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HomeMy WebLinkAboutG1-10 (2) Ordinance No. G1-10 AN ORDINANCE RECLASSIFYING CERTAIN TERRITORY FROM RC3 RESIDENCE CONSERVATION DISTRICT TO AB AREA BUSINESS DISTRICT AND GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT (401 Summit Street, 455 & 459 North Gifford Street) WHEREAS, written application has been made requesting a map amendment from RC3 Residence Conservation District to AB Area Business District and a conditional use for a planned development at 401 Summit Street, 455 & 459 North Gifford Street; 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 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 November 16, 2009, made by the Planning and Development, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That Chapter 19.07, Section 19.07.600 entitled "Zoning District Map" of the Elgin Municipal Code, 1976, as amended, be and the same is hereby further amended by adding thereto the following paragraph: The boundaries herein before laid out in the `Zoning District Map', as amended, be and are hereby altered by including in the AB Area Business District, the following described property: Parcel 2 Lot 9 in T. Schoonhoven's Addition to Elgin, being a Subdivision of the Southeast Quarter and the Southwest Quarter of Section 12, Township 41 North, Range 8, East of the Third Principal Meridian, according to the Plat thereof filed in the Recorder's Office on January 18, 1858 in Book 1 of Plats, Page 86, in Kane County, Illinois (Property Commonly known as 455 North Gifford Street) Section 3. That a conditional use for a planned development which will allow for the construction of a parking lot at 401 Summit Street, 455 & 459 North Gifford Street and legally �r�► described as follows: Parcel 1 rLot 10, Lot 11, Lot 12 (except the East 19 feet of the North half thereof), Lot 13 (except the East 19 feet thereof), and that Part of Lot 14 Lying South of the South Right-of-Way Line of Illinois Route 58 (except the East 19 feet thereof), all in T. Schoonhoven's Addition to Elgin, being a Subdivision of the Southeast Quarter and the Southwest Quarter Of Section 12, Township 41 North, Range 8, East of the Third Principal Meridian, according to the Plat thereof filed in the Recorder's Office on January 18, 1858 in Book 1 of Plats, Page 86, in Kane County, Illinois (Property Commonly known as 401 Summit Street and 459 North Gifford Street). Parcel 2 Lot 9 in T. Schoonhoven's Addition to Elgin, being a Subdivision of the Southeast Quarter and the Southwest Quarter of Section 12, Township 41 North, Range 8, East of the Third Principal Meridian, according to the Plat thereof filed in the Recorder's Office on January 18, 1858 in Book 1 of Plats, Page 86, in Kane County, Illinois (Property Commonly known as 455 North Gifford Street) be and is hereby granted subject to the following conditions: 1. Substantial conformance to the Statement of Purpose and Conformance prepared by Applied Engineering Services, Ltd., and dated September 24, 2009. 2. Substantial conformance to the Proposed Site Plan with Roundabout and Landscape Planting Plan, prepared by Applied Engineering Services, Ltd., dated September 24, 2009 and last revised on October 23, 2009. 3. All proposed changes to the existing signage shall conform to the Zoning Ordinance, Chapter 19.50 Street Graphics. 4. Compliance with all applicable codes and ordinances. Section 4. That the conditional use granted herein shall expire if not established within one year from the date of passage of this ordinance. Section 5. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. ___, /,,,,c... /14,,,___ Ed Schock,Mayor r il Presented: January 13, 2010 a Fr �`� ,}- . , rPassed: January 13, 2010 =� +' , , Omnibus Vote: Yeas: 7 Nays: 0 : '�/\ , Recorded: January 14, 2010 rf .• ,�, Published: , Attest: ---...1/4.-0.-:,.. ..c)k,"-e_4.. ---- Diane Robertson, City C erk r r November 16, 2009 FINDINGS OF FACT Planning and Development Commission City of Elgin,Illinois SUBJECT Consideration of Petition 26-09 Requesting a Map Amendment from RC3 Residence Conservation District to AB Area Business District, with a Conditional Use for a Planned Development to Permit the Expansion of a Parking Lot; Property Located at 401 Summit Street, 455 and 459 North Gifford Street, by Bear and Sons No. 2, LLC, as Applicant, and by McDonald's USA LLC, Chicago Title Land Trust Company, Trust No. 498, dated January 28, 1971, and Jesus Ocampo, as Owners. GENERAL INFORMATION Requested Action: Map Amendment and Conditional Use for a Planned Development Current Zoning: RC3 Residence Conservation District AB Area Business District Existing Use: Fast Food Restaurant, Parking Lot and Single Family Residence Proposed Use: Fast Food Restaurant and Parking Lot Property Location: 401 Summit Street, 455 and 459 North Gifford Street Applicant: Bear and Sons No. 2, LLC Owners: McDonald's USA LLC, Chicago Title Land Trust Company, Trust No. 498, dated January 28, 1971, and Jesus Ocampo 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 Photo (see attached) Exhibit A Findings of Fact Planning and Development Commission Petition 26-09 November 16, 2009 r E. Environmental Map (see attached) F. Site Photos (see attached) G. Development Application (see attached) H. Draft Conditional Use Ordinance (see attached) I. Related Correspondence (see attached) BACKGROUND An application has been filed by Bear and Sons No. 2, LLC, requesting a map amendment from RC3 Residence Conservation District to AB Area Business District, with a conditional use for a planned development, to permit the expansion of a parking lot. The property is located at 401 Summit Street, 455 and 459 North Gifford Street (reference Exhibits A, B, C, D, E, and F). The applicant is proposing to expand the existing parking lot of the fast food restaurant onto the property to the south. The expansion is proposed to compensate for the loss of parking spaces along the northerly end due to the City's acquisition of a portion of the subject property to construct a new traffic roundabout at Summit Street and Dundee Avenue. The property to the south is currently zoned RC3 Residence Conservation District and is improved with a single family residence. The applicant proposes to demolish the structures on the property to accommodate the expansion of the parking lot and is therefore requesting a map amendment to AB Area Business District. The applicant is additionally requesting a conditional use for a planned development in the AB Area Business District to allow for certain departures from the zoning ordinance to construct the parking lot (reference Exhibits G, H, and I). The purpose of the provisions which permit a planned development as a conditional use is to provide an element of flexibility in the zoning ordinance. This element of flexibility allows a relatively small property to be granted departures from the standard requirements of the zoning ordinance without meeting the two acre minimum for a planned business district. Accordingly, each request made under these provisions should be very cautiously reviewed and considered with respect to the standards for planned developments. GENERAL FINDINGS After due notice, as required by law, the Planning and Development Commission held a public hearing in consideration of Petition 26-09 on November 16, 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 November 11, 2009. - 2 - Findings of Fact Planning and Development Commission Petition 26-09 November 16, 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 conditional use for a planned development 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. The subject properties are comprised of three rectangular shaped lots of record containing approximately one acre in area. The subject property has street yards along three streets including Summit, Gifford and Freemont. The northerly two parcels are improved with a one-story brick commercial building, containing 3,659 square feet of floor area; two drive-thru lanes; and a paved parking lot. The southerly parcel is improved with a one and half story single family residence, and paved and gravel vehicular use areas. There is a significant grade change between the existing parking lot and the single family residence. There are no significant natural features on the site. Topography on the site varies from a high point of 790 feet at the grade of the foundation of the single family house to a low point of 780 feet at the grade of the foundation of the restaurant for a maximum relief of 10 feet. B. Sewer and Water Standard: The suitability of the subject property for the intended conditional use for a planned development 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 properties are served with municipal water and sanitary sewer. C. Traffic and Parking Standard: The suitability of the subject property for the intended conditional use for a planned development 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 properties are located on the south side of Summit Street, north of Freemont Street, and east of Gifford Street. Summit Street is an arterial road east of Dundee Avenue, and a collector road west of Dundee Avenue, serving the east side of Elgin. � / ► Fremont and Gifford streets are local streets serving the adjoining residential F neighborhoods. - 3 - Findings of Fact Planning and Development Commission Petition 26-09 November 16, 2009 r The subject properties will have two full points of access, one of Summit Street and one of Gifford Street. The curb cut along Freemont Street will be eliminated. The existing access to Gifford Street will be relocated to the southerly end of the zoning lot this eliminating any conflict with the approach lanes of the proposed roundabout. No increase in the floor area of the restaurant is currently being proposed. Therefore, the parking demand is not being increased. The proposed parking lot expansion is to compensate for the loss of parking spaces along the northerly end of the McDonald's restaurant, due to the City's acquisition of a portion of the subject property to construct a new traffic roundabout at the corner of Summit Street and Dundee Avenue. D. Zoning History Standard: The suitability of the subject property 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. 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. The subject properties were zoned as follows for the years listed: elk year 401 Summit 459 N Gifford 455 N Gifford 1927 B Residential B Residential B Residential 1950 B Residential B Residential B Residential 1960 C Residential/ C Residential/ C Residential/ E Commercial E Commercial E Commercial 1961 E Commercial E Commercial E Commercial 1962 B3 Service R5 General R5 General Business Residence Residence 1992 B3 Service R4 General R4 General Business Residence Residence present AB Area RC3 Residence RC3 Residence Business Conservation Conservation The subject properties were zoned for residential from 1927 until 1960. The McDonald's restaurant was established at the subject property in 1958. The residence located at 455 N. Gifford Street was built in 1890. In 1992, the subject properties were rezoned to AB Area Business District and RC3 Residence Conservation District as part of the City-wide comprehensive amendment to the Zoning Ordinance. 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 elk surrounding land use and zoning. - 4 - Findings of Fact Planning and Development Commission Petition 26-09 November 16, 2009 Findings. The subject property is suitable for the intended zoning district with respect to consistency and compatibility with surrounding land use and zoning. The properties to the north, northeast, and west are zoned AB Area Business District and are developed with commercial uses. The properties to the south and southeast are zoned RC3 Residence Conservation and are developed with residential uses. F. Trend of Development Standard: The suitability of the subject property for the intended conditional use for a 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 planned development with respect to the trend of development standard. The areas along Summit and Gifford Streets have developed with a mix of commercial uses. The area along Freemont has developed primarily as an older established residential neighborhood. G. Conditional Use for a Planned Development Standard: 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 are 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. 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. Due to the City's acquisition of a portion of the subject property to construct a new traffic roundabout at the corner of Summit Street and Dundee Avenue, the applicant is requesting the proposed rezoning for the proposed expansion of the parking lot to - 5 - Findings of Fact Planning and Development Commission Petition 26-09 November 16, 2009 r compensate for the loss of parking spaces along the northerly end of the McDonald's restaurant. This can be achieved only through the rezoning and the granting of departures through the planned development process. The applicants will provide extraordinary landscaping and fencing to mitigate the granting of the departures. The applicant proposes to screen the parking lot expansion from Freemont Street and the adjoining residential lots with a 6 foot high solid fence and landscaping. The existing access to Gifford Street will be relocated to the southerly end of the zoning lot this eliminating any conflict with the approach lanes of the proposed roundabout. H. Comprehensive Plan Standard: The suitability of the subject property for the intended conditional use for a planned development 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 "Highway Commercial" by the City of Elgin's Comprehensive Plan and Design Guidelines dated 2005. Areas designated Highway Commercial typically serve surrounding neighborhoods 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 center. In addition, they typically include highway serving uses such as fast food restaurants, auto oriented uses such as tire stores, service stations, auto parts stores, and other stand alone retail uses. These commercial areas are generally auto dominated with few pedestrian amenities. The proposed development is in conformance with this designation. Natural Preservation Standard: The suitability of the subject property for the intended conditional use for a 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 for a planned development with regard to the natural preservation standard. There are no significant natural features on the subject property. J. Internal Land Use Standard: The suitability of the subject property for the intended conditional use for a 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 conditional use for a planned development with regard to the internal land use standard. - 6 - Findings of Fact Planning and Development Commission rik Petition 26-09 November 16, 2009 No evidence has been submitted or found that the proposed map amendment and conditional use for a planned development will be located, designed, or operated in a manner that will exercise 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. The applicant is requesting the following departure from the standard requirements of the AB District: 1. Section 19.30.435 (E.2.a) Vehicle Use Area Street Setback. The AB Area Business District requires a minimum 8 foot vehicle use area setback from a street lot line. The applicant is proposing a 0 foot setback along Gifford Street to keep in line with the existing parking spaces. Accordingly, a 100% departure from the minimum required vehicle use area setback from a street is proposed. 2. Section 19.35.435 (E.2.b) Vehicle Use Area Interior Setback. The AB Area Business District requires a minimum 6 foot setback from an interior lot line. The existing parking spaces along the east side for the property are currently setback 3 feet from the interior lot line. Accordingly, a 50% departure from the minimum required vehicle use area setback from an interior lot line is requested. 3. Section 19.35.435 (11.2) Transition Landscape Yard. The AB Area Business District requires a minimum transition landscape yard setback from a transition lot line of 25 feet. The applicant is proposing a 4 feet setback for the vehicle use areas located along the interior lot line adjacent to the residence district located to the east. Accordingly, an 84% departure from the minimum required transition landscape yard setback is requested. 4. Section 19.12.400 (A) Average Setbacks. The AB Area Business District requires an average vehicle use area setback from a street lot line of 9.4 feet. The applicant is proposing an 8.3 feet average vehicle use area setback from the street lot line along Freemont Street. Accordingly, 12% departure from the average vehicle use area setback from a street lot line is requested. 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: Due to the City's acquisition of a portion of the subject property to construct a new traffic roundabout at the corner of Summit Street and Dundee Avenue, - 7 - Findings of Fact Planning and Development Commission Petition 26-09 November 16, 2009 r the applicant is requesting the proposed rezoning for the proposed expansion of the parking lot to compensate for the loss of parking spaces along the northerly end of the McDonald's restaurant. This can be achieved only through the rezoning and the granting of departures through the planned development process. The applicants will provide extraordinary landscaping and fencing to mitigate the granting of the departures. The applicant proposes to screen the parking lot expansion from Freemont Street and the adjoining residential lots with a 6 foot high solid fence and landscaping. The existing access to Gifford Street will be relocated to the southerly end of the zoning lot this eliminating any conflict with the approach lanes of the proposed roundabout. 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. r RECOMMENDATION The Planning and Development Commission recommends the approval of Petition 26-09. On a motion to recommend approval, subject to the following conditions, the vote was six (6) yes, and zero (0)no. 1. Substantial conformance to the Statement of Purpose and Conformance prepared by Applied Engineering Services, Ltd., and dated September 24, 2009. 2. Substantial conformance to the Proposed Site Plan with Roundabout and Landscape Planting Plan, prepared by Applied Engineering Services, Ltd., dated September 24, 2009 and last revised on October 23, 2009. 3. All proposed changes to the existing signage shall conform to the Zoning Ordinance, Chapter 19.50 Street Graphics. 4. Compliance with all applicable codes and ordinances. Therefore, the motion to recommend approval of Petition 26-09 was adopted. r - 8 - Findings of Fact Planning and Development Commission Petition 26-09 November 16, 2009 r Respectfully Submitted, s/ Robert Siljestrom Robert Siljestrom, Chairman Planning and Development Commission s/ Sarosh Saher Sarosh Saher, Secretary Planning and Development Commission r r - 9 -