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HomeMy WebLinkAboutG68-06 Ordinance No. G68-06 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 (920 Villa 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 within the CI Commercial Industrial District and the ARC Arterial Road Corridor Overlay District at 920 Villa 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 ek CITY OF ELGIN, ILLINOIS: Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated August 16, 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 building addition within the CI Commercial Industrial District and the ARC Arterial Road Corridor Overlay District at 920 Villa Street and legally described as follows: That Part of Lot 9 of the County Clerk's Division of Unsubdivided Lands in Section 19, Township 41 North, Range 9, East of the Third Principal Meridian, Described as Follows: Commencing at the Northeast Corner of the Northwest Quarter of Said Section 19, (Being also the Northeast Corner of Said Lot 9): Thence South 15 Minutes East 1345 Feet; Thence South 36 Degrees, 5 Minutes West, 732 Feet to the North Line of Villa Street; Thence North 53 Degrees, 55 minutes West Along the Northerly Line of Villa Street, 133.4 Feet to the Point of Beginning; Thence Continuing Along Said Last Described Line 423.6 Feet to Center of Creek; Thence Following the Center Line of Said Creek North 44 Degrees, 5 Minutes East 143 Feet; Thence Continuing Along the Center Line of Said Creek North 67 Degrees, 35 Minutes East 85 Feet; Thence South 70 Degrees, 55 Minutes East Along Center of Said Creek 419.7 Feet More or Less to a Point of Intersection With a Line Extending North 36 Degrees, 5 Minutes West to a Point of Beginning, in Cook County, Illinois, Except the East 210 Feet Thereof Measured Along Villa Street (the Westerly Line of Premises to be Parallel to Easterly Line of Original Description), in Cook County, Illinois (Property Commonly Known as 920 Villa Street). be and is hereby granted subject to the following conditions: 1. Substantial conformance to the Statement of Purpose and Conformance prepared by Dahlquist and Lutzow Architects, Ltd., dated June 12, 2006. 2. Substantial conformance to the proposed Site/Landscape Plan prepared by Dahlquist and Lutzow Architects, Ltd., dated June 12, 2006. 3. Substantial conformance to the proposed monument style graphic elevation drawing prepared by Dahlquist and Lutzow Architects, Ltd., dated June 12, 2006. The base of the graphic must include brick that matches brick used on the building facade. Landscaping around the monument graphic must meet the landscaping requirements of the graphic ordinance and shall be as approved by the Community Development Group. 4. Monument style directional graphics must be posted to indicate "One- Way" access to and from the development site and posted where otherwise necessary to insure proper on-site vehicular circulation. The directional graphics must meet the requirements of the graphic ordinance and shall be as approved by the Community Development Group. 5. The refuse collection area must be enclosed with a 6 foot solid wall constructed of the same building materials as the principal building. 6. Any fence on the subject property that is in disrepair shall be repaired, replaced, or removed. 7. 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: September 27, 2006 Passed: September 27, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: September 28, 2006 Published: Attest: Dolonna Mecum, City Clerk tek e.►, August 16, 2006 FINDINGS OF FACT Zoning and Subd ivisiion Hearing Board City of Elgin,Illinois SUBJECT Consideration of Petition 70-06 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 Buil.ding Addition;Property Located at 920 Villa Street,by Pedro Leguizamo,as Applicant and Owner. GENERAL INFORMATION Requested Action: Conditional Use Approval Current Zoning: CI Commercial Industrial District ARC Arterial Road Corridor Overlay District "a* Existing Use: Retail Building Containing a Grocery Store and a Restaurant Proposed Use: Multiple Tenant Retail Building Property Location: 920 Villa Street Applicant/Owner: Pedro Leguizamo Staff Coordinator: Lydia Treganza,Associate Planner LIST OF EXHI BITS A. Location Map (see attached) B. Zoning Map (see attached) C. Parcel Mip (see attached) D. Aerial Photo (see attached) E. Environnientrl Map (see attached) F. Site Photos (see attached) EXHIBIT IA Findings of Fact Zoning and Subdivision Hearing Board el" Petition 70-06 August 16, 2006 G. Statement of Purpose and Conformance (see attached) H. Development Plan (see attached) I. Draft Conditional Use Ordinance (see attached) J. Standards for Conditional Use (see attached) BACKGROUND An application has been filed by Pedro Leguizamo, 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 and a new façade for the building. The property is located at 920 Villa Street(reference Exhibits A,B, C,D,E and F). The applicant is proposing to construct a 2,000 square foot building addition to a 3,285 square foot commercial building. The building currently contains a grocery store and a restaurant. The applicant is also proposing to construct a new façade on the building, consisting of masonry materials. Additional landscaping 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 (reference Exhibits G,H, I, and J). GENERAL FINDINGS After due notice,as required by law,the Zoning and Subdivision Hearing Board conducted a public hearing in consideration of Petition 70-06 on August 16,2006.The applicant testified at the public hearing and presented documentary evidence in support of the application. No objectors were present. The Community Development Group submitted a Conditional Use Review dated August 4, 2006. 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 conditional use for a planned development with respect to the site characteristics standard. The subject property is an irregularly shaped parcel consisting of 46,929 square feet of lot -2 - Ow* Findings of Fact Zoning and Subdivision Hearing Board Petition 70-06 August 16, 2006 area.The property is improved with a one story 3,285 square foot commercial building,a 360 square foo:accessory building,and a parking lot. Popular Creek forms the north and west boundaries of he site. Accordingly, portions of the site are located within the 100 year floodplain B. Sewer awl 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 conditional use for a 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 di,trict 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 for a planned development with respect to the traffic and parking standard. The subje;,t property is located along Villa Street.Villa Street is an arterial street serving the east side of Elgin. Off-street parking is provided in conformance with the Off-Street Parking Ordinance. The parking lot on the subject property will be expanded to create a total of 34 off-street parking spaces on site:. 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 conditional use for a planned development with respect to the length of time the property has remained undeveloped or unused in its current zoning district. The subject property was zoned as follows for the years listed: 1927: B Residential District 1950: E Commercial District 1960: A Residential District 1961: A Residential District -3 - • Findings of Fact Zoning and Subdivision Hearing Board e"• Petition 70-06 August 16, 2006 1962: B4 General Service Business District 1992: B4 General Service Business District Present: CI Commercial Industrial District ARC Arterial Road Corridor Overlay District A one story retail building was built on the subject property in 1957. 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 conditional use for a planned development with respect to consistency and compatibility with surrounding land use and zoning. The subject property is located north of Villa Street on the east side of the city and is zoned CI Commercial Industrial District. The areas located north, south and east of the subject property are also zoned CI Commercial Industrial District. The land to the north is undeveloped while the areas located to the south and east are developed with commercial uses,most of which are auto related businesses and services. The area immediately west of the subject property is zoned CI Commercial Industrial District. The area further west and adjacent to this is zoned MFR Multiple Family Residence and is developed with Villa Garden Estates Trailer Park. 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 intended conditional use for a proposed planned development with respect to the trend of development standard. The Villa Street corridor located within the vicinity of the subject property is developed with a mix of commercial and residential land 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. Findings. The subject property is suitable for the intended conditional use for a planned development 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 Petition 70-06 August 16, 2006 The purpo:;e of the CI Commercial Industrial District is to provide for an existing pattern of development in which certain commercial uses and industrial uses have located together. The land L ses provided for within the CI zoning district are also provided for within other zoning district a, which in general are more in keeping with the purpose and intent of the zoning ordinance and the goals,objectives and policies of the Official Comprehensive Plan. 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 Coripre:hensive Plan. The ARC zoning district is a zoning overlay district, and according y,a property located within the district shall also be subject to the regulations of the underlying zoning district in which it is located. The current use of the subject property is in substantial conformance with the purpose and intent of t ie CI District. The site substantially conforms to the site design requirements of the CI Di:trict:,. 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 aid intent of the planned development. No condiliona.l 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. Fo:r planned developments as a conditional use,the planned development should demonstrate the following characteristics: 1. A i 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 st ict:application of the other chapters of this title. 2. The public benefit realized by the establishment of the planned development is gt eater,than if the property were to remain subject to the standard requirements of the zoning district in which it is located. 3. E:ctraardinary conditions or limitations governing site design, function, operation, and traffic are imposed on the planned development. The purpose of the ARC district is to ensure quality development along the entryway corridors into the City of Elgin. The building design should demonstrate high quality architecture on all elevations,with the use of primarily masonry building materials on the exterior. elk Findings: The subject property is suitable for the intended conditional use for a planned developn tent with respect to conformance to the purpose and intent of a conditional use for a planned deve lopment standard. - 5 - Findings of Fact Zoning and Subdivision Hearing Board Petition 70-06 August 16, 2006 The proposed planned development is in conformance with the purpose and intent of the planned development and arterial road corridor provisions.The proposed building addition and new facade require planned development approval due to the site being located in an ARC Arterial Road Corridor Overlay District. The applicant is proposing to use quality masonry building materials on the new facade of the building and on the exterior elevations • of the addition. 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 conditional use for a planned development with respect to the Comprehensive Plan Standard. The subject property is designated as "Urban/Traditional" by the City of Elgin's Comprehensive Plan and Design Guidelines dated 2005. The proposed planned development is in conformance with this Comprehensive Plan designation. e". J. 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 significant natural features located on this property. 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 development will be regulated by the terms and conditions of the planned development ordinances controlling the use and development of a commercial area. The planned development ordinance is intended to prevent undue detrimental influence on the proposed internal land uses and on the surrounding properties. Note,also,that the site layout has been designed to provide efficient traffic movements internally on the site. - 6 - • 11` Findings of Fact Zoning and Subdivision Hearing Board Petition 70-06 August 16, 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. Summary of]E"Indings. 1. Positive Attributes. The proposed planned development is in substantial conformance with the standards for a conditional use for a planned development. The proposed conditional use will permit the redevelopment of a site along an arterial co;rider. The redevelopment of this site will provide a markedly visible aesthetic impro�ement of a retail building through the use of quality masonry building =.terials and landscaping. 2. Location,Design,and Operation. No evidence has been submitted or found that the proposed conditional use will be located,designed,or operated in a manner that will ex rrciti,e undue detrimental influence on itself or surrounding property. Additionally, tilt;sits::layout has been designed to provide efficient traffic movements internally on thi site. B. Summary of Unresolved Issues. There are no i:.nresolved issues. C. Summar/of Alternatives. Other than an approval,a denial,or an approval with some combination of conditions,there are no substar.tive alternatives. DECISION • On a motion to re cow mend approval,subject to the following conditions,the vote was five(5)yes, zero(0)no,and one 4(1)abstention: 1. Si ibstantial conformance to the Statement of Purpose and Conformance prepared by Dahlquist and Lutzow Architects, Ltd.,dated June 12, 2006. 2. Substantial conformance to the proposed Site/Landscape Plan prepared by Dahlquist and Lutzow Architects, Ltd., dated June 12, 2006. 3. Si ibstantial conformance to the proposed monument style graphic elevation drawing - 7 - Findings of Fact Zoning and Subdivision Hearing Board P' Petition 70-06 August 16, 2006 prepared by Dahlquist and Lutzow Architects,Ltd.,dated June 12,2006. The base of the graphic must include brick that matches brick used on the building facade. Landscaping around the monument graphic must meet the landscaping requirements of the graphic ordinance and shall be as approved by the Community Development Group. 4. Monument style directional graphics must be posted to indicate"One-Way"access to and from the development site and posted where otherwise necessary to insure proper on-site vehicular circulation. The directional graphics must meet the requirements of the graphic ordinance and shall be as approved by the Community Development Group. 5. The refuse collection area must be enclosed with a 6 foot solid wall constructed of the same building materials as the principal building. 6. Any fence on the subject property that is in disrepair shall be repaired,replaced, or removed. 7. Compliance with all other applicable codes and ordinances. Therefore, the motion to recommend approval was adopted. Respectfully Submitted, Robert Langlois, C airm * 'A 9 Zoning and Subdivision Hearing Boar. Tom Armstrong, Secretary (&) el. Zoning and Subdivision Hearing Bo. d - 8 -