HomeMy WebLinkAboutG56-24 Ordinance No. G56-24
AN ORDINANCE
CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PORI PLANNED OFFICE
RESEARCH INDUSTRIAL DISTRICT
(2580 Mason Road)
WHEREAS, the territory legally described herein has been annexed to the City of Elgin;
and
WHEREAS, written application has been made to classify said territory in the PORI
Planned Office Research Industrial District for the construction of new approximately 55,000-
square foot light-industrial building with accessory parking lots; and
WHEREAS,the zoning lot containing the premises commonly known as 2580 Mason Road
is legally described herein(the"Subject Property"); and
WHEREAS,the Planning and Zoning Commission conducted a public hearing concerning
said application on May 6, 2024, 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 classifying certain
territory in the PORI Planned Office Research Industrial 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 May 6, 2024 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 Chapter 19.07 Zoning Districts, Section 19.08.020 entitled "Official
Zoning District Map"of the Elgin Municipal Code,as amended,be and the same is hereby further
amended by adding thereto the following paragraph:
The boundaries hereinafter laid out in the"Zoning District Map", as amended, be and are
hereby altered by including in the PORI Planned Office Research Industrial District the
following described property:
PARCEL 1:
THAT PART OF THE SOUTHEAST 1/4 OF SECTION 30, TOWNSHIP 42 NORTH,
RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST
1/4; THENCE EAST ALONG THE SOUTH LINE OF SAID SOUTHEAST 1/4, 532
FEET TO A POINT 200 FEET WEST OF, AS MEASURED ALONG SAID SOUTH
LINE OF THE SOUTHEAST 1/4, THE SOUTHWEST CORNER OF WEDGEWOOD
ACRES, UNIT NO. 1; THENCE NORTH PARALLEL WITH THE WEST LINE OF
SAID WEDGEWOOD ACRES, UNIT NO. 1, 233 FEET TO THE NORTH LINE OF
SAID WEDGEWOOD ACRES, UNIT NO. 1, EXTENDED WEST; THENCE EAST
ALONG SAID EXTENDED NORTH LINE 200 FEET TO THE NORTHWEST
CORNER OF SAID WEDGEWOOD ACRES, UNIT NO. 1; THENCE EAST ALONG
THE NORTH LINE OF SAID WEDGEWOOD ACRES UNIT NO. 1,400 FEET TO THE
NORTHEAST CORNER OF LOT 3 OF SAID WEDGEWOOD ACRES, UNIT NO. 1;
THENCE NORTH ALONG AN EXTENSION OF THE EAST LINE OF SAID LOT 3 A
DISTANCE OF 132.05 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF THE
STATE OF ILLINOIS NORTHWEST TOLL HIGHWAY; THENCE
NORTHWESTERLY ALONG SAID SOUTHERLY RIGHT OF WAY LINE TO THE
WEST LINE OF SAID SOUTHEAST 1/4; THENCE SOUTH ALONG SAID WEST
LINE TO THE POINT OF BEGINNING, EXCEPTING THEREFROM THE
WESTERLY 250 FEET THEREOF, ALSO EXCEPTING THEREFROM THAT PART
LYING SOUTH OF A LINE 40.00 FEET NORTH OF AND PARALLEL WITH THE
SOUTH LINE OF SAID SOUTHEAST QUARTER,IN THE TOWNSHIP OF DUNDEE,
KANE COUNTY, ILLINOIS.
PARCEL 2:
LOT 3 (EXCEPT THE SOUTH 7.00 FEET THEREOF) OF WEDGEWOOD ACRES,
UNIT NO. 1, IN THE TOWNSHIP OF DUNDEE, KANE COUNTY, ILLINOIS.
PARCEL 3:
LOT 4 (EXCEPT THE SOUTH 7.00 FEET THEREOF) OF WEDGEWOOD ACRES,
UNIT NO. 1, IN THE TOWNSHIP OF DUNDEE, KANE COUNTY, ILLINOIS.
PARCEL 4:
LOT 5 (EXCEPT THE SOUTH 7.00 FEET THEREOF) OF WEDGEWOOD ACRES,
UNIT NO. 1, IN THE TOWNSHIP OF DUNDEE, KANE COUNTY, ILLINOIS.
PARCEL 5:
LOT 6 (EXCEPT THE SOUTH 7.00 FEET THEREOF) OF WEDGEWOOD ACRES,
UNIT NO. 1, IN THE TOWNSHIP OF DUNDEE, KANE COUNTY, ILLINOIS.
PARCEL 6:
THAT PART OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION
30, TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL
MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF THE WEST HALF OF SAID
SOUTHEAST QUARTER; THENCE EAST ALONG THE SOUTH LINE OF SAID
SOUTHEAST QUARTER, 732.0 FEET TO THE SOUTHWEST CORNER OF
WEDGEWOOD ACRES UNIT NO. 1, FOR THE POINT OF BEGINNING; THENCE
NORTH ALONG THE WEST LINE OF SAID WEDGEWOOD ACRES,233.0 FEET TO
THE NORTHWEST CORNER THEREOF;THENCE WEST AND PARALLEL TO THE
SOUTH LINE OF SAID SOUTHEAST QUARTER, 200.0 FEET; THENCE SOUTH
AND PARALLEL TO THE WEST LINE OF SAID WEDGEWOOD ACRES, 233.0
FEET TO THE SOUTH LINE OF SAID SOUTHEAST QUARTER; THENCE EAST
ALONG SAID SOUTH LINE, 200,0 FEET TO THE POINT OF BEGINNING,
EXCEPTING THEREFROM THE SOUTH 40.00 FEET THEREOF, IN THE
TOWNSHIP OF DUNDEE, KANE COUNTY, ILLINOIS.
(commonly known as 2580 Mason Road)
Permanent Real Estate Index Numbers:
03-30-451-010(Parcel 1),03-30-451-005(Parcel 2),03-30-451-004(Parcel 3),03-30-451-
003 (Parcel 4), 03-30-451-002 (Parcel 5),and 03-30-451-009 (Parcel 6).
Section 3. That the City Council of the City of Elgin hereby classifies the subject property
in the PORI Planned Office Research Industrial District, which shall be designed, developed, and
operated subject to the following provisions:
A. Purpose and Intent. The purpose of the PORI Planned Office Research Industrial
District is to provide a planned industrial environment that fosters a sense of place
and destination within a coordinated campus or park setting, subject to the
provisions of Chapter 19.60, Planned Development, of the Elgin Municipal Code,
as amended.A PORI zoning district is most similar to,but departs from the standard
requirements of the ORI zoning district.
B. Supplementary Regulations. Any word or phrase contained herein, followed by
the symbol"[SR]",shall be subject to the definitions and the additional interpretive
requirements provided in Chapter 19.90"Supplementary Regulations",of the Elgin
Municipal Code,as amended. The exclusion of such symbol shall not exempt such
word or phrase from the applicable supplementary regulation.
C. General Provisions. In this PORI Planned Office Research Industrial District,the
use and development of land and structures shall be subject to the provisions of
Chapter 19.05 "General Provisions", of the Elgin Municipal Code, as amended.
D. Zoning Districts; Generally. In this PORI Planned Office Research Industrial
District, the use and development of land and structures shall be subject to the
provisions of Chapter 19.07 "Zoning Districts", of the Elgin Municipal Code, as
amended.
E. Location and Size of District. PORI Planned Office Research Industrial Districts
should be located in substantial conformance to the official comprehensive plan.
The amount of land necessary to constitute a separate PORI Planned Office
Research Industrial District exclusive of rights of way,but including adjoining land
or land directly opposite a right of way shall not be less than two (2) acres. No
departure from the required minimum size of a planned industrial district shall be
granted by the City Council.
F. Land Use. In this PORI Planned Office Research Industrial District, the use and
development of land and structures shall be subject to the provisions of Chapter
19.10 "Land Use", of the Elgin Municipal Code, as amended. The following
enumerated "land uses" [SR] shall be the only land uses allowed as a "permitted
use" [SR] or as a "conditional use" [SR] in this PORI Planned Office Research
Industrial District.
1. Permitted Uses.Those land uses enumerated as permitted uses within the ORI
Office Research Industrial District, Section 19.40.130 A., Land Use, of the
Elgin Municipal Code, as it may be amended from time to time.
2. Conditional Uses. Those land uses enumerated as conditional uses within the
ORI Office Research Industrial District, Section 19.40.130 B.,Land Use,of the
Elgin Municipal Code, as it may be amended from time to time, and the
following additional land uses:
Services division:
"Motor vehicle repair shops" [SR] (753).
Transportation, communication and utilities division:
"Public warehousing and storage"(422)
"Trucking services" (421)
Miscellaneous uses division:
"Commercial operations yard" [SR] (UNCL).
3. Similar Uses. Those land uses enumerated as similar uses within the ORI
Office Research Industrial District, Section 19.40.130 C., Land Use, of the
Elgin Municipal Code, as it may be amended from time to time.
G. Site Design. In this PORI Planned Office Research Industrial District the use and
development of land and structures shall be subject to the provisions of Section
19.12, "Site Design",of the Elgin Municipal Code,as amended, Section 19.40.135
"Site Design" for ORI Office Research Industrial District, of the Elgin Municipal
Code,as amended,except as provided within this section,and shall be in substantial
conformance with the following documents:
1. Substantial conformance to the Development Application submitted by Orozco
Trucking, Inc., an Illinois corporation, as applicant, and Philip J. Wencek, as
Trustee under Trust Agreement Dated June 1, 2006 and known as the Philip J.
Wencek Declaration of Trust, (Parcel 1 owner), Philip J. Wencek, (Parcel 2
owner), Steven T. Null (Parcel 3 owner), Rosalyn Szyjko (Parcel 4 owner),
Mark Krupa and Lisa Krupa as Trustees of the Krupa Living Trust (Parcel 5
owner), Joann Mizer as Independent Executor of the Estate of Theres Agnes
Ciochon, deceased, pursuant to Court Order of October 17, 2022 issued in the
Circuit Court of the Sixteenth Judicial Circuit, Kane County, Illinois (Parcel 6
owner), as property owners, received July 13, 2023, and supporting documents
including:
a. Undated Statement of Purpose and Conformance, received, April 28, 2024;
b. Undated document titled Map Amendment For Planned Development
Criteria, received January 19, 2024;
c. Undated document titled Conditional Use Standards, received January 19,
2024;
d. ALTA/NSPS Land Title Survey,prepared by BRCJ Land Surveying,Civil
Engineering, GIS, dated August 17, 2023;
e. Map of Annexation to the City of Elgin,Kane County, Illinois,prepared by
Manhard Consulting, dated June 27, 2023, last revised November 3, 2023,
with such further revisions as required by the City Engineer;
f. Final Plat of Mason Road Industrial Subdivision, prepared by Manhard
Consulting, dated November 3, 2023, last revised March 14, 2024, with
such further revisions as required by the City Engineer;
g. Plat of Vacation, prepared by Manhard Consulting, dated November 3,
2023, last revised March 14, 2024, with such further revisions as required
by the City Engineer;
h. Site Plan, Sheet SP-1, prepared by Jacob & Hefner Associates, dated last
revised April 19, 2024, with such further revisions as required by the
Community Development Director;
i. Final Landscape Plan Orozco Trucking Elgin, Illinois, prepared by Gerry
R. Weber Associates, Inc., dated August 13, 2024, with such further
revisions as required by the Community Development Director;
j. Section A Orozco Development Elgin,Illinois,prepared by Gerry R. Weber
Associates, Inc., dated November 30, 2023, with such further revisions as
required by the Community Development Director
k. Section B Orozco Development Elgin,Illinois,prepared by Gerry R.Weber
Associates, Inc., dated November 30, 2023, with such further revisions as
required by the Community Development Director
1. Tree Removal Plan,prepared by Jacob&Hefner Associates,dated January
19, 2024, with such further revisions as required by the Community
Development Director;
m. Architectural plans titled New Office/Truck Maintenance Facility Orozco
Trucking Inc 2580 Mason Road Elgin, Illinois, prepared by Harris
Architects Inc.,dated April 30,2024,with such further revisions as required
by the Community Development Director;
n. Seven-page sign plans for Orozco Trucking, prepared by Doyle General
Sign Contractors, dated October 26, 2023, last revised April 2, 2024, with
such further revisions as required by the Community Development
Director;
o. Exterior Lighting Photometric Plan, prepared by Arrow Flow Co., dated
January 18, 2024, last revised August 12,2024,with such further revisions
as required by the Community Development Director; and
p. Engineering plans titled Site Improvement Plans for 2580 Mason Road
Elgin, IL Principle Construction Corp., prepared by Jacob & Hefner
Associates, dated last revised August 13, 2024, with such further revisions
as required by the City Engineer.
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 installation of a vehicle use area with
the minimum street yard setback of eight feet from the north property line.
3. A departure is hereby granted to allow the commercial operations yard for semi-
truck and trailer parking and storage in the street yard south of the building.
4. A departure is hereby granted to allow the installation of a six-foot-high and
eight-foot-high privacy fence in the street yard south of the building to enclose
the commercial operations yard for parking and storage of semi-trucks and
trailers.
5. A departure is hereby granted to allow the installation of a parking lot for semi-
trucks and trailers without landscape islands at the end of parking rows.
6. A departure is hereby granted to allow the construction of the stormwater
detention facilities with a minimum of one(1) foot of freeboard.
7. A departure is hereby granted to allow the construction of the stormwater
detention facilities with the maximum side slope of 3:1.
8. A departure is hereby granted to allow the construction of a refuse collection
area in the street yard south of the building. Such refuse collection area shall
be enclosed with a six-foot-high, solid,masonry wall matching the exterior of
the building.
9. Only vehicles,trucks,trailers,chassis and equipment owned or operated by one
or more of the entities collectively known as"Orozco Entities",as described in
the undated Statement of Purpose and Conformance, received, April 28, 2024,
shall be stored,maintained,repaired and/or parked on the Subject Property.The
phrase "Orozco Entities" shall also include: employees of any of the entities
part of"Orozco Entities",and independent owner-operators under contract with
one or more of"Orozco Entities".
10. All trucks parked or stored on the Subject Property shall bear a logo similar to
that shown on Exhibit B attached to the undated Statement of Purpose and
Conformance, received, April 28, 2024, that states "Orozco Trucking" or
"Orozco Trucking Dedicated"or similar, and shall be uniform in appearance.
11. Compliance with all applicable codes and ordinances.
H. Off Street Parking. In this PORI Planned Office Research Industrial District,off-
street parking shall be subject to the provisions of Chapter 19.45 "Off Street
Parking", of the Elgin Municipal Code, as amended.
Off Street Loading. In this PORI Planned Office Research Industrial District,off-
street loading shall be subject to the provisions of Chapter 19.47 "Off Street
Loading",of the Elgin Municipal Code, as amended.
J. Signs. In this PORI Planned Office Research Industrial District, signs shall be
subject to the provisions of 19.50 "Street Graphics", of the Elgin Municipal Code,
as amended.
K. Nonconforming Uses and Structures. In this PORI Planned Office Research
Industrial District, nonconforming uses and structures shall be subject to the
provisions of Chapter 19.52 "Nonconforming Uses and Structures" of the Elgin
Municipal Code,as amended.
L. Amendments. In this PORI Planned Office Research Industrial District, text and
map amendments shall be subject to the provisions of Chapter 19.55
"Amendments"of the Elgin Municipal Code, as amended
M. Planned Developments. In this PORI Planned Office Research Industrial District,
the use and development of the land and structures shall be subject to the provisions
of Chapter 19.60 "Planned Developments" of the Elgin Municipal Code, as
amended. A conditional use for a planned development may be requested by the
property owner without requiring an amendment to this PORI zoning district.
N. Conditional Uses. In this PORI Planned Office Research Industrial District,
conditional uses shall be subject to the provisions of Chapter 19.65 "Conditional
Uses", of the Elgin Municipal Code, as amended. A conditional use may be
requested by the property owner without requiring an amendment to this PORI
zoning district.
O. Variations. In this PORI Planned Office Research Industrial District, variations
shall be subject to the provisions of Chapter 19.10.500 "Authorized Land Use
Variations", Chapter 19.12.800 "Authorized Site Design Variations", and Chapter
19.70"Variations",of the Elgin Municipal Code, as amended. A variation may be
requested by the property owner without requiring an amendment to this PORI
zoning district.
P. Appeals. Any requirement, determination, or interpretation associated with the
administration and enforcement of the provisions of this ordinance may be appealed
subject to the provisions of Chapter 19.75"Appeals",of the Elgin Municipal Code,
as amended.
Section 4. That this ordinance shall be in full force and effect immediately after its passage
in the manner provided by law.
David J. Kapt , Ma r
Presented: November 20, 2024
Passed: November 20, 2024
Omnibus Vote: Yeas: 8 Nays: 0
Recorded: November 20, 2024
Published: November 20, 2024
Atte t: i='41/0
Kimberly Dev s, i Clerk
'dry;A‘'.4 [.
EXHIBIT A
May 6,2024
RECOMMENDATION & FINDINGS OF FACT
OF THE COMMUNITY DEVELOPMENT DEPARTMENT AND
THE PLANNING & ZONING COMMISSION
CITY OF ELGIN, IL
OVERVIEW
Provided herein are the written findings and recommendation of the Community Development
Department and the Planning&Zoning Commission regarding Petitions 22-23,23-23,28-23, and
40-23, an application by Orozco Trucking, Inc., an Illinois corporation, as applicant, and Philip J.
Wencek,as Trustee under Trust Agreement Dated June 1,2006 and known as the Philip J.Wencek
Declaration of Trust,(Parcel 1 owner),Philip J.Wencek,(Parcel 2 owner),Steven T. Null(Parcel
3 owner),Rosalyn Szyjko(Parcel 4 owner), Mark Krupa and Lisa Krupa as Trustees of the Krupa
Living Trust(Parcel 5 owner),Joann Mizer as Independent Executor of the Estate of Theres Agnes
Ciochon,deceased,pursuant to Court Order of October 17,2022 issued in the Circuit Court of the
Sixteenth Judicial Circuit, Kane County, Illinois (Parcel 6 owner), as property owners, are
requesting approval of the annexation, preliminary and final plat of subdivision, planned
development as a map amendment with departures from the Elgin Municipal Code requirements
for the vehicle use are street yard setback,the vehicle use area interior landscape yard,the location
of a commercial operations yard within a street yard, the landscape islands at the end of parking
rows,the height of a fence within the street yard,the stormwater detention facility design,and any
other departures as may be necessary or desirable, and conditional use for a trucking service, a
motor vehicle repairs shop, commercial operations yard, and public warehousing and storage, to
construct a new approximately 55,000-sqaure foot light-industrial building with 107 parking
spaces for passenger vehicles and 138 parking spaces for semi-trucks and trailers for a trucking
service company with a truck repair shop for company vehicles, all at the property commonly
referred to as 37W340 Mason Road (Parcel 1 and Parcel 2), 37W350 Mason Road (Parcel 3),
37W360 Mason Road (Parcel 4), 37W370 Mason Road (Parcel 5), and 37W380 Mason Road
(Parcel 6) (to be known as 2580 Mason Road if annexed to the City of Elgin).
GENERAL INFORMATION
Petition Number: 22-23, 23-23,28-23 and 40-23
Property Location: 37W340 Mason Road, Elgin, IL 60124(Parcel 1 and Parcel 2),
37W350 Mason Road, Elgin, IL 60124, (Parcel 3)
37W360 Mason Road, Elgin IL 60124, (Parcel 4)
37W370 Mason Road,Elgin IL 60124, (Parcel 5)
37W380 Mason Road, Elgin IL(Parcel 6)
Recommendation & Findings of Fact
Petitions 22-23,23-23,28-23,and 40-23
May 6,2023
(all to be known as 2580 Mason Road, if annexed to the City of
Elgin)
Requested Action: Annexation, Preliminary and Final Plat of Subdivision, Planned
Development as a Map Amendment,and Conditional Use
Current Zoning: F- Farming(unincorporated Kane County)
Proposed Zoning: PORI Planned Office Research Industrial
Existing Use: Vacant, undeveloped, and single-family residential
Proposed Use: Trucking Services(conditional use)
Arrangement of Transportation of Freight and Cargo(permitted use)
Freight Forwarding in General(permitted use)
Motor Vehicle Repair Shop(conditional use)
Public Warehousing and Storage(conditional use)
Commercial Operations Yard(conditional use)
Applicant: Orozco Trucking, Inc., an Illinois corporation
Owner: Philip J. Wencek, as trustee under Trust Agreement dated June 1,
2006 and known as the Philip J. Wencek Declaration of Trust
(Parcel 1)
Philip J. Wencek(Parcel 2)
Steve T.Null (Parcel 3)
Rosalyn Szviko(Parcel 4)
Krupa Living Trust(Parcel 5)
Joann Mizer as Independent Executor of the Estate of Theres Agnes
Ciochon,deceased,pursuant to Court Order of October 17, 2022
issued in the Circuit Court of the Sixteenth Judicial Circuit, Kane
County, Illinois(Parcel 6)
Staff Coordinators: Damir Latinovic,AICP, Senior Planner
Exhibits Attached: A. Aerial/Location Map
B. Zoning Map
C. Parcel Map
D. Site Location
-2-
Recommendation&Findings of Fact
Petitions 22-23,23-23,28-23,and 40-23
May 6, 2023
E. Findings of Fact for Variations from Stormwater Ordinance
F. Development Application,Annexation Agreement, Draft
Ordinances,Resolution, and Attachments
BACKGROUND
Orozco Trucking,Inc.,an Illinois corporation,as applicant,and Philip J.Wencek,as Trustee under
Trust Agreement Dated June 1, 2006 and known as the Philip J. Wencek Declaration of Trust,
(Parcel 1 owner), Philip J. Wencek, (Parcel 2 owner), Steven T. Null (Parcel 3 owner), Rosalyn
Szyjko (Parcel 4 owner), Mark Krupa and Lisa Krupa as Trustees of the Krupa Living Trust
(Parcel 5 owner), Joann Mizer as Independent Executor of the Estate of Theres Agnes Ciochon,
deceased,pursuant to Court Order of October 17,2022 issued in the Circuit Court of the Sixteenth
Judicial Circuit, Kane County, Illinois (Parcel 6 owner), as property owners, are requesting
approval of the annexation, preliminary and fmal plat of subdivision, planned development as a
map amendment with departures from the Elgin Municipal Code requirements for the vehicle use
are street yard setback, the vehicle use area interior landscape yard, the location of a commercial
operations yard within a street yard,the landscape islands at the end of parking rows,the height of
a fence within the street yard, the stormwater detention facility design, and any other departures
as may be necessary or desirable,and conditional use for a trucking service,a motor vehicle repairs
shop, commercial operations yard, and public warehousing and storage, to construct a new
approximately 55,000-sqaure foot light-industrial building with 107 parking spaces for passenger
vehicles and 138 parking spaces for semi-trucks and trailers for a trucking service company with
a truck repair shop for company vehicles, all at the property commonly referred to as 37W340
tip
"saft��. Sub'ect • .� ,.
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1
4,4
1140.
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44.
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Figure 2.Site area map with zoning overlay
- 3 -
Recommendation& Findings of Fact
Petitions 22-23,23-23, 28-23, and 40-23
May 6,2023
Mason Road (Parcel 1 and Parcel 2), 37W350 Mason Road (Parcel 3), 37W360 Mason Road
(Parcel 4), 37W370 Mason Road(Parcel 5),and 37W380 Mason Road(Parcel 6)(to be known as
2580 Mason Road if annexed to the City of Elgin).
The 12.24-acre subject property is located on the north side of Mason Road generally west of
Randall Road and south of I-90 Tollway. The property is adjacent to 1-90 Tollway on the north
side.The property consists of a 9.75-acre vacant,undeveloped land, and four single-family homes
(which together make up approximately 2.45 acres of land). The entire property is unincorporated
and zoned F-Farming in Kane County. The property is encumbered by a 49.5-foot natural gas
pipeline easement that generally runs east-west across the central portion of the property. No
buildings or structures,other than pavement are permitted within the gas pipeline easement.
The subject property is generally surrounded by light-industrial developments on all sides part of
the City of Elgin.The property to the south across Mason Road is vacant and zoned PORI Planned
Office Research Industrial District. The property adjacent to the east is vacant and undeveloped,
and part of Wedgwood Capital Resubdivision zoned PORI Planned Office Research Industrial
District. The property adjacent to the west is located in unincorporated Kane County and is
improved with a ComEd electrical substation. The properties to the north across I-90 Tollway are
vacant, zoned PORI Planned Office Research Industrial District, and part of Randall Rose Auto
Mall subdivision.
Proposal
The applicant is proposing to annex the 12.2-acre subject property to construct a new headquarters
for Orozco Trucking, a trucking service transportation company. Orozco Trucking is proposing to
move from its existing location in Elk Grove Village to the proposed facility in Elgin.
-4-
Recommendation & Findings of Fact
Petitions 22-23,23-23,28-23, and 40-23
May 6,2023
The applicant is requesting the
approval of the preliminary and h• �
final plat of subdivision to �_ y� ... �,
consolidate the property into ; ice`�,
one lot. The proposed I ;y''` '••;: _ .
development consists of a r �.f �•. io' \
55,468-square foot light- .,, h., ��
industrial building oriented at
the back of the property along I ��• ,\
the Tollway. A parking lot with • . • i p ip '_-.7:---.- \-
107 parking spaces for ' I►" m, t/" . _ / / ii
senicleuld be \\ � _
located north of the building, {-1 r.sr
{-WW1 . ;,�
while a parking lot with 138 I �_
parking spaces for parking and -11
storage of semi-trucks and ,l•trailers would be located south 1 .-........._ 1
"--- 1.
of the building. The site is I .. ....,III 1
designed so that no building or _ I
structures, except for parking : , � I I i
eP
lot pavement, are located over antsr - --J
styvir
the 49.5-gas pipeline easement .:MASON--ROAD that bisects the property. One Figure 2.Proposed site plan
stormwater detention facility is
located east of the building and north of the gas pipeline easement, while two other detention
facilities are located east of the truck parking lot south of the gas pipeline easement. As part the
subdivision, the applicant would dedicate additional land(ranging from 7 to 40 feet in width) for
Mason Road right-of-way, and would also vacate an existing utility easement that is currently
located in the rear of single-family homes.
The new building would have approximately 24,000 square feet of two-story office space, 15,000
square feet of warehouse,and 17,000 square feet of truck maintenance shop with four bays for the
service and repair of company trucks only. The main entrance to the building would be on the
northwest side of the building facing the Tollway. The exterior of the building would feature
concrete pre-cast panels with extensive glazing at the northwest corner of the building where the
two-story office portion of the building is located. The facility would have 50-70 employees
including office administrators and dispatchers communicating with brokers and shippers to
coordinate loads for the trucks and service technicians working in the truck service repair shop.
Orozco Trucking carries a variety of freight, ranging from metal sheets, coils and rolls to paper
products and canned foods. The company owns 400 trucks and 600 trailers, which are mostly in
use on the road and off-site. The hours of operation would be Monday to Friday from 7 a.m. to 6
-5 -
Recommendation & Findings of Fact
Petitions 22-23,23-23,28-23,and 40-23
May 6, 2023
p.m. and Saturdays from 7 a.m. to 1 p.m.The facility would be closed on Sundays.
While some parts of the applicant's proposed operations are classified as a permitted use in the
standard ORI Office Research Industrial District,other parts of the operations are classified either
as a conditional use, or are not listed as a permitted nor conditional use in the ORI District.
Therefore, the applicant is proposing the PORI Planned Office Research Industrial District
classification for the property upon annexation, which would allow (1) Arrangement of
Transportation of Freight and Cargo, and (2) Freight Forwarding in General as a permitted use,
while(3)Trucking Services,(4)Motor Vehicle Repair Shop,(5)Public Warehousing and Storage,
and (6) Commercial Operations Yard would be classified as a conditional use. For those
conditional uses,the applicant is simultaneously requesting the approval of the conditional use.
ror
�-- /� Figure 3.Cross section of
`� �� t ' -.. landscape berm with 6-ft-high
�• • fence along Mason Road
1 I 8HEEY L1.`2 .• '
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SHEET L1.3 _4*_
1 7-1 I N N ICI
1 HiGH BERM
Figure 4.Proposed landscape plan
Commercial operations yard screening
The parking lot for parking and storage of trucks, which is classified as a commercial operations
yard, would be enclosed with a combination of a six-foot-high and eight-foot-high, solid, privacy
fence. The eight-foot fence is proposed along the west side of the truck parking lot, while along
the south and east sides of the truck parking lot a six-foot-high fence is proposed on top of a five-
foot high landscaping berm. In addition,extensive landscaping, which primarily consists of eight-
foot-high evergreen trees, is proposed on the perimeter of the fence.
-6-
Recommendation & Findings of Fact
Petitions 22-23, 23-23,28-23,and 40-23
May 6,2023
The applicant is proposing to remove approximately 307 existing trees on site, but most of those
trees are in poor condition. Still,the applicant is required to install 158 trees as replacement trees
for the trees being removed.The proposal includes a total of 375 shade,evergreen,and ornamental
trees,which exceeds the tree replacement and other vehicle use area landscaping requirements.
Other site improvements include the construction of approximately 875 feet of public sidewalk
along the north side of Mason Road, the property's entire frontage along Mason Road, which
includes a connection to the building.
Parking and Traffic
The proposed development is required to provide one parking space per 1,000 square feet of floor
area or one parking space per 1.5 employees, whichever is greater. With a maximum of 70
employees and a building floor area of 55,468 square feet, the proposed development is required
to have 55 regular parking spaces. With 107 parking spaces proposed, the proposed development
exceeds the parking requirement.
The applicant has submitted a traffic impact study prepared by a third-party traffic consulting firm
based on a similar trucking facility in Alsip, IL. Overall, the study concludes that the proposed
facility will increase the surrounding area traffic by less than one per cent during the peak hours
and will minimally affect the operations of Alft Lane and Randall Road intersection, the busiest
intersection in the area.
The access to the property would be via one full access driveway on Mason Road. The study
estimates that approximately 75 per cent of passenger vehicles and approximately 100 per cent of
truck traffic would be going to and from Randall Road. Based on the traffic data collected, the
area's peak hours of traffic occur from 7 am to 8 am in the morning and from 4 pm to 5 pm in the
afternoon. However,since the facility would be open from 7 am to 5 pm Monday to Friday,most
of the traffic coming to the facility in the morning and leaving in the afternoon would occur outside
of those peak hours. Because of that, the study estimates that between the passenger vehicles and
trucks, the facility would generate only approximately 19 trips during the morning peak hour and
approximately 20 trips during the evening peak hour.
The majority of the site generated traffic would be rather evenly distributed during the day. The
traffic study estimates that the facility (which includes 107 parking spaces for passenger vehicles
and 138 parking spaces for trucks, 245 total) would generate approximately 266 trips(passenger
vehicles and trucks combined)per day on average.
The traffic study also includes the roadway capacity analysis based on current conditions,
projected future conditions (year 2029) without the proposed facility, and projected future
conditions (2029) if the proposed facility is constructed. The current and projected conditions
indicate that the biggest traffic delays during the peak hours occur at the intersection of Alft Lane
and Randall Road,specifically the eastbound left-turning movements on Alft Lane and northbound
left-turning movements on Randall Road when the average delay during the peak hours for those
-7-
Recommendation & Findings of Fact
Petitions 22-23,23-23,28-23,and 40-23
May 6,2023
turning movements is 84-90 seconds.However,because the proposed facility would have a limited
impact on traffic during the peak hours, those average delays would increase by approximately
only three seconds.
Most importantly,the City of Elgin recently added a second eastbound left-turn lane on Alft Lane
and Kane County Department of Transportation (KDOT) is working on Randall Road
improvements from IL Route 72 (Higgins Road) to Big Timber Road. With those roadway
improvements the eastbound and westbound approaches on Alft Lane will operate as protected
phases, and northbound and southbound approaches on Randall Road are expected to gain
additional designated time. With those improvements, the eastbound and westbound approaches
on Alft Lane are expected to generally stay the same, while the northbound and southbound
movements are expected to improve with reduced delays.
Departures from Site Design Requirements
The proposed development requires several departures from the zoning and stormwater
ordinances. 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.
Table 1: Proposed Departures for 2580 Mason Road
Site Design Regulation Required Proposed
Vehicle Use Area Street 39 ft. 8 ft. from the north property
Yard Setback line
Location of Commercial Street Yard south of the
Operations Yard Side yard or Rear Yard building
Fence in Street Yard Max. 4 ft. high and open design 6 ft. and 8 ft. high,solid,
privacy fence
Parking Lot Design Landscape islands at end of No landscape islands at end
parking rows of parking rows
Location of Refuse In street yard south of the
Collection Area Rear yard building(attached to the
building)
Stormwater Detention Min. 2 ft.of"freeboard" Min. 1 ft. of"freeboard"
Design
The Community Development Department offers the following additional information:
A. Property History.The 12.24-acre subject property is currently unincorporated. It consists
of a 9.75 acre vacant,undeveloped land,and four single-family home lots(comprising 2.45
acres total). The entire property is zoned F Farming District in Kane County.
- 8 -
Recommendation & Findings of Fact
Petitions 22-23,23-23,28-23, and 40-23
May 6,2023
B. Surrounding Land Use and Zoning. The subject property is generally surrounded by
light-industrial developments on all sides part of the City of Elgin. The property to the
south across Mason Road is vacant and zoned PORI Planned Office Research Industrial
District. The property adjacent to the east is vacant and undeveloped, and part of
Wedgwood Capital Resubdivision zoned PORI Planned Office Research Industrial
District. The property adjacent to the west is located in unincorporated Kane County and
is improved with a ComEd electrical substation. The properties to the north across I-90
Tollway are vacant, zoned PORI Planned Office Research Industrial District, and part of
Randall Rose Auto Mall subdivision.
C. Comprehensive Plan. The subject property is designated as office by the City's 2018
Comprehensive Plan. Office uses include professional services as well as medical-related
office uses. General offices, financial firms, technology companies, corporate
headquarters, clinics, and doctor and dentist offices are all included in the office land use.
This land use comprises two general types of development: 1) Large office campuses
anchored by major users, and 2) Small clusters of related users such as medical offices or
financial services often located adjacent to commercial corridors. With the exception of a
couple major office tenants, such as JP Morgan Chase, the majority of office uses are
ancillary in nature,supporting the function of nearby institutions and commercial areas.
D. Zoning District. The Zoning Ordinance establishes that the purpose of the PORI Planned
Office Research Industrial District proposed is to provide a planned industrial environment
that fosters a sense of place and destination within a coordinated campus or park setting,
subject to the provisions of Chapter 19.60"Planned Developments"of the Elgin Municipal
Code,as amended.A PORI zoning district is most similar to,but departs from the standard
requirements of,the ORI zoning district.
E. Trend of Development. The subject property is located in the light-industrial area
generally located west of Randall Road and south of I-90 Tollway. The property enjoys
easy access to I-90 via Mason Road,which turns into Capital Street, and Alft Lane which
has a signalized intersection with Randall Road. The Randall Road and I-90 Tollway
interchange is located less than one-half mile to the east. Because of the easy access to I-
90, most properties west of Randall Road, both north and south of I-90 have been
developed with light-industrial office, warehousing, and manufacturing buildings. As
forecast by the 2018 Comprehensive Plan,it is anticipated that remaining vacant farmland
in the surrounding area would be developed with similar light-industrial uses.
FINDINGS
After due notice as required by law, the Planning & Zoning Commission conducted a public
hearing in consideration of Petitions 22-23, 23-23, 28-23, and 40-23 on May 6, 2024. Testimony
was presented at the public hearing in support of the application. The Community Development
-9-
Recommendation & Findings of Fact
Petitions 22-23, 23-23, 28-23, and 40-23
May 6, 2023
Department submitted a Development Application Review and Written Findings &
Recommendation to the Planning&Zoning Commission dated May 6,2024.
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,planned developments outlined in § 19.60.040, conditional use outlined
in § 19.65.030, and standards for variations from the requirements of the stormwater ordinance
outlined within§ 904 of the Kane County Stormwater 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 12.24-acre property is mostly vacant and used
for agricultural purposes. The site does include four single-family homes, which together
comprise approximately 2.45 acres of land, which would be demolished. The property is
mostly flat with little topographical change. There is, however,a small natural depression
along the north property line that is a delineated wetland. That wetland, however, is
considered Farmed Wetland, a non jurisdictional wetland which is not under the
jurisdiction of the U.S. Army Corps of Engineers. The wetland will have no impact on the
proposed development. There are no existing property improvements that would have a
negative impact on the proposed development of the property.
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 Mason Road. The applicant would connect to the existing 8-inch water main with a
looped service around the building.
The applicant is proposing to construct three stormwater detention facilities, which would
discharge and connect to the existing stormsewer within Mason Road. Similarly, the
development would connect to the existing sanitary sewer within Mason Road. All existing
sewer and water facilities can adequately serve the proposed development.
C. Traffic and Parking Standard. The suitability of the subject property for the planned
- 10-
Recommendation&Findings of Fact
Petitions 22-23, 23-23,28-23, and 40-23
May 6, 2023
development with respect to the provision of safe and efficient on-site and off-site vehicular
circulation designed to minimize traffic congestion.
1. Nonresidential land uses should be located central and accessible to the area or
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 proposed development would have one full
access driveway to Mason Road that will be shared by both passenger vehicles and semi-
trucks.The driveway is designed to accommodate wide-turning vehicles and will not have
any negative impact on Mason Road traffic.
The applicant has submitted a traffic impact study prepared by a third-party traffic
consulting firm based on a similar trucking facility in Alsip, IL. Overall, the study
concludes that the proposed facility will increase the surrounding area traffic by less than
one per cent during the peak hours and will minimally affect the operations of Alft Lane
and Randall Road intersection,the busiest intersection in the area.The area west of Randall
Road and south I-90 Tollway has been designated and has been developing with light-
industrial uses over the years, with the exception of several commercial and office uses
immediately adjacent to Randall Road.
With hours of operation from 7 am to 5 pm Monday to Friday, most of the traffic coming
to the facility in the morning and leaving in the afternoon would occur outside of those
peak hours. Because of that, the study estimates that between the passenger vehicles and
trucks, the facility would generate only approximately 19 trips during the morning peak
hour and approximately 20 trips during the evening peak hour.
The City of Elgin recently added a second eastbound left-turn lane on Alft Lane and Kane
County Department of Transportation(KDOT)is working on Randall Road improvements
from IL Route 72(Higgins Road)to Big Timber Road.With those roadway improvements
the eastbound and westbound approaches on Alft Lane will operate as protected phases,
and northbound and southbound approaches on Randall Road are expected to gain
additional designated time. With those improvements, the eastbound and westbound
- 11 -
Recommendation&Findings of Fact
Petitions 22-23,23-23,28-23, and 40-23
May 6,2023
approaches on Alft Lane are expected to generally stay the same,while the northbound and
southbound movements are expected to improve with reduced delays.
The proposed development is required to provide one parking space per 1,000 square feet
of floor area or one parking space per 1.5 employees, whichever is greater. With a
maximum of 70 employees and a building floor area of 55,468 square feet, the proposed
development is required to have 55 regular parking spaces. With 107 parking spaces
proposed,the proposed development exceeds the parking requirement.
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 12.24-acre subject property is currently unincorporated. It consists of a 9.75
acre vacant, undeveloped land, and four single-family home lots (comprising 2.45 acres
total).The entire property is zoned F Farming District in Kane County.
E. Surrounding Land Use and Zoning Standard. The suitability of the subject property for
the planned development with respect to consistency and compatibility with surrounding
land use and zoning.
Findings. The property is suitable for the intended planned development with respect to
consistency and compatibility with surrounding land uses and zoning.The subject property
is generally surrounded by light-industrial developments on all sides part of the City of
Elgin. The property to the south across Mason Road is vacant and zoned PORI Planned
Office Research Industrial District. The property adjacent to the east is vacant and
undeveloped, and part of Wedgwood Capital Resubdivision zoned PORI Planned Office
Research Industrial District.The property adjacent to the west is located in unincorporated
Kane County and is improved with a ComEd electrical substation. The properties to the
north across 1-90 Tollway are vacant, zoned PORI Planned Office Research Industrial
District, and part of Randall Rose Auto Mall subdivision.
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 in the light-industrial area
generally located west of Randall Road and south of 1-90 Tollway. The property enjoys
easy access to I-90 via Mason Road, which turns into Capital Street, and Alft Lane which
- 12-
Recommendation & Findings of Fact
Petitions 22-23,23-23,28-23,and 40-23
May 6,2023
has a signalized intersection with Randall Road. The Randall Road and I-90 Tollway
interchange is located less than one-half mile to the east. Because of the easy access to I-
90, most properties west of Randall Road, both north and south of I-90 have been
developed with light-industrial office, warehousing, and manufacturing buildings. As
forecast by the 2018 Comprehensive Plan, it is anticipated that remaining vacant farmland
in the surrounding area would be developed with similar light-industrial uses.
G. Planned Development District Standard: The suitability of the subject property for the
intended planned development district with respect to conformance to the provisions for
the purpose and intent, and the location and size of a zoning district.
Findings. 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 Zoning Ordinance establishes that the purpose of the
PORI Planned Office Research Industrial District proposed is to provide a planned
industrial environment that fosters a sense of place and destination within a coordinated
campus or park setting,subject to the provisions of Chapter 19.60"Planned Developments"
of the Elgin Municipal Code, as amended. A PORI zoning district is most similar to, but
departs from the standard requirements of,the ORI 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 office by the City's 2018 Comprehensive Plan.
Office uses include professional services as well as medical-related office uses. General
offices, financial firms, technology companies,corporate headquarters,clinics, and doctor
and dentist offices are all included in the office land use. This land use comprises two
general types of development: 1) Large office campuses anchored by major users, and 2)
Small clusters of related users such as medical offices or financial services often located
adjacent to commercial corridors.With the exception of a couple major office tenants,such
as JP Morgan Chase, the majority of office uses are ancillary in nature, supporting the
function of nearby institutions and commercial areas.
The proposed development would bring a new company headquarters to the City that
comprises of approximately 24,000 square feet of two-story office space, 15,000 square
feet of warehouse, and 17,000 square feet of truck maintenance shop. The facility would
have 50-70 employees including office administrators and dispatchers communicating with
brokers and shippers to coordinate loads for the trucks and service technicians working in
the truck service repair shop.
- 13 -
Recommendation & Findings of Fact
Petitions 22-23,23-23,28-23,and 40-23
May 6,2023
The proposed development meets several goals outlined in the Comprehensive Plan. The
proposed land use is located in close proximity to other similar and compatible uses located
west of Randall Road and south I-90 Tollway. The proposal represents an infill
development and annexation of an area already surrounded by and within the City's
ultimate boundary that can be served by existing utilities. And the proposal is consistent
with the goal to maintain and enhance Elgin's distinctive image as a regional destination
and employment center with a high-quality new development and design.
ADDITIONAL STANDARDS FOR PLANNED DEVELOPMENTS
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 property is mostly flat with little topographical
change. There is, however, a small natural depression along the north property line that is
a delineated wetland. That wetland, however, is considered Farmed Wetland, a non-
jurisdictional wetland which is not under the jurisdiction of the U.S. Army Corps of
Engineers. The wetland will have no impact on the proposed development.
The applicant is proposing to remove approximately 307 existing trees on site,but most of
those trees are in poor condition. Still, the applicant is required to install 158 replacement
trees for those trees being removed. The proposal includes a total of 375 shade,evergreen,
and ornamental trees, which exceeds the tree replacement and other vehicle use area
landscaping requirements.
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.
- 14-
Recommendation & Findings of Fact
Petitions 22-23, 23-23,28-23,and 40-23
May 6, 2023
Findings. The subject property is suitable for the intended planned development with
respect to the land uses permitted within the development being located, designed, and
operated so as to exercise no undue detrimental influence on each other or on surrounding
properties. The proposed development will function as a self-contained development. The
property adjacent to the west is a CornEd electrical substation, while the properties
immediately to the east and south are vacant and expected to be developed with similar-
light industrial uses. As such, the proposed development would 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
and the stormwater ordinance:
1. Section 18.40.135, "Site Design". The minimum required vehicle use area street yard
setback is 39 feet. The applicant is proposing a parking lot with an eight-foot street yard
setback from the north property line along the Tollway.
2. Section 19.12.600,"Obstructions in Yards". A commercial operations yard is permitted
in the side and rear yards only.The applicant is proposing a commercial operations yard in
the street yard south of the building.
3. Section 19.90.015, "Definitions and Regulations". The maximum permitted height and
style of a fence in the street yard is 4 feet high and open design fence. The applicant is
proposing an eight-foot-high and six-foot-high solid,privacy,fence in the street yard south
of the building to enclose the commercial operations yard.
4. Section 19.45.180, "Islands at the End of Parking Rows". The ends of parking stall
rows are required to be protected with a landscape island.The applicant is proposing rows
of parking stalls int the truck parking lot without curb-protected landscape islands.
5. Section 19.90.015,"Definitions and Regulations". A refuse collection area is allowed in
the rear yards only.The applicant is proposing to construct a refuse collection area in street
yad south of the building.
6. Section 21.01.020, "Additions, Insertions and Changes" of the Municipal Code. A
stormwater detention facility is required to have a minimum of two feet of freeboard above
the base flood elevation around the perimeter of the detention facility. The applicant is
proposing a minimum of one foot of freeboard.
Staff finds the proposed departures are appropriate and necessary for the development of a
uniquely challenging site.
- 15 -
Recommendation& Findings of Fact
Petitions 22-23,23-23,28-23,and 40-23
May 6,2023
The property is triangularly shaped and is encumbered by a 49.5-foot natural gas easement
that crosses the property from east to west near the center of the property.The gas easement
prevents any construction other than a parking lot pavement over the easement area. This
presents a practical difficulty and challenges for a functional design layout. The applicant
therefore acquired the four single-family homes along Mason Road to increase the size of
the property. The proposed development would thereby also eliminate those four homes
which are incompatible with the surrounding and future light-industrial uses of the
immediate area.
Most of the requested departures are a direct result of the existing gas easement restrictions.
The building and its accessory parking lot are moved as far north as possible to avoid the
need for any building, light fixtures, or other structures within the gas easement. Because
the property is a double frontage lot,it has two street yards,one north and one south of the
building. With the higher visibility along the Tollway, the applicant has agreed to install
the building along the Tollway which leaves only the street yard south of the building for
the refuse collection area and the commercial operations yard for parking and storage of
trucks. The proposed refuse collection area will be attached to the building and enclosed
with a six-foot high wall constructed of the same concrete pre-cast panels that match the
building.
The applicant has agreed to enhance the screening of the commercial operations yard than
what is typically required because of its location in the street yard south of the building and
along Mason Road. While the eight-foot-high and six-foot-high solid, privacy fences
exceed the maximum permitted height and design allowed,the proposed fences,along with
the berm and landscaping,will provide the necessary screening of the truck parking lot to
minimize any negative effects on the surrounding properties.
The landscape islands at the end of truck parking stalls are not proposed to minimize the
conflicts they would cause with large semi-trucks and trailers maneuvering the site. Such
landscape islands are more critical in public parking lots to protect the passenger vehicles
of the public. In this case,the truck parking lot is private and will be used only by company
affiliated users. The proposal still exceeds the minimum required vehicle use area interior
landscape yard and landscaping(trees).
And finally, the proposed minimum freeboard of one foot around the perimeter of the
stormwater detention is a departure from the City's stormwater ordinance requirement for
two feet of freeboard,but is consistent with the Kane County's stormwater ordinance which
requires only one foot of freeboard.
The proposal represents a high-quality development on a mostly vacant and underutilized
property with practical difficulty for any development. The proposal will enhance the
image of the city without any negative effect on the surrounding uses and properties.
- 16-
Recommendation &Findings of Fact
Petitions 22-23,23-23,28-23,and 40-23
May 6,2023
STANDARDS FOR CONDITIONAL USE
A. Site Characteristics Standard. The suitability of the subject property for the intended
conditional use with respect to its size, shape, significant features including topography,
watercourses, vegetation, and existing improvements.
Findings.The subject property is suitable for the intended conditional use with respect to
its size, shape, significant features including topography, watercourses, vegetation, and
existing improvements.The 12.24-acre property is mostly vacant and used for agricultural
purposes. The site does include four single-family homes, which together comprise
approximately 2.45 acres of land,which would be demolished. The property is mostly flat
with little topographical change. There is, however, a small natural depression along the
north property line that is a delineated wetland. That wetland, however, is considered
Farmed Wetland, a non jurisdictional wetland which is not under the jurisdiction of the
U.S. Army Corps of Engineers. The wetland will have no impact on the proposed
development. There are no existing property improvements that would have a negative
impact on the proposed development of the property.
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 Mason
Road.The applicant would connect to the existing 8-inch water main with a looped service
around the building.
The applicant is proposing to construct three stormwater detention facilities, which would
discharge and connect to the existing storm sewer within Mason Road. Similarly, the
development would connect to the existing sanitary sewer within Mason Road. All existing
sewer and water facilities can adequately serve the 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 proposed development would have one full access
driveway to Mason Road that will be shared by both passenger vehicles and semi-trucks.
The driveway is designed to accommodate wide-turning vehicles and will not have any
negative impact on Mason Road traffic.
- 17-
Recommendation & Findings of Fact
Petitions 22-23,23-23, 28-23, and 40-23
May 6,2023
The applicant has submitted a traffic impact study prepared by a third-party traffic
consulting firm based on a similar trucking facility in Alsip, IL. Overall, the study
concludes that the proposed facility will increase the surrounding area traffic by less than
one per cent during the peak hours and will minimally affect the operations of Alft Lane
and Randall Road intersection,the busiest intersection in the area.The area west of Randall
Road and south I-90 Tollway has been designated and has been developing with light-
industrial uses over the years, with the exception of several commercial and office uses
immediately adjacent to Randall Road.
With hours of operation from 7 am to 5 pm Monday to Friday, most of the traffic coming
to the facility in the morning and leaving in the afternoon would occur outside of those
peak hours. Because of that, the study estimates that between the passenger vehicles and
trucks, the facility would generate only approximately 19 trips during the morning peak
hour and approximately 20 trips during the evening peak hour.
The City of Elgin recently added a second eastbound left-turn lane on Alft Lane and Kane
County Department of Transportation(KDOT)is working on Randall Road improvements
from IL Route 72(Higgins Road)to Big Timber Road. With those roadway improvements
the eastbound and westbound approaches on Alft Lane will operate as protected phases,
and northbound and southbound approaches on Randall Road are expected to gain
additional designated time. With those improvements, the eastbound and westbound
approaches on Alft Lane are expected to generally stay the same,while the northbound and
southbound movements are expected to improve with reduced delays.
The proposed development is required to provide one parking space per 1,000 square feet
of floor area or one parking space per 1.5 employees, whichever is greater. With a
maximum of 70 employees and a building floor area of 55,468 square feet, the proposed
development is required to have 55 regular parking spaces. With 107 parking spaces
proposed,the proposed development exceeds the parking requirement.
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 proposed trucking service transportation company's facility is compatible with other
uses and developments in the immediate area. The City has designated the area west of
Randall Road north and south of I-90 Tollway for light-industrial uses. Today, with the
exception of few remaining vacant land used for agricultural purposes,most properties that
have been annexed to the City in this area have been developed with similar light-industrial
- 18 -
Recommendation & Findings of Fact
Petitions 22-23,23-23,28-23,and 40-23
May 6,2023
uses.
The building is appropriately situated along the Tollway and will enhance the image of the
City with a high quality modern light-industrial building. The truck parking lot is well
screened with a combination of an eight-foot-high and six-foot-high fence on top of a
landscaping berm with extensive landscaping on the perimeter of the fence. The hours of
operation are also compatible with those of other surrounding light-industrial users.
The proposal would not have any negative effect on the surrounding properties. Rather,the
proposed development would eliminate the four single-family homes which are no longer
compatible with the surrounding light-industrial users.
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.
STANDARDS FOR STORMWATER ORDINANCE VARIATIONS
Applications for variations from the stormwater ordinance requirements must meet the standards
outlined in § 904 of the Kane County Stormwater Ordinance. The applicant has provided the
findings of fact attached as Exhibit E to substantiate the requested variation. Staff concurs with
applicant's findings of fact against the standards for variations from the stormwater ordinance
requirements.
RECOMMENDATION
The Community Development Department and the Planning & Zoning Commission recommend
approval of Petitions 22-23,23-23 28-23, and 40-23, subject to the following conditions:
1. Substantial conformance to the Development Application submitted by Orozco Trucking,
Inc., an Illinois corporation, as applicant, and Philip J. Wencek, as Trustee under Trust
Agreement Dated June 1, 2006 and known as the Philip J. Wencek Declaration of Trust,
(Parcel 1 owner), Philip J. Wencek, (Parcel 2 owner), Steven T. Null (Parcel 3 owner),
Rosalyn Szyjko (Parcel 4 owner), Mark Krupa and Lisa Krupa as Trustees of the Krupa
Living Trust(Parcel 5 owner),Joann Mizer as Independent Executor of the Estate of Theres
Agnes Ciochon, deceased, pursuant to Court Order of October 17, 2022 issued in the
- 19-
Recommendation & Findings of Fact
Petitions 22-23,23-23,28-23, and 40-23
May 6,2023
Circuit Court of the Sixteenth Judicial Circuit, Kane County, Illinois(Parcel 6 owner), as
property owners, received July 13,2023,and supporting documents including:
a. Undated Statement of Purpose and Conformance, received,April 28,2024;
b. Undated document titled Map Amendment For Planned Development Criteria,
received January 19, 2024;
c. Undated document titled Conditional Use Standards,received January 19, 2024;
d. ALTA / NSPS Land Title Survey, prepared by BRCJ Land Surveying, Civil
Engineering,GIS,dated August 17,2023;
e. Map of Annexation to the City of Elgin, Kane County, Illinois, prepared by
Manhard Consulting, dated June 27, 2023, last revised November 3, 2023, with
such further revisions as required by the City Engineer;
f. Final Plat of Mason Road Industrial Subdivision,prepared by Manhard Consulting,
dated November 3, 2023, last revised March 14, 2024, with such further revisions
as required by the City Engineer;
g. Plat of Vacation, prepared by Manhard Consulting, dated November 3, 2023, last
revised March 14, 2024, with such further revisions as required by the City
Engineer;
h. Site Plan, Sheet SP-1, prepared by Jacob & Hefner Associates, dated last revised
April 19, 2024, with such further revisions as required by the Community
Development Director;
i. Final Landscape Plan Orozco Trucking Elgin, Illinois,prepared by Gerry R.Weber
Associates, Inc., dated April 29, 2024, with such further revisions as required by
the Community Development Director;
j. Section A Orozco Development Elgin, Illinois, prepared by Gerry R. Weber
Associates, Inc.,dated November 30,2023,with such further revisions as required
by the Community Development Director
k. Section B Orozco Development Elgin, Illinois, prepared by Gerry R. Weber
Associates, Inc.,dated November 30,2023,with such further revisions as required
by the Community Development Director
1. Tree Removal Plan, prepared by Jacob & Hefner Associates, dated January 19,
2024, with such further revisions as required by the Community Development
Director;
m. Architectural plans titled New Office/Truck Maintenance Facility Orozco Trucking
Inc 2580 Mason Road Elgin, Illinois, prepared by Harris Architects Inc., dated
April 30, 2024, with such further revisions as required by the Community
Development Director;
n. Seven-page sign plans for Orozco Trucking, prepared by Doyle General Sign
Contractors, dated October 26, 2023, last revised April 2, 2024, with such further
revisions as required by the Community Development Director;
o. Exterior Lighting Photometric Plan, prepared by Arrow Flow Co., dated January
18,2024,last revised April 24,2024,with such further revisions as required by the
Community Development Director; and
-20-
Recommendation & Findings of Fact
Petitions 22-23,23-23,28-23, and 40-23
May 6,2023
p. Engineering plans titled Site Improvement Plans for 2580 Mason Road Elgin, IL
Principle Construction Corp., prepared by Jacob & Hefner Associates, dated last
revised March 26, 2024, with such further revisions as required by the City
Engineer.
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 installation of a vehicle use area with the
minimum street yard setback of eight feet from the north property line.
3. A departure is hereby granted to allow the commercial operations yard for semi-truck and
trailer parking and storage in the street yard south of the building.
4. A departure is hereby granted to allow the installation of a six-foot-high and eight-foot-
high privacy fence in the street yard south of the building to enclose the commercial
operations yard for parking and storage of semi-trucks and trailers.
5. A departure is hereby granted to allow the installation of a parking lot for semi-trucks and
trailers without landscape islands at the end of parking rows.
6. A departure is hereby granted to allow the construction of the stormwater detention
facilities with a minimum of one(1) foot of freeboard.
7. A departure is hereby granted to allow the construction of a refuse collection area in the
street yard south of the building. Such refuse collection area shall be enclosed with a six-
foot-high, solid,masonry wall matching the exterior of the building.
8. Only vehicles,trucks,trailers,chassis and equipment owned or operated by one or more of
the entities collectively known as"Orozco Entities",as described in the undated Statement
of Purpose and Conformance, received, April 28, 2024, shall be stored, maintained,
repaired and/or parked on the Subject Property. The phrase "Orozco Entities" shall also
include:employees of any of the entities part of"Orozco Entities",and independent owner-
operators under contract with one or more of"Orozco Entities".
9. All trucks parked or stored on the Subject Property shall bear a logo similar to that shown
on Exhibit B attached to the undated Statement of Purpose and Conformance, received,
April 28, 2024,that states"Orozco Trucking"or"Orozco Trucking Dedicated"or similar,
and shall be uniform in appearance.
10. Compliance with all applicable codes and ordinances.
-21 -
Recommendation&Findings of Fact
Petitions 22-23,23-23,28-23, and 40-23
May 6,2023
The vote of the Planning&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(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
-22 -
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Petition 22-23&23-23&28-23
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EXHIBIT Aerial/Location Map N
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0 120 240 480 720 960
Map prepared by City of Elgin
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Department of Community Development
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Petition 22-23&23-23&28-23
Legend
QRC1 Residence Conservation 1
QRC2 Residence Conservation 2 - -
ORC3 Residence Conservation 3
QPRC Planned Residence Conservation
O SFR1 Single Family Residence 1
I r'f�FY4iY:Fl
OPSFR1 Planned Single Family Residence
OSFR2 Single Family Residence 2
•
Q PSFR2 Planned Single Family Residence.
QTRF Two Family Residence PORI
OPTRF Planned Two Family Residence
OMFR Multiple Family Residence
OPMFR Planned Multiple Family Residence
•
Q RB Residence Business
PRB Planned Residential Business - '.
MINB Neighborhood Business - • '
®PNB Planned Neighborhood Business
-AB Area Business
-PAB Planned Area Business
-CC1 Center City 1 -- -
-CC2 Center City 2
-PCC Planned Center City
®ORI Office Research Industrial
®PORI Planned Office Research Industrial
•
-GI General Industrial ORI
MIPGI Planned General Industrial `�Q
MICI Commercial Industrial
04
MI CF Community Facilityii
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EXHIBIT B Zoning Map N
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S
Map prepared by City of Elgin 0 105 210 420 630 Feet
Department of Community Development
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90 p Y
2580 Mason Rd.
Petition 22-23&23-23&28-23
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EXHBIIT C Parcel Map A
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City of Elgin 0 45 90 180 270 360
Department of Community Development Feet
EXHIBIT D
SITE LOCATION
37W340 Mason Road
Petitions 22-23, 23-23, 28-23, and 40-23
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EXHIBIT D
SITE LOCATION
37W340 Mason Road
Petitions 22-23, 23-23, 28-23, and 40-23
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EXHIBIT D
SITE LOCATION
37W340 Mason Road
Petitions 22-23 23-23, 28-23, and 40-23
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EXHIBIT D
SITE LOCATION
37W340 Mason Road
Petitions 22-23, 23-23, 28-23, and 40-23
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EXHIBIT E
STORMWATER ORDINANCE APPLICATION
AND
FINDINGS OF FACT
PETITIONS 22-23, 23-23, 28-23, and 40-23
37W340 Mason Road
(future 2580 Mason Road)
EXHIBIT E
State of Illinois )
County of Kane )
APPLICATION FOR STORMWATER VARIATION
PURSUANT TO SECTION 9-257 OF THE
KANE COUNTY STORMWATER ORDINANCE
The undersigned, OROZCO TRUCKING, INC., an Illinois corporation (and its assignee, R&K
Elgin Group, LLC')("Applicant'),being the proposed developer of the land described on Exhibit
A attached hereto, does hereby request the following variance(s) from the Kane County
Stormwater Ordinance (the "Variances"):
1. Departure from the City's adopted stormwater ordinance requiring 2 feet of
freeboard on proposed detention facilities (Title 21.01.010). The applicant is
requesting the minimum freeboard be amended for this project to be 1 foot for
proposed detention facilities.
This application is being filed with the City of Elgin (the "City") contemporaneously with the
filing of an application for a stormwater management permit. In support of this variance request,
the Applicant provides the following information in accordance with Section 9-257 of the
Stormwater Ordinance (the "Ordinance"):
A. An application for variance shall set forth:
1. The common address(es) and legal description of the Site.
Response: Please see Exhibit A attached hereto.
2. The Persons identified in Sections 9-31 of the Ordinance;
(a) The names and legal addresses of all owners of the Site:
Response:
Name: Philip J. Wencek, Individually and as Trustee of the Philip J. Wencek Declaration
of Trust Dated June 1, 2006 (Parcel 1); and Philip J. Wencek(Parcel 2)
Address: 6910 Cambria Cove, Crystal Lake, IL 60014
Contact: c/o Maureen K. Kappler, Esq. Law Office of Robert W. Smith
Phone: Maureen Kappler: 224-629-0652
Email: mojdgmkappler.org; bobsmithlaw@sbcglobal.net
Orozco Trucking, Inc. will acquire fee simple title to the Subject Property using a special purpose entity, namely
R&K Elgin Group, LLC, an Illinois limited liability company. All approvals requested in this Application will be
utilized by R&K Elgin Group,LLC,an entity under common control with Orozco Trucking,Inc.,the current contract
purchaser.
1
Name: Steven T.Null(Parcel 3)
Address: 37W350 Mason Road, Elgin, IL 60124
Contact: do Timothy Jagielski, Esq.,JJA,LLC
Phone: Timothy Jagielski: 815-985-5981
Email: Tim.Jagielski(a�jjlawfirm.com
Name: Rosalyn Szyjko(Parcel 4)
Address: 37W360 Mason Road, Elgin, IL 60124
Contact: do Timothy Jagielski, Esq.,JJA, LLC
Phone: Timothy Jagielski: 815-985-5981
Email: Tim.Jagielskinjjlawfirm.com
Name: Krupa Living Trust,Mark Krupa and Lisa Krupa,Trustees(Parcel 5)
Address: 37W370 Mason Road, Elgin, IL 60124
Contact: do Timothy Jagielski,Esq.,JJA,LLC
Phone: Timothy Jagielski: 815-985-5981
Email:Tim.Jagielski a jjlawfirm.com
Name: Joann Mizer as Independent Executor of the Estate of Theres Agnes Ciochon,
deceased,pursuant to Court Order of October 17,2022 issued in the Circuit Court of the
Sixteenth Judicial Circuit, Kane County, Illinois(Parcel 6)
Address: 37W380 Mason Road, Elgin, IL 60124
Contact: do Timothy Jagielski, Esq.,JJA, LLC
Phone: Timothy Jagielski: 815-985-5981
Email: Tim.JagielskiAjjlawfirm.com
(b) The names and legal addresses of the Developer or Developers responsible for
completing the Development according to the plans submitted,the terms and conditions
of the permit and the requirements of this Chapter.
Response:
Name: Orozco Trucking,Inc.,an Illinois corporation
Address: 931 Busse Road, Elk Grove Village 60007
Contact: do Dmitri Kachan, Esq. Chicago Legal Solutions, LLP
110 Higgins Rd., Park Ridge, IL 60068
Phone: Dmitri Kachan: (224)218-9618
Email: dkachan®chicagolegalsolutions.com
2
3. The names and addresses of all consultants retained in connection with the application for
a variance:
Jason Cebulski, P.E.
Project Manager
JACOB & HEFNER ASSOCIATES. INC.
1333 Butterfield Road, Suite 300
Downers Grove, Illinois 60515
Direct (630) 652-4607
Cell (630) 779-9306
4. The names and addresses of all owners of record of land within two hundred fifty feet
(250')of the Site:
Response: See attached Exhibit B.
5. The specific feature or features of the Development that require a variance;
Response: The amount of freeboard required for the proposed detention facilities.
6. The specific provisions of this Chapter from which a variance is sought and the precise
extent of the variance therefrom.
Response: Chapter 21.01 Sec. 203(h)(1), entitled, "Site Runoff Storage Requirements
(Detention)"
A minimum of two(2) feet of freeboard above the base flood elevation shall be provided
around the perimeter of the detention facility with the exception of the overflow structure.
Water surface elevations two(2) feet above the base flood elevation shall not damage the
detention facility.
7. A statement of the characteristics of the Development that prevent compliance with the
provisions of this Chapter.
Response: A deviation from the Ordinance is being requested due to the site grading
constraints along with the large amount of landscape berms being required by City
staff resulting in the loss of available land needed to provide the additional detention.
The variance requested is the minimum variance necessary to permit the Development.
3
STANDARDS
In support of this variance request, Applicant states that the requested variance satisfies the
standards set forth in Section 9-260 of the Kane County Stormwater Ordinance as follows:
1. The variance will not increase the probability of Flood damage or create an additional threat
to the public health,safety,and welfare.
2. The variance is the minimum required considering each of the following statements of policy
underlying this Chapter and there are no means other than the requested variance by which the
demonstrated hardship can be avoided or remedied to a degree sufficient to permit the reasonable
continuation of the Development:
a. Detention Storage Facility shall also contribute to the improvement of the quality of
stormwater Runoff.
b. The volume provided in open air vegetated Detention Storage Facilities is maximized
consistent with other Site constraints on land use,including zoning requirements essential for
the proposed Development.
c. Conveyance of stormwater shall not disproportionately absorb the design capacity of
existing off-site conveyance facilities for any storm event from the 50 percent(50%)Design
Storm to the one percent(1%)Design Storm.
d. High quality natural areas shall be preserved on the Site,including,without limitation,
stands of native trees, existing Wetlands, natural Floodplain storage or other valuable
environmental and biological resources.
3. The variance is not requested solely for the purpose of increasing the density of the
Development nor Impervious Areas on the Site.
4. The variance is not requested solely as a result of economic hardship.
5. If applicable,the variance is required due to unique,natural topographical features of the Site.
6. The Applicant's circumstances are not self-imposed.
Miscellaneous
Applicant requests that copies of all notices given to Applicant hereunder(or in connection with the
actions requested to be taken herein)be sent to the following parties:
Andrew E.Kolb,Esq.
Vanek,Larson&Kolb,LLC
200 W. Main Street
St.Charles,Illinois 60174
Phone: 630-513-9800
4
Fax: 630-513-9802
akolbna,vlklawfirm.com
kellv( vlklawfirm.com
Philip J. Wencek
do Law Office of Robert W. Smith
Attn: Maureen K. Kappler
15N269 Reinking Road
Hampshire, IL 60140
Phone: 224-629-0652
Fax: 847-742-6152
mojd@n,mkappler.org
Timothy Jagielski
JJA,LLC
P.O. Box 382
Byron, Illinois 61010
815-985-5981
Tim.Jagielski@jjlawfirm.com
5
EXHIBIT A
LEGAL DESCRIPTION
PARCEL 1:
THAT PART OF THE SOUTHEAST 1/4 OF SECTION 30,TOWNSHIP 42 NORTH, RANGE 8
EAST OF THE THIRD PRINCIPAL MERIDIAN,DESCRIBED AS FOLLOWS:BEGINNING AT
THE SOUTHWEST CORNER OF SAID SOUTHEAST 1/4; THENCE EAST ALONG THE
SOUTH LINE OF SAID SOUTHEAST 1/4, 532 FEET TO A POINT 200 FEET WEST OF, AS
MEASURED ALONG SAID SOUTH LINE OF THE SOUTHEAST 1/4, THE SOUTHWEST
CORNER OF WEDGEWOOD ACRES,UNIT NO. I;THENCE NORTH PARALLEL WITH THE
WEST LINE OF SAID WEDGEWOOD ACRES,UNIT NO. 1,233 FEET TO THE NORTH LINE
OF SAID WEDGEWOOD ACRES,UNIT NO. 1,EXTENDED WEST;THENCE EAST ALONG
SAID EXTENDED NORTH LINE 200 FEET TO THE NORTHWEST CORNER OF SAID
WEDGEWOOD ACRES, UNIT NO. I; THENCE EAST ALONG THE NORTH LINE OF SAID
WEDGEWOOD ACRES UNIT NO. 1, 400 FEET TO THE NORTHEAST CORNER OF LOT 3
OF SAID WEDGEWOOD ACRES, UNIT NO. 1; THENCE NORTH ALONG AN EXTENSION
OF THE EAST LINE OF SAID LOT 3 A DISTANCE OF 132.05 FEET TO THE SOUTHERLY
RIGHT OF WAY LINE OF THE STATE OF ILLINOIS NORTHWEST TOLL HIGHWAY;
THENCE NORTHWESTERLY ALONG SAID SOUTHERLY RIGHT OF WAY LINE TO THE
WEST LINE OF SAID SOUTHEAST 1/4;THENCE SOUTH ALONG SAID WEST LINE TO THE
POINT OF BEGINNING,EXCEPTING THEREFROM THE WESTERLY 250 FEET THEREOF,
IN THE TOWNSHIP OF DUNDEE,KANE COUNTY,ILLINOIS.
PARCEL 2:
LOT 3 OF WEDGEWOOD ACRES, UNIT NO. 1, IN THE TOWNSHIP OF DUNDEE, KANE
COUNTY,ILLINOIS.
PARCEL 3:
LOT 4 OF WEDGEWOOD ACRES, UNIT NO. 1, IN THE TOWNSHIP OF DUNDEE, KANE
COUNTY,ILLINOIS.
PARCEL 4:
LOT 5 OF WEDGEWOOD ACRES, UNIT NO. 1, IN THE TOWNSHIP OF DUNDEE, KANE
COUNTY,ILLINOIS.
PARCEL 5:
LOT 6 OF WEDGEWOOD ACRES, UNIT NO. 1, IN THE TOWNSHIP OF DUNDEE, KANE
COUNTY,ILLINOIS.
PARCEL 6:
THAT PART OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 30,
TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN,
DESCRIBED AS FOLLOWS:
6
COMMENCING AT THE SOUTHWEST CORNER OF THE WEST HALF OF SAID
SOUTHEAST QUARTER;THENCE EAST ALONG THE SOUTH LINE OF SAID SOUTHEAST
QUARTER, 732.0 FEET TO THE SOUTHWEST CORNER OF WEDGEWOOD ACRES UNIT
NO. 1, FOR THE POINT OF BEGINNING; THENCE NORTH ALONG THE WEST LINE OF
SAID WEDGEWOOD ACRES, 233.0 FEET TO THE NORTHWEST CORNER THEREOF;
THENCE WEST AND PARALLEL TO THE SOUTH LINE OF SAID SOUTHEAST QUARTER,
200.0 FEET; THENCE SOUTH AND PARALLEL TO THE WEST LINE OF SAID
WEDGEWOOD ACRES, 233.0 FEET TO THE SOUTH LINE OF SAID SOUTHEAST
QUARTER; THENCE EAST ALONG SAID SOUTH LINE, 200,0 FEET TO THE POINT OF
BEGINNING, IN THE TOWNSHIP OF DUNDEE,KANE COUNTY,ILLINOIS.
7
EXHIBIT B
NAMES AND ADDRESSES OF ALL OWNERS OF RECORD OF LAND WITHIN TWO
IiUNDRED FIFTY FEET(250')OF THE SITE
"**SUBJECT PROPERTY**** ****SUBJECT PROPERTY**** ****SUBJECT PROPERTY****
03-30-451-002 03-30-451-003 03-30-451-004
KRUPA LIVING TRUST SZYJKO,ROSALYN A NULL,STEVEN T
LISA R&MARK R KRUPA,CO-TRUSTEES 37W360 MASON RD 37W350 MASON RD
37W370 MASON RD
ELGIN,IL,60124-7850 ELGIN,IL,60124 ELGIN,IL,60124-7850
****SUBJECT PROPERTY*••• ••••SUBJECT PROPERTY•••• ••••SIIBJECTPROPI:RTY••*•
03-30-451-005 03-30-451.009 03-30-451-010
WENCEK,PHILIP J CIOCHON,THADDEUS ANDREW&THERESA WENCEK,PHILIP J DCLRN OF TR,TRUSTEE
6910 CAMBRIA CV A PAUL CIOCHON PHILIP&LINDA WENCEK
37W380 MASON RD 6910 CAMBRIA
VILLAGE OF LAKEWOOD,IL,60014-6652
CV
ELGIN,IL,60124-7850 LAKEWOOD,IL,60014-6652
03-30-424-001 03-30-424-003 03-30-424-004
RANDALL ROSE AUTO MALL, MMRL AUTO LLC MMRL AUTO LLC
PROPERTY OWNERS ASSOC STEVE CHMELIK STEVE CHMELIK
US BANK 9440 ENTERPRISE DR 9440 ENTERPRISE DR
28 MADISON ST MOKENA,IL,60448-8321 MOKENA,IL,60448-8321
OAK PARK,IL,60302-4230
03-30-424-007 03-30.451-01 1 03-30-451-014
ELGIN CITY OF COMMONWEALTH EDISON COMPANY ABCP INVESTMENTS LLC-LAND
CITY MANAGER 3 LINCOLN CTR FL 4 SERIES
150 DEXTER CT OAKBROOK TERRACE,IL,60181-4204 1250 LARKIN AVE STE 100
ELGIN,IL,60120-5555 ELGIN,IL,60123-6078
03-31-202-004 03-31-202-005 03-31-226-001
FOX RIVER WEST VENTURE LLC FOX RIVER WEST VENTURE LLC NEW VISION ELGIN HOTEL LLC
5060 RIVER RD 5060 RIVER RD 1780 CAPITAL ST
SCHILLER PARK,IL,60176-1076 SCHILLER PARK,IL,60176-1076 ELGIN,IL,60124-7890
03-31-226-002 03-31-227-006
PRABHA REAL ESTATE INVESTMENTS ABCP INVESTMENTS LLC-LAND
INC SERIES
36W128 SILVER GLEN RD 1250 LARKIN AVE STE 100
SAINT CHARLES,IL,60175-6820 ELGIN,II,60123-6078
8