HomeMy WebLinkAboutG92-06 Ordinance No. G92-06
AN ORDINANCE
GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT
TO PERMIT THE CONSTRUCTION OF AN OFFICE BUILDING IN THE
RB RESIDENTIAL BUSINESS DISTRICT AND THE ARC
ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT
(482 & 500 North McLean Boulevard)
WHEREAS, written application has been made for a conditional use for a planned
development which will allow for the construction of an office building within the RB Residential
Business District and the ARC Arterial Road Corridor Overlay District at 482 & 500 North
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 November 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 an office building within the RB Residential Business District and the ARC Arterial
Road Corridor Overlay District at 482 & 500 North McLean Boulevard and legally described as
follows:
Real Estate owned by Maring Trust:
That part of the South 496.5 feet of the East Half of the Southwest Quarter of
Section 10, Township 41 North, Range 8 East of the Third Principal Meridian,
described as follows: Beginning at a point in the West line of McLean Boulevard,
370 feet North of the South line of the Southwest Quarter of said Section 10;
thence West parallel with the South line of the Southwest Quarter of said Section
10, a distance of 262 feet; thence North to a point in the North line of the South
496.5 feet of the East Half of the Southwest Quarter of Said Section 10, which is
266.8 feet West of the West line of the McLean Boulevard; thence East along the
North line of the South 496.5 feet of the East Half of the Southwest Quarter of
said Section, 266.8 feet to the West line of McLean Boulevard; thence South
'• along the West line of McLean Boulevard, 126.5 feet to the Place of Beginning, in
the City of Elgin, Kane County, Illinois (Property Commonly Known as
500 North McLean Boulevard).
Real Estate owned by Winner Trust:
That part of the East Half of the Southwest Quarter of Section 10, Township 41
North, Range 8 East of the Third Principal Meridian, described as follows:
Beginning at a point in the West line of McLean Boulevard, 222.3 feet North of
the South line of said Southwest Quarter; thence West, parallel with the South line
of said Quarter Section, a distance of 262.0 feet; thence Northwesterly along a line
that forms a angle of 67 degrees 51 minutes 50 seconds to the right, with the
prolongation of the last described line, a distance of 146.53 feet; thence East,
parallel with the South line of said Quarter Section, a distance of 60.0 feet; thence
Northerly along a line that forms a angle of 90 degrees 24 minutes to the left, with
the prolongation of the last described line, a distance of 12.0 feet; thence East,
parallel with the South line of said Quarter Section, a distance of 262.0 feet to the
West line of McLean Boulevard; thence South along said West line of McLean
Boulevard, a distance of 147.7 feet to the Place of beginning (except the Southerly
24 feet of even width thereof measured along the Easterly border line), in the
Township of Elgin, Kane County, Illinois (Property Commonly Known as
482 North McLean Boulevard).
be and is hereby granted subject to the following conditions:
1. Substantial conformance to the Statement of Purpose and Conformance submitted
by Peter Bozos on October 24, 2006.
2. Substantial conformance to the development plan for 482 & 500 North McLean
Boulevard prepared by Monarch Design & Construction, LLC, consisting of a
Conceptual Site Plan dated revised November 10, 2006, an Architectural Design
Concept Building Elevation Sheet dated October 6, 2006, and a Floor Plans Sheet
dated October 6, 2006.
3. Substantial conformance to the Preliminary Landscape Plan prepared by Walsh
Landscape Construction dated revised October 4, 2006, with the following
requirement added: In the required transition landscape yards along the north and
west lot lines of the subject property, the compact continuous hedge must consist
of shrubs that, aside from being installed at three and one half foot centers, must
also be installed at a minimum four foot height and must be maintained at a
minimum eight foot height.
4. Substantial conformance to the proposed monument style graphic elevation
drawing prepared by Monarch Design & Construction, LLC, dated November 10,
2006. This graphic cannot exceed 40 square feet of surface area. Landscaping
around the monument graphic must meet the landscaping requirements of the
graphic ordinance; a proposed graphics landscape plan must be submitted to and
approved by the Community Development Group.
5. The refuse collection area must be enclosed with a fence or wall at a maximum
structural height of 6 feet.
6. 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.
d Schock, Mayor
Presented: November 29, 2006
Passed: November 29, 2006
Vote: Yeas: 7 Nays: 0
Recorded: November 30, 2006
Published:
Attest:
Dolonna Mecum, City Clerk
•
November 1, 2006
FINDINGS OF FACT
Zoning and Subdivision Hearing Board City of Elgin, Illinois
SUBJECT
Consideration of Petition 104-06 Requesting a Conditional Use for a Planned Development in the
RB Residence Business District and the ARC Arterial Road Corridor Overlay District,to Permit the
Construction of an Office Building; Property located at 482 and 500 North McLean Boulevard by
Esther Zamudio, as Applicant, and by Laurine C. Winner, Trustee of the Laurine C. Winner
Declaration of Trust Dated June 11, 1991, and Paul A. Maring, Trustee of the Paul A. Maring
Declaration of Trust dated July 1, 1994, as Owners.
GENERAL INFORMATION
Requested Action: Conditional Use Approval
Current Zoning: RB Residence Business District
ARC Arterial Road Corridor Overlay District
Existing Use: A Commercial Building, a Vacant Building, and a Residence
Proposed Use: New Office Building
Property Location: 482 and 500 North McLean Boulevard
Applicant: Esther Zamudio
Laurine C. Winner, Trustee of the Laurine C. Winner Declaration of
Trust Dated June 11, 1991,and Paul A.Maring,Trustee of the Paul A.
Owners: Maring Declaration of Trust dated July 1, 1994
Staff Coordinator: Lydia Treganza, Associate Planner
LIST OF EXHIBITS
A. Location Map (see attached)
B. Zoning Map (see attached)
C. Parcel Map (see attached)
MOW
Findings of Fact Zoning and Subdivision Hearing Board
E Petition 104-06 November 1, 2006
D. Aerial Photo (see attached)
E. Environmental Map (see attached)
F. Site Photos (see attached)
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 Esther Zamudio, requesting a conditional use for a planned
development in the RB Residence Business District and the ARC Arterial Road Corridor Overlay
District,to permit the construction of a new building. The subject property is located at 482 and 500
rik North McLean Boulevard (reference Exhibits A, B, C, D, E and F).
The applicant proposes to redevelop the 1.6 acre site located at the northwest corner of McLean
Boulevard and Plymouth Lane. The existing structures on site will be demolished and replaced with
an approximately 21,000 square foot masonry commercial building. Off-street parking and
landscaping are also proposed for the site. The building 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 104-06 on November 1, 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 October
20, 2006.
The Zoning and Subdivision Hearing Board has made the following general findings.
elk 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
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 104-06 November 1, 2006
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 approximately 1.6 acres of
lot area. The lot on the northerly portion of the property is improved with a two story
commercial building and parking lot. The lot on the southerly portion of the property is
improved with a two story vacant building, a single story residence, and a garage. These
existing structures will be demolished and the existing parking lot will be removed as part of
the redevelopment of the 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 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
rik 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 conditional use for a planned
development with respect to the traffic and parking standard.
The subject property is located along McLean Boulevard and Plymouth Lane. McLean
Boulevard is an arterial street serving the west side of Elgin. Plymouth Lane is a private road
that leads to the Tyler Towers Condominiums.
Off-street parking is to be provided in conformance with the Off-Street Parking 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 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.
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 104-06 November 1, 2006
The subject property was zoned as follows for the years listed:
1927: Out
1950: Out
1960: Out
1961: Out
1962: Out
1992: B3 Service Business District
Present: RB Residence Business District
ARC Arterial Road Corridor Overlay District
A 1,854 square foot two story building and a 582 square foot single story building were built
at 482 North McLean in 1903. A 3,139 square foot building was built on the property at 500
North McLean in 1946. The property at 482 North McLean Boulevard was annexed into the
city on April 14, 1966 and the property at 500 North McLean Boulevard was annexed into
the city on March 8, 1972.
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. To the south of the subject property are office buildings that include similar floor
area ratios to the floor area ratio proposed for this site.
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 McLean Boulevard corridor located within the vicinity of the subject property is
developed with a mix of commercial and residential land uses. The proposed use is
compatible with this trend.
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
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 104-06 November 1, 2006
location and size of a zoning district.
The purpose of the RB Residence Business District is to conserve the residential character of
certain properties located within transportation corridors as designated by the Official
Comprehensive Plan by providing various use alternatives,but with site design regulations in
keeping with a residential environment.
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.
The building is proposed to be 21,000 square feet in floor area,exceeding the 8,208.5 square
foot maximum floor area allowed for a nonresidential land use on this zoning lot in the RB
Residence Conservation District. While this property exceeds the floor area that is allowed
by the zoning ordinance, existing development south of this lot include similar floor area
ratios to the floor area ratio proposed for this site.
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.
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.
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 104-06 November 1, 2006
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 new office building will be an approximately 21,000 square foot commercial building.
The applicant is proposing to use quality masonry building materials on the exterior
elevations of the building and is proposing additional landscaping for the site.
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 "Low Density Residential (2.1 —4 dwelling units/net
acres) by the Comprehensive Plan and Design Guidelines (2005). The Low Density
Residential designation provides for the development of conventional single family detached
houses. This category may include neighborhood commercial centers,churches and schools
in locations deemed appropriate by the City. The proposed office building is in keeping with
the commercial land use that is allowed and that already exists south of the site.
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.
The subject property contains several mature trees. One of these trees will be preserved when
the site is redeveloped.
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 ordinance controlling the use and development of this site. The planned
development ordinance is intended to prevent undue detrimental influence on the proposed
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 104-06 November 1, 2006
internal land uses and on the surrounding properties.
PLANNED DEVELOPMENT DEPARTURES AND EXCEPTIONS
A planned development may be granted certain departures from the normal standards,regulations,
requirements,and procedures of the zoning ordinance. This planned development is proposed to be
zoned as a conditional use in the RB Residence Business District and the ARC Arterial Road
Corridor Overlay District. The applicant is requesting certain departures from the normal standards,
regulations, and requirements of the zoning ordinance. The applicant is requesting the following
proposed departures:
1. Section 19.12.400 (E) (1) Vehicle Use Area Street Setback Exceptions: Extended
Setbacks. For a zoning lot within a business district which adjoins a residence district along
the same street frontage, the minimum required vehicle use area setback for the business
should be equal to the minimum required building setback of the adjoining residence. A 35
foot vehicle use area street setback is required along the entire length of the subject property
adjacent to McLean Boulevard. The applicant is proposing to maintain a 25 foot vehicle use
area setback along this lot line. The setback difference is 10 linear feet(a 40% departure).
2. Section 19.35.235(B)(C)Lot Width. In the RB Residence Business zoning district,the lot
width for a zoning lot shall not exceed 145 linear feet. The subject property has a lot width
of 250 feet. This difference in the property lot width is 105 feet (a 73% departure).
3. Section 19.35.235 (I) (4) Floor Area: Nonresidential Zoning Lot. In the RB Residence
Business zoning district,the maximum floor area allowed for a 39,102 square foot residential
business zoning lot (269.67 foot depth of lot x 145 width of lot) is 8,208.5 square feet; the
proposed floor area for the building structure is 21,000 square feet. The floor area difference
is 12,791.5 square feet. The applicant is requesting that a departure be granted for this
difference in floor area(a 156%departure). [For purposes of this calculation,the lot area has
been reduced so as to recognize maximum lot width of 145 feet.]
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 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 property located
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 104-06 November 1, 2006
along an arterial corridor. The existing structures will be demolished and the site will
be redeveloped with a 21,000 square foot office building. The applicant is proposing
to use quality masonry building materials on the exterior elevations of the building
and is proposing additional landscaping for the site.
2. Internal Land Use. The proposed development will be regulated by the terms and
conditions of the planned development ordinance controlling the use and
development of this site. The planned development ordinance is intended to prevent
undue detrimental influence on the proposed internal land uses and on the
surrounding properties.
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 four(4)yes,
zero (0) no:
1. Substantial conformance to the Statement of Purpose and Conformance submitted by
Peter Bazos on October 24, 2006.
2. Substantial conformance to the development plan for 482 & 500 North McLean
Boulevard prepared by Monarch Design & Construction, LLC, consisting of a
Conceptual Site Plan dated revised November 10, 2006, an Architectural Design
Concept Building Elevation Sheet dated October 6, 2006, and a Floor Plans Sheet
dated October 6, 2006.
3. Substantial conformance to the Preliminary Landscape Plan prepared by Walsh
Landscape Construction dated revised October 4, 2006, with the following
requirement added: In the required transition landscape yards along the north and
west lot lines of the subject property, the compact continuous hedge must consist of
shrubs that, aside from being installed at three and one half foot centers,must also be
installed at a minimum four foot height and must be maintained at a minimum eight
foot height.
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 104-06 November 1, 2006
4. Substantial conformance to the proposed monument style graphic elevation drawing
prepared by Monarch Design&Construction,LLC,dated November 10,2006. This
graphic cannot exceed 40 square feet of surface area. Landscaping around the
monument graphic must meet the landscaping requirements of the graphic ordinance;
a proposed graphics landscape plan must be submitted to and approved by the
Community Development Group.
5. The refuse collection area must be enclosed with a fence or wall at a maximum
structural height of 6 feet.
6. Compliance with all other applicable codes and ordinances.
Therefore, the motion to recommend approval was adopted.
Respectfully Submitted,
r
Robert Langlois, Chairman
Zoning and Subdivision Hearing Board
Denise Momodu, Secretary
Zoning and Subdivision Hearing Board
r
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