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HomeMy WebLinkAboutG83-06 Ordinance No. G83-06 AN ORDINANCE GRANTING A CONDITIONAL USE TO PERMIT THE CONSTRUCTION OF A BUILDING ADDITION IN THE CI COMMERICAL INDUSTRIAL DISTRICT AND THE ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT (945 East Chicago Street) WHEREAS, written application has been made requesting conditional use approval to permit the construction of a building addition in the CI Commercial Industrial District and the ARC Arterial Road Corridor Overlay District at 945 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 October 18, 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 to permit the construction of a building addition in the CI Commercial Industrial District and the ARC Arterial Road Corridor Overlay District at 945 East Chicago Street and legally described as follows: That part of Lot 9 of the Plat of the County Clerk's Subdivision of unsubdivided Lots in Section 18, Township 41 North, Range 9 East of the Third Principal Meridian, described as follows: Beginning at the intersection of the East line of said Lot 9 with the center line of State Route 19; thence South 07 degrees 55 minutes 00 seconds West along said East line 51.76 feet to the Southerly right of way line of said highway (being 50.0 feet Southwesterly, as measured perpendicularly to the center line of said highway); thence North 67 degrees 05 minutes 12 seconds West along said right of way line 153.53 feet; thence South 07 degrees 55 minutes 00 seconds West and parallel to the East line of said Lot 9, a distance of 326.77 feet to the North line of a tract of land dedicated to the City of Elgin by Document No. 26348841 recorded September 13, 1982; thence South 89 degrees 17 minutes 00 seconds West along said North line 376.67 feet to the Northwest corner thereof; thence North 07 degrees 55 minutes 00 seconds East and parallel with the East line of said Lot 9, a distance of 534.84 feet to the center line of State Route 19; thence South 67 degrees 05 minutes 12 seconds East along said center line, 539.06 feet to the point of beginning, in the City of eink Elgin, Cook County, Illinois (Property commonly known as 945 East Chicago Street). be and is hereby granted subject to the following conditions: 1. Substantial conformance to the Statement of Purposes and Conformance submitted with cover letter prepared by Scott McGrath, McGrath Nissan Inc., dated October 2, 2006. 2. Substantial conformance to the proposed Building Elevations and Floor Plan (Sheet No. Al. 1-2 and Sheet No 2.1) for McGrath Nissan, prepared by Frederick Gilmore, Architect, dated May 26, 2006. 3. Compliance with all other applicable codes and ordinances. Section 3. That the conditional use granted herein shall expire if not established within one year 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. 4 =csee.d!friC=--- d Schock, Mayor Presented: November 29, 2006 Passed: November 29, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: November 30, 2006 Published: Attest: Dolonna Mecum, City Cler r :)ctcber 18,2006 FINDINGS OF FACT Zoning and Subdivision Hearing Board City cif Elgin,Illinois SUBJECT Consideration of Petition 100-06 Requesting Conditional Use Approval for a Planned')evelopment in the CI Commercial Industrial District and the ARC Arterial Road Corridor OverlEy District, to Permit the Construction of a Building Addition; Property Located at 945 East Chicago Street by Scott McGrath, DBA McGrath Nissan, as Applicant and Owner. BACKGROUND Requested Action: Conditional Use Approval Current Zoning: CI Commercial Industrial District ARC Arterial Road Corridor Overlay District Existing Use: Automobile Dealership Proposed Use: Automobile Dealership Property Location: 945 East Chicago Street Applicant/Owner: Scott McGrath DBA McGrath Nissan Staff Co 3rdinator: Denise Momodu,Associate Planner LIST 0 EXHIBITS A. Location Map (see attached) B. Zoning Map (see attached) C. F'arcel Map (see attached) D. Aerial Map (see attached) E. Environmental Map (see attached) s" F. Site Photos (see attached) G. Statement of Purpose and Conformance EXHIBIT (see attached) 1 Findings of Fact Zoning and Subdivision Board Petition 100-06 October 18, 2006 'a)H. Draft Conditional Use Ordinance (see attached) I. Standards for Conditional Use (see attached) BACKGROUND An application has been filed by Scott McGrath, 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 remodel the exterior building materials. The subject property is located at 945 East Chicago Street(reference Exhibits A,B,C,D,E,and F). The applicant is proposing to refit and remodel the exterior and interior of the existing building to conform to Nissan of America's national franchise building design.The proposed changes are on the north,west and east elevations of the existing building. The proposed addition is located along the north side of the building and contain approximately 150 square feet in floor area. The primary building materials of the proposed addition and exterior building remodeling are brick and glass with architectural metal accent. The south building elevation will remain brick. The proposed building addition and exterior remodel requires a public hearing and City Council approval eft 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 and I). GENERAL FINDINGS After due notice, as required by law, the Zoning and Subdivision Hearing Board held a public hearing in consideration of Petition 100-06 on October 18,2006. The applicant testified at the public hearing.No objectors spoke at the public hearing. No written correspondence has been submitted. The Community Development Group submitted a Conditional Use Review,dated October 13,2006. 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 zoning district with respect to the site characteristics standard. The subject property is a regularly shaped parcel consisting of approximately four acres of lot area.The property is improved with a 27,000 square foot masonry commercial building and [ paved parking. 2 October 18, 2006 FINDINGS OF FACT Zoning and Subdivision Hearing Board City of Elgin, Illinois SUBJECT Consideration of Petition 100-06 Requesting Conditional Use Approval 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 945 East Chicago Street by Scott McGrath, DBA McGrath Nissan, as Applicant and Owner. BACKGROUND Requested Action: Conditional Use Approval Current Zoning: CI Commercial Industrial District ARC Arterial Road Corridor Overlay District Existing Use: Automobile Dealership Proposed Use: Automobile Dealership Property Location: 945 East Chicago Street Applicant/ Owner: Scott McGrath DBA McGrath Nissan Staff Coordinator: Denise Momodu, 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. Environmental Map (see attached) F. Site Photos (see attached) G. Statement of Purpose and Conformance (see attached) Findings of Fact Zoning and Subdivision Board Petition 100-06 C)cto)er 18, 2006 B. Sewer and Water Standard. The suitability of the subject property for :he intended conditional use for a planned development 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 conditional use for a planned development 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 subject property is located on the south side of East Chicago Street. East Chicago Street i:;an arterial road serving the areas east of the Fox River. The site currentl%has two points of rob. access from on East Chicago Street that shall remain. Off street parking is being provided in conformance with the zoning ordinance. D. Zoning History Standard. The suitability of the subject property for the intended conditional use for a planned development with respect to the length of time th 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 ur developed or unused in its current zoning district. The subject property was zoned as follows for the years listed: 1927: B Residential District 1950: D Commercial District 1960: D Commercial District 1961: D Commercial District 1962: B3 Service Business District 1992: B4 General Service District Present: CI Commercial Industrial District ARC Arterial Road Corridor Overlay District `" The subject property is currently in use as an automobile dealership. This is a permitted use in the CI Commercial Industrial District. 3 Findings of Fact Zoning and Subdivision Board Petition 100-06 October 18, 2006 ••� E. Surrounding Land Use and Zoning Standard. The suitability of the subject property for the intended conditional use for a planned development 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 properties located north, south, east and west of the subject property are zoned CI Commercial Industrial District, and are developed with a mix of automobile related businesses, retail and service businesses. The property located to the southwest of the subject property is zoned CF Community Facility District. 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 area located along East Chicago Street east of Willard Avenue has developed with automobile related businesses, including new and used auto sales, auto rental businesses, auto repair businesses. Other retail and service businesses generally found along a major arterial are also located along this stretch of East Chicago Street. 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 districts, 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. 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. 4 Findings of Fact Zoning and Subdivision Board • Petition 100-06 October 18, 2006 r14' B. Sewer and Water Standard. The suitability of the subject property for the intended conditional use for a planned development 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 conditional use for a planned development 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 subject property is located on the south side of East Chicago Street. East Chicago Street is an arterial road serving the areas east of the Fox River. The site currently has two points of access from on East Chicago Street that shall remain. Off street parking is being provided in conformance with the zoning ordinance. D. Zoning History Standard. The suitability of the subject property 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. 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: D Commercial District 1960: D Commercial District 1961: D Commercial District 1962: B3 Service Business District 1992: B4 General Service District Present: CI Commercial Industrial District ARC Arterial Road Corridor Overlay District The subject property is currently in use as an automobile dealership. This is a permitted use in the CI Commercial Industrial District. 3 Findings of Fact Zoning and Subdivision Board Petition ".00-06 October 18, 2006 -r ,o 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,ievelopment Sr tuations. 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 w ith 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, furtcticn, 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, anc accordingly, property located within the district shall also be subject to the regulations oft ie underlying 2 oning district in which it is located. Findings: The subject property is suitable for the intended conditional-ase for a planned development with respect to conformance to the purpose and intent of a cc nditonal use for a planned development. The purpose and intent of the ARC overlay district is to ensure quality development along the city's entryway corridors. The applicant proposes brick and glass as the pri nary building materials with aluminum composite accent panels. The proposed building addition and other site improvements will enhance the image of a highly traveled gateway into the city. The building addition will be constructed of quality building materials.These i mpr)vements will ncrease the aesthetic appeal of the property, and will meet the intent of he ARC District. Comprehensive Plan Standard. The suitability of the subject property for the intended Coning district with respect to conformance to the goals, objectives, avid policies of the ifficial comprehensive plan. Findings. The subject property is suitable for the intended zoning district with i respect to the Comprehensive Plan Standard. The subject property is designated as"Highway Commercial"by the Cornprthensive Plan and Design Guidelines (2005). Areas designated Highway Commercial typically serves surrounding neighborhood areas,but also larger trade areas connected by the arterial street system. They may include all of the commercial uses found in the mixed-use centers. In addition, they typically include highway-serving uses such as fast food restaurants, auto- oriented uses such as tire stores, service stations, auto parts stores, and other stand alone 5 Findings of Fact Zoning and Subdivision Board Petition 100-06 October 18, 2006 elk retail uses. These commercial areas are generally auto dominated with few pedestrian amenities. The existing use is compatible 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 present at the subject property which are worthy of preservation. 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 not suitable for the intended planned development with /r. respect to the internal land use standard. The intent of the conditional use process is to ensure the protection of public health, safety "'"' and welfare. PLANNED DEVELOPMENT DEPARTURES AND EXCEPTIONS A planned development may be granted certain departures from the normal standard, regulation, requirements, and procedures of the Elgin Zoning Ordinance. The applicant is not requesting any departures from the standard requirement of the CI Commercial Industrial District. SUMMARY OF FINDINGS, UNRESOLVED ISSUES,AND ALTERNATIVES The Zoning and Subdivision Hearing Board has developed or identified the following unresolved issues and alternatives: A. Summary of Findings. General. The purpose and intent of the ARC overlay district is to ensure quality development along the city's entryway corridors. The proposed building addition and other site improvements will enhance the image of a highly traveled gateway into the city.The building elk addition will be constructed of quality building materials.These improvements will increase the aesthetic appeal of the property, and will meet the intent of the ARC District. 6 Findings of Fact Zoning and Subdivision Board Petition 100-06 October 18, 2006 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 purpose and intent of the ARC overlay district is to ensure quality development along the city's entryway corridors. The applicant proposes brick and glass as the primary building materials with aluminum composite accent panels. The proposed building addition and other site improvements will enhance the image of a highly traveled gateway into the city. The building addition will be constructed of quality building materials.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. The subject property is designated as "Highway Commercial"by the Comprehensive Plan and Design Guidelines (2005). Areas designated Highway Commercial typically serves surrounding neighborhood areas, but also larger trade areas connected by the arterial street system. They may include all of the commercial uses found in the mixed-use centers. In addition, they typically include highway-serving uses such as fast food restaurants, auto- oriented uses such as tire stores, service stations, auto parts stores, and other stand alone 5 • Findings of Fact Zoning and Subdivision Board Petition 100-06 October 18, 2006 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 six (6) yes and zero (0)no: 1. Substantial conformance to the Statement of Purposes and Conformance submitted with cover letter prepared by Scott McGrath, McGrath Nissan Inc., dated October 2, 2006. 2. Substantial conformance to the proposed Building Elevations and Floor Plan(Sheet No.Al. 1-2 and Sheet No 2.1)for McGrath Nissan,prepared by Frederick Gilmore,Architect,dated May 26, 2006. 3. Compliance with all other applicable codes and ordinances. Therefore, the motion to approve Petition 62-06 was passed. Respectfully submitted, Robert Langlois, ai an Zoning and Subdivision Hearing Thomas Armstrong, Secretary ef Zoning and Subdivision Hearing ard 7