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HomeMy WebLinkAboutG51-04 Ordinance No. G51-04 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT TO PERMIT THE CONSTRUCTION OF A BUILDING ADDITION IN THE CI COMMERCIAL INDUSTRIAL DISTRICT AND THE ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT (908-910 East Chicago Street) WHEREAS, written application has been made for a conditional use for a planned development which will allow for the construction of a building addition to be used as an automobile repair shop within the CI Commercial Industrial District and the ARC Arterial Road Corridor Overlay District at 908-910 East Chicago 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: Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated April 7, 2004, 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 addition to be used as an automobile repair shop within the CI Commercial Industrial District and the ARC Arterial Road Corridor Overlay District at 908-910 East Chicago Street and legally described as follows: That part of lot 11 in county clerk's division of the south half of section 18, township 41 north, range 9 east of the third principal meridian according to the plat thereof recorded June 20, 1895 as document #2237127 in Cook county, Illinois, described as follows: beginning at a point in the north line of Chicago Street, which point is also the intersection of the north line of Chicago Street and the east line of the Ettner tract; thence south 67° 14' 00" east along the north line of Chicago Street, 282.80 feet, which is also the southwest corner of a certain tract heretofore conveyed to Kathryn Witt by deed dated October 24, 1949 and recorded as document no. 14664840; thence north 21° 26' 00" east, along the west line of said Witt tract, 134.20 feet; thence continuing along the west line of said Witt tract, north 10° 48' 00" east, 429.40 feet to a point in the north line of said lot 11 which is also the northwest corner of said Witt tract; thence north 79° 52' w 00" west, along said north line, 300.40 feet to the northeast of the Ettner tract; thence south 11° 26' 00"west, along the east line of said Ettner tract, 498.0 feet to the place of beginning; (except that part of said lot 11 described as follows; beginning at a point in the north line of Chicago Street, which point is also the intersection of the north line of Chicago Street and the east line of the Ettner tract; thence south 67° 14' 00" east, along the north line of Chicago Street 110.0 feet; thence north 11° 26' 00" east, parallel with the east line of said Ettner trace to the north line of said lot 11; thence north 79° 52' 00" west, along the north line of said lot 11 to the northeast corner of said Ettner tract; thence south 11° 26' 00" west, along the east line of said Ettner tract, 498.0 feet to the place of beginning) in Cook County, Illinois (property commonly known as 908-910 East Chicago Street). be and is hereby granted subject to the following conditions: 1. Substantial conformance to the Statement of Purpose and Conformance, submitted by Avid Architecture, and dated December 23, 2003. 2. Substantial conformance to the Landscape Plan, submitted by Pat Hill Landscape Designs, and dated March 16, 2004. 3. Substantial conformance to the Development Plan, encompassing the Site Plan, Mezzanine and Floor Plan, Enlarged Office Plan, and Building Elevation, submitted by Avid Architecture, and dated March 16, 2004. 4. Substantial conformance to the Sign Exhibit, prepared by All-Right, Inc, dated 3- 16-04. The two existing signs shall be removed from the property and replaced with a sign which conforms to the sign ordinance. 5. 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. .I�liorz Ed Schoc Mayor Presented: May 12, 2004 Passed: May 12, 2004 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: May 13, 2004 Published: Attest: Dolonna Mecum, City Clerk April 7, 2004 FINDINGS OF FACT Zoning and Subdivision Hearing Board City of Elgin, Illinois SUBJECT Consideration of Petition 05-04 Requesting A Conditional Use for a Planned Development in the CI Commercial Industrial District and the ARC Arterial Road Corridor Overlay District,to Permit the Construction of a Building Addition;Property Located at 908-910 East Chicago Street,By Hy-Tech Carstar, as Applicant, and Joe Maslanka, as Owner. BACKGROUND Requested Action: Conditional Use Approval Current Zoning: ARC Arterial Road Corridor Overlay District CI Commercial Industrial District Existing Use: Automotive Repair Shop Proposed Use: Automotive Repair Shop Property Location: 908-910 East Chicago Street Applicant: Hy-Tech Carstar Owner: Joe Maslanka 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 Map (see attached) raw E. Site Photos (see attached) Exhibit A , Findings of Fact Zoning and Subdivision Hearing Board Petition 05-04 April 7, 2004 F. Statement of Purpose and Conformance (see attached) G. Draft Conditional Use Ordinance (see attached) BACKGROUND An application has been filed by Hy-Tech Carstar, requesting a conditional use for a planned development to permit the construction of a building addition in the CI Commercial Industrial District and the ARC Arterial Road Corridor Overlay District. The property is located at 908-910 East Chicago Street(reference Exhibits A, B, C, D, and E). The applicant is proposing to demolish a portion of the existing Carstar building and to construct an addition on to the remaining portion of the building. The proposed building addition requires conditional use approval due to the site being located in an ARC Arterial Road Corridor Overlay District. The purpose and intent of the ARC overlay district is to ensure quality development along the city's entryway corridors. The building addition will be constructed of primarily masonry building products (reference Exhibits F and G). FINDINGS After due notice,as required by law,the Zoning and Subdivision Hearing Board conducted a public hearing in consideration of Petition 05-04 on April 7, 2004. 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. No written correspondence has been submitted. Staff submitted a Conditional Use Review dated March 18, 2004. 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 2.36 acres of land. The property is currently developed with a 6,700 square foot commercial building, a 3,850 square foot commercial building, and paved vehicle use areas. There is a significant change in. topography at the northern portion of the site. The northern portion of the site also contains heavy vegetation. 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. 2 Findings of Fact Zoning and Subdivision Hearing Board Petition 05-04 April 7, 2004 r Findings. The subject property is suitable for the intended zoning district with respect to the sewer and water standard. The property will be served by municipal sanitary sewer, storm sewer, and water services. 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 may be suitable for the intended zoning district with respect to the traffic and parking standard. The subject property is located on the north side of East Chicago Street.Chicago Street is an arterial road serving the areas east of the Fox River. The site will be accessed from two points on East Chicago Street. As part of the redevelopment of this site,the applicant will be limiting the easternmost access point to one- way inbound traffic. Off street parking will be provided in conformance with the zoning 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: B Residential District 1950: D Commercial District 1960: D Commercial District 1962: B3 Service Business District 1992: B3 Service Business District Present: CI Commercial Industrial District ARC Arterial Road Corridor Overlay District The subject property is currently being utilized by two commercial businesses, which are permitted uses in the current zoning district. 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. 3 Findings of Fact Zoning and Subdivision Hearing Board Petition 05-04 April 7, 2004 Findings. The subject property is suitable for the intended zoning district with respect to consistency and compatibility with surrounding land use and zoning. The area to the northwest of the subject property is zoned SFR 1 Single Family Residence District and is developed with residences.The area to the northeast of the subject property is zoned CF Community Facility District and is developed with a church.The areas to the west, east, and south are zoned CI Commercial Industrial District and are developed with commercial uses. 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 is suitable for the intended zoning district with respect to consistency with an existing pattern of development or an identifiable trend within the area. The subject property is located in the center of the East Chicago Street commercial corridor. G. Zoning District Standard. The suitability of the subject property for the intended 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 CI Commercial Industrial District is to provide for an existing pattern of development in which certain commercial and industrial land uses have located together. The land uses provided for within the CI Zoning District are also provided for within other zoning district,which in general are more in keeping with the purpose and intent of this Title, and 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 conformance to the provisions for the purpose and intent,and the location and size of a zoning district. The proposed use is a permitted use in the CI Commercial Industrial District.The applicant is not requesting any departures from the standards of the CI District,and will be bringing the site into conformance with the landscaping and sign ordinances. 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: 4 Findings of Fact Zoning and Subdivision Hearing Board Petition 05-04 April 7, 2004 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. 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 located within the district shall also be subject to the regulations of the underlying zoning district in which it is located. 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 subject property is located in a well established commercial area.The building addition will be constructed of quality building materials. Additionally,the applicant is proposing to remove the two non-conforming freestanding signs from the property,and replace them with one freestanding sign which will meet the requirements of the sign ordinance.The applicant will also be adding landscaping to the property. These improvements will increase the aesthetic appeal of the property, and will meet the intent of the ARC District. H. Comprehensive Plan Standard. The suitability of the subject property for the intended 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 intended zoning district with respect to the Comprehensive Plan Standard. The subject property is designated as "Mixed Commercial Industrial," by the 1983 Comprehensive Plan. The proposed planned development is in conformance with this designation. 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 planned development with respect to the Natural Preservation Standard. 5 ' r Findings of Fact Zoning and Subdivision Hearing Board Petition 05-04 April 7, 2004 There is a significant change in topography at the northern portion of the site. The northern portion of the site also contains heavy vegetation. All of these natural features will be preserved during the redevelopment of the subject property. J. Internal Land Use Standard. The suitability of the subject property for the intended 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 intended planned development with respect to the internal land use standard. The subject property is located within a mature commercial area;however,a residential area exists to the northwest of the subject property. The topography and vegetation provide a natural buffer to separate the dissimilar land uses. The building addition will not encroach any closer to the residential area.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. rbk 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 purpose and intent of the ARC overlay district is to ensure quality development along the city's entryway corridors. The building addition and other site improvements will enhance the image of a highly traveled gateway into the city. 2. Conditional Use for a Planned Development. The subject property is located in a well established commercial area. The building addition will be constructed of quality building materials. Additionally,the applicant is proposing to remove the two non-conforming freestanding signs from the property, and replace them with one freestanding sign which will meet the requirements of the sign ordinance. The applicant will also be adding landscaping to the property.These improvements will increase the aesthetic appeal of the property, and will meet the intent of the ARC District. B. Summary of Unresolved Issues. There are no unresolved issues. 6 Findings of Fact Zoning and Subdivision Hearing Board Petition 05-04 April 7, 2004 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 05-04. On a motion to recommend approval of the conditional use,subject to the following conditions,the vote was seven(7)yes and zero(0) no: 1. Substantial conformance to the Statement of Purpose and Conformance,submitted by Avid Architecture, and dated December 23, 2003. 2. Substantial conformance to the Landscape Plan, submitted by Pat Hill Landscape Designs, and dated March 16, 2004. 3. Substantial conformance to the Development Plan, encompassing the Site Plan, Mezzanine and Floor Plan,Enlarged Office Plan,and Building Elevation,submitted by Avid Architecture, and dated March 16, 2004. 4. Substantial conformance to the Sign Exhibit,prepared by All-Right,Inc,dated 3-16- 04. The two existing signs shall be removed from the property and replaced with a sign which conforms to the sign ordinance. 5. Compliance with all other applicable codes and ordinances. Therefore, the motion to recommend approval of Petition 05-04 was adopted. Respectfully submitted: L ,Ark Robe •, Ch rman ep Lang Zoning and Subdivision Hearing Board Lt}On e di den Pruss, Secretary Zoning and Subdivision Hearing Board 7