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Home My WebLink AboutG77-94 N , Ordinance No. G77-94 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A MOTOR VEHICLE REPAIR SHOP AT 2465 SOUTH STREET WHEREAS, written application has been made for an AB Area Business District conditional use for a motor vehicle repair shop at 2465 South Street; and WHEREAS, the Zoning and Subdivision Hearing Board 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 Zoning and Subdivision Hearing Board. 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 made by the Zoning and Subdivision Hearing Board, 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 motor vehicle repair shop at 2465 South Street and legally described as follows : LOT 3 IN DARLENE MCDERMOTT SUBDIVISION, BEING A SUBDIVISION OF PART OF THE SOUTHWEST QUARTER OF SECTION 16, PART OF THE SOUTHEAST QUARTER OF SECTION 17, PART OF THE NORTHEAST QUARTER OF SECTION 20 AND PART OF THE NORTHWEST QUARTER OF SECTION 21, ALL IN TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN THE THE CITY OF ELGIN, ELGIN TOWNSHIP, KANE COUNTY, ILLINOIS. be and is hereby granted subject to the following conditions : 1 . Substantial compliance with the preliminary site plan prepared by Martin Design Partnership, dated June 27, 1994, revised on November 3, 1994 and on November 21, 1994 . 2 . The following improvements and minor changes to the above referenced site plan shall be allowed subject to compliance with all applicable �i.. codes and ordinances, and without requiring an amendment to the conditional use ordinance: tow -- minor adjustments to the location of parking lots and buildings as approved by the Development Administrator; -- signs; -- fences; and -- obstructions in yards . 3. Compliance with all applicable codes and ordinances, and the terms and conditions of the Funk Property Annexation Agreement. Section 3 . That the conditional 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 immediately after its passage in the manner provided by law. George anDeVoorde, Mayor Presented: December 14, 1994 Passed: December 14, 1994 Omnibus Vote: Yeas 7 Nays 0 Recorded: December 15, 1994 Published: Attest: Dolonna Mecum, City Clerk October 19, 1994 FINDINGS OF FACT ZONING AND SUBDIVISION HEARING BOARD CITY OF ELGIN I . SUBJECT Consideration of Petition 42-94 Requesting an AB Area Business District Conditional Use for Motor Vehicle Repair; Property Located at 2465 South Street; by Merlin Corporation, as Applicant, and LaSalle National Trust, #116522, as Owner. II . CONSIDERATIONS A petition has been filed by the Merlin Corporation requesting AB District conditional use approval for a motor vehicle repair business . The subject property is located at 2465 South Street. The petitioner proposes to develop the property with a muffler and brake shop. The proposed building includes a second tenant space to be occupied by a restaurant. III . FINDINGS After due notice, as required by law, the Zoning and Subdivision Hearing Board held a public hearing on Petition 42-94 on October 5, 1994 . The applicant presented the petition. There were no objectors . A Petition Review, dated September 16, 1994, was submitted by the Planning Department, which neither recommended approval nor denial of Petition 42-94 . This Petition Review, along with the exhibits attached thereto, and the written transcription of the proceedings of the public hearing, are attached hereto and made a part hereof. The Zoning and Subdivision Hearing Board made the following findings with respect to Petition 42-94 : Exhibit A Page 1 FOF42 . 94/PZTEXT/3000DV.SV/3200PD.PC/3220CN.US/322000N.94/PET42 .94 • A. Site Characteristics The subject property is unimproved. The property is relatively flat. B. Sewer and Water The subject property is in the service area of the Bowes Interceptor Sewer. Sanitary sewer service is proposed to be provided on an interim basis through a temporary connection to the Airlite lift station. Water service is available from a 16 inch watermain located along South Street. Storm water is proposed to be collected onsite and piped to a detention basin which outlets into Otter Creek. C. Traffic and Parking Access to the subject property will be via a private street which will intersect with South Street. No direct access will be allowed from the subject property onto Randall Road. The intersection of Randall Road and South Street is controlled with traffic signals . Traffic generation information is unavailable for motor vehicle repair uses. Restaurants generate approximately 164 weekday vehicle trips per 1,000 square feet of floor area. Accordingly, the proposed 1,820 square foot restaurant can be expected to add 298 vehile trips onto the street system. A total of 45 off-street parking spaces are required to serve the proposed motor vehicle repair use and restaurant. The petitioner proposes to provide 45 off-street parking spaces. The number of spaces required is based on the number of service bays and the number of employees for the motor vehicle repair use, and on the gross floor area for the restaurant use. D. Zoning History The subject property was annexed and zoned B-3 Service Business District in 1990. The property was rezoned to AB Area Business District in 1992 . Page 2 FOF42 . 94/PZTEXT/3000DV.SV/3200PD.PC/3220CN.US/322000N.94/PET42 .94 E. Zoning Status The subject property is being developed with the Otter Creek Shopping Center. The property is being developed pursuant to the terms and conditions of an annexation agreement and the underlying zoning. F. Surrounding Land Use and Zoning The subject property is located within an area zoned AB Area Business District. The area located along both sides of Randall Road, between the Randall/South intersection and U.S. Route 20 is developing with commercial uses typically found in major retail centers . G. Trend of Development The area in which the subject property is located is developing as a major retail center on Elgin's southwest side. H. Comprehensive Plan • The subject property is designated "area business" . IV. RECOMMENDATIONS On a motion to recommend approval of Petition 42-94, subject to the following conditions : 1. Substantial conformance with the Preliminary Site Plan prepared by Martin Design Partnership, dated June 27, 1994 . 2 . The following improvements and minor changes to the above referenced site plan shall be allowed subject to compliance with all applicable codes and ordinances, and without requiring an amendment to the conditional use ordinance: - minor adjustments to the location of parking lots and buildings as approved by the Development Administrator, - signs, fences, and - obstructions in yards . . Page 3 FOF42 . 94/PZTEXT/3000DV.SV/3200PD.PC'/3220CN.US/3220O0N.94/PET42 .94 3. Compliance with all applicable codes and ordinances, and the terms and conditions of the Funk Property Annexation Agreement. the vote was five yes and zero no. Therefore, the motion to recommend approval of Petition 42-94 was adopted. Denise Harding Hop. 'n , • Chai��z Zoning and Subdivision Hearing Board T oommas J. k fnstrong, Secr y Zoning and Subdivision Hearing Board Page .4 F0F42 .94/PZTEXT/3000DV.SV/3200PD.PC/3220CN.US/3220O0N. 94/PET42.94