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HomeMy WebLinkAboutG4-13 Ordinance No. G4-13 r AN ORDINANCE GRANTING A CONDITIONAL USE FOR A MOTOR VEHICLE REPAIR SHOP IN THE AB AREA BUSINESS DISTRICT (85 South Airlite Street) WHEREAS, written application has been made requesting conditional use approval for an establishment of a motor vehicle repair shop in the AB Area Business District; and WHEREAS, the Planning and Zoning 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 with 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 December 3, 2012, made by the Planning and Zoning Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. e"'' Section 2. That a conditional use to permit the establishment of a motor vehicle repair shop in the AB Area Business District at 85 South Airlite Street and legally described as follows: Lot 3 of Raymond W. Young Subdivision, Being a Resubdivision of Lot 2 in Block 4 of Walter G. Macintosh & Co.'s Fox River Acres, Town of Elgin, Kane County, Illinois, in the City of Elgin, Kane County, Illinois. (Property commonly known as 85 South Airlite Street). be and is hereby granted subject to the following conditions: 1. Substantial conformance to the Statement of Purpose and Conformance and Attachments, submitted by Charles Kellenberger, dated received February 10, 2012. 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 to the Floor Plan, submitted by Charles Kellenberger, date received February 10, 2012. 3. Substantial conformance to the Existing Landscape Plan, submitted by Charles Kellenberger date received July 13, 2012. r 4. Substantial conformance to the Site Plan, submitted by Charles Kellenberger date received February 10, 2012. 5. 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. #d /L./fi Lei' e, David J. K. lain, ''ayor Presented: January 23, 2013 Passed: January 23, 2013 Omnibus Vote: Yeas: 7 Nays: 0 F.ELG Recorded: January 23, 2013 Published: January 25, 2013 <(I:4 -• Attest: �� :� - it � Kimberly Dewis, City Clerk r December 3, 2012 PLANNING AND ZONING COMMISSION RECOMMENDATION AND FINDINGS OF FACT Community DeNelopmcnt Department Cite of Elgin. IL OVERVIEW Charles Kellenberger requests Conditional Use Approval to Permit the Establishment of a Motor Vehicle Repair Shop; Located at 85 South Airlite Street. GENERAL INFORMATION Petition Number 15-12 Recommendation: APPROVE, subject to conditions outlined at the conclusion of this Report(See Recommendation Detail) Applicant: Charles Kellenberger History: After due notice as required by law, the Planning&Zoning Commission held a public hearing and considered Petition 15-12 on December 3, 2012. The applicant submitted a Statement of Purpose Conformance dated received February 10, 2012 and testified at the public hearing. Staff Coordinator: Dave Waden, Senior Planner List of Exhibits: A. Aerial/Location Map B. Zoning Map C. Parcel Map D. Site Photos E. Statement of Purpose and Conformance, & Application F. Draft Conditional Use Ordinance G. Related Correspondence BACKGROUND & PROJECT DETAIL Charles Kellenberger is requesting a conditional use approval to continue to operate a motor vehicle repair shop at 85 South Airlite Street. The applicant currently leases space to Elgin Driveline,whichrepairs drive shafts on small motor vehicles. All of the work done on vehicles is Exhibit A • Recommendation &Findings of Fact Planning& Zoning Commission Petition 15-12 December 3, 2012 completed inside of the garage. There is no overnight parking of any vehicles outside of the garage FINDINGS OF FACT The Planning& Zoning Commission fmds that: 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. The subject property was annexed into the City of Elgin in 1974 and zoned B4 General Service Business District as part of the W.B. McIntosh's Annexation. The property was reclassified in 1992 to AB Area Business District 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 located to the north of the subject property is zoned AB Area Business District, and is improved with vacant property with one freestanding house. The area to the west is zoned RB Resident Business District, and is improved with single-family residential homes. The area to the south and southeast are zoned SFR1 Single Family Residence District, and are improved with single-family residential homes 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 has developed primarily with 2 Recommendation &Findings of Fact Planning &Zoning Commission Petition 15-12 December 3, 2012 commercial and residential uses to the west and south. D. Zoning District Standard. The suitability of the subject property for the intended conditional use with respect to conformance to the provisions for the purpose and intent, and location and size of the zoning district. Findings. The subject property is suitable for the intended conditional use with respect to conformance to the provisions for the purpose and intent, and location and size of the 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 CC1 Center City district. Elgin Driveline has been at its current location since December 2011. The proposed conditional use will meet the purpose and intent of the AB Area Business District. F. 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 consists of 1.73 acres and includes a 7,450 square foot commercial building with surface parking lot for 20 cars. Elgin Driveline is currently operating within 4,540 square foot of the commercial building. G. 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, and sanitary sewer. H. 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. 3 • Recommendation& Findings of Fact Planning&Zoning Commission Petition 15-12 December 3, 2012 Findings. The subject property is suitable for the intended conditional use with respect to the traffic and parking standard. The subject property is located on the east side of Airlite Street, south of Larkin Avenue. The site has one point of access into the site. Airlite Street is a local street serving the west side of Elgin. Larkin Avenue is a collector street serving the neighborhoods in the vicinity of the subject property. Off street parking is provided in conformance with the off street-parking ordinance. 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 designated "Highway Commercial"by the City's Comprehensive Plan and Design Guidelines dated 2005. Areas designated Highway Commercial typically serves surrounding neighborhood 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 centers. 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 motor vehicle repair shop for the subject property is in keeping with the goals, objectives, and policies of the comprehensive plan designation. J. 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 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. K. Historic Preservation Standard. Where applicable, the conditional use shall make possible an efficient contemporary use of or a compatible improvement to a designated elk landmark or property located in a designated historic district while preserving those 4 Recommendation & Findings of Fact Planning& Zoning Commission Petition 15-12 December 3, 2012 portions and features of the property which are significant to its historic, architectural, and cultural values to an historic preservation plan. Findings. The subject property is suitable for the intended conditional use with respect to the Historic Preservation standard. The subject property is not located within a designated historic district. RECOMMENDATION DETAIL By a vote of five (5) yes, zero (0) no, the Planning & Zoning Commission recommends the approval of Petition 15-12, subject to the following conditions: 1. Substantial conformance to the Statement of Purpose and Conformance, and Attachments, submitted by Charles Kellenberger, dated received February 10, 2012. 2. Substantial conformance to the Floor Plan, submitted by Charles Kellenberger, date received February 10, 2012. 3. Substantial conformance to the Existing Landscape Plan, submitted by Charles Kellenberger date received July 13, 2012. 4. Substantial conformance to the Site Plan, submitted by Charles Kellenberger date received February 10, 2012. 5. All items pertaining to the use and operation of the auto repair business must be stored within the existing tenant space located inside the enclosed building at 85 Airlite Street. 6. Relocate the existing dumpsters to the rear yard behind the building within a designated refuse collection area. The refuse collection area must be screened from view of all adjoining properties and public rights-of-way by either a solid wood fence or a masonry wall at a minimum of six linear feet. 7. All graphics must meet the requirements of Chapter 19.50 Street Graphics of the Elgin Municipal Code. 8. Compliance with all applicable codes and ordinances. Therefore, the motion to recommend approval of Petition 15-12 was adopted. s/ Bob Siljestrom Bob Siljestrom, Chairman Planning and Zoning Commission r 5 Recommendation &Findings of Fact Planning &Zoning Commission Petition 15-12 December 3, 2012 s/ Sarosh Saher Sarosh Saher, Secretary Planning and Zoning Commission r r 6