HomeMy WebLinkAboutG19-23 Ordinance No. G19-23
AN ORDINANCE
GRANTING A CONDITIONAL USE FOR ACCESSORY PACKAGE LIQUOR SALES
ESTABLISHMENT AND CONVENIENCE FOOD STORE OPERATED ON A TWENTY-
FOUR HOUR BASIS IN THE PNB PLANNED NEIGHBORHOOD BUSINESS DISTRICT
ORDINANCE NO. G18-23 AND ARC ARTERIAL ROAD CORRIDOR OVERLAY
DISTRICT
(1630 Villa Street)
WHEREAS,written application has been made for a conditional use to establish accessory
package liquor sales and a convenience food store, operated on a twenty-four (24) hour basis as
part of the motor vehicle service station/fuel center at 1630 Villa Street; and
WHEREAS, the zoning lot with the building containing the premises at 1630 Villa Street
is legally described herein(the"Subject Property"); and
WHEREAS, the Subject Property is located within the PNB Planned Neighborhood
Business District,established by Ordinance No.G18-23,and ARC Arterial Road Corridor Overlay
District, and accessory package liquor sales establishment [SR] (UNCL) and convenience food
store, operated on a twenty four (24) hour basis (5411) are listed as a conditional use within the
PNB Planned Neighborhood Business District established by Ordinance No. G18-23; and
WHEREAS,the Planning and Zoning Commission conducted a public hearing concerning
said application on September 12, 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
in the PNB Planned 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 September 12, 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 an accessory package liquor sales establishment
and a convenience food store, operated on a twenty four(24)hour basis is hereby granted for the
property commonly known as 1630 Villa Street, commonly identified by Cook County Property
Index Numbers 06-20-400-016-0000 and 06-29-201-006-0000, and legally described as follows:
THAT PART OF THE SOUTHEAST QUARTER OF SECTION 20 AND THE NORTHEAST
QUARTER OF SECTION 29, TOWNSHIP 41 NORTH, RANGE 9, EAST OF THE THIRD
PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
THAT PART OF THE SOUTHEAST QUARTER OF SECTION 20 AND THE NORTHEAST
QUARTER OF SECTION 29, TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE THIRD
PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST
SOUTHERLY CORNER OF LOT 20 IN SHERWOOD OAKS UNIT NO. 6, BEING A
SUBDIVISION OF PARTS OF SECTIONS 20 AND 21, TOWNSHIP AND RANGE
AFORESAID, ACCORDING TO THE PLAT THEREOF RECORDED ON NOVEMBER 10,
1977 AS DOCUMENT NO. 24188979, SAID CORNER ALSO BEING A CORNER OF LAKE
STREET MEMORIAL PARK;THENCE SOUTH 09' 18'50" WEST ALONG THE WESTERLY
LINE OF LAKE STREET MEMORIAL PARK, 299.28 FEET TO A POINT ON SAID
WESTERLY LINE THAT IS 200.00 FEET NORTHERLY OF,AS MEASURED ALONG SAID
WESTERLY LINE, THE NORTHERLY RIGHT OF WAY LINE OF S.B.I. ROUTE 5 (LAKE
STREET) PER PLAT OF DEDICATION RECORDED NOVEMBER 17, 1932 IN BOOK 301
OF PLATS, PAGES 18 AND 19; THENCE WESTERLY PARALLEL WITH SAID
NORTHERLY RIGHT OF WAY LINE, BEING ALONG A CURVE CONCAVE TO THE
NORTH HAVING A RADIUS OF 1953.93 FEET AN ARC DISTANCE OF 100.01 FEET TO A
LINE 100.00 FEET WESTERLY OF, AS MEASURED PERPENDICULAR AND PARALLEL
WITH SAID WESTERLY LINE OF LAKE STREET MEMORIAL PARK, THE CHORD OF
SAID ARC HAVING A LENGTH OF 100.00 FEET AND A BEARING OF NORTH 800 43'28"
WEST; THENCE SOUTH 090 18' 50" WEST ALONG SAID PARALLEL LINE, 199.99 FEET
TO SAID NORTHERLY RIGHT OF WAY LINE OF S.B.I. ROUTE 5 (LAKE STREET);
THENCE EASTERLY ALONG SAID NORTHERLY RIGHT OF WAY LINE, BEING A
CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 2153.87 FEET AN ARC
DISTANCE OF 100.01 FEET TO SAID WESTERLY LINE OF LAKE STREET MEMORIAL
PARK, THE CHORD OF SAID ARC HAVING A LENGTH OF 100.00 FEET AND A
BEARING OF SOUTH 800 43' 15" EAST; THENCE SOUTH 090 18' 50" WEST ALONG SAID
WESTERLY LINE, 50.01 FEET TO THE CENTER LINE OF SAID S.B.I ROUTE 5 (LAKE
STREET); THENCE NORTHWESTERLY ALONG SAID CENTER LINE, BEING ALONG A
CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 2203.87 FEET AN ARC
DISTANCE OF 911.22 FEET TO A POINT OF TANGENCY, THE CHORD OF SAID ARC
HAVING A LENGTH OF 904.74 FEET AND A BEARING OF NORTH 700 10' 3 1" WEST;
THENCE NORTH 580 19' 49" WEST ALONG SAID CENTER LINE, 419.05 FEET TO THE
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SOUTHEASTERLY LINE, AS MONUMENTED, OF LOT 17 IN THE COUNTY CLERK'S
DIVISION OF AFORESAID SECTION 20, ACCORDING TO THE PLAT THEREOF
RECORDED MAY 31, 1895 AS DOCUMENT NO. 2227309; THENCE NORTH 59' 43' 20"
EAST ALONG SAID SOUTHEASTERLY LINE,AS MONUMENTED, 542.78 FEET TO THE
MOST NORTHERLY SOUTHEAST CORNER, AS MONUMENTED, OF SAID LOT 17,
BEING ALSO A POINT ON THE NORTHWESTERLY LINE EXTENDED
SOUTHWESTERLY OF THE AFORESAID SHERWOOD OAKS UNIT NO. 6; THENCE
NORTH 580 35' 54" EAST ALONG SAID NORTHWESTERLY LINE EXTENDED
SOUTHWESTERLY OF SHERWOOD OAKS UNIT NO. 6 A DISTANCE OF 272.59 FEET TO
THE MOST WESTERLY CORNER OF LOT 21 IN SAID SHERWOOD OAKS UNIT NO. 6;
THENCE SOUTH 520 34' 49" EAST ALONG THE SOUTHWESTERLY LINE OF SAID LOT
21, A DISTANCE OF 402.74 FEET TO THE MOST SOUTHERLY CORNER OF SAID LOT
21, BEING A POINT ON THE RIGHT OF WAY OF WILL SCARLET LANE AS PLATTED
IN SAID SHERWOOD OAKS UNIT NO 6; THENCE ALONG SAID RIGHT OF WAY OF
WILL SCARLET LANE THE FOLLOWING 2 COURSES SOUTH 170 52' 26" WEST, 63.68
FEET AND SOUTHERLY, EASTERLY AND NORTHERLY ALONG A CURVE CONCAVE
TO THE NORTH HAVING A RADIUS OF 75.00 FEET AN ARC DISTANCE OF 402.96 FEET
TO THE MOST WESTERLY CORNER OF AFORESAID LOT 20 IN SHERWOOD OAKS
UNIT NO. 6 THE CHORD OF SAID ARC HAVING A LENGTH OF 65.94 FEET AND A
BEARING OF SOUTH 720 07' 03" EAST; THENCE SOUTH 72' 07' 03" EAST ALONG THE
SOUTHERLY LINE OF SAID LOT 20, A DISTANCE OF 243.98 FEET TO THE PLACE OF
BEGINNING, IN COOK COUNTY, ILLINOIS.
EXCEPTING THEREFROM THAT PART CONVEYED TO THE PEOPLE OF THE STATE
OF ILLINOIS,DEPARTMENT OF TRANSPORTATION BY TRUSTEE'S DEED RECORDED
JANUARY 27,2005, AS DOCUMENT 0502749334, DESCRIBED AS FOLLOWS:
THAT PART OF THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 41 NORTH,
RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST SOUTHERLY CORNER OF LOT 20 IN SHERWOOD OAKS
UNIT NO. 6, BEING A SUBDIVISION OF PART OF SECTIONS 20 AND 21, TOWNSHIP
AND RANGE AFORESAID, ACCORDING TO THE PLAT THEREOF RECORDED
NOVEMBER 10, 1977 AS DOCUMENT NO. 24188979, SAID CORNER BEING ALSO A
CORNER OF LAKE STREET MEMORIAL PARK CEMETERY; THENCE SOUTH 09
DEGREES 18 MINUTES 50 SECONDS WEST ALONG THE WESTERLY LINE OF SAID
LAKE STREET MEMORIAL PARK CEMETERY, 499.28 FEET TO THE NORTHERLY
RIGHT OF WAY LINE OF U.S. ROUTE NO. 20 PER PLAT OF DEDICATION OF S.B.I.
ROUTE 5 RECORDED NOVEMBER 17, 1932 IN BOOK 301 OF PLATS,PAGES 18 AND 19;
THENCE WESTERLY ALONG SAID NORTHERLY RIGHT OF WAY LINE OF U.S. ROUTE
NO. 20, BEING A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 2153.87
FEET,AN ARC DISTANCE OF 228.58 FEET TO THE POINT OF BEGINNING,THE CHORD
OF SAID ARC HAVING A LENGTH OF 228.47 FEET AND A BEARING OF NORTH 79
DEGREES 00 MINUTES 39 SECONDS WEST;THENCE SOUTH 14 DEGREES 01 MINUTE
46 SECONDS WEST ALONG A LINE THAT IS RADIAL TO THE LAST DESCRIBED
CURVE,50.00 FEET TO THE CENTER LINE OF U.S.ROUTE NO.20 PER THE AFORESAID
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PLAT OF DEDICATION RECORDED IN BOOK 301 OF PLATS, PAGES 18 AND 19;
THENCE WESTERLY ALONG SAID CENTER LINE,BEING A CURVE CONCAVE TO THE
NORTH HAVING A RADIUS OF 2203.87 FEET,AN ARC DISTANCE OF 586.57 FEET,THE
CHORD OF SAID ARC HAVING A LENGTH OF 584.84 FEET AND A BEARING OF NORTH
68 DEGREES 20 MINUTES 45 SECONDS WEST; THENCE NORTH 29 DEGREES 16
MINUTES 44 SECONDS EAST RADIAL TO SAID CENTER LINE, 50.00 FEET TO THE
NORTHERLY RIGHT OF WAY LINE OF SAID U.S. ROUTE NO. 20; THENCE NORTH 67
DEGREES 55 MINUTES 36 SECONDS EAST, 38.59 FEET; THENCE NORTH 27 DEGREES
32 MINUTES 55 SECONDS EAST, 61.62 FEET; THENCE SOUTH 62 DEGREES 27
MINUTES 05 SECONDS EAST, 80.00 FEET; THENCE SOUTH 27 DEGREES 32 MINUTES
55 SECONDS WEST, 16.61 FEET;THENCE SOUTH 01 DEGREE 05 MINUTES 45 SECONDS
EAST, 73.01 FEET; THENCE EASTERLY ALONG A CURVE CONCAVE TO THE NORTH
HAVING A RADIUS OF 2143.87 FEET AN ARC DISTANCE OF 333.60 FEET,THE CHORD
OF SAID ARC HAVING A LENGTH OF 333.26 FEET AND A BEARING OF SOUTH 68
DEGREES 54 MINUTES 47 SECONDS EAST;THENCE SOUTH 68 DEGREES 48 MINUTES
57 SECONDS EAST, 98.01 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY,
ILLINOIS.
ALSO EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL:
THAT PART OF THE SOUTHEAST QUARTER OF SECTION 20 AND THE NORTHEAST
QUARTER OF SECTION 29, TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE THIRD
PRINCIPAL MERIDIAN,DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST WESTERLY CORNER OF OUTLOT "C" OF FINAL PLAT
OAK RIDGE PHASE 1, BEING A SUBDIVISION OF PART OF SAID SOUTHEAST
QUARTER OF SECTION 20 ACCORDING TO THE PLAT THEREOF RECORDED MARCH
14,2005 AS DOCUMENT NO. 0507344002;THENCE SOUTH 60 DEGREES 19 MINUTES 17
SECONDS EAST, 260.03 FEET (RECORD BEING SOUTH 60 DEGREES 29 MINUTES 39
SECONDS EAST,259.87 FEET)ALONG THE SOUTHWESTERLY LINE OF SAID OUTLOT
"C" TO THE MOST SOUTHERLY CORNER OF SAID OUTLOT "C", BEING A POINT ON
THE SOUTHEASTERLY LINE, AS MONUMENTED, OF LOT 17 IN THE COUNTY
CLERK'S DIVISION OF SAID SECTION 20, ACCORDING TO THE PLAT THEREOF
RECORDED MAY 31, 1895 AS DOCUMENT NO. 2227309; THENCE NORTH 59 DEGREES
43 MINUTES 20 SECONDS EAST(RECORD BEING NORTH 59 DEGREES 31 MINUTES 38
SECONDS EAST) ALONG THE SOUTHEASTERLY LINE OF SAID OUTLOT "C", 72.93
FEET TO A POINT ON A NON-TANGENT CURVE FOR THE POINT OF BEGINNING;
THENCE NORTHEASTERLY, EASTERLY AND SOUTHEASTERLY ALONG A CURVE
CONCAVE TO THE SOUTH HAVING A RADIUS OF 208.00 FEET AN ARC DISTANCE OF
514.38 FEET TO A POINT OF TANGENCY, THE CHORD OF SAID ARC HAVING A
LENGTH OF 392.97 FEET AND A BEARING OF SOUTH 43 DEGREES 17 MINUTES 50
SECONDS EAST;THENCE SOUTH 27 DEGREES 32 MINUTES 55 SECONDS WEST, 154.47
FEET TO A CORNER OF LAND CONVEYED TO THE PEOPLE OF THE STATE OF
ILLINOIS, DEPARTMENT OF TRANSPORTATION BY TRUSTEES' DEEDS RECORDED
JANUARY 27, 2005 AS DOCUMENT NO. 0502749334 AND DOCUMENT NO. 0502749335;
THENCE NORTH 62 DEGREES 27 MINUTES 05 SECONDS WEST ALONG THE
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NORTHERLY LINE OF SAID STATE OF ILLINOIS, DEPARTMENT OF
TRANSPORTATION LAND, 80.00 FEET TO THE MOST NORTHERLY CORNER
THEREOF;THENCE NORTH 27 DEGREES 32 MINUTES 55 SECONDS EAST,215.96 FEET
TO A POINT ON A NON-TANGENT CURVE; THENCE NORTHWESTERLY AND
WESTERLY ALONG A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF
142.00 FEET AN ARC DISTANCE OF 290.05 FEET TO A POINT OF REVERSE
CURVATURE, THE CHORD OF SAID ARC HAVING A LENGTH OF 242.19 FEET AND A
BEARING OF NORTH 56 DEGREES 37 MINUTES 28 SECONDS WEST; THENCE
WESTERLY ALONG A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF
208.00 FEET AN ARC DISTANCE OF 152.07 FEET TO THE AFORESAID
SOUTHEASTERLY LINE, AS MONUMENTED, OF LOT 17 IN THE COUNTY CLERK'S
DIVISION OF SECTION 20, THE CHORD OF SAID ARC HAVING A LENGTH OF 148.71
FEET AND A BEARING OF SOUTH 85 DEGREES 48 MINUTES 13 SECONDS WEST;
THENCE NORTH 59 DEGREES 43 MINUTES 20 SECONDS EAST (RECORD BEING
NORTH 59 DEGREES 31 MINUTES 38 SECONDS EAST)ALONG SAID SOUTHEASTERLY
LINE, AS MONUMENTED, OF LOT 17 AND ALONG THE SOUTHEASTERLY LINE OF
AFORESAID OUTLOT "C", 143.08 FEET TO THE POINT OF BEGINNING, IN COOK
COUNTY, ILLINOIS.
ALSO EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL:
THAT PART OF THE SOUTHEAST QUARTER OF SECTION 20 AND THE NORTHEAST
QUARTER OF SECTION 29, TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE THIRD
PRINCIPAL MERIDIAN,DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHERN MOST CORNER OF ROUTE 20(LAKE STREET)RIGHT
OF WAY CONVEYED BY DOCUMENT 050274933, RECORDED JANUARY 27, 2005;
THENCE SOUTH 27 DEGREES 32 MINUTES 19 SECONDS WEST, ALONG THE
WESTERLY LINE OF SAID RIGHT OF WAY, 61.62 FEET; THENCE SOUTH 67 DEGREES
55 MINUTES 00 SECONDS WEST, ALONG SAID WESTERLY LINE, 38.59 FEET TO THE
NORTHERLY RIGHT OF WAY OF U.S. ROUTE 20 PER PLAT OF DEDICATION OF S.B.I.
ROUTE 5 (LAKE STREET) RECORDED NOVEMBER 17, 1932 IN BOOK 301 OF PLATS,
PAGES 18 AND 19; THENCE WESTERLY 89.87 FEET ALONG THE NORTHERLY RIGHT
OF WAY LINE OF U.S. ROUTE NO 20, BEING A CURVE TO THE RIGHT; HAVING A
RADIUS OF 2,153.87 FEET, CHORD BEARING NORTH 59 DEGREES 32 MINUTES 08
SECONDS WEST, AND CHORD LENGTH OF 89.86 FEET TO A POINT OF TANGENCY;
THENCE NORTH 58 DEGREES 20 MINUTES 24 SECONDS WEST, ALONG SAID
NORTHERLY RIGHT OF WAY LINE, 392.44 FEET TO THE SOUTHEASTERLY LINE, AS
MONUMENTED, OF LOT 17 IN THE COUNTY CLERK'S DIVISION OF AFORESAID
SECTION 20, ACCORDING TO THE PLAT THEREOF RECORDED MAY 31, 1898 AS
DOCUMENT 2227309; THENCE NORTH 59 DEGREES 42 MINUTES 44 SECONDS EAST,
ALONG SAID SOUTHEASTERLY LINE 260.54 FEET, TO THE SOUTHERLY LINE OF
LAMBERT LANE PER DOCUMENT 1006844025, RECORDED MARCH 9, 2010; THENCE
NORTHERLY, 152.08 FEET ALONG SAID SOUTHERLY LINE, BEING A CURVE TO THE
LEFT, HAVING A RADIUS OF 208.00 FEET, CHORD BEARING NORTH 85 DEGREES 47
MINUTES 43 SECONDS EAST, AND CHORD LENGTH OF 148.71 FEET TO A POINT OF
5
REVERSE CURVE; THENCE EASTERLY AND SOUTHERLY, 290.05 FEET ALONG SAID
SOUTHERLY LINE, BEING A CURVE TO THE RIGHT, HAVING A RADIUS OF 142.00
FEET, CHORD BEARING SOUTH 56 DEGREES 38 MINUTES 03 SECONDS EAST AND A
CHORD LENGTH OF 242.19 FEET; THENCE SOUTH 27 DEGREES 32 MINUTES 19
SECONDS WEST, ALONG THE WESTERLY LINE OF SAID LAMBERT LANE, 215.95
FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS.
ALSO EXCEPTING THEREFROM ANY REMAINING PORTION LYING WITHIN LAKE
STREET.
(Commonly known as 1630 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 Bluestone Net
Lease Properties, LLC, as applicant, and Susan L. Metzger, Trustee of the Susan L.
Metzger Trust dated 6/6/2022 and Karen G. Galler, Trustee of the Metzger Family
Trust No. 101 dated 6/6/2020, as property owners, received June 20, 2022, and
supporting documents including:
a. Revised Statement of Purpose and Conformance (revised 9/6/22), prepared by
Bluestone Net Lease Properties,received September 7, 2022;
b. ALTA/NSPS Land Title Survey,prepared by Manhard Consulting Ltd.,dated April
24,2021;
c. Plat of Annexation,prepared by Manhard Consulting Ltd.,dated June 25,2021,last
revised August 9, 2022, with such further revisions as required by the Community
Development Director;
d. Bartlett Fire Protection District Access Easement Grant and Vacation,prepared by
Manhard Consulting Ltd., dated August 10, 2022, with such further revisions as
required by the City Engineer;
e. Undated architectural plan set titled: "Elgin, Illinois Thorntons 5500 SF Pump &
Go",prepared by Luckett& Farley,received September 7, 2022, with such further
revisions as required by the Community Development Director;
f. Existing Conditions and Demolition Plan, Sheet 1 of 4, prepared by Manhard
Consulting Ltd., dated June 15, 2022, last revised September 2, 2022, with such
further revisions as required by the City Engineer;
g. Preliminary Site Dimensional and Paving Plan, Sheet 2 of 4,prepared by Manhard
Consulting Ltd., dated June 15, 2022, last revised September 2, 2022, with such
further revisions as required by the City Engineer;
h. Preliminary Grading Plan, Sheet 3 of 4, prepared by Manhard Consulting Ltd.,
dated June 15, 2022,with such further revisions as required by the City Engineer;
i. Preliminary Utility Plan, Sheet 4 of 4,prepared by Manhard Consulting Ltd.,dated
June 15,2022,last revised August 12,2022,with such further revisions as required
by the City Engineer;
j. Four-page Landscape Plans, prepared by Manhard Consulting Ltd., dated August
6
15,2022,last revised September 2,2022,with such further revisions as required by
the Community Development Director;
k. Six-page photometrics plans for: "Thornton Elgin, IL",prepared by Red Leonard
Associates, dated August 15, 2022, with such further revisions as required by the
Community Development Director; and
1. Signage package for"Thornton, Site Address: Lambert Ln& US Rte 20 Lake St.
Elgin, IL, 60120", prepared by Stratus, dated last revised August 18, 2022, 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. The location and design of vehicular access to the property and the configuration of
and required improvements to US Highway 20/Villa Street, and the associated right-
of-way is subject to the review and approval of the Illinois Department of
Transportation.
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. The operation of an accessory package liquor sales establishment as authorized by this
ordinance shall be conducted in compliance with all applicable legal requirements
including, but not limited to, obtaining liquor licenses from the City of Elgin and the
State of Illinois.Notwithstanding anything to the contrary in this ordinance, including,
but not limited to, the fact that the convenience food store is authorized to be operated
on a twenty-four (24) hour basis on the property, alcoholic liquors may be sold on the
property only between the hours authorized by the City's Liquor Code, as amended,
pursuant to the liquor license issued for the property.
6. The applicant shall submit a recorded plat of easement abrogation for the existing 20-
foot-wide access easement for Bartlett and Countryside Fire Protection District prior to
the issuance of the building permit. If a new access easement for Bartlett and
Countryside Fire Protection District will be granted, such easement document shall be
submitted prior to the issuance of the Certificate of Occupancy.
7. The applicant shall stripe pavement marking on Lambert Lane in front of the eastern
access driveway to the car wash property at 1620 Villa Street to prevent southbound
vehicles on Lambert Lane blocking the access driveway for the car wash while stopped
at the traffic signal of US Highway 20 and Lambert Lane. In addition, the applicant
shall install a"Do Not Block Driveway"traffic sign on the west side of Lambert Lane
and north of the access driveway for the car wash property at 1620 Villa Street.
7
8. The public sidewalk to be constructed along the subject property's frontage along
Lambert Lane shall be extended and constructed westward along Lambert Lane to
Hillard Drive with a connection to the existing public sidewalk along Hillard Drive
pursuant to plans approved by the City Engineer.
9. 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. KaKain, ayor
Presented: April 26, 2023
Passed: April 26, 2023
Omnibus Vote: Yeas: 9 Nays: 0
Recorded: April 26, 2023 '�
Published: April 26, 2023
tv-
Kimberly Dewis, erk
8
EXHIBIT A
September 12, 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 fmdings and recommendation of the Community Development
Department and the Planning&Zoning Commission regarding Petitions 31-22,32-22,and 33-22,
an application by Bluestone Net Lease Properties, LLC, as applicant, and Susan L. Metzger,
Trustee of the Susan L. Metzger Trust dated 6/6/2022 and Karen G. Galler,Trustee of the Metzger
Family Trust No. 101 dated 6/6/2020, as property owners, requesting annexation, planned
development as a map amendment, and conditional use to operate a 24-hour convenience store
with accessory package liquor sales,with departures from the Elgin Municipal Code requirements
for a fence within a street yard, wall graphics, canopy graphics, and any other departures as may
be necessary or required to construct a new motor vehicle service station (gas station) that also
includes fueling stations for trucks, and with a convenience store, all at the property commonly
referred to as 30 W. Lake Street,Bartlett IL 60103 and 875 Galt Boulevard, Elgin IL 60120(to be
known as 1630 Villa Street, Elgin IL 60120, if annexed to the City of Elgin).
GENERAL INFORMATION
Petition Number: 31-22, 32-22, and 33-22
Property Location: 30 W. Lake Street, Bartlett IL 60103 and 875 Galt Boulevard,Elgin
IL 60120(to be known as 1630 Villa Street if annexed to Elgin)
Requested Action: Annexation, Planned Development as a May Amendment, and
Conditional Use
Current Zoning: R-4 Single Family Residence District(Unincorporated Cook
County)
Proposed Zoning: PNB Planned Neighborhood Business District and ARC Arterial
Road Corridor Overlay District
Existing Use: Agricultural
Proposed Use: Motor vehicle service station,24-hour convenience store, and
Recommendation & Findings of Fact
Petitions 31-22, 32-22, and 33-22
September 12,2022
Accessory package liquor sales establishment
Applicant: Bluestone Net Lease Properties, LLC
Owner: Susan L. Metzger,Trustee of the Susan L. Metzger Trust dated
6/6/2022 and Karen G. Galler,Trustee of the Metzger Family Trust
No. 101 dated 6/6/2020
Staff Coordinators: Damir Latinovic,AICP, Senior Planner
Exhibits Attached: A. Aerial May
B. Zoning Map
C. Parcel May
D. Site Location Exhibit
E. Development Application, Annexation Agreement, and
Attachments
F. Correspondences
G. Draft Ordinances
BACKGROUND
Bluestone Net Lease Properties,LLC,as applicant, and Susan L. Metzger,Trustee of the Susan L.
Metzger Trust dated 6/6/2022 and Karen G. Galler, Trustee of the Metzger Family Trust No. 101
dated 6/6/2020, as property owners, are requesting annexation, planned development as a map
amendment, and conditional use to operate a 24-hour convenience store with accessory package
liquor sales, with departures from the Elgin Municipal Code requirements for a fence within a
street yard, wall graphics, canopy graphics, and any other departures as may be necessary or
required to construct a new motor vehicle service station (gas station) that also includes fueling
stations for trucks, and with a convenience store, all at the property commonly referred to as 30
W. Lake Street, Bartlett IL 60103 and 875 Galt Boulevard, Elgin IL 60120(to be known as 1630
Villa Street, Elgin IL 60120, if annexed to the City of Elgin).
The 8.32-acre subject property is located at the northeast corner of US Highway 20(Route 20)and
Lambert Lane.The property is located in unincorporated Cook County and is used for agricultural
purposes with a single-family home and a former barn. The property is encumbered by a 20-foot-
wide access easement for Bartlett and Countryside Fire Protection District, which bisects the
property and provides access from Will Scarlet Lane cul-de-sac to Route 20.
-2 -
Recommendation &Findings of Fact
Petitions 31-22, 32-22, and 33-22
September 12,2022
The property to the west across Lambert Lane is zoned PNB Planned Neighborhood Business
District and is improved with a car wash. The property to the south across Route 20 is zoned
PSFR2 Planned Single Family Residence District and is improved with a stormwater detention
facility serving the Castle Creek residential subdivision. The property adjacent to the east is part
of the Village of Bartlett and is improved with a one-story commercial building used for the water
pressure pump by the Village of Bartlett water department. The properties adjacent to the north
are located in unincorporated Cook County,zoned R4 Single Family Residential,and are improved
with single family homes along Will Scarlett Lane.
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Figure 1.Site area map with zoning overlay
Proposal
The applicant is requesting approval to annex the property and construct a new fuel center/gas
station for Thorntons. The proposed gas station would include ten double-sided fueling stations
for passenger vehicles covered by a canopy along Route 20 and four fueling stations for semi-
trucks covered by a canopy.The gas station would also have a 5,612-square foot convenience store
to be located north of the canopy covering passenger car fueling stations. The facility will not
offer any parking for semi-trucks, and will not offer any accommodation usually associated with
truck stops, such as showers, laundry, and driver's lounge.
-3 -
Recommendation & Findings of Fact
Petitions 31-22, 32-22,and 33-22
September 12,2022
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Figure 2.Proposed landscape plan
The applicant is proposing to construct the gas station on the southern 3.78 acres of the property
along Route 20. The northern 4.54 acres would remain vacant open space to serve as a buffer for
the residential properties to the north. In addition,the applicant would install a six-foot-high,solid
fence for additional screening of the gas station from the residential properties along Will Scarlett
Lane. Two stormwater detention facilities to serve the gas station would be constructed north of
the fence. The applicant would construct a new public sidewalk along the property's entire
frontage along both Route 20 and Lambert Lane with connections to the convenience store
building.
The property would have 39 parking spaces for passenger vehicles and no parking for semi-trucks.
The 5,612-square foot convenience store is required to have 22 parking spaces. The proposed 39
parking spaces exceeds the zoning ordinance requirements. Per the conversations with the Bartlett
and Countryside Fire Protection District, the applicant would vacant the existing fire access
-4-
Recommendation & Findings of Fact
Petitions 31-22, 32-22, and 33-22
September 12, 2022
easement and grant a new 20-foot easement from Will Scarlett Lane to Lambert Lane along the
north access drive. The vacation of the existing access easement will need to be finalized and
recorded prior to the issuance of the building permit.
The convenience store would be clad in red brick masonry with a neutral color stone base on all
sides of the building. The two canopies would have a peak height of 19 feet with full height brick
masonry columns that would match the masonry on the building.The refuse collection area located
east of the building would also be enclosed with a seven-foot-high masonry wall that would match
the masonry on the building.
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Figure 3.Proposed floor plan(top left),front elevation of the convenience store(top right),and
front elevation of the canopy over fuel stations for passenger vehicles(bottom)
The proposed development would meet all landscaping requirements of the zoning ordinance.The
applicant would install a total of 134 new deciduous, evergreen, and ornamental trees, including
street trees one every 40 feet along both Lambert Lane and Route 20 frontages. Extensive
landscaping would be installed on the north side of the six-foot-high fence and along the Will
Scarlett Lane cul-de-sac to screen the development from the residential properties to the north.The
proposed development would also comply with all requirements and the maximum permitted
illumination for outdoor lighting.
Traffic and Access
The development would have two access driveways; one right-in-right-out restricted access
driveway to Route 20 and one full access driveway to Lambert Lane. Route 20 is under Illinois
-5 -
Recommendation &Findings of Fact
Petitions 31-22, 32-22,and 33-22
September 12,2022
Department of Transportation (IDOT) jurisdiction while Lamber Lane is under City of Elgin
jurisdiction.
While IDOT has granted preliminary approval for the proposed access driveways, it is requesting
safety improvements to the Route 20 and Lambert Lane intersection.The applicant has agreed and
will make the necessary safety improvements, which include installation of high visibility
crosswalks, pedestrian signal poles, ADA improvements, and most importantly the addition of a
protected left-turn signal (phase) allowing for safer left-turning movements from Route 20 onto
Lamber Lane.The applicant would restripe the southbound Lamber Lane to include one designated
left turn lane, one through lane, and one designated right-turn lane. The southbound to eastbound
left-turning vehicles queuing up at the intersection during the morning and evening peak hour are
expected to extend past the car wash access drive. Therefore, the applicant would also stripe
pavement marking on Lamber Lane in front of the access driveway so that vehicles do not block
the car wash access drive.
At IDOT's request, the applicant has submitted a traffic study, which is included in the
development application packet. Per the 2019 traffic counts, Route 20 carries approximately
42,000 vehicles per day. Based on the traffic study estimates, the gas station would generate
approximately 664 trips (332 vehicles entering the site and 332 vehicles existing the site) during
the morning peak hour and 570 trips during the evening peak hour. Of that approximately 32 trips
(16 in and 16 out)are expected to be by semi-trucks during the morning peak hour and 32 trips by
semi-trucks during the evening peak hour. It is important to note, that approximately 60 per cent
of trips made to the fuel centers are diverted from the existing traffic on the roadway. Therefore,
of the 664 anticipated trips during the morning peak hour, only 284 trips(142 in and 142 out) are
expected to be new trips to the area/site. Similarly during the evening peak hour, of the 570 trips
.only 248 trips(124 in and 124 out)are expected to be new traffic trips.
The traffic study also shows that while the overall intersection currently functions at the Level of
Service(LOS) B during the weekday peak hours,the northbound and southbound movements on
Lambert Lane operate at LOS E with delays of up to 74 seconds. This is because Route 20 is a
Strategic Regional Arterial and as such receives the majority of the green cycle.
With the proposed development,the overall intersection is projected to operate at the LOS C during
both peak times. This decline is the result of the new protected eastbound and westbound left-turn
movements as requested by IDOT,which will cause a slight delay in the eastbound and westbound
through movements. This will also cause slightly longer delays for northbound and southbound
movements on Lambert Lane(up to 80 seconds)with traffic signal timing optimization.This again
is largely due to Route 20 receiving the majority of the green cycle.
The traffic study concludes that with the proposed intersection improvements requested by IDOT
and traffic signal timing optimization, the intersection can adequately accommodate the
anticipated additional traffic caused by the fuel center, and the overall intersection will continue
to operate at a good level of service.
-6-
Recommendation&Findings of Fact
Petitions 31-22, 32-22,and 33-22
September 12, 2022
Conditional Use
The applicant is proposing to operate the on-site convenience store 24 hours a day. A convenience
store operated on a twenty-four-hour basis is listed a conditional use in the NB Neighborhood
Business District and as such requires approval of a conditional use.
Similarly,the applicant is proposing to sell accessory packaged beer,wine,and limited hard liquor,
which is also listed as a conditional use in the NB Neighborhood Business District. The applicant
has agreed to have the total display area for alcoholic beverages less than 10 percent of the building
floor area(up to 561 square feet of the 5,612 square-foot building)to qualify as accessory.
If the conditional use (zoning approval) for the accessory package liquor sales is granted, the
applicant must apply for and obtain a liquor license before any sale of packaged liquor is
established. While the fuel center convenience store would be open 24 hours, the liquor license
would regulate the hours for liquor sales. The hours of operation for liquor sales allowed by the
B-4 liquor license, which is typically issued to motor vehicle service stations with convenience
stores 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.
All liquor licenses are reviewed on a case-by-case basis.A new liquor license is created and issued
each time an application for a liquor license is approved. Since 2012, the city has issued several
liquor licenses for accessory package liquor sales at gas stations and/or their convenience stores,
including the BP at 1190 N. McLean Boulevard, the BP at Route 20 and Nesler Road, the
Speedway at 1570 Big Timber Road, the Grove Mart/Shell at 2320 N. Randall Road, the 7-
Eleven/Mobil gas station at 811 E. Chicago Street, Mobile gas station at 1520 Big Timber Road,
Circle K/Shell gas station at 2455 South Street, and most recently for the 7Eleven gas station at
1570 N. Randall Road.
The applicant is also planning to apply for a license to operate accessory video gaming terminals.
Up to five video gaming terminals are proposed to be installed,which would be isolated in an area
less than 10 per cent of the building floor area. As such, the proposed video gaming terminals
would be classified as an accessory use to the fuel center/convenience store, for which a separate
conditional use is not required. This is similar to all other restaurants in the City and the Grove
Mart/ Shell fuel center at 2320 N. Randall Road all of which have video gaming terminals as an
accessory use.
The proposed development requires several departures from the zoning ordinance. All requested
departures are summarized in Table 1 below and are further described in Planned Development
Departures and Exceptions section of the staff report further below:
- 7-
Recommendation & Findings of Fact
Petitions 31-22, 32-22, and 33-22
September 12,2022
Table 1: Proposed Departures for 1630 Villa Street
Required Proposed
Height and style of a fence Max. 4 ft. high, and 6 ft. high and
in street yard Open design fence Solid,privacy fence
Max. 12 inch projection above 36.5 inch wall sign above the
Wall sign the roof line to which it is
canopy its attached to
attached
#of canopy graphics One per canopy side Two on truck fuel canopy
south side
The Community Development Department offers the following additional information:
A. Property History. The subject property is located in unincorporated Cook County and is
zoned R4 Single Family Residence District.The property is used for agricultural purposes and
is improved with a single-family home and a former barn.
B. Surrounding Land Use and Zoning.The property to the west across Lambert Lane is zoned
PNB Planned Neighborhood Business District and is improved with a car wash. The property
to the south across Route 20 is zoned PSFR2 Planned Single Family Residence District and is
improved with a stormwater detention facility serving the Castle Creek residential subdivision.
The property adjacent to the east is part of the Village of Bartlett and is improved with a one-
story commercial building used for the water pressure pump by the Village of Bartlett water
department. The properties adjacent to the north are located in unincorporated Cook County,
zoned R4 Single Family Residential, and are improved with single family homes along Will
Scarlett Lane.
C. Comprehensive Plan. The subject property is designated as Single-Family Attached by the
City's 2018 Comprehensive Plan. The single-family attached land use includes structures
containing multiple single-family dwellings, each sharing a common wall with at least one
adjacent dwelling.These typically comprise two-unit townhome and duplex units,but multiple
unit rowhomes and tri-plexes are also common in Elgin. Single-family attached development
provides affordable housing options for young families as well as empty-nesters looking to
downsize but remain within the Elgin community. Single-family attached development can be
used to buffer single-family detached residential areas from more intense commercial or multi-
family developments.This land use can also be used to increase the number of residents living
in areas well-served by infrastructure and community assets such as Downtown Elgin.
Densities should range from 4 to 20 du/ac. Developments on the lower end of this range will
consist primarily of duplexes, and developments toward the higher end of this range will be
townhouses within the downtown and/or near mass transit.
D. Zoning District. The purpose of the proposed PNB Planned Neighborhood Business
District is to provide for planned commercial area supplying daily convenience
- 8 -
Recommendation & Findings of Fact
Petitions 31-22, 32-22, and 33-22
September 12,2022
commodities and services to a neighborhood population,subject to the provision of Chapter
19.60"Planned Developments"of the Elgin Municipal Code.The scale of development of
a PNB zoning district is limited by the applicable site design regulations due to its function
and resulting close proximity to residences. A PNB zoning district is most similar to, but
departs from the standard requirements of the NB zoning district.
E. Trend of Development.The subject property is located on the east side of Elgin along US
Highway 20. Per 2019 IDOT traffic counts for US Highway 20, approximately 42,000
vehicles drive by the site daily. US Highway 20 is a limited access highway west of Shales
Parkway intersection, which is located approximately 1/3 of a mile to the west. As such,
US Highway 20 will continue to experience high volume of traffic and will attract land
uses that benefit from the access to a limited access highway and the proximity to high
volume of traffic. Staff anticipates future uses in the immediate vicinity along US Highway
20 will be commercial auto-oriented land uses, such as fast-food restaurants with drive-
through services, gas stations, and other similar commercial uses typically seen along
arterial roadways serving the residents from immediate neighborhoods as well as the larger
area.
FINDINGS
After due notice as required by law, the Planning & Zoning Commission conducted a public
hearing in consideration of Petitions 31-22, 32-22, and 33-22 on September 12, 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 &
Recommendation to the Planning&Zoning Commission dated September 12,2022.
The Community Development Department and the Planning & Zoning Commission have made
the following findings regarding the application against the standards for map amendments
outlined in§ 19.55.030,standards for planned developments outlined in§ 19.60.040,and standards
for conditional use outlined within§ 19.65.030 of the zoning ordinance.
STANDARDS FOR MAP AMENDMENTS AND 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 8.32-acre property is currently used for
farming purpose with a single-family home and a former barn structure. The property is
generally flat and does not contain any watercourses that would have a negative impact on
the proposed development.The property currently receives stormwater runoff from the car
-9-
Recommendation & Findings of Fact
Petitions 31-22, 32-22, and 33-22
September 12,2022
wash property to the west, and the applicant has designed the site to maintain that
arrangement. Similarly, there are no significant vegetation or trees on the property that
would prevent the construction of the development as proposed.
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 property is suitable for the intended planned development with
respect to the availability of adequate water, sanitary treatment, and storm water control
facilities.All existing municipal water, sanitary sewer, and stormwater utilities are located
in close proximity of the site and can accommodate the proposed development. The
applicant would extend the existing sanitary sewer line in Lambert Lane by approximately
500 feet to the east to provide a service connection for the development.The applicant will
connect to the existing 8-inch water main in Lamber Lane.
Two surface stormwater detention facilities would be constructed to serve the development
and are located north of the gas station. The site design allows for the existing stormwater
runoff which drains through the site from the car wash property to remain. That off site
runoff and the property's stormwater detention facilities would both be connected to the
existing stormwater infrastructure in Route 20 which has adequate capacity to serve the
proposed development.
C. Traffic and Parking Standard. The suitability of the subject property for the planned
development with respect to the provision ofsafe and efficient on-site and offsite vehicular
circulation designed to minimize traffic congestion.
1. Nonresidential land uses should be located central and accessible to the area or
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 Route 20 and
Lambert Lane. Route 20 is under IDOT jurisdiction while Lambert Lane is under City of
- 10-
Recommendation & Findings of Fact
Petitions 31-22, 32-22, and 33-22
September 12,2022
Elgin jurisdiction. The proposed development would have a restricted right-in-right-out
access driveway to Route 20 and a full access driveway to Lambert Lane. The applicant
has prepared a traffic study to demonstrate that the proposed access arrangement will
adequately serve the proposed development and will not have a negative effect on the
traffic circulation in the immediate vicinity of the site.
Per IDOT's request, the applicant will make substantial improvements to Route 20 and
Lambert Lane intersection to modernize it and improve the safety. The improvements
include high visibility crosswalks,pedestrian signal poles,ADA improvements, and most
importantly the addition of protected left-turn signals for vehicles turning onto Lambert
Lane from Route 20.
While the proposed development will result in additional vehicular trips to the site,
approximately 60 per cent of site generated traffic will be diverted from the existing traffic
on the roadway. As a result only 284 new trips during the morning peak hour and 248 new
trips during the evening peak hour are expected. The adjacent roadways, which includes
Route 20 which carries 42,000 vehicles per day, can adequately absorb the additional
traffic.
The traffic study also shows that after the proposed improvements and traffic signal timing
optimization,the overall intersection will continue to operate at good level of service. The
northbound and southbound movements on Lambert Lane will continue to experience
similar delays as is the case today due to the majority of the green cycle reserved for Route
20, a Strategic Regional Arterial.
The proposed gas station with a 5,612-square foot convenience store is required to provide
22 parking spaces based on the requirement for one parking stall per 250 square feet of
floor area. With 39 parking spaces proposed, the proposed development will meet the
parking requirement. Most importantly, the facility will not have any parking for semi-
trucks and trailers.
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 subject property is located in unincorporated Cook County and is zoned R4
Single Family Residence District. The property is used for agricultural purposes and is
improved with a single-family home and a former barn.
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
- 11 -
Recommendation & Findings of Fact
Petitions 31-22, 32-22, and 33-22
September 12, 2022
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. The property to the
west across Lambert Lane is zoned PNB Planned Neighborhood Business District and is
improved with a car wash. The property to the south across Route 20 is zoned PSFR2
Planned Single Family Residence District and is improved with a stormwater detention
facility serving the Castle Creek residential subdivision. The property adjacent to the east
is part of the Village of Bartlett and is improved with a one-story commercial building used
for the water pressure pump by the Village of Bartlett water department. The properties
adjacent to the north are located in unincorporated Cook County, zoned R4 Single Family
Residential, and are improved with single family homes along Will Scarlett Lane.
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 on the east side of Elgin along US
Highway 20. Per 2019 IDOT traffic counts for US Highway 20, approximately 42,000
vehicles drive by the site daily.US Highway 20 is a limited access highway west of Shales
Parkway intersection, which is located approximately 1/3 of a mile to the west. As such,
US Highway 20 will continue to experience high volume of traffic and will attract land
uses that benefit from the access to a limited access highway and the proximity to high
volume of traffic. Staff anticipates future uses in the immediate vicinity along US Highway
20 will be commercial auto-oriented land uses, such as fast-food restaurants with drive-
through services, gas stations, and other similar commercial uses typically seen along
arterial roadways serving the residents from immediate neighborhoods as well as the larger
area.
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. The subject property is suitable 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. The purpose of the proposed PNB Planned Neighborhood
Business District is to provide for planned commercial area supplying daily convenience
commodities and services to a neighborhood population,subject to the provision of Chapter
19.60"Planned Developments"of the Elgin Municipal Code. The scale of development of
a PNB zoning district is limited by the applicable site design regulations due to its function
and resulting close proximity to residences. A PNB zoning district is most similar to, but
- 12-
Recommendation & Findings of Fact
Petitions 31-22, 32-22, and 33-22
September 12,2022
departs from the standard requirements of the NB zoning district.
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
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 Single-family Attached by the City's 2018
Comprehensive Plan. The single-family attached land use includes structures containing
multiple single-family dwellings, each sharing a common wall with at least one adjacent
dwelling.These typically comprise two-unit townhome and duplex units,but multiple unit
rowhomes and tri-plexes are also common in Elgin. Single-family attached development
provides affordable housing options for young families as well as empty-nesters looking
to downsize but remain within the Elgin community. Single-family attached development
can be used to buffer single-family detached residential areas from more intense
commercial or multi-family developments. This land use can also be used to increase the
number of residents living in areas well-served by infrastructure and community assets
such as Downtown Elgin. Densities should range from 4 to 20 du/ac. Developments on the
lower end of this range will consist primarily of duplexes, and developments toward the
higher end of this range will be townhouses within the downtown and/or near mass transit.
However,residential development on the subject property is not likely. Per the most recent
IDOT traffic counts,approximately 42,000 vehicles drive by the site daily on Route 20.As
such,a residential development, as forecast by the Comprehensive Plan,is not appropriate
for the subject site. The highest and best use of the property are land uses that benefit from
the access to a limited access highway and the proximity to high volume of traffic, such as
commercial auto-oriented land uses. The proposed gas station is one of those uses, which
provides a service to the residents from the immediate neighborhood as well as the
residents from a larger area.
The applicant is also proposing a commercial development due to the recent and future
trend of development along Route 20. Other non-residential uses along Route 20 in close
proximity of the property include Everclean car wash located at the northwest corner of
Route 20 and Lambert Lane, Estes Express Lines, a trucking logistics company located at
the southwest corner of Route 20 and Lambert Lane, Safety-Kleen, a wholesaler of used
motor and industrial oil products,Copart,a motor vehicle recycling yard,and Elgin Toyota
motor vehicle dealership (located in the Village of Streamwood). The proposed PNB
District is also consistent with the PNB Planned Neighborhood Business District of the
Everclean car wash across the street.
ADDITIONAL STANDARDS FOR PLANNED DEVELOPMENTS
- 13 -
Recommendation & Findings of Fact
Petitions 31-22, 32-22, and 33-22
September 12,2022
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. This standard is not applicable. The applicant is not seeking approval of a
planned development as a conditional use.
J. 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 8.32-acre property is currently used for
farming purpose with minimal natural features. There are no existing watercourses or
property improvements that would have a negative impact on the proposed development
of the property.
The proposed development will exceed the landscaping requirements. The proposal
includes 156 new shade,evergreen, and ornamental trees on the site. The proposed design
includes extensive landscaping along the bulb of Will Scarlet Lane cul-de-sac to provide
the screening for residential properties to the north. The applicant would also install the
required street trees along both the Route 20 and Lambert Lane with a shade tree every 40
feet of frontage.
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 gas station is a typical auto-oriented land use usually located
along heavily travelled arterial roadways such as Route 20,which carries 42,000 vehicles
per day in the vicinity of the site. In addition to the standard fueling stations for passenger
vehicles, the proposed fuel center includes four fueling stations for semi-trucks which is
appropriate and expected considering the amount of traffic on Route 20 and the heavy
industrial uses in close proximity of the site.The proposed development,however,will not
- 14-
Recommendation& Findings of Fact
Petitions 31-22, 32-22,and 33-22
September 12, 2022
provide any parking spaces for semi-trucks and trailers.
The proposed convenience store part of the fuel center would be open 24 hours a day,
which represents a desirable amenity for goods and services considering the closest grocery
store or convenience store is approximately two miles away in Streamwood(Target at IL
Route 59 and IL Route 19).
With the proposed 6-foot-high fence on the north side of the development and extensive
landscaping to create a buffer for the residential uses to the north, and the improvements
to the Route 20 and Lambert Lane intersection, the proposed development will not have
any undue detrimental effects on surrounding properties and uses.
PLANNED DEVELOPMENT DEPARTURES AND EXCEPTIONS
The applicant is requesting the following departures from the requirements of the zoning
ordinance:
1. Section 19.90.015, "Definitions and Regulations". The maximum permitted height and style
of a fence within a street yard is four feet high and open design fence. The applicant is proposing
a six-foot-high,solid,privacy fence in the street yard northwest of the convenience store building.
2. Section 19.50.080,"Wall and Integral Roof Graphics". A wall sign is permitted to project a
maximum of 12 inches above the building surface it is attached to. The applicant is proposing to
install 36.5-inch high wall sign on top of the canopy above the building's front entrance.
3. Section 19.50.090,"Special Street Graphics".A maximum of one canopy graphic is permitted
per canopy side. The applicant is proposing two graphics on the south side of the canopy covering
the fuel stations for semi-trucks.
Staff finds the proposed departures are appropriate and necessary for the construction of a desirable
development on a long vacant site.
The six-foot-high, solid, privacy fence is included at the request of staff to provide adequate
screening of the proposed development. The fence is located on the north side of the gas station
but extends past the convenience store towards Lambert Lane and thereby encroaches into the
street yard. The fence would be constructed of durable PVC material and neutral color, and along
with the proposed landscaping, will enhance the buffer for the residential properties adjacent to
the north.
The proposed wall sign on the south elevation of the convenience store building exceeds the
maximum permitted projection because it is located on top of the canopy above the front door.The
location of such wall sign is a signature piece of the building design that is important for
- 15 -
Recommendation & Findings of Fact
Petitions 31-22, 32-22, and 33-22
September 12,2022
Thorntons' corporate image. The overall sign surface area of the proposed 46-square foot sign is
well within the maximum permitted sign surface area of 120 square feet.
The two proposed graphics on the south side of the truck canopy are necessary and desirable to
properly direct truck traffic through the site. While one graphic advertises "Thorntons", as is
expected, the second graphic says "Truck Exit" to prevent any trucks from wrong way entering
the fueling stations. This second graphic on the canopy essentially serves as a directional graphic
in the most visible location for truck drivers. The applicant is not proposing any typical ground-
mounted directional graphics.
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,and vegetation,and
existing improvements. The 8.32-acre property is currently used for farming purpose with
a single-family home and a former barn structure. The property is generally flat and does
not contain any watercourses that would have a negative impact on the proposed
development. The property currently receives stormwater runoff from the car wash
property to the west, and the applicant has designed the site to maintain that arrangement.
Similarly, there are no significant vegetation or trees on the property that would prevent
the construction of the development as proposed.
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.All
existing municipal water, sanitary sewer, and stormwater utilities are located in close
proximity of the site and can accommodate the proposed development. The applicant
would extend the existing sanitary sewer line in Lambert Lane by approximately 500 feet
to the east to provide a service connection for the development.The applicant will connect
to the existing 8-inch water main in Lamber Lane.
Two surface stormwater detention facilities would be constructed to serve the development
and are located north of the gas station. The site design allows for the existing stormwater
runoff which drains through the site from the car wash property to remain. That off site
runoff and the property's stormwater detention facilities would both be connected to the
existing stormwater infrastructure in Route 20 which has adequate capacity to serve the
- 16-
Recommendation & Findings of Fact
Petitions 31-22, 32-22, and 33-22
September 12,2022
proposed development.
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 Route 20 and Lambert Lane.
Route 20 is under IDOT jurisdiction while Lambert Lane is under City of Elgin jurisdiction.
The proposed development would have a restricted right-in-right-out access driveway to
Route 20 and a full access driveway to Lambert Lane. The applicant has prepared a traffic
study to demonstrate that the proposed access arrangement will adequately serve the
proposed development and will not have a negative effect on the traffic circulation in the
immediate vicinity of the site.
Per IDOT's request, the applicant will make substantial improvements to Route 20 and
Lambert Lane intersection to modernize it and improve the safety. The improvements
include high visibility crosswalks, pedestrian signal poles, ADA improvements, and most
importantly the addition of protected left-turn signals for vehicles turning onto Lambert
Lane from Route 20.
While the proposed development will result in additional vehicular trips to the site,
approximately 60 per cent of site generated traffic will be diverted from the existing traffic
on the roadway. As a result,only 284 new trips during the morning peak hour and 248 new
trips during the evening peak hour are expected. The adjacent roadways, which includes
Route 20 which carries 42,000 vehicles per day, can adequately absorb the additional
traffic.
The traffic study also shows that after the proposed improvements and traffic signal timing
optimization,the overall intersection will continue to operate at good level of service.The
northbound and southbound movements on Lambert Lane will continue to experience
similar delays as is the case today due to the majority of the green cycle reserved for Route
20, a Strategic Regional Arterial.
The proposed gas station with a 5,612-square foot convenience store is required to provide
22 parking spaces based on the requirement for one parking stall per 250 square feet of
floor area. With 39 parking spaces proposed, the proposed development will meet the
parking requirement. Most importantly, the facility will not have any parking for semi-
trucks and trailers.
D. Location, Design, and Operation Standard. The suitability of the subject property for
- 17 -
Recommendation&Findings of Fact
Petitions 31-22, 32-22, and 33-22
September 12, 2022
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 proposed gas station is located along a busy arterial road and would
provide services not only to the immediate neighborhood, but a population from a larger
area as well. The proposed development is an auto-oriented land use that is typically
located along a heavily traveled arterial route such as Route 20.
The applicant has designed the site so that the proposed development occupies the southern
3.78 acres of the property while the northern 4.5 acres would remain vacant and
undeveloped closest to the adjacent residential properties. Along with the six-foot-high,
solid,privacy fence and extensive landscaping,this site design provides a substantial buffer
from the adjacent residential uses.
At IDOT's request, the applicant would make intersection improvements to modernize it
with high visibility crosswalks, pedestrian signal poles, ADA improvements, and most
importantly the addition of protected left-turn signals for vehicles turning onto Lambert
Lane from Route 20.
The proposed 24-hour operation of the convenience store and the sales of packaged liquor
at the convenience store is similar to other motor vehicle service stations that offer
packaged liquor. No beer or malt beverages will be offered as single-serve packages, and
there would be no alcohol sales for on-site consumption.
While the motor vehicle service station and convenience store would be open 24 hours, 7
days per week, the sale of alcoholic beverages would be limited by the B-4 liquor license,
which is typically issued to motor vehicle service station convenience stores with accessory
package liquor. The typical hours of operation for liquor sales established by B-4 liquor
license 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) on
Sunday.
The proposed development will be located and operated in a manner that will not exercise
any undue detrimental impact on 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.
- 18 -
Recommendation & Findings of Fact
Petitions 31-22, 32-22, and 33-22
September 12,2022
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
RECOMMENDATION
The Community Development Department and the Planning & Zoning Commission recommend
approval of Petitions 31-22, 32-22, and 33-22, subject to the following conditions:
1. Substantial conformance to the Development Application submitted by Bluestone Net
Lease Properties, LLC, as applicant, and Susan L. Metzger, Trustee of the Susan L.
Metzger Trust dated 6/6/2022 and Karen G. Galler, Trustee of the Metzger Family Trust
No. 101 dated 6/6/2020, as property owners, received June 20, 2022, and supporting
documents including:
a. Revised Statement of Purpose and Conformance (revised 9/6/22), prepared by
Bluestone Net Lease Properties,received September 7, 2022;
b. ALTA/NSPS Land Title Survey,prepared by Manhard Consulting Ltd.,dated April
24, 2021;
c. Plat of Annexation,prepared by Manhard Consulting Ltd.,dated June 25,2021,last
revised August 9, 2022, with such further revisions as required by the Community
Development Director;
d. Bartlett Fire Protection District Access Easement Grant and Vacation,prepared by
Manhard Consulting Ltd., dated August 10, 2022, with such further revisions as
required by the City Engineer;
e. Undated architectural plan set titled: "Elgin, Illinois Thorntons 5500 SF Pump &
Go",prepared by Luckett& Farley, received September 7,2022,with such further
revisions as required by the Community Development Director;
f. Existing Conditions and Demolition Plan, Sheet 1 of 4, prepared by Manhard
Consulting Ltd., dated June 15, 2022, last revised September 2, 2022, with such
further revisions as required by the City Engineer;
g. Preliminary Site Dimensional and Paving Plan, Sheet 2 of 4,prepared by Manhard
Consulting Ltd., dated June 15, 2022, last revised September 2, 2022, with such
further revisions as required by the City Engineer;
h. Preliminary Grading Plan, Sheet 3 of 4, prepared by Manhard Consulting Ltd.,
dated June 15, 2022,with such further revisions as required by the City Engineer;
i. Preliminary Utility Plan, Sheet 4 of 4,prepared by Manhard Consulting Ltd.,dated
June 15,2022,last revised August 12,2022,with such further revisions as required
by the City Engineer;
j. Four-page Landscape Plans, prepared by Manhard Consulting Ltd., dated August
15,2022,last revised September 2,2022,with such further revisions as required by
the Community Development Director;
k. Six-page photometrics plans for: "Thorntons Elgin, IL", prepared by Red Leonard
- 19-
Recommendation & Findings of Fact
Petitions 31-22, 32-22, and 33-22
September 12,2022
Associates, dated August 15, 2022, with such further revisions as required by the
Community Development Director; and
1. Signage package for"Thorntons, Site Address: Lambert Ln& US Rte 20 Lake St.
Elgin, IL, 60120", prepared by Stratus, dated last revised August 18, 2022, 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, privacy
fence within the street yard along Lamber Lane. Such fence shall be constructed of durable
PVC material and neutral color.
3. A departure is hereby granted to allow the installation of a wall graphic which projects
more than twelve(12) inches from the surface to which it has been attached in substantial
conformance to the signage package for"Thorntons, Site Address: Lambert Ln & US Rte
20 Lake St. Elgin, IL, 60120", prepared by Stratus, dated last revised August 18, 2022,
with such further revisions as required by the Community Development Director.
4. A departure is hereby granted to allow the installation of two canopy graphics on the south
side of the canopy over fueling stations for semi-trucks in substantial conformance to the
Signage package for"Thorntons, Site Address: Lambert Ln & US Rte 20 Lake St. Elgin,
IL, 60120", prepared by Stratus, dated last revised August 18, 2022, with such further
revisions as required by the Community Development Director.
5. The location and design of vehicular access to the property and the configuration of and
required improvements to US Highway 20/Villa Street, and the associated right-of-way is
subject to the review and approval of the Illinois Department of Transportation.
6. 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.
7. Consumption of alcoholic beverages on the premises is not permitted.
8. The applicant shall submit a recorded plat of easement abrogation for the existing 20-foot-
wide access easement for Bartlett and Countryside Fire Protection District prior to the
issuance of the building permit. If a new access easement for Bartlett and Countryside Fire
Protection District will be granted, such easement document shall be submitted prior to the
issuance of the Certificate of Occupancy.
9. The applicant shall stripe pavement marking on Lambert Lane in front of the eastern access
- 20 -
Recommendation & Findings of Fact
Petitions 31-22, 32-22,and 33-22
September 12,2022
driveway to the car wash property at 1620 Villa Street to prevent southbound vehicles on
Lambert Lane blocking the access driveway for the car wash while stopped at the traffic
signal of US Highway 20 and Lambert Lane. In addition, the applicant shall install a"Do
Not Block Driveway"traffic sign on the west side of Lambert Lane and north of the access
driveway for the car wash property at 1620 Villa Street.
10. Compliance with all applicable codes and ordinances.
The vote of the Planning&Zoning Commission on the motion to recommend approval, subject to
the conditions outlined by the Community Development Department, was three (3) yes, two (2)
no, and zero(0)abstentions. Two members were absent.
Respectfully Submitted,
s/Jay Cox
Jay Cox,Chairman
Planning&Zoning Commission
s/Damir Latinovic
Damir Latinovic,AICP; Secretary
Planning&Zoning Commission
-21 -
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Petitions 31-22, 32-22, and 33-22
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EXHIBIT D
SITE LOCATION
1630 Villa Street
Petitions 31-22, 32-22, and 33-22
Sub ect Property
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