Loading...
HomeMy WebLinkAboutG61-01 ' Ordinance No. G61-01 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT TO PERMIT THE CONSTRUCTION OF AN EATING PLACE WITH A DRIVE THROUGH FACILITY WITHIN AN AB AREA BUSINESS DISTRICT AND ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT (1566 Larkin Avenue) WHEREAS, written application has been made for a conditional use for a planned development which will allow for the construction of an eating place with a drive through facility within the AB Area Business District and an Arterial Road Corridor Overlay District at 1566 Larkin 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 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, dated August 1, 2001, 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 planned development which will allow for the construction of an eating place with a drive through facility within the AB Area Business District and an Arterial Road Corridor Overlay District at 1566 Larkin Avenue and legally described as follows : LOT 2 IN FIRST ADDITION TO HARRIS OIL SUBDIVISION, BEING A RE-SUBDIVISION OF LOT 2 IN HARRIS OIL SUBDIVISION IN PART OF THE SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED IN THE RECORDER' S OFFICE OF KANE COUNTY ON AUGUST 11, 1972 AS DOCUMENT 1235943 , BEING SITUATED IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS (PROPERTY COMMONLY KNOWN AS 1566 LARKIN AVENUE) . be and is hereby granted subject to the following conditions : 1 . Substantial conformance with Site Plan prepared by Compass Consulting Group, Ltd. , dated 07/16/01 . Revisions shall be made, if found necessary or not in code compliance, per the Department of Code Administration and Development Services . 2 . Substantial conformance with the Landscape Plan prepared by D.T. Donohue and Associates, Ltd. , dated 06/13/01 . Revisions shall be made thereto, if found necessary or not in code compliance, per the Department of Code Administration and Development Services . 3 . Substantial conformance with the Exterior Elevations prepared by Richard A. DalBello, undated. Revisions shall be made, if found necessary or not in code compliance, per the Department of Code Administration and Development Services . 4 . Compliance with all other applicable codes and ordinances . 5 . 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. Ed Schock, Mayor Presented: August 22, 2001 Passed: August 22 , 2001 Omnibus Vote : Yeas : 7 Nays : 0 Recorded: August 23 , 2001 Published: Attest : �9" Do onna Mecum, City Clerk August 1,2001 FINDINGS OF FACT Zoning and Subdivision Hearing Board City of Elgin, Illinois SUBJECT Consideration of Petition 42-01 Requesting a Conditional Use for a Planned Development for an Eating Place with a Drive Through Facility in the ARC Arterial Road Corridor Overlay District and the AB Area Business District, Property Located at 1566 Larkin Avenue by Krystal Enterprises as Applicant,and Union National Bank and Trust Company of Elgin,as Trustee under Trust Agreement Dated October, 20, 1997 and Known as Trust Number 1464, as Owner. GENERAL INFORMATION Requested Action: Planned Development Approval Current Zoning: AB Area Business District and ARC Arterial Road Corridor Overlay District Existing Use: Eating Place Proposed Use: Eating Place with a Drive Through Facility Property Location: 1566 Larkin Avenue Applicant: Krystal Entemrises Owner: Union National Bank and Trust Company of Elgin as Trustee Staff Coordinator: Todd Wyatt, Associate Planner LIST OF EXHIBITS A. Location Map (see attached) B. Zoning Map (see attached) C. Parcel Map (see attached) D. Aerial Photograph (see attached) E. Photographs of Site (see attached) Exhibit A Findings of Fact Zoning and Subdivision Hearing Board Petition 42-01 August 1, 2001 F. Statement of Purpose and Conformance (see attached) G. Development Plan (see attached) H. Draft Planned Development Ordinance (see attached) BACKGROUND An application has been filed by Krystal Enterprises requesting a conditional use for a planned development to establish an eating place(restaurant)with an accessory drive through facility in the AB Area Business District and the ARC Arterial Road Corridor Overlay District. The subject property is located at 1566 Larkin Avenue (reference Exhibits A, B, C, D and E). The applicant proposes to demolish the existing Beef Villa restaurant and construct a new building for the same restaurant. The new building will be located closer to the street, have parking on the side and the rear of the building and will have a drive through window(reference Exhibits F, G and H). FINDINGS After due notice, as required by law, the Zoning and Subdivision Hearing Board held a public hearing in consideration of Petition 42-01 on July 18, 2001. The applicant testified at the public hearing and presented documentary evidence in support of the petition. Written correspondence has been received from surrounding property owners commenting on the proposal. The Community Development Group has submitted a Planned Development Review dated July 10, 2001. The Zoning and Subdivision Hearing Board has made the following findings concerning the standards for planned developments: A. Site Characteristics Standard. The suitability of the subject property for the zoning district with respect to its size, shape, and any existing improvements. Findings. The subject property is suitable for the zoning district with respect to the site characteristics standard. The site is an irregularly shaped lot containing 28,537 square feet of lot area. The site is currently improved with a restaurant. B. Sewer and Water Standard. The suitability of the subject property for the zoning district with respect to the availability of adequate municipal water,wastewater treatment,and storm water control facilities. -2- Findings of Fact Zoning and Subdivision Hearing Board Petition 42-01 August 1, 2001 Findings. The subject property is suitable for the zoning district with respect to the sewer and water standard. The subject property is served with municipal water,sanitary sewer,and storm water control facilities. C. Traffic and Parking Standard. The suitability of the subject property for the zoning district 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 zoning district with respect to the traffic and parking standard. The subject property is located on Larkin Avenue,which is an arterial street that serves the west side of Elgin. Off-street parking will be provided in compliance with the zoning ordinance. D. Zoning History Standard. The suitability of the subject property for the zoning district with respect to the length of time the property has remained undeveloped or unused in its current zoning district. Findings. The subject property is suitable for the zoning district with respect to the length of time the property has remained undeveloped or unused in its current zoning district. The subject property was zoned as follows for the years listed: 1927: Out of City 1950: Out of City 1960: Out of City 1962: Out of City 1992: B4 General Business District Present: AB Area Business District The subject property was annexed to the City of Elgin on December 12, 1963. E. Surrounding Land Use and Zoning Standard. The suitability of the subject property for the zoning district with respect to consistency and compatibility with surrounding land use and zoning. Findings. The subject property is suitable for the zoning district with respect to consistency and compatibility with surrounding land use and zoning. -3- Findings of Fact Zoning and Subdivision Hearing Board .• Petition 42-01 August 1, 2001 The subject property is located within the ARC Arterial Road Corridor and the AB Area Business District. The property located immediately north is zoned MFR Multiple Family Residential District and is developed with a multiple family residence. The property located immediately to the east is zoned AB Area Business District and is improved with a retail and office center. The property directly to the south across Larkin Avenue is zoned CF Community Facility District and is developed with a high school. The property located immediately to the west is zoned AB Area Business District and is developed with a restaurant. F. Trend of Development Standard. The suitability of the subject property for the zoning district with respect to consistency with an existing pattern of development or an identifiable trend of development in the area. Findings.The subject property is suitable for the zoning district with respect to consistency with an existing pattern of development or an identifiable trend within the area. The properties along Larkin Avenue have developed with a mix of office, retail and restaurant uses. G. Zoning District Standard. The suitability of the subject property for the zoning district with respect to conformance to the provisions for the purpose and intent, and the location and size of a zoning district. The purpose of the AB Area Business District is to provide commodities and services to several neighborhoods, and in some instances to a community wide or regional supporting population. AB zoning districts are limited by the applicable site design regulations to an intermediate scale of development relative to NB Neighborhood Business Districts and the CC Center City District. The purpose and intent of the ARC Arterial Road Corridor Overlay District is to promote and facilitate the implementation of the objectives, policies, and strategies of the City of Elgin "Comprehensive Plan." The ARC zoning district is a zoning overlay district, and accordingly, the property located within the district shall also be subject to the regulations of the underlying zoning district in which it is located. -4- Findings of Fact Zoning and Subdivision Hearing Board Petition 42-01 August 1, 2001 Findings. The subject property is suitable for the zoning district with respect to conformance to the provision for the purpose and intent of the AB Area Business District and the ARC Arterial Road Corridor Overlay District. The property is located in an ARC Arterial Road Corridor which requires a planned development for all new construction over 1000 square feet. The proposed planned development will permit the subject property to be redeveloped in accordance with the city's arterial road corridor revitalization efforts. Restaurants are permitted uses in the AB Area Business District.The proposed restaurant will conform to the ARC Arterial Road Corridor Overlay District guidelines. The proposed restaurant will provide commodities and services to several neighborhoods, and in some instances to a community wide or regional supporting population. H. Conditional Use for a Planned Development Standard. The suitability of the subject property for the intended planned development for a conditional use with respect to the provisions for the purpose and intent of planned developments. No planned development for a conditional use shall be granted for the sole purpose of introducing a land use not otherwise permitted on the subject property. The purpose and intent of the provisions for planned developments is to accommodate unique development situations. 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 are imposed on the planned development. Findings. The subject property is suitable for the intended conditional use for a planned development with respect to conformance to the provision for the purpose and intent of planned developments. The subject property was previously developed under regulations which allowed the property to be paved from lot line to lot line. Approval of the proposed planned development will allow for the redevelopment of the subject property in greater conformance with current development regulations. Approval of the requested departures will give the petitioner the design flexibility necessary to redevelop the narrow site. -5- Findings of Fact Zoning and Subdivision Hearing Board Petition 42-01 August 1, 2001 I. Comprehensive Plan Standard. The suitability of the subject property for the zoning district with respect to conformance to the goals, objectives, and policies of the Official Comprehensive Plan. Findings. The subject property is suitable for the zoning district with respect to the Official Comprehensive Plan. The subj ect property is located within an area designated as a Transportation Corridor by the Official Comprehensive Plan of Elgin, as amended. This designation represents major arterials in the city,as well as the adjacent land uses. Development within a corridor may be higher in density, although not necessarily so, while the nature of development in the corridor should depend on a number of factors, including the design compatibility with adjacent and surrounding land uses and the development potential of the area as determined by lot width, lot area, and natural environment factors. J. Natural Preservation Standard. The suitability of the subject property for the 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 planned development. No significant natural features exist on the subject property that are worthy of preservation. K. Internal Land Use Standard. The suitability of the subject property for the planned development with respect to the lands 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 planned development with respect to the internal land use standard. The subject property will be developed according to the ARC Area Business District with respect to its design and location of the building to the lot line. No evidence has been found that the proposed development will be located, designed, and operated so as to exercise undue detrimental influence on each other or on surrounding property. The split face brick exterior and the site design of the proposed building will result in improved aesthetics for the site and the surrounding area. The existing site will be improved by constructing a new building which will be closer to the street and will be more pedestrian and bicyclist friendly. In addition to the above requirements, the proposed development will be developed in substantial conformance with the approved site plan,landscape plan and exterior elevations. -6- Findings of Fact Zoning and Subdivision Hearing Board Petition 42-01 August 1, 2001 PLANNED DEVELOPMENT DEPARTURES AND EXCEPTIONS A planned development may be granted certain departures from the normal standards,regulations, requirements, and procedures of the zoning ordinance. The applicant is requesting departures from the zoning ordinance as follows: Section 19.35.435 Site Design - (H,1) Transition Landscape Yards. The AB District requires a transition landscape yard of 25 feet to be provided adjoining the entire length of a transition lot line. The applicant originally proposed to locate the vehicle use area and trash enclosure 3.1 feet from the transition lot line. After further consideration, the applicant is proposing a 10 foot setback from the transition lot line. Section 19.35.435 Site Design - (E2,b) Vehicle Use Area Setbacks. The AB District requires a minimum 6 foot vehicle use area setback from an interior lot line. The applicant is proposing to locate the vehicle use area 2.25 feet from the west lot line and 3.1 feet from the east lot line. Section 19.50.90 Size, Number, Location and Type of Signs - (A, 2-4) Freestanding Signs. A monument style sign is the only type of freestanding sign permitted in the AB Area Business District. A monument sign must be 10 feet or less in height and have 60 square feet or less of surface area. The applicant is proposing a freestanding sign which does not meet the definition of a monument sign. A monument style sign is defined as a freestanding sign in which the supporting structure is at least as wide as the sign. The proposed sign is 15 feet in height and contains 90 square feet in surface area. SUMMARY OF FINDINGS, UNRESOLVED ISSUES, AND ALTERNATIVES The Zoning and Subdivision Hearing Board has developed or identified the following findings, unresolved issues, and alternatives: A. Summary of Findings. 1. Internal Land Use. The subject property will be developed according to the ARC Area Business District with respect to its design and location of the building to the lot line. No evidence has been found that the proposed development will be located, designed, and operated so as to exercise undue detrimental influence on each other or on surrounding property. The split face brick exterior and the site design of the proposed building will result in improved aesthetics for the site and the surrounding area. The existing site will be improved by constructing a new building which will be closer to the street and will be more pedestrian and bicyclist friendly. -7- Findings of Fact Zoning and Subdivision Hearing Board Petition 42-01 August 1, 2001 In addition to the above requirements,the proposed development will be developed in substantial conformance with the approved site plan, landscape plan and exterior elevations. 2. Zoning District. The property is located in an ARC Arterial Road Corridor which requires a planned development for all new construction over 1000 square feet. The proposed planned development will permit the subject property to be redeveloped in accordance with the city's arterial road corridor revitalization efforts. Restaurants are permitted uses in the AB Area Business District. The proposed restaurant will conform to the ARC Arterial Road Corridor Overlay District guidelines.The proposed restaurant will provide commodities and services to several neighborhoods, and in some instances to a community wide or regional supporting population. B. Summary of Unresolved Issues. The petitioner is requesting departures to allow a freestanding sign which is 15 feet in height, 90 square feet in surface area, and which does not meet the definition of a monument sign. The zoning ordinance requires all freestanding signs in the AB District to be monument signs 10 feet or less in height and 60 square feet or less in surface area. The community Development Group recommends that the freestanding sign comply with the requirements of the zoning ordinance. C. Summary of Alternatives. The are no substantive alternatives to the proposal other than an approval,denial,or approval with conditions. RECOMMENDATION The Zoning and Subdivision Hearing Board recommends the approval of Petition 42-01. On a motion to recommend approval of Petition 42-01, the vote was 6 yes and 0 no, subject to the following conditions: I. Substantial conformance with Site Plan prepared by Compass Consulting Group, Ltd., dated 5/31/01, revised 06/11/01 and 06/13/01. Revisions shall be made, if found necessary or not in code compliance, per the Department of Code Administration and Development Services. er► 2. Substantial conformance with the Landscape Plan prepared by D.T. Donohue and Associates,Ltd.,dated 06/13/01. Revisions shall be made thereto,if found necessary or not in code compliance, per the Department of Code Administration and Development Services. -8- Findings of Fact Zoning and Subdivision Hearing Board ,,,.. Petition 42-01 August 1, 2001 3. Substantial conformance with the Exterior Elevations prepared by Richard A. DalBello, undated. Revisions shall be made, if found necessary or not in code compliance,per the Department of Code Administration and Development Services. 4. Full compliance with the sign ordinance. 5. Provision of a 6 foot solid wood fence along the northerly property line. 6. Provision of a 10 foot transition landscape yard at the north side of the site. 7. Compliance with all other applicable codes and ordinances. Therefore, the motion to recommend approval of Petition 42-01 was adopted. Claude Hamlin, Chairman Zoning and Subdivision Hearing Board David Sundland, Secretary Zoning and Subdivision Hearing Board -9-