G4-13 Ordinance No. G4-13
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AN ORDINANCE
GRANTING A CONDITIONAL USE FOR A MOTOR VEHICLE REPAIR SHOP
IN THE AB AREA BUSINESS DISTRICT
(85 South Airlite Street)
WHEREAS, written application has been made requesting conditional use approval for
an establishment of a motor vehicle repair shop in the AB Area Business District; and
WHEREAS, the Planning and Zoning Commission 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 with 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 December 3, 2012, made by the Planning and Zoning Commission, a copy of which
is attached hereto and made a part hereof by reference as Exhibit A.
e"'' Section 2. That a conditional use to permit the establishment of a motor vehicle
repair shop in the AB Area Business District at 85 South Airlite Street and legally described as
follows:
Lot 3 of Raymond W. Young Subdivision, Being a Resubdivision of Lot 2 in Block 4 of
Walter G. Macintosh & Co.'s Fox River Acres, Town of Elgin, Kane County, Illinois, in
the City of Elgin, Kane County, Illinois. (Property commonly known as 85 South Airlite
Street).
be and is hereby granted subject to the following conditions:
1. Substantial conformance to the Statement of Purpose and Conformance and Attachments,
submitted by Charles Kellenberger, dated received February 10, 2012. In the event of
any conflict between such Statement of Purpose and Conformance and this ordinance or
other applicable city ordinances, this ordinance or other applicable city ordinances shall
supersede and control.
2. Substantial conformance to the Floor Plan, submitted by Charles Kellenberger, date
received February 10, 2012.
3. Substantial conformance to the Existing Landscape Plan, submitted by Charles
Kellenberger date received July 13, 2012.
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4. Substantial conformance to the Site Plan, submitted by Charles Kellenberger date
received February 10, 2012.
5. 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.
#d /L./fi Lei' e,
David J. K. lain, ''ayor
Presented: January 23, 2013
Passed: January 23, 2013
Omnibus Vote: Yeas: 7 Nays: 0 F.ELG
Recorded: January 23, 2013
Published: January 25, 2013 <(I:4 -•
Attest: ��
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Kimberly Dewis, City Clerk
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December 3, 2012
PLANNING AND ZONING COMMISSION
RECOMMENDATION AND FINDINGS OF FACT
Community DeNelopmcnt Department Cite of Elgin. IL
OVERVIEW
Charles Kellenberger requests Conditional Use Approval to Permit the Establishment of a Motor
Vehicle Repair Shop; Located at 85 South Airlite Street.
GENERAL INFORMATION
Petition Number 15-12
Recommendation: APPROVE, subject to conditions outlined at the conclusion of this
Report(See Recommendation Detail)
Applicant: Charles Kellenberger
History: After due notice as required by law, the Planning&Zoning
Commission held a public hearing and considered Petition 15-12
on December 3, 2012. The applicant submitted a Statement of Purpose
Conformance dated received February 10, 2012 and testified at the
public hearing.
Staff Coordinator: Dave Waden, Senior Planner
List of Exhibits: A. Aerial/Location Map
B. Zoning Map
C. Parcel Map
D. Site Photos
E. Statement of Purpose and Conformance, & Application
F. Draft Conditional Use Ordinance
G. Related Correspondence
BACKGROUND & PROJECT DETAIL
Charles Kellenberger is requesting a conditional use approval to continue to operate a motor
vehicle repair shop at 85 South Airlite Street. The applicant currently leases space to Elgin
Driveline,whichrepairs drive shafts on small motor vehicles. All of the work done on vehicles is
Exhibit A
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Recommendation &Findings of Fact Planning& Zoning Commission
Petition 15-12 December 3, 2012
completed inside of the garage. There is no overnight parking of any vehicles outside of the
garage
FINDINGS OF FACT
The Planning& Zoning Commission fmds that:
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.
The subject property was annexed into the City of Elgin in 1974 and zoned B4 General
Service Business District as part of the W.B. McIntosh's Annexation. The property was
reclassified in 1992 to AB Area Business District 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 located to the north of the subject property is zoned AB Area Business District,
and is improved with vacant property with one freestanding house.
The area to the west is zoned RB Resident Business District, and is improved with
single-family residential homes.
The area to the south and southeast are zoned SFR1 Single Family Residence District,
and are improved with single-family residential homes
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 has developed primarily with
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Recommendation &Findings of Fact Planning &Zoning Commission
Petition 15-12 December 3, 2012
commercial and residential uses to the west and south.
D. Zoning District Standard. The suitability of the subject property for the intended
conditional use with respect to conformance to the provisions for the purpose and intent,
and location and size of the zoning district.
Findings. The subject property is suitable for the intended conditional use with respect to
conformance to the provisions for the purpose and intent, and location and size of the
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 CC1 Center City district.
Elgin Driveline has been at its current location since December 2011.
The proposed conditional use will meet the purpose and intent of the AB Area Business
District.
F. 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.
Findings. The subject property is suitable for the intended conditional use with respect
to the site characteristics standard.
The subject property consists of 1.73 acres and includes a 7,450 square foot commercial
building with surface parking lot for 20 cars. Elgin Driveline is currently operating within
4,540 square foot of the commercial building.
G. 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, and sanitary sewer.
H. 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.
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Recommendation& Findings of Fact Planning&Zoning Commission
Petition 15-12 December 3, 2012
Findings. The subject property is suitable for the intended conditional use with respect to
the traffic and parking standard.
The subject property is located on the east side of Airlite Street, south of Larkin Avenue.
The site has one point of access into the site.
Airlite Street is a local street serving the west side of Elgin. Larkin Avenue is a collector
street serving the neighborhoods in the vicinity of the subject property.
Off street parking is provided in conformance with the off street-parking ordinance.
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 designated "Highway Commercial"by 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 motor vehicle repair shop for the subject property is in keeping with the
goals, objectives, and policies of the comprehensive plan designation.
J. 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 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.
K. Historic Preservation Standard. Where applicable, the conditional use shall make
possible an efficient contemporary use of or a compatible improvement to a designated
elk landmark or property located in a designated historic district while preserving those
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Recommendation & Findings of Fact Planning& Zoning Commission
Petition 15-12 December 3, 2012
portions and features of the property which are significant to its historic, architectural,
and cultural values to an historic preservation plan.
Findings. The subject property is suitable for the intended conditional use with respect to
the Historic Preservation standard.
The subject property is not located within a designated historic district.
RECOMMENDATION DETAIL
By a vote of five (5) yes, zero (0) no, the Planning & Zoning Commission recommends the
approval of Petition 15-12, subject to the following conditions:
1. Substantial conformance to the Statement of Purpose and Conformance, and
Attachments, submitted by Charles Kellenberger, dated received February 10, 2012.
2. Substantial conformance to the Floor Plan, submitted by Charles Kellenberger, date
received February 10, 2012.
3. Substantial conformance to the Existing Landscape Plan, submitted by Charles
Kellenberger date received July 13, 2012.
4. Substantial conformance to the Site Plan, submitted by Charles Kellenberger date
received February 10, 2012.
5. All items pertaining to the use and operation of the auto repair business must be stored
within the existing tenant space located inside the enclosed building at 85 Airlite Street.
6. Relocate the existing dumpsters to the rear yard behind the building within a designated
refuse collection area. The refuse collection area must be screened from view of all
adjoining properties and public rights-of-way by either a solid wood fence or a masonry
wall at a minimum of six linear feet.
7. All graphics must meet the requirements of Chapter 19.50 Street Graphics of the Elgin
Municipal Code.
8. Compliance with all applicable codes and ordinances.
Therefore, the motion to recommend approval of Petition 15-12 was adopted.
s/ Bob Siljestrom
Bob Siljestrom, Chairman
Planning and Zoning Commission
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Recommendation &Findings of Fact Planning &Zoning Commission
Petition 15-12 December 3, 2012
s/ Sarosh Saher
Sarosh Saher, Secretary
Planning and Zoning Commission
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