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G28-12 i Ordinance No. G28-12 AN ORDINANCE CLASSIFYING PROPERTY IN THE PGI PLANNED GENERAL INDUSTRIAL DISTRICT (440 South McLean Boulevard) WHEREAS, written application has been made to reclassify certain property located at 440 South McLean Boulevard classified as PGI Planned General Industrial District; and WHEREAS, the Planning & Zoning Commission has conducted a public hearing concerning said application and has submitted its written findings and recommendation that the subject property be reclassified; and WHEREAS, the City Council of the City of Elgin has reviewed the findings and recommendation of the Planning & Zoning Commission and concurs in such recommendations. 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 April 2, 2012, made by the Planning & Zoning Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. • Section 2. That Chapter 19.08, Section 19.08.020 entitled "Zoning District Map" of the Elgin Municipal Code, as amended, be and the same is hereby further amended by adding thereto the following paragraph: "The boundaries hereinafter laid out in the 'Zoning District Map', as amended, be and are hereby altered by including in the PGI Planned General Industrial District the following described property: PARCEL TWO: THAT PART OF LOT 1 IN BLOCK A OF BURNIDGE BROTHERS INDUSTRIAL PARK, BLOCK A AND BLOCK B OF UNIT NO. 1, ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 13, 1963 AS DOCUMENT 1014426, DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST NORTHERLY CORNER OF SAID LOT l; THENCE SOUTHEASTERLY ALONG THE NORTHERLY LINE OF SAID LOT, 210.97 FEET TO AN ANGLE IN SAID NORTHERLY LINE; THENCE SOUTHERLY ALONG A LINE THAT FORMS AN ANGLE OF 46 DEGREES 24 MINUTES TO THE RIGHT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE, 561.03 FEET FOR THE POINT OF BEGINNING; THENCE EASTERLY AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE, 445.08 FEET TO THE EASTERLY LINE OF SAID LOT 1; THENCE SOUTHWESTERLY ALONG SAID EASTERLY LINE, 257.64 FEET TO THE SOUTHEAST CORNER OF SAID LOT 1: THENCE WESTERLY ALONG THE • SOUTH LINE OF SAID LOT 1, 367.91 FEET; THENCE NORTHERLY ALONG A LINE FORMING AN ANGLE OF 89 DEGREES 59 MINUTES 30 SECONDS TO THE • RIGHT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE, 245.46 FEET TO THE POINT OF BEGINNING, (EXCEPT PART CONVEYED TO CITY OF ELGIN BY DEED DOCUMENT 1768968 RECORDED MAY 1, 1986), IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. (Property commonly known as 440 South McLean Boulevard)" Section 4. That the City Council of the City of Elgin hereby grants the rezoning of the PGI District for the property commonly known as 440 South McLean Boulevard, and legally described above, which shall be designed developed, and operated subject to the following provisions: A. Purpose and Intent. The purpose of this PGI Planned General Industrial District is to provide a planned industrial environment for those industrial uses that do not require the location or environment of an ORI Office Research Industrial District. A PGI zoning district is most similar to, but departs from the standard requirements of the GI zoning district. B. Supplementary Regulations. Any word or phrase contained herein, followed by the symbol [SR] shall be subject to the definitions, and the additional interpretive requirements provided in Chapter 19.90, Supplementary Regulations, of the Elgin Municipal Code, as amended. The exclusion of such symbol shall not exempt such word or phrase from the applicable supplementary regulation. • C. General Provisions. In this PGI District, the use and development of land and structures shall be subject to the provisions of Chapter 19.05, General Provisions, of the Elgin Municipal Code, as may be amended from time to time. D. Zoning Districts - Generally. In this PGI Planned General Industrial District, the use and development of land and structures shall be subject to the provisions of Chapter 19.07, Zoning Districts, as may be amended from time to time. E. Location and Size of District. PGI Planned General Industrial Districts should be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate PGI District exclusive of rights of way, but including adjoining land or land directly opposite a right of way shall not be less than two acres. No departure from the required minimum size of a planned industrial district shall be granted by the City Council. F. Land Use. In this PGI Planned General Industrial District, the use and development of land and structures shall be subject to the provisions of Chapter 19.10, Land Use, of the Elgin Municipal Code, as amended. The only permitted, conditional, and similar land uses allowed within this PGI zoning district shall be those permitted, conditional, and similar land uses listed in Chapter 19.40.300, GI General Industrial District. In addition thereto, the following land use shall also be permitted on and restricted exclusively to 440 S. McLean Boulevard: • Retail Trade Division: Motor Vehicle Service Station (554) encompassing the gas station and • convenience store. G. Site Design. In this PGI Planned General District, the use and development of land and structures shall be subject to the provisions of Section 19.12, Site Design, of the Elgin Municipal Code, as amended. In this PGI Planned General Industrial District; the use and development of land and structures shall also be subject to Section I., Supplementary Conditions, of this Ordinance. H. Off Street Parking. In this PGI Planned General Industrial District; off street parking shall be subject to the provisions of Chapter 19.45, Off Street Parking, of the Elgin Municipal Code, as may be amended, except as provided within this section. The location and design of driveways and off street parking facilities shall be subject to Section I., Supplementary Conditions, of this ordinance. I. Supplementary Conditions. The following supplementary conditions shall also apply to the use and development of land and structures within this PGI zoning district: 1. Substantial Conformance to the Petitioner's Statement of Purpose and Conformance, submitted with the development application, prepared by Ambrose Design Group LLC, dated received January 27, 2012. In the event of any conflict between such Statement of Purpose and • Conformance in this ordinance or other applicable city ordinances, this ordinance or other applicable city ordinances shall supersede and control. 2. Substantial Conformance to the Letter of Authorization, dated received January 27, 2012. In the event of any conflict between such Letter of Authorization and this ordinance or other applicable city ordinances, this ordinance or other applicable city ordinances shall supersede and control. 3. Substantial Conformance to the Site Plan sheet C-2, prepared by Northwestern Engineering Consultants P.C., dated March 14, 2012; Grading and Drainage Plan, Sheet C-3 dated March 14, 2012, Utility Plan, Sheet C-4 dated March 14, 2012, Stormwater Pollution Prevention Plan, Sheet C-5 dated March 14, 2012, Details Sheet C-6 dated December 11, 2011, Demolition Plan, sheet C-7, dated March 14, 2012. 4. Substantial Conformance to the Landscape Plans, prepared by Heller & Associates LLC, dated March 16, 2012, Sheet L100 and L101. 5. Substantial Conformance to the Exterior Elevations, prepared by Paul R. Glenn Architects Inc., dated March 15, 2012, Sheet A-1 Floorplan, Sheet A-3 Trash Enclosure Plan; Elevation, Details, Sheet Y-1 Canopy Elevations Sheet C-1; Sheet FS-1 Sign Plan, prepared by Ambrose Design • Group dated March 27, 2012. • 6. Compliance with all other applicable codes and ordinances. J. Off Street Loading. In this PGI Planned General Industrial District, off street loading shall be subject to the provisions of Chapter 19.47, Off-Street Loading, as may be amended from time to time. K. Signs. In this PGI Planned General Industrial District, graphics shall be subject to the provisions of 19.50, Street Graphics, as may be amended from time to time. L. Planned Developments. In this PGI Planned General Industrial District, the use and development of the land and structures shall be subject to the provisions of Chapter 19.60, Planned Developments, as may be amended from time to time. A conditional use for a planned development may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PGI zoning district and without necessitating that all other property owners authorize such an application. M. Conditional Uses. In this PGI Planned General Industrial District, application for conditional uses shall be subject to the provisions of Chapter 19.65, Conditional Uses, as may be amended from time to time. A conditional use may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PGI zoning district and without necessitating that all other • property owners authorize such an application. N. Variations. In this PGI Planned General Industrial District, application for variation shall be subject to the provisions of Chapter 19.70, Variations, as may be amended from time to time. A variation may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PGI zoning district and without necessitating that all other property owners authorize such an application. O. Appeals. Any requirement, determination, or interpretation associated with the administration and enforcement of the provisions of this ordinance may be appealed subject to the provisions of Chapter 19.75, Appeals, as may be amended from time to time. Section 5. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. David J. Ka m, Kfayor • Presented: May 9, 2012 • Passed: May 9, 2012 ® - Omnibus Vote: Yeas: 6 Nays: 0 Recorded: May 9, 2012 Published: May 11, 2012 .,, r, Attest: m Kimberly Dewis, ity Clerk • April 2, 2012 ^S FINDINGS OF FACT Planning& Zoning Commission City of Elgin,Illinois SUBJECT Consideration of Petition 13-12 Requesting an Map.Amendment in the GI General Industrial District; Property Located at 440 South McLean Boulevard; by Ambrose Design Group, LLC, as Applicant, and RDK Ventures, LLC as Owner. GENERAL INFORMATION Requested Action: Map Amendment Current Zoning: GI General Industrial District Proposed Zoning PGI General Industrial District ARC Arterial Road Corridor Overlay District Proposed Use: Motor Service Station ( . Existing Use: Surface Parking Lot Property Location: 440 South McLean Boulevard Applicant: Ambrose Design Group. LLC Owner: RDK Ventures. LLC Staff Coordinator: Dave Waden. Senior Planner LIST OF EXHIBITS A. Aerial Photo/Location Map (see attached) B. Zoning Map (see attached) C. Parcel Map (see attached) D. Site Photos (see attached) E. Statement of Purpose and Attachments (see attached) F. Draft Zoning Ordinance (see attached) Exhibit A Findings of Fact Planning & Zoning Commission Petition 13-12 April 2, 2012 • �` BACKGROUND An application has been filed by Ambrose Design Group, LLC, Inc., seeking a map amendment in the GI General Industrial District. The property is located at 440 South McLean Boulevard. (Reference Exhibits A, B. C and D). The applicant is proposing to develop a motor service station. The station will be branded; as Shell Oil-Circle K. Circle K will be the operator of the proposed convenience store. Shell gasoline will be sold at the pump islands. The store and gas sales are planned to be open 24 hours. The estimate maximum number of employees would be four during peak hours, and two during regular hours. An expected average of two hundred customers could frequent the station during peak hours. Special sales promotions will be held periodically through-out the year. Gas and store deliveries will be made to the site daily. (reference Exhibits E and F). FINDINGS After due notice, as required by law, the Planning & Zoning Commission held a public hearing in consideration of Petition 13-12 on April 2, 2012. The applicant testified at the public hearing and presented documentary evidence in support of the application. The Community Development Department submitted a Map Amendment Review, dated March 29, 2012. • The Planning & Zoning Commission has made the following findings regarding this application against the standards for planned developments: i 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. The subject property is a parcel containing approximately 2.28 acres of land and currently contains a surface parking and is rectangular in shape. The property is flat with no significant natural features. 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 subject property is served with municipal sanitary sewer and water systems. 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 of Fact Planning & Zoning Commission Petition 13-12 April 2. 2012 Findings. The subject property is suitable for the intended zoning district with respect to the traffic and parking standard. The subject property has frontage along South Mc Lean Boulevard, a regional arterial road serving the west side of Elgin. Other road frontages include Fleetwood Drive that functions as a local street. The subject property has one point of access from Fleetwood Drive and an internal access point from the parking lot of Advanced Engineering, which is to the north of the subject site. Parking will be provided in conformance with the Off--Street Parking Ordinance. D. Zoning History Standard. The suitability of the subject property for the intended planned development 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 was zoned as follows for the years listed: 1961: Out of City Limits 1962: M1 Limited Manufacturing 1992: M 1 Limited Manufacturing Present: GI General Industrial District ARC Arterial Road Corridor The subject property was annexed as part of Burnidge Brothers Industrial Park in 1962 and zoned Ml Limited Manufacturing under ordinance No. S-694. The subject property was reclassified _to GI General Industrial- District as part of the comprehensive amendment to the zoning ordinance in 1992. 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 to the north of the subject property, across U.S. Route 20 is zoned AB Area Business District and includes the Town & Country shopping center and respected - outlots. - J - Findings of Fact Planning & Zoning Commission Petition 13-12 April 2, 2012 • The area located to the west of the subject property is zoned Cl Commercial Industrial District and GI General Industrial District. The Cl District is developed with a commercial industrial building and large surface parking lot. The GI District is developed with multiple industrial buildings and individual surface parking lots. The area located to the east of the subject property is zoned NB Neighborhood Business District and PRC Planned Residence Conservation District. The NB District is improved with a fast food restaurant and automotive oil change business. The PRC District is improved with the Burnham Mill and Buena Vista apartment and townhome complex. The area located to the south of the subject property is zoned NB Neighborhood Business District and GI General Industrial District. The NB District is improved with a gas station and the GI•District is improved with carpet store. 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 consistency with an existing pattern of development or an identifiable trend within the area. The subject property is located in area that is developing with commercial and industrial uses. G. Planned Development 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 applicant is requesting approval of a planned development in an existing GI General Industrial District. The purpose and intent of the provision of planned developments is to accommodate unique development situations. For planned development districts, 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. A creative approach to the use of land and related improvements resulting in better design and construction of aesthetic amenities; and 3. The p reservation of. significant natural features including topography, watercourses, wetlands, and vegetation. 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 overlay district is a zoning overlay district, and accordingly, the property located within the district shall be subject to the regulations of the underlying zoning district in which it is located. - 4 - Findings of Fact Planning & Zoning Commission Petition 13-12 April 2, 2012 Findings. The subject property is suitable for the intended zoning district with respect to conformance to the provision for the purpose and intent, and the location and size of a PAB Planned Area Business District. The proposed map amendment is in substantial conformance with the purpose and intent of the planned development provisions of the ordinance. The subject property is zoned GI General Industrial District and adjoins office and industrial buildings to the north, south and west. The property fits in with the trend of development occurring within the McLean Boulevard corridor. The trend of development within this area includes a mix of commercial, office, and industrial uses. The proposed motor service station is not provided for in the GI General Industrial District. The applicant is requesting the map amendment to allow for this use in the GI district. H. 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 "Highway Commercial' in the City's Comprehensive Plan and Design Guidelines dated 2005. Areas designated Highway Commercial typically serves surrounding neighborhood areas, but also larger trade areas connected by the arterial street system. They may include all of the commercial uses found in the mixed-use centers. In addition, they-typically include highway-serving uses such as fast food restaurants,.auto-oriented uses such as tire stores, service stations, auto parts stores; and other stand-alone retail uses. These commercial areas are generally auto dominated with few pedestrian amenities. The proposed land use is in keeping with the objectives and policies of the "Highway- Commercial" comprehensive plan designation. I. Natural Preservation Standard. The suitabili • 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. There are no natural features within the boundaries of the subject property. J. 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 Findings of Fact Planning & Zoning Commission Petition 13-12 April 2, 2012 • 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 is located, designed, or operated in a manner that will exercise undue detrimental influence on itself or surrounding property. The planned district ordinance is intended to prevent undue detrimental influence on the proposed internal land uses within the subject property and.on surrounding properties. 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. For the purposes of this section. the most similar zoning district is the AB Area Business District. The applicant is requesting the following departures from the standard requirements of the GI General Business District • A. Section 19.40.330: Land Use. A motor service station is not is not provided for in the GI General Industrial District. The applicant is proposing to include a motor service station �. within the list of permitted uses in the GI General Industrial District. RECOMNIENDATION The Planning & Zoning Commission recommends approval of Petition 13-12. On a motion to recommend approval, subject to the following'conditions, the vote was seven (7) yes and zero (0) no. 1. Substantial Conformance to the Petitioner's Statement of Purpose and Conformance; submitted with the development application, prepared by Ambrose Design Group LLC, dated received January 27, 2012. 2. Substantial Conformance to the Letter of Authorization, dated received January 27, 2012. 3. Substantial Conformance to the Site Plan sheet C-2, prepared by Northwestern Engineering Consultants P.C., dated March 14, 2012; Grading and Drainage Plan, Sheet C-3 dated March 14, 2012, Utility Plan, Sheet C-4 dated March 14, 2012, Stormwater Pollution Prevention Plan, Sheet C-5 dated March 14, '2012, Details Sheet C-6 dated December 11, 2011, Demolition Plan, sheet C-7, dated March 14, 2012. 4. Substantial Conformance•to the Landscape Plans, prepared by Heller & Associates LLC, • dated March 16, 2012, Sheet L100 and 1,101. - 6 - Findings of Fact Planning & Zoning Commission Petition 13-12 April 2, 2012 5. Substantial Conformance to the Exterior Elevations, prepared by Paul R. Glenn Architects Inc., dated March 15, 2012, Sheet A-1 Floorplan, Sheet A-3 Trash Enclosure Plan; Elevation; Details, Sheet Y-1 Canopy Elevations Sheet C-1, Sheet FS-1 Sign Plan, prepared by Ambrose Design Group dated March 27, 2012. 6. All graphics must meet the requirements of Chapter 19. 0 Street Graphics of the Elgin Municipal Code. 7. Compliance with all other applicable codes and ordinances. Therefore, the motion to recommend approval of Petition 13-12 was adopted. Respectfully submitted: s/Robert Siliestrom Robert Siljestrom, Chairman Planning& Zoning Commission s/ Sarosh Saber Sarosh Saber, Secretary ( ! Planning and Development Commission - 7 -