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HomeMy WebLinkAboutG83-97 • Ordinance No. G83-97 AN ORDINANCE GRANTING A CONDITIONAL USE FOR PLANNED DEVELOPMENT FOR A MOTOR VEHICLE RECYCLING FACILITY AND A MOTOR VEHICLE RECYCLING YARD ( 225 , 250 and 300 Willard Avenue) WHEREAS, written application has been made for a CI Commercial Industrial District conditional use for a planned development for a motor vehicle recycling facility and a motor vehicle recycling yard at 225, 250 and 300 Willard Avenue; 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 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 I . That the City Council of the City of Elgin hereby adopts the findings and recommendation made by the eft,. Zoning arrd Subdivision Hearing Board, a copy of which is .ct t ac- hred hereto and made a part hereof by reference as Exhibit_ A. Section 2 . That a conditional use for a planned development at 225, 250 and 300 Willard Avenue and legally described as follows : PARCEL A: THE NORTH 264 FEET AS MEASURED ALONG THE EAST LINE OF WILLARD AVENUE, OF THE FOLLOWING TRACT OF LAND: BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF SECTION 18 , TOWNSHIP 41 NORTH, RANGE 9 AND THE EAST LINE OF WILLARD AVENUE; THENCE NORTH 1 DEGREE 10 MINUTES EAST 873 . 0 FEET; THENCE SOUTH 88 DEGREES 50 MINUTES EAST 605 . 5 FEET; THENCE SOUTH 0 DEGREES 10 MINUTES WEST 853 . 0 FEET; THENCE SOUTH 89 DEGREES 10 MINUTES WEST 623 . 25 FEET TO THE EAST LINE OF WILLARD AVENUE ALL IN COOK COUNTY (COMMONLY KNOWN AS 225 WILLARD AVENUE) ; PARCEL B: PART OF LOT 18 OF PART OF THE SOUTH HALF OF SECTION 18 , TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS ( PROPERTY LOCATED NORTH OF 225 WILLARD AVENUE) ; • fek PARCEL C: LOTS 19 AND 20 IN COUNTY CLERK' S DIVISION OF UNSUBDIVIDED LAND IN THE SOUTH HALF OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 9 , EAST OF THE THIRD PRINCIPAL MERIDIAN IN COOK COUNTY, ILLINOIS (PROPERTY LOCATED SOUTHEAST CORNER OF WILLARD AND ELGIN AVENUE ( EAST CHICAGO ST. ) ) ; PARCEL D: THAT PART OF LOT 22 OF THE COUNTY CLERK' S DIVISION OF UNSUBDIVIDED LANDS IN THE SOUTH HALF OF SECTION 18 , TOWNSHIP 41 NORTH, RANGE 9 , EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS : COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 22; THENCE NORTH 0 DEGREES, 59 MINUTES, 16 SECONDS EAST ALONG THE WEST LINE THEREOF 838 . 20 FEET FOR THE POINT do OF BEGINNING; THENCE CONTINUING ALONG NORTH 0 DEGREES, 59 MINUTES, 16 SECONDS EAST THE LAST DESCRIBED LINE 107 . 56 TO A POINT ON A LINE THAT IS PARALLEL TO AND 423 . 29 SOUTH OF THE NORTH LINE OF SAID L,OT 22 (AS MEASURED ALONG THE EAST LINE THEREOF) ; THENCE SOUTH 89 DEGREES, 51 MINUTES, 38 SECONDS EAST ALONG SAID PARALLEL LINE 125 . 83 FEET; THENCE NORTH 01. DEGREES, 10 MINUTES, 00 SECONDS EAST AND PARALLLEL WITH THE EAST LINE OF SAID LOT 22 , A DISTANCE OF 100 . 0 FEET TO A LINE THAT IS PARALLEL TO AND 323 . 29 FEET SOUTH OF THE NORTH LINE OF SAID LOT 22 ( AS MEASURED ALONG THE EAST LINE THEREOF) ; THENCE SOUTH 89 DEGREES, 51 MINUTES, 38 SECOND EAST ALONG SAID PARALLEL LINE 150 FEET TO THE WEST LINE OF WIELAND AVENUE ( SAID WEST LINE BEING 33 . 0 FEET WEST OF THE EAST LINE OF SAID LOT 22 ) ; THENCE SOUTH 01 DEGREES, 10 MINUTES, 00 SECONDS WEST ALONG SAID WEST LINE 202 . 88 FEET TO A LINE DRAWN PARALLEL TO AND 838 . 20 FEET NORTH OF THE SOUTH LINE OF SAID LOT 22 (AS MEASURED ALONG THE WEST LINE THEREOF) ; THENCE SOUTH 89 DEGREES, 10 MINUTES, 00 SECONDS WEST ALONG SAID PARALLEL LINE 275 . 62 TO THE POINT OF BEGINNING IN THE CITY OF ELGIN, COOK COUNTY, ILLINOIS (COMMONLY KNOWN AS 250 WILLARD AVENUE) ; PARCEL E: THE SOUTHERLY 1/2 OF THE FOLLOWING DESCRIBED TRACT; THAT PART OF THE SOUTH 1/2 OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 9 , EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS : COMMENCING ON THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 18, THENCE WEST ON THE SOUTH LINE OF SAID SECTION 18, 2161 . 95 FEET TO THE INTERSECTION OF SAID SOUTH LINE OF SAID SECTION 18, WITH THE WEST LINE OF WILLARD AVENUE FOR THE POINT OF BEGINNING; THENCE WEST ALONG SAID SOUTH LINE 306 FEET, THENCE NORTH ON A LINE PARALLEL WITH THE WEST LINE OF WILLARD AVENUE 939 . 61 FEET; THENCE EAST ON A LINE PARALLEL WITH THE SOUTH LINE OF SAID SECTION 18 , 308 FEET TO THE WEST LINE OF WILLARD AVENUE, THENCE SOUTH 1 DEGREE , 10 MINUTES WEST ALONG THE WEST LINE OF WILLARD AVENUE TO THE SOUTH LINE OF SECTION 18, AND THE POINT OF BEGINNING (EXCEPT THE SOUTH 736 . 8 FEET THEREOF) OF COOK COUNTY, ILLINOIS; (COMMONLY KNOWN 250 WILLARD AVENUE) ; PARCEL F: LOTS 3 AND 4 OF SMITH' S SUBDIVISION, BEING A SUBDIVISION OF PART OF LOT 22 OF THE COUNTY CLERK' S SUBDIVISION OF THE SOUTH 1/2 OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 9 , EAST OF THE THIRD PRINCIPAL MERIDIAN, IN THE CITY OF ELGIN, IN COOK COUNTY, ILLINOIS; (COMMONLY KNOWN AS 300 WILLARD AVENUE) ; PARCEL G: THAT PART OF LOT 22 OF THE COUNTY CLERK' S DIVISION OF UNSUBDIVIDED LANDS IN THE SOUTH HALF OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS DESCRIBED AS FOLLOWS : BEGINNING IN THE EAST LINE OF SAID LOT 22 AT A POINT 140 . 29 FEET SOUTH OF THE NORTHEAST CORNER OF SAID LOT 22 ; THENCE SOUTH ALONG THE EAST LINE OF SAID LOT 22 , 283 . 00 FEET; THENCE WEST PARALLEL WITH THE NORTH LINE OF SAID LOT 22 , 183 . 00 FEET; THENCE NORTH PARALLEL WITH THE EAST LINE OF SAID LOT 22 , 283 . 00 THENCE EAST PARALLEL WITH THE NORTH LINE OF SAID LOT 22 , 183 . 00 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PART OF THE ABOVE DESCRIBED PREMISES NOW INCLUDED IN ELGIN, IN COOK COUNTY, ILLINOIS . EXCEPT THAT PART BEING LEGALLY DESCRIBED AS FOLLOWS : THAT PART OF LOT 22 OF THE COUNTY CLERK' S DIVISION OF UNSUBDIVIDED LANDS IN THE SOUTH HALF OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 22, THENCE SOUTH 01 DEGREES 1 . 0 MINUTES, 00 SECONDS WEST ALONG THE EAST LINE THEREOF 323 . 30 FEET THENCE NORTH 89 DEGREES 51 MINUTES 38 SECONDS WEST AND PARALLEL WITH THE NORTH LINE OF SAID LOT 22 , A DISTANCE OF 33 . 0 FEET TO THE WEST LINE OF WILLOW AVENUE TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 89 DEGREES 51 MINUTES 38 SECONDS WEST ALONG THE LAST DESCRIBED LINE 150 . 00 FEET; THENCE SOUTH 01. DEGREES 10 MINUTES 00 SECONDS WEST eft. AND PARALLEL WITH THE EAST LINE OF SAID LOT 22 , A DISTANCE OF 100 . 00 FEET; THENCE SOUTH 89 DEGREES 51 MINUTES 38 SECONDS EAST AND PARALLEL WITH THE NORTH LINE OE SAID LOT 22 , A DISTANCE OF 150 . 00 FEET TO THE WEST LINE OF WILLARD AVENUE; THENCE NORTH 01 DEGREES 10 MINUTES 00 SECONDS EAST ALONG SAID WEST LINE 100 . 00 FEET TO THE POINT OF BEGINNING, IN THE CITY OF ELGIN, COOK COUNTY, ILLINOIS (PROPERTY ADJACENT AND NORTH OF 250 WILLARD AVENUE) . be and is hereby granted subject to the following conditions : 1 . Substantial conformance with the Master Plan for Elgin Super Auto, 225 Willard Avenue, Elgin, Illinois prepared by Land Consultants , Inc . , dated January 27 , 1997 ( revision date of June 25, 1997 ) , 2 . Substantial conformance with the Landscape Plan for Elgin Super Auto (Fence Detail Sheet) , 225 Willard Avenue, Elgin, Illinois prepared by Land consri I tdnts , Inc . , dated September 10, 1997 , encompassing a 100% screen hedge along Willard Avenue, subject to the review and approval of the Planning Department . Fences along Willard Avenue shall be solid wood and a maximum of 8 feet in height . Fences shall have a 5 foot offset extending for 25 feet, as shown, subject to the approval of the Planning I)epart.ment . 3 . There shall be a maximum of two conforming wall signs totalling 80 square feet in surface area located on one building elevation on each building and a maximum of one conforming freestanding sign to be located only at the 225 Willard Avenue location. The freestanding sign shall be a monument type, and shall not exceed 15 feet in height or 80 square feet in surface area . No other signs are to be allowed at any of the motor vehicle recycling yard locations . All other existing signs are to be removed prior to the expansion and occupancy of any of the proposed motor vehicle recycling yards . 4 . Brick veneer shall be installed to a minimum of 8 to 10 feet in height on the Willard Avenue elevations of all buildings . Brick may be substituted with other masonry products , as may be approved by the Planning Department 5 . A Phase I Environmental Assessment shall be conducted on each motor vehicle recycling yard, including soil borings and groundwater samplings , testing for, but not limited to, petroleum products and metals . Duplicates of all test reports shall be provided to the city prior to the expansion and occupancy of any of the proposed motor vehicle recycling yards . Subsequently, all motor vehicle recycling yards are to be environmentally tested and remediated, as needed, annually, as required by the Code Administration Department . 6 . Annual inspections shall be conducted by the Code Administration Department to ensure compliance with the terms of this conditional use . 7 . All motor vehicle recycling facilities and motor vehicle recycling yards are to be brought into full compliance with the conditions of these findings within 18 months of the passage of the ordinance granting a conditional use. 8 . Compliance with all other applicable codes and ordinances . 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 . Kevin Kelly, Mayor Presented : December 17 , 1997 Passed : December 17 , 1997 Omnibus Vote: Yeas 7 Nays 0 Recorded : December 18 , 1997 Published : Attest. : N1-614-"^-&-Do lonna Mecum, City Clerk erk August 20, 1997 FINDINGS OF FACT Zoning and Subdivision Hearing Board City of Elgin, Illinois SUBJECT Consideration of Petition 1-96 Presenting New and Additional Evidence relative to a Request for a CI Commercial Industrial District Conditional Use for a Planned Development featuring a Motor Vehicle Recycling Facility and a Motor Vehicle Recycling Yard; Property located at 225, 250, and 300 Willard Avenue by Sheldon S. Hoffman, Elgin Super Auto Parts, Inc. , as Applicant and Owner. BACKGROUND A revised application has been filed by Attorney Richard E. Zulkey on behalf of Sheldon S . Hoffman, Elgin Super Auto Parts, Inc. , presenting new and additional evidence relative to a request for a CI Commercial Industrial District conditional use for a planned development featuring a motor vehicle recycling facility and a motor vehicle recycling yard. The subject property is located at 225, 250, and 300 Willard Avenue. The Zoning and Subdivision Hearing Board held a public hearing in consideration of the original application on January 17, 1996 and on March 20, 1996 . At that time, a motion to recommend the approval of Petition 1-96 failed by a vote of zero (0) yes and seven (7) no . In September of 1996 and At the request of the applicant, the City Council directed Petition 1-96 back to the Zoning and Subdivision Hearing Board to allow the applicant to introduce new and additional evidence. The applicant completed the revised application on April 23, 1997 . Motor vehicle recycling facilities and motor vehicle recycling yards are subject to the supplementary regulations of the zoning ordinance. Elgin Super Auto Parts, Inc. wants to expand the existing motor vehicle recycling facility and motor vehicle recycling yard located at 225 Willard Avenue. ruk Exhibit A FINDINGS OF FACT Zoning and Subdivision Hearing Board Petition 1-96 August 20, 1997 Page 2 fek FINDINGS After due notice, as required by law, the Zoning and Subdivision Hearing Board held a public hearing reconsidering Petition 1-96 on May 21, 1997 and on August 6, 1997 . The applicant testified at the hearing and presented documentary evidence in support of the application. Objectors appeared at the hearing. No written correspondence objecting to the proposed conditional use has been submitted. The Planning Department has submitted a Conditional Use Review, dated July 18, 1997 . The Zoning and Subdivision Hearing Board has made the following findings concerning the requested conditional use: A. Site Characteristics Standard. The suitability of the subject property for the planned development with respect to its size, shape, and any existing improvements . Findings. The subject properties contain approximately 14 acres of land. Elevations range from 726 feet in the north to 720 feet in the southerly portion of the property for a maximum relief of 6 feet. The properties are located within the flood plain of the Willow Creek tributary to Poplar (e"' Creek, which flows south to Poplar Creek. There are three existing buildings with related parking facilities and four fenced outdoor storage areas on the subject properties . B. Sewer and Water Standard. The suitability of the subject property for the planned development with respect to the availability of adequate water, sanitary treatment, and stormwater control facilities. Findings. The subject properties can be served with sanitary sewer and municipal water. The subject properties can comply with the regulations for stormwater control and flood plain development. C. Traffic and Parking Standard. The suitability of the subject property for the planned development with respect to the provision of safe and efficient on site and off site vehicular circulation designed to minimize traffic congestion. Findings. Willard Avenue is a major collecter street connecting East Chicago Street on the north with Villa Street on the south. Off street parking is to be provided in conformance to the ft Parking Lot Ordinance. D. Zoning History and Zoning Status. The suitability of the subject property for the planned development with respect to FINDINGS/PZTEXT/3000DV.SV/3200PD.PC/3220CN.US/322000N. 96/PET01. 96 FINDINGS OF FACT Zoning and Subdivision Hearing Board Petition 1-96 August 20, 1997 Page 3 (0.'4" the length of time the property has remained undeveloped or unused in its current zoning district. Findings. The subject property was zoned as follows for the years listed. 1928 B Residential District 1950 A Residential District 1960 A Residential District 1961 A Residential District/ D Commercial District 1962 B-4 General Service District/ M-1 Limited Manufacturing District 1992 B-4 General Service District/ M-1 Limited Manufacturing District Present CI Commercial Industrial District The existing motor vehicle recycling facility and motor vehicle recycling yard located at 225 Willard Avenue was established in 1977 . The motor vehicle recycling yard is nonconforming with respect to the 1,000 foot separation requirement, setbacks, screening, and landscaping. (ek E. Surrounding Land Use and Zoning Standard. The suitability of the subject property for the planned development with respect to consistency and compatibility with surrounding land use and zoning. Findings. The Willow Creek tributary to Poplar Creek is located west of the subject properties . This area is zoned CF Community Facility District. The areas located north of the subject properties are zoned CI Commercial Industrial District. The Vandenberg Foods truck maintenance facility is located at the southwest corner of Laurel Street and Willard Avenue. The remaining adjoining areas are undeveloped. A city owned and maintained stormwater detention facility is located east of the subject properties . This facility is zoned CF Community Facility District. Vacant City owned property is located south and east of the subject properties . This property is zoned MFR Multiple Family Residence District. F. Trend of Development Standard. The suitability of the subject property for the planned development with respect to eft its consistency with an existing pattern of development or an identifiable trend of development in the area. Findings. The area of the subject properties is located within a flood plain, and consequently, the area has FINDINGS/PZTEXT/3000DV.SV/3200PD.PC/3220CN.US/322000N. 96/PET01 .96 FINDINGS OF FACT Zoning and Subdivision Hearing Board Petition 1-96 August 20, 1997 Page 4 attracted a variety of unrelated land uses willing to risk damage by flooding. G. Conditional Use for a Planned Development Standard. The suitability of the subject property for the intended conditional use for a planned development with respect to the provisions for the purpose and intent of planned developments and with respect to the purpose and intent of conditional uses : For planned developments as a conditional use, the planned development should demonstrate the following characteristics : 1 . An opportunity to realize a development of demonstrated need with respect to the types of environment available to the public, that would not be possible under the strict application of the other chapters of this title. 2 . The public benefit realized by the establishment of the planned development is greater than if the property were to remain subject to the standard requirements of the zoning district in which it is located. 3 . Extraordinary conditions or limitations governing site design, function, operation, and traffic impact are oek imposed on the planned development. The purpose and intent of the provisions for conditional uses is to recognize that there are certain uses with unique characteristics and unusual impacts on surrounding property, which cannot be properly classified in any particular zoning district without individual review and consideration. 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 intended conditional use has been found to be in substantial conformance to the standards for planned developments . 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. Findings. The subject properties are designated as "mixed commercial and industrial" by the official comprehensive plan. I. Natural Preservation Standard. The suitability of the subject property for the intended planned development with respect to the preservation of all significant natural FINDINGS/PZTEXT/3000DV.SV/3200PD.PC/3220CN.US/322000N. 96/PET01 . 96 FINDINGS OF FACT Zoning and Subdivision Hearing Board Petition 1-96 August 20, 1997 Page 5 features including topography, watercourses, wetlands, and vegetation. Findings. The subject property contains no significant natural features. J. Internal Land Use Standard. 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 intended conditional use has been found to be in substantial conformance to the standards for planned developments . The Planning Department does not make findings regarding the standard for internal land use. PLANNED DEVELOPMENT DEPARTURES AND EXCEPTIONS A planned development may be granted certain departures from the normal standards, regulations, requirements, and procedures of elk the zoning ordinance. The applicant is requesting departures from the following sections of the zoning ordinance: A. Location. Motor vehicle recycling yards are required to be located at least 1,000 linear feet from a residence district or a community facility district. The subject properties adjoin a community facility district and the properties are located within 1,000 linear feet of a residence district. (EZO 19 . 90 .500 Motor Vehicle Recycling Yard. , A. Location. ) B. Setbacks. Motor vehicle recycling yards are required to be setback from a street lot line in an amount equal to the required building setback from a street lot line. Motor vehicle recycling yards shall be setback a minimum of 25 linear feet from any interior lot line. (EZO 19. 90.500 Motor Vehicle Recycling Yard. , D. Setbacks. ) The northerly recycling yard located west of Willard Avenue provides no setback from the westerly and southerly interior lot lines versus the required 25 feet. The southerly recycling yard located west of Willard Avenue provides no setback from westerly and northerly interior lot lines versus the required 25 feet. The northerly recycling yard located east of Willard Avenue eft and north of Mackey Lane (private street) provides a 25 foot setback from Willard Avenue versus the required 30 feet. This recycling yard provides a 25 foot setback from the northerly lot line but no setback along the easterly FINDINGS/PZTEXT/3000DV.SV/3200PD.PC/3220CN.US/322000N. 96/PET01 . 96 FINDINGS OF FACT Zoning and Subdivision Hearing Board Petition 1-96 August 20, 1997 Page 6 elk interior lot line versus the required 25 feet, and this yard provides a 8 foot setback from the southerly interior lot line (Mackey Lane) versus the required 25 feet. The southerly recycling yard located east of Willard Avenue and south of Mackey Lane (private street) provides a 0 foot to 10 setback from Mackey Lane and a 20 foot setback from Sadler Avenue extended (private street) versus the required 30 feet. This recycling yard provides no setback from the southerly interior lot lines versus the required 25 feet. C. Landscaping. Motor vehicle recycling yards are required to be landscaped on all sides with trees and shrubs . Partial compliance is proposed with the setbacks along Willard Avenue and along two of the interior lot lines . RECOMMENDATION The Zoning and Subdivision Hearing Board recommends the approval of Petition 1-96 . On a motion to recommend the approval of Petition 1-96, subject to the following conditions, the vote was four (4) yes and zero (0) no: fek 1 . Substantial conformance with the Master Plan for Elgin Super Auto, 225 Willard Avenue, Elgin, Illinois prepared by Land Consultants, Inc. , dated January 27, 1997 (revision date of June 25, 1997) , encompassing setbacks as specified, landscaping as required for motor vehicle recycling yards, and minimum 8 foot solid. screening fences on all sides of the yards as required for motor vehicle recycling yards . 2 . All motor vehicle recycling facilities and motor vehicle recycling yards are to be brought into full compliance with the conditions of these findings within six months of the passage of the ordinance granting a conditional use. 3 . Compliance with all other applicable codes and ordinances . Therefore, the motion to recommend the approval of Petition 1-96 was adopted. I 1 41 A. Bruce Trego, Chairman - o tem Zoning and Subdivision Hearing Board FINDINGS/PZTEXT/3000DV.SV/3200PD.PC/3220CN.US/322000N. 96/PET01.96 FINDINGS OF FACT Zoning and Subdivision Hearing Board Petition 1-96 August 20, 1997 Page 7 e'ft 1\d %8‘4 ‘4"Adv Jerry Deering, Secretary Zoning and Subdivision Hearing Board emk FINDINGS/PZTEXT/3000DV.SV/3200PD.PC/3220CN.US/322000N. 96/PET01 . 96