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Home My WebLink AboutG5-14 Ordinance No. G5-14 AN ORDINANCE GRANTING A CONDITIONAL USE TO PERMIT A DRIVING SCHOOL IN THE AB AREA BUSINESS DISTRICT (108 Tyler Creek Plaza) WHEREAS, written application has been made requesting conditional use approval to permit a driving school in the AB Area Business District; and WHEREAS, the Planning & 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 Planning & Zoning 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 December 2, 2013, made by the Planning & Zoning Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That a conditional use to a driving school in the AB Area Business District at 108 Tyler Creek Plaza, and legally described as follows: Lots 2, 3 and 4 in Tyler Creek Plaza phase 2 Subdivision except that part of Lots 2 and 3 in Tyler Creek Plaza phase 2 Subdivision, Lying in Section 3, Township 41 North, Range 8, East of the third Principal Meridian Described as follows: Beginning at the Southwest corner of said Lot 3 and running thence North 00 degrees 53 minutes 19 seconds west along the West line of said Lot 3 and said Lot 2, a distance of 120.00 Feet; thence North 89 degrees 59 minutes 18 seconds East, parallel to the South line of said Lot 3 a distance of 150.00 feet to the East line of said Lot2; thence South 00 degrees 53 minutes 19 seconds East Parallel to the West line of said Lots 2 and 3, A distance of 120.00 feet to the South line of said Lot 3; thence south 89 degrees 59 minutes 18 seconds West, a distance of 150.00 feet to the place of beginning), All in the City of Elgin, Kane County, Illinois (Property commonly known as 460 South McLean Boulevard). be and is hereby granted subject to the following conditions: 1. Substantial conformance to the Statement of Purpose and Conformance and Attachments, submitted by Alicia Delgado - Lutz dated received October 4, 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 to the Interior Floor Plan, submitted by, Alicia Delgado - Lutz dated received October 4, 2013. 3. Substantial conformance to the Tenant Space Location Exhibit, submitted by, Alicia Delgado - Lutz dated received October 4, 2013. 4. Substantial conformance to the A1ta/ACSM Land Title Survey, submitted by, Alicia Delgado - Lutz dated received October 4, 2013. 5. Substantial conformance to the "Employee Office Hours" worksheet, submitted by, Alicia Delgado - Lutz received November 11, 2013. 6. The conditional use granted herein is limited to tenant space 108 of the Tyler Creek Plaza. 7. 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. David J. Kap ain, ayor Presented: January 22, 2014 Passed: January 22, 2014 Omnibus Vote: Yeas: 9 Nays: 0 • Recorded: January 22, 2014 Published: January 24, 2014 1 Attest: imberly Dewis, Cit Clerk December 2, 2013 PLANNING & ZONING COMMISSION RECOMMENDATION AND FINDINGS OF FACT CoinniunitN Development Department Citv of El-in, IL OVERVIEW Alicia Delgado-Lutz, requests Conditional Use Approval to permit a driving school. Property is located at 108 Tyler Creek Plaza. GENERAL INFORMATION Petition Number 36-13 Recommendation: APPROVE, subject to conditions outlined at the conclusion of this Report(See Recommendation Detail) Applicant: Alicia Delgado-Lutz History: After due notice as required by law,the Planning&Zoning Commission held a public hearing and considered Petition 36-13 on December 2, 2013. The applicant submitted a Statement of Purpose Conformance dated received October 4, 2013 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 BACKGROUND & PROJECT DETAIL Alicia Delgado-Lutz is requesting conditional use approval to permit a driving school, property located at 108 Tyler Creek Plaza. The tenant space is located in the Tyler Creek Shopping Plaza which sits on 2.54 acres and was developed in 1991 with approximately 30,264 square feet of commercial/office space. The shopping center contains multiple tenant spaces and a large surface parking lot. The offices of A- Tri County Driving School have been established at said location Recommendation & Findings of Fact Planning & Zoning Commission Petition 36-13 December 2, 2013 since July of 2013, and are located within a 1,300 square foot tenant space. Business hours are Monday, Tuesday, Wednesday, and Friday from 10:00 am to 4:00 pm and Thursday from 10:00 am to 7:00 pm. They are also open the first Saturday of the month from 10:00 am to 1:00 pm. They currently have 1 fulltime employee and 2 part time employees. The proposed classroom would accommodate driver education classes and would be open on Monday, Tuesday, Wednesday, from 6:30 pm to 8:30 pm. Occasionally, there would be classes on Tuesday and Thursdays from 4:15 pm to 6:15 pm. Class sizes would vary but based on previous experience they expect between 8-12 students per class. STANDARDS FOR CONDITIONAL USES In the review of their packet material, which is a part of the record of the December 2, 2013 public hearing, and during their discussion during the same public hearing, Planning & Zoning Commission members considered the following 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 a rectangular shaped parcel containing approximately 2.54 acres of land. There are no significant features at the site. The subject property is fully paved and includes an approximate 30,264 square foot shopping center. 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 and sanitary sewer. 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 subject property has frontage along McLean Boulevard, a regional arterial road serving the west side of Elgin. There is one point of access into the commercial center from McLean Boulevard and 2 Recommendation & Findings of Fact Planning & Zoning Commission Petition 36-13 December 2, 2013 internal access points from the McDonalds restaurant to the north of Tyler Creek Plaza and the larger section of Tyler Creek Plaza Shopping Center to the south. 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 official comprehensive plan. Findings. The subject property is suitable for the intended conditional use with respect to the Comprehensive Plan Standard. The proposed use meets the comprehensive plan standard. The subject property is designated "Highway Commercial" in 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. 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 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. F. Historic Preservation Standard. Where applicable, the conditional use shall make possible an efficient contemporary use of, or a compatible improvement to a designated landmark or property located in a designated historic district while preserving those portions and features of the property which are significant to its historic, architectural, and cultural values to an historic preservation plan. Findings. This standard is not applicable. The subject property is not located within a historic district nor is it a historic landmark. RECOMMENDATION DETAIL On a motion to recommend denial of Petition 36-13, the Planning & Zoning Commission voted six(6)yes, zero (0)no. If the city council was to approve Petition 36-13,the following conditions would be appropriate: 3 Recommendation & Findings of Fact Planning & Zoning Commission Petition 36-13 December 2, 2013 1. Substantial conformance to the Statement of Purpose and Conformance, and Attachments, submitted by, Alicia Delgado - Lutz dated received October 4, 2013. 2. Substantial conformance to the Interior Floor Plan, submitted by, Alicia Delgado - Lutz dated received October 4, 2013. 3. Substantial conformance to the Tenant Space Location Exhibit, submitted by, Alicia Delgado - Lutz dated received October 4, 2013. 4. Substantial conformance to the Alta/ACSM Land Title Survey, submitted by, Alicia Delgado - Lutz dated received October 4, 2013. 5. Substantial conformance to the "Employee Office Hours" worksheet, submitted by, Alicia Delgado—Lutz received November 11, 2013. 6. Compliance with all applicable codes and ordinances. s/ Bob Siliestrom Bob Siljestrom, Chairman Planning& Zoning Commission s/ Sarosh Saher Sarosh Saher, Secretary Planning&Zoning Commission 4 ° M „ rn rIl L a - r O ti r - _Byron lei` }. Big, Timber - Timber: ;. g yt" � 1 •1 Fbres n � 0 Legend OResidence Conservation 1 Residence Conservation 2 QResidence Conservation 3 s Q Planned Residence Conservation ;^ QSingle Family Residence 1 Q Single Family Residence 2 Subject Property QPlanned Single Family Residence 2 OTwo Family Residence Petition 32-13 Multiple Family Residence Planned Multiple Family Residence QResidence Business QPlanned Residential Business -Neighborhood Business -Planned Neighborhood Business =Area Business -Planned Area Business =Center City 1 -Center City 2 -Planned Center City =Office Research Industrial -Planned Office Research Industrial -General Industrial -Planned General Industrial -Commercial Industrial -Planned Community Facility -Community Facility r r -Fox River Preservation Planned Center City 2 z QPlanned Single Family Residence 1 QPlanned Two Family Residence Zoning Map /N w + c City of Elgin 5 Department of Community Development 087.975 350 525 700 Feet Subject Property 108 Tyler Creek Piz Petition 36-13 0603376023 3 ;7t m 0603376032 as 0603376030 Byron Tyler Creek EXHBIIT C Parcel Map N A City of Elgin 0 25 50 100 150 200 Department of Community Development Feet SITE LOCATION EXHIBIT 108 Tyler Creek Plaza Petition 36-13 1160 wow 1150 S n s a K a e 90- y , Tyler C�eek�Ptt 130 Plan View SITE LOCATION 0• Tyler Creek Plaza ' - • MEMMEL r,.P Perspective View #1 Site Picture 1