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HomeMy WebLinkAboutG13-22 Ordinance No. G13-22 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT IN THE NB NEIGHBORHOOD BUSINESS DISTRICT AND ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT WITH CERTAIN DEPARTURES FROM THE ELGIN ZONING ORDINANCE (640 Villa Street) WHEREAS, written application has been made requesting conditional use approval for a planned development for the adaptive reuse of an existing motor vehicle service station and convenience store as a package liquor sales establishment with certain departures from the Elgin zoning ordinance at 640 Villa Street; and WHEREAS,the zoning lot containing the premises at 640 Villa Street is legally described herein(the "Subject Property"); and WHEREAS,the Subject Property is located within the NB Neighborhood Business District and ARC Arterial Road Corridor Overlay District, and a package liquor sales establishment is listed as a conditional use within the NB Neighborhood Business District; and WHEREAS,the Planning and Zoning Commission conducted a public hearing concerning said application on January 10, 2022, following due notice including by publication; and WHEREAS, the Community Development Department and the Planning and Zoning Commission have submitted their Findings of Fact concerning said application; and WHEREAS, the Community Development Department and the Planning and Zoning Commission recommend approval of said application, subject to the conditions articulated below; and WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Community Development Department and the Planning and Zoning Commission; and WHEREAS,the City of Elgin is a home rule unit and as a home rule unit may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS,zoning,including,but not limited to,this ordinance granting a conditional use for a planned development in the NB Neighborhood Business District pertains to the government and affairs of the city. 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 January 10, 2022, and the recommendations made by the Community Development Department and the Planning and Zoning Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That a conditional use for a planned development for the adaptive reuse of an existing motor vehicle service station and convenience store as a package liquor sales establishment with certain departures from the Elgin zoning ordinance is hereby granted for the property commonly known as 640 Villa Street,and commonly identified by Kane County Property Index Number 06-13-478-019, and legally described as follows: LOT 19, 20, AND 21 IN BLOCK 2 OF THE EDWARD C. LOVELL ADDITION TO ELGIN, IN THE CITY ELGIN, KANE COUNTY, ILLINOIS. (commonly known as 640 Villa Street). Section 3. That the conditional use for the Subject Property as authorized by this ordinance shall be subject to the following additional conditions: 1. Substantial conformance to the Development Application submitted by Any Patel, as applicant, and Kauna Inc., c/o Bipin Patel, as property owner received October 25, 2021, and supporting documents including: a. Undated Conditional Use Statement of Purpose & Conformance, received October 25, 2021; b. Undated Plat of Survey, dated received October 25, 2021; c. Existing Site Plan, Sheet C1-1, prepared by Harold Beron Architects, Planners & Designers,dated September 26,2021,with such further revisions as required by the Community Development Director; d. Proposed Site Plan, Sheet C1-2, prepared by Harold Beron Architects, Planners & Designers,dated September 26,2021,with such further revisions as required by the Community Development Director; e. Proposed Site Plan, Sheet L1-1, prepared by Harold Beron Architects, Planners & Designers,dated September 26,2021,with such further revisions as required by the Community Development Director; f. Existing Site Plan, Sheet C-101,prepared by GEL Gloger Engineers Limited,dated October 20, 2021, last revised November 19, 2021, with such further revisions as required by the City Engineer; g. Proposed Preliminary Civil Site Plan, Sheet C-102, prepared by GEL Gloger Engineers Limited, dated October 20, 2021, last revised November 19, 2021, with such further revisions as required by the City Engineer; h. Existing & Proposed Floor Plans, Sheet AM, prepared by Harold Beron Architects, Planners & Designers, dated September 26, 2021, with such further revisions as required by the Community Development Director; i. Existing Elevations, Sheet Al-2,prepared by Harold Beron Architects, Planners& Designers,dated September 26,2021,with such further revisions as required by the Community Development Director; j. Proposed Elevations, Sheet Al-3, prepared by Harold Beron Architects, Planners 2 & Designers, dated September 26, 2021, with such further revisions as required by the Community Development Director; and k. Sign Plan & Section Detail, Sheet SI-1, prepared by Harold Beron Architects, Planners & Designers, dated September 26, 2021, with such further revisions as required by the Community Development Director. In the event of any conflict between such documents and the terms of this ordinance or other applicable city ordinances, the terms of this ordinance or other applicable city ordinances shall supersede and control. 2. A departure is hereby granted to allow the construction of a six-foot high solid fence in the street yard along the north property line east of the building, and along the west property line south of the building in substantial conformance with the Proposed Site Plan, Sheet C1-2, prepared by Harold Beron Architects, Planners & Designers, dated September 26, 2021, with such further revisions as required by the Community Development Director. 3. The sale of any beer or malt products by the single container is not permitted. The sale of any single container of alcoholic liquor, other than beer, with a volume of the container less than 25.36 fluid ounces (or approximately 750 milliliters) is not permitted. 4. Consumption of alcoholic beverages on the premises is not permitted. 5. All street graphics must comply with the zoning ordinance requirements. Wall signs shall not be box signs. Wall signs must be channel letters. 6. Compliance with all applicable codes and ordinances. Section 4. That this ordinance shall be in full force and effect upon its passage in the manner provided by law. David J. Ka n, yor Presented: February 23, 2022 Passed: February 23, 2022 Omnibus Vote: Yeas: 9 Nays: 0 <.;. Recorded: February 23, 2022tqs Published: February 23, 2022 Attest: Kimberly Dewis, y Clerk 3 EXHIBIT A January 10, 2022 RECOMMENDATION & FINDINGS OF FACT OF THE COMMUNITY DEVELOPMENT DEPARTMENT AND THE PLANNING & ZONING COMMISSION CITY OF ELGIN, IL OVERVIEW Provided herein are the written findings and recommendation of the Community Development Department and the Planning & Zoning Commission regarding Petition 56-21, an application by Andy Patel, as applicant, and Kauna Inc, c/o Bipin Patel, as property owner, are requesting approval of a planned development as a conditional use with departures from the Elgin Municipal Code requirements for a fence and any other departures as may be necessary or desirable for adaptive reuse of the existing motor vehicle service station as a package liquor sales establishment at the property commonly referred to as 640 Villa Street. GENERAL INFORMATION Petition Number: 56-21 Property Location: 640 Villa Street Requested Action: Planned development as a conditional use Current Zoning: NB Neighborhood Business District and ARC Arterial Road Corridor Overlay District Proposed Zoning: No change. NB Neighborhood Business District and ARC Arterial Road Corridor Overlay District Existing Use: Motor vehicle service station with a convenience store Proposed Use: Package liquor sales establishment Applicant: AU Patel Owner Kauna Inc., c/o Bipin Patel Staff Coordinator: Damir Latinovic,AICP, Senior Planner Recommendation & Findings of Fact Petition 56-21 January 10, 2022 Exhibits Attached: A. Aerial B. Zoning May C. Parcel Map D. Site Location E. Development Application and Attachments F. Draft Ordinance BACKGROUND Andy Patel, as applicant, and Kauna Inc, c/o Bipin Patel, as property owner, are requesting approval of a planned development as a conditional use with departures from the Elgin Municipal Code requirements for a fence and any other departures as may be necessary or desirable for adaptive reuse of the existing motor vehicle service station as a package liquor sales establishment at the property commonly referred to as 640 Villa Street. The 15,909-square foot property, located at the northwest corner of Villa Street and Illinois Avenue on Elgin's east side, is zoned NB Neighborhood Business District and is part of ARC Arterial Road Corridor Overlay District. The property is home to a Citgo gas station with a 1,200- square foot convenience store and a canopy covering four,double-sided fuel islands. The property includes a full-access driveway to Illinois Avenue,and a full access to Villa Street with a depressed curb the entire length of property's frontage along Villa Street. The property includes a retaining wall along the west property line as the adjacent property to the west has an approximately ten- foot higher topography then the subject property. All surrounding properties are also zoned NB Neighborhood Business District, with properties along Villa Street also being part of the ARC Arterial Road Corridor Overlay District.The adjacent properties to the west and north are improved with single-family homes. The property to the east across Illinois Avenue is improved with a two-story building home to Iglesia Apostolica De Cristo church. The properties to the south across Villa Street and west of Illinois Avenue are improved with single-family homes. The property south of Villa Street and east of Illinois Avenue is improved with a one-story commercial building with accessory parking lot home to Golden Market of Elgin grocery store. -2 - Recommendation &Findings of Fact Petition 56-21 January 10, 2022 a rR ,: as t Figure 1.Site area map with zoning overlay Proposal The applicant is proposing adaptive reuse of the existing gas station for a package liquor sales establishment (liquor store). The applicant is proposing to remove existing underground tanks, wells, fuel pump islands, and the canopy over the fuel pump islands. The existing 1,200-square foot building would be preserved and renovated for a.liquor store. The building would feature new red brick masonry on all sides. The applicant would install new storefront windows on the south side of the building and would add a new window on the east side of the building facing Illinois Avenue. All new widows would have limestone headers and sills. The existing parking lot would be reconstructed and overall vehicle use area reduced to include five parking spaces in front of the building and one loading space in rear of the building. The property would continue to have vehicular access to both Villa Street and Illinois Avenue. The applicant would maintain the existing full access driveway to Illinois Avenue, however, the existing access to Villa Street would be fully reconstructed. The applicant would reconstruct the existing sidewalk and replace the depressed curb with a standard curb and gutter with a new full access driveway. The applicant would construct a new sidewalk connection from both sidewalks along Illinois Avenue and Villa Street. - 3 - Recommendation & Findings of Fact Petition 56-21 January 10, 2022 1 1-4.G' 0 _S_ kl 004 STNY f R r N CS, #640 i LU n Z D 0 IF, LU > L f% Cn 0 Z ..0 LOTS- KANT to. J -C W SM t. Mo., 4b W. Figure 2.Proposed landscape plan Other site improvements include a new six-foot high fence along the west and north property lines to screen the property from adjacent residential properties. The fence along the west property line would be installed on top of the existing retaining wall and would line up with the existing home to the west.The fence along the north property line would end 20 feet short of the existing sidewalk along Illinois Avenue to prevent any view obstructions for vehicles leaving the adjacent residential property. The applicant would install a new compliant monument graphic in the southeast comer of the property and extensive landscaping throughout the site. The proposed package liquor sales establishment is required to provide one parking space per 250 square feet of floor area.The 1,200-square foot building is required 5 parking spaces.The applicant is proposing to re-construct the parking lot with 5 parking spaces to meet the zoning ordinance requirement. One additional loading space would be designated in rear of the building. If the conditional use (zoning approval) for the package liquor sales establishment is granted, the applicant must apply for and obtain a liquor license before any sale of alcohol is established. The -4- Recommendation & Findings of Fact Petition 56-21 January 10, 2022 liquor license would regulate the hours of operation for liquor sales. The hours of operation for liquor sales allowed by the Class B liquor license,which is typically issued to package liquor sales establishments are 6:00 am— 1:00 am(the following day) Monday-Thursday, 6:00 am—2:00 am (the following day)Friday-Saturday, and 9:00 am— 1:00 am(the following day) Sunday. Figure 3.Building rendering as seen from Villa Street As the property is less than two acres in size, the applicant is requesting approval of a planned development as a conditional use to allow for one departure from the zoning ordinance requirements. The required departure is listed in Table 1 below and is further described in Planned Development Departures and Exceptions section of the staff report further below. Table 1. Detail of Departures for 640 Villa Street Requirement Proposal Location of 6-ft high In side and rear yards only In street yard along solid fence Illinois Avenue and Villa Street The Community Development Department offers the following additional information: A. Property History. The property was zoned B Residential District by the first zoning ordinance in 1927. By 1961, the property was rezoned to E Commercial District. In 1962, the property was rezoned to B 1 Retail Business District. In 1992,the property was rezoned to NB Neighborhood Business District as part of the comprehensive amendment to the zoning ordinance. In 2001, the property became part of the ARC Arterial Road Corridor Overlay District. - 5 - Recommendation & Findings of Fact Petition 56-21 January 10, 2022 The existing gas station and convenience store were constructed prior to 1970. B. Surrounding Land Use and Zoning. All surrounding properties are also zoned NB Neighborhood Business District, with properties along Villa Street also being part of the ARC Arterial Road Corridor Overlay District.The adjacent properties to the west and north are improved with single-family homes. The property to the east across Illinois Avenue is improved with a two-story building home to Iglesia Apostolica De Cristo church. The properties to the south across Villa Street and west of Illinois Avenue are improved with single-family homes. The property south of Villa Street and east of Illinois Avenue is improved with a one-story commercial building with accessory parking lot home to Golden Market of Elgin grocery store. C. Comprehensive Plan. The subject property is designated as Corridor Commercial by the City's 2018 Comprehensive Plan and Design Guidelines.Located along the City's heavily traveled corridors and intersections, Corridor Commercial areas provide retail services to both local and regional consumer bases. These areas contain a mix of retail from large community centers with multiple tenants to smaller stand-along businesses. Corridor Commercial areas are the most widely accommodating and ranging commercial areas within the city. Corridor Commercial areas are auto-oriented by nature but should also be enhanced to be pedestrian-friendly. D. Zoning District. The purpose of the NB Neighborhood Business District is to provide for commercial areas supplying daily convenience commodities and services to a neighborhood population. The scale of development of an NB zoning district is limited by the applicable site design regulations due to its function and resulting close proximity to residences. E. Trend of Development. The subject property is located along Villa Street commercial corridor on Elgin's east side. Villa Street is an arterial roadway which provides access to US Route 20. Over the years, Villa Street corridor has been developed with mostly auto- oriented uses, however sections of the corridor remain residential with single-family homes. The auto-oriented uses include stand-alone restaurants, some with drive-through facilities, and automobile repair shops. There has not been any recent development along Villa Street. Staff anticipates the corridor will continue to see redevelopment with commercial auto-oriented uses. FINDINGS After due notice as required by law, the Planning and Zoning Commission conducted a public hearing in consideration of Petition 56-21 on January 10, 2022. Testimony was presented at the public hearing in support of the application. The Community Development Department submitted a Development Application Review and Written Findings and Recommendation to the Planning and Zoning Commission dated January 10, 2022. - 6 - Recommendation & Findings of Fact Petition 56-21 January 10, 2022 The Community Development Department and the Planning and Zoning Commission have made the following findings regarding this application against the standards for planned developments outlined in § 19.60.040, and standards for conditional uses outlined within§ 19.65.030: STANDARDS FOR PLANNED DEVELOPMENTS A. Site Characteristics Standard. The suitability of the subject property for the planned development with respect to its size, shape, significant natural features including topography, watercourses and vegetation and existing improvements. Findings. The subject property is suitable for the intended planned development with respect to its size, shape, significant features including topography, watercourses, vegetation, and existing improvements. The 15,909-square foot property is improved with a motor vehicle service station with four double-sided fuel pump islands covered by a canopy and a 1,200-square foot convenience store. The applicant is proposing to remove existing underground tanks, wells, fuel pump islands, and the canopy over the fuel pump islands. The existing 1,200-square foot building would be reserved and renovated for a liquor store. The reconstructed parking lot would maintain the existing access to Illinois Avenue, however the existing access to Villa Street would be reconstructed to include a standard full access driveway. No existing site features including topography, watercourses, vegetation, and property improvements exist that would have a negative impact on the proposed adaptive reuse of the property as a package liquor sales establishment. B. Sewer and Water Standard. The suitability of the subject property for the planned development with respect to the availability of adequate Municipal water, wastewater treatment and stormwater control facilities. Findings. The subject roe is suitable for the intended planned development with g J property rtY p p respect to the availability of adequate water, sanitary treatment, and storm water control facilities. The existing building on the property is currently served by municipal water, sanitary sewer, and stormwater systems. The applicant would maintain existing water and sanitary sewer lines. The applicant would construct a new storm sewer pipe, which would connect to the existing storm sewer in Illinois Avenue. The applicant would reduce the overall imperious surface and install permeable pavers in the majority of the parking lot to further reduce stormwater runoff. The proposed development would meet all requirements of the stormwater ordinance. C. Traffic and Parking Standard. The suitability of the subject property for the planned development with respect to the provision of safe and efficient on-site and off-site vehicular circulation designed to minimize traffic congestion. 1. Nonresidential land uses should be located central and accessible to the area or -7 - Recommendation &Findings of Fact Petition 56-21 January 10, 2022 population served without requiring traffic movements through or into a residential neighborhood. Nonresidential land uses should not be located within residential neighborhoods, but on their periphery as defined by the "arterial street"[SR]system. 2. The number of locations for vehicular access to or from a public right of way should be limited to those which are necessary for the reasonable use of the property and consistent with current traffic engineering standards. Property with two (2) street frontages should not be permitted access to or from the street with the higher degree of continuity within the overall street system or with the higher traffic volume. With the exception of residential driveways, locations for vehicular access to or from a public right of way should be aligned directly opposite existing or approved locations across the street. Findings. The subject property is suitable for the intended planned development with respect to the provision of safe and efficient on-site and off-site vehicular circulation designed to minimize traffic congestion. The property has frontage along Illinois Avenue on the east and Villa Street on the south. The applicant is proposing to maintain vehicular access to both streets. The existing full access driveway to Illinois Avenue would remain, however,the applicant would improve the access to Villa Street with a new curb and gutter along the entire frontage along Villa Street with a new standard full access driveway. A new 5-foot-wide sidewalk would be constructed along Villa Street. A sidewalk connection from the building to public sidewalks along both Villa Street and Illinois Avenue would provide a pedestrian connection. The applicant would maintain vehicular access around the building for delivery vehicles to eliminate any negative effect on surrounding roadways. The proposed use will not have any negative effect on the traffic circulation in the surrounding area. The proposed package liquor sales establishment is required to provide one parking space per 250 square feet of floor area. The 1,200-square foot building is required 5 parking spaces. The applicant is proposing to re-construct the parking lot with 5 parking spaces to meet the zoning ordinance requirement. One additional loading space would be designated in rear of the building. D. Zoning History Standard. The suitability of the subject property for the planned development with respect to the length of time the property has remained undeveloped or unused in its current zoning district. Findings. The property is suitable for the intended planned development with respect to the length of time the property has remained undeveloped or unused in its current zoning district. The property was zoned B Residential District by the first zoning ordinance in 1927. By 1961, the property was rezoned to E Commercial District. In 1962, the property was rezoned to B 1 Retail Business District. In 1992, the property was rezoned to NB Neighborhood Business District as part of the comprehensive amendment to the zoning ordinance. In 2001, the property became part of the ARC Arterial Road Corridor Overlay - 8 - Recommendation & Findings of Fact Petition 56-21 January 10, 2022 District. The existing gas station and convenience store were constructed prior to 1970. E. Surrounding Land Use and Zoning Standard. The suitability of the subject property for the planned development with respect to consistency and compatibility with surrounding land use and zoning. Findings. The property is suitable for the intended planned development with respect to consistency and compatibility with surrounding land uses and zoning. All surrounding properties are also zoned NB Neighborhood Business District, with properties along Villa Street also being part of the ARC Arterial Road Corridor Overlay District. The adjacent properties to the west and north are improved with single-family homes. The property to the east across Illinois Avenue is improved with a two-story building home to Iglesia Apostolica De Cristo church. The properties to the south across Villa Street and west of Illinois Avenue are improved with single-family homes.The property south of Villa Street and east of Illinois Avenue is improved with a one-story commercial building with accessory parking lot home to Golden Market of Elgin grocery store. F. Trend of Development Standard. The suitability of the subject property for the planned development with respect to consistency with an existing pattern of development or an identifiable trend of development in the area. Findings.The subject property is suited for the intended planned development with respect to consistency with an existing pattern of development or an identifiable trend of development in the area. The subject property is located along Villa Street commercial corridor on Elgin's east side. Villa Street is an arterial roadway which provides access to US Route 20. Over the years, Villa Street corridor has been developed with mostly auto- oriented uses, however sections of the corridor remain residential with single-family homes. The auto-oriented uses include stand-alone restaurants, some with drive-through facilities, and automobile repair shops. There has not been any recent development along Villa Street. Staff anticipates the corridor will continue to see redevelopment with commercial auto-oriented uses. G. Planned Development District Standard: The suitability of the subject property for the intended planned development district with respect to conformance to the provisions for the purpose and intent, and the location and size of a zoning district. Findings. This standard is not applicable. The applicant is not seeking approval of a planned development district as a map amendment. H. Comprehensive Plan Standard. The suitability of the subject property for the planned development with respect to conformance to the goals, objectives, and policies of the -9- Recommendation & Findings of Fact Petition 56-21 January 10, 2022 Official Comprehensive Plan Findings. The subject property is suitable for the intended planned development with respect to conformance to the goals,objectives,and policies of the Official Comprehensive Plan. The subject property is designated as Corridor Commercial by the City's 2018 Comprehensive Plan and Design Guidelines. Located along the City's heavily traveled corridors and intersections,Corridor Commercial areas provide retail services to both local and regional consumer bases. These areas contain a mix of retail from large community centers with multiple tenants to smaller stand-along businesses.Corridor Commercial areas are the most widely accommodating and ranging commercial areas within the city.Corridor Commercial areas are auto-oriented by nature but should also be enhanced to be pedestrian- friendly. I. Conditional Use for a Planned Development: Where applicable, the suitability of the subject property for the intended conditional use for a planned development with respect to the provision for the purpose and intent of planned developments and with respect to the provisions of section 19.65.010 of the zoning ordinance. 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. Findings. The subject property is suitable for the intended conditional use for a planned development with respect to the provision for the purpose and intent of planned developments and with respect to the provisions of section 19.65.010 of the zoning ordinance. The applicant is proposing a planned development as a conditional use to allow for one departure from the site design requirements of the zoning ordinance. The 15,909- square foot property is less than two acres, which is necessary to establish a Planned Development District. The proposed conditional use for a planned development would allow for the adaptive reuse of the existing motor vehicle service station as a package liquor store that would enhance the appearance of the property along the corridor. The project represents a desirable renovation of an existing property that would have a positive effect on the surrounding properties. I 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 intended planned development with respect to the preservation of all significant natural features including topography, watercourses, wetlands, and vegetation. The subject property is entirely improved with a vehicle use area for the motor vehicle service station. No existing site features including topography,watercourses,vegetation, and property improvements exist that would have a negative impact on the proposed redevelopment of the property. The applicant would install 12 shade and evergreen trees,22 six-foot high arborvitae trees and a variety of shrubs - 10 - Recommendation & Findings of Fact Petition 56-21 January 10, 2022 which exceed the landscape requirements for the property. K. Internal Land Use. 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 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 properties. The proposed development is an adaptive reuse of an existing motor vehicle service station as a package liquor store. The proposed development would reduce the impervious area on the site, enhance the appearance of the existing building, and include extensive landscaping throughout the site, all of which would have a positive impact on the surrounding properties. The applicant would also improve the access driveway to Villa Street and reconstruct the existing 5-foot-wide public sidewalk.The proposed development will not exercise any undue detrimental influence on the surrounding properties. PLANNED DEVELOPMENT DEPARTURES AND EXCEPTIONS The applicant is requesting the following departure from the requirements of the zoning ordinance: 1. Sections 19.90.015, "Definitions and Regulations". The maximum permitted height and style of a fence in the street yard is a four-foot high, open-design fence. The applicant is proposing to install a six-foot high, solid fence in the street yards east and south of the building. Staff finds the proposed departure is appropriate and necessary for a desirable adaptive reuse of an existing underutilized commercial property. The applicant has agreed to install a six-foot high fence along the west and north property lines to enhance the screening for adjacent residential properties.Along the west property line,the fence would be installed on the existing retaining wall and would extend past the existing building on the subject property into the street yard to align with the single-family home on the property to the west. Similarly,the proposed six-foot high solid fence along the north property line extends beyond the existing building on the subject property into the street yard along Illinois Avenue. The fence stops 20 feet short of the east property line to prevent any view obstruction for vehicles leaving the residential property to the north. Both fences are situated to maximize the screening for the adjacent residences. In addition,the applicant would add extensive landscaping in the form of evergreen trees,shrubs,and ornamental grasses along the retaining wall and the proposed fence. The proposed property improvements would have a positive impact on the surrounding property values. Recommendation & Findings of Fact Petition 56-21 January 10, 2022 STANDARDS FOR CONDITIONAL USE A. 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 its size, shape, significant features including topography, watercourses, vegetation, and existing improvements. The 15,909-square foot property is improved with a motor vehicle service station with four double-sided fuel pump islands covered by a canopy and a 1,200- square foot convenience store.The applicant is proposing to remove existing underground tanks, wells, fuel pump islands, and the canopy over the fuel pump islands. The existing 1,200-square foot building would be preserved and renovated for a liquor store. The reconstructed parking lot would maintain the existing access to Illinois Avenue, however the existing access to Villa Street would be reconstructed to include a standard full access driveway. No existing site features including topography, watercourses, vegetation, and property improvements exist that would have a negative impact on the proposed adaptive reuse of the property as a package liquor sales establishment. B. Sewer and Water Standard. The suitability of the subject property for the intended conditional use with respect to the availability of adequate water, sanitary treatment, and storm water control facilities. Findings. The subject property is suitable for the intended conditional use with respect to the availability of adequate water, sanitary treatment, and storm water control facilities. The existing building on the property is currently served by municipal water, sanitary sewer, and stormwater systems. The applicant would maintain existing water and sanitary sewer lines. The applicant would construct a new storm sewer pipe, which would connect to the existing storm sewer in Illinois Avenue. The applicant would reduce the overall imperious surface and install permeable pavers in the majority of the parking lot to further reduce stormwater runoff. The proposed development would meet all requirements of the stormwater ordinance. C. Traffic and Parking Standard. The suitability 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. Findings. The subject property is suitable 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. The property has frontage along Illinois Avenue on the east and Villa Street on the south. The applicant is proposing to maintain vehicular access to both streets. The existing full access driveway to Illinois Avenue would remain, however, - 12 - Recommendation &Findings of Fact Petition 56-21 January 10, 2022 the applicant would improve the access to Villa Street with a new curb and gutter along the entire frontage along Villa Street with a new standard full access driveway. A new 5-foot- wide sidewalk would be constructed along Villa Street. A sidewalk connection from the building to public sidewalks along both Villa Street and Illinois Avenue would provide a pedestrian connection. The applicant would maintain vehicular access around the building for delivery vehicles to eliminate any negative effect on surrounding roadways. The proposed use will not have any negative effect on the traffic circulation in the surrounding area. The proposed package liquor sales establishment is required to provide one parking space per 250 square feet of floor area. The 1,200-square foot building is required 5 parking spaces. The applicant is proposing to re-construct the parking lot with 5 parking spaces to meet the zoning ordinance requirement. One additional loading space would be designated in rear of the building. D. 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 so as 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. The applicant is proposing adaptive reuse of the exiting motor vehicle service station as a package liquor store. The applicant would remove existing underground tanks, wells, fuel pump islands, and the canopy over the fuel pump islands. The existing 1,200-square foot building would be preserved and renovated for a liquor store.The proposed building would include brick masonry on all elevations with new windows on the south and east sides facing public roadways. The proposed redevelopment includes improvements to the access driveway to Villa Street with a fully reconstructed public sidewalk along Villa Street. The development also includes a six-foot high solid fence along the west and north property lines and extensive landscaping throughout the site. No evidence has been submitted or found that the proposed use will exercise any detrimental impact on surrounding properties. The proposed improvements should have a positive impact on the surrounding properties. E. Historic Preservation Standard. Where applicable, the conditional use shall make possible an efficient contemporary use of, or a compatible improvement to a designated landmark or property located in a designated historic district while preserving those portions and features of the property which are significant to its historic, architectural, and cultural values to an historic preservation plan. Findings. This standard is not applicable. The subject property is neither designated as a local historic landmark nor is it located within a locally designated historic district. - 13 - Recommendation &Findings of Fact Petition 56-21 January 10,2022 RECOMMENDATION The Community Development Department and the Planning and Zoning Commission recommend approval of Petition 56-21, subject to the following conditions: 1. Substantial conformance to the Development Application submitted by Any Patel, as applicant, and Kauna Inc., c/o Bipin Patel, as property owner received October 25, 2021, and supporting documents including: a. Undated Conditional Use Statement of Purpose&Conformance, received October 25, 2021; b. Undated Plat of Survey, dated received October 25, 2021; c. Existing Site Plan, Sheet Cl-1, prepared by Harold Beron Architects, Planners & Designers, dated September 26, 2021, with such further revisions as required by the Community Development Director; d. Proposed Site Plan, Sheet C 1-2, prepared by Harold Beron Architects, Planners & Designers, dated September 26, 2021, with such further revisions as required by the Community Development Director; e. Proposed Site Plan, Sheet L1-1, prepared by Harold Beron Architects, Planners & Designers, dated September 26, 2021, with such further revisions as required by the Community Development Director; f. Existing Site Plan, Sheet C-101, prepared by GEL Gloger Engineers Limited, dated October 20, 2021, last revised November 19, 2021, with such further revisions as required by the City Engineer; g. Proposed Preliminary Civil Site Plan,Sheet C-102,prepared by GEL Gloger Engineers Limited, dated October 20, 2021, last revised November 19, 2021, with such further revisions as required by the City Engineer; h. Existing & Proposed Floor Plans, Sheet Al-1, prepared by Harold Beron Architects, Planners & Designers, dated September 26, 2021, with such further revisions as required by the Community Development Director; i. Existing Elevations, Sheet Al-2, prepared by Harold Beron Architects, Planners & Designers, dated September 26, 2021, with such further revisions as required by the Community Development Director; j. Proposed Elevations, Sheet Al-3, prepared by Harold Beron Architects, Planners & Designers, dated September 26, 2021, with such further revisions as required by the Community Development Director; and k. Sign Plan&Section Detail, Sheet S 1-1,prepared by Harold Beron Architects,Planners &Designers, dated September 26, 2021,with such further revisions as required by the Community Development Director. In the event of any conflict between such documents and the terms of this ordinance or other applicable city ordinances, the terms of this ordinance or other applicable city - 14- Recommendation & Findings of Fact Petition 56-21 January 10, 2022 ordinances shall supersede and control. 2. A departure is hereby granted to allow the construction of a six-foot high solid fence in the street yard along the north property line east of the building, and along the west property line south of the building in substantial conformance with the Proposed Site Plan, Sheet C1-2, prepared by Harold Beron Architects, Planners & Designers, dated September 26, 2021, with such further revisions as required by the Community Development Director. 3. The sale of any beer or malt products by the single container is not permitted. The sale of any single container of alcoholic liquor, other than beer, with a volume of the container less than 25.36 fluid ounces(or approximately 750 milliliters)is not permitted. 4. Consumption of alcoholic beverages on the premises is not permitted. 5. All street graphics must comply with the zoning ordinance requirements. Wall signs shall not be box signs. Wall signs must be channel letters. 6. Compliance with all applicable codes and ordinances. The vote of the Planning and Zoning Commission on the motion to recommend approval, subject to the conditions outlined by the Community Development Department, was four(4)yes, two (2) no, and zero (0)abstentions. One member was absent. Respectfully Submitted, s/Jay Cox Jay Cox,Chairman Planning&Zoning Commission s/Damir Latinovic Damir Latinovic,AICP; Secretary Planning&Zoning Commission - 15 - ri A 1 Margaret PI Subject Property .r . Petition 56-21 r r y Q J .k i O Sherman Ave �a _ d O O EXHIBITA Aerial/Location Map N µ+E S Map prepared by City of Elgin o so so 120 iao 24Feet Department of Community Development Illinois Ct CF Barrett St Margaret PI MrPR RC3 Subject Property Petition 56-21 a y O yr PNB ; Q — O ,a, G h t Legend ORC1 Residence Conservation 1 QRC2 Residence Conservation 2 ORC3 Residence Conservation 3 OPRC Planned Residence Conservation O SFR1 Single Family Residence 1 O PSFR1 Planned Single Family Residence 1 O SFR2 Single Family Residence 2 O PSFR2 Planned Single Family Residence 2 N B O TRF Two Family Residence QPTRF Planned Two Family Residence O MFR Multiple Family Residence O PMFR Planned Multiple Family Residence d sf QRB Residence Business OPRB Planned Residential Business O NB Neighborhood Business ; OPNB Planned Neighborhood Business Q AB Area Business •y PAB Planned Area Business O G -CC1 Center City 1 Sherman Ave -CC2 Center City 2 _ -PCC Planned Center City ®ORI Office Research Industrial 41 PORI Planned Office Research Industrial -GI General Industrial RC2 () -PGI Planned General Industrial -Cl Commercial Industrial -CF Community Facility -PCF Planned Community Facility EXHIBITS Zoning Map W+E li Map prepared by City of Elgin 0 35 70 140 210 28Feet Department of Community Development Subject Property 640 Villa St. Petition 56-21 Q .o 0613478019 Villa St a� Q 0 EXHIBIT Parcel Map City of Elgin 0 s 10 20 30 40 Department of Community Development Feet EXHIBIT D SITE LOCATION 640 Villa Street Petition 56-21 OUR mSub ect Pro rt k r 1 "a • � �� � � "ter- #, Bird's eye view looking north f 3 , Bird's eye view looking west 1 EXHIBIT D SITE LOCATION 640 Villa Street Petition 56-21 Subject property as seen from Villa Street Subject property as seen from Illinois Avenue a Google ? 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