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HomeMy WebLinkAboutG47-08 Ordinance No. G47-08 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A MOTORCYCLE DEALER IN THE NB NEIGHBORHOOD BUSINESS DISTRICT (920 South McLean Boulevard) WHEREAS, written application has been made requesting conditional use approval for a motorcycle Dealer in the NB Neighborhood Business District; 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 June 4, 2008, 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 to permit a Motorcycle Dealer (5571) in the NB Neighborhood Business District at 920 South McLean and legally described as follows: That part of the Northwest Quarter of Section 27, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the most Easterly Northeast corner of College Green Unit 1, being a subdivision of part of said Northwest Quarter; thence North 85 degrees 27 minutes 26 seconds West along a Northerly line of said Unit 1, a distance of 50.0 feet to the Westerly right of way line of McLean Boulevard for the point of beginning, (said point also being the Northeast corner of Lot 15, of said College Green Unit 1); thence continuing North 85 degrees 27 minutes 26 seconds West along said North line of Unit 1, a distance of 340.14 feet to a jog in said subdivision; thence North 04 degrees 58 minutes 47 seconds East along an East line of said subdivision 223.83 feet to the South line of Torrey Pines Drive (also being the Northeast corner of Lot 7 in said Unit 1); thence South 85 degrees 01 minutes 54 seconds East along the South line of Torrey Pines Drive a distance of 339.14 feet to the West line of McLean Boulevard; thence Southerly along said West line being on a curve to the left having a radius of 34,427.50 feet, an arc length of 221.31 feet to the point of beginning; (the cord of the last described bearing South 04 degrees 43 minutes 29 seconds West 221.31 feet), in the City of Elgin, Kane County, Illinois. be and is hereby granted subject to the following conditions: 1. Substantial conformance with the Statement of Purpose and Conformance, prepared by Charles R. Stephenson, dated May 14, 2008. 2. Substantial conformance with the Site Plan, prepared by Robert P. Lizzo Architect, dated May 14, 2008. 3. Substantial conformance to the Landscape Plan, prepared by Planning Resources Inc., dated May 23, 2008. Landscaping must be installed prior to the issuance of an occupancy permit. 4. Substantial conformance to the plan for the proposed fence along the west end of the parking lot, prepared by Planning Resources Inc., dated May 23, 2008. The fence must be installed prior to the issuance of an occupancy permit. 5. Test driving motorcycles or other vehicles shall not be allowed on the streets in adjoining residential subdivisions. 6. Outdoor storage of supplies or equipment is prohibited. 7. Compliance with all 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. jeCi=111J- Ed Schock, Mayor Presented: June 25, 2008 Passed: June 25, 2008 Vote: Yeas: 7 Nays: 0 Recorded: June 26, 2008 Published: Attest: Diane Robertson, City Clerk • r June 4, 2008 FINDINGS OF FACT Zoning and Subdivision Hearing Board City of Elgin,Illinois SUBJECT Consideration of Petition 24-08 Requesting Conditional Use Approval to Allow a Motorcycle Dealer in the NB Neighborhood Business District; Property located at 920 South McLean Boulevard by Kane County Motor Sports /B2 Investments, LLC, as Applicant, and Thomas C. Zylstra, Beth A. Zylstra, Robert C. Zylstra, and Marcia L. Zylstra, as Owners. GENERAL INFORMATION Requested Action: Conditional Use Approval Current Zoning: NB Neighborhood Business District ARC Arterial Road Corridor Overlay District Proposed Zoning: NB Neighborhood Business District ARC Arterial Road Corridor Overlay District Existing Use: Vacant Commercial Proposed Use: Motorcycle Dealer Property Location: 920 South McLean Boulevard Applicant: Kane County Motor Sports/B2 Investments, LLC Thomas C. Zylstra, Beth A. Zylstra, Robert C. Zylstra, and Owners: Marcia L. Zylstra Staff Coordinator: Lydia Treganza, Associate Planner LIST OF EXHIBITS A. Location Map (see attached) B. Zoning Map (see attached) C. Parcel Map (see attached) EXHIBIT A Findings of Fact Zoning and Subdivision Hearing Board Petition 24-08 June 4, 2008 D. Aerial Photo (see attached) E. Environmental Photo (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 Kane County Motor Sports / B2 Investments, LLC, requesting conditional use approval to allow a motorcycle dealer in the NB Neighborhood Business District. The property is located at 920 South McLean Boulevard (reference Exhibits A, B, C, D, and E). The applicant is requesting to operate a motorcycle dealership on the subject property that will sell and service new and used motorcycles,all terrain vehicles,snowmobiles and personal watercraft,and associated parts and accessories. Brands that will be sold include Suzuki,Polaris,BRP(Bombardier) and KTM. The proposed hours of operation for this business are from 9:00 a.m. to 7:00 p.m., Monday through Saturday. The business will be closed on Sundays. The proposed business will be located in a building that is currently vacant. The two previous owners for the property also operated motorcycle dealerships. The building at this location was designed and built to accommodate the original owner's motorcycle dealership. Therefore,there are no plans to change the building at this time. However,the applicant is proposing to add a significant amount of landscaping along the west and south sides of the property to screen the subject property from the residences that surround it. Additionally, since the existing 6 foot fence sits at the bottom of a sloped area along the west side of the property, it is ineffective as a screen. Therefore a six foot (6')fence will be added adjacent to the parking lot to screen the subject property from the residences to the west (reference Exhibits F, G, H, I and J). Conditional use approval is required for this land use to be allowed in the NB District. The purpose and intent of the provisions for conditional use approval is to recognize that there are certain uses which cannot be properly classified without individual review and consideration. 2 Findings of Fact Zoning and Subdivision Hearing Board Petition 24-08 June 4, 2008 r GENERAL FINDINGS After due notice, as required by law,the Zoning and Subdivision Hearing Board conducted a public hearing in consideration of Petition 24-08 on June 4, 2008. The applicant testified at the public hearing and presented documentary evidence in support of the application. Objectors were present. The Community Development Group submitted a Conditional Use Review dated May 21, 2008. The Zoning and Subdivision Hearing Board has made the following general findings: A. Zoning History Standard. The suitability of the subject property for the intended conditional use 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 with respect to the length of time the property has remained undeveloped or unused in its current zoning district. 1927: Out of City 1950: Out of City 1960: Out of City 1962: Out of City 1992: B1 Retail Business District Present: NB Neighborhood Business District ARC Arterial Road Corridor Overlay District The subject property was annexed and zoned B3 Service Business District in 1974. The property was rezoned to B1 Retail Business District in 1988. This B1 zoning classification of the property was associated with the preliminary platting and zoning for College Green Subdivision. The subject property was rezoned to NB Neighborhood Business District in 1992 as part of a comprehensive amendment to the zoning ordinance. B. Surrounding Land Use and Zoning Standard. The suitability of the subject property for the intended conditional use with respect to consistency and compatibility with surrounding land use and zoning. Findings. The subject property is suitable for the intended conditional use with respect to consistency and compatibility with surrounding land use and zoning. The area north of the subject property is zoned PNB Planned Neighborhood Business District. This area is developed with a retail center that includes such uses as the Bunge Auto Center,Payless Liquor,Holsum Outlet,Hot Diggity Dog,Life Source, and Trendsetter Spa. 3 I e Findings of Fact Zoning and Subdivision Hearing Board Petition 24-08 June 4, 2008 The areas south and west of the subject property are zoned RC1 Residence Conservation District. These areas are developed with single family residences that are part of the College Green Subdivision. The area northeast of the subject property is zoned ORI Office Research Industrial District. This land is developed with the Buesche Motor Home Court. The area east of the subject property is zoned PORI Planned Office Research Industrial District. This area is developed with a commercial subdivision owned by the Loyal Order of Moose,Elgin Lodge 799. The lot directly south of the commercial subdivision is vacant. The area southeast of the subject property is zoned GI General Industrial District. This land is developed with an industrial subdivision owned by Fox Bluff Corporate Center. The motorcycle dealership is in keeping with the land uses and zoning designations that surround the subject property. C. Trend of Development Standard. The suitability of the subject property for the intended conditional use 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 with respect to the trend of development standard. The subject property is located within an area that is developed with residential,commercial, industrial, and recreational uses. D. Zoning District Standard. The suitability of the subject property for the intended conditional use 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 with respect to the length of time the property has remained undeveloped or unused in its current zoning district. The purpose of the NB Neighborhood Business district is to provide for commercial areas supplying daily convenience commodities and services to a neighborhood population. The scale of development of an NB zoning district is limited by the applicable site design regulations due to its function and resulting close proximity to residences. E. Site Characteristics Standard. The suitability of the subject property for the intended conditional use with respect to its size, shape, significant features including topography, watercourses, vegetation, and existing improvements. 4 Findings of Fact Zoning and Subdivision Hearing Board Petition 24-08 June 4, 2008 Findings.The subject property is suitable for the intended conditional use with respect to the site characteristics standard. The subject property is a corner lot containing approximately 75,547 square feet of land. The property is improved with a 16,238 square foot commercial building and related accessory off-street parking. The land on the east end of the property is bermed. The land on the southeast end and on the west end of the property contain significant drops in topography. F. Sewer and Water Standard. The suitability of the subject property for the intended conditional use 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 with respect to the sewer and water standard. The subject property is served by municipal water, sanitary sewer and storm water control services. G. Traffic and Parking Standard. The availability of the subject property for the intended conditional use 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 with respect to the traffic and parking standard. The subject property is located at the southwest corner of South McLean Boulevard and Torrey Pines Drive. South McLean Boulevard is an arterial street that serves the west side of Elgin. Torrey Pines Drive is a local street and is one of two entrances into College Green Subdivision from South McLean Boulevard. Off street parking will be provided in conformance with the off street parking ordinance. H. Comprehensive Plan Standard. The suitability of the subject property for the intended conditional use 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 with respect to the Comprehensive Plan Standard. The subject property is located in an area designated "Low Density Residential" (2.1 dwelling units to 4 dwelling units per net acre) and"Transportation Corridor"by the City's Comprehensive Plan and Design Guidelines dated 2005. In the low density residential land 5 Findings of Fact Zoning and Subdivision Hearing Board Petition 24-08 June 4, 2008 category, neighborhood commercial centers are listed under other uses that are allowed. Transportation corridors connect mixed-use centers and provide part of the guiding framework for growth and development within designated areas. Transportation corridor designations are intended to optimize public transit and to move people in a timely and efficient manner. The proposed land use is in keeping with the goals, objectives, and policies of these comprehensive plan designations. Location,Design, and Operation Standard. The suitability of the subject property for the intended conditional use with respect to it being located, designed, and operated so as to promote the purpose and intent of this title and chapter. Findings.The subject property is suitable for the intended conditional use with respect to it being located,designed, and operated so as to promote the purpose and intent of the zoning ordinance. 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. 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. Positive Attributes. Conditional use approval is required to establish a motorcycle dealership in the NB Neighborhood Business District. The proposed business will be located in a building that is currently vacant. The two previous owners for the property also operated motorcycle dealerships. The building at this location was designed and built to accommodate the original owner's motorcycle dealership. Therefore, there are no plans to change the building. However, the applicant is proposing to add a significant amount of landscaping along the west and south sides of the property to screen the subject property from the residences that surround it. Additionally, since the existing 6 foot fence sits at the bottom of a sloped area along the west side of the property, it is ineffective as a screen. Therefore a six foot(6') fence will be added adjacent to the parking lot to screen the subject property from the residences to the west B. Summary of Unresolved Issues. 6 Findings of Fact Zoning and Subdivision Hearing Board Petition 24-08 June 4, 2008 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 24-08. On a motion to recommend approval of the conditional use, subject to the following conditions,the vote was six (6) yes and zero (0) no: 1. Substantial conformance with the Statement of Purpose and Conformance,prepared by Charles R. Stephenson, dated May 14, 2008. 2. Substantial conformance with the Site Plan,prepared by Robert P.Lizzo Architect,dated May 14, 2008. 3. Substantial conformance to the Landscape Plan, prepared by Planning Resources Inc., dated May 23, 2008. Landscaping must be installed prior to the issuance of an occupancy permit. 4. Substantial conformance to the plan for the proposed fence along the west end of the parking lot,prepared by Planning Resources Inc., dated May 23, 2008. The fence must be installed prior to the issuance of an occupancy permit. 5. Test driving motorcycles or other vehicles shall not be allowed on the streets in adjoining residential subdivisions. 6. Outdoor storage of supplies or equipment is prohibited. 7. Compliance with all applicable codes and ordinances. Therefore, the motion to recommend approval was adopted. r 7 Findings of Fact Zoning and Subdivision Hearing Board Petition 24-08 June 4, 2008 r s/Robert Langlois Robert Langlois, Chairman Zoning and Subdivision Hearing Board s/ Sarosh Saher Sarosh Saher, Secretary Zoning and Subdivision Hearing Board r 8