Plan Commission - Regular


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  6.a.       
Meeting Date: 07/07/2020  
Topic:    Blaze Landscaping Conditional Use Permit
From: Gabriel Gilbertson
Department: Community Development  
Date of Committee
Action (if required):
07/07/2020

Subject:
Consideration of a recommendation to the Village Board on the request of BLAZE LANDSCAPE CONTRACTING INC. to obtain a conditional use permit allowing a landscaping businesses and new storage building at the property located at W180N5325 Marcy Road in the A-1 Agricultural Zoning District, Tax Key No. 130.999.
Background Information:
Blaze Landscape has been in operation since 1975 and is located in the A-1 Agricultural Zoning District. The Zoning Code today does not permit a landscaping company to operate within the A-1 Agricultural Zoning District, however, since the use existed prior to the current Zoning Code, it is considered a legal nonconforming use. Uses that are considered legal nonconforming are permitted to remain and exist as they are, however, they are not permitted to expand the nonconforming use.
Application Specifics:
The applicant is proposing to construct a new building on the subject property which is not permitted in the property's current legal nonconforming status. However, Section 122-86 of the Municipal Code states:  "Subject to the provisions of article IV, any such nonconforming use, except those in the floodland districts, may be reclassified as a conditional use."
Additional Information:
The proposed project was reviewed by the Engineering and Development, Utilities, Police, and Fire Departments. The following comments were provided: 

The Department of Community Development noted:
  • Staff believes the site should be brought up to the same standard any other landscape business would have in the Village, specifically requiring the parking area and areas where there is storage of equipment, to be paved and striped with a plan approved by the Architectural Control Board.
  • A survey is required with the setbacks from the property lines of the proposed storage building.
  • Staff recommends the following conditions be considered for the conditional use permit:
  1. This Permit shall become effective upon the execution and recording by the owners of the Premises of an acceptance hereof in such form as to constitute an effective covenant running with the land.
  2. This Permit shall be void unless, pursuant to the Zoning Code of the Village, Building and Zoning Use Permits in conformity to this Permit, are obtained within six (6) months of the date hereon, the date on which the Conditional Use Permit was granted.
  3. This Permit is subject to amendment and termination in accordance with the provisions of the Zoning Code of this Village.
  4. Construction and operation of the use granted shall be in strict conformity to the approved site, building and operation plans filed with the Village Board in connection with the Petition for this Permit.
  5. The conditional use and structure are in accordance with the purpose and intent of this Ordinance, and is found to be not hazardous, harmful, offensive or otherwise adverse to the environment or the value of the neighborhood or the community.
  6. The proposed use shall not generate any noise, smell or sight that would be disharmonious with the surrounding neighborhood.
  7. There shall be no additional outside storage of new or used equipment, materials or merchandise other than what is currently located on the property on the date of which the Conditional Use Permit is approved.
  8. Hours of operation shall be from 7:00 AM until 7:00 PM.
  9. All parking areas, and any area where equipment is stored, shall be paved.

The Engineering Department noted that the grading plan does not differentiate between the proposed and existing contours. The grading plan must be revised to identify each type of contour and resubmitted to the Engineering Department.
Requested Action by Commission/Committee/Board:
Since State Statutes require a public hearing to be held regarding all Conditional Use Permits, no action is required and the mandatory public hearing will be scheduled for the August 4, 2020 Plan Commission meeting. However, the applicant should state if they will meet the conditions listed above.

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