G80-04 /''1°' Ordinance No. G80-04
AN ORDINANCE
GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT
TO PERMIT THE EXPANSION OF AN EXISTING PARKING FACILITY IN THE AB AREA
BUSINESS DISTRICT AND THE ARC
ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT
(1140-1146 Dundee Avenue)
WHEREAS, written application has been made for a conditional use for a planned
development which will allow for the expansion of an existing parking facility within the AB Area
Business District and the ARC Arterial Road Corridor Overlay District at 1140-1146 Dundee
Avenue; and
WHEREAS, the Planning and Development 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 in the findings and
recommendation of the Planning and Development 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 August 2, 2004, made by the Planning and Development Commission, 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
expansion of a parking facility within the AB Area Business District and the ARC Arterial Road
Corridor Overlay District at 1140-1146 Dundee Avenue and legally described as follows:
Parcel 1: Lots 1 and 2 in Block 14 of Riverside Park Addition to Elgin, in the
City of Elgin, Kane County, Illinois (Commonly known as 1140-1146 Dundee
Avenue).
Parcel 2: The Easterly 31 feet of Lot 8 in Block 14 of Riverside Park Addition to
Elgin, in the City of Elgin, Kane County, Illinois (Commonly known as
1133 Sherwood Avenue).
Parcel 3: The Easterly 31 feet of Lot 9 in Block 14 in Riverside Park Addition to
Elgin, in Section 12, Township 41 North, Range 8 East of the Third Principal
Meridian, in the City of Elgin, Kane County, Illinois (Commonly know as
1139 Sherwood Avenue).
be and is hereby granted subject to the following conditions:
1. Substantial conformance to the Statement of Purpose and Conformance, dated
July 29, 2004.
2. Substantial conformance to the Site Plan, prepared by Mary C. Mane, Architect,
dated December 9, 2003, and revised February 26, 2004, subject to revisions
required by the Community Development Group.
3. 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.
Ed Schock, Mayor
Presented: September 22, 2004
Passed: September 22, 2004
Omnibus Vote: Yeas: 6 Nays: 0
Recorded: September 23, 2004
Published:
Attest:
Dolonna Mecum, City Clerk
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August 19, 2004
FINDINGS OF FACT
Planning'and Development Commission City of Elgin,Illinois
SUBJECT
Consideration of Petition 52-04 Requesting a Map Amendment from RC2 Residence Conservation
District and AB Area Business District to AB Area Business District with a Conditional Use for a
Planned Development to provide for the expansion of a parking facility; Property Located at 1140-
1146 Dundee Avenue, 1133 Sherwood Avenue, and 1139 Sherwood Avenue,by John F.Willis as
Applicant, and John F. Willis and Primivito Marique as Owners.
BACKGROUND
Requested Action: Map Amendment
Current Zoning: RC2 Residence Conservation District and
AB Area Business District
Proposed Zoning: AB Area Business District
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Intended Use: Commercial and Residential
Property Location: 1140-1146 Dundee Avenue
1133 Sherwood Avenue, and
1139 Sherwood Avenue
Applicant: John F. Willis
Owners: John F. Willis and Primivito Marique
Staff Coordinator: Janice Ward, Senior Planner
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LIST OF EXHIBITS
A. Location Map (see attached)
B. Zoning Map (see attached)
C. Parcel Map (see attached)
Exhibit A
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Findings of Fact Planning and Development Commission
Petition 52-04 August 19, 2004
D. Aerial Map (see attached)
E. Site Photos (see attached)
F. Statement of Purpose and Conformance (see attached)
G. Site Plan (see attached)
H. Draft Conditional Use Ordinance (see attached)
I. Public Response Forms (see attached)
• BACKGROUND
An application has been filed by John F. Willis requesting a map amendment from RC2 Residence
Conservation District and AB Area Business District to AB Area Business District with a
Conditional Use for a Planned Development. The property is located at 1140-1146 Dundee Avenue,
1133 Sherwood Avenue, and 1139 Sherwood Avenue(reference Exhibits A, B, C, D, and E).
ellik The applicant is proposing to rezone and re-subdivide the subject property to expand a parking
facility. This will allow the construction of nine(9)additional parking spaces and the expansion of
the parking aisle to serve the existing commercial business. A privacy fence and landscaping will
buffer the residential and commercial uses. A conditional use for a planned development is
necessary because the applicant is requesting departures for the design of the parking expansion
(reference Exhibits F, G and H).
FINDINGS
After due notice, as required by law, the Planning and Development Commission held a public
hearing in consideration of Petition 52-04 on August 16,2004. The applicant testified at the public
hearing and presented documentary evidence in support of the application. No objectors were
present. The Community Development Group submitted a Map Amendment Review,dated July 27,
2004.
The Planning and Development Commission has made the following findings concerning the
standards for map amendments:
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.
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Findings of Fact Planning and Development Commission
Petition 52-04 August 19, 2004
The subject property consists of two(2)regularly sha p ed parcels and one irregularly sha p ed
parcel containing approximately.53 acres of land. The property is currently developed with
a commercial building that fronts on Dundee Avenue and River Bluff Road. The commercial
building houses Service Master, a real estate/investment business and a hair salon.
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.
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 is suitable for the intended zoning district with respect to the
traffic and parking standard.
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The subject property is located at the corner of Dundee Avenue and River Bluff Road.
Dundee Avenue is an arterial roadway and River Bluff Road is a local street serving the
residential neighborhood to the west of the subject property.
Seven(7)off-street parking spaces are located on the northeastern portion of the property. A
total of thirty-one(31)parking spaces are required. While the proposed number of spaces
will not fully satisfy the zoning ordinance requirements,it would bring the property closer to
conformance.This will provide a positive benefit to the subject property and the surrounding
area by reducing the need for on-street parking.
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: A Residential District&E Commercial District
1950: A Residential District & E Commercial District
1960: A Residential District &E Commercial District
1962: R-2 Single Family Residence District &B3 Service Business District
1992: R-2 Single Family Residence District &B3 Service Business District
Present: RC2 Residence Conservation District &AB Area Business District
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Findings of Fact Planning and Development Commission
Petition 52-04 August 19, 2004
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.
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 west of the subject property is zoned RC2 Residence Conservation District and is
developed with single family residences. The areas north, south and east of the subject
property are zoned AB, and are developed with small businesses, fast food restaurants and
gas stations. The area to the southeast is zoned PMFR Planned Multiple Family Residence
District and is developed with the"Shoe Factory Lofts".
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
rink consistency with an existing pattern of development or an identifiable trend within the area.
The subject property is located within a mature section of the city. The Dundee Avenue
corridor has developed with a mix of business, community facility and multiple family
residential uses.
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 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.
Findings. The subject property is suitable for the intended zoning district with respect to
conformance to the provision for the purpose and intent of the AB Area Business District.
By re-subdividing and rezoning the subject property, the applicant will have the ability to
develop additional off-street parking spaces to serve the commercial land use. This will
decrease the on-street parking congestion on River Bluff Road.
H. Conditional Use for a Planned Development Standard. The suitability of the subject
rb- 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.
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Findings of Fact Planning and Development Commission
.• Petition 52-04 August 19, 2004
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:
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 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.
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The expansion of a parking lot at this location is allowable as a conditional use. The
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proposed use represents an opportunity to provide needed parking on-site for this commercial
building.
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"Transportation Corridor"by the 1983 Comprehensive
Plan. This land use category represents major arterials in the City as well as adjacent land
uses. Development within a corridor may be higher in intensity,yet should depend on factors
such as design compatibility with adjacent and surrounding land uses and the development
potential of the area as determined by factors including lot width and lot area. The regulation
of all adjacent land uses, due to their proximity to the thoroughfare and to development
pressures within the private sector, must be given special consideration.
Typically, a uniform zoning boundary is established to define and separate land uses. The
rik development of this parking facility is an attempt to balance the parking needs of the existing
business area with surrounding residential uses. A minor encroachment into the residential
area will result from this proposed facility but will be mitigated through the construction of a
six (6) foot high solid wood fence and landscaping.
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Findings of Fact Planning and Development Commission
Petition 52-04 August 19, 2004
J. 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.
The subject property contains no significant natural features.
K. 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.
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 AB Area Business District:
1. Section 19.35.435 (H.1. Landscape Yards)—Transition Landscape.Yards. In the AB
Area Business District, the transition landscape yard calculated for this property is 25 feet.
The applicant proposes a transition landscape yard of 6 feet adjacent to the parking area.
SUMMARY OF FINDINGS, UNRESOLVED ISSUES,AND ALTERNATIVES
The Planning and Development Commission has developed or identified the following findings,
unresolved issues, and alternatives:
A. Summary of Findings.
1. Positive Attributes. The subject property is located within a mature section of the
city that has developed with a mix of business, community facility and multiple
family residential uses, surrounded by single family residences. This rezoning will
allow the applicant to provide additional off-street parking for the commercial land
use, thereby decreasing vehicle congestion on neighboring streets.
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Findings of Fact Planning and Development Commission
Petition 52-04 August 19,2004
2. Conditional Use for a Planned Development. The construction of a parking lot at
this location is allowable as a conditional use. The proposed use represents an
opportunity to bring the subject property closer to conformance with required parking
standards.
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 Planning and Development Commission hereby recommends the approval of Petition 52-04. On
a motion to recommend approval, subject to the following conditions, the vote was six(6)yes and
zero (0) no:
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1. Substantial conformance to the Statement of Purpose and Conformance, dated July
29, 2004.
2. Substantial conformance to the Site Plan, prepared by Mary C. Mane, Architect,
dated December 9,2003,and revised February 26,2004,subject to revisions required
by the Community Development Group.
3. Compliance with all other applicable codes and ordinances.
Therefore,the motion to recommend approval was adopted.
Respectfully submitted:
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X4i1kL
Jo /urlbut, Chairman Ce
Planning and Development Commission
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J. • e Ward, Secretary
Planning and Development Commission
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