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HomeMy WebLinkAboutG35-13 Ordinance No. G35-13 AN ORDINANCE AMENDING PNB PLANNED NEIGHBORHOOD BUSINESS DISTRICT ORDINANCE NO. G21-98 (800—900 South McLean Boulevard) WHEREAS, the territory herein described has been classified in the PNB Planned Neighborhood Business District under Ordinance No. G21-98; and WHEREAS, written application has been made to amend PNB Planned Neighborhood Business District Ordinance No. G21-98, to permit the installation of a above ground propane tank in the street yard of the subject property, located at 826 South McLean Boulevard; and WHEREAS, after due notice in the manner provided by law, the Planning and Zoning Commission conducted a public hearing concerning said application and has submitted its written findings and recommendations; and WHEREAS, the Community Development Department has additionally submitted its proposed written recommendation and finding of fact on the proposed planned development dated July 1, 2013; and WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Community Development Department. 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 July 1, 2013, made by the Community Development Department, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That Ordinance No. G21-98 entitled "An Ordinance Reclassifying Property in the PNB Planned Neighborhood Business District," passed March 25, 1998, be and is hereby amended only as set forth in this ordinance as follows: That Section 21 of Ordinance G21-98 entitled "Site Design," is hereby amended by adding a new subparagraph 3 thereto to read as follows: "3. An alternative fueling station including the associated above-ground storage tanks and their component parts is an allowable obstruction in the street yard subject to the following conditions: 1. Substantial conformance with the Development Application, Statement of Purpose, and attachments, prepared by Steve Wright of Bunge's Tire & Auto, dated received June 8, 2013. In the event of any conflict between such Statement of Purpose and Conformance and this ordinance or other applicable city ordinances, this ordinance or other applicable city ordinances shall supersede and control. 2. Substantial conformance with the propane tank photographic examples prepared by Steve Wright of Bunge's Tire & Auto, dated received June 13, 2013. 3. Substantial conformance with the site plan, elevation, and perspective drawings prepared by Steve Wright of Bunge's Tire & Auto, dated received June 13, 2013. 4. Gasoline and other like products, such as ethanol, shall not be dispensed to the general public from the subject property. 5. The alternative fueling station shall remain subordinate to the principal use of an automotive service and repair shop, and said station shall be operated and maintained under the same single ownership as the automotive service and repair shop. 6. The applicant or property owner shall remove the fueling station, including the screening wall, and restore four parking spaces should either of the following occur: a. Propane is not available to the general public from the fueling station for more than 45 consecutive days; or b. The automotive service and repair shop does not operate or is otherwise closed to the general public for 12 consecutive months. During such periods of inactivity, the property owner shall be required to secure the alternative fueling station in a manner prescribed by the Elgin Fire Department. Any subsequent operator of the automotive service and repair shop shall operate and maintain the alternative fueling station in substantial conformance with all documents which are made conditions of approval of this Petition 21-13. 7. Compliance with all applicable codes and ordinances." Section 3. That except as amended herein the use and development of the Subject Property shall be controlled pursuant to the provisions of Ordinance No. G21-98. In the event of any conflict between this ordinance, which expressly includes those documents detailed within Section 2 and the allowances and departures described and provided thereon, this ordinance and associated documents shall control and prevail. Section 4. That this ordinance shall be full force and effect immediately after its passage in the manner provided by law. David J. Kap in, N41iyor Presented: August 28, 2013 Passed: August 28, 2013 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: August 28, 2013 Published: August 30, 2013 Attest: Kimberly ,Dewis City tlerk " 0 July 1, 2013 PLANNING AND ZONING COMMISSION RECOMMENDATION AND FINDINGS OF FACT Department Community Development OVERVIEW Bunge's Tire & Auto requests an Amendment to Planned Development Ordinance G21-98 to permit the Installation of an Above Ground Propane Tank, Property Located at 826 South McLean Boulevard. GENERAL INFORMATION Petition Number 21-13 Recommendation: APPROVE, subject to conditions outlined at the conclusion of this Report (See Recommendation Detail) Applicant: Bunge's Tire & Auto History: After due notice as required by law, the Planning & Zoning Commission held a public hearing and considered Petition 21-13 o on July 1, 2013. The applicant submitted a Statement of Purpose & Conformance dated received June 8, 2013 and testified at the public hearing. Staff Coordinator: Dave Waden. Senior Planner List of Exhibits: A. Aerial/Location Map B. Zoning ap C. Parcel Map D. Site Photos E. Development Application and Attachments F. Draft PNB Ordinance G. Related Correspondence BACKGROUND & PROJECT DETAIL Bunge's Tire & Auto is requesting approval of an Amendment to Planned Development Ordinance G21-98 to install an above ground propane tank located at 826 South Mc Lean Exhibit A Recommendation & Findings of Fact Planning & Zoning Commission Petition 21-13 July 1, 2013 Boulevard. The above ground propane tank and component parts located within the street yard of the subject property. The tank would be installed within four parking stalls that are located between the two access points off Torrey Pines Drive (See site plan within this packet for location). The applicant has identified that there is a need for alternative fuels to power vehicles and wants to lead the region in vehicle conversions to propane as an alternate fuel source. The applicant proposes to install an eight-foot brick wall with limestone cap on three sides, which will match the existing building materials. The fourth side facing the surface parking lot will be restricted by concrete pillars/bollards. The proposed enclosure would be approximately 15 feet from the public sidewalk and approximately 30 feet from Torrey Pines Drive. Currently, there are existing shrubs and trees located within the vehicle use area, but the applicant will add additional shrubs, evergreens and other landscape materials to soften the look of the wall from the public street. The hours of operation for the tire and auto repair are 7:30 am to 6:00 pm Monday through Friday and 7:30 am to noon on Saturday. The applicant expects refueling of propane to occur during normal hours of operation. FINDINGS OF FACT The Planning & Zoning Commission reviewed the proposal with respect to its location, design, and operation on July 1, 2013 and found that it did meet the standards for Planned Development pursuant to Chapter 19.60 of the zoning ordinance, as set forth below. 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 amendment to the zoning district with respect to the site characteristics standard. The subject property is a 4.47-acre rectangular shaped parcel. The site is improved with a freestanding commercial building and a surface parking lot that surrounds the building.. Bunge's Tire & Auto is located at the south end of the building facing Torrey Pines Drive and McLean Boulevard. The proposed above ground propane tank would not affect the suitability of the subject property for the intended zoning district because the applicant does not propose to alter its size, shape, natural features, or existing improvements. 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 amendment to the zoning district with 2 Recommendation & Findings of Fact Planning & Zoning Commission Petition 21-13 July 1, 2013 respect to the sewer and water standard. The proposed above ground propane tank would not affect the availability of public utilities to the subject property because the applicant does not propose to alter said utilities. The subject property is served with municipal water and sanitary sewer systems, and the stormwater facilities are in conformance with the standards and regulations of the City of Elgin and Kane County Stormwater Management Ordinances. 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 amendment to the zoning district with respect to the traffic and parking standard. The subject property is bounded by three street frontages, McLean Boulevard, College Green Drive, and Torrey Pines Drive. McLean Boulevard, which is located on the west side of the subject property, is classified as an arterial street serving the west side of Elgin. College Green Drive is located on the north side of the subject property and is classified as a local street serving the nearby residents. Torrey Pines Drive is located on the south side of the subject property and is classified as a local street serving the nearby residents. The applicant has stated that during peak demand hours he utilizes approximately 20 parking stalls for customers. 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 amendment to the 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 annexed to the City of Elgin in 1970 as part of the Rossiter's Property annexation and was zoned B1 Retail Business District and in 1992, the property was reclassified to PNB Planned Neighborhood Business District as part of a comprehensive amendment to the zoning ordinance. Bunge's Tire & Auto has been doing business in Elgin since 1919 and has been at their current location since 1999. 3 Recommendation & Findings of Fact Planning & Zoning Commission Petition 21-13 July 1, 2013 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 amendment to the zoning district with respect to consistency and compatibility with surrounding land use and zoning. The area to the north of the subject property is zoned PNB Planned Neighborhood Business District and is developed with a freestanding commercial building with a surface parking lot. The area to the south of the subject property is zoned NB Neighborhood Business District and is currently developed with a vacant commercial building and surface parking lot. The area to the east of the subject property is zoned ORI Office Research Industrial and is developed with a mobile home park and PORI Planned Office Research Industrial and is developed with offices. The area to the west of the subject property is zoned RC1 Residence Conservation District and is developed with single-family homes. 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 amendment to the zoning district with respect to consistency with an existing pattern of development or an identifiable trend within the area. The subject property is located in a section of the South McLean Boulevard corridor, which has developed with, commercial, retail, residential and business uses. 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 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 a NB zoning district is limited by the applicable site design regulations due to its function and resulting close proximity to residences. 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 overlay district is a zoning overlay district, and 4 Recommendation & Findings of Fact Planning & Zoning Commission Petition 21-13 July 1, 2013 accordingly, the property located within the district shall be subject to the regulations of the underlying zoning district in which it is located. 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: 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 area business districts should be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate planned business district exclusive of right of way, but including adjoining land or land directly opposite a right of way shall not 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 amendment to the zoning district with respect to conformance to the provision for the purpose and intent and the location and size of a PAB Planned Area Business District. The applicant is proposing to use quality exterior building materials such as brick with a limestone cap, to screen the view of the tank from the public street and is proposing substantial landscape screening of the proposed wall. This proposal represents a creative "green initiative", and goes hand-in-hand with the city's approval of the Sustainable Action Plan becoming a more sustainable and eco-friendly city. 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 amendment to the zoning district with respect to the Comprehensive Plan Standard. The subject property is designated "Neighborhood Mixed Use" in the City's Comprehensive Plan and Design Guidelines dated 2005. Areas designated Neighborhood Mixed Use provides Neighborhood Mixed-Use Centers are designed to 5 Recommendation & Findings of Fact Planning & Zoning Commission Petition 21-13 July 1, 2013 meet the daily "convenience" goods and service needs of residents in immediately adjacent neighborhoods. There size would not generally exceed 10 to 30 acres, and would include a mix of small scale retail/service uses, a neighborhood park, and possibly an institutional use such as a church or elementary school. Access is generally from local and collector streets. Too numerous to indicate on the Land Use Plan Map (except for existing locations), neighborhood mixed-use centers should be specifically located and mapped in the course of more focused planning efforts and development review. The proposed land use is in keeping with the objectives and policies of the "Neighborhood Mixed Use" comprehensive plan 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 amendment to the 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 amendment to the planned development with respect to the internal land use standard. 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. DEPARTURES FROM THE REQUIREMENTS OF THE ZONING ORDINANCE 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 NB Neighborhood Business District: The applicant is requesting the following departures from the requirements of Ordinance G21-98 entitled "An Ordinance Reclassifying Property in the PNB Planned Neighborhood Business District (800-900 South McLean Boulevard)": 6 Recommendation & Findings of Fact Planning & Zoning Commission Petition 21-13 July 1, 2013 A. Section 19.12.600: D. Obstructions in Street Yard. Above ground storage tanks and their component, parts are considered an obstruction in the street yard. Above ground storage tanks located within commercial operations, yards are allowed only in the side and rear yards. The applicant is proposing to locate the said items within four existing parking stalls that are situated between the two access points off Torrey Pines Drive. As mitigation for the requested departure, the applicant is proposing to install a three-sided masonry enclosure. The enclosure would be an eight-foot high brick wall with limestone cap. The applicant will also add additional landscaping along two sides of the enclosure to minimize the impact of the enclosure from the public street. The fourth side facing the surface parking lot would be restricted by concrete pillars/bollards. B. Section 19.60 Fences and Walls A. 1. Solid fences and walls within a street yard cannot exceed three linear feet in structure height. Six-foot solid fences and walls are only allowed in the side and rear yards. Due to the location of the proposed above ground storage tank and component parts it has been deemed that an eight-foot brick wall is acceptable with appropriate landscaping. The brick wall will be approximately 15 feet away from the sidewalk and 30 feet from Torrey Pines Drive. C. Section 19.45.080 Table of Required Parking. Automotive service and repair shops require 2 stalls per service bay and 1 stall per employee. Per the zoning ordinance, the applicant is required to have 28 parking stalls. The applicant needs an additional 4 parking stalls for the installation of the above ground propane tank thus, 32 stalls are needed. The applicant is not proposing to replace the additional spaces needed and is requesting a departure of 4 parking stalls in order to install the above ground tank, screening wall and landscaping. RECOMMENDATION DETAIL By a vote of three (3) yes, one (1) no, the Planning & Zoning Commission recommends approval of Petition 21-13, subject to the following conditions: 1. Substantial conformance with the Development Application, Statement of Purpose, and attachments, prepared by Steve Wright of Bunge's Tire & Auto, dated received June 8, 2013. 2. Substantial conformance with the propane tank photographic examples prepared by Steve Wright of Bunge's Tire & Auto, dated received June 13, 2013. 3. Substantial conformance with site plan, elevation, and perspective drawings prepared by, Steve Wright of Bunge's Tire & Auto, dated received June 18, 2013 4. Compliance with all applicable codes and ordinances. Therefore, the motion to recommend approval of Petition 2 1-1 3 was adopted. 7 Recommendation & Findings of Fact Planning & Zoning Commission Petition 21-13 July 1, 2013 s/ Bob SilLestrom Bob Siljestrom, Chairman Planning & Zoning Commission s/ Sarosh Saher Sarosh Saher, Secretary Planning & Zoning Commission 8 ...:� - -{ .��•f`� �1.#.�.• � --- T I , " •x ,� _ '. '` s. ;;0� °.��l��r _ f• z�� G�;1` .1111{1 It I 1�11(IIJ y-IR►;i 17 t \ -. 111 Iz- k �6f\ .�' r` _ � p .ice• "7 1'I'�,�j'.�.a / rA* �a 1 {' •t ��\f� 1 ` tt•. ..a#^- - "" t.�.; t - ._ q f 1 C� - .; `,i��.1.tZita,. _s.�.���$ � � ,. � -shy.•--�t"— PRC `�� Sports Way t PC� r � _ tr C� Subject Property =1 Petition 21-13 Legend t N OResidence Conservation 1 QResidence Conservation 2 Q Residence Conservation 3 t, QPlanned Residence Conservation � �R Single Family Residence 1 N E QSingle Family Residence 2 O:RI �z4 Q Planned Single Family Residence 2 <. ._ OTwo Family Residence : i. O Multiple Family Residence �'- QPlanned Multiple Family Residence - - - z 1 - O Residence Business � .;� ` OPlanned Residential Business ONeighborhood Business -� OPlanned Neighborhood Business ®Area Business ®Planned Area Business -Center City 1 Z Center City 2 �$r -Planned Center City - _ - OOffice Research Industrial -- OPlanned Office Research Industrial LLU ©General Industrial ® - MPlanned General Industrial MW Commercial Industrial ® - �= Planned Community Facility ��P ORIE Q Community Facility , QFox River Preservation - -Planned Center City 2 - OPlanned Single Family Residence 1 �. ® N R Q Planned Two Family Residence ® ® - Zoning Map W+ S City of Elgin Department of Community Development o 95190=m 380 570 76Feet f Subject Property }-------__� i 826 S McLean Blvd i Petition 21 -13 eGreen I colleg i V% i 0627101013 —J Torrey Pines EXHBIIT C Parcel Map N A City of Elgin o ao ao 160 240 320 Department of Community Development Feet �� �`; t ' ��. Fes- �_��___-_•��_G.-i=r`_"� j� .�.. 'l �i_ �� TiZ• • 7 1 a 7- r s �--'!di .-� .d•�.f fit` 4 :.+_.c ,Ifj } - F a 1, a� ►� a � urea�.rta• .h 1 SITE LOCATION EXHIBIT 826 S. McLean Boulevard Petition 21-13 If L �.. t'�. b• '�77�� �Ut. i`. rr '� ... �'�,Cri —y4•yy�I its++ � .�,�, +, � .# y' ca• t. e � YES � �` E +)K � ��(J ��� � 3 _ r Site Pictures