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HomeMy WebLinkAboutG7-09 Ordinance No. G7-09 AN ORDINANCE PROHIBITING THE USE OF WATER WELLS WITHIN A DEFINED AREA OF THE CITY IN THE VICINITY OF 901 DUNDEE AVENUE WHEREAS, certain property in the City of Elgin, commonly known as 901 Dundee Avenue, has been used over a period of time as a retail gasoline filling station; and WHEREAS, because of said use, concentrations of certain chemical constituents in the groundwater beneath the property legally described in Exhibit A may exceed Class I groundwater quality standards for potable resource groundwater as set forth in 35 Illinois Administrative Code 620 or Tier 1 residential remediation objectives as set forth in 35 Illinois Administrative Code 742; and WHEREAS, the City of Elgin desires to limit potential threats to human health from groundwater contamination while facilitating the redevelopment and productive use of properties that are the source of chemical constituents; and WHEREAS, the City of Elgin desires to accomplish these goals by prohibiting the use of groundwater as a potable water supply from the real property depicted in the site plan attached to • and incorporated by reference into this ordinance as Exhibit A, an area roughly bounded by Page Avenue on the north, Slade Avenue on the south, 516 Slade Avenue on the east, and Dundee Avenue on the west. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. Definitions. The terms and words used in this ordinance shall be used, interpreted and defined as set forth in this Section: "Person" shall mean any individual, partnership, co-partnership, firm, company, limited liability company, corporation, association, joint stock company, trust, estate, political subdivision, or any other legal entity, or their legal representatives, agents or assigns. "Potable water" shall mean any water used for human or domestic consumption, including, but not limited to, water used for drinking, bathing, swimming, washing dishes, preparing foods, or watering gardens in which produce intended for human consumption is grown. "The property" shall mean that real property depicted in the site plan attached to and incorporated by reference into this ordinance as Exhibit A, an area roughly bounded by Page Avenue on the north, Slade Avenue on the south, 516 Slade Avenue on the east, and Dundee Avenue on the west. • i Section 2. Use of groundwater as a potable water supply prohibited. The use or attempt to use as a potable water supply, groundwater from the property, by the installation or drilling of wells on or at the property or by any other method on or at the property is hereby prohibited. Section 3. Restrictions binding on City. Except for the provisions of Section 4, all restrictions contained in this ordinance shall be binding on the City. Section 4. Penalties. Any person violating the provisions of this section shall be subject to a fine of up to $500.00 for each violation. Section 5. Repealer. All ordinances or parts of ordinances in conflict with this section are hereby repealed insofar as they are in conflict with this section. Section 6. Severability. If any provision of this section or its application to any person or under any circumstances is adjudged invalid, such adjudication shall not affect the validity of the section as a whole or of any portion not adjudged invalid. Section 7. This ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. v Ed Schock, Mayor • Presented: February 11, 2009 Passed: February 11, 2009 Omnibus Vote: Yeas: 5 Nays: 0 Recorded: February 12, 2009 Published: Attest: ell Diane Robertson, City erk • Findings of Fact Zoning and Subdivision Hearing Board Petition 03-09 January 7, 2009 • H. Draft Conditional Use Ordinance see attached • BACKGROUND An application has been filed by Jim Mecha, 1440 Fitness Inc., d/b/a World Gym, requesting a conditional use to permit the establishment of a physical fitness facility in the AB Area Business District. The subject property is located at 264 and 268 South Randall Road(reference Exhibits A, . B, C,D, and E). The applicant is proposing to operate a 24-hour physical fitness facility at the subject property. The proposed facility will occupy 6,700 square feet of vacant tenant space in the Otter Creek Shopping Center. Physical fitness facilities are conditional uses in the AB Area Business zoning district, require a public hearing, and require City Council approval (reference Exhibits F, G, and H.). GENERAL FINDINGS After due notice,as required by law,the Zoning and Subdivision Hearing Board conducted a public hearing in consideration of Petition 03-09 on.January 7, 2009. Testimony was presented at the public hearing in support of the application. No objectors were present. The Community • Development Group submitted a Conditional Use Review dated January 2, 2009. 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: Outside City Limits 1950: Outside City Limits 1960: Outside City Limits 1962: Outside City Limits 1992: B3 Service Business District Present: AB Area Business District ARC Arterial Road Corridor Overlay District The subject property was annexed and zoned B3 Service Business District in 1990 as part of • the Funk Sunderland Annexation. The property was later subdivided as part of the Darlene • McDermott Subdivision. The subject property was rezoned to AB Area Business District as part of the comprehensive amendment to the zoning ordinance in 1992. 2 January 7, 2009 FINDINGS OF FACT Zoning and Subdivision Hearing Board City of Elgin, Illinois SUBJECT Consideration of Petition 03-09 Requesting a Conditional Use in the AB Area Business District,to Permit the Establishment of a Physical Fitness Facility; Property Located at 264 and 268 South Randall Road,by Jim Mecha, 1440 Fitness Inc., d/b/a World Gym, as Applicant and Otter Creek, L.L.C., as Owner. GENERAL INFORMATION Requested Action: Conditional Use Approval Current Zoning: AB Area Business District Existing Use: Vacant Commercial Tenant Space Property Location: 264 and 268 South Randall Road Applicant:ant. Jim Mecha 1440 Fitness In c., d/b/a World Gym Owner: Otter Creek, L.L.C. Staff Coordinator: Sarosh Saher, 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 Photo (see attached) F. Site Photos (see attached) G. Statement of Purpose and Conformance (see attached) i Findings of Fact Zoning and Subdivision Bearing Board • Petition 03-09 January 7, 2009 B. Surrounding Lf nd Use and Zoning Standard. The suitability of the subject property for the intended con(itional use with respect to consistency and compatibility with surrounding land use and zoning. Findings. The si Lbject property maybe suitable for the intended conditional use with respect to consistency ar d compatibility with surrounding land use and zoning. The areas to the forth, south and east of the subject property are zoned AB Area Business District. These g reas are developed with commercial service,business and retail uses. The area to the ,vest is zoned PSFR2 Planned Single Family Residence and is currently undeveloped. C. Trend of Development Standard. The suitability of the subject property for the intended conditional use v►ith respect to its consistency with an existing pattern of development or an identifiable tren(.of development in the area. Findings:The si ibject property is suitable for the intended conditional use with respect to the trend of develop.nent standard. • The subject property is located within a commercial area that offers business, personal services and reta.1 uses. The proposed use is in keeping with the trend of existing land uses in the area. D. Zoning District Standard. The suitability of the subject property for the intended conditional use v dth respect to the length of time the property has remained undeveloped or unused in its cur-ent zoning district. Findings. The subject property is suitable for the intended conditional use with respect to the length of tin a the property has remained undeveloped or unused in its current zoning district. The purpose of he AB Area Business district is to provide commodities and services to several neighbor hoods, 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 CC1 center city district. The proposed bi siness will provide for a physical fitness facility to the surrounding area. The facility is pr)posed to remain open 24 hours a day, and will provide areas for clients to exercise and woi k out. Showers and locker rooms will be provided on the premises. 3 Findings of Fact Zoning and Subdivision Hearing Board Petition 03-09 January 7, 2009 • STANDARDS FOR CONDITIONAL USES The Zoning and Subdivision Hearing Board has made the following findings concerning the standards for conditional uses: A. 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. Findings. The subject property is suitable for the intended conditional use with respect to the site characteristics standard. The subject property is comprised of a 21 acre commercial subdivision commonly known as Otter Creek Shopping Center. The shopping center is developed with commercial buildings and off-street parking. The proposed 6,700 square foot physical fitness establishment will occupy two vacant tenant spaces within the existing commercial building. B. 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 facilities. C. 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 tenant space is located within a shopping center bounded by South Randall Road to the east and U.S. Rt. 20 and Weld Road to the north. Both Randall Road and U.S. Rt. 20 are limited access regional arterials that serve southwestern Elgin and the surrounding region. Weld Road is a local road serving the subject property and the commercial and residential properties to the west. Access to the subject property is limited to South Randall Road and Weld Road. Off street parking will be provided in conformance with the off street parking ordinance. • D. 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 4 Findings of Fact Zoning and Subdivision Hearing Board Petition 03-09 January 7, 2009 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 maybe suitable for the intended conditional use with respect to consistency and compatibility with surrounding land use and zoning. The areas to the north, south and east of the subject property are zoned AB Area Business District. These areas are developed with commercial service, business and retail uses. The area to the west is zoned PSFR2 Planned Single Family Residence and is currently undeveloped. 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. AMh The subject property is located within a commercial area that offers business, personal services and retail uses. The proposed use is in keeping with the trend of existing land uses in the area. 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 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. The proposed business will provide for a physical fitness facility to the surrounding area. The facility is proposed to remain open 24 hours a day, and will provide areas for clients to exercise and work out. Showers and locker rooms will be provided on the premises. 3 'on Hearing Board Findings of Fact Zoning and Subdmsi ring Petition 03-09 January 7, 2009 official comprehi:nsive plan. Findings. The si ibject property is suitable for the intended conditional use with respect to the Comprehensive Plan Standard. The subject prof wrty is designated as "Community Mixed-Use Center" by the City's Comprehensive ''Ian and Design Guidelines dated 2005. Areas designated Community Mixed-Use Cents:r typically provide focus, identity, and convenient goods and services,as well as some eml loyment,for a number of surrounding neighborhoods in a larger trade area. The ideal comir unity mixed use center should be between 30-100 acres of commercial, office,entertainn Lent,medium density residential,and institutional uses accessed by arterial streets and tram it service. The center would have parcels and buildings scaled to pedestrians, sma it enough to encourage parking once and walking to more than one destination. Off street parking is shared and on-street parking helps to contribute to the intimate scale of well functioning pedestrian environments. Parking located between and behind buildings permits people too walk more safely and comfortably between uses that front sidewalks i ather than large parking lots. Seating and shade along pedestrian routes promotes walkin;and informal gathering. E. Location,Desigi i,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 purl ose and intent of this title and chapter. Findings. The si tbject property is suitable for the intended conditional use with respect to it being located,de iigned,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 opei ated in a manner that will exercise undue detrimental influence on itself or surrounding prof erty. SUMMARY OF FIND:[NGS,UNRESOLVED ISSUES,AND ALTERNATIVES The Zoning and Subdivision Hearing Board has developed or identified the following findings, unresolved issues, and a tematives: A. Summary of Fir dings. Positive Attribut?s: Approval of the requested conditional use to establish the proposed physical fitness f icility at 264 and 268 South Randall Road will allow the applicant to offer physical fitness services to the residents in the surrounding neighborhoods. • 5 Findings of Fact Zoning and Subdivision Hearing Board Petition 03-09 January 7,2009 • 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 03-09. On a motion to recommend approval of the conditional use, subject to the following conditions,the vote was five(5)yes and zero (0)no: 1. Substantial conformance with the Statement of Purpose and Conformance and attachments, submitted by Jim Mecha of 1440 Fitness, inc., and d/b/a World Gym, dated received December 10, 2008 and last revised December 19, 2008. 2. All graphics must meet the requirements of Chapter 19.50 Street Graphics of the Elgin • • Municipal Code. 3. Compliance with all applicable codes and ordinances. Therefore, the motion to recommend approval of Petition 03-09 was adopted. Respectfully Submitted, s/ Daniel Weiler Daniel Weiler, Chairman Pro Tern Zoning and Subdivision Hearing Board s/ Sarosh Saher Sarosh Saher, Secretary Zoning and Subdivision Hearing Board 6 Findings of Fact Zoning and Subdivision Hearing Board Petition 03-09 January 7, 2009 ® 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 designated as "Community Mixed-Use Center" by the City's Comprehensive Plan and Design Guidelines dated 2005. Areas designated Community Mixed-Use Center typically provide focus, identity, and convenient goods and services, as well as some employment,for a number of surrounding neighborhoods in a larger trade area. The ideal community mixed use center should be between 30-100 acres of commercial, office,entertainment,medium density residential,and institutional uses accessed by arterial streets and transit service. The center would have parcels and buildings scaled to pedestrians, small enough to encourage parking once and walking to more than one destination. Off-street parking is shared and on-street parking helps to contribute to the intimate scale of well functioning pedestrian environments. Parking located between and behind buildings permits people too walk more safely and comfortably between uses that front sidewalks rather than large parking lots: Seating and shade along pedestrian routes promotes walking and informal gathering. E. 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: Approval of the requested conditional use to establish the proposed physical fitness facility at 264 and 268 South Randall Road will allow the applicant to offer physical fitness services to the residents in the surrounding neighborhoods. 5