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HomeMy WebLinkAboutG78-03 Ordinance No. G78-03 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT TO PERMIT THE CONSTRUCTION OF A BUILDING TO BE USED AS AN AUTOMOBILE PARTS DEALER, AND A MULTIPLE TENANT COMMERCIAL BUILDING WITHIN AN AB AREA BUSINESS DISTRICT AND ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT (1881 LARKIN AVENUE) WHEREAS, written application has been made for a conditional use for a planned development which will allow for the construction of a building to be used as an automobile parts dealer and a multiple tenant commercial building within the AB Area Business District and an Arterial Road Corridor Overlay District at 1881 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 20, 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 building to be used as an automobile parts dealer and a multiple tenant commercial building within the AB Area Business District and the Arterial Road Corridor Overlay District at 1881 Larkin Avenue and legally described as follows : BEING A PARCEL OF LAND IN ELGIN, ILLINOIS DENOTED AS LOTS 1, 2 , 3 , AND 4 IN FOX RIVER HILLS MAP NUMBER 4 SUBDIVISION IN THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 16, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, RECORDED NOVEMBER 2, 1945 AS DOCUMENT NUMBER 538819, EXCEPT THE SOUTH 50 . 0 FEET OF LOTS 1 , 2 , AND 3 , ALL IN KANE COUNTY, ILLINOIS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : r BEGINNING AT A POINT IN THE SOUTHERLY RIGHT-OF-WAY LINE OF LARKIN AVENUE, SAID POINT BEING 0 . 62 FEET SOUTH OF AN IRON PIPE NEAR THE EASTERLY RIGHT-OF-WAY LINE OF MAPLE STREET; THENCE, WITH SAID SOUTHERLY RIGHT-OF-WAY LINE OF LARKIN AVENUE THE FOLLOWING CALLS; AN ARC HAVING A RADIUS OF 9, 862 . 88 FEET WITH AN ARC LENGTH OF 268 . 56 FEET, AND A CHORD BEARING OF N 78° 37 ' 10" E, AND A CHORD LENGTH OF 268 . 55 FEET TO A POINT NEAR AN IRON PIPE; S 01° 49 ' 07* W, 256 .20 FEET TO A POINT; N 89° 18 ' 45" W, 65.33 FEET TO A POINT NEAR AN IRON PIPE; N 01° 48 ' 38" E, 50 FEET TO A POINT; N 89° 18 ' 45" W, 196 . 04 FEET TO A POINT NEAR AN IRON PIN AT THE EASTERLY MARGIN OF MAPLE STREET; N 01° 46 ' 19" W, 150 . 00 FEET TO THE POINT OF BEGINNING; CONTAINING 49, 661 . 13 SQUARE FEET OR 1 . 14 ACRES, MORE OR LESS (PROPERTY COMMONLY KNOWN AS 1881 LARKIN AVENUE) . be and is hereby granted subject to the following conditions : 1 . Substantial conformance to the Statement of Purpose and Conformance submitted by Wayne Tomlinson, dated, dated June 25, 2003 . 2 . Substantial conformance to the Conceptual Site Plan, prepared by WT Civil Engineering, LLC, dated April 8 , 2003 , and revised August 27, 2003 . 3 . Substantial conformance to the Site Landscape Plan, prepared by WT Civil Engineering, LLC, dated July 10, 2003 , and revised August 27, 2003 4 . Substantial conformance to the Exterior Building Elevations, prepared by Dahlquist and Lutzow Architects, Ltd. , dated July 11, 2003 . 5 . Substantial conformance to the Site Signage Plan, prepared by WT Civil Engineering, LLC, dated August 27, 2003 . The base of the monument sign should be of masonry construction, and the top of the sign should include a cornice . 6 . All lighting fixtures located on site shall be decorative in nature, and approval of such fixtures is subject to the review and approval of the Community Development Group. 7 . Resolution of all Engineering Division concerns . 8 . There shall be no servicing automobiles out of doors . 9 . Compliance with all other applicable codes and ordinances . Section 3 . That the conditional use granted herein shall expire if not established within two years 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. AGM. d Schock, Mayor Presented: September 24 , 2003 Passed: September 24 , 2003 Omnibus Vote : Yeas : 6 Nays : 0 Recorded: September 25, 2003 Published: Attest : r Dolonna Mecum, City Clerk emb. August 20, 2003 FINDINGS OF FACT Zoning and Subdivision Hearing Board City of Elgin,Illinois SUBJECT Consideration of Petition 38-03 Requesting a Conditional Use for a Planned Development to Permit the Construction of a Commercial Building to be used as an Automobile Parts Dealer and a Multiple Tenant Commercial Building in the AB Area Business District and the ARC Arterial Road Corridor District; Property Located at 1881 Larkin Avenue by Wayne Tomlinson, as Applicant, and Mike Keisammi, as Owner. GENERAL INFORMATION Requested Action: Conditional Use Approval AB Area Business District Current Zoning: ARC Arterial Road Corridor Overlay District Intended Use: Commercial Building Property Location: 1881 Larkin Avenue Applicant: Wayne Tomlinson Owner: Mike Keisammi 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. Site Photographs (see attached) F. Statement of Purpose and Conformance (see attached) Exhibit A Findings of Fact Zoning and Subdivision hearing Board Petition 38-03 August 20, 2003 G. Development Plan (see attached) H. Draft Conditional Use Ordinance (see attached) BACKGROUND An application has been filed by Wayne Tomlinson, requesting a conditional use for a planned development to permit the construction of a new commercial building. The subject property is located at 1881 Larkin Avenue (reference Exhibits A, B, C, D, and E). The applicant is proposing to raze the existing building and construct a 10,900 square foot commercial building which would be used for the retail sale of automobile parts. The building would contain three additional tenant spaces, whose tenants are unknown at this time. The building will be constructed primarily of masonry materials (reference Exhibits F, G, and H). The proposed retail sale of automobile parts is a permitted use in the AB Area Business District. However, the building is located in an ARC Arterial Road Corridor Overlay District, in which conditional use approval is required for all new buildings greater than 1,000 square feet in floor area. The applicant is not requesting any departures from the standards of the AB Area Business District. GENERAL FINDINGS After due notice, as required by law, the Zoning and Subdivision Hearing Board conducted a public hearing in consideration of Petition 38-03 on August 20, 2003. The applicant testified at the public hearing and presented documentary evidence in support of the application. No citizens gave testimony at the public hearing. The Community Development Group submitted a Conditional Use Review dated August 11, 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 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 49,802 square feet of lot area. The property is improved with two commercial buildings and a parking lot. Topography on the site ranges from a high point of 2 Findings of Fact Zoning and Subdivision hearing Board Petition 38-03 August 20, 2003 elk 831 feet at the northeast portion of the site to a low point of 821 feet at the west portion of the site, for a maximum relief of 10 feet. 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. The subject property is located at the southeast corner of Larkin Avenue and Maple Street. Larkin Avenue is an arterial road which serves the west side of Elgin. Maple Street is local street serving the adjacent residential uses. Off street parking will be provided in accordance with the zoning ordinance. D. Zoning History Standards. The subject property was zoned as follows for the years listed: 1927 Out of City 1950 Out of City 1962 Out of City 1992 B4 General Business District Present AB Area Business District ARC Arterial Road Corridor Overlay District The subject property was annexed into the City of Elgin in December, 1974, and zoned B4 General Business District. E. Surrounding Land Use and Zoning Findings. 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. 3 Findings of Fact Zoning and Subdivision hearing Board Petition 38-03 August 20, 2003 The properties to the north, south, east, and west are zoned AB Area Business District and are developed with commercial uses. F. Trend of Development Findings. The western portion of the Larkin Avenue corridor has developed primarily with commercial uses. Buildings which have been constructed in the area in recent years have been masonry construction. G. Zoning District Findings. 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 CC1 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, a property Iocated within the district shall also be subject to the regulations of the underlying zoning district in which it is located. Findings. The subject property may be 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 the AB and ARC zoning districts. With respect to the underlying AB and ARC District regulations, the proposed automobile parts retail store is a permitted use in the AB Area Business District. The facility will be designed and operated in conformance with the AB District regulations. No departures from the site design regulations of the AB Area Business District are being requested. The building as proposed will be constructed primarily of quality masonry material. The site will be sufficiently landscaped, and will otherwise conform to the ARC District design guidelines. 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 the provisions for the purpose and intent of planned developments. No conditional use for a planned development 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 rik conditional use, the planned development should demonstrate the following characteristics: 4 Findings of Fact Zoning and Subdivision hearing Board Petition 38-03 August 20, 2003 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 may be 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 proposed planned development will allow for the construction of a new building on land which is undevelopable without planned development approval. The site is currently underutilized, and the proposed redevelopment of the site will enhance the image of a highly traveled gateway into the City of Elgin. 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 intended conditional use for a planned development with respect to the comprehensive plan. The subject property is designated as "Area Village Center" by the Official Comprehensive Plan of Elgin (1983). The proposed new commercial use is consistent with this land use designation. 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 planned development with respect to the preservation of all significant natural features including topography, watercourses, wetlands, and vegetation. Findings. The subject property may be suitable for the intended conditional use for a planned development with respect to the natural preservation standard. There are several mature trees located on the site which will be removed during the redevelopment of this 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. 5 Findings of Fact Zoning and Subdivision bearing Board Petition 38-03 August 20, 2003 Findings. The subject property is suitable for the intended conditional use for a planned development with respect to the internal land use standard. 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. 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 new retail stores are likely to generate additional retail and property tax revenue for the community. If the site is developed in accordance with the Community Development Group's recommendations, an attractive new building will be constructed on one of Elgin's gateway corridors. 2. Zoning District. With respect to the underlying AB and ARC District regulations, the proposed automobile parts retail store is a permitted use in the AB Area Business District. The facility will be designed and operated in conformance with the AB District regulations. No departures from the site design regulations of the AB Area Business District are being requested. The building as proposed will be constructed primarily of quality masonry material. The site will be sufficiently landscaped, and will otherwise conform to the ARC District design guidelines. B. Summary of Unresolved Issues. There are no unresolved issues. C. Summary of Alternatives. Other than approval, denial, or an approval with some combination of conditions, there are no substantive alternatives. 6 Findings of Fact Zoning and Subdivision bearing Board Petition 38-03 August 20, 2003 elk RECOMMENDATION The Zoning and Subdivision Hearing Board recommends the approval of Petition 38-03. On a motion to recommend approval of the conditional use, subject to the following conditions, the vote was six (6) yes and zero (0)no: 1. Substantial conformance to the Statement of Purpose and Conformance submitted by Wayne Tomlinson, dated, dated June 25, 2003. 2. Substantial conformance to the Conceptual Site Plan, prepared by WT Civil Engineering, LLC, dated April 8, 2003, and revised August 12, 2003. 3. Substantial conformance to the Site Landscape Plan, prepared by WT Civil Engineering, LLC, dated July 10, 2003, and revised August 12, 2003, with the following revisions, which will be subject to the review and approval of the Community Development Group: a. Provide additional landscaping adjacent to the building, the refuse collection area, and around the perimeter of the parking areas. b. There shall be a minimum of 4 species each of trees and shrubs, half coniferous, half deciduous. c. Provide a bike rack on site. 4. Substantial conformance to the Exterior Building Elevations, prepared by Dahlquist and Lutzow Architects, Ltd., dated July 11, 2003. 5. The provision of signs which conform to the requirements of the sign ordinance. Additionally, the base of the monument sign should be of masonry construction, and the top of the sign should include a cornice. 6. All lighting fixtures located on site shall be decorative in nature, and approval of such fixtures is subject to the review and approval of the Community Development Group. 7. Resolution of all Engineering Division concerns. 8. There shall be no servicing automobiles out of doors. 9. Compliance with all other applicable codes and ordinances. 7 Findings of Fact Zoning and Subdivision hearing Board Petition 38-03 August 20, 2003 Therefore,the motion to recommend approval of Petition 38-03 was adopted. At_)/61(1-1) Roder, Chairman Pro Tern suing and Subdivision Hearing Board tutuill Audf62- . ,r n Pruss, Secretary Zoning and Subdivision Hearing Board tois. r 8