HomeMy WebLinkAboutG24-23 Ordinance No. G24-23
AN ORDINANCE
GRANTING A CONDITIONAL USE TO ESTABLISH A TOBACCO STORE
IN THE CC 1 CENTER CITY DISTRICT
(20 South State Street)
WHEREAS, written application has been made requesting conditional use approval to
establish a tobacco store at 20 S. State Street; and
WHEREAS, the zoning lot with the building containing the premises at 20 S. State Street
is legally described herein (the "Subject Property"); and
WHEREAS, the Subject Property is located within the CC1 Center City District, and a
tobacco store is listed as a conditional use within the CC 1 Center City District; and
WHEREAS,the Planning and Zoning Commission conducted a public hearing concerning
said application on April 3, 2023, 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 CC 1 Center City 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 April 3, 2023, 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 tobacco store is hereby granted for the property
commonly known as 20 South State Street, which is part of the property commonly identified b37
Kane County Property Index Numbers: 06-14-428-005, 06-14-428-006, and 06-14-428-007, and
legally described as follows:
THE EASTERLY 100.0 FEET OF LOTS 9 AND 10 AND THE EASTERLY 100.0 FEET OF
THE NORTHERLY 8.0 FEET OF LOT 11 ALL IN BLOCK 30 OF THE ORIGINAL TOWN OF
ELGIN, ON THE WEST SIDE OF PDX RIVER, IN THE CITY OF ELGIN, KANE COUNTY,
ILLINOIS.
AND
THAT PART OF LOTS 5, 6, 11 AND 12, LYING EASTERLY OF THE EASTERLY LINE OF
THE RIGHT OF WAY OP THE CHICAGO AND NORTHWESTERN RAILWAY COMPANY
IN BLOCK 30 OF THE ORIGINAL TOWN OF ELGIN ON THE WEST SIDE OF THE FOX
RIVER (EXCEPT THE NORTHERLY 7.35 FEET THEREOF OF SAID LOT 6 AND EXCEPT
THE NORTHERLY 8 FEET THEREOF OF SAID LOT 11 AND ALSO EXCEPT THAT PART
LYING WITHIN THE FOLLOWING DESCRIBED PROPERTY:
COMMENCING AT THE POINT OF INTERSECTION OF SAID EASTERLY LINE OF THE
RIGHT OF WAY OF SAID CHICAGO AND NORTHWESTERN RAILWAY WITH THE
NORTHERLY LINE OF LOT 8 IN SAID BLOCK 30; THENCE SOUTHEASTERLY ALONG
SAID EASTERLY RIGHT OF WAY LINE 50 FEET FOR THE POINT OF BEGINNING;
THENCE SOUTHEASTERLY ALONG SAID EASTERLY RIGHT OF WAY LINE 100.5
FEET; THENCE NORTHEASTERLY AT RIGHT ANGLES TO SAID EASTERLY RIGHT OF
WAY LINE 10 FEET; THENCE NORTHWESTERLY PARALLEL WITH SAID EASTERLY
RIGHT OF WAY LINE 100.5 FEET; THENCE SOUTHWESTERLY 10 FEET TO THE POINT
OF BEGINNING) , IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS.
AND
THE NORTH HALF OF THAT PART OF VACATED SOUTH STREET BOUNDED BY A
LINE DESCRIBED AS BEING BOUNDED ON THE WEST BY THE EAST RIGHT OF WAY
LINE OF THE CHICAGO AND NORTHWESTERN RAILROAD, BOUNDED ON THE
NORTH BY THE SOUTH LINE OF BLOCK 30 OF W.C. KIMBALL'S ORIGINAL PLAT OF
WEST ELGIN, BOUNDED ON THE EAST BY THE WEST LINE OF STATE STREET, AND
BOUNDED ON THE SOUTH BY THE NORTH LINE OF BLOCK 31 OF SAID ORIGINAL
PLAT, ALL IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS.
(commonly known as 2-20 South State 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 Galaxy Elgin,
LLC,as applicant, and Parkway Bank and Trust Co. Trust No. 10907/Rick Heidner, as
property owner, received February 6,2023 and supporting documents including:
a. Undated Statement of Purpose Galaxy Elgin, LLC 20 S. State St, Elgin, IL 60123,
received March 13, 2023;
2
b. ALTA/NSPS Land Title Survey, prepared by Vanderstappen Land Surveying Inc.,
dated March 7, 2023;
c. Undated site plan, prepared by MySitePlan.com, dated received January 31, 2023,
with such further revisions as required by the Community Development Director;
and
d. Floor plan, prepared by John W. Roberson, architect, dated March 11, 2023, 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. All exterior street graphics must comply with the zoning ordinance requirements. Wall
signs shall not be box signs. Wall signs must be channel letters.
3. The retail product display racks installed along the south and east storefront windows
of the tenant space shall be a maximum of two feet high.
4. Compliance with all applicable codes and ordinances.
Section 4. That this ordinance shall be full force and effect upon its passage in the
manner provided by law.
David J. K ain, Vayor
Presented: May 24, 2023
Passed: May 24, 2023
Vote: Yeas: 8 Nays: 1
Recorded: May 24, 2023
Published: May 24, 2023 m
� `F3
Attest:
imberly Dewis, d1wOerk
3
EXHIBIT A
April 3,2023
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 and Zoning Commission regarding Petition 07-23,an application by
Galaxy Elgin,LLC,as applicant,and Parkway Bank and Trust Co.Trust No. 10907/Rick Heidner,
as property owner, requesting a conditional use to establish a tobacco store at the property
commonly referred to as 20 S. State Street.
GENERAL INFORMATION
Petition Number: 07-23
Property Location: 20 S. State Street
Requested Action: Conditional Use
Current Zoning: CC 1 Center City District and ARC Arterial Road Corridor Overlay
District
Proposed Zoning: No change. CC Center City District and ARC Arterial Road
Corridor Overlay District
Existing Use: Vacant commercial sQace
Proposed Use: Tobacco store
Applicant: Galaxy Elgin, LLC
Owner Parkway Bank and Trust Co. Trust No. 10907/Rick Heidner
Staff Coordinator: Damir Latinovic,AICP, Senior Planner
Exhibits Attached: A. Aerial/Location Map
Recommendation & Findings of Fact
Petition 07-23
April 3,2023
B. Zoning Map
C. Parcel Map
D. Site Location
E. Development Application and Attachments
F. Draft Ordinance
BACKGROUND
Galaxy Elgin,LLC,as applicant, and Parkway Bank and Trust Co.Trust No. 10907/Rick Heidner,
as property owner, are requesting a conditional use to establish a tobacco store at the property
commonly referred to as 20 S. State Street.
The subject property is a 3,600-square-foot tenant space, part of a 9,825-square-foot commercial
multi-tenant strip-mall building. The building is part of the 38,894-square-foot (0.89 acres)
property located at the southwest corner of S. State Street and W. Chicago Street. The property
also includes a parking lot with 37 parking spaces shared by all tenants in the building.The subject
tenant space is currently vacant but was most recently occupied by a laundromat. Except for the
subject tenant space,the building is fully occupied and includes J.J. Peppers Food Store,Currency
Exchange office, Cricket Wireless retail store, and Oxford Auto Insurance office. The property is
zoned CC 1 Center City District and ARC Arterial Road Corridor Overlay District.
The property adjacent to the west with frontage along W.Chicago Street is zoned CC 1 Center City
District and is improved with a one-story commercial building home to Jim's Towing and
Automotive motor vehicle repair shop. Beyond that is the Chicago and Northwestern Railroad
embankment property zoned RC3 Residence Conservation. The property to the north across W.
Chicago Street is zoned CC 1 Center City District and is improved with a two-story mixed-use
building with ground floor commercial space occupied by a hair salon and upper-level residential
units. The properties to the east across State Street include three two-story mixed-use buildings
with frontage along W.Chicago Street,all zoned CC 1 Center City District,and occupied by ground
floor hair salons and upper-level residences, and the Metra station parking lot zoned CF
Community Facility District. To the south the property is adjacent to a couple of vacant parcels
with frontage along S. State Street zoned CC Center City District.
-2 -
Recommendation & Findings of Fact
Petition 07-23
April 3,2023
Subject property
' Ir4I and tenants ace
04
a
Figure 1:Site area map with zoning overlay
The applicant is proposing to establish a tobacco store within the vacant 3,600-square foot tenant
space at 20 S. State Street.The applicant is proposing to sell tobacco and vape products.The hours
of operation would be from 10 am to 11 pm Monday through Sunday.The peak time is anticipated
to be daily from 5 pm to 7 pm.
-3 -
Recommendation& Findings of Fact
Petition 07-23
April 3, 2023
The owner of the property is in
the process of removing various
parts of the former laundromat
6i°IL1GE °EE« e
facility. The applicant is not
proposing any interior or exterior
changes to the building or the
site. Any future signage, will
�Dear ups z e
meet the zoning ordinance
TENANT SPACE requirements. The display racks
3,6pi Sf along the south and east
► r storefront windows of the tenant
k space would be maximum two
feet heigh so that the products do
not obstruct the storefront
windows.
k
N D16PiAY CASE811 Land uses in the downtown CC
District are not required to
N7 61DEW/�K°R EJf1ENI0R
provide any on-site parking
spaces. The property does,
however, have a surface parking
\ "❑ lot with 37 parking stalls shared
by all tenants in the building.The
existing parking lot can
Figure 2:Proposed floor plan adequately serve the proposed
tobacco retail store and all
existing tenants in the building.
The proposed tobacco store is listed as a conditional use in the CC 1 Center City District and
requires the review and recommendation by the Planning and Zoning Commission and approval
by the City Council.
The Community Development Department offers the following additional information:
A. Property History.The subject property was part of the original town of Elgin subdivision
since the City's incorporation in 1835. The property was originally zoned F Industrial
District in 1927. In 1962,the property was rezoned to M-1 Limited Manufacturing District.
In 1992,the property was rezoned to CC 1 Center City 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.
The existing 9,825-square foot commercial multi-tenant building was constructed in 1996.
-4-
Recommendation &Findings of Fact
Petition 07-23
April 3, 2023
B. Surrounding Land Use and Zoning. The property adjacent to the west with frontage
along W. Chicago Street is zoned CC 1 Center City District and is improved with a one-
story commercial building home to Jim's Towing and Automotive motor vehicle repair
shop. Beyond that is the Chicago and Northwestern Railroad embankment property zoned
RC3 Residence Conservation. The property to the north across W. Chicago Street is zoned
CC 1 Center City District and is improved with a two-story mixed-use building with ground
floor commercial space occupied by a hair salon and upper-level residential units. The
properties to the east across State Street include three two-story mixed-use buildings with
frontage along W. Chicago Street, all zoned CC 1 Center City District and occupied by
ground floor hair salons and upper-level residences,and the Metra station parking lot zoned
CF Community Facility District.To the south the property is adjacent to a couple of vacant
parcels with frontage along S. State Street zoned CC 1 Center City District.
C. Comprehensive Plan.The subject property is designated as Downtown Mixed-Use by the
City's 2018 Comprehensive Plan and Design Guidelines. Elgin's historic downtown
contains mixed-use structures featuring retail, restaurant, service uses, office and
residential uses. Mixed-use structures contribute to an active street life and help foster a
unique sense of place within Elgin.A variety of uses should be encouraged throughout the
Downtown and should be located at or near the sidewalk with parking in the rear.
D. Zoning District. The purpose and intent of the CC 1 Center City District is to facilitate the
implementation of the official comprehensive plan for the city center, as focused on a
distinctive subarea of the city with a common urban fabric. The CC 1 zoning district
provides for a concentration of finance, service, retail, civic, office, and cultural uses in
addition to complementary uses such as hotels, entertainment and housing. The
development standards are intended to encourage a mix of activity in the area while
providing for quality development that maintains a sense of history, human scale and
pedestrian-oriented character.
E. Trend of Development. The property is located on the west side of the Fox River within
the block bounded by W. Chicago Street on the north S. State Street on the east, and the
Chicago and Northwestern Railroad tracks on the west. The property is part of the
traditional downtown area that has historically been developed with a mix of land uses.
Due to its proximity to the railroad, this block of the downtown has included some light
manufacturing uses as well. There has been no new construction in the immediate area of
downtown west of the Fox River. Staff anticipates the area will continue to see a mix of
land uses, and more specifically auto-oriented uses due to the traffic volumes of S. State
Street.
- 5 -
Recommendation & Findings of Fact
Petition 07-23
April 3,2023
FINDINGS
After due notice as required by law, the Planning and Zoning Commission conducted a public
hearing in consideration of Petition 07-23 on April 3,2023.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 April 3,2023.
The Community Development Department and the Planning and Zoning Commission have made
the following findings regarding this application against the standards for conditional uses outlined
within§ 19.65.030:
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 subject property is fully developed with a 10,000-square foot
multi-tenant commercial strip mall building and accessory parking lot with limited green
space. The proposed tobacco store would occupy the only remaining vacant 3,600-square
foot commercial space within the building. The applicant is not proposing any exterior
changes to the building or the site. No existing site features including topography,
watercourses, vegetation, and property improvements exist that would have a negative
impact on the proposed conditional use.
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 property and the subject commercial space are currently served by municipal water,
sanitary sewer,and storm water systems.The applicant is not proposing any changes to the
existing sewer and water utilities. The existing sewer and water facilities can adequately
serve the proposed use.
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.
-6-
Recommendation & Findings of Fact
Petition 07-23
April 3,2023
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 subject property is fully developed with a 10,000-square
foot multi-tenant commercial strip mall building and accessory parking lot with limited
green space. The on-site parking lot includes 37 parking spaces with one full access
driveway on the north to W. Chicago Street, and one full access driveway on the east to S.
State Street. The existing parking lot adequately serves all tenants in the building with
efficient on-site and off-site traffic circulation.The proposed tobacco store would not have
any negative effect on the existing traffic conditions in the immediate area.
The zoning ordinance does not require off-street parking be provided by any land use
within the CC 1 district. The property, however, has an accessory parking lot with 37
parking spaces.The existing parking lot will continue to adequately serve all existing uses
and the proposed tobacco store.
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 not proposing any exterior changes to the building or the site. All business
activities will be conducted on the interior of the building without any impact on the
surrounding properties. The hours of operation from 10 am to 11 pm daily are similar to
the hours of operation of other retail service uses in the building and other downtown
businesses.
No evidence has been submitted or found that the proposed use will be located or operated
in a manner that will exercise 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.
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.
- 7 -
Recommendation & Findings of Fact
Petition 07-23
April 3, 2023
RECOMMENDATION
The Community Development Department and the Planning and Zoning Commission recommend
approval of Petition 07-23, subject to the following conditions:
1. Substantial conformance to the Development Application submitted by Galaxy Elgin,
LLC, as applicant, and Parkway Bank and Trust Co. Trust No. 10907/Rick Heidner, as
property owner,received February 6, 2023 and supporting documents including:
a. Undated Statement of Purpose Galaxy Elgin, LLC 20 S. State St,Elgin, IL 60123,
received March 13,2023;
b. ALTA/NSPS Land Title Survey,prepared by Vanderstappen Land Surveying Inc.,
dated March 7, 2023;
c. Undated site plan,prepared by MySitePlan.com, dated received January 31, 2023,
with such further revisions as required by the Community Development Director;
and
d. Floor plan, prepared by John W. Roberson, architect, dated March 11, 2023, 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. All exterior street graphics must comply with the zoning ordinance requirements. Wall
signs shall not be box signs. Wall signs must be channel letters.
3. 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 five(5)yes, zero(0)
no, and zero(o)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
- 8 -
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Subject Property
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Petition 07 23
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N�EXHIBITA Aerial/Location Map
\
Map prepared by City of Elgin o so so 120 Sao zaoeet
Department of Community Development
PCC
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CC2
Subject Property cc1
Petition 07-23
CF
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Legend RB
QRC1 Residence Conservation 1
ORC2 Residence Conservation 2
ORC3 Residence Conservation 3
OPRC Planned Residence Conservation
OSFR1 Single Family Residence 1 }}
OPSFR1 Planned Single Family Residence 1 yyyN�5`
OSFR2 Single Family Residence 2
OPSFR2 Planned Single Family Residence
OTRF Two Family Residence
QPTRF Planned Two Family Residence
OMFR Multiple Family Residence
Q PMFR Planned Multiple Family Residence RC3 `•
ORB Residence Business Z
QPRB Planned Residential Business
QNB Neighborhood Business
OPNB Planned Neighborhood Business �L
-AB Area Business A
-PAB Planned Area Business
-CC Center City 1
-CC2 Center City 2
-PCC Planned Center City
-ORI Office Research Industrial
-PORI Planned Office Research Industrial
-GI General Industrial yy St
-PGI Planned General Industrial C�5`
-Cl Commercial Industrial
-CIF Community Facility CF
-PCF Planned Community Facility PMFR
_ FoxRiver PMFR
EXHIBIT Zoning Map IN
W+E
S
Map prepared by City of Elgin 0 35 70 140 210 280
Department of Community Development Feet
Subject Property
0
5*1 20 S. State St.
GOO Petition 07-23
0614428007 v,
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Np
0614428006
0614428005
EXHBIIT C Parcel Map N
A
City of Elgin o io 20 ao so ao
Department of Community Development IFeet
EXHIBIT D
SITE LOCATION
20 S. State Street
Petition 07-23
Sub ect ropers I store �+ y
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Subject Tenant •
S ace r t.
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Bird's eye view looking north
Sub ect ro a
Subject tenant se `
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Bird's eye view looking west
EXHIBIT D
SITE LOCATION
20 S. State Street
Petition 07-23
The location uI u-1e u1 uposed
tobacco store
Front elevation of the existing tenant space at 20 S. State Street
L/LgT - _ /►
a., \.�i>r Mrl� iT^."e�rTP ' -'•r_!"St':��"���w1�y �`X �✓_ a��. �.
Front (east) elevation of the existing shopping center