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HomeMy WebLinkAboutG57-24 Ordinance No. G57-24 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A TRUCKING SERVICES, MOTOR VEHICLE REPAIR SHOP, PUBLIC WAREHOUSING AND STORAGE, AND COMMERCIAL OPERATIONS YARD IN THE PORI PLANNED OFFICE RESEARCH INDUSTRIAL DISTRICT (2580 Mason Road) WHEREAS, written application has been made requesting conditional use approval to establish trucking services, motor vehicle repair shop, public warehousing and storage, and commercial operations yard at 2580 Mason Road; and WHEREAS,the zoning lot with the building containing the premises at 2580 Mason Road, is legally described herein (the"Subject Property"); and WHEREAS, the Subject Property is located within the PORI Planned Office Research Industrial District established by Ordinance No. G56-24, and trucking services, motor vehicle repair shop, public warehousing and storage, and commercial operations yard are listed as a conditional use within the PORI Planned Office Research Industrial District established by Ordinance No. G56-24; 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 granting a conditional use 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 a conditional use to establish trucking services, motor vehicle repair shop, public warehousing and storage, and commercial operations yard is hereby granted for the property commonly known as 2580 Mason Road, and commonly identified by Kane County Property Index Numbers 03-30-451-010, 03-30-451-005, 03-30-451-004, 03-30-451-003, 03-30- 451-002,and 03-30-451-009,and legally described as follows: 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. 2 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) 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 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, 3 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 Remo\al Plan, prepared by Jacob & Hefner Associates, dated January 19, 2024, with such further revisions as required by the Community Development Director; in. 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 :equired 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. Only vehicles,trucks,trai lcrs,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, reh sired and/or parked on the Subject Property. The phrase "Orozco Entities"shall ako include: employees of any of the entities part of"Orozco Entities", and independent owner-operators under contract with one or more of "Orozco 4 Entities". 3. 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. 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. ati avid J. ain, ayor Presented: November 20, 2024 Passed: November 20, 2024 Omnibus Vote: Yeas: 8 Nays: 0 Recorded: November 20, 2024 Published: November 20, 2024 , Attest: Kimberly Dewis, ('1 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 Szyjko (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 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 ", ' ' q3/4404ip Subect ' ..• v ! 71 ,..„, s� 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 I-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 N-- final plat of subdivision to flow- consolidate the property into = `: p. •,, �. one lot. The proposed % '••;. development consists of a P 1• .. yam, 55,468-square foot light- i .,, fir' ., industrial building oriented at • Ii the back of the property along I l % / \,, the Tollway. A parking lot with • r 107 parking spaces for •‘; / Zr' , ii passenger vehicles would be �` - "` � located north of the building, 1 �.. - --). while a parking lot with 138 — ^--- parking spaces for parking and it + � storage of semi-trucks and --` _ Li trailers would be located south I • •""' "" -- ._ , of the building. The site is laii� _... K designed so that no building or ____ . structures, except for parking . j1111 .II1111 I I r �: lot pavement, are located over I- --4 -- -- ---�-- — —-� the 49.5-gas pipeline easement :`!..•..- - —-- iwrin r - —ff M A b N ROAD cad - 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. . j r exizzt at....\ liffift....._ vim ___ _ . 1:', , • y •''' ``" -� '-V- Figure 3.Cross section of o�f / landscape berm with 6-ft-high ti''''.. - L_ 1-;- ( e- fence along Mason Road [II HIGH 6ENCE41 1.__ "rr-- •_• - ZT. . I $HEETLI.2 `... r "'" b ' _ IIIL �' \‘‘‘ I T -- , _,_In Inm ow f I r .T t'-- T , -sp--- - $. l__ S*IEET L13 I , ,- ,y�r- `r '+ ;fit ,+ ' `IL '1I 1 I I•,l ' _ _ .:y iiteilit L'R"-r•�.' a..'3P.'�!1'�2 w.a""' 7►.., •e_" _ j.• .. • S •a' • i'. • .�•,,a ••.. off L'_.— _ —.. — J H.M.N.`_ f 1 .:. 1, . . . _ —. ' TOV OFAI• rT 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 1-90 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 Fanned 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 I-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 1-90 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 1-90 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 1-90 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 ComEd 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 1-90 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 1-90 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/Jav Cox Jay Cox, Chairman Planning& Zoning Commission s/Damir Latinovic Damir Latinovic,AICP; Secretary Planning&Zoning Commission - 22 - `F--liYR 11r; R - .111.1111111.111.111, GI 1 •OFF e Alt:/. �' • a . l .47(.4r.'" 11 1 lip Fir,•.."' 1111111 Subject Property Petition 22-23&23-23&28-23 90 � .4 , . � ` . ,, II a1+ . 1 - 6116‘. ...marammi-i.H �� - Point Blvd if:r + Poo? Q I � a,. ..,.._.„___. , . \ te+o .d . 4ason - • IX if Air lei . t: 4 k I l I. -4,h r...&...-- -,.- di:. J or .1',k illr . . . ... . 1 0 • ; ► 0, ;, Westfield Dr __ � r litill ,..., :.. ..:.:_,, , ,•.. 1 ! , i sr.= 1 EXHIBITA Aerial/Location Map a+i S 0 120 240 480 720 960 Map prepared by City of Elgin Feet Department of Community Development o` o 0 am5'4 " C° PAB Auto 07 O. m PORI ram`\ iiiiiMi 90 ,„,, Subject Property Petition 22-23&23-23&28-23 Legend QRC1 Residence Conservator,1 EiRC2 Residence Conservator,2 RC3 Residence Conservator,3 QPRC Planned Residence Conservation SFR1 Single Family Residence 1 PSFR1 Planned Single Family Residence QSFR2 Single Family Residence 2 QPSFR2 Planned Single Family Residence • _ ' Q TRF Two Family Residence PORT QPTRF Planned Two Family Residence QMFR Multiple Family Residence QPMFR Planned Multiple Family Residence ORB Residence Business iiPRB Planned Residential Business NB Neighborhood Business -PNB Planned Neighborhood Business -AB Area Business -PAB Planned Area Business -CC 1 Center City 1 -CC2 Center City 2 -PCC Planned Center City -ORI Office Research Industrial • -PORI Planned Office Research Industrial MIGI General lndustnal ORI -PGI Planned General lndustnal aOt ElCI Commercial Industrial ` INCF Community Facility �.� -PCF Planned Community Facility EXHIBITS Zoning Map " w+E S Map prepared by City of Elgin 0 105 210 420 630 840 Feet Department of Community Development 'g4fo Subject Property 90 J p Y 2580 Mason Rd. Petition 22-23&23-23&28-23 0330451010 u,o ......L. 0-- `P°,� °o `�i Y 7Ts,° Oss �`,°° v'°vs s�� o9 70 0 >° 0 o Mason Rd _� h V I EXHBIIT C Parcel Map N A City of Elgin o 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 fii (4....,, , 1 •ii . b• Sub'ect Pro pert tI Ili 4 . a $ ., s. . • 4 r-----1 . „i,. . •nyV 14.4.04 .tr iF _..._. Tom. 70 • ~ V ,_ — A i '.. r. ,..,..:,....,..„ Y&MiM! .__ '' atr ' Site area map with zoning overlay EXHIBIT D SITE LOCATION 37W340 Mason Road Petitions 22-23, 23-23, 28-23, and 40-23 3 2111 Subject pr,pe rt .. ,.; \i,...\ iiiiii 11114. J ` -; . • .. .. ..._. .. : Ne VP • A - _ Bird's eye view looking north . ,A ,„. ( ir -----. , . . Li'aftwasli&I- L, rimimapp Su e'ect propert ,,,. . fV ir . , ., . , . ,: . .... . , :.... . .. .. /„..„,....: ... , ,,..._. Bird's eye view looking south EXHIBIT D SITE LOCATION 37W340 Mason Road Petitions 22-23 23-23 28-23 and 40-23 -- —• --..,•.„:„ . ... • -.,.., , ',.. _ ,. . ,w. 4z.3,„4 ,,. .='. • .4. . . ' ,. ,• z; - . ,.. f.. 4,,; •- -.. ; • s !II,••`-,-;.-N 00- ' - '°, ''.. ' ;4'-s"., . • . \ .•.. • • •, '.. ...% ...\-'"•ti• '-ltZ:- •:... 4: Ole Ali- -• •,.$4- "alt 41.*41P • ..,ipi:.. ,-.....m...„' •ei,I, ., / i•-••1 -ak „.".!... ... -.•f e .:,„ ,..4„,t.r...z,,4*- - . ,. .. . 1 P • . . .:,. .•. • .41P... •. ,i,...z.„. ...::., s,.•:,,e,.. _.. . ii),....• _ ,, a. . '* t.PO 4 1 I ii ' ... *41.. .4. ..i. • . •• • ' i•• -, .. lit- , ., • • t• .. *4 400, • ' - ,-. a ' XI:. • '4 111 . ;,„ -.''i ' 0 t I ' • -- - • IN- yft, .1 • iii i ell ...t .-5.‘ tilaN''' ' . : 1 -'S IC 4•11L'IVILI. ,... --4 el it ,t , •1r -- ttoir.:41 ' tA .1 %*' :::,- 4 •'';'',t h L It lit •• " ". ' „ ; r.t,` 4.' I.. :1:Ark 1• t . iL • , '... 1/4•7 \• , - vi 1'7 • a r . - - • - rah. ..14orzhm. *111 - 4111111111 i: , •*- , . \ 37W350 Mason Rd home ..,.. . , . 0-1-"tielee .. , • , --_-_-„L_______..k., , :t. 140, ,.,r• i - n. -- -- 14C... ''''AZ ...I" -.7 ••-4 • 46, .... - — • ,'.• , 211. • p.& y-:-.4,ICI'S; - , ,"i' • --A---- ----- li A. - •14 . I :.'„fflz., ' • --,,,,,-i - . : ' ' • '''3 ,„.;'Ag... ,_ . -e•00:.- -:-: • .„, _ t 4' .•; ' 1. •- 4* •r.. 0'.. ,., ..,:f r `,.__,;;;;•• 1*. •" •'llfaSe%411,0 • ":7: -:'‘ _ -: dilidasia...C . c .-.4 • ' - ' • 1„:, / _ C-... .--fer.0 *, `' 4 '• ' :' 4• .. ' 4? . ( ', ..4 f;,. ,44.V%4:-; Lii , l' - " .i5 ' •• 1 i _ • • ••-• 1$ ...,, , • . . ' _ 411111.0111 s ....1r\ 1 . ) 37W360 Mason Rd home EXHIBIT D SITE LOCATION 37W340 Mason Road Petitions 22-23, 23-23, 28-23, and 40-23 ..1 # st, .., ,!,..e.,,,A ,rs,vrT, - 0' ,' •• ,-.. t i% . rrr,:tfik,...,,,,,,,,mctis - z. 7 ,_,-A- , ' • , ..... '''' r WI e",/at —,•_ ;. 1 4.- pe.4 ,,, , ,..i . . $10 [Yi s...'7. ' h-', ".' -3 •k ..i :.,A,te k • 1,,: , 4‘;'',.• ".:' 1.ir 1 r .` q; , \ ' ,,,,A Ak,, f"""' Iii .. V, ' . . ' '" .t ,. 4' :, wed' N.... 1 37W370 Mason Rd home -- -t,,-,-;tiii.„,--"1-4.4"u'l ':1;' '%,,Z‘'‘- ligilliblie , ,. ..,,,, _ . , , . . , ..:, 4..,• , 3 —,i- , j' „• '.- ql- •• t: / 1 r , ..., f ... •Cetil), •se".•••,....., 4' 41111e V%+' •era y ' • : 1,i"� r' mo+ — . yy - _— • 44 Z/ . ` ti ` � I S. -... 4j� ? , sr L 37W380 Mason Rd home 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: mojd@mkappler.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: c/o Timothy Jagielski, Esq.,JJA, LLC Phone: Timothy Jagielski: 815-985-5981 Email: Tim.Jagielski(ajjlawfirm.com Name: Rosalyn Szyjko(Parcel 4) Address: 37W360 Mason Road, Elgin, IL 60124 Contact: c/o Timothy Jagielski, Esq., JJA,LLC Phone: Timothy Jagielski: 815-985-5981 Email:Tim.Jagielski(a),,jjlawfirm.com Name: Krupa Living Trust, Mark Krupa and Lisa Krupa,Trustees(Parcel 5) Address: 37W370 Mason Road, Elgin, IL 60124 Contact: c/o 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: c/o Timothy Jagielski, Esq.,JJA, LLC Phone: Timothy Jagielski: 815-985-5981 Email:Tim.Jagielski(d,j,jlawfirm.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)(I),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 akolb( vlklawfirm.com kellynvlklawfirm.com Philip J. Wencek c/o 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(cdmkappler.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 l: 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, 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 HUNDRED 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 37W37 IL,60124-7850 MASON RD ELGIN, ELGIN,IL,60124 ELGIN,II,60124-7850 ""SUBJECT PROPERTY•••• ""SUBJECT PROPERTY'••• ""SUBJECT PROPERTY•••• 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 VILLAGE OF LAKEWOOD,IL,60014-6652 ELGIN,IL,60124-7850 LAKEWOOD,OOD IL, CV L,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,II,60302-4230 03-30-424-007 03-30-451-011 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 MC SERIES 36W128 SILVER GLEN RD 1250 LARKM AVE STE 100 SAINT CHARLES,IL,60175-6820 ELGIN,II,60123-6078 8