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HomeMy WebLinkAboutG105-04 Ordinance No. G105-04 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT TO PERMIT THE CONSTRUCTION OF A GAS STATION AND CONVENIENCE STORE IN THE CI COMMERCIAL INDUSTRIAL DISTRICT AND THE ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT (585 North State Street) WHEREAS, written application has been made for a conditional use for a planned development which will allow for the construction of a Gas Station and Convenience Store in the CI Commercial Industrial District; and WHEREAS, the Zoning and Subdivision Hearing Board conducted a public hearing after due notice by publication and has submitted its findings of fact and recommended approval; and WHEREAS, the City Council of the City of Elgin concurs in the findings and recommendation of the Zoning and Subdivision Hearing Board. 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 October 20, 2004, made by the Zoning and Subdivision Hearing Board, 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 which will allow for the construction of a gas station and convenience store within the CI Commercial Industrial District and the ARC Arterial Road Corridor Overlay District at 585 North State Street and legally described as follows: That part of lot 2 lying southerly of a line drawn westerly from a point on the east line of said lot 190 feet north of the southeast corner of lot 5 in said John A. Logan's Addition to Elgin to a point on the west line of said lot 2 being 206.7 feet north of the southwest corner of said lot 5, and all of lots 3, 4, and 5 (except the west 6.5 feet thereof), all in John A. Logan's Addition to Elgin, in the City of Elgin, Kane County, Illinois (property commonly known as 585 North State Street). be and is hereby granted subject to the following conditions: 1. Substantial conformance to the Statement of Purpose and Conformance, submitted by Faruk Razi, dated September 23, 2004. 2. Substantial conformance to the Development Plan, consisting of the site plan, landscaping plan, floor plan, building elevations, waste enclosure — wood fence — State Street wall elevations, and sign — canopy elevation; prepared by Suber F. Zummerwala and Associates, dated November 2, 2004, revised. 3. All signs located at the site shall be in conformance with the Sign Ordinance, including but not limited to the proposed freestanding sign. The sign- canopy elevation shall be revised to provide for one free standing sign, no more than 80 square feet in surface area and no more than 10 feet in height. 4. The proposed new canopy shall be constructed and completed within six months of completion of the convenience store building 5. Compliance with all other applicable codes and ordinances. Section 3. That the conditional use granted herein shall expire if not established within two years from the date of passage of this ordinance. Section 4. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. d Schock, Mayor Presented: December 15, 2004 Passed: December 15, 2004 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: December 16, 2004 Published: Attest: Dolonna Mecum, City Clerk r - 2 - • October 20,2004 FINDINGS OF FACT Zoning and Subdivision Hearing Board City of Elgin,Illinois SUBJECT Consideration of Petition 77-04 Requesting Conditional Use Approval for a Planned Development to Permit the Redevelopment of an Existing Gas Station in the CI Commercial Industrial District and ARC Arterial Road Corridor District,Property Located at 585 North State Street by Mirza A.Baig, as Applicant and Mirza A. Baig and Faruk Razi, as Owners. GENERAL INFORMATION Requested Action: Conditional Use Approval Current Zoning: ARC Arterial Road Corridor Overlay District CI Commercial Industrial District Existing Use: Gas Station and Convenience Store Proposed Use: Gas Station and Convenience Store Property Location: 585 North State Street Applicant: Mirza A. Baig Owner: Mirza A. Baig and Faruk Razi Staff Coordinator: Diana McNeil,Planner LIST OF EXHIBITS A. Location Map (see attached) B. Zoning Map (see attached) C. Parcel Map (see attached) D. Aerial Map (see attached) E. Site Photos (see attached) Exhibit A Findings of Fact Zoning and Subdivision Hearing Board Petition 77-04 October 20, 2004 r F. Statement of Purpose and Conformance (see enclosed) G. Development Plan (see enclosed) H. Draft Conditional Use Ordinance (see enclosed) BACKGROUND An application has been filed by Mirza A. Baig requesting approval of a conditional use for a planned development in the CI Commercial Industrial District and the ARC Arterial Road Corridor District. The subject property is located at 585 North State Street(reference Exhibits A,B,C,D,and E). The applicant proposes to redevelop the subject property with a new gas station and convenience store. The west(front),north and south elevations of the new convenience store building would be of face brick. The east(rear) elevation would be of concrete block construction. A new three foot high brick wall would be constructed along North State Street, along with new curb cuts and new vehicle use area surfacing. Proposed new signage includes a monument style sign with brick base. A new canopy would be constructed of anodized aluminum panels,with brick support piers. New landscaping would be installed along the north and south property lines and adjoining the convenience store parking areas (reference Exhibits F, G, and H). FINDINGS After due notice,as required by law,the Zoning and Subdivision Hearing Board conducted a public hearing in consideration of Petition 77-04 on October 20,2004. The applicant testified at the public hearing and presented documentary evidence in support of the petition. Staff submitted a Conditional Use Review dated October 15, 2004. The Zoning and Subdivision Hearing Board has made the following findings with respect to Petition 77-04: A. Site Characteristics Standard. The suitability of the subject property for the intended zoning district with respect to its size, shape, significant natural features (including topography, watercourse and vegetation), and existing improvements. Findings. The subject property is suitable for the intended zoning district with respect to the site characteristics standard. 2 Findings of Fact Zoning and Subdivision Hearing Board Petition 77-04 October 20, 2004 The subject property is an 18,975 square foot irregularly shaped parcel. The property ranges in elevation from 753 feet near the rear of the existing convenience store building to 740 feet at the bottom of the slope behind the building, for a maximum relief of 13 feet. The property is currently developed with a 754 square foot convenience store building,a paved vehicle use area, gasoline pumps and a canopy over the pumps. B. Sewer and Water Standard. The suitability of the subject property for the intended zoning district with respect to the availability of adequate municipal water,wastewater treatment, and storm water control facilities. Findings. The subject property is suitable for the intended zoning district with respect to the sewer and water standard. The property will continue to be served by municipal water,wastewater treatment, and storm water control facilities. C. Traffic and Parking Standard. The suitability of the subject property for the intended zoning district 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 zoning district with respect to the traffic and parking standard. The subject property is located on the east side of North State Street(Illinois Route 31). State Street is an arterial street serving the near west side of Elgin and which serves as a regional arterial street connecting communities to the north and south. The site currently has access to State Street via two (2) existing curb cuts. Off street parking will be provided in conformance with the zoning ordinance. D. Zoning History Standard. The suitability of the subject property for the intended zoning district with respect to the length of time the property has remained undeveloped or unused in its current zoning district. Findings. The subject property is suitable for the intended zoning district with respect to the length of time the property has remained undeveloped or unused in its current zoning district. The subject property has been zoned as follows for the years listed: 1927: H Industrial District rjk 1950: G Industrial District 1960: G Industrial District 3 Findings of Fact Zoning and Subdivision Hearing Board Petition 77-04 October 20, 2004 1962: M-1 Limited Manufacturing District 1992: M-1 Limited Manufacturing District Present: CI Commercial Industrial District ARC Arterial Road Corridor Overlay District A gas station was established at the subject property in 1959. E. Surrounding Land Use and Zoning Standard. The suitability of the subject property for the intended zoning district with respect to consistency and compatibility with surrounding land use and zoning. Findings. The subject property is suitable for the intended zoning district with respect to consistency and compatibility with surrounding land use and zoning. The areas located to the north,south,and west of the subject property are zoned CI Commercial Industrial District and are developed with a mix of commercial and industrial uses and railroad right of way. The area located to the east of the subject property is zoned CI District and CF Community Facility District and is comprised of railroad right of way and the west bank of the Fox River. F. Trend of Development Standard. The suitability of the subject property for the intended zoning district with respect to consistency with an existing pattern of development or an identifiable trend of development in the area. Findings. The subject property is suitable for the intended zoning district with respect to consistency with an existing pattern of development or an identifiable trend within the area. The subject property is located in a commercial and industrial area which extends along the east and west sides of State Street. Zoning District Standard. The suitability of the subject property for the intended zoning district with respect to conformance to the provisions for the purpose and intent, and the location and size of a zoning district. The purpose of the CI Commercial Industrial District is to provide for an existing pattern of development in which certain commercial uses and industrial uses have located together. The land uses provided for within the CI District are also provided for within other zoning districts, which in general are more in keeping with the purpose and intent of Title 19 Zoning, and the goals, objectives and policies of the Official Comprehensive Plan rik 4 Findings of Fact Zoning and Subdivision Hearing Board rok Petition 77-04 October 20,2004 The purpose and intent of the ARC Arterial Road Corridor Overlay District is to promote and facilitate the implementation of the objectives, policies, and strategies of the Official Comprehensive Plan. The ARC District is a zoning overlay district, and accordingly, the property located within the district shall also be subject to the regulations of the underlying zoning district in which it is located. The ARC District shall be mapped over all zoning lots adjoining Randall Road and the arterial streets, as defined in Title 19. No additional ARC District shall be mapped unless such property fronts on an arterial street,or unless such property to be mapped adjoins an existing ARC District. There shall be no minimum or maximum of land which shall be necessary to constitute the ARC District. Findings. The subject property is suitable for the intended conditional use for a planned development with respect to conformance to the provisions for the purpose and intent,and the location and size of a zoning district. The proposed gas station with convenience store use is a permitted use in the CI Commercial Industrial District.Departures from the site design requirements of the CI District will be necessary for the subject property to be redeveloped as proposed. The proposed convenience store building is designed with high quality masonry materials, in conformance with the ARC District design policies G. Conditional Use for a Planned Development Standard.The suitability of the subject property for the intended conditional use for a planned development with respect to conformance to the provisions for the purpose and intent of planned developments. 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. The purpose and intent of the provisions for planned developments is to accommodate unique development situations. For planned developments as a conditional use, the planned development should demonstrate the following characteristics: 1. An opportunity to realize a development of demonstrated need with respect to the types of environment available to the public that would not be possible under the strict application of the other chapters of this title. 2. The public benefit realized by the establishment of the planned development is greater than if the property were to remain subject to the standard requirements of the zoning district in which it is located. 3. Extraordinary conditions or limitations governing site design,function,operation,and traffic are imposed on the planned development. 5 Findings of Fact Zoning and Subdivision Hearing Board Petition 77-04 October 20, 2004 Findings: The subject property is suitable for the intended conditional use for a planned development with respect to conformance to the purpose and intent of a conditional use for a planned development. The subject property is located in a well established commercial and industrial area. The new convenience store building will be constructed of quality building materials Additional landscaping will be planted adjacent to the vehicle use area, and a refuse collection area will be constructed to screen the dumpsters from view.These improvements will increase the aesthetic appeal of the property, and will meet the intent of the ARC District. H. Comprehensive Plan Standard. The suitability of the subject property for the intended zoning district with respect to conformance to the goals, objectives, and policies of the official comprehensive plan. Findings. The subject property is suitable for the intended zoning district with respect to the Comprehensive Plan Standard. The subject property is designated as"Transportation Corridor,"by the 1983 Comprehensive Plan. The proposed planned development is in conformance with this designation. I. 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 Natural Preservation Standard. There are no significant natural features located on this property. J. Internal Land Use Standard. 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 internal land use standard. The subject property is located within a mature commercial and industrial area.No evidence has been submitted or found that the proposed planned development will be located, designed,or operated in a manner that will exercise undue detrimental influence on itself or surrounding property. 6 • Findings of Fact Zoning and Subdivision Hearing Board Petition 77-04 October 20, 2004 PLANNED DEVELOPMENT DEPARTURES AND EXCEPTIONS A planned development may be granted certain departures from the normal standards,regulations, requirements, and procedures of the Elgin Zoning Ordinance. The applicant is requesting the following departures from the standard requirements of the CI Commercial Industrial District: A. Section 19.40.535(B)—Lot Area: In the CI District, the minimum required zoning lot area is 20,000 square feet. The existing zoning lot consists of 18,975 square feet of lot area. Accordingly,a 1,025 square foot(five percent)departure from the required minimum lot area is required. B. Section 19.40.535(E)(2)(a) — Vehicle Use Area Street Setback: In the CI District, the minimum required vehicle use area setback from a street lot line is eight feet. The petitioner proposes to set the vehicle use area back zero(0)feet from the street lot line. Accordingly,the petitioner is seeking an eight(8)foot(38 percent)departure from the minimum required vehicle use area street setback. C. Section 19.40.535(H)(2) — Vehicle Use Area Landscape Yards: The yards established by vehicle use area setbacks shall be used as landscape yards. A brick wall,three feet in height is proposed to be located adjoining the State Street right of way in lieu of vegetation. SUMMARY OF FINDINGS, UNRESOLVED ISSUES,AND ALTERNATIVES The Zoning and Subdivision Hearing Board has developed or identified the following findings, unresolved issues, and alternatives: A. Summary of Findings. 1. Positive Attributes. The purpose and intent of the ARC overlay district is to ensure quality development along the city's entryway corridors. The proposed redevelopment will enhance the image of a highly traveled gateway into the city. 2. Conditional Use for a Planned Development. The subject property is located in a well established commercial industrial area. The proposed improvements will increase the aesthetic appeal of the property, and will meet the intent of the ARC District. B. Summary of Unresolved Issues. ` There are no unresolved issues. 7 Findings of Fact Zoning and Subdivision Hearing Board Petition 77-04 October 20,2004 C. Summary of Alternatives. Other than an approval,a denial,or an approval with some combination of conditions,there are no substantive alternatives. RECOMMENDATION The Zoning and Subdivision Hearing Board hereby recommends the approval of Petition 77-04.On a motion to recommend approval of the conditional use,subject to the following conditions,the vote was five(5)yes, zero (0)no, and one(1)present: 1. Substantial conformance to the Statement of Purpose and Conformance, submitted by Faruk Razi, dated September 23, 2004. 2. Substantial conformance to the Development Plan,consisting of the site plan,landscaping plan, floor plan,building elevations,waste enclosure—wood fence—State Street wall elevations,and sign—canopy elevation;prepared by Suber F.Zummerwala and Associates,dated September 22, 2004. 3. Revisions to the Development Plan,sign-canopy elevation,to provide for a freestanding sign no more than 10 feet in height, nor more than 80 square feet in surface area. 4. The proposed new canopy shall be constructed and completed within six months of completion of the convenience store building 5. Compliance with all other applicable codes and ordinances. Therefore, the motion to recommend approval of Petition 77-04 was adopted. Respectfully submitted: Robert Langlois, Chairman Zoning and Subdivision Hearing Board r Jerry Deering, Secretary Zoning and Subdivision Hearing Board 8