G51-04 Ordinance No. G51-04
AN ORDINANCE
GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT
TO PERMIT THE CONSTRUCTION OF A BUILDING ADDITION IN THE
CI COMMERCIAL INDUSTRIAL DISTRICT AND THE ARC
ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT
(908-910 East Chicago Street)
WHEREAS, written application has been made for a conditional use for a planned
development which will allow for the construction of a building addition to be used as an
automobile repair shop within the CI Commercial Industrial District and the ARC Arterial Road
Corridor Overlay District at 908-910 East Chicago 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 April 7, 2004, 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 a building addition to be used as an automobile repair shop within the CI
Commercial Industrial District and the ARC Arterial Road Corridor Overlay District at 908-910
East Chicago Street and legally described as follows:
That part of lot 11 in county clerk's division of the south half of section 18,
township 41 north, range 9 east of the third principal meridian according to the
plat thereof recorded June 20, 1895 as document #2237127 in Cook county,
Illinois, described as follows: beginning at a point in the north line of Chicago
Street, which point is also the intersection of the north line of Chicago Street and
the east line of the Ettner tract; thence south 67° 14' 00" east along the north line
of Chicago Street, 282.80 feet, which is also the southwest corner of a certain tract
heretofore conveyed to Kathryn Witt by deed dated October 24, 1949 and
recorded as document no. 14664840; thence north 21° 26' 00" east, along the west
line of said Witt tract, 134.20 feet; thence continuing along the west line of said
Witt tract, north 10° 48' 00" east, 429.40 feet to a point in the north line of said
lot 11 which is also the northwest corner of said Witt tract; thence north 79° 52'
w 00" west, along said north line, 300.40 feet to the northeast of the Ettner tract;
thence south 11° 26' 00"west, along the east line of said Ettner tract, 498.0 feet to
the place of beginning; (except that part of said lot 11 described as follows;
beginning at a point in the north line of Chicago Street, which point is also the
intersection of the north line of Chicago Street and the east line of the Ettner tract;
thence south 67° 14' 00" east, along the north line of Chicago Street 110.0 feet;
thence north 11° 26' 00" east, parallel with the east line of said Ettner trace to the
north line of said lot 11; thence north 79° 52' 00" west, along the north line of
said lot 11 to the northeast corner of said Ettner tract; thence south 11° 26' 00"
west, along the east line of said Ettner tract, 498.0 feet to the place of beginning)
in Cook County, Illinois (property commonly known as 908-910 East Chicago
Street).
be and is hereby granted subject to the following conditions:
1. Substantial conformance to the Statement of Purpose and Conformance,
submitted by Avid Architecture, and dated December 23, 2003.
2. Substantial conformance to the Landscape Plan, submitted by Pat Hill Landscape
Designs, and dated March 16, 2004.
3. Substantial conformance to the Development Plan, encompassing the Site Plan,
Mezzanine and Floor Plan, Enlarged Office Plan, and Building Elevation,
submitted by Avid Architecture, and dated March 16, 2004.
4. Substantial conformance to the Sign Exhibit, prepared by All-Right, Inc, dated 3-
16-04. The two existing signs shall be removed from the property and replaced
with a sign which conforms to the sign ordinance.
5. 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.
.I�liorz
Ed Schoc Mayor
Presented: May 12, 2004
Passed: May 12, 2004
Omnibus Vote: Yeas: 6 Nays: 0
Recorded: May 13, 2004
Published:
Attest:
Dolonna Mecum, City Clerk
April 7, 2004
FINDINGS OF FACT
Zoning and Subdivision Hearing Board City of Elgin, Illinois
SUBJECT
Consideration of Petition 05-04 Requesting A Conditional Use for a Planned Development in the CI
Commercial Industrial District and the ARC Arterial Road Corridor Overlay District,to Permit the
Construction of a Building Addition;Property Located at 908-910 East Chicago Street,By Hy-Tech
Carstar, as Applicant, and Joe Maslanka, as Owner.
BACKGROUND
Requested Action: Conditional Use Approval
Current Zoning: ARC Arterial Road Corridor Overlay District
CI Commercial Industrial District
Existing Use: Automotive Repair Shop
Proposed Use: Automotive Repair Shop
Property Location: 908-910 East Chicago Street
Applicant: Hy-Tech Carstar
Owner: Joe Maslanka
Staff Coordinator: Todd Wyatt, Associate Planner
LIST OF EXHIBITS
A. Location Map (see attached)
B. Zoning Map (see attached)
C. Parcel Map (see attached)
D. Aerial Map (see attached)
raw
E. Site Photos (see attached)
Exhibit A
,
Findings of Fact Zoning and Subdivision Hearing Board
Petition 05-04 April 7, 2004
F. Statement of Purpose and Conformance (see attached)
G. Draft Conditional Use Ordinance (see attached)
BACKGROUND
An application has been filed by Hy-Tech Carstar, requesting a conditional use for a planned
development to permit the construction of a building addition in the CI Commercial Industrial
District and the ARC Arterial Road Corridor Overlay District. The property is located at 908-910
East Chicago Street(reference Exhibits A, B, C, D, and E).
The applicant is proposing to demolish a portion of the existing Carstar building and to construct an
addition on to the remaining portion of the building. The proposed building addition requires
conditional use approval due to the site being located in an ARC Arterial Road Corridor Overlay
District. The purpose and intent of the ARC overlay district is to ensure quality development along
the city's entryway corridors. The building addition will be constructed of primarily masonry
building products (reference Exhibits F and G).
FINDINGS
After due notice,as required by law,the Zoning and Subdivision Hearing Board conducted a public
hearing in consideration of Petition 05-04 on April 7, 2004. The applicant testified at the public
hearing and presented documentary evidence in support of the application.No public testimony was
presented at the public hearing. No written correspondence has been submitted. Staff submitted a
Conditional Use Review dated March 18, 2004.
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 intended zoning district with respect to the
site characteristics standard.
The subject property is a regularly shaped parcel containing 2.36 acres of land. The property
is currently developed with a 6,700 square foot commercial building, a 3,850 square foot
commercial building, and paved vehicle use areas. There is a significant change in.
topography at the northern portion of the site. The northern portion of the site also contains
heavy vegetation.
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.
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 05-04 April 7, 2004
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Findings. The subject property is suitable for the intended zoning district with respect to the
sewer and water standard.
The property will be served by municipal sanitary sewer, storm sewer, and water services.
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 may be suitable for the intended zoning district with respect
to the traffic and parking standard.
The subject property is located on the north side of East Chicago Street.Chicago Street is an
arterial road serving the areas east of the Fox River.
The site will be accessed from two points on East Chicago Street. As part of the
redevelopment of this site,the applicant will be limiting the easternmost access point to one-
way inbound traffic. Off street parking will be provided in conformance with the zoning
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 intended zoning district with respect to the
length of time the property has remained undeveloped or unused in its current zoning district.
The subject property has been zoned as follows for the years listed:
1927: B Residential District
1950: D Commercial District
1960: D Commercial District
1962: B3 Service Business District
1992: B3 Service Business District
Present: CI Commercial Industrial District
ARC Arterial Road Corridor Overlay District
The subject property is currently being utilized by two commercial businesses, which are
permitted uses in the current zoning district.
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.
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 05-04 April 7, 2004
Findings. The subject property is suitable for the intended zoning district with respect to
consistency and compatibility with surrounding land use and zoning.
The area to the northwest of the subject property is zoned SFR 1 Single Family Residence
District and is developed with residences.The area to the northeast of the subject property is
zoned CF Community Facility District and is developed with a church.The areas to the west,
east, and south are zoned CI Commercial Industrial District and are developed with
commercial uses.
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 intended 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 the center of the East Chicago Street commercial corridor.
G. Zoning 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 CI Commercial Industrial District is to provide for an existing pattern of
development in which certain commercial and industrial land uses have located together.
The land uses provided for within the CI Zoning District are also provided for within other
zoning district,which in general are more in keeping with the purpose and intent of this Title,
and 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 conformance to the provisions for the purpose and intent,and
the location and size of a zoning district.
The proposed use is a permitted use in the CI Commercial Industrial District.The applicant is
not requesting any departures from the standards of the CI District,and will be bringing the site
into conformance with the landscaping and sign ordinances.
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
conformance to the provisions for the purpose and intent of planned developments.
No conditional use for a planned development should 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:
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 05-04 April 7, 2004
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.
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.
Findings: The subject property is suitable for the intended conditional use for a planned
development with respect to conformance to the purpose and intent of a conditional use for a
planned development.
The subject property is located in a well established commercial area.The building addition
will be constructed of quality building materials. Additionally,the applicant is proposing to
remove the two non-conforming freestanding signs from the property,and replace them with
one freestanding sign which will meet the requirements of the sign ordinance.The applicant
will also be adding landscaping to the property. These improvements will increase the
aesthetic appeal of the property, and will meet the intent of the ARC District.
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 intended zoning district with respect to the
Comprehensive Plan Standard.
The subject property is designated as "Mixed Commercial Industrial," by the 1983
Comprehensive Plan. The proposed planned development is in conformance with this
designation.
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 intended planned development with
respect to the Natural Preservation Standard.
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 05-04 April 7, 2004
There is a significant change in topography at the northern portion of the site. The northern
portion of the site also contains heavy vegetation. All of these natural features will be
preserved during the redevelopment of the subject property.
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 intended planned development with
respect to the internal land use standard.
The subject property is located within a mature commercial area;however,a residential area
exists to the northwest of the subject property. The topography and vegetation provide a
natural buffer to separate the dissimilar land uses. The building addition will not encroach
any closer to the residential area.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.
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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 purpose and intent of the ARC overlay district is to ensure
quality development along the city's entryway corridors. The building addition and
other site improvements will enhance the image of a highly traveled gateway into the
city.
2. Conditional Use for a Planned Development. The subject property is located in a
well established commercial area. The building addition will be constructed of
quality building materials. Additionally,the applicant is proposing to remove the two
non-conforming freestanding signs from the property, and replace them with one
freestanding sign which will meet the requirements of the sign ordinance. The
applicant will also be adding landscaping to the property.These improvements will
increase the aesthetic appeal of the property, and will meet the intent of the ARC
District.
B. Summary of Unresolved Issues.
There are no unresolved issues.
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 05-04 April 7, 2004
C. Summary of Alternatives.
Other than an approval,a 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 05-04. On a
motion to recommend approval of the conditional use,subject to the following conditions,the vote
was seven(7)yes and zero(0) no:
1. Substantial conformance to the Statement of Purpose and Conformance,submitted by
Avid Architecture, and dated December 23, 2003.
2. Substantial conformance to the Landscape Plan, submitted by Pat Hill Landscape
Designs, and dated March 16, 2004.
3. Substantial conformance to the Development Plan, encompassing the Site Plan,
Mezzanine and Floor Plan,Enlarged Office Plan,and Building Elevation,submitted
by Avid Architecture, and dated March 16, 2004.
4. Substantial conformance to the Sign Exhibit,prepared by All-Right,Inc,dated 3-16-
04. The two existing signs shall be removed from the property and replaced with a
sign which conforms to the sign ordinance.
5. Compliance with all other applicable codes and ordinances.
Therefore, the motion to recommend approval of Petition 05-04 was adopted.
Respectfully submitted:
L ,Ark
Robe •, Ch rman ep
Lang
Zoning and Subdivision Hearing Board
Lt}On e
di den Pruss, Secretary
Zoning and Subdivision Hearing Board
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