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HomeMy WebLinkAboutG15-06 Ordinance No. G15-06 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT TO PERMIT THE CONSTRUCTION OF A PARKING LOT IN THE RC3 RESIDENCE CONSERVATION DISTRICT (441 Fremont Street) WHEREAS, written application has been made for a conditional use for a planned development which will allow for the construction of a parking lot within the RC3 Residence Conservation District at 441 Fremont 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 February 1, 2006, 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 parking lot within the RC3 Residence Conservation District at 441 Fremont Street and legally described as follows: The North %2 of the East %2 of the West 3/4 of Lot 2 T. Schoonhoven's Addition to Elgin, in the City of Elgin, Kane County, Illinois (Property Commonly Known as 441 Fremont Street). be and is hereby granted subject to the following conditions: 1. Substantial conformance to the Statement of Purpose and Conformance submitted by James Marks, undated. 2. Substantial conformance to the Site Plan/Landscape Plan for Bethesda Church of God in Christ Site Plan Parking Lot at 441 Fremont Street, to include parallel parking with a total number of parking stalls not to exceed 14, prepared by Mary C. Mane dated November 22, 2005 and last dated revised January 10, 2006 by James Marks. 3. 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: March 22, 2006 Passed: March 22, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: March 23, 2006 Published: Attest: y, i 'l ctch Dolonna Mecum, City Clerk eglik February 1, 2006 FINDINGS OF FACT Zoning and Subdivision Hearing Board City of Elgin,Illinois SUBJECT Consideration of Petition 06-06 Requesting a Conditional Use for a Planned Development in the RC3 Residence Conservation District,to Permit the Construction of a Parking Lot;Property Located at 441 Fremont Street. GENERAL INFORMATION Requested Action: Conditional Use Approval Current Zoning: RC3 Residence Conservation District Existing Use: Vacant Lot Proposed Use: Parking Lot owilik Property Location: 441 Fremont Street Applicant: James Marks Owner: Bethesda Church of God in Christ Staff Coordinator: Lydia Treganza, Associate 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. Environmental Map (see attached) F. Site Photos (see attached) I'411.1" G. Statement of Purpose and Conformance (see enclosed) EXHIBIT it Findings of Fact Zoning and Subdivision Hearing Board Petition 06-06 February 1,2006 H. Draft Conditional Use Ordinance (see enclosed) I. Standards for Conditional Use (see enclosed) BACKGROUND An application has been filed by James Marks, requesting a conditional use for a planned development to permit a parking lot.The subject property is located at 441 Fremont Street(reference Exhibits A, B, C,D,E, and F). The applicant is proposing to construct a parking lot on a vacant parcel of land. The parking lot does not meet zoning ordinance requirements since parking lots are not allowed in the RC3 Residence Conservation District. A conditional use for a planned development must be granted if the parking lot is to be constructed as proposed (reference Exhibits G,H, and I). The construction of the parking lot at 441 Fremont Street represents an expansion of the church . complex belonging to Bethesda Church of God in Christ. The intent of the proposed parking lot is to supplement the already existing parking lot belonging to the church. However,the subject property does not adjoin the church property. There is an intervening property with a single family residence. 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. The applicant is requesting a conditional use for a planned development because the subject property is less than two acres and is not adjacent to the church property. GENERAL FINDINGS After due notice,as required by law,the Zoning and Subdivision Hearing Board conducted a public hearing in consideration of Petition 06-06 on February 1,2006.The applicant testified at the public hearing and presented documentary evidence in support of the applicant.No objectors spoke at the public hearing. The Community Development Group submitted a Conditional Use Review dated January 23, 2006. The Zoning and Subdivision Hearing Board has made the following general findings. -2 - • Findings of Fact Zoning and Subdivision Hearing Board ____ Petition 06-06 February 1, 2006 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 8,175 square feet of land. The property is a vacant lot containing several trees. The elevation rises from 872 feet at the north edge of the parcel on Fremont Street to 892 on the south edge of the parcel. 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 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 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 is suitable for the intended zoning district with respect to the traffic and parking standard. The subject property has frontage on Fremont Street. Fremont Street is a local street serving the surrounding residential neighborhood. An off street parking lot is being proposed on site that is in conformance with the City's Off Street Parking Ordinance design regulations for on-site circulation,parking aisles and stalls. 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. 0 - 3 - • Findings of Fact Zoning and Subdivision Hearing Board r Petition 06-06 February 1, 2006 The subject property was zoned as follows for the years listed: 1927: B Residential 1950: B Residential 1960: C Residential 1962: R3 Two Family Residence 1992: RC3 Residence Conservation District Present: RC3 Residence Conservation 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 surrounding the subject property are zoned RC3 and are developed with residential uses. A public park is located to the north of the subject property. Further east from the subject property is the existing church campus zoned PCF. An intervening property with a single family residence is located between the church property and the subject property. _. F. Trend of Development. The suitability of the subject property for the proposed planned development with respect to its consistency with an existing pattern of development or an identifiable trend of development in the area. Findings: The subject property is suitable for the proposed planned development with respect to the trend of development standard. The subject property is located within an existing mature residential neighborhood developed with a combination of single family residences and multi-family conversions. Ideally, nonresidential land uses should be located at the edge of a neighborhood. However, Bethesda Church of God in Christ is an existing facility and continues to grow within this residential neighborhood. 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. Findings. The subject property is suitable for the intended zoning district with respect to conformance to the provision for the purpose and intent,and the location and size of a zoning district. 4 Findings of Fact Zoning and Subdivision Hearing Board pork Petition 06-06 February 1, 2006 The subject property is located within a residential neighborhood and is located one lot west of the existing Bethesda church campus. Ideally,the construction of the proposed parking lot would be delayed until the church could acquire the intervening lot and rezone the two properties as part of an overall campus plan. It should be further noted that if the property were to be rezoned to PCF, a twenty-five foot setback from the west property line would be required for the parking lot. The applicant proposes a ten foot setback. The proposed planned development will be subject to the specific site plan and landscape plan. H. Conditional Use for a Planned Development.The suitability of the subject property for the intended conditional use for a planned development with respect to conformance for the purpose and intent of the planned development. 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 standard. The proposed parking lot has been designed to be expanded to the east and to be incorporated into the existing church campus parking lot in its final stage of development. In addition, landscaping will be provided around all sides of the parking lot to screen the parking lot from adjacent lots. The parking lot will be screened with a compact continuous hedge of shrubs that will be installed on three and one half foot centers and at a minimum height of four feet. The shrubs will be maintained at an eight foot height. 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. - 5 - Findings of Fact Zoning and Subdivision Hearing.Board Petition 06-06 February 1, 2006 • Findings. The subject property is suitable for the intended zoning district with.respect to the •Comprehensive Plan Standard. The subject property is designated as Residential; Urban/Traditional by the City's Comprehensive Plan and Design Guidelines dated 2005. The proposed planned development is not in conformance with this designation. .1. Natural Preservation. The suitability of the subject property for the 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. There are no watercourses or wetlands present on the subject property. The steep slope on site will be separated from the parking lot by a ten foot retaining wall. Existing trees will be preserved. K. Internal,Land Use. 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 proposed planned development with regard to the internal land use standard. The proposed planned development would allow the construction of a parking lot intended to supplement the already existing parking lot belonging to Bethesda church. 'A residential property intervenes between the existing church property and the subject property. PLANNED DEVELOPMENT DEPARTURES AND EXCEPTIONS A planned development maybe granted certain departures from the normal standards,regulations, requirements, and procedures of the zoning ordinance. For the purposes of this section, the most similar zoning district is the RC3 Residence Conservation District. The applicant is requesting the following departure from the standard requirements of the RC3 District: Section 19.20.630(A)Land Use. In the RC3 Residence Conservation District parking lots are not allowed as a permitted use or as a conditional use. The applicant is requesting that a parking lot be allowed to be constructed on site. _ 6 - • • Findings of Fact Zoning and Subdivision Hearing Board Petition 06-06 February 1, 2006 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. Findings. The proposed parking lot has been designed to be incorporated into the existing church campus parking lot in its final stage of development. In addition, landscaping will be provided around all sides of the parking lot to screen the parking lot from adjacent lots. The parking lot will be screened with a compact continuous hedge of shrubs that will be installed on three and one half foot centers and at a minimum height of four feet. The shrubs will be maintained at an eight foot height. 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. DECISION On a motion to recommend approval,subject to the following conditions,the vote was seven(7)yes and zero (0)no: 1. Substantial conformance with the Statement of Purpose and Conformance submitted by James Marks, undated. 2. Substantial conformance to the Site Plan/Landscape Plan submitted by James Marks, last dated revised January 10, 2006. 3. Compliance with all applicable codes and ordinances. Therefore, the motion to recommend approval was adopted. dpriik - 7 - • Findings of Fact Zoning and Subdivision Hearing Board Petition 06-06 February 1,2006 Respectfully Submitted, • • Robe Langl hai an L/ Zoning and Subdivision Hearing Board en Pruss, Secretary Zoning and Subdivision Hearing Board r r - 8 -