G35-05 p
Ordinance No. G35-05
AN ORDINANCE
GRANTING A CONDITIONAL USE
TO PERMIT THE EXPANSION OF AN EXISTING CONDITIONAL USE
CC2 CENTER CITY DISTRICT AND THE ARC
ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT
(216 N. State Street and 212 Ball Street)
WHEREAS, written application has been made to permit the expansion of an existing
motor vehicle repair shop facility, within the CC2 Center City District and the ARC Arterial Road
Corridor Overlay District at 216 N. State Street and 212 Ball 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 February 2, 2005 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
expansion of an existing motor vehicle repair shop facility, within the CC2 Center City District and
the ARC Arterial Road Corridor Overlay District at 216 N. State Street and 212 Ball Street and
legally described as follows:
Parcel One: Lots 2 and 3 (except the right of way of the Chicago and
Northwestern Railway), and Lots 6 and 7 in Block 25 of the original Town of
Elgin, on the West side of Fox River, in the City of Elgin, Kane County, Illinois.
Parcel Two: The Easterly one-half (1/2) of Lot 5 in Block 25 of the
original Town of Elgin, on the West side of Fox River, in the City of Elgin, Kane
County, Illinois.
Parcel Three: The West one-half(1/2) of Lot 5 in Block 25 of the original
Town of Elgin, on the West side of Fox River, in the City of Elgin, Kane County,
Illinois. Commonly known as 216 Ball Street
Lot 4 in block 25 of the original town of Elgin, in the West Side of Fox
River, (excepting therefrom the right of way of the Chicago and Northwestern
C Railroad Company) in the City of Elgin, Kane County, Illinois. Commonly
known as 212 Ball Street
be and is hereby granted subject to the following conditions:
1. Substantial conformance with the Conditional Use Application, and Statement of
Purpose prepared by Peter C. Bazos Esq., of Schnell, Bazos, Freeman, Kramer,
Schuster & Vanek, attorney representing DKR, LLC, submitted to the City of Elgin
on October 26, 2004.
2. Substantial conformance with the Site Development Plans and attached notations
prepared by Midland Landscape for Pomp's Tire, prepared on November 9, 2004,
revised and submitted to the City of Elgin on January 25, 2005.
3. The submitted Site Development Plan shall be revised to provide additional
landscaping along Northeast corner of the existing buildings at 216 North State Street
and in conformance with the zoning ordinance.
4. The design, dimensions and location of the proposed free standing sign and wall signs
shall be in conformance with the zoning ordinance. Wall signs shall be uniform in
their design.
5. The use of the storage facility on the south side of Ball Street shall be discontinued.
6. The existing pole mounted pay telephone to the east of the building at 216 North State
Street shall be permanently removed.
7. 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.
E Sc , Mayor
Presented: March 9, 2005
Passed: March 9, 2005
Omnibus Vote: Yeas: 6 Nays: 0
Recorded: March 10, 2005
Published:
Attest: JOA-
Dolonna
Ceikit-v'4
Mecum, City Clerk
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February 2,2005
FINDINGS OF FACT
Zoning and Subdivision Hearing Board City of Elgin,Illinois
SUBJECT
Consideration of Petition 84-04 Requesting a Conditional Use to Permit The Expansion of an
Existing Motor Vehicle Repair Shop Facility,in the CC2 Center City District and the ARC Arterial
Road Corridor Overlay District;Property Located at 216 North State Street and 212 Ball Street;by
DKR, LLC as Applicant and Owner.
GENERAL INFORMATION
Requested Action: Conditional Use Approval
Current Zoning: CC2 Center City District and
ARC Arterial Road Corridor District
Existing Use: 216 North State Street—Motor Vehicle Repair Shop
212 Ball Street-Vacant
Property Location: 216 North State Street and 212 Ball Street
Applicant/Owner: DKR,LLC
Staff Coordinator: Sarosh Saher,Urban Design &Preservation Specialist
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. Statement of Purpose and Conformance (see attached)
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G. Draft Conditional Use Ordinance (see attached)
Exhibit A
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r. Findings of Fact Zoning and Subdivision Hearing Board
Petition 84-04 February 2,2005
H. Public Response Forms (see attached)
BACKGROUND
An application has been filed by DKR, LLC requesting conditional use approval to permit the
expansion of an existing motor vehicle repair shop facility in the CC2 Center City District and the
ARC Arterial Road Corridor Overlay District. The subject property is located at 216 North State
Street and 212 Ball Street(see the attached exhibit).
The parcel at 216 North State Street is zoned CC2 and is in use as a Motor Vehicle Repair Shop.The
primary operation carried out on the property is vehicle tire sales, repair, installation and storage
along with vehicular repairs.The parcel at 212 Ball Street is also zoned CC2 Center City District and
is currently vacant.The applicant proposes to expand the existing operations into the vacant building
located at 212 Ball Street and proposes to use it for tire storage.No expansion of existing buildings
or construction of new buildings is proposed at this time. -
Both properties will be improved with exterior alterations to the existing buildings including siding
repair and painting.The applicant is also proposing landscape improvements and new signage for the
site.The expansion of a conditional use requires conditional use approval..
GENERAL FINDINGS
After due notice,as required by law,the Zoning and Subdivision Hearing Board conducted a public
F.�aring_in consideration-of-Petition 84-04 on Febru ry-2,-2005. The-applicant testified at the public
hearing and presented documentary evidence in support of the application. Public testimony was
presented at the public hearing. Staff submitted a Conditional Use Review dated January 28,2005.
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: G Industrial District
1950: F Industrial District
1960: F Industrial District
1961: F Industrial District
1962: B4 General Service District
1992: B4 General Business District
2001: CC2 Center City District
ARC Arterial Road Corridor Overlay District
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 84-04 February 2,2005
A motor vehicle repair shop was established at the subject property in 1963. Motor vehicle
repair shops are a conditional use in the CC2 Center City District.
B. Surrounding Land Use and Zoning Findings. The areas to the north and south are zoned
CC2 Center City District and are developed with a mix of light industrial and retail land uses.
The Chicago and North Western Railroad runs to the west of the property.The parcels to the
east of the site across North State Street are open park spaces zoned CF Community Facility.
C. Trend of Development Findings. The subject property is located in an area developed
primarily with light industrial and commercial uses.
D. Zoning District Findings. The purpose of the CC2 Center City District is to facilitate the
implementation of official Comprehensive Plan for the Center City, as focused on a
distinctive sub area of the city with a common urban fabric.The CC2 zoning district provides
for a concentration of finance, service,retail, civic, office and cultural uses, in addition to
complementary uses such as hotels,entertainment and housing.The development standards
are meant to encourage a mix of activity in the area while providing for quality development
that maintains a sense of history, human scale, and pedestrian oriented character. The
development standards are intended to promote the transition between the more intense
development in the CC2 zoning district and the residential neighborhoods surrounding the
center city.
E. Site Characteristics Standard.The subject property is suitable for the intended conditional
use with respect to the site characteristics standard in terms of shape, significant features,
topography,watercourses,vegetation and existing improvements.
The property is a regularly shaped parcel, containing 44,352 square feet of land area. The
properties consist of the buildings for the motor vehicle repair shops and paved parking lots.
Both properties are relatively flat,with the grade level of 212 Ball Street being higher by
approximately 15 feet.
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F. Sewer and Water Standard.The subject property is suitable for the intended conditional
use with respect to the sewer and water standard.
The property is served by municipal sanitary sewer, storm sewer, and water services.
G. Traffic and Parking Standard.The subject property is suitable for the intended conditional
use with respect to the traffic and parking standard.
The subject property is located on North State Street and Ball Street,North State Street is an
arterial road serving downtown Elgin and adjacent communities and Ball Street is a local
street. Both properties have adequate off-street parking in conformance with the Zoning
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r Findings of Fact Zoning and Subdivision Hearing Board
Petition 84-04 February 2, 2005
Ordinance.
H. Location design and operation standard.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 to indicate 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 buildings on the property are proposed repaired and painted on the exterior, the chain
link fences are proposed to be replaced with a guard rail or a new board fence,the retaining
wall is proposed to be repaired, and new landscaping is proposed to be added to the site.
I. Comprehensive Plan Standard. 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. The proposed planned development is in conformance with this designation.
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 rehabilitation
and painting,chain link fence removal landscaping and other site improvements will
enhance the image of a highly traveled gateway into the city.
B. Summary of Unresolved Issues.
There are no unresolved issues.
C. Summary of Alternatives.
r Other than an approval,,a denial,or an approval with some combination of conditions,there
are no substantive alternatives.
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 84-04 February 2,2005
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RECOMMENDATION
The Zoning and Subdivision Hearing Board hereby recommends the approval of Petition 84-04.On a
motion to recommend approval of the conditional use,subject to the following conditions,the vote
was five(5)yes, zero (0)no:
1. Substantial conformance with the Conditional Use Application, and Statement of
Purpose prepared by Peter C.Bazos Esq.,of Schnell,Bazos,Freeman,Kramer,Schuster
&Vanek,attorney representing DKR,LLC,submitted to the City of Elgin on October 26,
2004.
2. Substantial conformance with the Site Development Plans and attached notations
prepared by Midland Landscape for Pomp's Tire,prepared on November 9,2004,revised
and submitted to the City of Elgin on January 25, 2005.
3. The submitted Site Development Plan shall be revised to provide additional landscaping.
along Northeast corner of the existing buildings at 216 North State Street and in
conformance with the zoning ordinance.
4. The design, dimensions and location of the proposed free standing sign and wall signs
shall be in conformance with the zoning ordinance.Wall signs shall be uniform in their
design.
5. The use of the storage facility on the south side of Ball Street shall be discontinued.
6. The existing pole mounted pay telephone to the east of the building at 216 North State
Street shall be permanently removed.
7. Compliance with all other applicable codes and ordinances.
Therefore,the motion to recommend approval of Petition 84-04 was adopted.
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 84-04 February 2,2005
Respectfully submitted:
lint/✓
Robert Langlois, Chairman
Zoning and Subdivision Hearing Board
Todd Wyatt, S ary
Zoning and Subdivision Hearing Board
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