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HomeMy WebLinkAboutG7-07 (2) Ordinance No. G7-07 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT TO PERMIT EXTERIOR RENOVATIONS IN THE RB RESIDENCE BUSINESS DISTRICT AND THE ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT (667 East Chicago Street) WHEREAS, written application has been made for a conditional use for a planned development which will permit exterior renovations in the RB Residence Business District and the ARC Arterial Road Corridor Overlay District at 667 East Chicago Street; and WHEREAS, the Zoning and Subdivision Hearing Board conducted a public hearing after due notice by publication and has submitted its findings of fact and recommended approval; and WHEREAS, the City Council of the City of Elgin concurs in the findings and recommendation of the Zoning and Subdivision Hearing Board. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated January 3, 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 for a planned development which will permit exterior renovations in the RB Residence Business District and the ARC Arterial Road Corridor Overlay District at 667 East Chicago Street and legally described as follows: Lots 5 and 8 in Block 3 of East View Addition to Elgin, in the City of Elgin, Kane County, Illinois (Property Commonly Known as 667 East Chicago Street). be and is hereby granted subject to the following conditions: 1. Substantial conformance to the Statement of Purpose and Conformance prepared by Maria Elena Mendoza, dated November 2006. 2. Substantial conformance to the proposed site and building elevations and plans prepared by David Jurina, Avid Architecture, dated December 2006. 3. The existing siding on the front building elevation will be removed in order to expose and refinish the original wood siding. The remaining siding on the structure will be removed and the original wood siding restored within 12 months following City Council approval of the ordinance. 4. Substantial conformance to the proposed Landscape Plan prepared by Pat Hill, Garden Designs, dated November 2006, revised December 2006. 5. Substantial conformance to the proposed Sign Plan prepared by Pat Hill, Garden Designs, dated December 2006. 6. Construction of a six (6) foot high, solid wood fence along the west property line, up to the front yard setback. 7. Consultation with the neighbor to the west before the removal of existing boundary trees. 8. 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. Ed Schock, Mayor Presented: February 14, 2007 Passed: February 14, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: February 15, 2007 Published: Attest: Dolonna Mecum, City Clerk 1101 Jenn 'er Quip44, Deputy City Clerk r January 3, 2007 FINDINGS OF FACT Zoning and Subdivision Hearing Board City of Elgin, Illinois SUBJECT Consideration of Petition 95-06 Requesting a Conditional Use for a Planned Development in the RB Residence Business District and the ARC Arterial Road Corridor Overlay District,to Permit Exterior Renovations in the ARC Arterial Road Corridor Overlay District; Property Located at 667 E. Chicago Street, by Noe and Maria Elena Mendoza, as Applicant and Noe Mendoza, as Owner. GENERAL INFORMATION Requested Action: Conditional Use for a Planned Development Approval Current Zoning: RB Residence Business District ARC Arterial Road Corridor Overlay District Existing Use: Single Family Residence Proposed Use: Beauty Salon and 2nd Floor Office Property Location: 667 E. Chicago Street Applicant: Noe and Maria Elena Mendoza Owner: Noe Mendoza 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) EXHIBIT A Findings of Fact Zoning and Subdivision Hearing Board Petition 95-06 January 3, 2007 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) K. Related Correspondence (see attached) BACKGROUND An application has been filed by Noe and Maria Elena Mendoza, requesting a conditional use for a planned development in the RB Residence Business District and the ARC Arterial Road Corridor Overlay District,to permit exterior renovations in the ARC Arterial Road Corridor Overlay District. The property is located at 667 E. Chicago Street (reference Exhibits A, B, C, D, E and F). The applicant proposes to renovate the existing structure for use as a beauty salon and a second-floor office. Building and site improvements, including a parking lot and additional landscaping, are proposed for the site. The proposed exterior building renovation requires ARC Arterial Road Corridor Overlay District approval. 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 95-06 on January 3, 2007. The applicant testified at the public hearing and presented documentary evidence in support of the application. Public testimony was presented. The Community Development Group submitted a Conditional Use Review dated December 29, 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. - 2 - Findings of Fact Zoning and Subdivision Hearing Board Petition 95-06 January 3, 2007 The subject property is an irregularly shaped parcel containing 9,309 square feet of lot area. The property currently is improved with a two-story frame single family residence, a garage and vehicle use area. 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 a through lot which fronts on Chicago Street and backs onto Eastview Street. Chicago 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 11 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: D Commercial District 1960: D Commercial District 1961: D Commercial District 1962: B3 General Service Business District 1992: B3 General Service Business District Present: RB Residence Business District ARC Arterial Road Corridor Overlay District - 3 - Findings of Fact Zoning and Subdivision Hearing Board Petition 95-06 January 3, 2007 The subject property is occupied with a two-story single family residence. The residence was constructed in 1939under the B Residential District zoning. The zoning classification was changed in 1950 to accommodate commercial development along Chicago Street. In 1962, the zoning classification was changed to B3 General Service Business District. The present zoning allows for single family residential, office and beauty salon land uses. 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 RB Residence Business District. The area east and west of the subject property is also zoned RB Residence Business District. Parcels to the west, along Eastview Street, are zoned RC2 Residence Conservation District. 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 Chicago 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. 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 proposed beauty salon and office land uses are permitted in the RB Residence Business District. - 4 - Findings of Fact Zoning and Subdivision Hearing Board Petition 95-06 January 3, 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. 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. 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. 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 proposed planned development is in conformance with the purpose and intent of the planned development and arterial road corridor provisions. The proposed building and site modifications require planned development approval due to the property's location 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 change the use of the existing structure in order to establish a beauty salon on the first floor and an office on the second floor. The existing building will be renovated to accommodate the two new uses. The front porch and chimney will be removed. A new bay window and doors for the salon and office will be installed. A handicap ramp, that wraps around the east building elevation, will be constructed. The - 5 - Findings of Fact Zoning and Subdivision Hearing Board Petition 95-06 January 3, 2007 existing siding on the front building elevation will be removed in order to expose and refinish the original wood siding. The remaining siding on the structure will be removed and the original wood siding restored within 12 months following City Council approval of the ordinance. Additionally, the applicant is proposing to maintain the existing garage for storage and remove the attached shed. This structure will be repainted to match the primary building on the site. The driveway, with access from Eastview Street, will be removed and the curb will be restored. An eleven (11) space parking lot, with access from Chicago Street, will be constructed. A forty (40) square foot monument sign will be constructed. Additional landscaping is proposed and selected existing trees will be maintained. The applicant will consult with the neighbor to the west before the removal of any existing boundary trees. A six (6) foot high, solid wood fence will be constructed along the west property line, up to the front yard setback. Comprehensive Plan Standard. The suitability of the subject property for the intended ribh 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"Urban/Traditional Residential"by the City of Elgin's Comprehensive Plan and Design Guidelines dated 2005. Neighborhood commercial centers are allowed in this land use category. 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 95-06 January 3, 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. The planned development ordinance is intended to prevent undue detrimental influence on the proposed internal land uses and on the surrounding properties. Note that the site plan for the subject property 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 renovation of a structure located along an arterial corridor. The applicant is proposing to change the land use in order to establish a beauty salon on the first floor and an office on the second floor. The existing building will be renovated to accommodate the two new uses. The front porch and chimney will be removed. A new bay window and doors for the salon and office will be installed. A handicap ramp, that wraps around the east building elevation, will be constructed. The existing siding on the front building elevation will be removed in order to expose and refinish the original wood siding. The remaining siding on the structure will be removed and the original wood siding restored within 12 months following City Council approval of the ordinance. Additionally, the applicant is proposing to maintain the existing garage for storage and remove the attached shed. This structure will be repainted to match the primary building on the site. Additional landscaping and fencing is proposed and selected existing trees will be maintained. 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. - 7 - Findings of Fact Zoning and Subdivision Hearing Board Petition 95-06 January 3, 2007 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 seven(7)yes and zero (0) no: 1. Substantial conformance to the Statement of Purpose and Conformance prepared by Maria Elena Mendoza, dated November 2006. 2. Substantial conformance to the proposed site and building elevations and plans prepared by David Jurina, Avid Architecture, dated December 2006. irk 3. The existing siding on the front building elevation will be removed in order to expose and refinish the original wood siding. The remaining siding on the structure will be removed and the original wood siding restored within 12 months following City Council approval of the ordinance. 4. Substantial conformance to the proposed Landscape Plan prepared by Pat Hill, Garden Designs, dated November 2006, revised December 2006. 5. Substantial conformance to the proposed Sign Plan prepared by Pat Hill, Garden Designs, dated December 2006. 6. Construction of a six (6) foot high, solid wood fence along the west property line, up to the front yard setback. 7. Consultation with the neighbor to the west before the removal of existing boundary trees. 8. Compliance with all other applicable codes and ordinances. Therefore, the motion to recommend approval was adopted. r - 8 - Findings of Fact Zoning and Subdivision Hearing Board Petition 95-06 January 3, 2007 Respectfully Submitted, Robert Langlois, Chairman Zoning and Subdivision Hearing Board Lauren Pruss, Secretary Zoning and Subdivision Hearing Board r r - 9 -