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HomeMy WebLinkAboutG76-06 Ordinance No. G76-06 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT TO PERMIT THE ESTABLISHMENT OF A MOTOR VEHICLE SERVICE STATION AND A CONVENIENCE FOOD STORE IN THE NB NEIGHBORHOOD BUSINESS DISTRICT AND THE ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT (300 South State Street) WHEREAS, written application has been made requesting conditional use approval for a planned development to permit the establishment of a motor vehicle service station and a convenience food store in the Neighborhood Business District and the ARC Arterial Road Corridor Overlay District at 300 South State Street; 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 r Fact, dated September 6, 2006, 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 to permit the establishment of a motor vehicle service station and a convenience food store in the NB Neighborhood Business District and the ARC Arterial Road Corridor Overlay District at 300 South State Street and legally described as follows: Lot six (6) (except the Westerly thirty-four (34) feet thereof) assessor's division to Elgin of Part of Farm Lot five (5) and Lots six (6), seven (7) and eight (8) of the Northeast quarter of Section twenty-three (23) and part of the Southeast quarter of Section fourteen (14), Township forty- one (41) North, Range eight (8) East of the Third Principal Meridian, in Kane County, Illinois. Less and except that portion acquired by the Illinois Department of Transportation by virtue of a court order issued by the Kane County, Illinois Circuit Court for the 16th Judicial Circuit filed in court records on July 2, 1975 as part of condemnation action 75-ED- 4059. Also except that part of lot 6 of assessor's subdivision to Elgin of part of Farm Lot 5 and Lots 6, 7 and 8 of the Northeast quarter of Section 23 Township 41 North, Range 8, East of the Third Principal Meridian, Kane County, described as follows: Beginning at a point on the East line of said Lot 6 of the assessor's subdivision, 12.0 feet Southerly of the Northeast corner of said Lot 6 as measured along the said East line; thence Northerly along the said East line, 12.0 feet to the said Northeast corner; thence Westerly 13.0 feet along the North line of said Lot 6 which forms an angle of 91°-08'-30" to the left with a prolongation of the last described course; thence Southeasterly 17.52 feet along a line which forms an angle of 136°-46' to the left with a prolongation of the last described course to the point of beginning, in the City of Elgin, Kane County, Illinois (property commonly known as 300 South State Street). be and is hereby granted subject to the following conditions: 1. Substantial conformance to the Statement of Purpose and Conformance prepared and submitted by M Cube Petro Four Inc., undated. 2. Substantial conformance to the proposed Site Plan and Landscape Plan(Sheet No. Al) prepared by Nick Scarlatis &Associates, Ltd., and dated April 30, 2006. 3. Substantial conformance to the proposed Floor Plan and Interior Remodel (Sheet No. A2) and Ceiling Plan (Sheet No. A3) prepared by Nick Scarlatis & Associates, Ltd., and dated April 30, 2006. 4. Substantial conformance to the proposed Building Elevations (Sheet No. A4) prepared by Nick Scarlatis &Associates, Ltd., and dated April 30, 2006. 5. Elevations of all proposed exterior light fixtures, indicating the height and wattage of the proposed fixture shall be designed as approved by the Community Development Group. 6. Compliance with all other applicable codes and ordinances. Section 3. That the conditional use granted herein shall expire if not established within one year 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. Ed Schock, Mayor r Presented: October 25, 2006 Passed: October 25, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: October 26, 2006 Published: Attest: Dolonna Mecum, City Clerk r September 15, 2006 FINDINGS OF FACT Zoning and Subdivision Hearing Board City of Elgin,Illinois SUBJECT Consideration of Petition 53-06 Requesting Conditional Use Approval for a Planned Development in the NB Neighborhood Business District and the ARC Arterial Road Corridor Overlay District,to Permit the establishment of a Motor Vehicle Service Station and a Convenience Food Store; Property Located at 300 South State Street by M Cube Petro Four Inc., as Applicant, and Parkway Bank and Trust Company Trust No. 13604, as Owner. BACKGROUND Requested Action: Conditional Use Approval Current Zoning: NB Neighborhood Business District ARC Arterial Road Corridor Overlay District Existing Use: Vacant Proposed Use: Motor Vehicle Service Station and Convenience Food Store Property Location: 300 South State Street Applicant: M Cube Petro Four Inc. Owner: Parkway Bank and Trust Company Trust No. 13604 Staff Coordinator: Denise Momodu, Associate 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. Environmental Map EXHIBIT (see attached) F. Site Photos - (see attached) Findings of Fact Zoning and Subdivision Board Petition 53-06 September 15, 2006 G. Development Plan (see attached) H. Draft Conditional Use Ordinance (see attached) I. Standards for Conditional Uses (see attached) J. Correspondence (see attached) BACKGROUND An application has been filed by M Cube Petro Four Inc.,requesting a conditional use for a planned development in the NB Neighborhood Business District and the ARC Arterial Road Corridor Overlay District to permit the establishment of a motor vehicle service station and a convenience food store. The subject property is located at 300 South State Street(reference Exhibits A,B,C,D, E and F). The applicant is proposing to establish a motor vehicle service station and a 24 hour convenience food store. The convenience food store will occupy 2,091 square feet of floor area. The applicant is proposing to remodel the interior and exterior of the existing building. The exterior of the building will be improved with masonry materials,and the site will be entirely reconstructed and landscaped. �i A motor vehicle service station and convenience food store are classified as conditional uses in the NB District(reference Exhibits G, H, and I). GENERAL FINDINGS After due notice, as required by law, the Zoning and Subdivision Hearing Board held a public hearing in consideration of Petition 53-06 on September 6, 2006. The applicant testified at the public hearing. Objectors spoke at the public hearing. Written correspondence has been submitted (reference Exhibit J). The Community Development Group submitted a Conditional Use Review, dated August 30, 2006. The Zoning and Subdivision Hearing Board has made the following general findings. 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 not suitable for the intended zoning district with respect to the site characteristics standard. The subject property is a regularly shaped parcel consisting of 10,716 square feet of lot area. The property is improved with an existing 2,091 square foot commercial building and gravel and paved areas. 2 • Findings of Fact Zoning and Subdivision Board Petition 53-06 September 15, 2006 The subject property is not large enough to provide for safe and efficient on site and off site traffic movements as currently designed. B. Sewer and Water Standard. The suitability of the subject property for the intended conditional use for a planned development 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 conditional use for a planned development with respect to the sewer and water standard. The subject property is served with municipal water,sanitary sewer,and storm water control facilities. C. Traffic and Parking Standard. The suitability of the subject property for the intended conditional use for a planned development 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 not suitable for the intended conditional use for a planned development with respect to the traffic and parking standard. The subject property is located at the southwest corner of the intersection of Walnut Avenue and State Street (Route 31). State Street is an arterial road which serves the west side of Elgin. Walnut Avenue is a collector road west of State Street,serving the west side of Elgin. Two points of access to the site are provided; one full access from Walnut Avenue and one from South State Street. The State Street access point is being restricted to a right in and right out access point only. This access point on State Street is located too close to the Walnut Avenue intersection and will cause traffic conflicts. 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 conditional use for a planned development 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 conditional use for a 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 as follows for the years listed: 1927: B Residential District 1950: D Commercial 1960: D Commercial 1961: D Commercial 3 Findings of Fact Zoning and Subdivision Board Petition 53-06 September 15, 2006 1962: B-3 Service Business District 1992: B-3 Service Business District Present: NB Neighborhood Business District ARC Arterial Road Corridor Overlay District A motor vehicle service station and convenience food store was established at the site in 1964, but the use was abandoned prior to 2000. E. Surrounding Land Use and Zoning Standard. The suitability of the subject property for the intended conditional use for a planned development with respect to consistency and compatibility with surrounding land use and zoning. Findings. The subject property is suitable for the intended conditional use for a planned development with respect to consistency and compatibility with surrounding land use and zoning. The subject property is located at the far southwestern edge of the center city. The areas located to the north,south,east and west are zoned NB Neighborhood Business District and are developed with commercial uses. 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 within an area developed with a mix of commercial uses, a funeral home, a restaurant, insurance company, and upper floor apartment dwellings. G. 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 NB Neighborhood Business District is to provide for commercial areas supplying daily convenience commodities and services to a neighborhood population. The scale of development of an NB Zoning District is limited by the applicable site design regulations due to its function and resulting close proximity to residences. 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 use is a lawful conditional use in the NB Neighborhood Business District. Departures from the site design requirements of the NB District will be necessary for the redevelopment of the site as proposed. The site will be brought into conformance with the landscaping and sign ordinances as part of the planned development process. 4 • Findings of Fact Zoning and Subdivision Board trik Petition 53-06 September 15, 2006 H. 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. 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 City of Elgin Comprehensive Plan. The ARC zoning district is a zoning overlay district, and accordingly, a property located within the district shall also be subject to the regulations of the underlying zoning district in which it is located. 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 applicant proposes to finish off the exterior of the existing building with brick. The proposed canopies will be supported by brick columns. Landscaping will be provided around the east and north sides of the building and within the proposed vehicle use areas. 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 "Neighborhood Mixed Use Center" by the City's Comprehensive Plan and Design Guidelines(2005). Neighborhood Mixed-Use centers are designed to meet the daily "convenience" goods and services needs of residence in immediately adjacent neighborhoods.There size would not generally exceed 10 to 30 acres, and would include a mix of small scale retail/service uses,a neighborhood park,and possibly 5