G87-02 tow Ordinance No. G87-02
AN ORDINANCE
GRANTING A CONDITIONAL USE FOR A TREATMENT, TRANSMISSION,
AND DISTRIBUTION FACILITY IN THE NB NEIGHBORHOOD BUSINESS
DISTRICT AND THE ARC ARTERIAL ROAD CORRIDOR DISTRICT
(692 Villa Street)
WHEREAS, written application has been made for a conditional
use for a treatment, transmission, and distribution facility
limited to equipment and an equipment Building in the NB
Neighborhood Business District and the ARC Arterial Road Corridor
District at 692 Villa Street; and
WHEREAS, the Zoning and Subdivision Hearing Board 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 Zoning and Subdivision Hearing
Board.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS :
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Section 1 . That the City Council of the City of Elgin hereby
adopts the Findings of Fact, dated November 6, 2002 , made by the
Zoning and Subdivision Hearing Board, a copy of which is attached
hereto and made a part hereof by reference as Exhibit A.
Section 2 . That a conditional use for a treatment,
transmission, and distribution facility limited to equipment and an
equipment Building in the NB Neighborhood Business District and the
ARC Arterial Road Corridor District at 692 Villa Street and legally
described as follows :
PARCEL 1 : THAT PART OF LOT 12 IN J.H. AND FULTON
GIFFORD ' S ADDITION TO ELGIN, DESCRIBED AS FOLLOWS :
COMMENCING AT A POINT 27 LINKS EAST AND 14 LINKS SOUTH OF
A POINT 4 . 275 CHAINS WEST OF THE SOUTHWEST CORNER OF
SECTION 13 , TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE THIRD
PRINCIPAL MERIDIAN; THENCE WESTERLY PARALLEL WITH VILLA
STREET TO THE WEST LINE OF THE PREMISES DESCRIBED IN DEED
TO GERTRUDE L. PARISON AND CHARLES W. LEHMAN RECORDED
JUNE 8 , 1921, IN BOOK 649, PAGE 445 AS DOCUMENT 198725,
FOR THE POINT OF BEGINNING; THENCE SOUTHERLY ALONG THE
WESTERLY LINE OF SAID PREMISES TO THE NORTHERLY LINE OF
OW
VILLA STREET; THENCE WESTERLY ALONG THE NORTHERLY LINE OF
VILLA STREET TO THE SOUTHWESTERLY CORNER OF THE PREMISES
DESCRIBED IN DEED TO CHARLES J. LEHMAN RECORDED
OCTOBER 28 , 1913 , IN BOOK 565, PAGE 272 , AS DOCUMENT
435196 ; THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID
PREMISES TO THE INTERSECTION WITH THE WESTERLY LINE OF
THE PREMISES DESCRIBED TO ANTON JACOBSEN RECORDED
NOVEMBER 16, 1929, IN BOOK 669, PAGE 56 AS DOCUMENT
192964 ; THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID
PREMISES TO THE NORTHERLY LINE OF THE PREMISES DESCRIBED
IN DOCUMENT 125196 AFORESAID; THENCE EASTERLY ALONG THE
NORTHERLY LINE OF SAID PREMISES TO THE POINT OF
BEGINNING, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS .
PARCEL 2 : A PART OF LOT 12 IN J.H AND FULTON
GIFFORD ' S ADDITION TO ELGIN IN KANE COUNTY, ILLINOIS,
BOUNDED AND DESCRIBED AS FOLLOWS : BEGINNING AT A POINT
282 . 15 FEET WEST AND 36 . 94 FEET NORTH OF THE SOUTHEAST
CORNER OF SECTION 13 , TOWNSHIP 41 NORTH, RANGE 8 EAST OF
THE THIRD PRINCIPAL MERIDIAN; THENCE SOUTHWESTERLY 132 . 0
FEET TO A POINT IN THE NORTH LINE OF VILLA STREET 408 . 54
FEET FROM THE WEST LINE OF SAID LOT 12 MEASURED ALONG THE
NORTH LINE OF VILLA STREET; THENCE NORTHWESTERLY ALONG
THE NORTH LINE OF VILLA STREET 33 . 0 FEET; THENCE
NORTHERLY TO A POINT 26 . 0 FEET FROM THE PLACE OF
BEGINNING ON A LINE PARALLEL TO THE NORTH LINE OF VILLA
STREET AND PASSING THROUGH THE SAID PLACE OF BEGINNING;
folk THENCE SOUTHEASTERLY PARALLEL TO SAID NORTH LINE OF VILLA
STREET 26 . 00 FEET TO THE PLACE OF BEGINNING, IN THE CITY
OF ELGIN, KANE COUNTY, ILLINOIS, AND THAT PART OF THE
COUNTY CLERK' S SUBDIVISION OF PART OF JAMES H. AND FULTON
GIFFORD' S ADDITION TO ELGIN, ILLINOIS DESCRIBED BY
COMMENCING AT AN IRON PIPE AT THE INTERSECTION OF THE
EAST LINE OF KANE COUNTY AND THE NORTHERLY LINE OF VILLA
STREET IN SAID CITY OF ELGIN; THENCE NORTH 60 DEGREES 51
MINUTES WEST ALONG SAID NORTHERLY LINE OF VILLA STREET
333 . 63 FEET TO THE PLACE OF BEGINNING; THENCE NORTH 11
DEGREES 54 MINUTES EAST 150 . 3 FEET; THENCE EAST 10 FEET;
THENCE SOUTHERLY IN A STRAIGHT LINE TO THE PLACE OF
BEGINNING, BEING SITUATED IN THE CITY OF ELGIN, KANE
COUNTY, ILLINOIS .
be and is hereby granted subject to the following conditions :
1 . Substantial conformance to the Statement of
Purpose and Conformance, submitted by Wide Open West,
undated.
2 . Substantial conformance to the Overall
Developed Site Plan and the Enlarged Site Plan and
Details, prepared by Hoch Associated, and dated
October 9, 2002 .
3 . Substantial conformance to the Exterior
Elevations, prepared by Hoch Associates, and dated
October 9, 2002 .
4 . Compliance with all other 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.
4 !55;4,/er----
Ed Schock, Mayor
Presented: December 18 , 2002
Passed: December 18, 2002
Omnibus Vote : Yeas : 7 Nays : 0
Recorded: December 19, 2002
Attest :
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Dolonna Mecum, City Clerk
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November 6, 2002
FINDINGS OF FACT
Zoning and Subdivision Hearing Board City of Elgin
SUBJECT
Consideration of Petition 56-02 Requesting a Conditional Use Approval for a Treatment,
Transmission, and Distribution Facility: Equipment and Equipment Building in the NB
Neighborhood Business District and the ARC Arterial Road Corridor Overlay District;
Property Located at 690-692 Villa Street by Wide Open West, as Applicant, and Gary
Bhansali, as Owner.
GENERAL INFORMATION
Requested Action: Conditional Use Approval
Current Zoning: ARC Arterial Road Corridor District
NB Neighborhood Business District
Intended Use: Treatment, Transmission, and Distribution Facility
Property Location: 690 - 692 Villa Street
Applicant: Wide Open West
Owner: Gary Bhansali
Staff Coordinator: Lauren Kieck, Planner
LIST OF EXHIBITS
A. Location Map (see attached)
B. Zoning Map (see attached)
C. Parcel Map (see attached)
D. Aerial Photograph (see attached)
E. Site Photographs (see attached)
F. Statement of Purpose and Conformance (see attached)
G. Draft.Conditional Use Ordinance (see attached)
Exhibit A
Findings of Fact Zoning and Subdivision Hearing Board
Petition 56-02 November 6, 2002
BACKGROUND
An application has been filed by Wide Open West, requesting conditional use approval
for a treatment, transmission, and distribution facility, which will be limited to equipment
and an equipment building. The subject property is located at 692 Villa Street (reference
Exhibits A, B, C, D and E).
The applicant proposes to establish a 236 square foot equipment building for fiber optic
lines providing cable television and interne access within the area. The building will be
unmanned and will contain electronic equipment used as an infrastructure component of
the system. The applicant will lease a 988 square foot portion of the subject property for
the proposed equipment building. The proposed building will be constructed of concrete
panels that will be imprinted to look like brick. Landscaping will be provided along the
south and east sides of the building to provide screening from Villa Street.
If approved, the addition of this building will allow the company to provide continued
and improved service for area cable television and high speed data services. The
proposed equipment building requires conditional use approval in the NB Neighborhood
Business District (reference Exhibits F and G).
GENERAL FINDINGS
After due notice, as required by law, the Zoning and Subdivision Hearing Board
conducted a public hearing in consideration of Petition 56-02 on November 6, 2002. The
applicant testified at the public hearing and presented documentary evidence in support of
the application. No objectors spoke at the public hearing and no written correspondence
has been submitted. The Community Development Group submitted a Conditional Use
Review dated October 28, 2002.
The Zoning and Subdivision Hearing Board has made the following general findings:
A. Zoning History Findings. The subject property was zoned as follows for the
years listed:
1927 B Residential District
1950 E Commercial District
1962 B-1 Community Business District
1992 B-1 Community Business District
Present NB Neighborhood Business District
B. Surrounding Land Use and Zoning Findings. The areas to the south, east and
west of the subject property is zoned NB Neighborhood Business District, and are
developed with a mix of commercial and residential land uses.
The area to the north is zoned CF Community Facility District and is
undeveloped.
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 56-02 November 6, 2002
C. Trend of Development Findings. The Villa Street corridor located within the
vicinity of the subject property is developed with a mix of commercial and
residential land uses.
D. Zoning District Findings. The purpose of the NB Neighborhood Business
District is to provide for commercial areas supplying daily convenience
commodities and service 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.
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 an irregularly shaped parcel containing approximately
28,000 square feet of lot area. The property is improved with a two story masonry
building and an accessory parking lot.
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 services.
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.
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 56-02 November 6, 2002
The subject property is located on Villa Street, an arterial street serving the east
side of the city. The proposed equipment building will be unmanned, thus
requiring parking only when personnel visit for routine maintenance of the
equipment. The applicant submits that, at most, one visit per month would be
necessary.
D. 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. The building will be constructed of
quality materials and screened by landscaping.
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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.
1. Positive Attributes. The proposed equipment building will allow improved
quality fiber optic services within the area which will benefit the residents
and businesses in the City of Elgin. While located on an arterial street, the
building has been designed in an attractive manner with brick-imprinted
concrete panels and will be screened by landscaping.
2. Location, Design, and Operation. 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.
B. Summary of Unresolved Issues.
There are no unresolved issues.
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 56-02 November 6, 2002
C. Summary of Alternatives.
Other than approval, denial, or an approval with some combination of conditions,
there are no substantive alternatives.
RECOMMENDATION
The Zoning and Subdivision Hearing Board hereby recommends the approval of Petition
56-02. On a motion to recommend approval of Petition 56-02, subject to the following
conditions, the vote was five (5) yes and zero (0) no:
1. Substantial conformance to the Statement of Purpose and Conformance,
submitted by Wide Open West, undated.
2. Substantial conformance to the Overall Developed Site Plan and the
Enlarged Site Plan and Details, prepared by Hoch Associated, and dated
October 9, 2002.
3. Substantial conformance to the Exterior Elevations, prepared by Hoch
Associates, and dated October 9, 2002.
4. Compliance with all other applicable codes and ordinances.
Therefore, the motion to recommend approval of Petition 56-02 was adopted.
Robert Langl is, Chai an
Zoning and Subdivision Hearing Board
David Sundland, Secretary
Zoning and Subdivision Hearing Board
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