G68-06 (2) Ordinance No. G68-06
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
(920 Villa 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 within the CI
Commercial Industrial District and the ARC Arterial Road Corridor Overlay District at 920
Villa 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 August 16, 2006,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 within the CI Commercial Industrial District and the
ARC Arterial Road Corridor Overlay District at 920 Villa Street and legally described as
follows:
That Part of Lot 9 of the County Clerk's Division of Unsubdivided Lands
in Section 19, Township 41 North, Range 9, East of the Third Principal
Meridian, Described as Follows: Commencing at the Northeast Corner of
the Northwest Quarter of Said Section 19, (Being also the Northeast
Corner of Said Lot 9): Thence South 15 Minutes East 1345 Feet; Thence
South 36 Degrees, 5 Minutes West, 732 Feet to the North Line of Villa
Street; Thence North 53 Degrees, 55 minutes West Along the Northerly
Line of Villa Street, 133.4 Feet to the Point of Beginning; Thence
Continuing Along Said Last Described Line 423.6 Feet to Center of Creek;
Thence Following the Center Line of Said Creek North 44 Degrees, 5
Minutes East 143 Feet; Thence Continuing Along the Center Line of Said
Creek North 67 Degrees, 35 Minutes East 85 Feet; Thence South 70
Degrees, 55 Minutes East Along Center of Said Creek 419.7 Feet More or
Less to a Point of Intersection With a Line Extending North 36 Degrees, 5
Minutes West to a Point of Beginning, in Cook County, Illinois, Except
the East 210 Feet Thereof Measured Along Villa Street (the Westerly Line
of Premises to be Parallel to Easterly Line of Original Description), in
Cook County, Illinois (Property Commonly Known as 920 Villa Street).
be and is hereby granted subject to the following conditions:
1. Substantial conformance to the Statement of Purpose and Conformance
prepared by Dahlquist and Lutzow Architects, Ltd., dated June 12, 2006.
2. Substantial conformance to the proposed Site/Landscape Plan
prepared by Dahlquist and Lutzow Architects, Ltd., dated June 12, 2006.
3. Substantial conformance to the proposed monument style graphic
elevation drawing prepared by Dahlquist and Lutzow Architects, Ltd.,
dated June 12, 2006. The base of the graphic must include brick that
matches brick used on the building façade. Landscaping around the
monument graphic must meet the landscaping requirements of the graphic
ordinance and shall be as approved by the Community Development
Group.
,,, 4. Monument style directional graphics must be posted to indicate "One-
Way" access to and from the development site and posted where otherwise
necessary to insure proper on-site vehicular circulation. The directional
graphics must meet the requirements of the graphic ordinance and shall be
as approved by the Community Development Group.
5. The refuse collection area must be enclosed with a 6 foot solid wall
constructed of the same building materials as the principal building.
6. Any fence on the subject property that is in disrepair shall be repaired,
replaced, or 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.
Z,,—,1112r1—. -
Ed Schock, Mayor
•
Presented: September 27, 2006
Passed: September 27, 2006
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: September 28, 2006
Published:
Attest:
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Dolonna Mecum, City Clerk
August 16, 2006
FINDINGS OF FACT
Zoning and Subd ivisiion Hearing Board City of Elgin,Illinois
SUBJECT
Consideration of Petition 70-06 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 Buil.ding Addition;Property Located at 920 Villa Street,by Pedro Leguizamo,as
Applicant and Owner.
GENERAL INFORMATION
Requested Action: Conditional Use Approval
Current Zoning: CI Commercial Industrial District
ARC Arterial Road Corridor Overlay District
Existing Use: Retail Building Containing a Grocery Store and a Restaurant
Proposed Use: Multiple Tenant Retail Building
Property Location: 920 Villa Street
Applicant/Owner: Pedro Leguizamo
Staff Coordinator•: Lydia Treganza,Associate Planner
LIST OF EXHIBITS
A. Location Mar, (see attached)
B. Zoning Map (see attached)
C. Parcel M. p (see attached)
D. Aerial Photo (see attached)
E. Environmental Map (see attached)
F. Site Photos (see attached)
EXHIBIT
A
i -
Findings of Fact Zoning and Subdivision Hearing Board
eeh' Petition 70-06 August 16, 2006
G. Statement of Purpose and Conformance (see attached)
H. Development Plan (see attached)
I. Draft Conditional Use Ordinance (see attached)
J. Standards for Conditional Use (see attached)
BACKGROUND
An application has been filed by Pedro Leguizamo, 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 and a new façade for the building. The
property is located at 920 Villa Street(reference Exhibits A,B, C,D, E and F).
The applicant is proposing to construct a 2,000 square foot building addition to a 3,285 square foot
commercial building. The building currently contains a grocery store and a restaurant. The applicant
is also proposing to construct a new façade on the building, consisting of masonry materials.
Additional landscaping is also proposed for the site.The proposed building addition and new façade
requires planned development 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 (reference Exhibits G, H, I, and J).
GENERAL FINDINGS
After due notice,as required by law,the Zoning and Subdivision Hearing Board conducted a public
hearing in consideration of Petition 70-06 on August 16,2006.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 Conditional Use Review dated August 4,
2006.
The Zoning and Subdivision Hearing Board has made the following general findings.
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 conditional use for a planned
development with respect to the site characteristics standard.
The subject property is an irregularly shaped parcel consisting of 46,929 square feet of lot
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el' Findings of Fact Zoning and Subdivision Hearing Board
Petition 70-06 August 16, 2006
area.The p rope rty is improved with a one story 3,285 square foot commercial building,a 360
square foo:accessory building,and a parking lot. Popular Creek forms the north and west
boundaries of he site. Accordingly, portions of the site are located within the 100 year
floodplain
B. Sewer and Water Standard. The suitability of the subject property for the intended zoning
district wih respect to the availability of adequate municipal water,wastewater treatment,
and storm wat►,r control facilities.
Findings. The subject property is suitable for the intended conditional use for a planned
development with respect to the sewer and water standard.
The subject property is served with municipal water,sanitary sewer,and storm water control
facilities.
C. Traffic mid Parking Standard. The suitability of the subject property for the intended
zoning di,trict with respect to the provision of safe and efficient on-site and off-site vehicular
circulation deigned to minimize traffic congestion.
Findings. The subject property is suitable for the intended conditional use for a planned
development with respect to the traffic and parking standard.
The subject property is located along Villa Street.Villa Street is an arterial street serving the
east side of Elgin.
Off-street parking is provided in conformance with the Off-Street Parking Ordinance. The
parking kit on the subject property will be expanded to create a total of 34 off-street parking
spaces on site,
D. Zoning History Standard. The suitability of the subject property for the intended zoning
district w Ith 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 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: B Residential District
1950: E Commercial District
1960: A Residential District
1961: A Residential District
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•
Findings of Fact Zoning and Subdivision Hearing Board
Petition 70-06 August 16, 2006
1962: B4 General Service Business District
1992: B4 General Service Business District
Present: CI Commercial Industrial District
ARC Arterial Road Corridor Overlay District
A one story retail building was built on the subject property in 1957.
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 conditional use for a planned
development with respect to consistency and compatibility with surrounding land use and
zoning.
The subject property is located north of Villa Street on the east side of the city and is zoned
CI Commercial Industrial District. The areas located north, south and east of the subject
property are also zoned CI Commercial Industrial District. The land to the north is
undeveloped while the areas located to the south and east are developed with commercial
uses,most of which are auto related businesses and services.
The area immediately west of the subject property is zoned CI Commercial Industrial
District. The area further west and adjacent to this is zoned MFR Multiple Family Residence
and is developed with Villa Garden Estates Trailer Park.
F. Trend of Development. The suitability of the subject property for the proposed 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 is suitable for the intended conditional use for a proposed
planned development with respect to the trend of development standard.
The Villa Street corridor located within the vicinity of the subject property is developed with
a mix of commercial and residential land 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.
Findings. The subject property is suitable for the intended conditional use for a planned
development with respect to conformance to the provision for the purpose and intent,and the
rah location and size of a zoning district.
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 70-06 August 16, 2006
The purpo:;e of the CI Commercial Industrial District is to provide for an existing pattern of
development in which certain commercial uses and industrial uses have located together.
The land ses provided for within the CI zoning district are also provided for within other
zoning districts, which in general are more in keeping with the purpose and intent of the
zoning ord inance and the goals,objectives and policies of the Official Comprehensive Plan.
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
according y,a property located within the district shall also be subject to the regulations of
the underlying zoning district in which it is located.
The current use of the subject property is in substantial conformance with the purpose and
intent of tie CI District, The site substantially conforms to the site design requirements of
the CI Dis trict..
H. Conditional Use for a Planned Development. The suitability of the subject property for the
intended conditional use for a planned development with respect to conformance for the
purpose a ad intent of the planned development.
No condi-4omq 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. Fo:r planned developments as a conditional use,the planned development should
demonstrate the following characteristics:
1. A i 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
stict.:application of the other chapters of this title.
2. The public benefit realized by the establishment of the planned development is
gt eater 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 of the ARC district is to ensure quality development along the entryway
corridors into the City of Elgin. The building design should demonstrate high quality
architecture on all elevations,with the use of primarily masonry building materials on the
exterior.
Findings: The subject property is suitable for the intended conditional use for a planned
developn lent with respect to conformance to the purpose and intent of a conditional use for a
planned 4leve lopment standard.
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 70-06 August 16, 2006
The proposed planned development is in conformance with the purpose and intent of the
planned development and arterial road corridor provisions. The proposed building addition
and new façade require planned development approval due to the site being located in an
ARC Arterial Road Corridor Overlay District. The applicant is proposing to use quality
masonry building materials on the new façade of the building and on the exterior elevations
of the addition.
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 conditional use for a planned
development with respect to the Comprehensive Plan Standard.
The subject property is designated as "Urban/Traditional" by the City of Elgin's
Comprehensive Plan and Design Guidelines dated 2005. The proposed planned
development is in conformance with this Comprehensive Plan designation.
r J. Natural Preservation. The suitability of the subject property for the 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 located on this property.
K. Internal Land Use. 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 proposed planned development with regard
to the internal land use standard.
The proposed development will be regulated by the terms and conditions of the planned
development ordinances controlling the use and development of a commercial area. The
planned development ordinance is intended to prevent undue detrimental influence on the
proposed internal land uses and on the surrounding properties. Note,also,that the site layout
has been designed to provide efficient traffic movements internally on the site.
r
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Findings of Fact Zoning and Subdivision Hearing Board
wl` Petition 70-06 August 16, 2006
prepared by Dahiquist and Lutzow Architects,Ltd.,dated June 12,2006. The base of
the graphic must include brick that matches brick used on the building façade.
Landscaping around the monument graphic must meet the landscaping requirements
of the graphic ordinance and shall be as approved by the Community Development
Group.
4. Monument style directional graphics must be posted to indicate"One-Way"access to
and from the development site and posted where otherwise necessary to insure proper
on-site vehicular circulation. The directional graphics must meet the requirements of
the graphic ordinance and shall be as approved by the Community Development
Group.
5. The refuse collection area must be enclosed with a 6 foot solid wall constructed of
the same building materials as the principal building.
6. Any fence on the subject property that is in disrepair shall be repaired,replaced,or
removed.
7. Compliance with all other applicable codes and ordinances.
Therefore, the motion to recommend approval was adopted.
Respectfully Submitted,
. I LI .
Robert Langlois, C airm J '"
Zoning and Subdivision Hearing Boars
Tom Armstrong, Secretary
es.. Zoning and Subdivision Hearing Bo. d
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