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HomeMy WebLinkAboutG64-05 Ordinance No. G64-05 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 (1 572 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 addition to be used as a car wash within the AB Area Business District and the ARC Arterial Road Corridor Overlay District at 1572 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 May 4, 2005, 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 car wash within the AB Area Business District and the ARC Arterial Road Corridor Overlay District at 1572 Larkin Avenue and legally described as follows: Lot 1 (except the East 57.50 feet as measured along the , North line thereof and also except that part conveyed to the people of the State of Illinois by deed recorded May 11, 1984 as documented 1679358) of Harris Oil Subdivision, in the City of Elgin, Kane County, Illinois (property commonly known as 1572 Larkin Avenue) be and is hereby granted subject to the following conditions: 1. Substantial conformance to the Statement of Purpose and Conformance, submitted by Peter Bazos, and dated March 23, 2005. 2. Substantial conformance to the Site Plan(sheet A3), prepared by Design Studio C, dated February 15, 2005. 3. Substantial conformance to the Building Elevations (sheets A, B, and C),prepared by Design Studio C, dated June 30, 2005. 4. Substantial conformance to the Landscape Plan, prepared by George Kay and Associates, dated April 21, 2005. Additionally, the vinyl fence located along the east property line shall be removed. 5. Substantial conformance to the Ground Sign Plan, prepared by Design Studio C, dated February 15, 2005. The existing freestanding sign shall be removed and replaced with a monument sign which conforms to the sign ordinance. 6. Conformance with all 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: July 27, 2005 Passed: July 27, 2005 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: July 28, 2005 Published: Attest: }� , Dolonna Mecum, City Clerk r rbk May 4, 2005 FINDINGS OF FACT Zoning and Subdivision Hearing Board City of Elgin, Illinois SUBJECT Consideration of Petition 26-05 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 1572 Larkin Avenue by Brittain Investments, as Applicant and Owner. BACKGROUND Requested Action: Conditional Use Approval Current Zoning: ARC Arterial Road Corridor Overlay District AB Area Business District Existing Use: Car Wash Property Location: 1572 Larkin Avenue Applicant/Owner: Brittain Investments Staff Coordinator: Todd Wyatt, Associate Planner LIST OF EXHIBITS I.Location Map (see attached) II.Zoning Map (see attached) III.Parcel Map (see attached) IV.Aerial Map (see attached) V.Site Photos (see attached) VI.Statement of Purpose and Conformance (see attached) G. Development Plan (see attached) Ex417), v 4 Exhibit A H. Draft Conditional Use Ordinance (see attached) I. Correspondence (see attached) BACKGROUND An application has been filed by Brittain Investments, 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 and a new façade on the existing building. The property is located at 1572 Larkin Avenue (reference Exhibits A, B, C, D, and E). The applicant is proposing to construct a building addition to the northern portion of the existing building. The existing building contains approximately 2,359 square feet of floor area. The applicant is proposing to remove a portion of the existing building and construct an addition containing approximately 520 square feet of floor area. The building will contain approximately 2,660 square feet after the work has been completed. The applicant is also proposing to construct a new façade on the building, consisting of masonry materials and EIFS. Additional landscaping and new signage is also proposed for the site. The proposed building addition and new façade 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. Additionally, the car wash is considered a lawful conditional use in the AB Area Business District. Expansion of a conditional use requires conditional use approval (reference Exhibits F, G, H, and I). FINDINGS After due notice, as required by law, the Zoning and Subdivision Hearing Board held a public hearing in consideration of Petition 26-05 on May 4, 2005. The applicant testified at the public hearing and presented documentary evidence in support of the application. No public testimony was presented. The Community Development Group submitted a Conditional Use Review, dated April 21, 2005. The Zoning and Subdivision Hearing Board has made the following findings concerning the standards for map amendments: 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 17,280 square feet of land area. The property is currently developed with a 2,359 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 north side of Larkin Avenue. Larkin Avenue is an arterial street, serving the west side of Elgin. Jane Drive is a collector street, which serves the commercial and residential uses located north of Larkin Avenue. 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: B4 General Business District 1992: B3 General Business District Present: AB Area Business District ARC Arterial Road Corridor Overlay District The subject property was annexed in 1962. The subject property is currently being utilized as a car wash, which is considered a lawful, conditional use in the current zoning district. The expansion of an existing conditional use requires conditional use approval. 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 east and west are zoned AB Area Business District and have developed with commercial uses. The area to the north of the subject property is zoned MFR Multiple Family Residence District and is developed with residential use. The area to the south is zoned CF Community Facility District, and is developed with a church. 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 western portion of the Larkin Avenue corridor has developed primarily with commercial uses. 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 CC1 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 lawful conditional use in the AB Area Business District. No departures from the site design requirements of the AB District will be necessary for(gib' building addition to be built as proposed. The site will be brought into conformance with the landscaping and sign ordinances as part of the planned development process. 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. In general, the purpose and intent of the provision for planned developments is to accommodate unique development situations. For planned development districts, the planned development should demonstrate the following characteristics: 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 applicant is proposing to add landscaping to the site, and to bring the freestanding sign into conformance with the sign ordinance. The applicant is also proposing to enhance the building by constructing a new facade on the entire building consisting of a combination of masonry and E.I.F.S. material. The proposal is in conformance with the purpose and intent of the standards of the ARC Arterial Road Corridor Overlay 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 0.16' Findings. The subject property is suitable for the intended zoning district with respect to the Comprehensive Plan Standard. The subject property is designated as "Commercial," by the 2005 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. There are no significant natural features located on this property. A. 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. 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 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 applicant is proposing to add landscaping to the site, and to bring the freestanding sign into conformance with the sign ordinance. The applicant is also proposing to enhance the building by constructing a new façade on the entire building consisting of a combination of masonry and E.I.F.S. material. The proposal is in conformance with the purpose and intent of the standards of the ARC Arterial Road Corridor Overlay 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 hereby recommends the approval of Petition 26-05. On a motion to recommend approval, subject to the following conditions, the vote was four (4) yes and zero (0)no: 1. Substantial conformance to the Statement of Purpose and Conformance, submitted by Peter Bazos, and dated March 23, 2005. 2. Substantial conformance to the Site Plan (sheet A3), prepared by Design Studio C, dated February 15, 2005, with revisions as required by the Community Development Group. 3. Substantial conformance to the Building Elevations (sheets A4 and A5), prepared by rk Design Studio C, dated February 15, 2005. 4. Substantial conformance to the Landscape Plan, prepared by George Kay and Associates, dated April 21, 2005, with revisions as required by the Community Development Group, including the addition of 9 evergreen shrubs planted along the north property line, or the provision of a fence which conforms to the zoning ordinance. Additionally, the vinyl fence located along the east property line shall be removed. 5. Substantial conformance to the Ground Sign Plan, prepared by Design Studio C, dated February 15, 2005. The existing freestanding sign shall be removed and replaced with a monument sign which conforms to the sign ordinance. 6. Conformance with all applicable codes and ordinances. Therefore, the motion to recommend approval of Petition 26-05 was adopted. Respectfully submitted: Dan Weiler, Chairman Zoning and Subdivision Hearing Board Todd Wyatt, Secretary