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HomeMy WebLinkAboutG54-02 Ordinance No. G54-02 AN ORDINANCE GRANTING A MAP AMENDMENT FROM GI GENERAL INDUSTRIAL DISTRICT TO PGI PLANNED GENERAL INDUSTRIAL DISTRICT, TO PERMIT THE ESTABLISHMENT OF A PRIVATE SCHOOL (747 DAVIS ROAD) WHEREAS, written application has been made for a map amendment from GI General Industrial District to PGI Planned General Industrial District, in order to establish a private school at 747 Davis Road; and WHEREAS, the Planning and Development Commission 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 Planning and Development Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS : r''' Section 1 . That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated June 17, 2002 , made by the Planning and Development Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2 . That a map amendment from GI General Industrial District to PGI Planned General Industrial District, which will allow the establishment of a private school at 747 Davis Road and legally described as follows : PARCEL ONE : LOT 14 OF MILLER-DAVIS RESEARCH AND INDUSTRIAL CENTER, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS . PARCEL TWO: EASEMENT FOR INGRESS AND EGRESS (OVER A 22 FOOT BLACKTOP DRIVEWAY) , AS CREATED BY AGREEMENT RECORDED NOVEMBER 4 , 1970 AS DOCUMENT 1176473 , MADE BY NORTHERN ILLINOIS GAS COMPANY WITH ARDMORE ENTERPRISES, INC. , FOR THE BENEFIT OF PARCEL ONE OVER THAT PART OF THE SOUTHEAST QUARTER OF SECTION 33 , TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS : COMMENCING AT THE NORTHEAST CORNER OF LOT 14 OF MILLER DAVIS RESEARCH AND INDUSTRIAL CENTER; THENCE WEST ALONG THE NORTH LINE OF SAID LOT 14 , 25 FEET FOR THE POINT OF BEGINNING; THENCE NORTH AT RIGHT ANGLES TO SAID NORTH LINE, 82 . 50 FEET; THENCE WEST PARALLEL WITH THE NORTH LINE OF SAID LOT 14, 22 FEET; THENCE SOUTH 82 . 50 FEET TO THE NORTH LINE OF SAID LOT 14 ; THENCE EAST ALONG SAID NORTH LINE 22 FEET TO THE POINT OF THE BEGINNING, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS . PARCEL THREE : EASEMENT TO INSTALL, CONSTRUCT, RECONSTRUCT, OPERATE, MAINTAIN, ALTER, REPAIR, REPLACE AND REMOVE, ON E SIX-INCH SANITARY SEWER AND ONE TWO-INCH WATER MAIN, AS CREATED BY AGREEMENT RECORDED NOVEMBER 4 , 1970 AS DOCUMENT 1176473 , MADE BY NORTHERN ILLINOIS GAS COMPANY WITH ARDMORE ENTERPRISES, INC. FOR THE BENEFIT OF PARCEL ONE OVER THAT PART OF THE SOUTHEAST QUARTER OF SECTION 33 , TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS : COMMENCING AT THE NORTHEAST CORNER OF LOT 14 OF MILLER- DAVIS RESEARCH AND INDUSTRIAL CENTER; THENCE WEST ALONG THE NORTH LINE OF SAID LOT 14 , 111 FEET FOR THE POINT OF BEGINNING; THENCE NORTH AT RIGHT ANGLES TO THE NORTH LINE OF LOT 14, 82 . 50 FEET; THENCE WEST PARALLEL WITH THE NORTH LINE OF SAID LOT 14 , 15 FEET; THENCE SOUTH 82 . 50 FEET TO THE NORTH LINE OF SAID LOT 14 ; THENCE EAST ALONG SAID NORTH LINE 15 FEET TO THE POINT OF BEGINNING, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS . PARCEL FOUR: LOT 10 OF RESUBDIVISION OF LOTS 8, 12 , AND 13 IN MILLER-DAVIS RESEARCH AND INDUSTRIAL CENTER, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS (SAID PROPERTY IS COMMONLY KNOWN AS 747 DAVIS ROAD) . be and is hereby granted subject to the following conditions : I . PURPOSE AND INTENT The purpose of this PGI Planned General Industrial District (PGI District) is to provide an alternate planned industrial environment for those industrial uses that do not require the location or environment of an ORI zoning district . This PGI District is most similar to, but departs from the standard requirements of the GI zoning district . This PGI District is subject to the provisions of Chapter 19 . 60, Planned Developments, of the Elgin Municipal Code (EMC) , as may be amended from time to time . II . SUPPLEMENTARY REGULATIONS Any word or phrase contained within this ordinance followed by the symbol " [SR] " shall be subject to the definitions and the additional interpretive requirements provided in Chapter 19 . 90 , Supplementary Regulations, of the EMC. The exclusion of such symbol shall not exempt such word or phrase from the applicable supplementary regulation. r III . GENERAL PROVISIONS In this PGI District, the use and development of land and structures shall be subject to the provisions of Chapter 19 . 05, General Provisions, of the EMC, as may be amended from time to time . IV. ZONING DISTRICTS - GENERALLY In this PGI District, the use and development of land and structures shall be subject to the provisions of Chapter 19 . 07, Zoning Districts of the EMC, as may be amended from time to time . V. LOCATION AND SIZE OF DISTRICT Planned industrial districts should be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate planned industrial district exclusive of rights of way, but including adjoining land or land directly opposite a right of way shall not be less than two acres . No departure from the required minimum size of a planned industrial district shall be granted by the City Council . folk VI . LAND USE In this PGI District, the only land uses allowed shall be those land uses allowed in the GI General Industrial District, pursuant to Chapter 19 . 40 . 330 Land Use, of the EMC, as may be amended from time to time, and the following additional land uses : Services Division Elementary and secondary schools (821) Child day care services (835) At any time during which the subject property or any portion thereof is being used as an elementary school, secondary school, and/or child day care service, no other land use may be established at the subject property, unless and until the elementary school, secondary school, and/or child day care service use is determined by the Zoning Administrator to be abandoned; with the exception of "Accessory uses" (SR) to the elementary school, secondary school , and/or child day care service, which may be established in accordance with Chapter 19 . 10 Land Use, of the EMC, as may be amended from time to time . VII . SITE DESIGN (elk In this PGI District, the site design regulations shall be as required in the GI General Industrial District, pursuant to Chapter 19 .40 . 335 Site Design, of the EMC, as may be amended from time to time . VIII . OFF STREET PARKING In this PGI District, off street parking shall be subject to the provisions of Chapter 19 .45, Off Street Parking, of the EMC, as may be amended from time to time . IX. OFF STREET LOADING In this PGI District, off street loading shall be subject to the provisions of Chapter 19 . 47, Off Street Loading, of the EMC, as may be amended from time to time . X. SIGNS In this PGI District, signs shall be subject to the provisions of Chapter 19 . 50, Signs, of the EMC, as may be amended from time to time . XI . AMENDMENTS In this PGI District, text and map amendments shall be ork subject to the provisions of Chapter 19 . 60, Planned Developments, of the EMC, as may be amended from time to time . XII . VARIATIONS In this PGI District, no variation shall be granted pursuant to the provisions of Chapter 19 . 70, Variations, of the EMC, as may be amended from time to time . XIII . APPEALS Any requirement, determination, or interpretation associated with the administration and enforcement of the provisions of this ordinance may be appealed subject to the provisions of Chapter 19 . 75, Appeals, of the EMC, as may be amended from time to time . XIV. ADDITIONAL CONDITIONS The approval of the PGI District granted herein shall be subject to the following additional conditions : A. Substantial conformance with the site/landscaping plan, prepared by Cathryn Ilani, dated (Pk June 27, 2002 . B. Substantial compliance with the Statement of Purpose and Conformance, prepared by Cathryn Ilani , dated May 21, 2002 . C. Compliance with all other applicable codes and ordinances . Section 3 . That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. 401.411 Aeir4,1-,e Ed Schockw, ayor Presented: July 24 , 2002 Passed: July 24 , 2002 Omnibus Vote : Yeas : 7 Nays : 0 Recorded: July 25, 2002 Published: Attest : olonna Mecum, City Clerk r r June 17, 2002 FINDINGS OF FACT Planning and Development Commission City of Elgin,Illinois SUBJECT Consideration of Petition 22-02 Requesting a Rezoning from GI General Industrial District to PGI Planned General Industrial District, in Order to Establish a Private School; Property Located at 747 Davis Road; by Cathryn Ilani, as Applicant and Owner. BACKGROUND Requested Action: Map Amendment Current Zoning: GI General Industrial District Proposed Zoning: PGI Planned General Industrial District Intended Use: School r" Property Location: 747 Davis Road Applicant and Owner: Cathryn Ilani Staff Coordinator: Diana McNeil, Planner LIST OF EXHIBITS A. Location Map (see attached) B. Zoning Map (see attached) C. Parcel Map (see attached) D. Aerial Photo (see attached) E. Photographs of Site (see attached) F. Statement of Purpose and Conformance (see attached) G. Site Plan (see attached) f H. Related Correspondence (see attached) I. Draft Planned Development Ordinance (see attached) Exhibit A Findings of Fact Planning and Development Commission Petition 22-02 June 17, 2002 BACKGROUND An application has been filed by Cathryn Ilani requesting a rezoning from GI General Industrial District to PGI Planned General Industrial District. The subject property is located at 747 Davis Road (reference Exhibits A, B, C, D, and E). The applicant proposes establish a private school for children in the Fox Valley area. The school would initially serve children from four years of age through eighth grade, and would ultimately provide grades 9 through 12 as well. The school, to be known as the Einstein Academy, would open this fall with approximately 45 students. In the future, with the addition of the high school, the enrollment would be increased to a maximum of 150 students, with a maximum of one class per grade level. No class would exceed 12 students in size. The applicant proposes no changes to the existing building, parking lot, or open space at the subject property (reference Exhibits F, G, H, and I). FINDINGS After due notice, as required by law, the Planning and Development Commission held a public hearing in consideration of Petition 22-02 on June 17, 2002. The applicant testified at the public hearing and presented documentary evidence in support of the application. Objectors spoke at the public hearing. The Community Development Group submitted an Annexation and Zoning Review, dated June 7, 2002. The Planning and Development Commission has made the following findings: A. Site Characteristics Standard. The suitability of the subject property for the intended zoning district with respect to its size, shape, significant natural features (including topography, watercourse and vegetation), and existing improvements. Findings. The subject property is suitable for the intended zoning district with respect to the site characteristics standard. The subject property is a regularly shaped parcel containing 221,890 square feet (5.09 acres). The subject property is improved with a 12,355 square foot, one story commercial building and 86 stall parking lot. The subject property is relatively flat and without any significant natural features. B. Sewer and Water Standard. The suitability of the subject property for the intended zoning district with respect to the availability of adequate municipal water, wastewater treatment, and storm water control facilities. Findings. The subject property is suitable for the intended zoning district with respect to the sewer and water standard. 2 Findings of Fact Planning and Development Commission Petition 22-02 June 17, 2002 The subject property is served by municipal water and sanitary sewer services. Storm water will be controlled in accordance with all applicable codes and ordinances. C. Traffic and Parking Standard. The suitability of the subject property for the intended 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 intended zoning district with respect to the traffic and parking standard. The subject property is located on the south side of Davis Road. Davis Road is a collector street which extends from North State Street (Route 31) on the east to McLean Boulevard on the west. Access to the property will continue to be provided at a point at the northeast corner of the subject property. The site will be developed in conformance with the off street parking ordinance. D. Zoning History Standard. The suitability of the subject property for the intended 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 intended zoning district with respect to the length of time the property has remained undeveloped or unused in its current zoning district. The subject property has been zoned as follows for the years listed: 1927: Out of City 1950: Out of City 1960: Out of City 1962: Out of City 1992: M-1 Limited Manufacturing District Present: GI General Industrial District The subject property was annexed to the City of Elgin in 1969 and zoned M-1 Limited Manufacturing District. The subject property was rezoned to GI General Industrial District as part of the Comprehensive Amendment to the Zoning Ordinance in 1992. E. Surrounding Land Use and Zoning Standard. The suitability of the subject property for the intended zoning district with respect to consistency and compatibility with surrounding land use and zoning. Findings. The subject property may be suitable for the intended zoning district with respect to consistency and compatibility with surrounding land use and zoning. 3 Findings of Fact Planning and Development Commission Petition 22-02 June 17, 2002 The area located to the north, between the Davis Road right of way and the subject property is zoned GI General Industrial District. The property is part of the Northern Illinois Gas Company right of way and is undeveloped. The area located farther north, across the Davis Road right of way is also zoned GI District and is undeveloped. The area located to the east is zoned GI General Industrial District and is developed with Tollview Office Complex. The area located to the south is zoned CF Community Facility District and is developed with the Kane County Forest Preserve District's Tyler Creek Forest Preserve. The area located to the west is zoned SFR1 Single Family Residence District and has developed with single family residences. F. Trend of Development Standard. The suitability of the subject property for the intended 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 may be suitable for the intended zoning district with respect to consistency with an existing pattern of development or an identifiable trend 0 within the area. The subject property is located in a mature general industrial area adjacent to the Northwest Tollway, sometimes referred to as the Golden Corridor. This portion of the corridor has developed with a variety of office, research, and industrial uses. The subject property is also adjacent to a forest preserve and a mature single family residential neighborhood. G. Planned Development Districts Standard. The suitability of the subject property for the intended planned development district with respect to conformance to the provisions for the purpose and intent, and the location and size of a planned zoning district. The purpose and intent of the Planned General Industrial District is to provide an alternate industrial environment for those industrial uses that do not require the location or environment of an ORI zoning district. A PGI zoning district is most similar to, but departs from, the standard requirements of the GI zoning district. In general, the purpose and intent of the provision for planned developments is to accommodate unique development situations. For planned development districts, the planned development should demonstrate the following characteristics: 4 Findings of Fact Planning and Development Commission Petition 22-02 June 17, 2002 A. 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. B. A creative approach to the use of land and related improvements resulting in better design and construction of aesthetic amenities. C. The preservation of significant natural features including topography, watercourses, wetlands, and vegetation. Findings. The subject property is suitable for the intended planned zoning district with respect to conformance to the provision for the purpose and intent. The proposed map amendment for a planned development is in substantial conformance with the purpose and intent of the planned development provisions. The proposed planned development will be subject to a specific site plan and petitioner's statement. The site, adjacent to a forest preserve and residential district, is well suited to a school. H. Comprehensive Plan. 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 property may be suitable for the intended zoning district with respect to the Comprehensive Plan Standard. The subject property is located in an area which is designated general manufacturing in the comprehensive plan, and abuts a transportation corridor (the Northwest Tollway). A variety of land uses are anticipated in a transportation corridor. Natural Preservation Standard. The suitability of the subject property for the intended 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 intended zoning district with respect to the Natural Preservation Standard. The subject property contains no significant natural features. The applicant proposes no changes to the subject property. J. Internal Land Use Standard. The suitability of the subject property for the residential zoning classification 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. 5 Findings of Fact Planning and Development Commission Petition 22-02 June 17, 2002 Findings. The subject property is suitable for the proposed zoning district with respect to the internal land use standard. No evidence has been submitted or found that the proposed development will be located, designed, or operated in a manner that will exercise undue detrimental influence on itself or surrounding property. 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. For the purposes of this section, the most similar zoning district is the GI General Industrial District. The applicant is requesting the following departures from the standard requirements of the GI District: Section 19.40.330 Land Use. The applicant proposes adding "elementary and secondary schools" and "child day care services"to the permitted use list. SUMMARY OF FINDINGS, UNRESOLVED ISSUES,AND ALTERNATIVES The Planning and Development Commission has developed or identified the following findings, unresolved issues, and alternatives: A. Summary of Findings. 1. Positive Attributes. The proposed school would introduce a use which would be compatible with the adjoining single family residences District and the Tyler Creek Forest Preserve. Summit Academy is an example of a school which successfully located within an area also designated general manufacturing, also abutting the Northwest Tollway. 2. General. It should be noted that the appropriateness of a school within an industrial subdivision is uncertain with respect to maintaining a safe environment for the children and in that the proposed use would remove the subject property from the property tax roles 3. Internal Land Use. No evidence has been submitted or found that the proposed development will be located, designed, or operated in a manner that will exercise undue detrimental influence on itself or surrounding property. B. Summary of Unresolved Issues. There are no unresolved issues. 6 Findings of Fact Planning and Development Commission Petition 22-02 June 17, 2002 C. Summary of Alternatives. Other than an approval, a denial, or an approval with some combination of conditions, there are no substantive alternatives. RECOMMENDATION The Planning and Development Commission recommends the approval of Petition 22-02. On a motion to recommend approval, subject to the following conditions, the vote was six (6) yes and zero (0)no: 1. Substantial conformance to the Site Plan, prepared by Alan J. Coulson, P.C., dated March 1, 2002, with revisions per the Department of Code Administration as necessary. 2. Applicant shall submit a landscape plan. Revisions shall be made thereto, if found necessary or not in code compliance, per the Department of Code Administration. 3. Substantial compliance with the Statement of Purpose and Conformance, prepared by Cathryn Ilani, dated May 21, 2002. 4. Applicant shall submit a floor plan. Revisions shall be made thereto, if found necessary or not in code compliance, per the Department of Code Administration 5. Compliance with all other applicable codes and ordinances. Therefore, the motion to recommend approval of Petition 22-02 was adopted. George W ff, Chairma/ Planning and Development Commission David Sundland, Se, - ary Planning and Development Commission rik 7