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G61-04 Ordinance No. G61-04 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT TO PERMIT THE ESTABLISHMENT OF A RECYCLING CENTER YARD IN THE PGI PLANNED GENERAL INDUSTRIAL DISTRICT (1255 Gifford Road) WHEREAS, written application has been made for a conditional use for a planned development which will allow for the establishment of a recycling center yard within the PGI Planned General Industrial District at 1255 Gifford Road; 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 May 19, 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 establishment of a recycling center yard within the PGI Planned General Industrial District at 1255 Gifford Road and legally described as follows: That part of section 30, Township 41 North, Range 9, east of the third principal meridian lying east of the centerline of Gifford Road and northerly of the northerly right of way of the Chicago, Milwaukee, St. Paul and Pacific Railroad, in Cook County, Illinois. be and is hereby granted subject to the following conditions: 1. Substantial conformance to the Site and Location Plan, prepared by Acme Refining, and dated May 12, 2004. 2. Substantial conformance to the Statement of Purpose and Conformance, prepared by Acme Refining, and dated May 12, 2004. 3. All business equipment greater than eight feet in height shall be stored/located with a minimum setback from the perimeter fence a distance greater than or equal to the difference between the structure height and eight feet. 4. Compliance with all 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. Ed Schock, Mayor Presented: June 23, 2004 Passed: June 23, 2004 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: June 24, 2004 Published: Attest: Dolonna Mecum, City Clerk r r May 19,2004 FINDINGS OF FACT Zoning and Subdivision Hearing Board City of Elgin,Illinois SUBJECT Consideration of Petition 31-04 Requesting a Conditional Use for a Planned Development in the PGI Planned General Industrial District, to Permit the Establishment of a Recycling Center Yard; Property Located at 1255 Gifford Road by Acme Refining Company,as applicant,and Gifford 300, L.L.C., as owner. GENERAL INFORMATION Requested Action: Conditional Use Approval Current Zoning: PGI Planned General Industrial District Existing Use: Surface Mining Proposed Use: Scrap Metal Recycling Property Location: 1255 Gifford Road Applicant: Acme Refining Co. Owners: Gifford 300 L.L.C. Staff Coordinator: Lauren Pruss, Senior Planner LIST OF EXHIBITS A. Location Map (see attached) B. Zoning Map (see attached) C. Parcel Map (see attached) D. Aerial Photo (see attached) E. Site Photos (see attached) F. Development Plan (see attached) Exhibit A • Findings of Fact Zoning and Subdivision Hearing Board Petition 31-04 May 19,2004 G. Draft Conditional Use Ordinance (see attached) BACKGROUND An application has been filed by Acme Refining Co. requesting a conditional use for a planned development to permit the establishment of a recycling center yard.The subject property is located at 1255 Gifford Road(reference Exhibits A,B, C, D, and E). Acme Refining Company proposes to relocate its existing operation from the river front to the subject property. At the new location, the applicant is proposing to establish an outdoor recycling center yard where scrap metal will be collected, sorted, and stored. The proposed site will be improved with an 8 foot high solid wood fence, aggregate base, parking areas, and a temporary building. The proposed site is temporary in nature. The applicant is looking for a permanent location within the Elgin area, and proposes to conduct business operations at the subject property until a permanent location is secured. Conditional use approval is required for the applicant to establish a recycling center yard at the subject property(reference Exhibits F and G). GENERAL FINDINGS After due notice,as required by law,the Zoning and Subdivision Hearing Board conducted a public 4111) hearing in consideration of Petition 31-04 on May 19, 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. Staff submitted a Conditional Use Review dated May 10, 2004. 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 for a planned development,with respect to its size, shape and any existing improvements. Findings: The subject property is suitable for the proposed planned development with respect to the site characteristics standard. The subject property is a regularly shaped parcel containing approximately 5 acres of land. The property has been subject to surface mining. B. Sewer and Water Standard. The suitability of the subject property for the intended conditional use for a planned development with respect to the availability of adequate water, sanitary treatment and stormwater control facilities. - 2 - Findings of Fact • Zoning and Subdivision Hearing Board Petition 31-04 May 19,2004 Findings: The subject property Yis suitable for the proposed planned development with respect to the sewer and water standard. The subject property is not served with municipal water, sanitary sewer, or storm water control facilities. The applicant proposes to utilize temporary water and sanitary services at the subject property until such time as they secure a permanent location. The applicant proposes to comply with all local and state regulations with regard to stormwater control. C. Traffic and Parking Standard. The suitability of the subject property for the intended conditional use for a planned development 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 proposed planned development with respect to the traffic and parking standard. The subject property is located along Gifford Road. Gifford Road is a collector road serving the east side of Elgin. One point of access to the site is proposed from Gifford Road.The subject property is located several hundred feet off of Gifford Road. Access to the site from Gifford Road is provided by way of an on site construction road. The existing mining operations in the vicinity of the subject property currently generate a significant amount of heavy truck traffic. The amount of traffic generation anticipated from the proposed land use would not significantly alter the existing traffic patterns within the surrounding area. 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: 1927: Out of City 1950: Out of City 1960: Out of City 1962: M1 Limited Manufacturing District M2 General Manufacturing District 1992: M1 Limited Manufacturing District M2 General Manufacturing District Present: PGI General Industrial District -3 - • Findings of Fact Zoning and Subdivision Rearing Board Petition 31-04 , May 19, 2004 The subject property is designated as "General Manufacturing" and "Transportation Corridor" by the 1983 Comprehensive Plan. The proposed planned development is in conformance with the general manufacturing and transportation corridor designations. The proposed scrap metal recycling business is consistent with the general manufacturing designation. The designation of transportation corridor recognized the City's plans during the 1980s to extend Shales Parkway further south. These plans have since been abandoned. 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 natural features including topography,watercourses,wetlands, and vegetation. Findings:The subject property is suitable for the proposed planned development with regard to the natural preservation standard. There are no significant natural features present on the property worth 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 is suitable for the proposed planned development with regard s to the internal land use standard. 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. 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 GI General Industrial District: 1. Section 19.90 Commercial Operations Yard. Commercial operations yards are to be located behind the front building setback. The applicant is proposing to locate the proposed commercial operations yard within the front building setback,with the temporary buildings located within the fence line. Additionally, the applicant proposes to depart from the landscaping requirements for a commercial operations yard. Landscaping is required on all sides of the fence area. The applicant is not proposing to provide landscaping. - 6 - r • y Findings of Fact Zoning and Subdivision Hearing Board Petition 31-04 May 19,2004 2. Section 19.90—Fences and Walls. Within a street yard,no solid fence can exceed three feet in height. The applicant is proposing a fence eight feet in height. 3. Section 19.45—Parking Lot Surfacing. The zoning ordinance requires all parking lots to be paved with either asphalt or concrete. The applicant is proposing to use a crushed aggregate surface in place of asphalt or concrete. 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. Positive attributes. The proposed conditional use for a planned development will allow a long standing Elgin business to relocate from the riverfront to a more appropriate location. The proposed business is consistent with the trend of heavy industrial uses within the surrounding area, and will be effectively screened through a combination of setbacks and solid wood fencing. B. Summary of Unresolved Issues. There are no unresolved issues. 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 hereby recommends the approval of Petition 31-04.On a motion to recommend approval of the conditional use,subject to the following conditions,the vote was five (5)yes and zero (0)no: 1. Substantial conformance to the Site and Location Plan,prepared by Acme Refining, and dated May 12, 2004. 2. Substantial conformance to the Statement of Purpose and Conformance,prepared by Acme Refining, and dated May 12, 2004. - 7 - Findings of Fact Zoning and Subdivision Hearing Board Petition.31-04 • May 19,2004 3. All business equipment greater than eight feet in height shall be stored/located with a minimum setback from the perimeter fence a distance greater than or equal to the difference between the structure height and eight feet. 4. Compliance with all applicable codes and ordinances. Therefore,the motion to recommend approval of Petition 29-04 was adopted. Respectfully submitted: J,LAALF Dan Weiler, hairman Pro Thin Zoning and Subdivision Hearing Board Ai el .wren Pruss, Secretary 411) Zoning and Subdivision Hearing Board - 8 -