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HomeMy WebLinkAboutG93-04 Ordinance No. G93-04 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT TO PERMIT THE CONSTRUCTION OF A BUILDING ADDITION IN THE AB AREA BUSINESS DISTRICT AND THE ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT (333 South McLean Boulevard) 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 a multiple tenant commercial building within the AB Area Business District and the ARC Arterial Road Corridor Overlay District at 333 South 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 October 20, 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 a multiple tenant commercial center within the AB Area Business District and the ARC Arterial Road Corridor Overlay District at 333 South McLean Boulevard and legally described as follows: The North 25 feet of Lot 20, and of Lots 21, and 22 in Block LIX of the Plat of South Washington Heights of Lot 2 in the Northeast Quarter of Section 22, Townships 41 North, range 8, East of the Third Principal Meridian, (except that part conveyed to the city of Elgin by Document 1778884, described as follows: Beginning at the Northwest corner of the above described property; thence Southerly 125.38 feet along the Westerly line of said property on an assumed bearing of South 03 degrees 28 minutes 58 seconds West of the Southwest corner of said property; thence North 89 degrees 55 minutes 54 seconds East, 9.37 feet; thence North 02 degrees 27 minutes 09 seconds East, 125.26 feet to a point on the North line of said property; Documents 360852, 360855, 769855, and 780568); all in the City of Elgin, Kane County, Illinois (property commonly known as 333 South McLean Boulevard). be and is hereby granted subject to the following conditions: rook 1. Substantial conformance to the Statement of Purpose and Conformance, submitted by GEA Architects, and dated September 8, 2004. 2. Substantial conformance to the Retail Addition Plan, encompassing the Landscape Plan, Building Elevations, and Monumental Sign Elevations, submitted by GEA Architects, and dated April 13, 2004. 3. 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. Ed Schock, Mayor Presented: December 1, 2004 Passed: December 1, 2004 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: December 2, 2004 Published: Attest: Dolonna Mecum, City Clerk r } October 20, 2004 FINDINGS OF FACT Zoning and Subdivision Hearing Board City of Elgin,Illinois SUBJECT Consideration of Petition 64-04 Requesting a Conditional Use for a Planned Development in the AB Area Business District and the ARC Arterial Road Corridor Overlay District, to Permit the Construction of a Building Addition; Property Located at 333 South McLean Boulevard, GEA Architects, Ltd., as Applicant, and BP Realty Partners as Owner. GENERAL INFORMATION Requested Action: Conditional Use Approval Current Zoning: ARC Arterial Road Corridor Overlay District AB Area Business District Existing Use: Multiple Tenant Commercial Building Proposed Use: Multiple Tenant Commercial Building Property Location: 333 South McLean Boulevard Applicant: GEA Architects, Ltd Owner: BP Realty Partners 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) E. Site Photos (see attached) Exhibit A Findings of Fact Zoning and Subdivision Hearing Board Petition 64-04 October 20, 2004 F. Statement of Purpose and Conformance (see enclosed) G. Development Plan (see enclosed) H. Draft Conditional Use Ordinance (see enclosed) I. Related Correspondence (see enclosed) BACKGROUND An application has been filed by GEA Architects,Ltd.,requesting a Conditional Use for a Planned Development in the AB Area Business District and the ARC Arterial Road Corridor Overlay District, to permit the construction of a building addition. The property is located at 333 South McLean Boulevard(reference Exhibits A, B, C, D, and E). The applicant is proposing to construct a building addition to the southern portion of the existing building.The addition will contain approximately 2,320 square feet of floor area.The addition would be constructed of masonry building materials which compliment the existing building. Additional landscaping is also proposed for the eastern portion of the site. The proposed building addition requires Planned Development 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 (reference Exhibits F, G,H, and I). FINDINGS After due notice,as required by law,the Zoning and Subdivision Hearing Board conducted a public hearing in consideration of Petition 64-04 on October 20,2004. The applicant testified at the public hearing and presented documentary evidence in support of the application. Staff submitted a Conditional Use Review, dated October 5, 2004. The Zoning and Subdivision Hearing Board has made the following general 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 19,323 square feet of land area. 2 Findings of Fact Zoning and Subdivision Hearing Board Petition 64-04 October 20, 2004 The property is currently developed with a 2,508 square foot commercial building and a paved vehicle use area. There are no significant natural features present on this site. 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. 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 east side of South Mclean Boulevard. South McLean Boulevard is an arterial street, serving the west side of Elgin. 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: Out of City 1950: Out of City 1960: Out of City 1962: B3 Service Business District 1992: B3 Service Business District Present: AB Area Business District fir• ARC Arterial Road Corridor Overlay District 3 Findings of Fact Zoning and Subdivision Hearing Board Petition 64-04 October 20, 2004 The subject property was annexed in 1963.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. Findings. The subject property is suitable for the intended zoning district with respect to consistency and compatibility with surrounding land use and zoning. The areas to the north, south, and west are zoned AB Area Business District and have developed with commercial uses. The area to the east of the subject property is zoned RC2 Residence Conservation District and is 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 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 a commercial area centered at South McLean Boulevard and Route 20. 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 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 CC 1 Center City District. 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 AB Area Business District.Departures from the site design requirements of the AB District will be necessary for the building addition to be built as proposed. However, a landscape buffer is proposed for the eastern portion of the property which exceeds the requirements of the landscaping ordinance. 4 Findings of Fact Zoning and Subdivision Hearing Board Petition 64-04 October 20, 2004 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. 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.The building addition will be complementary in appearance to the existing building.Additional landscaping will be planted near the eastern portion of the site,and a refuse collection area will be constructed to screen the dumpsters from view.These improvements will increase the aesthetic appeal of the property, and will meet the intent of the ARC District. 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. 5 Findings of Fact Zoning and Subdivision Hearing Board Petition 64-04 October 20, 2004 The subject property is designated as"Transportation Corridor,"by the 1983 Comprehensive Plan. The proposed planned development is in conformance with this designation. J. 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. There are no significant natural features located on this property. K. 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 east of the subject property. A heavy landscaping buffer planted between the building and the east property line will adequately buffer the commercial district from the residential district.Additionally,the proposed building addition will be setback further from the east property line than the existing building is setback.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 AB Area Business District: A. Section 19.35.435.E.0—Transition Setback. The AB District requires a minimum 50 foot transition building setback along the east property line. The applicant is proposing a 26' 8" foot transition landscape yard(a 48%departure).The transition landscape yard will contain landscaping materials which exceed the requirements of the zoning ordinance. r 6 D Findings of Fact Zoning and Subdivision Hearing Board Petition 64-04 October 20,2004 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.The building addition will be complementary in appearance to the existing building.Additional landscaping will be planted near the eastern portion of the site,and a refuse collection area will be constructed to screen the dumpsters from view.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. 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 64-04. 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: 1. Substantial conformance to the Statement of Purpose and Conformance,submitted by GEA Architects, and dated September 8, 2004. 2. Substantial conformance to the Retail Addition Plan, encompassing the Landscape Plan, Building Elevations, and Monumental Sign Elevations, submitted by GEA Architects, and dated April 13, 2004. 7 Findings of Fact Zoning and Subdivision Hearing Board Petition 64-04 October 20, 2004 3. Compliance with all other applicable codes and ordinances. Therefore, the motion to recommend approval of Petition 64-04 was adopted. Respectfully submitted: k itA Zei,h74-t-; ,r, Robert Langlois, Chairman Zoning and Subdivision Hearing Board Za.vt.„24„ / (-1.) Lauren Pruss, Secretary Zoning and Subdivision Hearing Board r r 8