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G54-97 Ordinance No. G54-97 AN ORDINANCE GRANTING A CONDITIONAL USE THE MANUFACTURING OF FOOD AND KINDRED PRODUCTS ( 705 North State Street) WHEREAS, written application has been made for a CI Commercial Industrial District conditional use for the manufacturing of food and kindred products at 705 North 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 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 for the manufacturing of food and kindred products at 705 North State Street and legally described as follows : THAT PART OF LOT 174 AND 175 OF THE COUNTY CLERK ' S SUBDIVISION OF THE CITY OF ELGIN BEING LOCATED IN THE SOUTHWEST QUARTER OF SECTION 11, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE NORTH LINE OF SAID SOUTHWEST QUARTER WITH THE EAST LINE OF A TRACT OF LAND DESCRIBED IN WARRANTY DEED RECORDED MAY 4 , 1954 AS DOCUMENT NO. 749761, SAID POINT 21 . 2 FEET EAST OF THE ORIGINAL EASTERLY RIGHT OF WAY LINE OF ROUTE 31; THENCE SOUTH 06 DEGREES 48 MINUTES 25 SECONDS EAST ALONG THE EASTERLY LINE OF SAID DOCUMENT NO. 749761 (ALSO BEING THE PRESENT EASTERLY RIGHT OF WAY LINE OF ROUTE 31 ) , A DISTANCE OF 66 . 88 FEET TO A POINT ON THE tow NORTH LINE OF THE SOUTH 20 . 0 FEET OF SAID LOT 174 FOR THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 06 DEGREES 48 MINUTES 25 SECONDS EAST ALONG THE LAST DESCRIBED LINE, 20 . 04 FEET TO THE SOUTHEAST CORNER OF SAID DOCUMENT NO. 749761 (BEING 6 . 50 FEET EASTERLY OF THE ORIGINAL EASTERLY LINE OF ROUTE 31 , AND ALSO A POINT ON THE SOUTH LINE OF PARCEL 3 OF DOCUMENT NO. 1894917 CONVEYED BY WARRANTY DEED RECORDED FEBRUARY 23 , 1988; THENCE NORTH 88 DEGREES 59 MINUTES 34 SECONDS WEST ALONG THE WESTERLY EXTENSION OF SAID SOUTH LINE, 6 . 50 FEET TO THE EASTERLY RIGHT OF WAY LINE OF ROUTE 31 (BEING 24 . 75 FEET EASTERLY OF THE CENTERLINE OF SAID HIGHWAY) ; THENCE SOUTH 15 DEGREES 56 MINUTES 07 SECONDS EAST ALONG SAID RIGHT OF WAY LINE, 178 . 83 FEET TO THE NORTHERLY LINE OF A TRACT OF LAND CONVEYED BY WARRANTY DEED RECORDED JULY 8, 1922 AS DOCUMENT NO. 209924 ; THENCE NORTH 89 DEGREES 50 MINUTES 22 SECONDS EAST ALONG SAID NORTHERLY LINE, 378 . 81 FEET TO THE WESTERLY RIGHT OF WAY LINE OF REGIONAL TRANSPORTATION AUTHORITY (FORMERLY, THE CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILWAY) ; THENCE NORTH 06 DEGREES 07 MINUTES 59 SECONDS EAST ALONG SAID RIGHT OF WAY, 48 . 16 FEET; THENCE NORTHERLY ALONG SAID RIGHT OF WAY, BEING ON A CURVE TO THE RIGHT HAVING A RADIUS OF 3786 . 66 FEET, AN ARC DISTANCE OF 116 . 02 FEET (THE CHORD OF THE LAST DESCRIBED CURVE BEARING NORTH 07 DEGREES 00 MINUTES 38 SECONDS EAST 116 . 01 FEET) TO THE EASTERLY EXTENSION OF THE SOUTH LINE OF PARCEL 3 OF DOCUMENT NO. 1894917 AFORESAID; THENCE NORTH 88 DEGREES 59 MINUTES 34 SECONDS WEST ALONG SAID EXTENDED LINE (ALSO BEING PARALLEL TO THE NORTH LINE OF SOUTHWEST QUARTER OF SECTION 11 AFORESAID) , 33 . 24 FEET TO A POINT ON A LINE 33 . 0 FEET WEST OF SOUTH LINE NORMALLY DISTANT TO THE WESTERLY RIGHT OF WAY LINE OF SAID REGIONAL TRANSPORTATION AUTHORITY; THENCE NORTHERLY ALONG SAID PARALLEL LINE, BEING ON A CURVE TO THE RIGHT AND HAVING A RADIUS OF 3819 . 66 FEET, AN ARC DISTANCE OF 12 . 63 FEET, (THE CHORD OF THE LAST DESCRIBED LINE BEARING NORTH 07 DEGREES 55 MINUTES 24 SECONDS EAST, 12 . 63 FEET) ; THENCE NORTH 08 DEGREES 01 MINUTES 34 SECONDS EAST ALONG SAID PARALLEL LINE, A DISTANCE OF 5 . 33 FEET TO THE NORTH LINE OF THE SOUTH 20 . 0 FEET OF LOT 174 AFORESAID; THENCE NORTH 88 DEGREES 42 MINUTES 43 SECONDS WEST ALONG SAID NORTH LINE, 412 . 44 FEET TO THE POINT OF BEGINNING, CONTAINING 1 . 7625 ACRES, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. be and is hereby granted subject to the following conditions : 1 . Substantial conformance to the site plan prepared by Alan J. Coulson, P.C. dated August 1 , 1997 , with regard to building and off street parking location, design, and use. 2 . Full compliance with the requirements for vehicle use area landscaping, as contained within Section 19 . 12 . 700 Landscaping, of the Elgin Municipal Code. 3 . Should required landscaping improvements not be completed at the time application is made for an occupancy permit and approved, for any reason, by the Department of Code Administration, the property owner may submit a request for a temporary occupancy permit . This request must be submitted to the Code Enforcement Officer, together with a monetary assurance approved by the Corporation Counsel in an e amount equal to 125 percent of the estimated cost of the remaining work, as approved by the City Engineer and the Department of Code Administration. In the event the Development Administrator finds that the completion of the required work cannot be completed due to material shortages, labor strikes, seasonal limitations , or phased occupancy, he may authorize the Code Enforcement Officer to issue a temporary occupancy permit for a period not to exceed June 1 , 1998 . Should the owner fail to complete the required work within the specified period of time, the city may retain the monetary assurance as a penalty. 4 . No off street parking, loading, or storage shall be permitted on unpaved areas . 5 . Compliance with all other applicable codes and ordinances . e 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. ;;4/eL Kevin Kelly, Mayo Presented: November 5, 1997 Passed: November 5 , 1997 Omnibus Vote : Yeas 7 Nays 0 Recorded: November 6 , 1997 Published: Attest: eft- Dolonna Mecum, City Clerk e 4 October 1, 1997 FINDINGS OF FACT ZONING AND SUBDIVISION HEARING BOARD CITY OF ELGIN I . SUBJECT Consideration of Petition 58-97 Requesting Conditional Use Approval for the Manufacturing of Food and Kindred Products in the CI Commercial Industrial District; Property Located at 705 North State Street; by Pasta Just for You by Sue, as Applicant and Ronald and Susan Heider, as Owners . II . CONSIDERATIONS A petition has been filed by Susan Valentin, owner of Pasta Just for You by Sue, requesting conditional use approval for the manufacturing of food and kindred products in the CI Commercial Industrial District. The subject property is located at 705 North State Street. The petitioner proposes to locate her business in an existing structure located at the southeast corner of the subject property (705 North State Street) . The business would include the manufacturing and sale of pasta and the sale of pasta related products at the subject property. The manufacturing of food and kindred products is a conditional use in the CI Commercial Industrial District. The retail sale and wholesale sale of such products are permitted uses in the CI District. III . FINDINGS After due notice, as required by law, the Zoning and Subdivision Hearing Board held a public hearing on Petition 58-97 on September 17 , 1997 . The petitioner testified at the public hearing. Neither proponents of nor objectors to the petition testified at the public hearing. Neither written correspondence in support of nor in objection to the petition has been submitted. A Petition Review, dated September 5, 1997, was submitted by the Planning Department, which neither recommended approval 00"' Exhibit A nor denial of Petition 58-97 . This Petition Review, along with the exhibits attached thereto, and the written transcription of the proceedings of the public hearing, are attached hereto and made a part hereof . The Zoning and Subdivision Hearing Board has made the following findings with respect to Petition 58-97 : A. Site Characteristics : The subject property is located on the east side of North State Street (State Route 31) at 705 North State Street. The subject property is irregularly shaped and contains approximately 1 . 7625 acres (76,774 .5 square feet) . The subject property drops off from west to east with the greatest change in elevation near the east property line, adjoining the railroad right of way. There are several mature trees located on the subject property, primarily at the northeast portion of the property. The subject property is improved with two buildings, improved accessory off street parking, and a gravel area. B. Sewer and Water: The subject property is currently served with municipal sanitary sewer and water. There is sufficient capacity to serve the proposed conditional use with sewer and water services . Storm water must be controlled in compliance with the requirements of the Elgin Municipal Code. C. Traffic and Parking: The subject property is located on the east side of North State Street (Illinois Route 31) , near Goethe Street extended. The subject property is improved with two commercial structures . The western commercial structure is occupied by State Street Market ( 701 North State Street) , a retail center with cafe; and by Micro Systems Professionals, Inc. , an office and workshop use (703 North State Street) . The subject property is also improved with an accessory off street parking lot. The parking lot contains 67 parking stalls . The Zoning Officer has determined that a total of 53 off street parking spaces are required for the three uses : 38 stalls for State Street Market, nine stalls for Micro Systems Professionals, Inc. , and six for the proposed Pasta Just for You by Sue. eft. Page 2 FOFPET58 . 97/PZTEXT/3000DV. SV/3200PD.PC/3220CN.US/322000N. 97/PET58. 97 D. Zoning History 1928 H Industrial District 1950 G Industrial District 1960 G Industrial District 1961 G Industrial District 1962 M-1 Limited Manufacturing District 1992 CI Commercial Industrial District Present CI Commercial Industrial District E. Zoning Status : The subject property is zoned CI Commercial Industrial District. The retail and wholesale sale of food and household products are allowed in the CI District as permitted uses . The manufacturing of food and kindred products is a conditional use in the CI District. F. Surrounding Land Use and Zoning: The area located to the north of the subject property is zoned CI Commercial Industrial District and is improved with Boncosky Oil Company. The area located to the east of the subject property is zoned CI Commercial Industrial District and is railroad right of way. The area located to the south of the subject property is zoned CI Commercial Industrial District and is developed with Bison Electric Company. The area located to the west of the subject property, across North State Street, is zoned CI Commercial Industrial District and is railroad right of way. G. Trend of Development: The subject property is located within the County Clerk' s Subdivision of the City of Elgin, in the North State Street corridor. The trend of development in the area has been primarily manufacturing, wholesale, and retail uses . H. Comprehensive Plan: The City of Elgin Comprehensive Plan designates north State Street as a transportation corridor. IV. RECOMMENDATION Page 3 FOFPET58 . 97/PZTEXT/3000DV.SV/3200PD.PC/3220CN.US/3220O0N. 97/PET58 .97 On a motion to recommend approval of Petition 58-97 , subject to the following conditions : 1 . Revisions to the site plan, prepared by Alan J. Coulson, P.C, dated August 1, 1997, as follow: - Full compliance with the requirements of Section 19 . 12 . 700(C) Vehicle Use Area Landscape Yard, of the Elgin Municipal Code, for the entire zoning lot. - Full compliance with the requirements of Section 19 . 12 . 700(D) Interior Landscape Yard, of the Elgin Municipal Code, for the entire zoning lot. - Provision of improved walk way to connect 705 North State Street with off street parking lot. 2 . No off street parking, loading, or storage shall be permitted on unpaved areas . 3 . Review and approval of existing and proposed storm water control facilities, by the City of Elgin Engineering Division. 4 . Compliance with all applicable codes and ordinances . the vote was five yes and zero no. Therefore, the motion to recommend approval of Petition 58-97 was adopted. n t Rdlphd Tiberi, Chain Zoning and Subdivision Hearing Board Thomas J. A44 st'ong, Secri a ," Zoning and ubdivision Hearing Board Page 4 FOFPET58 . 97/PZTEXT/3000DV. SV/3200PD.PC/3220CN.US/3220O0N. 97/PET58 .97