Loading...
HomeMy WebLinkAboutG13-07 (2) teb' Ordinance No. G13-07 AN ORDINANCE GRANTING A CONDITIONAL USE TO PERMIT THE CONSTRUCTION OF A BUILDING ADDITION, A DRINKING PLACE AND A NIGHT CLUB, IN THE PORI PLANNED OFFICE, RESEARCH AND INDUSTRIAL DISTRICT AND THE ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT (1550 North Randall Road) WHEREAS, written application has been made requesting conditional use approval to permit the construction of a building addition in the PORI Planned Office, Research and Industrial District and the ARC Arterial Road Corridor Overlay District at 1550 North Randall Road; and WHEREAS, the Planning and Development Commission 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 Planning and Development Commission. 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 20, 2006, made by the Planning and Development Commission, 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, a drinking place and a night club in the PORI Planned Office, Research and Industrial District and the ARC Arterial Road Corridor Overlay District at 1550 Randall Road and legally described as follows: That part of the Southeast Quarter of Section 31, Township 42 North, Range 8 described as follows: Commencing at the Northeast corner of said Southeast Quarter; thence South 89 degrees 59 minutes 41 seconds West along the North line of said Southeast Quarter; 558.11; thence South 0 degrees 54 minutes 10 seconds West, 250.01 feet for the point of beginning; thence continuing South 0 degrees 54 minutes 10 seconds West, 685.32 feet; thence South 89 degrees 42 minutes 41 seconds East, 440.20 feet; thence North 0 degrees 30 minutes 56 seconds East, 28.40 feet; thence South 89 degrees 43 minutes 05 seconds East, 124.58 feet to the East line of said Southeast Quarter; thence North 0 degrees 28 minutes 53 seconds East along said East line, 659.69 feet; thence North 90 degrees 00 minutes 00 seconds telik West, 559.94 feet to the point of beginning (except the east 62.0 feet taken for Highway purposes), in Dundee Township, Kane County, Illinois (property commonly known as 1550 North Randall Road). be and is hereby granted subject to the following conditions: 1. Substantial conformance to the Statement of Purpose and Conformance dated August 4, 2006. 2. Substantial conformance to the proposed Site and Building Improvements for the Sports Barn and Grill, encompassing the Site Plan (Sheet Cl, revised November 30, 2006); Elevations (Sheets Al and A2, revised November 30, 2006); First, Second and Third Floor Plans (Sheets A3, A4 and A5, revised November, 2006); prepared by William M. Brown and Associates; and Photometric Plan (prepared by KSA, dated July 10, 2006). 3. Substantial conformance to the proposed monument style graphic elevation drawing prepared by (Sheet A6, revised November 30, 2006), William M. Brown and Associates. This graphic cannot exceed 80 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. 4. Substantial conformance to the proposed Landscape Plan, prepared by Trinity Landscape, dated June 14, 2006, with the latest revisions dated January 03, 3007. 5. Prior to the use or occupancy of the third floor of the principal building, the owner or tenant shall demonstrate compliance with the off street parking ordinance. 6. 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. Ed Schock, Mayor Presented: February 14, 2007 Passed: February 14, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: February 15, 2007 Published: Attest: cuttninut. Atesnit Dolonna Mecum, City Clerk Jenni -r QuintV, Deputy City Clerk r r November 20, 2006 FINDINGS OF FACT Planning and Development Commission City of Elgin, Illinois SUBJECT Consideration of Petition 92-06 Requesting an Amendment to PORI Planned Office Research Industrial Zoning District Ordinance Number G24-00, to Permit the Establishment of a Restaurant and a Building Addition in the ARC Arterial Road Corridor Overlay District; and Requesting Conditional Use Approval for a Drinking Place and a Night Club; Property Located at 1550 North Randall Road by Jim & Shannon Ellis, as Applicants, and John Paul, as Owner. BACKGROUND Requested Action: Map Amendment Approval Current Zoning: PORI Planned Office Research Industrial District ARC Arterial Road Corridor Overlay District F Existing Use: Vacant Commercial Structure Motor Vehicle Service Station and Convenience Food Store Proposed Use: Restaurant and Night Club Property Location: 1550 North Randall Road Applicants: Jim & Shannon Ellis Owners: John and Stella Paul 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) • Findings of Fact Planning and Development Commission Petition 92-06 November 20, 2006 E. Environmental Map (see attached) F. Site Photos (see attached) G. Development Plan (see attached) H. Draft Planned Development and Conditional Use Ordinances (see attached) I. Ordinance No G24-00 (see attached) BACKGROUND An application has been filed by Jim and Shannon Ellis, requesting an amendment to Ordinance Number G24-00 to permit the establishment of a restaurant and a night club in the PORI Planned Office Research and Industrial District and the ARC Arterial Road Corridor Overlay District. The subject property is located at 1550 North Randall Road (reference Exhibits A, B, C, D, E, and F). The applicant is proposing to establish a restaurant with live entertainment within the existing 13,740 square foot commercial structure located on the subject property. Also proposed is the construction of a 1,349 square foot addition to the rear of the building, an interior remodel, and a new off street parking lot. The proposed restaurant is a permitted use. However,the proposed live entertainment and the sale of alcohol are conditional uses. Additionally, the proposed building addition requires a public hearing and City Council 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 and I). GENERAL FINDINGS After due notice, as required by law, the Planning and Development Commission held a public hearing in consideration of Petition 92-06 on November 20, 2006. The applicant testified at the public hearing and presented documentary evidence in support of the application.Additional public testimony was presented at the public hearing. Objectors spoke at the public hearing and written correspondence has been submitted. The Community Development Group submitted a Map Amendment Review, dated November 13, 2006. The Planning and Development Commission has made the following findings concerning the standards for planned developments: 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. 2 Findings of Fact Planning and Development Commission Petition 92-06 November 20, 2006 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 7.8 acres of land. The property is improved with a 13,740 square foot barn, a motor vehicle service station and paved vehicle use areas. 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 is located along the west side of North Randall Road,at the southwest corner of Fox Lane and Randall Road. North Randall Road is a regional arterial street serving the greater Fox River Valley. The subject property also has frontage along Capital Street, a collector street service the adjoining industrial subdivisions. Fox Lane is a local street east of Randall Road, which is extended as a private drive into the site. The private drive will eventually be connected to Capital Drive in the future, as part of the overall build out of the property. Off street parking will be provided in conformance with the zoning ordinance. It is pertinent to note that the applicant proposes to phase the interior improvements to the building. The proposed site plan provides sufficient parking for the proposed addition, and the finish of levels one and two of the building. 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. 3 • Findings of Fact Planning and Development Commission Petition 92-06 November 20, 2006 The subject property was zoned as follows for the years listed: 1927: Out of City 1950: Out of City 1960: Out of City 1961: Out of City 1962: Out of City 1992: Out of City Present: PORI Planned Office Research Industrial District The subject property was annexed,zoned PORI Planned Office Research Industrial District, and granted preliminary plat approval in 1999. Final Plat approval was granted in 2000. Ordinance Number G24-00 includes many commercial uses as permitted uses in addition to the standard land uses allowed in the ORI Office Research Industrial 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 property to the immediate north of the subject property is located in unincorporated Kane County. Further north is phase II of the Slough Business Center, zoned ORI Office Research Industrial District. The Slough Business Center is located to the northwest of the subject property and is zoned PORI Planned Office Research Industrial District.These areas are developing with office, light industrial, warehouse and distribution facilities. The areas to the southwest and south of the subject property are currently undeveloped and are zoned ORI Commercial Industrial District. The property located to the east of the subject property is zoned PCF Planned Community Facility District,and is being developed with the approved Sherman Health Systems hospital campus. 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 subject property is located within the Randall Road corridor, the City's premier employment and commercial corridor,benefiting from the visibility and accessibility offered by the highly traveled Randall Road. 4 N . J Findings of Fact Planning and Development Commission Petition 92-06 November 20, 2006 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 PORI Office Research Industrial District is to provide a planned industrial environment that fosters a sense of place and destination within a coordinated campus or park setting, subject to the provisions of Chapter 19.60, Planned Developments. A PORI zoning district is most similar to, but departs from the standard requirements of the ORI zoning district. 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: 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. A creative approach to the use of land and related improvements resulting in better design and construction of aesthetic amenities. 3. The preservation of significant natural features including topography,watercourses, wetlands, and vegetation. 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 PAB Planned Area Business District. 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 site is currently developed with a wood clad structure three stories in height. The proposed building materials are in compliance with the ARC Arterial Road Corridor Overlay District guidelines, and are consistent with the existing building materials. 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 plan. 5 Findings of Fact Planning and Development Commission Petition 92-06 November 20, 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 "Office Research Industrial" by the Comprehensive Plan and Design Guidelines (2005). This designation allows for a variety of industrial, manufacturing, assembly, warehouse, distribution, research and development, technology, corporate and support office, and limited employee-serving retail uses. These activities typically locate in business parks. Appropriate locations offer direct access to the arterial street system, and are close proximity to highways, the freeway system and interchanges. The proposed use is compatible with this land use designation. I. 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. J. 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. The intent of the planned development process is to ensure the protection of public health, safety and welfare. No evidence has been submitted or found that the proposed planned development will cause undue detrimental impact on itself or 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 Elgin Zoning Ordinance. The applicant is not requesting any departures from the standard requirements of the ORI Office Research Industrial District and this PORI Planned Office Research Industrial District. SUMMARY OF FINDINGS,UNRESOLVED ISSUES, AND ALTERNATIVES The Planning and Development Commission has developed or identified the following findings, unresolved issues and alternatives: 6 Findings of Fact Planning and Development Commission Petition 92-06 November 20, 2006 A. Summary of Findings. Positive Attributes. The establishment of a high quality restaurant will be an attractive amenity at this intersection. The proposed use will likely attract additional customers to the general area, which will in turn generate additional tax revenue for the city. 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 Planning and Development Commission hereby recommends approval of Petition 92-06. On a motion to recommend approval, subject to the following conditions,the vote was seven(7)yes and zero (0) no: 1. Substantial conformance to the Statement of Purpose and Conformance dated August 4, 2006. 2. Substantial conformance to the proposed Site and Building Improvements for the Sports Barn and Grill, encompassing the Site Plan (Sheet Cl, revised November 30, 2006); Elevations (Sheet Al and A2, revised November 30, 2006); First, Second and Third Floor Plans (Sheets A3, A4, and A5 revised November 30, 2006); Monument Sign (Sheet A6, revised November 30, 2006); Photometric Plan (prepared by KSA, dated July 10, 2006), prepared by William M. Brown and Associates, with revisions as required by the Community Development Group. 3. Substantial conformance to the proposed Landscape Plan, prepared by Trinity Landscape, dated June 14, 2006, with revisions as required by the Community Development Group. 4. Compliance with all other applicable codes and ordinances. Therefore, the motion to recommend approval of Petition 92-06 was adopted. r 7 Findings of Fact Planning and Development Commission ebk Petition 92-06 November 20, 2006 Respectfully Submitted, John Hurlbut, Chairman Planning and Development Commission Thomas Armstrong, Secretary Planning and Development Commission p 8