G107-03 Ordinance No . G107-03
AN ORDINANCE
GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT
TO PERMIT THE CONSTRUCTION OF BUILDINGS TO BE USED AS AN
AUTOMOBILE PARTS DEALER, AND A MOTOR VEHICLE REPAIR SHOP WITHIN
THE AB AREA BUSINESS DISTRICT AND THE ARC
ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT
(571 COOPER AVENUE, AND 954 AND 970 LIBERTY STREET)
WHEREAS, written application has been made for a conditional
use for a planned development which will allow for the construction
of buildings to be used as an automobile parts dealer and a motor
vehicle repair shop within the AB Area Business District and the ARC
Arterial Road Corridor Overlay District at 571 Cooper Avenue, and
954 and 970 Liberty 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 :
Section 1 . That the City Council of the City of Elgin hereby
adopts the Findings of Fact, dated November 5, 2003 , 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 planned development
which will allow for the construction of buildings to be used as an
automobile parts dealer and a motor vehicle repair shop within the
AB Area Business District and the ARC Arterial Road Corridor Overlay
District at 571 Cooper Avenue, and 954 and 970 Liberty Street and
legally described as follows :
BEING A PARCEL OF LAND IN DENOTED AS LOTS 1 , 2 , 3 ,
13 , 14 , AND 15 IN BLOCK 12 IN THE LUDLOW ADDITION TO
ELGIN, ILLINOIS, BEING A SUBDIVISION OF THAT PART OF THE
SOUTHEAST QUARTER OF SECTION 1 AND THE EAST HALF OF
SECTION 12 , TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD
PRINCIPAL MERIDIAN, RECORDED MARCH 20 , 1891 AS DOCUMENT
NUMBER 36021, KANE COUNTY, ILLINOIS AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS :
emk BEGINNING AT A POINT IN THE NORTHERLY RIGHT-OF-WAY
LINE OF PAGE AVENUE, SAID POINT BEING AT AN IRON PIPE
NEAR THE WESTERLY RIGHT-OF-WAY LINE OF LIBERTY STREET
INTERSECTING WITH PAGE AVENUE; THENCE, WITH SAID
NORTHERLY RIGHT-OF-WAY OF PAGE AVENUE LINE THE FOLLOWING
CALLS; N 85° 22 ' 44* W, 123 . 51 FEET TO AN IRON ROD; N 0°
7 ' 31* E, 263 .49 FEET TO A POINT IN THE SOUTHERLY MARGIN
OF COOPER AVENUE; N 89° 57 ' 20* E, 150 . 10 FEET ALONG THE
SOUTHERLY MARGIN OF COOPER AVENUE TO A POINT IN THE
WESTERLY MARGIN OF LIBERTY STREET; S 00° 07 ' 31" W,
248 .47 FEET ALONG THE WESTERLY MARGIN OF LIBERTY STREET
TO A POINT IN THE WESTERLY MARGIN OF LIBERTY AVENUE NEAR
ITS INTERSECTION WITH PAGE AVENUE; S 47° 26 ' 10" W, 36 .69
FEET TO THE POINT OF BEGINNING; CONTAINING 40 , 105 . 06
SQUARE FEET OR 0 . 92 ACRES, MORE OR LESS .
be and is hereby granted subject to the following conditions :
1 . Substantial conformance to the Statement of Purpose and
Conformance submitted by Wayne Tomlinson, dated June 25,
2003 .
2 . Substantial conformance to the Site Development Plan and
Site Geometric Plan, prepared by WT Civil Engineering,
LLC, dated October 10, 2003 and revised December 4 , 2003 .
3 . Substantial conformance to the Site Signage Plan,
prepared by WT Civil Engineering, LLC, dated October 10,
2003 and revised December 4 , 2003 , including the
provision of signage which conforms to the sign
ordinance . All monument signs placed on the site shall
include a masonry base to match the building materials .
4 . Substantial conformance to the Site Landscape Plan,
prepared by WT Civil Engineering, LLC, dated October 10,
2003 and revised December 4 , 2003 . The foundation
planting area near the east elevation of the Advance Auto
Parts building shall contain evergreen plant materials
and annual planting materials .
5 . Substantial conformance to the Exterior Building
Elevations, prepared by Dahlquist and Lutzow Architects,
Ltd. , dated October 7, 2003 and revised October 31, 2003 .
Brick shall be wrapped around the corners of the building
on the south elevation of the motor vehicle repair shop.
Alternate building materials may be used for the
remainder of the south elevation, provided that they are
not visible from a right-of-way.
rft.
emk 6 . Substantial conformance to the Amended Drawings, prepared
by Dahlquist and Lutzow Architects, Ltd. , dated
December 4 , 2003 .
7 . All lighting fixtures located on site shall be decorative
in nature, and approval of such fixtures is subject to
the review and approval of the Community Development
Group.
8 . Resolution of all Engineering Division concerns,
including the provision of a recorded cross-access
easement between the two newly created lots prior to
building permit issuance .
9 . There shall be no servicing of automobiles out of doors .
10 . Compliance with all other applicable codes and
ordinances .
Section 3 . That the conditional use granted herein shall
expire if not established within two years 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.
—4111111_2.44d ,
Ed Schock, Mayor
Presented: December 17, 2003
Passed: December 17, 2003
Omnibus Vote : Yeas : 6 Nays : 0
Recorded: December 18, 2003
Published:
Attest : {�
Dolonna Mecum, City Clerk
November 5, 2003
FINDINGS OF FACT
Zoning and Subdivision Hearing Board City of Elgin, Illinois
•
SUBJECT
Consideration of Petition 39-03 Requesting a Conditional Use for a Planned
Development to Permit the Construction of Commercial Buildings to be used as an
Automobile Parts Dealer and a Motor Vehicle Repair Shop in the AB Area Business
District and the ARC Arterial Road Corridor Overlay District; Property Located at 571
Cooper Avenue, 954 and 970 Liberty Street by Wayne Tomlinson, as Applicant, and Rus
Duber and David and Deborah Gerber, as Owners.
GENERAL INFORMATION
Requested Action: Conditional Use Approval
Current Zoning: AB Area Business District
ARC Arterial Road Corridor Overlay District
Proposed Use: Motor Vehicle Repair Shop
Retail Motor Vehicle Parts Store
Property Location: 571 Cooper Avenue
954 and 970 Liberty Street
Applicant: Wayne Tomlinson
Owners: Rus Duber
David and Deborah Gerber
Staff Coordinator: Todd Wyatt, Associate Planner
LIST OF EXHIBITS
A. Location Map (see attached)
B. Zoning Map (see attached)
ei. C. Parcel Map (see attached)
D. Aerial Photograph (see attached)
E. Site Photographs (see attached)
Exhibit A
Findings of Fact Zoning and Subdivision Hearing Board
Petition 39-03 November 5, 2003
rik
F. Statement of Purpose and Conformance (see attached)
G. Development Plan (see attached)
H. Draft Conditional Use Ordinance (see attached)
BACKGROUND
An application has been filed by Wayne Tomlinson, requesting a conditional use for a
planned development to permit the construction of two new commercial buildings. The
subject property is located at 571 Cooper Avenue, and 954 and 970 Liberty Street
(reference Exhibits A, B, C, D, and E).
The applicant is proposing to raze the existing buildings and construct two new
commercial buildings. One building would contain approximately 7,000 square feet of
floor area and would be used for the retail sale of automobile parts. The second building
would contain 1,200 square feet of floor area, and would be used as a motor vehicle
repair shop. The buildings will be constructed primarily of masonry materials (reference
Exhibits F, G, and H).
The proposed retail sale of automobile parts is a permitted use, and the proposed motor
vehicle repair shop is a conditional use in the AB Area Business District. Additionally,
the buildings are located in an ARC Arterial Road Corridor Overlay District, in which
conditional use approval is required for all new buildings greater than 1,000 square feet
in floor area. The applicant is requesting departures from the site design section of the
zoning ordinance.
GENERAL FINDINGS
After due notice, as required by law, the Zoning and Subdivision Hearing Board
conducted a public hearing in consideration of Petition 39-03 on November 5, 2003. The
applicant testified at the public hearing and presented documentary evidence in support of
the application. No objectors spoke at the public hearing. No written correspondence has
been received. The Community Development Group submitted a Conditional Use
Review dated October 28, 2003.
The Zoning and Subdivision Hearing Board has made the following findings concerning
the standards for a conditional use for a planned development:
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.
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 39-03 November 5, 2003
Findings. The subject property is suitable for the intended conditional use with
respect to the site characteristics standard.
The subject property is a regularly shaped parcel containing approximately 32,262
square feet of lot area. The property is improved with three commercial buildings,
a parking lot, and a gravel outdoor display area. Topography on the site ranges
from a high point of 811 feet at the south portion of the site to a low point of 807
feet at the north portion of the site, for a maximum relief of 4 feet.
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.
The subject property is located on the west side of Liberty Street, bounded by
Cooper Avenue on the north, and Page Avenue on the south. Liberty Street is an
arterial street which serves the east side of Elgin. Cooper and Page Avenues are
local streets which serve the adjacent commercial uses.
The site will be accessed from one point on Page Avenue, and from two points on
Cooper Avenue. A cross-access easement will allow traffic to flow between the
two businesses' parking lots. The two existing access points on Liberty Street will
be closed as part of the redevelopment of this site.
Off street parking will be provided in accordance with the zoning ordinance.
D. Zoning History Standard. The suitability of the subject property for the
proposed 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 may be 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
property was zoned as follows for the years listed:
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 39-03 November 5, 2003
1927: G Industrial District
1950: E Commercial District
1962: B3 Service Business District
1992: B3 Service Business District
Present: AB Area Business District
ARC Arterial Road Corridor Overlay District
The existing motor vehicle repair shop is considered a lawful, conditional use.
There are also 2 vacant commercial buildings located on the property, which were
previously used as a retail landscaping store and an outdoor display area.
E. Surrounding Land Use and Zoning Standard. The suitability of the subject
property for the intended conditional use for a planned development with respect
to consistency and compatibility with surrounding land use and zoning.
Findings: The subject property is suitable for the proposed planned development
with respect to the surrounding land use and zoning standard.
The properties to the north, south, east, and west are zoned AB Area Business
District and are developed with commercial 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 may be suitable for the proposed planned
development with respect to the trend of development standard.
The subject property lies within a mature commercial area, which is centered on
the intersections of Dundee Avenue, Congdon Avenue, and Liberty Street.
G. Zoning District Standard. The purpose of the AB Area Business District is to
provide commodities and services to several neighborhoods, and, in some
instances, to a community wide 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
CC 1 Center City District.
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 zoning district is a
zoning overlay district, and accordingly, a property located within the district
shall also be subject to the regulations of the underlying zoning district in which it
is located.
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 39-03 November 5, 2003
Findings. The subject property may be suitable for the intended conditional use
for a planned development with respect to conformance to the provisions for the
purpose and intent, and the location and size of the AB and ARC zoning districts.
With respect to the underlying AB Area Business District regulations, the
proposed automobile parts retail store is a permitted use, and the proposed re-
establishment of the motor vehicle repair shop requires conditional use approval.
Departures from the site design regulations of the AB Area Business District are
being requested. Additionally, the proposed development does not fully conform
to the ARC District design guidelines. The proposal could be brought into closer
conformance with the AB and ARC district design guidelines by providing the
following elements: the provision of architectural enhancements on each elevation
of the building, the provision of foundation plantings adjacent to the building, and
the provision of landscaped islands at the end of each row of parking.
H. 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 the provisions for the purpose and intent of planned developments.
No conditional use for a planned development shall 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 is 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 may be suitable for the intended conditional use
for a planned development with respect to conformance to the provision for the
purpose and intent of planned developments.
The proposed planned development will allow for the construction of a new
building on land which is undevelopable without planned development approval.
However, the proposed development is not entirely consistent with the recently
constructed buildings in the general area. Newer buildings in the area consist of
primarily brick facades with other decorative architectural enhancements added to
the building. Further architectural enhancements and additional landscaping on
5
Findings of Fact Zoning and Subdivision Hearing Board
Petition 39-03 November 5, 2003
the site are necessary if the development is to meet the intent of planned
developments.
The site is currently underutilized, and the proposed redevelopment of the site, if
developed in accordance with the Zoning and Subdivision Hearing Board's
recommendations, could enhance the image of a highly traveled gateway into the
City of Elgin.
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.
The subject property is designated as "Area Village Center" by the Official
Comprehensive Plan of Elgin (1983). The proposed new commercial use is
consistent with this land use designation.
J. 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 planned development with respect to the
preservation of all significant natural features including topography, watercourses,
wetlands, and vegetation.
Findings. The subject property may be suitable for the intended conditional use
for a planned development with respect to the natural preservation standard.
There are no significant features present on this property which are worthy of
preservation.
K. 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 may be suitable for the intended conditional use
for a planned development with respect to the internal land use standard.
Architectural enhancements and landscaping improvements are necessary if the
development is to be of the quality that is desired for this highly visible location
in the ARC Arterial Road Corridor Overlay District.
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 39-03 November 5, 2003
tiluL
PLANNED DEVELOPMENT DEPARTURES AND EXCEPTIONS
A planned development may be granted certain departures from the normal standards,
regulations, requirements, and procedures of the Elgin Zoning Ordinance. The applicant
is requesting the following departures from the standard requirements of the AB Area
Business District:
1. Section 19.12.600 — Obstructions in Yards. The zoning ordinance requires that
refuse collection areas be placed in the rear yard. The applicant is proposing to
locate a refuse collection area in a street yard.
2. Section 19.12.700 — Interior Landscape Yard. The zoning ordinance requires a
minimum of 5% of the total vehicle use area contain landscaping. The applicant is
required to provide a minimum of 1,070 square feet of interior landscape yard,
and is proposing an interior landscape yard which contains a total of 850 square
feet (a 21% departure).
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 new retail store and the motor vehicle repair shop
are likely to generate additional retail and property tax revenue for the
community. If the site is developed in accordance with the Zoning and
Subdivision Hearing Board's recommendations, attractive new buildings
will be constructed at a highly visible site on an arterial street.
2. Zoning District. With respect to the underlying AB Area Business District
regulations, the proposed automobile parts retail store is a permitted use,
and the proposed re-establishment of the motor vehicle repair shop
requires conditional use approval. Departures from the site design
regulations of the AB Area Business District are being requested.
Additionally, the proposed development does not fully conform to the
ARC District design guidelines. The proposal could be brought into closer
conformance with the AB and ARC district design guidelines by providing
the following elements: the provision of architectural enhancements on
each elevation of the building, the provision of foundation plantings
adjacent to the building, and the provision of landscaped islands at the end
'o.• of each row of parking.
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 39-03 November 5, 2003
r
B. Summary of Unresolved Issues.
1. Landscaping. The Zoning and Subdivision Hearing Board recommends
that the applicant provide landscaping in the interior landscape yard which
exceeds the minimum requirement of the zoning ordinance. This could be
achieved by providing foundation plantings at all areas adjacent to the
building which are not in front of a door, and providing curbed and
landscaped islands at the end of each row of parking.
2. Building Appearance. The Zoning and Subdivision Hearing Board
recommends that the applicant make revisions to the Advance Auto Parts
building's west elevation in order to increase the aesthetic quality of the
building's appearance. Specifically, staff recommends that the west
elevation contain the same building materials and otherwise be consistent
with the building's other elevations. The applicant contends that the west
elevation of the Advance Auto Parts store will not be visible from the
right-of-way due to a building on the adjoining lot being located in close
proximity to their lot line. Therefore, the applicant believes that the
appearance of this elevation is not critical.
However, the Zoning and Subdivision Hearing Board recommends that the
west elevation contain quality building materials due to the probability
that the adjoining lots will be redeveloped in the future, and it is unknown
whether the west elevation will become more visible at that time. The
façade upgrade that the Community Development Group is recommending
is justified by the site's location in the ARC district. Additionally,
buildings recently constructed in the general vicinity of the subject
property contain building elevations which are consistent on all sides.
These newer buildings include the CVS Pharmacy on Dundee Avenue, the
new medical office building near Dundee Avenue and Slade Avenue, and
the Wendy's restaurant adjacent to the subject property.
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 recommends the approval of Petition 39-03.
On a motion to recommend approval of the conditional use, subject to the following
tem- conditions, the vote was four(4) yes and zero (0) no:
8
Findings of Fact Zoning and Subdivision Hearing Board
Petition 39-03 November 5, 2003
1. Substantial conformance to the Statement of Purpose and Conformance submitted
by Wayne Tomlinson, dated June 25, 2003.
2. Substantial conformance to the Site Development Plan and Site Geometric Plan,
prepared by WT Civil Engineering, LLC, dated October 10, 2003 and revised
October 31, 2003, with the following revisions, which will be subject to the
review and approval of the Community Development Group:
a. Remove the concrete walkway adjacent to the Advance Auto Parts
building, except where access to a door is needed, and replace with
landscaping.
b. Remove the paved area at the end of the rows of parking spaces in the
southern parking lot and replace with curbed landscaped islands.
c. The striped 4 foot wide pedestrian walkway should extend from the front
door of the building to the sidewalk in the right-of-way, and should be
constructed of decorative pavers or other similar material.
d. The provision of a cross-access easement between the two separate
parking lots.
3. Substantial conformance to the Site Signage Plan, prepared by WT Civil
Engineering, LLC, dated October 10, 2003 and revised October 31, 2003,
including the provision of signage which conforms to the sign ordinance. All
monument signs placed on the site shall include a masonry base to match the
building materials.
4. Substantial conformance to the Site Landscape Plan, prepared by WT Civil
Engineering, LLC, dated October 10, 2003 and revised October 31, 2003, with the
following revisions, which will be subject to the review and approval of the
Community Development Group: Provide additional landscaping adjacent to the
foundation of the building where there is not a door and in the striped areas at the
end of the rows of parking in the southern parking lot.
5. Substantial conformance to the Exterior Building Elevations, prepared by
Dahlquist and Lutzow Architects, Ltd., dated October 7, 2003 and revised
October 31, 2003, with the following revisions, which will be subject to the
review and approval of the Community Development Group:
a. Provide windows on each overhead door on the motor vehicle repair shop.
b. The colors of all overhead doors shall be complimentary to the color of the
building, and shall not contrast.
c. Each building elevation shall contain a stone foundation, brick facade.
EIFS may be used in the band and cornice at the top of each building, and
for other decorative features on the buildings.
rft d. Each building elevation should contain windows or other architectural
elements to enhance each building's appearance.
e. Submit a west building elevation for both buildings.
9
Findings of Fact Zoning and Subdivision Hearing Board
Petition 39-03 November 5, 2003
r
6. All lighting fixtures located on site shall be decorative in nature, and approval of
such fixtures is subject to the review and approval of the Community
Development Group.
7. Resolution of all Engineering Division concerns.
8. There shall be no servicing of automobiles out of doors.
9. Compliance with all other applicable codes and ordinances.
Therefore, the motion to recommend approval of Petition 39-03 was adopted.
Respectfully Submitted,
Daniel Weiler, Chairman Pro Tem
Zoning and Subdivision Hearing Board
Lauren Pruss, Secretary
Zoning and Subdivision Hearing Board
10