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HomeMy WebLinkAboutG2-07 (2) Ordinance No. G2-07 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT TO PERMIT THE CONSTRUCTION OF AN AUTO REPAIR SHOP IN THE CI COMMERCIAL INDUSTRIAL DISTRICT AND THE ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT (830 Villa Street) WHEREAS, written application has been made for a conditional use for a planned development which will allow for the construction of an auto repair shop within the CI Commercial Industrial District and the ARC Arterial Road Corridor Overlay District at 830 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 CITY OF ELGIN, ILLINOIS: Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated September 6, 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 830 Villa Street and legally described as follows: Lots 10 and 11, Block 4, Hawkins and Sower's Addition, in Cook County, Illinois (Property Commonly Known as 830 Villa Street). be and is hereby granted subject to the following conditions: 1. Substantial conformance to the Statement of Purpose and Conformance prepared by Mary Mane, Architect, dated August 7, 2006. 2. Substantial conformance to the proposed Site / Landscape Plan prepared by MM Design Ltd., dated August 3, 2006 and building elevations and plans prepared by MM Design Ltd, dated June 9, 2006. 3. The security fence and gate shall be solid wood construction, consistent with the design and six (6) foot height of the existing perimeter fence. 4. 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. A ° ayo Pro Tem, Presented: January 10, 2007 Passed: January 10, 2007 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: January 11, 2007 Published: Attest: Dolonna Mecum, City Clerk r r September 6, 2006 FINDINGS OF FACT Zoning and Subdivision Hearing Board City of Elgin,Illinois SUBJECT Consideration of Petition 72-06 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 an Auto Body Shop; Property Located at 830 Villa Street, by Elias Jaramillo, as Applicant and Owner. GENERAL INFORMATION Requested Action: Conditional Use Approval Current Zoning: CI Commercial Industrial District ARC Arterial Road Corridor Overlay District Existing Use: Auto Repair Shop and Residence with Attached Office Proposed Use: Auto Repair Shop Property Location: 830 Villa Street Applicant/Owner: Elias Jaramillo Staff Coordinator: Janice Ward, Senior 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) EXHIBIT I Findings of Fact Zoning and Subdivision Hearing Board Petition 72-06 September 6, 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 Elias Jaramillo, 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 an auto body shop. The property is located at 830 Villa Street. (reference Exhibits A, B, C, D, E and F). The applicant is proposing to redevelop the site by demolishing the existing single family residence and auto body shop and constructing a 5,204 square foot auto body shop containing an office and waiting area, service bays, and a paint booth. The proposed exterior building materials are brick masonry with a cast stone and concrete block foundation. Additional landscaping is also proposed for the site. The proposed site improvements require 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 72-06 on September 6, 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 25, 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. ePih. - 2 - Findings of Fact Zoning and Subdivision Hearing Board esibk Petition 72-06 September 6, 2006 The subject property is an irregularly shaped parcel containing 28,187 square feet of lot area. The property currently is improved with a one-story residence and attached office, an auto body shop, and a parking lot. 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 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 Villa Street. Villa Street is an arterial street serving the east side of Elgin. Off-street parking is proposed in conformance with the Off-Street Parking Ordinance. The proposed parking lot on the subject property will provide a total of 27 off-street parking spaces. 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. 1927: B Residential District 1950: E Commercial District 1960: E Commercial District 1961: E Commercial District 1962: B4 General Service Business District 1992: B4 General Service Business District - 3 - Findings of Fact Zoning and Subdivision Hearing Board Petition 72-06 September 6, 2006 Present: CI Commercial Industrial District ARC Arterial Road Corridor Overlay District The subject property currently is occupied by an auto body repair shop and nonconforming single family residence. A single family residence was constructed on the subject property in 1939 in conformance with the B Residential District zoning. The zoning classification was changed in 1950 to accommodate commercial development along Villa Street. In 1992,the zoning classification was changed to CI Commercial Industrial District and ARC Arterial Road Corridor Overlay District with the comprehensive amendment to the zoning ordinance. Just prior to the rezoning in 1990, the auto body repair shop was established on the subject property. 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 on the east side of Elgin and is zoned CI Commercial Industrial District. The areas surrounding the subject property are also zoned CI Commercial Industrial District. The Villa Garden Estates mobile home park is located to the east of the subject property. A bowling alley and an associated parking lot are located to the west and north of the subject property. Commercial land uses are located to the south on Villa Street. 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 72-06 September 6, 2006 The purpose 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 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 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 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 current use of the subject property is in substantial conformance with the purpose and intent of the CI District. The site substantially conforms to the site design requirements of the CI District. 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 primary use of masonry building materials. 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. - 5 - 1, Findings of Fact Zoning and Subdivision Hearing Board Petition 72-06 September 6, 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 requires planned development approval due to the site being located in an ARC Arterial Road Corridor Overlay District. The applicant is proposing to redevelop the site by demolishing the existing single family residence and auto body shop and constructing a 5,204 square foot auto body shop containing an office and waiting area, service bays, and a paint booth. The proposed exterior building materials are brick masonry with a cast stone and concrete block foundation. The applicant is proposing to add landscaping to the site and has agreed to provide 100% landscaping. In addition to the landscaping, the applicant proposes to maintain an existing six (6) foot high, solid wood fence located along the east and west property line. The fence encroaches into the street setback by approximately 90 linear feet on the east and twelve(12) feet on the west and, thereby, departs from the Zoning Ordinance standard for fencing. Additionally, the applicant is proposing a six (6) foot high security fence and gate on the western side of the auto body shop. This fence will be solid wood construction. 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"Employment: Office,Research,Industrial"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. 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. - 6 - Findings of Fact Zoning and Subdivision Hearing Board Petition 72-06 September 6, 2006 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. 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 site along an arterial corridor. The proposed redevelopment will provide an aesthetically appealing building that is constructed of quality masonry building materials, an improved site plan for the business use, and additional 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 exercise undue detrimental influence on itself or surrounding property. Additionally, the site layout has been designed to provide efficient traffic movements internally on the site. 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. r - 7 - Findings of Fact Zoning and Subdivision Hearing Board Petition 72-06 September 6, 2006 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 Purpose and Conformance prepared by Mary Mane, Architect, dated August 7, 2006. 2. Substantial conformance to the proposed Site/Landscape Plan prepared by MM Design Ltd., dated August 3, 2006 and building elevations and plans prepared by MM Design Ltd,dated June 9, 2006. 3. Compliance with all other applicable codes and ordinances. Therefore, the motion to recommend approval was adopted. Respectfully Submitted, r Daniel Weiler, Chairman Pro-Tem Zoning and Subdivision Hearing Board Lauren Pruss, Secretary Zoning and Subdivision Hearing Board r - 8 -