G47-08 Ordinance No. G47-08
AN ORDINANCE
GRANTING A CONDITIONAL USE FOR A MOTORCYCLE DEALER
IN THE NB NEIGHBORHOOD BUSINESS DISTRICT
(920 South McLean Boulevard)
WHEREAS, written application has been made requesting conditional use approval for a
motorcycle Dealer in the NB Neighborhood Business District; 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 June 4, 2008, 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 to permit a Motorcycle Dealer (5571) in the
NB Neighborhood Business District at 920 South McLean and legally described as follows:
That part of the Northwest Quarter of Section 27, Township 41 North, Range 8
East of the Third Principal Meridian, described as follows: Commencing at the
most Easterly Northeast corner of College Green Unit 1, being a subdivision of
part of said Northwest Quarter; thence North 85 degrees 27 minutes 26 seconds
West along a Northerly line of said Unit 1, a distance of 50.0 feet to the Westerly
right of way line of McLean Boulevard for the point of beginning, (said point also
being the Northeast corner of Lot 15, of said College Green Unit 1); thence
continuing North 85 degrees 27 minutes 26 seconds West along said North line of
Unit 1, a distance of 340.14 feet to a jog in said subdivision; thence North 04
degrees 58 minutes 47 seconds East along an East line of said subdivision 223.83
feet to the South line of Torrey Pines Drive (also being the Northeast corner of
Lot 7 in said Unit 1); thence South 85 degrees 01 minutes 54 seconds East along
the South line of Torrey Pines Drive a distance of 339.14 feet to the West line of
McLean Boulevard; thence Southerly along said West line being on a curve to the
left having a radius of 34,427.50 feet, an arc length of 221.31 feet to the point of
beginning; (the cord of the last described bearing South 04 degrees 43 minutes 29
seconds West 221.31 feet), in the City of Elgin, Kane County, Illinois.
be and is hereby granted subject to the following conditions:
1. Substantial conformance with the Statement of Purpose and Conformance,
prepared by Charles R. Stephenson, dated May 14, 2008.
2. Substantial conformance with the Site Plan, prepared by Robert P. Lizzo
Architect, dated May 14, 2008.
3. Substantial conformance to the Landscape Plan, prepared by Planning Resources
Inc., dated May 23, 2008. Landscaping must be installed prior to the issuance of
an occupancy permit.
4. Substantial conformance to the plan for the proposed fence along the west end of
the parking lot, prepared by Planning Resources Inc., dated May 23, 2008. The
fence must be installed prior to the issuance of an occupancy permit.
5. Test driving motorcycles or other vehicles shall not be allowed on the streets in
adjoining residential subdivisions.
6. Outdoor storage of supplies or equipment is prohibited.
7. Compliance with all applicable codes and ordinances.
Section 3. That the conditional use granted herein shall expire if not established
within one year 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.
jeCi=111J-
Ed Schock, Mayor
Presented: June 25, 2008
Passed: June 25, 2008
Vote: Yeas: 7 Nays: 0
Recorded: June 26, 2008
Published:
Attest:
Diane Robertson, City Clerk
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June 4, 2008
FINDINGS OF FACT
Zoning and Subdivision Hearing Board City of Elgin,Illinois
SUBJECT
Consideration of Petition 24-08 Requesting Conditional Use Approval to Allow a Motorcycle Dealer
in the NB Neighborhood Business District; Property located at 920 South McLean Boulevard by
Kane County Motor Sports /B2 Investments, LLC, as Applicant, and Thomas C. Zylstra, Beth A.
Zylstra, Robert C. Zylstra, and Marcia L. Zylstra, as Owners.
GENERAL INFORMATION
Requested Action: Conditional Use Approval
Current Zoning: NB Neighborhood Business District
ARC Arterial Road Corridor Overlay District
Proposed Zoning: NB Neighborhood Business District
ARC Arterial Road Corridor Overlay District
Existing Use: Vacant Commercial
Proposed Use: Motorcycle Dealer
Property Location: 920 South McLean Boulevard
Applicant: Kane County Motor Sports/B2 Investments, LLC
Thomas C. Zylstra, Beth A. Zylstra, Robert C. Zylstra, and
Owners: Marcia L. Zylstra
Staff Coordinator: Lydia Treganza, Associate Planner
LIST OF EXHIBITS
A. Location Map (see attached)
B. Zoning Map (see attached)
C. Parcel Map (see attached)
EXHIBIT A
Findings of Fact Zoning and Subdivision Hearing Board
Petition 24-08 June 4, 2008
D. Aerial Photo (see attached)
E. Environmental Photo (see attached)
F. Site Photos (see attached)
G. Statement of Purpose and Conformance (see attached)
H. Development Plan (see attached)
I. Draft Conditional Use Ordinance (see attached)
J. Related Correspondence (see attached)
BACKGROUND
An application has been filed by Kane County Motor Sports / B2 Investments, LLC, requesting
conditional use approval to allow a motorcycle dealer in the NB Neighborhood Business District.
The property is located at 920 South McLean Boulevard (reference Exhibits A, B, C, D, and E).
The applicant is requesting to operate a motorcycle dealership on the subject property that will sell
and service new and used motorcycles,all terrain vehicles,snowmobiles and personal watercraft,and
associated parts and accessories. Brands that will be sold include Suzuki,Polaris,BRP(Bombardier)
and KTM. The proposed hours of operation for this business are from 9:00 a.m. to 7:00 p.m.,
Monday through Saturday. The business will be closed on Sundays.
The proposed business will be located in a building that is currently vacant. The two previous
owners for the property also operated motorcycle dealerships. The building at this location was
designed and built to accommodate the original owner's motorcycle dealership. Therefore,there are
no plans to change the building at this time. However,the applicant is proposing to add a significant
amount of landscaping along the west and south sides of the property to screen the subject property
from the residences that surround it. Additionally, since the existing 6 foot fence sits at the bottom
of a sloped area along the west side of the property, it is ineffective as a screen. Therefore a six foot
(6')fence will be added adjacent to the parking lot to screen the subject property from the residences
to the west (reference Exhibits F, G, H, I and J).
Conditional use approval is required for this land use to be allowed in the NB District. The purpose
and intent of the provisions for conditional use approval is to recognize that there are certain uses
which cannot be properly classified without individual review and consideration.
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 24-08 June 4, 2008
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GENERAL FINDINGS
After due notice, as required by law,the Zoning and Subdivision Hearing Board conducted a public
hearing in consideration of Petition 24-08 on June 4, 2008. The applicant testified at the public
hearing and presented documentary evidence in support of the application. Objectors were present.
The Community Development Group submitted a Conditional Use Review dated May 21, 2008.
The Zoning and Subdivision Hearing Board has made the following general findings:
A. Zoning History Standard. The suitability of the subject property for the intended
conditional use 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 conditional use with respect to
the length of time the property has remained undeveloped or unused in its current zoning
district.
1927: Out of City
1950: Out of City
1960: Out of City
1962: Out of City
1992: B1 Retail Business District
Present: NB Neighborhood Business District
ARC Arterial Road Corridor Overlay District
The subject property was annexed and zoned B3 Service Business District in 1974. The
property was rezoned to B1 Retail Business District in 1988. This B1 zoning classification
of the property was associated with the preliminary platting and zoning for College Green
Subdivision. The subject property was rezoned to NB Neighborhood Business District in
1992 as part of a comprehensive amendment to the zoning ordinance.
B. Surrounding Land Use and Zoning Standard. The suitability of the subject property for
the intended conditional use with respect to consistency and compatibility with surrounding
land use and zoning.
Findings. The subject property is suitable for the intended conditional use with respect to
consistency and compatibility with surrounding land use and zoning.
The area north of the subject property is zoned PNB Planned Neighborhood Business
District. This area is developed with a retail center that includes such uses as the Bunge Auto
Center,Payless Liquor,Holsum Outlet,Hot Diggity Dog,Life Source, and Trendsetter Spa.
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 24-08 June 4, 2008
The areas south and west of the subject property are zoned RC1 Residence Conservation
District. These areas are developed with single family residences that are part of the College
Green Subdivision.
The area northeast of the subject property is zoned ORI Office Research Industrial District.
This land is developed with the Buesche Motor Home Court. The area east of the subject
property is zoned PORI Planned Office Research Industrial District. This area is developed
with a commercial subdivision owned by the Loyal Order of Moose,Elgin Lodge 799. The
lot directly south of the commercial subdivision is vacant. The area southeast of the subject
property is zoned GI General Industrial District. This land is developed with an industrial
subdivision owned by Fox Bluff Corporate Center.
The motorcycle dealership is in keeping with the land uses and zoning designations that
surround the subject property.
C. Trend of Development Standard. The suitability of the subject property for the intended
conditional use 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 with respect to
the trend of development standard.
The subject property is located within an area that is developed with residential,commercial,
industrial, and recreational uses.
D. Zoning District Standard. The suitability of the subject property for the intended
conditional use 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 conditional use with respect to
the length of time the property has remained undeveloped or unused in its current zoning
district.
The purpose of the NB Neighborhood Business district is to provide for commercial areas
supplying daily convenience commodities and services to a neighborhood population. The
scale of development of an NB zoning district is limited by the applicable site design
regulations due to its function and resulting close proximity to residences.
E. Site Characteristics Standard. The suitability of the subject property for the intended
conditional use with respect to its size, shape, significant features including topography,
watercourses, vegetation, and existing improvements.
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 24-08 June 4, 2008
Findings.The subject property is suitable for the intended conditional use with respect to the
site characteristics standard.
The subject property is a corner lot containing approximately 75,547 square feet of land. The
property is improved with a 16,238 square foot commercial building and related accessory
off-street parking. The land on the east end of the property is bermed. The land on the
southeast end and on the west end of the property contain significant drops in topography.
F. Sewer and Water Standard. The suitability of the subject property for the intended
conditional use 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 conditional use with respect to
the sewer and water standard.
The subject property is served by municipal water, sanitary sewer and storm water
control services.
G. Traffic and Parking Standard. The availability of the subject property for the intended
conditional use 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 conditional use with respect to
the traffic and parking standard.
The subject property is located at the southwest corner of South McLean Boulevard and
Torrey Pines Drive. South McLean Boulevard is an arterial street that serves the west side of
Elgin. Torrey Pines Drive is a local street and is one of two entrances into College Green
Subdivision from South McLean Boulevard.
Off street parking will be provided in conformance with the off street parking ordinance.
H. Comprehensive Plan Standard. The suitability of the subject property for the intended
conditional use 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 with respect to
the Comprehensive Plan Standard.
The subject property is located in an area designated "Low Density Residential" (2.1
dwelling units to 4 dwelling units per net acre) and"Transportation Corridor"by the City's
Comprehensive Plan and Design Guidelines dated 2005. In the low density residential land
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 24-08 June 4, 2008
category, neighborhood commercial centers are listed under other uses that are allowed.
Transportation corridors connect mixed-use centers and provide part of the guiding
framework for growth and development within designated areas. Transportation corridor
designations are intended to optimize public transit and to move people in a timely and
efficient manner.
The proposed land use is in keeping with the goals, objectives, and policies of these
comprehensive plan designations.
Location,Design, and Operation Standard. The suitability of the subject property for the
intended conditional use with respect to it being located, designed, and operated so as to
promote the purpose and intent of this title and chapter.
Findings.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 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.
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. Conditional use approval is required to establish a motorcycle dealership
in the NB Neighborhood Business District. The proposed business will be located in a
building that is currently vacant. The two previous owners for the property also operated
motorcycle dealerships. The building at this location was designed and built to
accommodate the original owner's motorcycle dealership. Therefore, there are no plans to
change the building. However, the applicant is proposing to add a significant amount of
landscaping along the west and south sides of the property to screen the subject property
from the residences that surround it. Additionally, since the existing 6 foot fence sits at the
bottom of a sloped area along the west side of the property, it is ineffective as a screen.
Therefore a six foot(6') fence will be added adjacent to the parking lot to screen the subject
property from the residences to the west
B. Summary of Unresolved Issues.
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 24-08 June 4, 2008
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.
DECISION
The Zoning and Subdivision Hearing Board recommends the approval of Petition 24-08. On a
motion to recommend approval of the conditional use, subject to the following conditions,the vote
was six (6) yes and zero (0) no:
1. Substantial conformance with the Statement of Purpose and Conformance,prepared by
Charles R. Stephenson, dated May 14, 2008.
2. Substantial conformance with the Site Plan,prepared by Robert P.Lizzo Architect,dated
May 14, 2008.
3. Substantial conformance to the Landscape Plan, prepared by Planning Resources Inc.,
dated May 23, 2008. Landscaping must be installed prior to the issuance of an
occupancy permit.
4. Substantial conformance to the plan for the proposed fence along the west end of the
parking lot,prepared by Planning Resources Inc., dated May 23, 2008. The fence must
be installed prior to the issuance of an occupancy permit.
5. Test driving motorcycles or other vehicles shall not be allowed on the streets in adjoining
residential subdivisions.
6. Outdoor storage of supplies or equipment is prohibited.
7. Compliance with all applicable codes and ordinances.
Therefore, the motion to recommend approval was adopted.
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 24-08 June 4, 2008
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s/Robert Langlois
Robert Langlois, Chairman
Zoning and Subdivision Hearing Board
s/ Sarosh Saher
Sarosh Saher, Secretary
Zoning and Subdivision Hearing Board
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