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HomeMy WebLinkAboutG25-03 Al Ordinance No. G25-03 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT TO PERMIT THE CONSTRUCTION OF A BANK WITH A DRIVE THROUGH FACILITY IN THE RB RESIDENCE BUSINESS DISTRICT AND ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT (170 North McLean Boulevard) WHEREAS, written application has been made for a conditional use for a planned development which will permit the construction of a bank with a drive through window in the RB Residence Business District and the ARC Arterial Road Corridor Overlay District at 170 North 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 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 March 19, 2003 , 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 a bank with a drive through window within the RB Residence Business District and the ARC Arterial Road Corridor Overlay District at 170 North McLean Boulevard and legally described as follows : THAT PART OF THE NORTHWEST 1/4 OF SECTION 15, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS : BEGINNING AT THE INTERSECTION OF THE EAST LINE OF SAID NORTHWEST 1/4 WITH THE CENTER LINE OF HIGHLAND AVENUE; THENCE SOUTHWESTERLY, ALONG A LINE THAT FORMS AN ANGLE OF 99 DEGREES 35 MINUTES TO THE LEFT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE, A DISTANCE OF 257 . 25 FEET; THENCE SOUTHEASTERLY, ALONG A LINE THAT FORMS AN ANGLE OF 85 DEGREES 02 MINUTES TO THE LEFT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE, A DISTANCE OF 360 . 40 FEET TO A POINT ON THE EAST LINE OF SAID NORTHWEST 1/4 SAID POINT BEING 228 . 70 FEET SOUTHERLY OF (AS MEASURED ALONG SAID EAST LINE) THE PLACE OF BEGINNING; THENCE NORTHERLY ALONG SAID EAST LINE, A DISTANCE OF 228 . 70 FEET TO THE PLACE OF BEGINNING, EXCEPT THE SOUTH 25 FEET THEREOF, AS MEASURED ON THE SOUTH LINE, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS . be and is hereby granted subject to the following conditions : 1 . Substantial conformance with the Statement of Purpose, Conformance and Departures, prepared by Scott Richmond, no date . 2 . Substantial conformance to the Stacking Plan, Site Plan, Signing Plan, and Landscape Plan, prepared by Merhar & Associates - Architects, and dated March 25, 2003 . 3 . Substantial conformance to the Preliminary Layout and Utility Plan, prepared by Carroll Engineering & Associates, P.C. , and dated January 28 , 2003 . 4 . Substantial conformance with the Elevations, prepared by Merhar & Associates - Architects, and dated February 18 , 2003 . 5 . Substantial conformance with the Wall Sign Elevation, dated February 13 , 2003 . One wall sign shall be permitted on the east and the west elevations . 6 . The proposed dumpster enclosure shall be constructed of the same brick material as the proposed building. 7 . Revisions to the site plan per the Engineering Division. 8 . All existing trees shown on the landscape plan shall be appropriately protected and preserved during and after construction. 9 . Compliance with all applicable codes and ordinances. Section 3 . That the conditional use granted herein shall elsw 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 fir• effect immediately after its passage in the manner provided by law. _Ape 4rif Ed Scho , Mayor Presented: April 23 , 2003 Passed: April 23 , 2003 Omnibus Vote : Yeas : 6 Nays : 0 Recorded: April 24, 2003 Attest : ste„.44.,_ Dolonna Mecum, City Clerk eift r March 19, 2003 FINDINGS OF FACT Zoning and Subdivision Hearing Board City of Elgin,Illinois SUBJECT Consideration of Petition 08-03 Requesting a Conditional Use for a Planned Development to Permit a Bank with a Drive Through Facility in the RB Residence Business District and the ARC Arterial Road Corridor District; Property Located at 170 North McLean Boulevard by Amcore Bank, as Applicant, and Paul Maring, as Owner. GENERAL INFORMATION Requested Action: Conditional Use Approval Current Zoning: RB Residence Business District Existing Use: Vacant Property Location: 170 North McLean Boulevard Applicant: Amcore Bank Owner: Paul Maring Staff Coordinator: Lauren Pruss, 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. Site Photos (see attached) F. Statement of Purpose and Conformance (see attached) G. Draft Conditional Use Ordinance (see attached) H. Public Response Forms (see attached) Exhibit A Findings of Fact Zoning and Subdivision Hearing Board Petition 08-03 March 19, 2003 BACKGROUND An application has been filed by Amcore Bank, requesting a conditional use for a planned development to permit a bank with a drive through window. The subject property is located at 170 North McLean Boulevard (reference Exhibits A, B, C, D, and E). The applicant is proposing to build a bank with a drive through facility. The building will contain 3,990 square feet of floor area and will be constructed primarily of masonry materials. The bank will have three drive through lanes and one lane for an automatic teller machine. Additionally, the applicant proposes to preserve many of the existing trees located on site (reference Exhibits F, G, and H). The purpose of the provisions which permit planned developments as a conditional use is to provide an ultimate element of flexibility in the zoning ordinance. Under these provisions, an applicant can literally request anything for the consideration of the Zoning Board and the City Council. Accordingly, each request made under these provisions should be highly scrutinized with respect to the standards for planned developments. GENERAL FINDINGS After due notice,as required by law,the Zoning and Subdivision Hearing Board conducted a public hearing in consideration of Petition 08-03 on March 19,2003. The applicant testified at the public hearing and presented documentary evidence in support of the application. No public testimony was presented at the public hearing. Written correspondence has been submitted. The Community Development Group submitted a Conditional Use Review dated February 10, 2003. The Zoning and Subdivision Hearing Board has made the following findings concerning the standards for a conditional use for a planned development: A. Site Characteristics Standard. The suitability of the subject property for the intended conditional use for a planned development, with respect to its size, shape and any existing improvements. Findings: The subject property is suitable for the proposed planned development with respect to the site characteristics standard. The subject property is an irregularly shaped property containing approximately 1.5 acres of land. The subject property is unimproved and contains several large stands of mature trees. A survey identified the trees located on the property including several species including oak, maple,walnut, and pine. Elevations on site range from a high point of 816 feet located near the center of the property, to a low point of 806 feet located at the southwest corner of the - 2 - Findings of Fact Zoning and Subdivision Hearing Board Petition 08-03 March 19, 2003 property, for a total relief of 10 feet. B. Sewer and Water Standard. The suitability of the subject property for the intended conditional use for a planned development with respect to the availability of adequate water, sanitary treatment and stormwater control facilities. Findings: The subject property is suitable for the proposed planned development 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 intended conditional use for a planned development 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 proposed planned development with respect to the traffic and parking standard. The subject property is located at the southwest corner of the intersection of North McLean Boulevard and Highland Avenue. North McLean Boulevard and Highland Avenue are arterial streets, serving the west side of Elgin. One point of access to the site from North McLean Boulevard is being proposed, with this access being restricted to right-out turning movements. One point of access from Highland Avenue is also being proposed for the development. The Highland Avenue access point will be a full access point. Off street parking will be provided in conformance with the zoning ordinance. It should be noted that the traffic characteristics of the proposed development would be substantially less than what could occur if the site were developed in strict conformance with the code. The site could be developed with three buildings containing 4,090 square feet of building coverage. Each of these buildings could be occupied by a variety of office and retail land uses,all together generating more traffic than the one proposed 3,990 square foot bank. D. Zoning History Standard.The suitability of the subject property for the proposed planned development with respect to the length of time the property has remained undeveloped or unused in its current zoning district. - 3 - Findings of Fact Zoning and Subdivision Hearing Board Petition 08-03 March 19, 2003 Findings: The subject property is suitable for the intended conditional use for a planned development 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: R-2 Single Family Residence District Present: RB Residence Business District ARC Arterial Road Corridor Overlay District The subject property was annexed and zoned R2 Single Family Residence District in 1983. As a part of the comprehensive amendment to the zoning ordinance in 1992, the subject property was rezoned to RC2 Residence Conservation District. In 1998, the site was rezoned from RC2 Residence Conservation District to RB Residence Business District. A single family residence occupied the site until July of 1998 when it was demolished. In 2001,the City implemented the ARC Arterial Road Corridor Overlay District which requires any new building containing at least 1,000 square feet of building area to be subject to planned development approval. E. Surrounding Land Use and Zoning Standard. The suitability of the subject property for the intended conditional use for a planned development with respect to consistency and compatibility with surrounding land use and zoning. Findings: The subject property is suitable for the proposed planned development with respect to the surrounding land use and zoning standard. In general, the surrounding land uses are developed at a residential scale. The areas to the north,east,and west of the subject property are zoned RC2 Residence Conservation District, and are developed with single family residences. Directly to the south of the subject property is a CF Community Facility District. This property is developed with a nursing home designed at a scale that is residential in character. The proposed building will be complementary to the surrounding area. The building will be constructed primarily of high quality masonry materials. The roof of the building will have shingles and will be pitched. F. Trend of Development Standard. The suitability of the subject property for the intended conditional use for a planned development with respect to its consistency with an existing pattern of development or an identifiable trend of development in the area. elbk - 4 - Findings of Fact Zoning and Subdivision Hearing Board Petition 08-03 March 19, 2003 Findings: The subject property is suitable for the proposed planned development with respect to the trend of development standard. The subject property is located in an area of the city that was originally platted and developed as residential within the county. As traffic volumes increased on North McLean Boulevard,the residential character of the adjoining properties was compromised. In order to recognize the impact of increased traffic volumes and to limit the establishment of the kind of"strip commercial development"the city has experienced along Dundee Avenue,the city established the Limited Office District in 1978. Because the design standards of the office district were viewed as being too permissive, the City established the RB Residence Business District in 1992. The RB district opened up the permitted use list,but limited the scale of development to be more in keeping with a residential environment. The result has been the establishment of office uses primarily within a limited residential scale of development. G. Zoning District Standard. The suitability of the subject property for the intended conditional use for a planned development 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 RB Residence Business District is to conserve the residential character of certain properties located within "transportation corridors" as designated by the official comprehensive plan by providing various use alternatives,but with site design regulations in keeping with a residential environment. Findings. The subject property is suitable for the intended conditional use for a planned development with respect to conformance to the provisions for the purpose and intent, and the location and size of a zoning district. The site design regulations for the RB Residence Business District contain a provision limiting the maximum allowable lot width for any zoning lot. This provision is intended to limit the scale of development within the zoning district to a scale which is more residential in nature so that the adjoining residential areas are not compromised by the scale of development. If developed in full conformance with this provision, the subject property would be subdivided into three separate lots measuring approximately 115' x 185' (21,275 square feet). This would allow each lot to be developed with one building containing a total of 4,090 square feet of building coverage. While the applicant is requesting a departure of the maximum allowable lot width provision, the proposal is to develop the entire site with one building containing 3,990 square feet of building coverage.Additionally,the proposed site plan does exhibit more restrictive vehicle use area setbacks, total allowable building coverage and floor area, and landscaping than typically required by code. - 5 - Findings of Fact Zoning and Subdivision Hearing Board po... Petition 08-03 March 19, 2003 H. 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 conformance to the provisions for the purpose and intent of planned developments. 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. 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 purpose and intent of a conditional use for a planned development. The proposed conditional use for a planned development is in substantial conformance with the purpose and intent of the planned development provisions and the Arterial Road Corridor Guidelines. Extraordinary conditions or limitations governing site design have been imposed on the planned development. The applicant has agreed to limit the development of the site to one 3,990 square foot building rather than three 4,090 square foot buildings which would otherwise be allowed. The proposed building will be similar in height to the surrounding buildings and will be constructed of masonry exterior materials. Ample landscaping will be provided around all sides of the building and within the proposed parking areas. Comprehensive Plan Standard. The suitability of the subject property for the intended conditional use for a planned development with respect to conformance to the goals, objectives, and policies of the official comprehensive plan. Findings:The subject property is suitable for the proposed planned development with regard to the comprehensive plan standard. The subject property is designated as "Transportation Corridor" by the Official Comprehensive Plan of Elgin(1983). eibk - 6 - Findings of Fact Zoning and Subdivision Hearing Board row Petition 08-03 March 19, 2003 J. Natural Preservation Standard. The suitability of the subject property for the intended conditional use for a 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 proposed planned development with regard to the natural preservation standard. The subject property contains several stands of mature trees which are comprised of species such as oak,maple,walnut, and pine. Many of these trees are of viable quality, and should be preserved. While not all the trees will be preserved if the proposed development is approved, the applicant has designed the site to preserve approximately 22 trees on site. K. Internal Land Use Standard. The suitability of the subject property for the intended conditional use for a 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 subject property is suitable for the proposed planned development with regard to the internal land use standard. ril** No evidence has been submitted or found that the proposed planned 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 Elgin Zoning Ordinance. The applicant is requesting the following departures from the standard requirements of the RB Residence Business District: 1. Section 19.35.235 (C.) - Lot Width. The maximum allowable lot width in the RB Residence Business District is 145 feet. The applicant is proposing 345 feet of frontage along Highland Avenue, and 172 feet of frontage along McLean Boulevard. 2. Section 19.50.090 (B., 1.) — Maximum Number of Wall Signs. In the RB Residence Business District, one wall sign per street facing frontage is permitted. The applicant is proposing one wall sign on the west elevation. A sign is typically not permitted on the west elevation because it does not face a street. - 7 - Findings of Fact Zoning and Subdivision Hearing Board Petition 08-03 March 19, 2003 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 development has been designed in a manner that is consistent with the character of the surrounding residential land uses. The proposed building will be constructed of masonry materials and a pitched roof. The site will be extensively landscaped, with many of the existing trees preserved and incorporated into the site plan. 2. Zoning District. The purpose of the RB district zoning district is to limit development to a scale in keeping with a residential environment. The applicant is requesting a lot width departure to develop the site as a single zoning lot,rather than three separate zoning lots as is required by ordinance. While the proposed planned development does not conform to all of the regulations of the RB Residence Business District, it does exhibit a more restrictive application of other regulations of the zoning ordinance, including vehicle use area setbacks, total allowable building coverage and floor area, and landscaping. Accordingly, the additional restrictions placed on the development of the site represent reasonable mitigation for the requested lot width departure. B. Summary of Unresolved Issues. There are no unresolved issues. 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 Zoning and Subdivision Hearing Board recommends the approval of Petition 08-03. On a motion to recommend approval of the conditional use, subject to the following conditions,the vote was five (5)yes and zero (0)no: rbk 1. Substantial conformance with the Statement of Purpose, Conformance and Departures, prepared by Scott Richmond, no date. - 8 - r Findings of Fact Zoning and Subdivision Hearing Board Petition 08-03 March 19, 2003 2. Substantial conformance to the Stacking Plan, Site Plan, Signing Plan, and Landscape Plan,prepared by Merhar&Associates-Architects, and dated February 6, 2003. 3. Substantial conformance to the Preliminary Layout and Utility Plan, prepared by Carroll Engineering & Associates, P.C., and dated January 28, 2003 4. Substantial conformance with the Elevations, prepared by Merhar & Associates - Architects, and dated February 4, 2003. 5. Substantial conformance with the Wall Sign Elevation, dated February 13, 2003. One wall sign shall be permitted on the east and the west elevations. 6. The proposed dumpster enclosure shall be constructed of the same brick material as the proposed building. 7. Revisions to the site plan per the Engineering Division. 8. Revisions to the Landscape plan as required by the Community Development Group. rik 9. The three most southerly of the seven parking stalls located adjacent to McLean Boulevard shall be removed. 10. All existing trees shown on the landscape plan shall be appropriately protected and preserved during and after construction. 11. Compliance with all applicable codes and ordinances. Therefore, the motion to recommend approval of Petition 08-03 was adopted. W �J --° Robert Langlois, Cha. an Zoning and Subdivision Hearing Board w David Sun land, Secretary Zoning and Subdivision Hearing Board rik - 9 -