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HomeMy WebLinkAboutG87-02 tow Ordinance No. G87-02 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A TREATMENT, TRANSMISSION, AND DISTRIBUTION FACILITY IN THE NB NEIGHBORHOOD BUSINESS DISTRICT AND THE ARC ARTERIAL ROAD CORRIDOR DISTRICT (692 Villa Street) WHEREAS, written application has been made for a conditional use for a treatment, transmission, and distribution facility limited to equipment and an equipment Building in the NB Neighborhood Business District and the ARC Arterial Road Corridor District at 692 Villa 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 : eft Section 1 . That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated November 6, 2002 , 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 treatment, transmission, and distribution facility limited to equipment and an equipment Building in the NB Neighborhood Business District and the ARC Arterial Road Corridor District at 692 Villa Street and legally described as follows : PARCEL 1 : THAT PART OF LOT 12 IN J.H. AND FULTON GIFFORD ' S ADDITION TO ELGIN, DESCRIBED AS FOLLOWS : COMMENCING AT A POINT 27 LINKS EAST AND 14 LINKS SOUTH OF A POINT 4 . 275 CHAINS WEST OF THE SOUTHWEST CORNER OF SECTION 13 , TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN; THENCE WESTERLY PARALLEL WITH VILLA STREET TO THE WEST LINE OF THE PREMISES DESCRIBED IN DEED TO GERTRUDE L. PARISON AND CHARLES W. LEHMAN RECORDED JUNE 8 , 1921, IN BOOK 649, PAGE 445 AS DOCUMENT 198725, FOR THE POINT OF BEGINNING; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID PREMISES TO THE NORTHERLY LINE OF OW VILLA STREET; THENCE WESTERLY ALONG THE NORTHERLY LINE OF VILLA STREET TO THE SOUTHWESTERLY CORNER OF THE PREMISES DESCRIBED IN DEED TO CHARLES J. LEHMAN RECORDED OCTOBER 28 , 1913 , IN BOOK 565, PAGE 272 , AS DOCUMENT 435196 ; THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID PREMISES TO THE INTERSECTION WITH THE WESTERLY LINE OF THE PREMISES DESCRIBED TO ANTON JACOBSEN RECORDED NOVEMBER 16, 1929, IN BOOK 669, PAGE 56 AS DOCUMENT 192964 ; THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID PREMISES TO THE NORTHERLY LINE OF THE PREMISES DESCRIBED IN DOCUMENT 125196 AFORESAID; THENCE EASTERLY ALONG THE NORTHERLY LINE OF SAID PREMISES TO THE POINT OF BEGINNING, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS . PARCEL 2 : A PART OF LOT 12 IN J.H AND FULTON GIFFORD ' S ADDITION TO ELGIN IN KANE COUNTY, ILLINOIS, BOUNDED AND DESCRIBED AS FOLLOWS : BEGINNING AT A POINT 282 . 15 FEET WEST AND 36 . 94 FEET NORTH OF THE SOUTHEAST CORNER OF SECTION 13 , TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN; THENCE SOUTHWESTERLY 132 . 0 FEET TO A POINT IN THE NORTH LINE OF VILLA STREET 408 . 54 FEET FROM THE WEST LINE OF SAID LOT 12 MEASURED ALONG THE NORTH LINE OF VILLA STREET; THENCE NORTHWESTERLY ALONG THE NORTH LINE OF VILLA STREET 33 . 0 FEET; THENCE NORTHERLY TO A POINT 26 . 0 FEET FROM THE PLACE OF BEGINNING ON A LINE PARALLEL TO THE NORTH LINE OF VILLA STREET AND PASSING THROUGH THE SAID PLACE OF BEGINNING; folk THENCE SOUTHEASTERLY PARALLEL TO SAID NORTH LINE OF VILLA STREET 26 . 00 FEET TO THE PLACE OF BEGINNING, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS, AND THAT PART OF THE COUNTY CLERK' S SUBDIVISION OF PART OF JAMES H. AND FULTON GIFFORD' S ADDITION TO ELGIN, ILLINOIS DESCRIBED BY COMMENCING AT AN IRON PIPE AT THE INTERSECTION OF THE EAST LINE OF KANE COUNTY AND THE NORTHERLY LINE OF VILLA STREET IN SAID CITY OF ELGIN; THENCE NORTH 60 DEGREES 51 MINUTES WEST ALONG SAID NORTHERLY LINE OF VILLA STREET 333 . 63 FEET TO THE PLACE OF BEGINNING; THENCE NORTH 11 DEGREES 54 MINUTES EAST 150 . 3 FEET; THENCE EAST 10 FEET; THENCE SOUTHERLY IN A STRAIGHT LINE TO THE PLACE OF BEGINNING, BEING SITUATED IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS . be and is hereby granted subject to the following conditions : 1 . Substantial conformance to the Statement of Purpose and Conformance, submitted by Wide Open West, undated. 2 . Substantial conformance to the Overall Developed Site Plan and the Enlarged Site Plan and Details, prepared by Hoch Associated, and dated October 9, 2002 . 3 . Substantial conformance to the Exterior Elevations, prepared by Hoch Associates, and dated October 9, 2002 . 4 . 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. 4 !55;4,/er---- Ed Schock, Mayor Presented: December 18 , 2002 Passed: December 18, 2002 Omnibus Vote : Yeas : 7 Nays : 0 Recorded: December 19, 2002 Attest : / --- Dolonna Mecum, City Clerk • November 6, 2002 FINDINGS OF FACT Zoning and Subdivision Hearing Board City of Elgin SUBJECT Consideration of Petition 56-02 Requesting a Conditional Use Approval for a Treatment, Transmission, and Distribution Facility: Equipment and Equipment Building in the NB Neighborhood Business District and the ARC Arterial Road Corridor Overlay District; Property Located at 690-692 Villa Street by Wide Open West, as Applicant, and Gary Bhansali, as Owner. GENERAL INFORMATION Requested Action: Conditional Use Approval Current Zoning: ARC Arterial Road Corridor District NB Neighborhood Business District Intended Use: Treatment, Transmission, and Distribution Facility Property Location: 690 - 692 Villa Street Applicant: Wide Open West Owner: Gary Bhansali Staff Coordinator: Lauren Kieck, 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. Site Photographs (see attached) F. Statement of Purpose and Conformance (see attached) G. Draft.Conditional Use Ordinance (see attached) Exhibit A Findings of Fact Zoning and Subdivision Hearing Board Petition 56-02 November 6, 2002 BACKGROUND An application has been filed by Wide Open West, requesting conditional use approval for a treatment, transmission, and distribution facility, which will be limited to equipment and an equipment building. The subject property is located at 692 Villa Street (reference Exhibits A, B, C, D and E). The applicant proposes to establish a 236 square foot equipment building for fiber optic lines providing cable television and interne access within the area. The building will be unmanned and will contain electronic equipment used as an infrastructure component of the system. The applicant will lease a 988 square foot portion of the subject property for the proposed equipment building. The proposed building will be constructed of concrete panels that will be imprinted to look like brick. Landscaping will be provided along the south and east sides of the building to provide screening from Villa Street. If approved, the addition of this building will allow the company to provide continued and improved service for area cable television and high speed data services. The proposed equipment building requires conditional use approval in the NB Neighborhood Business District (reference Exhibits F and G). GENERAL FINDINGS After due notice, as required by law, the Zoning and Subdivision Hearing Board conducted a public hearing in consideration of Petition 56-02 on November 6, 2002. The applicant testified at the public hearing and presented documentary evidence in support of the application. No objectors spoke at the public hearing and no written correspondence has been submitted. The Community Development Group submitted a Conditional Use Review dated October 28, 2002. The Zoning and Subdivision Hearing Board has made the following general findings: A. Zoning History Findings. The subject property was zoned as follows for the years listed: 1927 B Residential District 1950 E Commercial District 1962 B-1 Community Business District 1992 B-1 Community Business District Present NB Neighborhood Business District B. Surrounding Land Use and Zoning Findings. The areas to the south, east and west of the subject property is zoned NB Neighborhood Business District, and are developed with a mix of commercial and residential land uses. The area to the north is zoned CF Community Facility District and is undeveloped. 2 Findings of Fact Zoning and Subdivision Hearing Board Petition 56-02 November 6, 2002 C. Trend of Development Findings. The Villa Street corridor located within the vicinity of the subject property is developed with a mix of commercial and residential land uses. D. Zoning District Findings. The purpose of the NB Neighborhood Business District is to provide for commercial areas supplying daily convenience commodities and service to a neighborhood population. The scale of development of a NB zoning district is limited by the applicable site design regulations due to its function and resulting close proximity to residences. STANDARDS FOR CONDITIONAL USES The Zoning and Subdivision Hearing Board has made the following findings concerning the standards for conditional uses: A. Site Characteristics Standard. The suitability of the subject property for the intended conditional use with respect to its size, shape, significant features /�► including topography, watercourses, vegetation, and existing improvements. Findings. The subject property is suitable for the intended conditional use with respect to the site characteristics standard. The subject property is an irregularly shaped parcel containing approximately 28,000 square feet of lot area. The property is improved with a two story masonry building and an accessory parking lot. B. Sewer and Water Standard. The suitability of the subject property for the intended conditional use 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 conditional use with respect to the sewer and water standard. The subject property is served by municipal water, sanitary sewer and storm water control services. C. Traffic and Parking Standard. The availability of the subject property for the intended conditional use 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 conditional use with respect to the traffic and parking standard. 3 Findings of Fact Zoning and Subdivision Hearing Board Petition 56-02 November 6, 2002 The subject property is located on Villa Street, an arterial street serving the east side of the city. The proposed equipment building will be unmanned, thus requiring parking only when personnel visit for routine maintenance of the equipment. The applicant submits that, at most, one visit per month would be necessary. D. Location, Design, and Operation Standard. The suitability of the subject property for the intended conditional use with respect to it being located, designed, and operated so as to promote the purpose and intent of this title and chapter. Findings. The subject property is suitable for the intended conditional use with respect to it being located, designed, and operated so as to promote the purpose and intent of the zoning ordinance. No evidence has been submitted or found that the proposed conditional use will be located, designed, or operated in a manner that will exercise undue detrimental influence on itself or surrounding property. The building will be constructed of quality materials and screened by landscaping. r 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. Positive Attributes. The proposed equipment building will allow improved quality fiber optic services within the area which will benefit the residents and businesses in the City of Elgin. While located on an arterial street, the building has been designed in an attractive manner with brick-imprinted concrete panels and will be screened by landscaping. 2. Location, Design, and Operation. No evidence has been submitted or found that the proposed conditional use 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. 4 Findings of Fact Zoning and Subdivision Hearing Board Petition 56-02 November 6, 2002 C. Summary of Alternatives. Other than approval, denial, or an approval with some combination of conditions, there are no substantive alternatives. RECOMMENDATION The Zoning and Subdivision Hearing Board hereby recommends the approval of Petition 56-02. On a motion to recommend approval of Petition 56-02, subject to the following conditions, the vote was five (5) yes and zero (0) no: 1. Substantial conformance to the Statement of Purpose and Conformance, submitted by Wide Open West, undated. 2. Substantial conformance to the Overall Developed Site Plan and the Enlarged Site Plan and Details, prepared by Hoch Associated, and dated October 9, 2002. 3. Substantial conformance to the Exterior Elevations, prepared by Hoch Associates, and dated October 9, 2002. 4. Compliance with all other applicable codes and ordinances. Therefore, the motion to recommend approval of Petition 56-02 was adopted. Robert Langl is, Chai an Zoning and Subdivision Hearing Board David Sundland, Secretary Zoning and Subdivision Hearing Board 5