HomeMy WebLinkAboutG62-24 Ordinance No. G62-24
AN ORDINANCE
GRANTING A CONDITIONAL USE FOR A MOTOR VEHICLE SERVICE STATION AND
A PLANNED DEVELOPMENT IN THE AB AREA BUSINESS DISTRICT AND ARC
ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT WITH CERTAIN DEPARTURES
FROM THE ELGIN ZONING ORDINANCE
(1005 North Liberty Street)
WHEREAS, written application has been made requesting conditional use approval for a
planned development to construct a new motor vehicle service station with a convenience food
store operated on a twenty-four (24) hour basis with certain departures from the Elgin zoning
ordinance at 1005 North Liberty Street; and
WHEREAS, the zoning lot containing the premises at 1005 North Liberty Street is legally
described herein(the "Subject Property"); and
WHEREAS, the Subject Property contains less than two (2) acres of land, and is located
within the AB Area Business District and ARC Arterial Road Corridor Overlay District; and
WHEREAS, a motor vehicle service station, and a planned development on a zoning iot
containing less than two (2) acres of land are listed as a conditional use within the AB Area
Business District; and
WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning
said application on November 4, 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 in their
Findings of Fact; and
WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and
recommendations of the Community Development Department and the Planning and Zoning
Commission; and
WHEREAS,the City of Elgin is a home rule unit and as a home rule unit may exercise any
power and perform any function pertaining to its government and affairs; and
WHEREAS,zoning,including,but not limited to.this ordinance granting a conditional use
for a motor vehicle service station and a planned development in the AB Area Business District
pertains to the government and affairs of the city.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section 1. That the City Council of the City of Elgin hereby adopts the Findings of
Fact, dated November 4, 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 for a planned development to construct a new motor
vehicle service station with a convenience food store operated on a twenty-four (24) hour basis
with certain departures from the Elgin zoning ordinance is hereby granted for the property
commonly known as 1005 North Liberty Street, and commonly identified by Kane County
Property Index Numbers 06-12-237-012, 06-12-237-013, and 06-12-237-024, and legally
described as follows:
THE SOUTH 56.11 FEET OF LOTS 10 AND 11 AND ALL OF LOTS 12 AND 13 IN
BLOCK 10 OF LUDLOW ADDITION TO ELGIN, IN THE CITY OF ELGIN, KANE
COUNTY, ILLINOIS;
(commonly known as 1005 North Liberty Street).
Section 3. That the conditional use for the Subject Property as authorized by this
ordinance shall be subject to the following additional conditions:
1. Substantial conformance to the Development Application submitted by Ahmed Minhaj,
as applicant, and Shirin K. Marvi, as property owner, received September 18, 2024,
and supporting documents including:
a. Undated Conditional Use Statement of Purpose and Conformity for 1005 N. Liberty
Street, received September 13, 2024;
b. Undated Map Amendment for a Planned Development Statement of Purpose and
Conformity for 1005 N. Liberty Street, received September 13, 2024;
c. Topographic Plat of Survey, prepared by Landmark Engineering LLC, dated April
24, 2017;
d. Architectural plan set for New Elgin Gas Station & Convenience Store, prepared
by M2Ke Design, LLC, dated March 1, 2024, last revised October 17, 2024, with
such further revisions as required by the Community Development Director;
e. Site Plan sheet C101, prepared by DVG Team Inc., dated October 22, 2024, last
revised November 1, 2024, with such further revisions as required by the City
Engineer;
f. Landscape Plan, sheet L 1.0, prepared by Hubinger Landscaping Corp., dated
October 17, 2024, last revised November 1, 2024, with such further revisions as
required by the Community Development Director;
g. Four-page site photometrics plans, prepared by Visual, dated November 1, 2024,
with such further revisions as required by the Community Development Director;
h. Undated lighting specifications for ARC2 LED Architectural Wall Luminaire, by
2
Lithonia Lighting, dated received October 18, 2024;
i. Undated lighting specifications for D-series Size 0 LED Area Luminaire, by
Lithonia Lighting, dated received October 18, 2024;
j. Undated lighting specifications for XPCNY LED LED Canopy/Ceiling Luminaire,
by Lithonia Lighting, dated received October 18, 2024;
k. Undated lighting specifications for LBR6NCH light fixture, by Lithonia Lighting,
dated received October 18, 2024;
1. Undated lighting specifications for WPX LED Wall Packs, by Lithonia Lighting,
dated received November 4, 2024;and
m. Undated specifications for light post Anchor Base Poles SSA, by Lithonia Lighting,
dated received November 4, 2024.
In the event of any conflict between such documents and the terms of this ordinance or
other applicable city ordinances, the terms of this ordinance or other applicable city
ordinances shall supersede and control.
2. A departure is hereby granted to allow the construction of the convenience store
building part of the motor vehicle service station with a minimum building street yard
setback of six (6) feet from the west property line.
3. A departure is hereby granted to allow the construction of the convenience store
building part of the motor vehicle service station with a minimum building transition
yard setback of twenty-two (22) feet from the east property line.
4. A departure is hereby granted to allow the construction of the vehicle use area part of
the motor vehicle service station with a minimum street yard setback of five (5) feet
from the west property line and a minimum of seven (7) feet from the south property
line.
5. A departure is hereby granted to allow the construction of the proposed motor vehicle
service station with a minimum five-foot transition landscape yard along the east
property line.
6. A departure is hereby granted to allow the construction of a motor vehicle service
station with no proposed vehicle use area interior landscape yard.
7. A departure is hereby granted to allow the construction of a motor vehicle service
station with a 2,700-square-foot convenience food store building on the Subject
Property provided a minimum of ten (10) parking spaces are located on the Subject
Property.
8. Compliance with all applicable codes and ordinances.
3
Section 4. That this ordinance shall be in full force and effect upon its passage in the
manner provided by law.
Aga'r/741David J. Kap n, M or
Presented: December 18, 2024
Passed: December 18, 2024 s..-
Omnibus Vote: Yeas: 9 Nays: 0 /'.,. - '
Recorded: December 18, 2024 yy a ;
1.
Published: December 18, 2024 , `Ya� �'�, `tom_
Att st' bi.ab(
NA -: ,: fie�
imberly Dewis, it Clerk
4
EXHIBIT A
November 4, 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 Petition 27-24, an application by
Ahmed Minhaj, as applicant, and Shirin K. Marvi, as property owner, requesting approval of a
planned development as a conditional use with departures from the Elgin Municipal Code
requirements for the building street yard setback, transition yard setback, vehicle use area street
yard setback, transition landscape yard, number of parking spaces, and any other departures as
may be necessary or desirable, to demolish the existing structures on the property and construct a
new motor vehicle service station with an approximately 2,700-square-foot convenience food store
operated on a twenty-four(24)hour basis at the property commonly referred to as 1005 N. Liberty
Street.
GENERAL INFORMATION
Petition Number: 27-24
Property Location: 1005 N. Liberty Street
Requested Action: Planned development as a conditional use
Current Zoning: AB Area Business District and ARC Arterial Road Corridor
Overlay District
Proposed Zoning: No change. AB Area Business District and ARC Arterial Road
Corridor Overlay District
Existing Use: Vacant(former motor vehicle service station with a car wash)
Proposed Use: Motor vehicle service station with a convenience food store,
operated on a 24-hour basis
Recommendation & Findings of Fact
Petition 27-24
November 4,2024
Applicant: Ahmed Minhaj
Owner Shirin K. Marvi
Staff Coordinator: Damir Latinovic, AICP, Senior Planner
Exhibits Attached: A. Aerial
B. Zoning Map
C. Parcel Map
D. Site Location
E. Development Application and Attachments
F. Draft Ordinance
BACKGROUND
Ahmed Minhaj, as applicant, and Shirin K. Marvi, as property owner, are requesting approval of
a planned development as a conditional use with departures from the Elgin Municipal Code
requirements for the building street yard setback, transition yard setback, vehicle use area street
yard setback, transition landscape yard, number of parking spaces, and any other departures as
may be necessary or desirable,to demolish the existing structures on the property and construct a
new motor vehicle service station with an approximately 2,700-square-foot convenience food store
operated on a twenty-four(24)hour basis at the property commonly referred to as 1005 N. Liberty
Street.
The 18,146-square-foot property is located at the northeast corner of N. Liberty Street (IL Route
25)and Cooper Avenue.The property is zoned AB Area Business District and ARC Arterial Road
Corridor Overlay District. The property was formerly a motor vehicle service station(gas station)
and is improved with an approximately 3,000-square foot one-story building that included the
convenience store and a one-car automatic car wash bay.The property also includes a canopy that
covered six fuel pump islands.While Cooper Avenue is a two-way neighborhood Street,N.Liberty
Street is a one-way northbound street with three travel lanes and no on-street parking provisions.
The property was most recently occupied by a Citgo gas station,but has been vacant since at least
2016.
The properties to the south,west, and north are zoned AB Area Business District. The properties
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Recommendation &Findings of Fact
Petition 27-24
November 4,2024
to the south across Cooper Avenue,include a one-story liquor store and a single-family home.The
property to the west across N.Liberty Street is improved with a Wendy's quick service restaurant.
The properties adjacent to the north include two single-family homes. And the properties adjacent
to the east are zoned RC2 Residence Conservation District and are improved with single-family
homes.
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Figure 1.Site area map with zoning overlay
Proposal
The applicant is proposing to demolish the existing building and canopy on the property and
construct a new gas station with a convenience store.
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Recommendation& Findings of Fact
Petition 27-24
November 4, 2024
, --------_—— ----- The proposed gas station would
••. se i I include an approximately 2,764-
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j:.. square-foot convenience store
`"a""`TMg .'„ A K `a! '"R"°` building that would be located on the
a; v /1� north side of the property. A detached
`0' v "; canopy would be located south of the
• ' .. • AM convenience store building and cover
L, ': E.z,z •s, {0, 1':.0. ;APR four double-sided fuel islands with
a i ti[ eight(8)fueling stations.There would
4
�; ,� `"" ix ,. ti , w be no separate diesel fueling stations
e. 1 for trucks. The proposed development
0
E--, •: � IQs includes ten parking spaces.
v, 0
Y The proposed convenience store
70 R „� r,..4.1 ; ; 0 1 p po
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"•'`',Y§ ` '"+�`r would be open 24 hours a day,1'iz , seven
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W ,:q. ' 4. ,,;- e, days per week. The applicant is
CO .;, v it'. ::"It'?..: 51 proposing to sell typical household
~' ~P: : ', items and prepacked food and drinks,
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'..o v -; .; _ Q�.`•r: and tobacco products. But the
': o� _ -.• applicant is not proposing to sell any
m•, "' �eSfE=- 11 `: 4 alcohol products. The building
«;. r Y x i r ,.;`:,v features a modern exterior with
v .-. .�._ ICY '"'°� `9[ "r6�<!;ti _ 1=::s,0 primarily brick and fiber cement
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_ w.,,�['' c siding. The canopy support columns
• ) ! '= ' `e_ s i ___ are also wrapped with the same type of
i Ali- o , i*t brick to match the building. A
Qi:-:..lit,.;..:'7::-.i:;?";;;.:.;.!:...-;, :..41:, ;-_t:; .. . .`'i:.•? - monument sign is proposed in the
COOPER A.VF,?1't/E southwest corner of the property that
would also feature the same brick
Figure 2.Proposed landscape plan base.
The proposed site improvements include the restoration of all existing curb cuts and installation
of two new full access driveways, one on N. Liberty Street and the second on Cooper Avenue.
The driveway curb cuts are situated as far away from the intersection of N. Liberty Street and
Cooper Avenue as possible. The existing 1-3-foot-high retaining wall that is located along the
north and east property lines would be maintained, and the applicant is proposing to construct a
new six-foot-high, solid, white, PVC fence on top of the retaining wall along both the north and
the east lot lines to maximize the screening from the adjacent residences. Along the north property
line,the fence will end in line with the west wall of the building,while along the east property line
the six-foot-high fence will end 25 feet north of the south property line. From that point a three-
foot high solid fence will extend to the south property line. The three-foot high fence is the
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Recommendation&Findings of Fact
Petition 27-24
November 4,2024
maximum permitted within the required building street yard setback to prevent any view
obstructions for vehicles exiting the private
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Figure 3. Renderings of the proposed building and the floor plan(right) ,it k',, 1 I a . • t
its',, 1 1 -'—
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driveway on the property adjacent to the east. The applicant
will also install extensive new landscaping throughout the site. _
This includes three new shade trees along N. Liberty Street _ r
and Cooper Avenue and 21 new evergreen trees along the —
proposed fence along the east property line. l -____� — 1
The proposed gas station is required to have one parking space per 250 square feet of floor area.
With a 2,764-square foot convenience store building,the proposed development is required to have
11 parking spaces. With 10 parking spaces proposed,the proposed development does not meet the
minimum parking requirement. Of the ten parking spaces proposed, two would be made Electric
Vehicle(EV)capable for future installation of EV chargers.
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Recommendation & Findings of Fact
Petition 27-24
November 4,2024
In addition to parking, the proposed development requires several departures from the standard
requirement of the zoning ordinance.The requested departures are summarized in the table below
and are further described in Planned Development Departures and Exceptions section of the staff
report further below.
Table 1. Detail of Departures for 1005 N. Liberty Street
Requirement Proposal
Building Street Yard 25 ft. 6.8 ft. from west street property line
Setback
Building-23 ft. from east transition
Building Transition 50 property line
Yard Setback Vehicle Use Area—5 ft. from east
transition property line
Vehicle Use Area 8 ft 5 ft. from west street property line,
Street Yard Setback 7 ft. from south street property line
Transition Landscape 25 ft. 5 ft. along east transition property line
Yard
Vehicle Use Area 633 sq. ft. 0 sq. ft.
Interior Landscape (5%of vehicle use area) (0%of vehicle use area)
Yard
#of Parking Spaces 11 10
The Community Development Department offers the following additional information:
A. Property History. The subject property was zoned G Industrial District with the first
Zoning Ordinance in 1927. By 1950,the property was rezoned to E Commercial District.
In 1962 the property was rezoned to B3 Service Business District. In 1992, the property
was rezoned to AB Business District as part of the comprehensive amendment to the zoning
ordinance. In 2001,the property became part of the ARC Arterial Road Corridor Overlay
District.
The existing approximately 3,000-square foot building was constructed in 1957. The
building includes a one-car automatic car wash bay and a commercial tenant space. The
property was used as a motor vehicle service station with a car wash since its construction.
In 1994, the City approved Ordinance No. G65-94 which authorized the construction of
the existing canopy for the former gas station. The property has been vacant since at least
2016.
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Recommendation & Findings of Fact
Petition 27-24
November 4, 2024
B. Surrounding Land Use and Zoning. The properties to the south, west, and north are
zoned AB Area Business District. The properties to the south across Cooper Avenue,
include a one-story liquor store and a single-family home.The property to the west across
N. Liberty Street is improved with a Wendy's quick service restaurant. The properties
adjacent to the north include two single-family homes. And the properties adjacent to the
east are zoned RC2 Residence Conservation District and are improved with single-family
homes.
C. Comprehensive Plan.The subject property is designated as Corridor Commercial by the
City's 2018 Comprehensive Plan. Located along the City's heavily traveled corridors and
intersection,Corridor Commercial areas provide retail services to both local and regional
consumer bases. These areas contain a mix of retail from large community centers with
multiple tenants to smaller stand-along businesses.Corridor Commercial areas are the most
widely accommodating and ranging commercial areas within the city. Corridor
Commercial areas are auto-oriented by nature but should also be enhanced to be pedestrian-
friendly.
D. Zoning District.The purpose of the AB Area Business District is to provide commodities
and services to several neighborhoods, and in some instances to a communitywide or
regional supporting population.AB zoning districts are limited by the applicable site design
regulations to an intermediate scale of development relative to NB Neighborhood Business
Districts and the CC 1 Center City District.
E. Trend of Development. The subject property is located along N. Liberty Street north of
Chester Avenue in the northeast portion of the City. Properties along this stretch of N.
Liberty Street north of Chester Avenue have historically been developed with commercial,
auto-oriented uses, similar to the developments along Dundee Avenue. There has been no
new development in recent years in the immediate area. Since both N. Liberty Street and
Dundee Avenue are designated as arterial roadways and since they carry a substantial
amount of vehicular traffic, the Comprehensive Plan designates the properties along N.
Liberty Street for corridor commercial uses in the future. Staff anticipates commercially-
zoned properties in the area will continue to be used and potentially redeveloped with auto-
oriented commercial uses, such as quick service restaurants, and other retails service uses.
FINDINGS
After due notice as required by law, the Planning and Zoning Commission conducted a public
hearing in consideration of Petition 27-24 on November 4, 2024. Testimony was presented at the
public hearing in support of the application.The Community Development Department submitted
a Development Application Review and Written Findings and Recommendation to the Planning
and Zoning Commission dated November 4,2024.
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Recommendation&Findings of Fact
Petition 27-24
November 4,2024
The Community Development Department and the Planning and Zoning Commission have made
the following findings regarding this application against the standards for planned developments
outlined in § 19.60.040,and standards for conditional uses outlined within § 19.65.030:
STANDARDS FOR PLANNED DEVELOPMENTS
A. Site Characteristics Standard. The suitability of the subject property for the planned
development with respect to its size, shape, significant natural features including
topography, watercourses and vegetation and existing improvements.
Findings. The subject property is suitable for the intended planned development with
respect to its size, shape, significant features including topography, watercourses,
vegetation, and existing improvements. The approximately one half-acre property is
improved with a vacant approximately 3,000-square-foot building previously home to a
one-bay car wash and a gas station convenience store,and a detached canopy that covered
fuel station pumps. The remainder of the site is entirely paved. The applicant is proposing
to demolish the existing structures and construct a new gas station with the convenience
store along the north property line. The proposal will result in less impervious area,
improved landscaping, particularly along the perimeter of the site, and improved access
with only two full access driveways. No existing site features including topography,
watercourses, vegetation, and property improvements exist that would have a negative
impact on the proposed building and site improvements.
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.The applicant is proposing to remove existing utility connections and install new
water and sanitary sewer service lines connecting to the existing water and sanitary sewer
utilities in Cooper Avenue.The applicant would also install new underground storm sewer
utilities connecting to the existing underground storm sewer utilities in Cooper Avenue.
All existing water and sewer facilities can adequately serve the proposed development.
C. Traffic and Parking Standard. The suitability of the subject property for the planned
development with respect to the provision of safe and efficient on-site and off-site vehicular
circulation designed to minimize traffic congestion.
1. Nonresidential land uses should be located central and accessible to the area or
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
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Recommendation & Findings of Fact
Petition 27-24
November 4,2024
limited to those which are necessary for the reasonable use of the property and
consistent with current traffic engineering standards. Property with two (2) street
frontages should not be permitted access to or from the street with the higher degree of
continuity within the overall street system or with the higher traffic volume. With the
exception of residential driveways, locations for vehicular access to or from a public
right of way should be aligned directly opposite existing or approved locations across
the street.
Findings. The subject property is suitable for the intended planned development with
respect to the provision of safe and efficient on-site and off-site vehicular circulation
designed to minimize traffic congestion. The property currently has two very wide access
driveways to N. Liberty Street, and one very large full access driveway to Cooper Avenue.
Essentially the entire property frontage along Cooper Avenue is a depressed curb providing
unobstructed access to Copper Avenue. While Cooper Avenue is a two-way neighborhood
Street,N. Liberty Street is a one-way northbound street with three travel lanes and no on-
street parking provisions.The applicant is proposing one full access driveway to N.Liberty
Street, and one full access driveway to Cooper Avenue. All other curb cuts would be
restored.The proposed gas station would have four double-sided fuel islands with adequate
space for vehicle circulation around the site. The proposed property improvements will
improve on-site traffic circulation, and will improve the access to and from the site. As a
result, the proposed development will have a positive impact on the existing traffic
circulation in the immediate area.
The proposed gas station is required to have one parking space per 250 square feet of
convenience food store floor area. With a 2,764-square-foot convenience store building,
the proposed development is required to have 11 parking spaces. With 10 parking spaces
proposed,the proposed development does not meet the minimum parking requirement.
The requested departure from the parking requirement is due to the limited size of the
property. The applicant is making substantial improvements to the former gas station to
make the new gas station more successful. The new site layout leaves enough room for
only ten parking spaces while 11 are required. The ten proposed parking spaces can
adequately serve the proposed gas station as most customers visiting the convenience store
are those who use the fuel pumps, and therefore use one of eight fueling spots for parking.
The proposed development will not have any negative effect on the surrounding area.•
D. Zoning History Standard. The suitability of the subject property for the planned
development with respect to the length of time the property has remained undeveloped or
unused in its current zoning district.
Findings. The property is suitable for the intended planned development with respect to
the length of time the property has remained undeveloped or unused in its current zoning
district. The subject property was zoned G Industrial District with the first Zoning
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Recommendation& Findings of Fact
Petition 27-24
November 4, 2024
Ordinance in 1927. By 1950, the property was rezoned to E Commercial District. In 1962
the property was rezoned to B3 Service Business District. In 1992, the property was
rezoned to AB Business District as part of the comprehensive amendment to the zoning
ordinance. In 2001,the property became part of the ARC Arterial Road Corridor Overlay
District.
The existing approximately 3,000-square foot building was constructed in 1957. The
building includes a one-car automatic car wash bay and a commercial tenant space. The
property was used as a motor vehicle service station with a car wash since its construction.
In 1994, the City approved Ordinance No. G65-94 which authorized the construction of
the existing canopy for the former gas station. The property has been vacant since at least
2016.
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 properties to the
south, west, and north are zoned AB Area Business District. The properties to the south
across Cooper Avenue, include a one-story liquor store and a single-family home. The
property to the west across N. Liberty Street is improved with a Wendy's quick service
restaurant. The properties adjacent to the north include two single-family homes. And the
properties adjacent to the east are zoned RC2 Residence Conservation District and are
improved with single-family homes.
F. Trend of Development Standard. The suitability of the subject property for the planned
development with respect to consistency with an existing pattern of development or an
identifiable trend of development in the area.
Findings.The subject property is suited for the intended planned development with respect
to consistency with an existing pattern of development or an identifiable trend of
development in the area. The subject property is located along N. Liberty Street north of
Chester Avenue in the northeast portion of the City. Properties along this stretch of N.
Liberty Street north of Chester Avenue have historically been developed with commercial,
auto-oriented uses, similar to the developments along Dundee Avenue.There has been no
new development in recent years in the immediate area. Since both N. Liberty Street and
Dundee Avenue are designated as arterial roadways and since they carry a substantial
amount of vehicular traffic, the Comprehensive Plan designates the properties along N.
Liberty Street for corridor commercial uses in the future. Staff anticipates commercially
zoned properties in the area will continue to be used and potentially redeveloped with auto-
oriented commercial uses, such as quick service restaurants, and other retails service uses.
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Recommendation & Findings of Fact
Petition 27-24
November 4,2024
G. Planned Development District Standard: The suitability of the subject property for the
intended planned development district with respect to conformance to the provisions for
the purpose and intent, and the location and size of a zoning district.
Findings. This standard is not applicable. The applicant is not seeking approval of a
planned development district as a map amendment.
H. Comprehensive Plan Standard. The suitability of the subject property for the planned
development with respect to conformance to the goals, objectives, and policies of the
Official Comprehensive Plan
Findings. The subject property is suitable for the intended planned development with
respect to conformance to the goals,objectives,and policies of the Official Comprehensive
Plan. The subject property is designated as Corridor Commercial by the City's 2018
Comprehensive Plan. Located along the City's heavily traveled corridors and intersection,
Corridor Commercial areas provide retail services to both local and regional consumer
bases. These areas contain a mix of retail from large community centers with multiple
tenants to smaller stand-along businesses. Corridor Commercial areas are the most widely
accommodating and ranging commercial areas within the city.Corridor Commercial areas
are auto-oriented by nature but should also be enhanced to be pedestrian-friendly.
Conditional Use for a Planned Development: Where applicable, the suitability of the
subject property for the intended conditional use for a planned development with respect
to the provision for the purpose and intent of planned developments and with respect to the
provisions of section 19.65.010 of the zoning ordinance. No conditional use for a planned
development should be granted for the sole purpose of introducing a land use not otherwise
permitted on the subject property.
Findings. The subject property is suitable for the intended conditional use for a planned
development with respect to the provision for the purpose and intent of planned
developments and with respect to the provisions of section 19.65.010 of the zoning
ordinance.The applicant is proposing a planned development as a conditional use to allow
for several departures from the requirements of the zoning ordinance. The on half-acre
property is less than two acres, which is necessary to establish a Planned Development
District. The proposed conditional use for a planned development would allow the
redevelopment of the property into a new,modern gas station with a convenience store that
would replace a vacant, blighted building. The proposed development will result in better
site layout, improved access to the site,and enhanced screening for the adjacent properties
with a six-foot-high solid fence and landscaping. The proposal would enhance the
appearance of the property with a positive effect on the surrounding properties.
.1. Natural Preservation Standard. The suitability of the subject property for the intended
planned development with respect to the preservation of all significant natural features
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Recommendation & Findings of Fact
Petition 27-24
November 4,2024
including topography, watercourses, wetlands, and vegetation.
Findings. The subject property is suitable for the intended planned development with
respect to the preservation of all significant natural features including topography,
watercourses,wetlands,and vegetation.The subject property is fully improved and entirely
impervious The applicant's proposal will result in less impervious area on the property
with new landscaping, particularly along the north and east property lines to enhance the
screening for adjacent properties. The applicant would install three new shade trees along
N. Liberty Street and Cooper Avenue, and 21 new evergreen trees along the east property
line.
K. Internal Land Use. The suitability of the subject property for the intended planned
development with respect to the land uses permitted within the development being located,
designed, and operated so as to exercise no undue detrimental influence on each other or
on surrounding property.
Findings. The subject property is suitable for the intended planned development with
respect to the land uses permitted within the development being located, designed, and
operated so as to exercise no undue detrimental influence on each other or on surrounding
properties. The existing property has been improved and occupied with a gas station since
its construction in 1957. The building also included a one-bay car wash. However, the
property has been vacant since at least 2016 and the existing building has deteriorated and
has a negative effect on the surrounding properties.
The applicant is proposing to demolish the existing structures and construct a new gas
station with an improved layout. The new modern convenience store building would be
located on the north side of the site allowing for better on-site circulation. The proposed
development would also enhance the screening for adjacent residences along the north and
east property lines. Overall, the proposed improvements will have a positive effect on the
surrounding properties.
PLANNED DEVELOPMENT DEPARTURES AND EXCEPTIONS
The applicant is requesting the following departures from the requirements of the zoning
ordinance:
1. Sections 19.35.435,"Site Design".The minimum required building street yard setback on
the subject property is 25 feet. The applicant is proposing a 6.8-foot building street yard
setback from the west property line along N. Liberty Street.
2. Sections 19.35.435, "Site Design". The required transition yard building setback on the
subject property is 50 feet from the east property line. The applicant is proposing a 22.9-
foot building transition yard setback from the east property line.
- 12 -
Recommendation& Findings of Fact
Petition 27-24
November 4,2024
3. Sections 19.35.435, "Site Design". The minimum required vehicle use area street yard
setback is eight feet. The applicant is proposing to construct the vehicle use area with a
five-foot setback from the west property line and a seven-foot setback from the south
property line.
4. Sections 19.35.435,"Site Design".The minimum required transition landscape yard along
the east property line is 25 feet. The applicant is proposing a five-foot-wide transition
landscape yard along the east property line.
5. Sections 19.12.700, "Site Design". The minimum required vehicle use area interior
landscape yard is 633 square feet, or five percent of the vehicle use area. The applicant is
not proposing any vehicle use area interior landscape yard.
6. Section 19.45.080,"Table of Required Parking".The proposed gas station with a 2,700-
square foot convenience store building is required to provide eleven parking spaces. The
applicant is proposing a parking lot with ten parking spaces.
Staff finds the proposed departures are appropriate and necessary for a desirable redevelopment of
a long vacant and blighted property.
The applicant is proposing to demolish all existing structures,remove existing underground tanks,
and construct a new gas station with a 2,700-square-foot convenience store.The convenience store
building is situated on the northern portion of the site, while the canopy with fuel gas islands is
located south of the building. The proposed layout allows for better site circulation, improved
screening for adjacent neighbors and will hopefully result in a more successful long-term
development.
The site design departures for the location of the building and vehicle use area are a direct result
of site constrains of a small property. The applicant is proposing to install a new 6-foot-high
privacy fence along the north and east property lines adjacent to single-family homes and extensive
evergreen trees along the east fence. The building-mounted light fixtures and the parking lot light
fixtures would include shields to prevent any light spill-over onto the adjacent properties. The
applicant would also install new shade trees along N. Liberty Street and Cooper Avenue and new
shrubs along the perimeter of the site to enhance the appearance of the property.
The requested departure from the minimum number of parking spaces required is also a direct
result of the small property. The ten proposed parking spaces can adequately serve the proposed
use. Most customers use the fuel pump stations, and as such will not need to use the proposed
parking spaces.
The proposed development represents a desirable redevelopment of a long-vacant and blighted
property that will have a positive impact on the surrounding properties and the immediate area in
- 13 -
Recommendation & Findings of Fact
Petition 27-24
November 4,2024
general.
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 approximately one half-acre property is improved with a
vacant approximately 3,000-square-foot building previously home to a one-bay car wash
and a gas station convenience store,and a detached canopy that covered fuel station pumps.
The remainder of the site is entirely paved. The applicant is proposing to demolish the
existing structures and construct a new gas station with the convenience store along the
north property line.The proposal will result in less impervious area,improved landscaping,
particularly along the perimeter of the site, and improved access with only two full access
driveways. No existing site features including topography, watercourses, vegetation, and
property improvements exist that would have a negative impact on the proposed building
and site improvements.
B. Sewer and Water Standard. The suitability of the subject property for the intended
conditional use with respect to the availability of adequate water, sanitary treatment, and
storm water control facilities.
Findings. The subject property is suitable for the intended conditional use with respect to
the availability of adequate water, sanitary treatment, and storm water control facilities.
The applicant is proposing to remove existing utility connections and install new water and
sanitary sewer service lines connecting to the existing water and sanitary sewer utilities in
Cooper Avenue. The applicant would also install new underground storm sewer utilities
connecting to the existing underground storm sewers in Cooper Avenue.All existing water
and sewer 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 property currently has two very wide access driveways to
N. Liberty Street, and one very large full access driveway to Cooper Avenue. Essentially
the entire property frontage along Cooper Avenue is a depressed curb providing
- 14-
Recommendation & Findings of Fact
Petition 27-24
November 4,2024
unobstructed access to Copper Avenue. While Cooper Avenue is a two-way neighborhood
Street,N. Liberty Street is a one-way northbound street with three travel lanes and no on-
street parking provisions.The applicant is proposing one full access driveway to N.Liberty
Street, and one full access driveway to Cooper Avenue. All other curb cuts would be
restored.The proposed gas station would have four double-sided fuel islands with adequate
space for vehicle circulation around the site. The proposed property improvements will
improve on-site traffic circulation, and will improve the access to and from the site. As a
result, the proposed development will have a positive impact on the existing traffic
circulation in the immediate area.
The proposed gas station is required to have one parking space per 250 square feet of
convenience food store floor area. With a 2,764-square-foot convenience store building,
the proposed development is required to have 11 parking spaces. With 10 parking spaces
proposed,the proposed development does not meet the minimum parking requirement.
The requested departure from the parking requirement is due to the limited size of the
property. The applicant is making substantial improvements to the former gas station to
make the new gas station more successful. The new site layout leaves enough room for
only ten parking spaces while 11 are required. The ten proposed parking spaces can
adequately serve the proposed gas station as most customers visiting the convenience store
are those who use the fuel pumps, and therefore use one of eight fueling spots for parking.
The proposed development will not have any negative effect on the surrounding area.
D. Location, Design, and Operation Standard. The suitability of the subject property for
the intended conditional use with respect to it being located, designed, and operated so as
to promote the purpose and intent of this title and chapter.
Findings.The subject property is suitable for the intended conditional use with respect to
it being located, designed, and operated so as to promote the purpose and intent of the
zoning ordinance.
The applicant is proposing to construct a new gas station with a convenience store that
would replace a vacant, blighted property. The proposed gas station would have an
improved layout with the convenience store located along the north property line and fuel
pump islands located south of the building. The proposed building would feature modern
exterior, and the proposed site improvements would result in more efficient on-site
circulation.The applicant would also install a new six-foot-high solid fence along the north
and east property lines and new landscaping throughout the site, all of which will have a
positive impact on the surrounding properties.
E. Historic Preservation Standard. Where applicable, the conditional use shall make
possible an efficient contemporary use of or a compatible improvement to a designated
landmark or property located in a designated historic district while preserving those
portions and features of the property which are significant to its historic, architectural,
- 15-
Recommendation& Findings of Fact
Petition 27-24
November 4, 2024
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.
RECOMMENDATION
The Community Development Department and the Planning and Zoning Commission recommend
approval of Petition 27-24, subject to the following conditions:
1. Substantial conformance to the Development Application submitted by Ahmed Minhaj,as
applicant, and Shirin K. Marvi, as property owner, received September 18, 2024, and
supporting documents including:
a. Undated Conditional Use Statement of Purpose and Conformity for 1005 N. Liberty
Street,received September 13,2024;
b. Undated Map Amendment for a Planned Development Statement of Purpose and
Conformity for 1005 N. Liberty Street,received September 13,2024;
c. Topographic Plat of Survey, prepared by Landmark Engineering LLC,dated April 24,
2017;
d. Architectural plan set for New Elgin Gas Station & Convenience Store, prepared by
M2Ke Design, LLC, dated March 1, 2024, last revised October 17, 2024, with such
further revisions as required by the Community Development Director;
e. Site Plan sheet C101,prepared by DVG Team Inc.,dated October 22,2024,last revised
October 31, 2024,with such further revisions as required by the City Engineer;
f. Landscape Plan, sheet L 1.0, prepared by Hubinger Landscaping Corp., dated October
17,2024, last revised October 22,2024, with such further revisions as required by the
Community Development Director;
g. Four-page site photometrics plans, prepared by Visual, dated October 30, 2024, with
such further revisions as required by the Community Development Director;
h. Undated lighting specifications for ARC2 LED Architectural Wall Luminaire, by
Lithonia Lighting,dated received October 18,2024;
i. Undated lighting specifications for D-series Size 0 LED Area Luminaire, by Lithonia
Lighting, dated received October 18,2024;
j. Undated lighting specifications for XPCNY LED LED Canopy/Ceiling Luminaire, by
Lithonia Lighting,dated received October 18,2024; and
k. Undated lighting specifications for LBR6NCH light fixture, by Lithonia Lighting,
dated received October 18,2024;
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.
- 16-
Recommendation& Findings of Fact
Petition 27-24
November 4, 2024
2. A departure is hereby granted to allow the construction of the convenience store building
part of the motor vehicle service station with a minimum building street yard setback of
six(6)feet from the west property line.
3. A departure is hereby granted to allow the construction of the convenience store building
part of the motor vehicle service station with a minimum building transition yard setback
of twenty-two(22) feet from the east property line.
4. A departure is hereby granted to allow the construction of the vehicle use area part of the
motor vehicle service station with a minimum street yard setback of five(5) feet from the
west property line and a minimum of seven(7)feet from the south property line.
5. A departure is hereby granted to allow the construction of the proposed motor vehicle
service station with a minimum five-foot transition landscape yard along the east property
line.
6. A departure is hereby granted to allow the construction of a motor vehicle service station
with no proposed vehicle use area interior landscape yard.
7. A departure is hereby granted to allow the construction of a motor vehicle service station
with a 2,700-square-foot convenience food store building on the Subject Property provided
a minimum of ten(10)parking spaces are located on the Subject Property.
8. Compliance with all applicable codes and ordinances.
The vote of the Planning and Zoning Commission on the motion to recommend approval, subject
to the conditions outlined by the Community Development Department,was five(5)yes, zero(0)
no,and zero(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
- 17-
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EXHIBIT Aerial/Location Map
0 20 40 80 120 160
Map prepared by City of Elgin Feet
Department of Community Development
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Subject Property
Petition 27-24 Congdon Ave
RC2
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Legend
ZONING
ORC1-Residence Conservation 1
QRC2-Residence Conservation 2
RC3-Residence Conservation 3 RC2
QPRC-Planned Residence Conservation ��
I=ISFR1-Single Family Residence 1 Cooper Ave
SFR2-Single Family Residence 2
OPSFR1-Planned Single Family Residence 1
PSFR2-Planned Single Family Residence 2
TFR-Two Family Residence
PTFR-Planned Two Family Residence
QMFR-Multiple Family Residence
QPMFR-Planned Multiple Family Residence
ORB-Residence Business
QPRB-Planned Residence Business
IMNB-Neighborhood Business 11111
QPNB-Planned Neighborhood Business
-AB-Area Business
PAB-Planned Area Business Page AYe
-CC1-Center City 1
CC2-Center City 2
PCC-Planned Center City
PCC2-Planned Center City 2
ORI-Office Research Industrial
111.1
PORI-Planned Office Research Industrial
-GI-General Industrial
11.1
PGI-Planned General Industrial
-CI-Commercial Industrial
CF-Community Facility
PCF-Planned Community Facility ) NB
EXHIBIT B Zoning Map
W - r E
S
Map prepared by City of Elgin 0 40 80 160 240 320eet
Department of Community Development
Subject Property
1005 N. Liberty St.
Petition 27-24
0612237024
y 0612237012
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0612237013
Cooper Ave
EXHIBIT C Parcel Map A
City of Elgin 0 5 10 20 30 40
Department of Community Development Feet
EXHIBIT D
SITE LOCATION
1005 N. Liberty Street
Petition 27-24
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EXHIBIT D
SITE LOCATION
1005 N. Liberty Street
Petition 27-24
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The view of the property in 2024
EXHIBIT D
SITE LOCATION
1005 N. Liberty Street
Petition 27-24
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