G33-09i
Ordinance No. G33-09
• AN ORDINANCE AMENDING
CONDITIONAL USE FOR A PLANNED DEVELOPMENT ORDINANCE NO. 92-06
TO PERMIT THE CONSTRUCTION OF AN OFFICE BUILDING WITH AN
UNDERGROUND DETENTION FACILITY IN THE
RB RESIDENTIAL BUSINESS DISTRICT AND THE ARC
ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT
(500 North McLean Boulevard)
WHEREAS, written application has been made for a conditional use for a planned
development which will allow for the construction of an office building with an underground
detention facility within the RB Residential Business District and the ARC Arterial Road Corridor
Overlay District at 482 & 500 North McLean Boulevard; 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 March 18, 2009, 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 Ordinance No. 92-06 entitled `'An Ordinance Granting a Conditional Use
for a Planned Development to Permit the Construction of an Office Building in the RB Residential
Business District and the ARC Arterial Road Corridor Overlay District," passed November 29,
2006, be and is hereby repealed
Section 3. That a conditional use for a planned development which will allow for the
construction of an office building with an underground detention facility within the RB Residential
Business District and the ARC Arterial Road Corridor Overlay District at 482 & 500 North
McLean Boulevard and legally described as follows:
That part of the South 496.5 feet of the East Half of the Southwest Quarter of Section 10,
Township 41 North, Range 8 East of the Third Principal Meridian, described as follows:
Beginning at a point in the West line of McLean Boulevard, 370 feet North of the South line
of the Southwest Quarter of said Section 10; thence West parallel with the South line of the
Southwest Quarter of said Section 10, a distance of 262 feet; thence North to a point in the
North line of the South 496.5 feet of the East Half of the Southwest Quarter of Said Section
10, which is 266.8 feet West of the West line of the McLean Boulevard; thence East along
the North line of the South 496.5 feet of the East Half of the Southwest Quarter of said
•
Section, 266.8 feet to the West line of McLean Boulevard; thence South along the West line
i
of McLean Boulevard, 126.5 feet to the Place of Beginning, in the City of Elgin, Kane
• County, Illinois
That part of the East Half of the Southwest Quarter of Section 10, Township 41 North,
Range 8 East of the Third Principal Meridian, described as follows: Beginning at a point in
the West line of McLean Boulevard, 222.3 feet North of the South line of said Southwest
Quarter; thence West, parallel with the South line of said Quarter Section, a distance of
262.0 feet; thence Northwesterly along a line that forms a angle of 67 degrees 51 minutes 50
seconds to the right, with the prolongation of the last described line, a distance of 146.53
feet; thence East, parallel with the South line of said Quarter Section, a distance of 60.0 feet;
thence Northerly along a line that forms a angle of 90 degrees 24 minutes to the left, with
the prolongation of the last described line, a distance of 12.0 feet; thence East, parallel with
the South line of said Quarter Section, a distance of 262.0 feet to the West line of McLean
Boulevard; thence South along said West line of McLean Boulevard, a distance of 147.7
feet to the Place of beginning (except the Southerly 24 feet of even width thereof measured
along the Easterly border line), in the Township of Elgin, Kane County, Illinois (Property
Commonly Known as 482-500 North McLean Boulevard).
be and is hereby granted subject to the following conditions:
1. Substantial conformance to the Statement of Purpose and Conformance submitted
by Peter Bazos on October 24, 2006.
• 2. Substantial conformance to the development plan for 482 & 500 North McLean
Boulevard prepared by Monarch Design & Construction, LLC, consisting of a
Conceptual Site Plan dated revised November 10, 2006, an Architectural Design
Concept Building Elevation Sheet dated October 6, 2006, and a Floor Plans Sheet
dated October 6, 2006.
3. Substantial conformance to the Preliminary Landscape Plan prepared by Walsh
Landscape Construction dated revised October 4, 2006, with the following
requirement added: In the required transition landscape yards along the north and
west lot lines of the subject property, the compact continuous hedge must consist
of shrubs that, aside from being installed at three and one half foot centers, must
also be installed at a minimum four foot height and must be maintained at a
minimum eight foot height.
4. Substantial conformance to the proposed monument style graphic elevation
drawing prepared by Monarch Design & Construction, LLC, dated November 10,
2006. This graphic cannot exceed 40 square feet of surface area. Landscaping
around the monument graphic must meet the landscaping requirements of the
graphic ordinance; a proposed graphics landscape plan must be submitted to and
approved by the Community Development Group.
5. The refuse collection area must be enclosed with a fence or wall at a maximum
• structural height of 6 feet.
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Additional Conditions:
• 1. Substantial conformance to the Statement of Purpose and Conformance submitted
by Mr. George Arsoniadis dated December 4, 2008, with attached letter from
Jeffrey T. Kline of V3 Companies of Illinois, dated November 17, 2008. Where
there is a conflict with the previously approved Statement of Purpose dated
October 24, 2006, and the Statement of Purpose dated December 4, 2008, the
Statement of Purpose dated December 4, 2008 shall supersede and control.
2. Substantial conformance to the Landscape Plan prepared by Walsh Landscape
Construction, Inc., dated July 10, 2006, with latest revisions dated February 6,
2009. Where there is a conflict with the previously approved Landscape Plan
dated October 4, 2006, and the latest revisions dated February 6, 2009, the latest
revisions dated February 6, 2009 shall supersede and control. Such landscape
plan shall be further revised to provide for the additional green space area as noted
in the following condition hereof.
3. Substantial conformance to the Geometric and Paving Plan, Sheet C2, and
Drainage and Utility Plan, Sheet C3, prepared by Applied Engineering Services,
Ltd., dated October 20, 2008, revised January 19, 2009, as further revised by the
Site Plan consisting of one sheet entitled "Settlement Proposal" prepared by
Applied Engineering Services, Ltd., dated April 28, 2009, a copy of which is
attached hereto and made a part hereof as Exhibit B ("Settlement Proposal Site
• Plan"). For the purposes of clarification this condition and the approved plans
shall provide and allow for 99 parking spaces on the Subject Property.
Additionally, the cross-hatched area on the attached Settlement Proposal Site Plan
shall be established, maintained and remain as "green space" and shall be planted
and maintained with grass or other landscaping as the owner may select.
4. Substantial conformance to the drawing entitled Proposed Trash Enclosure, dated
received January 27, 2009, and as revised by the Settlement Proposal Site Plan
attached hereto as Exhibit 1 whereby the trash enclosure is being reduced in size
from double width to single width. The trash enclosure shall comply with all
applicable requirements of law including, but not limited to, any fireproofing
requirements.
5. "Food Stores" (54) shall be and are hereby removed as a permitted use in this
planned development district and shall be deemed, considered and authorized only
as a conditional use.
6. The current usable square footage of the building on the Subject Property,
(exclusive of common areas) is 17,955 square feet. The number of required off-
street parking spaces for the Subject Property for a use as `'offices for doctors"
shall be 5.5 parking spaces for each 1,000 square feet of such portion of the
building on the Subject Property so used. If the entire building on the Subject
• Property is so used for "doctors offices", 99 off-street parking spaces shall be
required.
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7. Compliance with all other applicable codes and ordinances.
•
Section 4. That the conditional use granted herein shall expire if not established within two
years from the date of passage of this ordinance.
Section 5. That this ordinance shall be in full force and effect immediately after its passage
in the manner provided by law.
En chock, Mayor
Presented: May 13, 2009
Passed: May 13, 2009
Vote: Yeas: 7 Nays: 0
Recorded: May 14, 2009 x
Published:
Attest:
Diane Robertson, City Cl rk
•
•
• March 18, 2009
FINDINGS OF FACT
Zoning and Subdivision Hearing Board City of Elgin, Illinois
SUBJECT
Consideration of Petition 02-09 Requesting the Repeal of Conditional Use for Planned Development
Ordinance No. G92-06; and Requesting a Conditional Use for a Planned Development in the RB
Residence Business District and the ARC Arterial Road Corridor Overlay District, to Permit the
Construction of an Underground Detention Facility for the Newly Constructed Office Building;
Property Located at 500 North McLean Boulevard,by Esther Zamudio,as Applicant,and by EZAM
Properties, LLC, as Owner.
BACKGROUND
Requested Action: Conditional Use Approval
Current Zoning: RB Residence Business District
• ARC Arterial Road Corridor Overlay District
Existing Use: New Office Buildiniz under Construction
Proposed Use: New Office Building
Property Location: 500 North McLean Boulevard
Applicant: Esther Zamudio
Owner: EZAM Properties, LLC
Staff Coordinator: Sarosh Saher, Senior Planner
LIST OF EXHIBITS
A. Location Map (see attached)
B. Zoning Map (see attached)
C. Parcel Map (see attached)
• D. Aerial Map (see attached)
EA XHIBIT
Findings of Fact Zoning and Subdivision Hearing Board
• Petition 02-09 March 18, 2009
E. Environmental Map (see attached)
F. Site Photos (see attached)
G. Statement of Purpose and Conformance and Development Plan (see attached)
H. Draft Conditional Use Ordinance (see attached)
L Related Correspondence (see attached)
BACKGROUND
An application has been filed by Esther Zamudio, requesting a conditional use for a planned
development in the RB Residence Business District and the ARC Arterial Road Corridor Overlay
District,to permit the construction of an underground detention facility for the new office building.
The property is located at 500 North McLean Boulevard(reference Exhibits A, B, C, D, E and F).
The applicant is in the process of developing the 1.6 acre site at the northwest corner of McLean
Boulevard and Plymouth Lane with an approximately 22,250 square foot commercial building.
Conditional use approval was granted in 2006 for the construction of the new office building,
surface parking lots, surface detention facilities and landscape material. The applicant is now
requesting a change in the on-site detention facility from a surface to an underground facility. The
change in the detention facility will provide additional parking on the property. The applicant is
requesting conditional use approval for this modification to the site plan (reference Exhibits G, H
and 1).
GENERAL FINDINGS
After due notice,as required by law,the Zoning and Subdivision Hearing Board conducted a public
hearing in consideration of Petition 02-09 on March 4, 2009. The applicant testified at the public
hearing and presented documentary evidence in support of the application. Objectors to the petition
were present. The Community Development Group submitted a Conditional Use Review dated
February 27, 2009.
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.
•
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Findings of Fact Zoning and Subdivision Hearing Board
• Petition 02-09 March 18, 2009
Findings. The subject property is suitable for the intended conditional use and conditional
use for a planned development with respect to the site characteristics standard.
The subject property is an irregularly shaped parcel consisting of approximately 1.6 acres of
lot area. The lot is being developed with a new commercial building, parking lots and
detention facilities.
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 conditional use and 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 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 not suitable for the intended conditional use and
conditional use for a planned development with respect to the traffic and parking standard.
The subject property is located along McLean Boulevard and Plymouth Lane. McLean
Boulevard is an arterial street serving the west side of Elgin. Plymouth Lane is a private
road that provides access to the Tyler Towers Condominiums. The property has one point of
access onto McLean Boulevard.
Off-street parking will be provided in excess of what the Off-Street Parking Ordinance
requires and will provide additional paved surface on the property.
A 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 conditional use and 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
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Findings of Fact Zoning and Subdivision Hearing Board
• Petition 02-09 March 18, 2009
1950: Out
1960: Out
1961: Out
1962: Out
1992: B3 Service Business District
Present: RB Residence Business District
ARC Arterial Road Corridor Overlay District
The subject property was annexed into the city on April 14, 1966 and the property at 500
North McLean Boulevard was annexed into the city on March 8, 1972. The property owner
received planned development approval on November 30, 2006 of the development of the
property with the new office building.
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 and conditional
use for a planned development with respect to consistency and compatibility with
• surrounding land use and zoning.
The property to the north is zoned PMFR Planned Multiple Family Residence District to
provide for the proposed development of an independent senior living facility and currently
remains vacant. The property located to the west is zoned MFR Multiple Family Residence
District and is developed with the seven story Tyler Towers Condominium building. The
properties to the northeast and south are zoned RB Residence Business District and
developed with office buildings and residences respectively. The property to the southeast is
zoned CF Community Facility District and contains the facilities of Kimball Middle School.
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 and conditional
use for a proposed planned development with respect to the trend of development standard.
The subject property is located within the McLean Boulevard corridor that is developed with
a mix of commercial, residential and institutional 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.
•
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Findings of Fact Zoning and Subdivision Hearing Board
• Petition 02-09 March 18, 2009
Findings. The subject property is suitable for the intended conditional use with respect to
conformance to the provision for the purpose and intent, and the location and size of a
zoning district.
The purpose of the RB Residence Business District is to conserve the residential character of
certain properties located within transportation corridors as designated by the Official
Comprehensive Plan by providing various use alternatives,but with site design regulations
in keeping with a residential environment.
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
accordingly, a property located within the district shall be subject to the regulations of the
underlying zoning district in which it is located.
No changes are proposed to the location, design and operation of the new commercial
building or its intended land uses on this zoning lot in the RB district.
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 and intent of the planned development.
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 not suitable for the conditional use for a planned
development and for the intended conditional uses with respect to conformance to the
purpose and intent of a conditional use for a planned development standard.
The applicant is proposing to remove the two surface detention ponds previously approved
• and to provide an underground stormwater detention facility located beneath the parking lot
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Findings of Fact Zoning and Subdivision Hearing Board
• Petition 02-09 March 18, 2009
at the rear of the property. The remaining area will be redesigned to provide for parking
spaces at the rear of the property.
The proposed changes to the site design will result in an increase in impermeable paved
surface for the parking lot and a decrease in permeable surfaces where the previously
approved detention ponds and surrounding landscaped areas were located.
I. 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 and conditional
use for a planned development with respect to the Comprehensive Plan Standard.
The subject property is designated as "Low Density Residential (2.1 —4 dwelling units/net
acres) by the Comprehensive Plan and Design Guidelines (2005). The Low Density
Residential designation provides for the development of conventional single family detached
houses. This category may include neighborhood commercial centers,churches and schools
in locations deemed appropriate by the City.
• I 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 not suitable for the intended conditional use and proposed
planned development with regard to the natural preservation standard.
The changes to the site design will reduce the amount of landscaped area and pervious area
on the westerly portion of the subject property.
K. Location,Design, and Operation. 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 not suitable for the proposed planned development with
regard to the internal land use standard.
Evidence has been submitted or found that the proposed conditional use will be located,
designed and operated in a manner that will exercise undue detrimental influence on itself or
surrounding property by increasing the amount of impervious area for parking and
decreasing the amount of pervious area comprising of the detention ponds and landscaped
• areas.
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I
Findings of Fact Zoning and Subdivision Hearing Board
• Petition 02-09 March 18, 2009
PLANNED DEVELOPMENT DEPARTURES AND EXCEPTIONS
A planned development may be granted certain departures from the normal standards, regulations,
requirements, and procedures of the zoning ordinance. This planned development is zoned as a
conditional use in the RB Residence Business District and the ARC Arterial Road Corridor Overlay
District.
The following departures from the normal standards, regulations and requirements of the zoning
ordinance were previously approved in November 2006, for the construction of the building and
vehicle use areas.
No additional departures are being requested by the applicant at this time.
I. Section 19.12.400 (E) (1) Vehicle Use Area Street Setback Exceptions: Extended
Setbacks. For a zoning lot within a business district which adjoins a residence district along
the same street frontage, the minimum required vehicle use area setback for the business
should be equal to the minimum required building setback of the adjoining residence. A 72
• foot vehicle use area street setback is required along the entire length of the subject property
adjacent to McLean Boulevard. The applicant is proposing to maintain a 25 foot vehicle use
area setback along this lot line. (A 188% departure).
II. Section 19.35.235 (B) (C) Lot Width. In the RB Residence Business zoning district, the
lot width for a zoning lot shall not exceed 145 linear feet. The subject property has a lot
width of 250 feet. (A 73% departure).
111. Section 19.35.235 (I) (4) Floor Area: Nonresidential Zoning Lot. In the RB Residence
Business zoning district,the maximum floor area allowed for a 39,102 square foot residential
business zoning lot is 8,208.5 square feet. The floor area for the building structure is 21,000
square feet. (A 156% departure). [For purposes of this calculation, the lot area has been
reduced so as to recognize maximum lot width of 145 feet.]
•
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a. �
Findings of Fact Zoning and Subdivision Hearing Board
Petition 02-09 March 18, 2009
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. Traffic and Parking Standard:Off-street parking will be provided in excess of what
the Off-Street Parking Ordinance requires and will provide additional paved surface
on the property.
2. Conditional Use for a Planned Development Standard:The applicant is proposing to
remove the two surface detention ponds previously approved and to provide an
underground stormwater detention facility located beneath the parking lot at the rear
of the property. The remaining area will be redesigned to provide for parking spaces
at the rear of the property.
The proposed changes to the site design will result in an increase in impermeable
paved surface for the parking lot and a decrease in permeable surfaces where the
• previously approved detention ponds and surrounding landscaped areas were located.
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.
DECISION
The Zoning and Subdivision Hearing Board does not recommend approval of Petition 02-09. On a
motion to recommend approval of the conditional use for a planned development, subject to the
following conditions, the vote was two (2) yes and three (3) no:
1. Substantial conformance to the Statement of Purpose and Conformance submitted by Mr.
George Arsomadis dated December 4,2008,with attached letter from Jeffrey T.Kline of V3
Companies of Illinois, dated November 17, 2008.
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Findings of Fact Zoning and Subdivision Hearing Board
• Petition 02-09 March 18, 2009
2. Substantial conformance to the Landscape Plan prepared by Walsh Landscape Construction,
Inc., dated July 10, 2006, with latest revisions dated February 6, 2009.
3. Substantial conformance to the Geometric and Paving Plan, Sheet C2, and Drainage and
Utility Plan, Sheet C3,prepared by Applied Engineering Services, Ltd., dated October 20,
2008 and last revised on January 19, 2009.
4. Substantial conformance to the drawing entitled Proposed Trash Enclosure, dated received
January 27, 2009.
5. Compliance with all other applicable codes and ordinances.
Therefore, the motion to recommend approval was denied.
Respectfully Submitted,
s/Daniel Weiler
Daniel Weiler, Chairman Pro Tern
Zoning and Subdivision Hearing Board
s/Matthew Fitzgibbon
Matthew Fitzgibbon, Secretary
Zoning and Subdivision Hearing Board
•
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