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G53-97 Ordinance No. G53-97 em. AN ORDINANCE GRANTING A CONDITIONAL USE FOR A COMMERCIAL PLANNED DEVELOPMENT FOR A GAS STATION AND CONVENIENCE STORE ( 1156 Dundee Avenue) WHEREAS, written application has been made for an AB Area Business District conditional use for a commercial planned development for a gas station and convenience store at 1156 Dundee Avenue; 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 /r► hereby adopts the findings of fact 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 a commercial planned development for a gas station and convenience store at 1156 Dundee Avenue and legally described as follows : LOT 5 AND 6 AND THE SOUTH 36 . 46 FEET OF LOT 4 , BLOCK 1 , RIVERSIDE PARK ADDITION, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS . be and is hereby granted subject to the following conditions : 1 . Substantial conformance with the Site Development Plan prepared by Marathon Oil Company, including Sheets C-1 through C-6 , Si-1, and LS-1 last revised October 2 , 1997 ; and Sheet PH-1 last revised October 3, 1997 . 2 . Bulk petroleum deliveries and refuse pick-up are to be restricted to between the hours of 6 : 00 a.m. to 10 : 00 p.m. 3 . The west wall of the building is to be constructed of face brick to match an existing detached garage, located behind the building. 4 . Compliance with all other applicable codes eft. 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. • // Kevin Kelly, Mayor Presented: November 5, 1997 Passed: November 5, 1997 Omnibus Vote : Yeas 7 Nays 0 Recorded: November 6 , 1997 Published: Attest : Do1onna Mecum, Ci y Clerk October 1, 1997 CONDITIONAL USE FINDINGS AND RECOMMENDATION Zoning and Subdivision Hearing Board City of Elgin, Illinois SUBJECT Consideration of Petition 44-97 Requesting Conditional Use Approval for a Commercial Planned Development (Speedway Gas Station and Convenience Store) ; Property Located at 1156 Dundee Avenue; Marathon Oil Company, as Applicant and Owner. CONSIDERATIONS A petition has been filed by Marathon Oil Company requesting an AB Area Business District conditional use for a commercial planned development. The subject property is located at 1156 rook Dundee Avenue. The applicant is seeking zoning approval to redevelop the subject property with the following component land uses : a motor vehicle service station and convenience store. FINDINGS After due notice as required by law, the Zoning and Subdivision Hearing Board held a public hearing to consider Petition 44-97 on August 20 and September 17 , 1997 . The applicant testified at the hearing and presented documentary evidence regarding the conditional use request. The Planning Department submitted a Conditional Use Review, dated August 14, 1997 and a Memorandum, dated September 10, 1997 , which describes revisions to the original development plans . The Zoning and Subdivision Hearing Board has made the following findings concerning the subject property: A. Site Characteristics. The subject property contains approximately 33, 106 square feet. The property is improved with a motor vehicle service station and a vacant commercial structure. B. Sewer and Water. The property is served with municipal sewer and water systems . Exhibit A F&R44 .97/PZTEXT/3000DV.SV/3200PD.PC/3220CN.US/322000N. 97/PET44 . 97 C. Traffic and Parking. The subject property has street frontage on Dundee Avenue and River Bluff Road. Dundee Avenue functions as an arterial street. River Bluff Road functions as a local street. The required number of parking spaces to support the redevelopment project is nine (9 ) . The development plan features thirteen ( 13) parking spaces and a storage rack for bicycles . D. Zoning History/Zoning Status. The subject property was zoned as follows during the years listed: 1928 "E" Commercial 1950 "A" Residence 1960 "D" Commercial 1961 "D" Commercial 1962 B-3 Service Business District 1992 B-3 Service Business District Present AB Area Business District The subject property is a conforming zoning lot. The development plan departs from certain site design standards (transition building setback, transition landscape yard, vehicle use area setback) in the AB District and from certain sign standards . E. Surrounding Land Use and Zoning. The subject property is located within a strip commercial area zoned AB Area Business District. The commercial strip is developed with a variety of business uses . The area located to the west of the subject property is zoned RC2 Residence Conservation District. The area is developed with single family residences . F. Trend of Development. The subject property is located in a commercial strip pattern of development, which developed prior to the adoption of contemporary zoning standards . G. Comprehensive Plan. The subject property is designated "transportation corridor" by the Official Comprehensive Plan for Elgin. H. Planned Development Departures. The applicant is requesting the following departures from the site design standards and the sign ordinance: Transition Building Setback Required Proposed Departure 50 Ft. (West PL) 12 Ft. 38 Ft. F&R44 .97/PZTEXT/3000DV.SV/3200PD.PC/3220CN.US/3220O0N. 97/PET44 .97 mommommilm Transition Landscape Setback Required Proposed Departure 25 Ft. (West PL) 12 Ft. 13 Ft. Vehicle Use Area Street Setback Required Proposed Departure 20 Ft. for first 132 Ft. 8 . 28 Ft. 11 . 72 Ft. east of West PL Signs Freestanding Signs : The subject property qualifies for one freestanding sign. The Speedway "logos" and "signs" on the dispeners and conopy shrouds are considered additional freestanding signs (reference detail drawings on Sheet Si-1 of Development Plan) . Access The maximum width of a driveway approach at the curbline along a street is 45 feet. The proposed drive approaches are 60 feet wide (Dundee Avenue) and 65 feet wide (River Bluff Road) . RECOMMENDATION On a motion to recommend approval of Petition 44-97 subject to the following conditions, the vote was five (5) yes and zero (0) no: 1 . Substantial conformance with the revised development plan for Speedway/Starvin' Marvin, including the following plan sheets : - Site Geometric Plan (DWG. NO. C-2) , revised 08/26/97 . - Site Signage Plan (DWG. NO. Si-1) , revised 08/26/97 . - Site Landscape Plan (DWG. NO. LS-1) , revised 09/09/97, revised to replace the arborvitae hedge along the west property line with crabapple trees, to replace two existing, deteriorating shade trees with a new shade tree, and to indicate fences or gates to block access to the rear of the building. The fences or gates are to be constructed of materials to match an existing fence located along the west property line, behind the building. 2 . Submission of a site photometric plan indicating illuminance in horizontal footcandles, and listing specifications for all site lighting. Perimeter pole-mounted light fixtures shall have a forward throw distribution pattern with a sharp F&R44 . 97/PZTEXT/3000DV.SV/3200PD.PC/3220CN.US/322000N. 97/PET44 . 97 backside cutoff to eliminate stray light at the ro ert P P Y lines . Horizontal footcandles shall measure 0 . 00 within 10 feet of the west property line, except for an area illuminated with can lights mounted under the soffit along the west building line. Luminaire mounting height shall not exceed 14 feet. 3 . Bulk petroleum deliveries and refuse pick-up are to be restricted to between the hours of 6 :00 a.m. and 10 : 00 p.m. 4 . The west wall of the building is to be constructed of face brick to match an existing detached garage, located behind the building. 5 . Compliance with all other applicable codes and ordinances . Therefore, the motion to recommend approval of Petition 44-97 was adopted. Ralph Tiberi, Chairm n Zoning and Subdivision Hearing Board Tom Armstrong, Secret Zoning and Subdivision Hearing Board r F&R44 .97/PZTEXT/3000DV.SV/3200PD.PC/3220CN.US/322000N. 97/PET44 . 97