Loading...
G2-13 Ordinance No. G2-13 AN ORDINANCE AMENDING PAB PLANNED AREA BUSINESS DISTRICT ORDINANCE NO. G19-10 (551-587 N. McLean Boulevard) WHEREAS, the territory herein described has been classified in the PAB Planned Area Business District under Ordinance No. G 19-10; and WHEREAS, written application has been made to amend PAB Planned Area Business District Ordinance No. G19-10, to permit the construction of a motor vehicle repair shop specifically related to automobile windshield installation and repair within the subdivision commonly known as Wing Park Shopping Center; and WHEREAS, after due notice in the manner provided by law, the Planning and Zoning Commission conducted a public hearing concerning said application and has submitted its written findings and recommendations; and WHEREAS, the Community Development Department has additionally submitted its proposed written recommendation and finding of fact on the proposed planned development dated December 5, 2012; and WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Community Development Department. 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 December 5, 2012, made by the Community Development Department, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That Ordinance No. G19-10 entitled "An Ordinance Granting a Map Amendment from AB Area Business District to PAB Planned Area Business District," passed May 12, 2010, be and is hereby amended only as set forth in this ordinance by amending Section 3.F "Land Use," Subsection B3 "Services Division" by the addition of the following additional conditional use thereto: `"'Motor vehicle repair shops" [SR] (753) on a zoning lot [SR] containing no less than four (4) acres." Section 3. That a conditional use to permit the establishment of a motor vehicle • repair shop on a zoning lot containing no less than four acres for the property commonly known as the Wing Park Shopping Center and legally described in Ordinance No. G19-10 be and is hereby granted subject to the following conditions: A. Substantial conformance to the following documents submitted by Elgin Improvements, LLC: i. Applicant and Statement of Purpose prepared by Scott G. Richmond, Esq., of Ariano Hardy Ritt Nyuli Richmond Lytle and Goettel, P.C. dated August 24, 2012. ii. Master Site Plan for Safelite Auto Glass prepared by Jacob & Hefner Associates, Inc. dated August 16, 2012. iii. Final Plat of Subdivision for Wing Park Manor Addition — Resubdivision No. 1, ordered by DLC Management, prepared by Jacob & Hefner Associates, Inc., dated January 12, 2012 and recorded on June 14, 2012 as Document No. 2012K038712. iv. Landscape Development Plan, prepared by David R. McCallum Associates, Inc., dated August 17, 2012. V. Architectural Floor Plans entitled (Proposed) Safelite AutoGlass Elgin, ILL and dated august 20, 2012. vi. Building Elevations for Wing Park Shopping Center — South Building, prepared by DZA Associates, Inc., dated August 22, 2012. • B. The motor vehicle repair shop d/b/a Safelite AutoGlass shall be restricted to the tenant space #555 located within the Wing Park Shopping Center. C. No less than 12-15 shrubs shall be planted within the three planting areas located along the south lot line of the subject property and adjacent to the south elevation of the building. D. Compliance with all applicable codes and ordinances. Section 4. That the conditional use granted herein shall expire if not established within one year from the date of passage of this ordinance. Section 5. That except as amended herein, the use and development of the Subject Property shall be controlled pursuant to the provisions of Ordinance No. G19-10. In the event of any conflict between this ordinance, which expressly includes those documents detailed within Section 2 and the allowances and departures described and provided thereon, this ordinance and associated documents shall control and prevail. I • Section 6. That this ordinance shall be full force and effect immediately after its passage • in the manner provided by law. David J. Kap n, or Presented: January 9, 2013 Passed: January 9, 2013 Vote: Yeas: 7 Nays: 0 Recorded: January 9, 2013 Published: January 11, 2013 �a�s�wnutia Attest: Kimberly Dewis, Cit Clerk • • December 5, 2012 COMMUNITY DEVELOPMENT DEPARTMENT Proposed Recommendation and Findings of Fact on the Proposed Planned Development Planning and Zoning Commission City of Elgin OVERVIEW Elgin Improvements, LLC, requests an amendment to PAB Planned Area Business District Ordinance No G19-10 to permit the redevelopment of a portion of the property with a motor vehicle repair shop specializing in the repair and installation of automobile windshield glass and related accessories. The store is proposed to be located at the southerly end of the Wing Park Shopping Center located at the southeast corner of McLean Boulevard and Wing Street. The Planned Development is being proposed in conjunction with an amendment to the text of the Zoning Ordinance, the effect of which would be to make Motor Vehicle Repair Shops permitted within the ARC Arterial Road Corridor Overlay District. GENERAL INFORMATION • Petition Number: 33-12 Recommendation: APPROVE, (See Recommendation Detail) Applicant and Owner: Elgin Improvements, LLC Staff Coordinators: Marc Mylott, AICP, Community Development Director Sarosh Saher, AICP; Senior Planner List of Exhibits: A.—Aerial/Location Map B. —Zoning Map C. —Parcel Map D. — Site Photos E. —Development Application and Plans F. —Related Correspondence G. —Transcripts BACKGROUND & PROJECT DETAIL Elgin Improvements, LLC seeks to develop a portion of the Wing Park Shopping Center property with an automobile windshield glass repair shop. The subject property is commonly referred to as 551-587 • North McLean Boulevard; it is zoned PAB Planned Area Business and is located within an ARC Arterial Road Corridor Overlay District. Exhibit A Findings of Fact Planning and Zoning Commission Petition: 33-12 December 5, 2012 • The applicant proposes to demolish approximately 41 feet of the southerly portion of the existing shopping center building that formerly housed the Manor Restaurant and construct a new automobile windshield glass repair shop d/b/a Safelite Auto Glass. The business would occupy 4,100 square feet of commercial space consisting of approximately 1,270 square feet of office, employee and customer waiting areas designed as a storefront facing McLean Boulevard and approximately 2,830 square feet of repair shop facing Eagle Drive to the south. The elevation facing Eagle Drive would include overhead doors accessing four repair bays. The impact of this elevation will be mitigated by additional landscape material that will be installed along the south lot line of the subject property. An amendment to PAB Ordinance No G19-10 is required to permit the proposed land use and development plan. Also, the proposed land use -- a Motor Vehicle Repair Shop -- is currently prohibited in the ARC Arterial Road Corridor Overlay District. The applicant is therefore concurrently requesting an amendment to the text of the zoning ordinance to remove this use from the list of uses prohibited in the ARC district. However, staff is recommending approval of an amended text amendment that would allow such uses along arterial streets in the same manner as new and used auto dealerships -- they must be located upon a zoning lot 4 acres or larger. This amended text amendment would effectively restrict such uses to larger shopping centers with a regional influence, and with parking available to handle typical demands and limit their proliferation. The current PAB was established at the Wing Park Shopping Center property for the construction of the Walgreen's Pharmacy at the northerly end of the property. • FINDINGS OF FACT Should the City Council approve an amendment to the text of the zoning ordinance that would allow the proposed use on the property, staff offers the following findings of fact as they relate to the standards for Planned Development pursuant to Chapter 19.60 of the zoning ordinance, as set forth below. 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 amendment to the zoning district with respect to the site characteristics standard. The subject property is rectangular shaped and approximately 6.669 acres in size. It is currently improved with a free-standing commercial building at the north, two multiple tenant commercial buildings to the south, one free-standing carry-out restaurant, and two free-standing buildings at the southeast corner of the zoning lot and surface a parking lot. 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. Page 2 of 7 Findings of Fact Planning and Zoning Commission Petition: 33-12 December 5 2012 • Findings. The subject property is suitable for the amendment to the zoning district with respect to the sewer and water standard. The subject property is served with municipal water and sanitary sewer systems. The stormwater facilities are in conformance with the standards and regulations of the City of Elgin and Kane County Stormwater Management Ordinances. 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 suitable for the amendment to the zoning district with respect to the traffic and parking standard. The subject property is located on the southeast corner of McLean Boulevard and Wing Street and is bordered by McLean Boulevard to the west, Wing Street to the north, Weston Avenue to the east, and Eagle Drive to the south. McLean Boulevard and Wing Street are arterial roads which serve the west side of Elgin. Weston Avenue and Eagle Drive are local streets serving the surrounding neighborhoods. Access is available into the subject property from all four sides of the site. • Off street parking is provided in conformance with the zoning ordinance. D. 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 amendment to the zoning district with respect to the length of time the property has remained undeveloped or unused in its current zoning district. The property was annexed to the City of Elgin in 1954 as part of the Wing Park Manor annexation and was zoned D Commercial district. The property was reclassified in 1992 to AB Area Business District as part of a comprehensive amendment to the zoning ordinance. In 2010, the property was zoned PAB Planned Area Business District, and the northern end of the shopping center has subsequently redeveloped with a new free-standing Walgreen's pharmacy building. There are tenant spaces within the property that are vacant. 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 amendment to the zoning district with respect to consistency and compatibility with surrounding land use and zoning. Page 3 of 7 Findings of Fact Planning and Zoning Commission Petition: 33-12 December 5, 2012 The area to the east of the subject property is zoned RC1 Residence Conservation District and is developed with single family residences. The areas to the north and south of the property are zoned CF Community Facility District and developed with a school to the north and a church to the south. The area west of the subject property is zoned AB Area Business District and developed with commercial buildings. The specific location of the proposed land use within the shopping center is at its southerly end and directly across the street from a dissimilar institutional (non-residential) land use. The impact of the proposed use on a non-residential land use is less than on a residential land use, the closest of which is located to the east of the shopping center. However, due to the nature of this shopping center being greater than 4 acres in size classifying it as a larger shopping center, the residential land uses to the east of the shopping center have come to expect issues related to the operation of commercial uses such as the Walgreen's pharmacy, the retail and restaurant uses in their vicinity. 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 amendment to the zoning district with respect • to consistency with an existing pattern of development or an identifiable trend within the area. The subject property is a larger shopping center located along an arterial corridor developed with a mix of commercial, office and residential uses. These surrounding land uses depend upon this center for the retail- and service-oriented uses that it offers. 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 purpose of the AB Area Business district is to provide commodities and services to several neighborhoods, and in some instances to a communitywide or regional supporting population. AB zoning districts are limited by the applicable site design regulations to an intermediate scale of development relative to NB neighborhood business districts and the CC 1 Center City district. In general, the purpose and intent of the provision for 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. Page 4 of 7 Findings of Fact Planning and Zoning Commission Petition: 33-12 December 5, 2012 • 3. The preservation of significant natural features including topography, watercourses, wetlands, and vegetation. 1. Planned area business districts should be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate planned business district exclusive of right 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 planned development district shall be granted from the city council. 2. Findings. The subject property is suitable for the amendment to the 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 demolition and reconstruction of the southerly end of the existing shopping center building will result in a new masonry building that replaces a former restaurant, whose primary entryway was located on the south elevation of the building. The retail and customer area of the new store will face McLean Boulevard on the west, and be constructed using aluminum and glass storefront windows surrounded by masonry walls in face brick along the lower portion. The upper portion will comprise of sign bands constructed in Exterior Insulation Finish Systems (EIFS, commonly known as "Dryvit"). This treatment of the • facade will continue to preserve the "storefront retail character" the center projects onto McLean Boulevard. The service area will face Eagle Drive to the south and out of direct visibility from McLean Boulevard. This portion of the building will be constructed using smooth-faced and split-faced concrete blocks with four new service bay overhead doors. The orientation of the service bay doors is face an institutional (non-residential) building located directly across the street to the south. The impact of the elevation will be further minimized with the installation of additional shrubs along the three recently established landscaped planting areas along the south lot line. K 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 amendment to the zoning district with respect to the Comprehensive Plan Standard. The subject property is located in an area designated as "Highway Commercial" in the City's 2005 Comprehensive Plan and Design Guidelines. Areas designated Highway Commercial typically serve 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. Page 5 of 7 Findings of Fact Planning and Zoning Commission Petition: 33-12 December 5, 2012 • L Natural Preservation Standard. The suitability 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 amendment to the planned development with respect to the Natural Preservation Standard. There are no significant natural features present at the subject property worthy of preservation. 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 on each other or on surrounding property. Findings. The subject property is suitable for the amendment to the planned development with respect to the internal land use standard. The proposed development would be located, designed, and operated in a manner that would not exercise undue detrimental influence on surrounding property. The location of the intended land use at the southerly portion of the shopping center minimizes the impact of the proposed land use on the dissimilar zoning districts and land uses surrounding the property. • PLANNED DEVELOPMENT DEPARTURES AND EXCEPTIONS No departures are being requested. UNRESOLVED ISSUES Staff is not aware of any unresolved issues. ALTERNATIVES There are no substantive alternatives to the proposal other than an approval with no conditions, approval with additional conditions, or denial. RECOMMENDATION Should the City Council approve an amendment to the text of the zoning ordinance that would allow the proposed use on the property, the Community Development Department recommends approval of Petition 33-12 subject to the following conditions: 1. The planned development be subject to approval of an amendment to the text of the Zoning Ordinance allowing for the establishment of the land use on the subject property. Page 6 of 7 Findings of Fact g Planning and Zoning Commission Petition: 33-12 December 5, 2012 • 2. Substantial conformance to the following documents submitted by Elgin Improvements, LLC: a. Applicant and Statement of Purpose prepared by Scott G. Richmond, Esq., of Ariano Hardy Ritt Nyuli Richmond Lytle $ Goettel, P.C. dated August 24, 2012. b. Master Site Plan for Safelite Auto Glass prepared by Jacob & Hefner Associates, Inc. dated August 16, 2012. C. Final Plat of Subdivision for Wing Park Manor Addition — Resubdivision No. 1, ordered by DLC Management, prepared by Jacob & Hefner Associates, Inc., dated January 12, 2012 and recorded on June 14, 2012 as Document No. 2012K038712. d. Landscape Development Plan, prepared by David R. McCallum Associates, Inc., dated August 17, 2012. e. Architectural Floor Plans entitled (Proposed) Safelite AutoGlass Elgin, ILL and dated august 20, 2012. f. Building Elevations for Wing Park Shopping Center — South Building, prepared by DZA Associates, Inc., dated August 22, 2012. 3. No less than 12-15 shrubs shall be planted within the three planting areas located along the south lot line of the subject property and adjacent to the south elevation of the building. • 4. Compliance with all applicable codes and ordinances. Respectfully Submitted, Marc S. Mylott, AICP Sarosh Saher, AICP Director of Community eve pment Senior Planner Page 7 of 7