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HomeMy WebLinkAboutG18-89 Ordinance No. G 18-89 AN ORDINANCE GRANTING A SPECIAL USE FOR A PLANNED UNIT DEVELOPMENT (820 Dundee Avenue) WHEREAS, written application has been made for a special use for the establish- ment, maintenance and operation of a commercial/residential planned unit development at 820 Dundee Avenue; and WHEREAS, the Land Use Committee conducted a public hearing after due notice by publication and has submitted its findings of fact and recommended approval; and WHEREAS, the City Council of the City of Elgin concurs in the findings and recommendation of the Land Use Committee. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That the City Council of the City of Elgin hereby adopts the findings of fact made by the Elgin Land Use Committee, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That a special use for a commercial/residential planned unit develop- ment at 820 Dundee Avenue, Elgin, Illinois, legally described as follows: Lot 9 in Block 9 of Grandview Addition to Elgin, in the City of Elgin, Kane County, Illinois. be and is hereby granted subject to the following conditions: I. The residential use of the subject property shall be limited to one dwelling unit on the second floor of the existing structure, with first floor use limited to enclosed parking accessory to the second floor residence and/or permitted uses in the underlying zoning classification. 2. Second floor occupancy shall be limited to a minimum 350 square feet of gross floor area per person residing in the dwelling unit. 3. Payment of a park site cash contribution in the amount of $135.21. Payment due prior to the adoption of an ordinance granting the special use. 4. Eliminate the points of access to Dundee Avenue prior to issuance of a final occupancy permit. 5. Submission and approval of a site plan indicating the following: a. Elimination of the points of access to Dundee Avenue. b. Existing and proposed landscaping. 6. Community graphics shall be limited to one freestanding sign and signs permitted in windows or on awnings. The freestanding sign shall be a maximum eight feet in height and 15 square feet in area, and setback a minimum 15 feet from any public right of way. 7. Compliance with all other applicable codes and ordinances. Section 3. That the special use granted herein shall expire if not established within one year from the date of passage of this ordinance. Section 4. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: March 8, 1989 Passed: March 8, 1989 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: elk s/ Marie Yearman Marie Yearman, City Clerk February 6 , 1989 r FINDINGS OF FACT LAND USE COMMITTEE PLANNING AND LAND USE COMMISSION CITY OF ELGIN I . SUBJECT Consideration of Petition 4- 89 Requesting B- 3 Service Business District Special Use Approval for a Planned Unit Development , property located at 820 Dundee Avenue by David S . Iverson , as Applicant and Owner . II . CONSIDERATIONS A petition has been filed by David Iverson requesting a B- 3 Service Business District special use for a planned unit development . The subject property is located at 820 Dundee Avenue . The petitioner proposes to reside on the second floor of the existing structure , and to utilize the first floor for eft vehicular parking and for custom woodworking business . The subject property was sold by the City of Elgin in 198S . The existing structure is the former Fire Station No . 3 . 11I . FINDINGS_ After due notice , as required by law , the Land Use Committee held a public hearing on the proposed special use on January 17 , 196,9 . The petitioner testified at the hearing and presented documentary evidence . No objectors appeared at the hearing and no written objection to the petition has been filed . The Land Use Committee has made the following findings with respect to Petition 4- 89 : A . Site Characteristics : The subject property is an irregularly shaped parcel located at the intersection of Iluncan Avenue and Dundee Avenue . The property is improved with a two-story masonry structure . The property 1: is two points of driveway access from Duncan Avenue and Dundee Avenue . B . Sewer and Water : The subject property is served by an eight inch sanitary sewer and an eight inch watermain . - Page 1- Exhibit A There i adequate capacity in the sewer and water lines �'" to serve the proposed planned unit development . C . Traffic and Parking : The subject property is located at the corner of Duncan Avenue and Dundee Avenue . Duncan Avenue serves as a neighborhood collector street serving the northeast side of the city. Duncan Avenue • has a design capacity of approximately 10 ,000 vehicles per day . The traffic volume on Duncan Avenue is approximately 3 , 300 vehicles per day ( 1984 count ) . Dundee Avenue serves as a major north- south arterial street serving the east side of the city . Dundee Avenue has a design capacity of approximately 20 ,000 vehicles per day . The traffic volume on Dundee Avenue is approximately 13 , 300 vehicles per day ( 1986 count ) . Data is unavailable to project traffic generated by the proposed custom woodworking business . However , if the first floor of the existing structure was occupied by an office or retail use , traffic generated could range from 26 to 60 vehicle trips per day. The second floor residence can be expected to generate six vehicle trips per day. The commercial/residential planned unit development would be required to provide three off-street parking spaces . One space for the custom woodworking business r and two spaces for the second floor residence . An additional five to six spaces would be required if the first floor of the structure was occupied by an office or retail use . Sources : City of Elgin , Engineering Division . Design Manual , State of Illinois 1984 . Trip Generation , ITE , Third Edition . E. M . C . 19 . 44 Off- street parking . D . Zoning History: 192? E- Comm . 1960 E- Comm . 1962 B- 3 1950 E- Comm . 1961 E-Comm . Present B- 3 E . Zoning Status : The subject property is lawful nonconforming with respect to the building setback from the Duncan Avenue right of way . F . Surrounding Land Use and Zoning : The area located to the immediate north of the subject property is zoned B- 3 . The area is developed with an off-street parking - Page 2- Jot . The area located to the northeast of the subject property is zoned M • 1 . The area is developed with a manuiacturzng plant . The areas located to the south and east of the subject property are zoned B- 3 . These areas are developed with various commercial uses . With the exception of one lot which is zoned R- 3 , the area located to the west of the subject property is zoned R - 2 . The area is developed primarily with single family residences . G. Trend of Development : The Dundee Avenue corridor has developed in a strip commercial pattern of development . H . Comprehensive Plan : The Comprehensive Plan encourages the adaptive reuse of existing structures and the general revitalization of developed areas in the city . The subject property is located in a transition zone between areas designated "area commercial center" and "urban residential" . 1 . Departures from Zoning Ordinance : The proposed mixed use development (business and residential ) is possible only as a planned unit development . Specifically , rft under the standard zoning requirements , residences are not allowed as a permitted use in business districts . J . Planned Unit Development Standards : The proposed commercial/residential planned unit development is in substantial conformance with the planned unit development standards . K . Conditions for Approval ; The Land Use Committee is of the opinion that approval of Petition 4- 89 should be subject to the following conditions : 1 . The residential use of the subject property shall be limited to one dwelling unit on the second floor of the existing structure , with first floor use limited to enclosed parking accessory to the second floor residence and/or permitted uses in the underlying zoning classification . 2 . Second floor occupancy shall be limited to a minimum 350 square feet of grosu floor area per person residing in the dwelling unit . 3 . Payment of a park site cash contribution in the - Page 3- amount of $ 135 . 21 . Payment due prior to the adoption of an ordinance granting the special use . 4 . Eliminate direct access to Dundee Avenue and restore the treebank areas with seed or sod prior to issuance of a final occupancy permit . S . Submission and approval of a site plan indicating the following : a . Elimination of direct access to Dundee Avenue . b . Existing and proposed landscaping . c . Submission and approval of site plan prior to the adoption of an ordinance granting the special use . 6 . Community graphics shall be limited to one freestanding sign . The freestanding sign shall be a maximum eight feet in height and 15 square feet in area , and setback a minimum 15 feet from any public right of way . 7 . Compliance with all other applicable codes and ordinances . IV . RECOMMENDATION rft On a motion to recommend approval of Petition 4- 89 , subject to the conditions for approval , the vote was five ( 5) yes and zero ( 0 ) nu . Therefore , the Land Use Committee recommends approval of Petition 4- 89 . 1Ze-64-4 '74/-Robert W. Siljestr m , Chairman 1 Land Use Committee Planning and Land Use Commission Thomas J . Ar46:; trong , Secret@Iry' 0 Land Use Committee Planning and Land Use Commission - Page 4