissance, Inc., as applicant, and Kent M. Lucaccioni, as property owner, received October 9, 2019, and supporting documents including: a. 721 Dundee Avenue,Elgin,IL Development Application-Statement of Purpose and Conformance, dated October 2, 2019; b. Undated Plat of Survey, prepared by Four Points Land Surveying, Inc., received October 7, 2019; c. Parking Expansion Landscape Plan, prepared by Krogstand Land Design Limited, dated September 3, 2019, last revised December 2, 2019, with such further revisions as required by the Community Development Director; d. Undated Parking Lot Expansion 721 Dundee Ave. Elgin,IL 60120 site engineering plans Sheets C-1, C-2, C-3, and C-4, prepared by Normal J. Toberman & Associates,LLC,received January 13,2020,with such further revisions as required by the City Engineer; e. A photometric plan, prepared by CREE Lighting, dated December 26, 2019, with such further revisions as required by the Community Development Director; and f. Undated OSQ Series OSQ TM LED Area/Flood Luminaire — Medium by CREE Lighting, received January 13, 2020, with such further revisions as required by the Community Development Director. 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 departure is hereby granted to construct the parking lot expansion with the minimum vehicle use area interior yard setback of 2 feet from the north interior property line. 3. A departure is hereby granted to construct the parking lot expansion with the minimum vehicle use area street yard setback of four feet from the south property line. 4. A departure is hereby granted to construct a six-foot high solid, privacy fence of neutral color within the required building street yard setback with a minimum setback of four feet from the south property line. 5. A minimum of twelve(12)parking spaces shall be provided for the existing office use on the property. A departure is hereby granted to allow the establishment of any other use on the property for which the standard parking requirement per the Elgin Municipal Code, as - 15 - Recommendation & Findings of Fact Petition 35-19 March 2, 2020 amended,does not exceed 22 parking spaces, and provided there are a minimum of twelve (12)parking spaces located on the property. 6. 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 six (6)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 - 16 - 1004 ,. Lincoln Ave Subject Property Petition 35-19 Q a F Columbia Ave I- I a :mow Y 9� EXHIBIT Aerial/Location Map N W+1 5 Map prepared by City of Elgin 0 20 40 80 120 160 Department of Community Development Feet i PG'I Chester Ave Q� c m c� Q, - Q —RC2— Subject C2Subject Property Q Petition 35-19 �c 0 NB Legend Columbia Ave QRC1 Residence Conservation 1 QRC2 Residence Conservation 2 QRC3 Residence Conservation 3 QPRC Planned Residence Conservation — Q SFR1 Single Family Residence 1 QPSFR1 Planned Single Family Residence 1 SFR2 Single Family Residence 2 ^ Q PSFR2 Planned Single Family Residence 2 QTRF Two Family Residence QPTRF Planned Two Family Residence Q MFR Multiple Family Residence QPMFR Planned Mulliple Family Residence QRB Residence Business QPRB Planned Residential Business QNB Neighborhood Business Algona Ave QPNB Planned Neighborhood Business QAB Area Business -PAB Planned Area Business -CCI Center City 1 -CC2 Center City 2 -PCC Planned Center City -ORI Office Research Industrial - -PORI Planned Office Research Industrial -GI General Industrial r -PGI Planned General Industrial -Cl Commercial Industrial i -CF Community Facility -PCF Planned Community Facility Jefferson Ave EXHIBIT Zoning MapN W�F. S Map prepared by City of Elgin 0 40 80 160 240 320 Department of Community Development Feet / I / Subject Property 721 Dundee Ave.&450 Columbia Ave. Petition 35-19 qpQ �c 4 0612402003 0612402007 Columbia Ave i i i I i EXHIBIT Parcel Map N A City of Elgin 0 10 20 40 60 80 Department of Community Development Feet EXHIBIT D SITE LOCATION Dundee721 Avenue Petition • 4. ti UBJECTRJOWidWr PROPERTY r' r 410 Bird's eye view looking north Subject Property Bird's eye view looking south EXHIBIT D SITE LOCATION 721 Dundee Avenue Petition • Front ...� a elevation / • �i i a • elevation . • EXHIBIT D SITE LOCATION Dundee721 Avenue Petition tw View f i, hl of the building and existing parking lot from Columbia