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HomeMy WebLinkAboutG58-09 AN ORDINANCE Ordinance No. G58-09 • I AMENDING A PGI PLANNED GENERAL INDUSTRIAL DISTRICT TO PERMIT SITE IMPROVEMENTS (Illinois Bell Telephone d/b/a AT& T Services, Inc., 1325 South Street) WHEREAS, the territory herein described is classified in the PGI Planned General Industrial District; and WHEREAS, written application has been made to amend this PGI Planned General Industrial District to permit site improvements; 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. Illinois 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 September 21, 2009, 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 Chapter 19.08, Section 19.08.020 entitled Zoning District map of the Elgin Municipal Code, as amended, be and the same is hereby further amended by adding thereto the following boundaries hereinbefore laid out in the "Zoning District Map", as amended, be and are hereby altered by including in the PGI Planned General Industrial District, the following described areas: That part of the Northeast Quarter of Section 22, Township 41 North, Range 8, East of The Third Principal Meridian, Described As Follows: Commencing at the Southwest corner of Sunset Park, a subdivision of part of said Section 22; thence Northerly along the West line of said Sunset Park, a distance of 947.73 feet to the center line of South Street; thence Southwesterly along said center line a distance of 540.35 feet for the place of beginning; thence continuing Southwesterly along the center line of South Street a distance of 500.00 feet to line that is perpendicular to the center line of South Street and passes through the intersection of the Northwesterly line of South Street and the Easterly line of Weston Avenue; thence Southeasterly at right angles to the center line of South Street a distance of 33.0 feet; thence Southeasterly along the Northerly line of Federal Aid • Highway Route 6 as established by instrument recorded November 9, 1959 in Book • 38 of Plats page 82 as Document 905285, being along a line that forms an angle of f 19 degrees 35 minutes to the left with prolongation of the last described course a distance of 366.5 feet to the Northerly right of way line of Federal Route 6; thence Southeasterly along the Northerly right of way line of Federal Aid Route 6, being along a line that forms an angle of 25 degrees 13 minutes to the left with the prolongation of the last described course a distance of 300.0 feet.. thence Northwesterly a distance of 614.25 feet to the place of beginning; in situated in Elgin Township, Kane County, Illinois (Property commonly known as 1325 South Street). Section 3. That the City Council of the City of Elgin hereby grants an amendment to a PGI District for the property commonly known as 1325 South Street, and legally described above, which shall be designed, developed, and operated subject to the following conditions: 1. Substantial conformance to the Petitioner's Statement of Purpose and Conformance, submitted with the development application and letters prepared by Scott R. Larson; Architect/Project Manager of Teng & Associates, Inc., dated August 26, 2009, and September 1, 2009. 2. Substantial conformance to Site Plan (Sheet C1.1), and Landscape Plans (Sheets 1-1.0 and L2.0), prepared by Teng & Associates, Inc., last revised date October 5, 2009. 3. AT&T Services, Inc. shall require their employees to park only in the off street parking lot on the subject property and not on the street. 4. Compliance with all other applicable codes and ordinances. Section 4. That this ordinance shall be full force and effect immediately after its passage in the manner provided by law. Ed Schock, Mayor Presented: October 14, 2009 ' Passed: October 14, 2009 Vote: Yeas: 6 Nays: 0 =7 Recorded: October 15, 2009 Published: L Attest: Diane Robertson, City Jerk • - 2 - September 21, 2009 FINDINGS OF FACT Planning and Subdivision Hearing Board City of Elgin, Illinois SUBJECT Consideration of Petition 15-09 Requesting an Amendment to a PGI Planned General Industrial District Ordinance, to Permit Site Improvements to an Established Commercial Operations Yard; Property Located at 1325 South Street; by Illinois Bell Telephone d.b.a. AT&T Services, Inc., as Applicant and Owner. GENERAL INFORMATION Requested Action: Map Amendment Current & Proposed PGI Planned General Industrial District Zoning: Existing & Proposed Use: Offices, Garage and Commercial Operations Yard Property Location: 1325 South Street Applicant & Owner: Illinois Bell Telephone d.b.a. AT&T Services, Inc. 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) E. Environmental Map (see attached) F. Site Photos (see attached) G. Statement of Purpose (see attached) H. Draft PGI Ordinance (see attached) • I. Related Correspondence (see attached) EXHIBIT A Findings of Fact Planning and Development Commission Petition 15-09 September 21, 2009 • BACKGROUND An application has been filed by AT&T Services, Inc., requesting an amendment to a PGI Planned General Industrial District to permit site improvements to an established commercial operations yard. The subject property is located at 1325 South Street (reference Exhibits A, B, C, D, E, and F). The subject property is improved with an industrial building, accessory structures, paved vehicle use area and a storage yard. The applicant is proposing to make site improvements, including, the installation of an underground storm water detention system to address the standing water and flooding problem, a six foot high solid wood fence around the entire perimeter of the commercial operations yard, a six foot decorative ornamental fence along the front and side yards, along with the required landscaping materials, and the removal of the gravel in the commercial operations yard (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 15-09 on September 21, 2009. The applicant testified at the public hearing. Objectors spoke at the public hearing, and written correspondence was submitted. The Community Development Group submitted a Map Amendment Review, dated September 15, 2009. The Planning and Development Commission 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 zoning district with respect to the site characteristics standard. The subject property is an irregularly shaped parcel containing approximately 4.6 acres of land area. The property is currently improved with a one-story industrial building, paved vehicle use area and a gravel commercial operations yard. 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 zoning district with respect to the sewer and water standard. • The subject property is served with municipal water and sanitary sewer systems. Stormwater management will be provided in conformance with the standards and regulations of the City of Elgin and Kane County Stormwater Management Ordinances. - 2 - Findings of Fact Planning and Development Commission Petition 15-09 September 21, 2009 • 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 South Street, a local street serving the surrounding residential neighborhoods. Vehicular access to the property is provided at three locations along South Street. Off street parking is 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 zoning district 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: Out of City Limits 1950: Out of City Limits 1960: Out of City Limits 1961: Out of City Limits 1962: M1 Limited Manufacturing District 1992: M1 Limited Manufacturing District Present: PGI Planned General Industrial District The property was annexed to the City of Elgin in 1961 as part of the Burnidge Property Addition to Sunset Park annexation. The property was zoned M1 Limited Industrial District until 1992 when it was rezoned to PGI Planned General Industrial District as part of the City wide comprehensive amendment to the Zoning Ordinance. The intent of a plarmed district was to require any future changes to the subject property to be subject to a public hearing process. 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. - 3 - Findings of Fact Planning and Development Commission Petition 15-09 September 21, 2009 • The areas located to the north, east and west of the subject property are zoned RC2 Residence Conservation District, and are improved with single family homes. The area to the south, across Route 20, is zoned PRC Planned Residence Conservation District, and is improved with the Buena Vista apartments complex. 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 at the edge of a neighborhood that has developed primarily with single family homes. G. Planned Development 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 PGI Planned General Industrial District is to provide an alternative planned industrial environment for those industrial uses that do not require the location or • environment of an ORI Zoning District. A PGI zoning district is most similar to, but departs from the standard requirements of the GI zoning district. 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. Planned industrial districts should be located in substantial conformance to the official comprehensive plan. The amount necessary to constitute a separate planned industrial district exclusive of right of way, but including adjoining land or land directly opposite a right of way shall be less than two acres. No departure from the required minimum size of planned development district shall be granted from the city council. 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 PGI Planned Office Research Industrial District. - 4 - Findings of Fact Planning and Development Commission Petition 15-09 September 21, 2009 'district is for the site improvements to the existing • The proposed amendment to a PGI dist p commercial operations yard. No exterior changes to the building are proposed at this time. The existing office and garage building is lawful non-conforming with regard to site design. The proposed amendment to this PGI district will bring these non- conformities into conformance with the zoning ordinance requirements. The proposed planned development will be subject to the specific site plan and landscape plan, as well as the statement of purpose and conformance. The property will be landscaped with materials in excess of what the zoning ordinance requires to provide for an adequate buffer from the adjacent residential uses. Accordingly, the proposed planned development is in substantial conformance with the purpose and intent of the planned development provisions. 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. Findings. The subject property is suitable for the intended zoning district with respect to the Comprehensive Plan Standard. The subject property is designated "Office Research Industrial" in the City's Comprehensive Plan and Design Guidelines dated 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 in close proximity to highways, the freeway system and interchanges. The existing land uses and proposed site improvements are in conformance with this 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 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. - 5 - Findings of Fact Planning and Development Commission Petition 15-09 September 21, 2009 • No evidence has been submitted or found that the proposed planned development will be located, designed, or operated in a manner that will exercise undue detrimental influence on itself or surrounding property. The planned district ordinance is intended to prevent undue detrimental influence on the proposed internal land uses within the subject property and on 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 zoning ordinance. For the purposes of this section, the most similar zoning district is the GI General Industrial District. The applicant is requesting the following departure from the standard requirements of the GI District: A. Section 19.40.335(E)(1)(c) Transition Setback. The GI District requires a minimum building setback of 104 feet for a lot this size from a transition lot line. The existing building is located 43 feet from the east lot line and is lawful non-conforming with regard to site design. B. Section 19.40.335(H)(1) Transition Landscape Yard. The GI District requires a minimum transition landscape yard setback from a transition lot line of 52 feet for a lot this size. The applicant proposes a transition landscape yard setback of 10 feet from the • east lot line. Accordingly, a 42 foot (81%), departure from the minimum required transition landscape yard setback is proposed. C. Section 19.12.600(B) Obstruction in Transition Landscape Yards. The applicant is proposing to locate the new parking lot within the required transition landscape yard along the west and north property lines. The existing vehicle use area is located 3 feet from the east lot line and is lawfully non-conforming with regard to site design. An off- street parking lot is not a permitted obstruction in a transition landscape yard and would need to be identified as a departure. D. Section 19.90.015 Fences And Walls (A)(2) Partially Open Fences within Street Yard. Within a street yard no partially open fence shall exceed four linear feet in height. The applicant is proposing to install a six foot ornamental fence in the street yard along South Street. Accordingly, a 2 foot (50%) departure from the maximum height of a partially open fence in a street yard is proposed. E. Section 19.90.015 Commercial Operations Yard (A) Setbacks. No commercial operation yard shall be located within a required building setback from a transition lot line. A portion of the existing commercial operation yard is located within the required building setback from the transition lot line. • - 6 - Findings of Fact Planning and Development Commission Petition 15-09 September 21, 2009 • SUMMARY OF FINDINGS, UNRESOLVED ISSUES AND ALTERNATIVES The Planning and Development Commission has developed or identified the following findings, unresolved issues and alternatives: A. Summary of Findings Positive Attributes: A six foot high solid wood fence will be installed around the entire perimeter of the commercial operations yard along with landscape materials in excess of what the zoning ordinance requires for an adequate buffer from the adjacent residential uses. The existing chainlink fence along South Street will be removed and a six foot high decorative ornamental fence will be installed. Removing the gravel in the commercial operations yard area, constructing a fully paved surface, and installing an underground storm water detention system will address the drainage and flooding on the subject property. 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 recommends the approval of Petition 15-09. 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 Petitioner's Statement of Purpose and Conformance, submitted with the development application and letters prepared by Scott R. Larson, Architect/Project Manager of Teng & Associates, Inc., dated August 26, 2009, and September 1, 2009. 2. Substantial conformance to Site Plan (Sheet CLI), and Landscape Plans (Sheets L1.0 & L2.0), prepared by Teng & Associates, Inc., last revised date August 27, 2009. J. Employees of AT&T must park on the property within the parking lot not on the street. 4. Compliance with all other applicable codes and ordinances. • Therefore, the motion to recommend approval of Petition 15-09 was adopted. - 7 - i Findings of Fact Planning and Development Commission Petition 15-09 September 21, 2009 • Respectfully Submitted, s/ John Hurlbut John Hurlbut, Chairman Planning and Development Commission s/ Sarosh Saher Sarosh Saher, Secretary Planning and Development Commission • I • - 8 -