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HomeMy WebLinkAboutG30-07 • Ordinance No. G30-07 AN ORDINANCE GRANTING A CONDITIONAL USE IN THE AB AREA BUSINESS DISTRICT TO PERMIT A MEMBERSHIP ORGANIZATION AND GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT IN THE ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT TO PERMIT THE CONSTRUCTION OF A BUILDING FOR THE BOYS AND GIRLS CLUB (355 Dundee Avenue) WHEREAS, written application has been made for a conditional use in the AB Area Business District, to permit a membership organization, and for a conditional use for a planned development in the ARC Arterial Road Corridor Overlay District, to permit the construction of a building for the Boys and Girls Club at 355 Dundee Avenue; 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 May 02, 2007, 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 in the AB Area Business District, which will permit Membership Organization, and that a conditional use for a planned development in the ARC Arterial Road Corridor Overlay District, which will permit the construction of a building for the Boys and Girls Club at 355 Dundee Avenue, and legally described as follows: Of That Part of Lot 12 in P.J. Kimball SR.'s Addition to Elgin, Described as Follows: Beginning at the Intersection of the North Line, as Monumented, of Ann Street With the Easterly Line of Dundee Avenue; Thence North 27 Degrees 15 Minutes 00 Seconds East (Record and Measured), Along the Easterly Line of Dundee Avenue, a Distance of 140.19 Feet (Record Being 139.80 Feet) to the North Line, as Monumented, of Said Lot 12, Being also the South Line of Brown's Subdivision of Lot 13 of Said P.J. Kimball SR.'s Addition to Elgin; Thence South 89 Degrees 01 Minutes 05 Seconds East (Record Being South 88 Degrees 09 Minutes East), Along Said Monumented Line, a Distance of 85.04 Feet (Record Being 85.00 Feet) to a Monumented Line; Thence South 10 Degrees 57 Minutes 42 Seconds West (Record Being South 11 Degrees 00 Minutes West), Along Said Monumented Line, a Distance of 121.29 Feet (Record Being 120.30 Feet) to the North Line of Aforesaid Ann Street; Thence South 88 Degrees 08 Minutes 16 Seconds West (Record Being South 88 Degrees 12 Minutes West), Along Said North Line, a Distance of 126.22 Feet (Record Being 126.30 Feet) to the Point of Beginning. Being Situated in the City of Elgin, Kane County, Illinois (Property Commonly Known as 355 and 361 Dundee Avenue). Lot 1 and the West '/2 of Lot 2 of Brown's Subdivision of Lot 13 of P.J. Kimball Senior's Addition to the City of Elgin, Kane County, Illinois (Property Commonly Known as 365 and 367 Dundee Avenue and 361 Hickory Place). That Part of Lot 12 in Phineas J. Kimballs Sen. Addition to Elgin, Described as Follows: Commencing at the Intersection of the Northerly Line of Ann Street With the Easterly Line of Dundee Avenue; Thence Northerly Along the Easterly Line of Said Dundee Avenue 139.8 Feet to the Northwest Corner of Said Lot 12; Thence South 88 Degrees 9 Minutes East Along the Northerly Line of Said Lot, 85 Feet; Thence South 11 Degrees West 120.3 Feet to the Northerly Line of Said Ann street for the Point of Beginning; Thence North 11 Degrees East 120.3 Feet to the Northerly Line of Said Lot 12; Thence Easterly Along Said Northerly Line 58 Feet to a Point 143 Feet Easterly of the Northwest Corner of Said Lot 12; Thence Southerly Parallel With the West Line of Gifford Street 49.5 Feet, Thence Westerly Parallel With the Northerly Line of Said Lot 12, 7.2 Feet; Thence Southerly Parallel With the West Line of Gifford Street 65 Feet to a Point on the Northerly Line of Said Ann Street 199.5 Feet Easterly of the Easterly Line of Dundee Avenue; Thence Westerly Along the Northerly Line of Ann Street 73.2 Feet to the Point of Beginning, in the City of Elgin, Kane County, Illinois (Property Commonly Known as 366 Ann Street). be and is hereby granted subject to the following conditions: 1. Substantial conformance to the Statement of Purpose and Conformance prepared by Ian Lamp, dated April 23, 2007. 2. Substantial conformance to the proposed Site Plan, prepared by Arete 3 LTD, last revised May 22, 2007. 3. Substantial conformance to the proposed Building Elevation Plans, prepared by Arete 3 LTD, dated April 17, 2007. 4. Substantial conformance to the proposed Floor Plans, prepared by Arete 3 LTD, dated revised March 13, 2007. 5. Substantial conformance to the proposed Landscape Plan, prepared by Arete 3 LTD, dated revised May 9, 2007. 6. Foundation plantings must be included along the west building elevation as approved by the Development Administrator. • 7. Substantial conformance to the proposed Monument Graphic Plan, prepared by Arete 3 LTD, dated April 13, 2007. All graphics must meet the requirements of Chapter 19.50 Street Graphics of the Elgin Municipal Code. 8. The refuse collection area enclosure cannot be located in the streetyard. 9. The color and design of the 8 foot high, solid transition yard fence must be approved by the Development Administrator. 10. 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. . ?r1224C1Z___ Ed Schock, Mayor Presented: June 13, 2007 Passed: June 13, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: June 14, 2007 Published: Attest: i Je - fer Qui en, Acting City Clerk r May 2, 2007 FINDINGS OF FACT Zoning and Subdivision Hearing Board City of Elgin,Illinois SUBJECT Consideration of Petition 20-07 Requesting a Conditional Use in the AB Area Business District,to Permit a Membership Organization,and Requesting a Conditional Use for a Planned Development in the AB Area Business District,to Permit the Construction of a Building for the Boys and Girls Club in the ARC Arterial Road Corridor Overlay District; Property located at 355 Dundee Avenue by Lamp Incorporated, as Applicant, and the Boys and Girls Club, as Owner. BACKGROUND Requested Action: Conditional Use Approval Area Business District Current Zoning: ARC Arterial Road Corridor Overlay District Boys and Girls Club Administrative Building Existing Use: Boys and Girls Club Youth Recreation Facility Building New Clubhouse and Administrative Office Proposed Use: for the Boys and Girls Club Property Location: 355 Dundee Avenue Applicant: Lamp Incorporated Owner: Boys and Girls Club Staff Coordinator: Lydia Treganza, 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 Zoning and Subdivision Hearing Board Petition 20-07 May 2, 2007 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. Related Correspondence (see attached) BACKGROUND An application has been filed by Lamp Incorporated requesting a conditional use in the AB Area Business District,to permit a membership organization.The application also requests a conditional use for a planned development in the AB Area Business District, to permit the construction of a building for the Boys and Girls Club in the ARC Arterial Road Corridor Overlay District. The property is located at 355 Dundee Avenue(reference Exhibits A, B, C, D, E and F). Membership organizations require conditional use approval in the AB Area Business District. The Boys and Girls Club is a membership organization which wants to occupy a new building that is being proposed for the subject property. The Club currently serves 680 members and 1,507 non- members. The primary group who will use the club facility will be school age children between the ages of 5 and 15 years old. The Boys and Girls Club offers programs aimed at providing comprehensive life skills and fitness strategies to children. The proposed building for the Boys and Girls Club will require planned development approval because the subject property is located in an ARC Arterial Road Corridor Overlay District. The purpose and intent of the ARC overlay district is to ensure quality buildings along the city's entryway corridors. The applicant is proposing the construction of a 10,600 square foot building which will consist of a precast concrete wall panel exterior,an appropriate exterior building material in the ARC District. Additional landscaping will be used to augment the appearance of the building(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 20-07 on May 2, 2007. The applicant testified at the public hearing and presented documentary evidence in support of the application. No objectors were - 2 - May 2, 2007 FINDINGS OF FACT Zoning and Subdivision Hearing Board City of Elgin, Illinois SUBJECT Consideration of Petition 20-07 Requesting a Conditional Use in the AB Area Business District,to Permit a Membership Organization,and Requesting a Conditional Use for a Planned Development in the AB Area Business District,to Permit the Construction of a Building for the Boys and Girls Club in the ARC Arterial Road Corridor Overlay District; Property located at 355 Dundee Avenue by Lamp Incorporated, as Applicant, and the Boys and Girls Club, as Owner. BACKGROUND Requested Action: Conditional Use Approval Area Business District Current Zoning: ARC Arterial Road Corridor Overlay District Boys and Girls Club Administrative Building 40) Existing Use: Boys and Girls Club Youth Recreation Facility Building New Clubhouse and Administrative Office Proposed Use: for the Boys and Girls Club Property Location: 355 Dundee Avenue Applicant: Lamp Incorporated Owner: Boys and Girls Club Staff Coordinator: Lydia Treganza, Associate Planner LIST OF EXHIBITS A. Location Map (see attached) B. Zoning Map (see attached) C. Parcel Map (see attached) D. Aerial Map EXHIBIT (see attached) Findings of Fact Zoning and Subdivision Hearing Board esw Petition 20-07 May 2, 2007 present. The Community Development Group submitted a Conditional Use Review dated April 22, 2007. 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 and conditional use for a planned development with respect to the site characteristics standard. The subject property is an irrregularly shaped parcel consisting of 33,127 square feet of lot area. The property is improved with a two story residential building, garage, and paved driveway on the northeast side of the site and with a one and one-half story residential building and paved driveway on the southwest side of the site. These existing structures will be demolished as part of the redevelopment of the subject property. There are no significant natural features on the property. rik 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 and 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 and conditional use for a planned development with respect to the traffic and parking standard. The subject property has frontage along Dundee Avenue and is located north of Ann Street and south of Hickory Place. Dundee Avenue is an arterial street serving the east side of Elgin. Ann Street and Hickory Place Street are local streets serving the central portion of the city. r - 3 - Findings of Fact Zoning and Subdivision Hearing Board Petition 20-07 May 2, 2007 An access drive for the subject property is adjacent to Hickory Place and an egress drive from the subject property is adjacent to Ann 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 and 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: E Commercial District; B Residential District 1950: D Commercial District; C Residential District 1960: D Commercial District; C Residential District 1961: D Commercial District; C Residential District 1962: B1 Retail Business District; R4 General Residence 1992: B1 Retail Business District; R4 General Residence Present: AB Area Business District ARC Arterial Road Corridor Overlay District A two story frame building was built on Lot 2 of the subject property in 1900. A one and one-half story frame building was built on Lot 9 of the subject property in 1915. Lots 1 and 8 of the subject property are vacant lots. A Map Amendment was approved in 2002 that changed the zoning for Lot 2 from R4 General Residence to AB Area Business District and that made the entire subject property an AB Area Business 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 conditional use and conditional use for a planned development with respect to consistency and compatibility with surrounding land use and zoning. The subject property is an AB Area Business District. The area north of the subject property is zoned AB Area Business District and is developed with a retail center that includes a currency exchange and a restaurant. -4 - Findings of Fact Zoning and Subdivision Hearing Board Petition 20-07 May 2, 2007 The properties located immediately east of the subject property are zoned RC3 Residence Conservation and are developed with single family residences. The properties located immediately south of and along the west end of the subject property are zoned AB Area Business District and the properties located immediately south of and along the east end of the subject property are zoned RC3 Residence Conservation District. All these properties are developed with single family residences. The properties located west of the subject property are zoned AB Area business District and are developed with commercial businesses and service uses. The subject property is consistent and compatibile with the surrounding land uses and zoning. The land use will serve as a transition between the commercial and service uses adjoining it to the north and west and the residential neighborhood adjoining it to the east and south. 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 and conditional use for a proposed planned development with respect to the trend of development standard. The properties adjacent to the subject property along Dundee Avenue have developed with a mix of retail and service uses that are consistent with the intensity of development and service being proposed on the subject property. 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 with respect to conformance to the provision for the purpose and intent,and the location and size of a zoning district. The purpose of the AB Area Business District is to provide commodities and services to several neighborhoods, and in some instances to a communitywide or regional supporting population. AB zoning districts are limited by the applicable site design regulations to an intermediate scale of development relative to NB Neighborhood Business Districts and the CC 1 Center City District. r - 5 - Findings of Fact Zoning and Subdivision Hearing Board Petition 20-07 May 2, 2007 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 Boys and Girls Club youth recreation facility and administrative office is a consistent and compatible land use with surrounding land uses. The land use meets the purpose and intent of the AB Area Business District to provide commodities and services to several neighborhoods, as well as to a communitywide or regional supporting population. It also meets development standards that are intended to promote a transition between the more intense development in the AB zoning district and the residential neighborhoods surrounding the AB district. The subject property is located in an ARC Arterial Road Corridor Overlay District. The proposed building for the Boys and Girls Club will be constructed of a precast concrete wall panel exterior which is an appropriate exterior building material to be used in the ARC District. Landscaping will also be constructed to meet ARC District requirements. 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 buildings along the entryway corridors into the City of Elgin. I - 6 - • Findings of Fact Zoning and Subdivision Hearing Board r► Petition 20-07 May 2, 2007 Findings: The subject property is suitable for the intended conditional use and 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 proposed planned development is in conformance with the purpose and intent of the planned development and arterial road corridor provisions. Without planned development approval, the new 10,600 square foot building proposed for the Boys and Girls Club use could not be constructed on the subject property. The applicant is proposing to use precast concrete wall panels on the exterior elevations of this 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 and conditional use for a planned development with respect to the Comprehensive Plan Standard. The subject property is designated as "Highway Commercial" by the City of Elgin's Comprehensive Plan and Design Guidelines dated 2005. Areas designated Highway Commercial typically serve 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 which include uses designed to meet the daily"convenience"goods and services needs of residents in immediately adjacent neighborhoods. These uses might include a mix of small scale retail/service uses, a neighborhood park, and possibly an institutional use such as a church or elementary school. The proposed youth recreational facility and its administrative office will be in keeping with these designated land uses. 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 intended conditional use and proposed planned development with regard to the natural preservation standard. There are no natural features located on site worthy of preservation. K. Location,Design, and Operation. 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. - 7 - Findings of Fact Zoning and Subdivision Hearing Board Petition 20-07 May 2, 2007 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. No evidence has been submitted or found that the property use will create undue detrimental influence on itself or surrounding property. 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. For the purposes of this section, the most similar zoning district is the AB Area Business District. The applicant is requesting the following departure from the standard requirements of the AB District: 1. Section 19.35.435(E;1; a)Street Building Setbacks. In the AB Area Business District,the street building setback is 25.3 feet. The applicant is requesting that a 9 foot 10 inch street building setback be allowed along Dundee Avenue and that a 3 foot 5 inch street building setback be allowed along Ann Street. 2. Section 19.35.435 (E; 1; c) Transition Building Setbacks. In the AB Area Business District, the transition building setback is 50.5 feet. The applicant is requesting that a transition building setback of 42 feet 8 inches be allowed between the south end of the building and the east lot line. 3. Section 19.35.435 (E;2; a) Vehicle Use Area Street Setbacks. In the AB Area Business District, the vehicle use area street setback is 8.2 feet. The applicant is requesting that a 2 foot 7 inch vehicle use area street setback be allowed along Hickory Place and that a 6 foot vehicle use area street setback be allowed along Ann Street. 4. Section 19.35.435 (E;2; b)Vehicle Use Area Interior Setbacks. In the AB Area Business District, the vehicle use area interior setback is 6 feet. The applicant is requesting that a vehicle use area interior setback of 1 foot 6 inches be allowed along the east lot line. 5. Section 19.35.435(H;2)Vehicle Use Area Transition Landscape Yards. In the AB Area Business District,the vehicle use area transition landscape yard is 25.3 feet. The applicant is requesting that a vehicle use area transition landscape yard of 1 foot 6 inches be allowed along the east lot line. - 8 - Findings of Fact Zoning and Subdivision Hearing Board Petition 20-07 May 2, 2007 SUMMARY OF FINDINGS,UNRESOLVED ISSUES, AND ALTERNATIVES The Community Development Group has developed or identified the following unresolved issues and alternatives: A. Summary of Findings. Positive Attributes. The Boys and Girls Club youth recreation facility and administrative office is a consistent and compatible land use with surrounding land uses. The land use meets the purpose and intent of the AB Area Business District to provide commodities and services to several neighborhoods, as well as to a communitywide or regional supporting population. It also meets development standards that are intended to promote a transition between the more intense development in the AB zoning district and the residential neighborhoods surrounding the AB district. The subject property is located in an ARC Arterial Road Corridor Overlay District. The proposed building for the Boys and Girls Club will be constructed of a precast concrete wall panel exterior which is an appropriate exterior building material to be used in the ARC District. Landscaping will also be constructed to meet ARC District requirements. 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 The Zoning and Subdivision Hearing Board recommends the approval of Petition 20-07. On a motion to recommend approval of the conditional use, subject to the following conditions,the vote was four(4) yes and zero (0) no: 1. Substantial conformance to the Statement of Purpose and Conformance prepared by Ian Lamp, dated April 23, 2007. 2. Substantial conformance to the proposed Site Plan,prepared by Arete 3 LTD,dated revised May 9, 2007. - 9 - Findings of Fact Zoning and Subdivision Hearing Board Petition 20-07 May 2, 2007 18) 3. The vehicle use area turnaround along the east side of the north parking lot area will be reduced to a maximum 4 foot depth. The reduction in the length of the vehicle use area turnaround will create a 10 foot vehicle use area setback along the east lot. 4. Substantial conformance to the proposed Building Elevation Plans,prepared by Arete 3 LTD, dated April 17, 2007. 5. Substantial conformance to the proposed Floor Plans, prepared by Arete 3 LTD, dated revised January 2, 2007. 6. Substantial conformance to the proposed Landscape Plan,prepared by Arete 3 LTD, dated revised May 9, 2007. 7. Foundation plantings must be included along the west building elevation as approved by the Development Administrator. 8. Substantial conformance to the proposed Monument Graphic Plan,prepared by Arete 3 LTD, dated April 13, 2007. All graphics must meet the requirements of Chapter 19.50 Street Graphics of the Elgin Municipal Code. 9. The 8 foot high,solid transition yard fence along the east lot line must be setback 20 feet from the south street lot line lot line adjacent to Ann Street and 20 feet from the north street lot line lot line adjacent to Hickory Place. The color and design of the fence must be approved by the Development Administrator. 10. Compliance with all other applicable codes and ordinances. Therefore, the motion to recommend approval was adopted. Respectfully Submitted, Daniel Weiler, Chairman Pro Tern Zoning and Subdivision Hearing Board t•t tt 4 Torn Armstrong, Secretary Zoning and Subdivision Hearing Board - 10 -