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HomeMy WebLinkAboutG100-98 E Ordinance No. G100-98 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A MOTOR VEHICLE REPAIR BUSINESS ( 826 South McLean Boulevard) WHEREAS, written application has been made for a PNB Planned Neighborhood Business District conditional use for a motor vehicle repair business 826 South McLean Boulevard; 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 1 . That the City Council of the City of Elgin hereby adopts the findings and recommendation made by the Zoning and Subdivision Hearing Board, a copy of which is attached hereto and made a part hereof by reference as elift Exhibit A. Section 2 . That a conditional use for a motor vehicle repair business at 826 South McLean Boulevard and legally described as follows : THAT PART OF THE NORTHWEST QUARTER OF SECTION 27, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS : COMMENCING AT THE NORTHWEST CORNER OF SAID QUARTER; THENCE EASTERLY ALONG THE NORTH LINE OF SAID QUARTER, 1293 . 18 FEET TO THE MOST NORTHERLY NORTHEAST CORNER OF COLLEGE GREEN UNIT 2 , BEING A SUBDIVISION OF PART OF SAID NORTHWEST QUARTER OF SECTION 27 AND PART OF THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN FOR A POINT OF BEGINNING; THENCE CONTINUING EASTERLY ALONG SAID NORTH LINE, 625 . 27 FEET TO THENCE CENTER LINE OF MCLEAN BOULEVARD; THENCE SOUTHERLY ALONG SAID CENTER LINE, BEING A CURVE TO THE LEFT HAVING A RADIUS OF 34, 377 . 50 FEET, 1136 . 44 FEET TO THE MOST EASTERLY NORTHEAST CORNER OF COLLEGE GREEN, UNIT 1, BEING A SUBDIVISION OF PART OF SAID NORTHWEST QUARTER OF SECTION 27 ; THENCE WESTERLY ALONG A NORTHERLY LINE OF SAID COLLEGE GREEN, UNIT 1, 390 . 0 FEET TO AN ANGLE emk IN SAID NORTHERLY LINE; THENCE NORTHERLY ALONG AN EASTERLY LINE OF SAID COLLEGE GREEN, UNIT 1, FORMING AN ANGLE OF 89 DEGREES, 34 MINUTES, 7 SECONDS WITH THE LAST DESCRIBED COURSE (MEASURED COUNTER-CLOCKWISE THEREFROM) 392 . 57 FEET TO AN ANGLE IN SAID EASTERLY LINE; THENCE NORTHWESTERLY ALONG AN EASTERLY LINE OF SAID COLLEGE GREEN, UNIT 1 AND AN EASTERLY LINE OF SAID COLLEGE GREEN, UNIT 2 , FORMING AN ANGLE OF 198 DEGREES, 3 MINUTES, 22 SECONDS WITH THE LAST DESCRIBED COURSE (MEASURED COUNTER- CLOCKWISE THEREFROM) 329 . 70 FEET TO THE POINT OF BEGINNING (EXCEPTING THEREFROM THAT PART THEREOF LYING WITHIN 50 . 0 FEET OF THE CENTERLINE OF MCLEAN BOULEVARD AND ALSO EXCEPTING THEREFROM THAT PART THEREOF DEDICATED FOR ROADWAY PURPOSES BY DOCUMENT 1926240 AND THOSE PARCELS LYING NORTH AND SOUTH OF SAID DEDICATED LAND) IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. be and is hereby granted subject to the following conditions : 1 . Substantial conformance with the revised Development Plan prepared by Robert P. Lizzo, Architect. 2 . Motor vehicle body repair and paint shops shall be prohibited. Motor vehicles waiting to be repaired shall not be parked or stored outdoors over night. No test driving of motor vehicles shall occur within the College Green Subdivision. 3 . 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, May Presented: December 16, 1998 Passed: December 16 , 1998 Omnibus Vote: Yeas 6 Nays 0 Recorded: December 17, 1998 Published: Attest: Dolonna Mecum, City Clerk November 18 , 1998 FINDINGS OF FACT Zoning and Subdivision Hearing Board City of Elgin, Illinois SUBJECT Consideration of Petition 75-98 Requesting a Conditional Use for a Motor Vehicle Repair Business on Property Located in a PNB Planned Neighborhood Business District; Property Located at 826 South McLean Boulevard; by Jilcar Development, L.L.C. , as Applicant and Owner. GENERAL INFORMATION Requested Action: Conditional Use Approval Current Zoning: PNB Planned Neighborhood Business Dist . Intended Use : Motor Vehicle Repair Business Property Location: 826 South McLean Boulevard elk Applicant/Owner Jilcar Development, L.L. C . Planning Coordinator: Tom Armstrong LIST OF EXHIBITS A. City Map (see attached) . B. Zoning Map (see attached) . C. Location Map (see attached) . D. Petitioner' s Statement and (see attached) . Development Plan prepared by Robert P. Lizzo, Architect BACKGROUND An application has been filed by Jilcar Development, L.L.C. requesting conditional use approval for a motor vehicle repair few Exhibit A FINDINGS OF FACT Zoning and Subdivision Hearing Board -Petition 75-98 November 18 , 1998 business on property located in a PNB Planned Neighborhood Business District . The subject property is located at 826 South McLean Boulevard (reference Exhibits A, B and C) . The proposed motor vehicle repair business would occupy a portion of a 44 , 000 square foot shopping center, now under construction. The proposed use would occupy the south portion of the building, which faces Torrey Pines Drive (reference Exhibit D) . FINDINGS After due notice, as required by law, the Zoning and Subdivision Hearing Board held a public hearing in consideration of Petition 75-98 on November 18 , 1998 . The applicant testified at the hearing and presented documentary evidence in support of the application. No objectors appeared at the hearing. No written correspondence has been submitted. The Planning Department has submitted a Conditional Use Review, dated November 11, 1998 . The Zoning and Subdivision Hearing Board has made the following findings concerning the requested conditional use : Site Characteristics . The subject property is irregularly shaped parcel, containing approximately 4 . 5 acres of land. The property is being developed with a 44 , 000 square foot shopping center. B. Sewer and Water. The subject property is served through existing sanitary sewer, municipal water, and stormwater control systems . Stormwater detention is provided onsite. C. Traffic and Parking. The subject property is bounded by College Green Drive, South McLean Boulevard, and Torrey Pines Drive . College Green Drive functions as a major collector street . South McLean Boulevard functions as an arterial street . Torrey Pines Drive functions as a local street . The development features two points of access along both College Green Drive and Torrey Pines Drive . The development features a right turn in/right turn out access along South McLean Boulevard. Page 2 FINDINGS/PZTEXT/30'OODV. SV/3200PD. PC/3220CN.US/3220O0N. 98/PET75 . 98 FINDINGS OF FACT Zoning and Subdivision Hearing Board Petition 75-98 November 18, 1998 r Off-street parking is to be provided in conformance with the off-street parking ordinance . D. Zoning History. The subject property was zoned for commercial development in 1988 . The PNB Planned Neighborhood Business District was established in 1998 . E. Surrounding Land Use and Zoning. The areas located to the north and south of the subject property are zoned NB Neighborhood Business District . The area located to the north of the subject property is undeveloped. The area located to the south of the subject property is developed with a motorcycle sales and service center. The area located to the east of the subject property is zoned ORI Office Research Industrial District . The area is developed with a mobile home park. The area located to the west of the subject property is zoned RC1 Residence Conservation District . The area is developed with single family residences . eft The area located to the northwest of the subject property is zoned PRC Planned Residence Conservation District . The area is developed with attached single family residences (townhomes) . F. Trend of Development. The preliminary plan for College Green Subdivision contemplated commercial development on the subject property. The property has been zoned for commercial development since 1988 , when the preliminary plan for the subdivision was approved. G. Comprehensive Plan. The subject property is designated "transportation corridor" by the Elgin Comprehensive Plan. RECOMMENDATION The Zoning and Subdivision Hearing Board recommends the approval of Petition 75-98 . On a motion to recommend the approval of Petition 75-98, subject to the following conditions, the vote was five (5) yes and zero (0) no: eft Page 3 FINDINGS/PZTEXT/3000DV. SV/3200PD. PC/3220CN.US/322000N. 98/PET75 . 98 FINDINGS OF FACT Zoning and Subdivision Hearing Board +.Petition 75-98 November 18 , 1998 tow 1 . Revisions to the Development Plan prepared by Robert P . Lizzo, Architect per the Department of Code Administration, the Water Department, Engineering Department, and the Planning Department . 2 . Substantial conformance with the revised development plan. 3 . Motor vehicle body repair and paint shops shall be prohibited. Motor vehicles waiting to be repaired shall not be parked or stored outdoors over night . No test driving of motor vehicles shall occur within the College Green Subdivision. 4 . Compliance with all other applicable codes and ordinances . Therefore, the motion to recommend the approval of Petition 75-98 was adopted. r?e,(20:10 • r 20AJLA,, C Ralph Tiberi, Chairman Zoning and Subdivision Hearing Board 44:J J Deering, Secretary Zoning and Subdivision Hearin r Page 4 FINDINGS/PZTEXT/3000DV. SV/3200PD. PC/3220CN.US/322000N. 98/PET75 . 98