G4-98 •
Ordinance No. G4-98
AN ORDINANCE
RECLASSIFYING PROPERTY AT 1389 DUNDEE AVENUE AND
669 STEWART AVENUE AND GRANTING A CONDITIONAL USE FOR A
COMMERCIAL PLANNED UNIT DEVELOPMENT
WHEREAS, written application has been made to reclassify
certain property located at 1389 Dundee Avenue and 669 Stewart
Avenue from RC2 Residence Conservation District to NB
Neighborhood Business District with a Conditional Use for a
Commercial Planned Development; and
WHEREAS, the Planning and Development Commission has
conducted a public hearing after due notice and submitted its
written findings and recommendations to the City Council; and
WHEREAS, the City Council has reviewed the recommendations
of the Planning and Development Commission and concurs in such
recommendations .
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 Planning and
Development Commission, a copy of which is attached hereto§itaw made a part hereof by reference as Exhibit A.
Section 2 . That Chapter 19 . 08, Section 19 . 08 . 020 entitled
"Zoning District Map" of the Elgin Municipal Code, 1976 , as
amended, be and the same is hereby further amended by adding
thereto the following paragraph:
"The boundaries hereinafter laid out in the
' Zoning District Map' , as amended, be and are hereby
altered by excluding from the RC2 Residence
Conservation District and including in the NB
Neighborhood Business District, the following
described property:
THE EAST 44 . 5 FEET OF LOT ONE AND THAT PART OF
LOTS TWENTY-EIGHT AND TWENTY-NINE LYING WESTERLY OF A
LINE DRAWN FROM A POINT IN THE NORTHERLY LINE OF SAID
LOT TWENTY-EIGHT, 2 . 5 FEET EAST OF THE NORTHWEST
CORNER THEREOF TO A POINT IN THE SOUTH LINE OF LOT
TWENTY-NINE, 5 . 0 FEET WEST OF THE SOUTHEAST CORNER
THEREOF; ALL IN BLOCK TWO OF TROUT PARK SUBDIVISION
OF PART OF THE SOUTHEAST QUARTER OF SECTION ONE,
TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD
PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF
RECORDED JUNE 2 , 1924 IN MAP BOOK 24 , PAGE 17 , IN THE
CITY OF ELGIN, KANE COUNTY, ILLINOIS . "
Section 3 . That a conditional use for a planned
development for a gas station with a convenience store and car
wash plus ancillary business at 1389 Dundee Avenue and
669 Stewart Avenue and legally described as follows :
PARCEL ONE:
LOT ONE (EXCEPT THE EAST 44 . 5 FEET THEREOF) AND
ALL OF LOT TWO IN BLOCK TWO OF TROUT PARK
SUBDIVISION, BEING A SUBDIVISION OF PART OF THE
SOUTHEAST QUARTER OF SECTION ONE, TOWNSHIP 41 NORTH,
RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN,
ACCORDING TO THE PLAT THEREOF RECORDED JUNE 2, 1924
IN MAP BOOK 24 , PAGE 17 , IN THE CITY OF ELGIN, KANE
COUNTY, ILLINOIS (PROPERTY COMMONLY KNOWN AS 1389
DUNDEE AVENUE) ;
PARCEL TWO:
THE EAST 44 . 5 FEET OF LOT ONE AND THAT PART OF
LOTS TWENTY-EIGHT AND TWENTY-NINE LYING WESTERLY OF A
LINE DRAWN FROM A POINT IN THE NORTHERLY LINE OF SAID
LOT TWENTY-EIGHT, 2 . 5 FEET EAST OF THE NORTHWEST
CORNER THEREOF TO A POINT IN THE SOUTH LINE OF LOT
TWENTY-NINE, 5 . 0 FEET WEST OF THE SOUTHEAST CORNER
THEREOF; ALL IN BLOCK TWO OF TROUT PARK SUBDIVISION
OF PART OF THE SOUTHEAST QUARTER OF SECTION ONE,
gi■• TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD
PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF
RECORDED JUNE 2 , 1924 IN MAP BOOK 24 , PAGE 17 , IN THE
CITY OF ELGIN, KANE COUNTY, ILLINOIS (COMMONLY KNOWN
AS 669 STEWART AVENUE) .
be and is hereby granted subject to the following conditions :
1 . Substantial conformance to the Statement of
Purpose and Conformance prepared by Shell Oil
Company.
2 . Substantial conformance to the Development
Plan prepared by Shell Oil Company.
Sheet D-1 Development Plan, revised
12/8/97 .
Sheet SP-1 Site Plan, revised 12/8/97 .
Sheet LS-1 Landscape Plan, revised 12/8/97 .
Sheet TR-1 Truck Path, revised 12/8/97 .
Sheet PH-1 Photometric Plan, revised
12/8/97 .
Sheet A-1 Elevations, revised 12/8/97 .
Sheet FS-1 Canopy & Sign Elevation; revised
12/9/97 .
3 . Compliance with all other applicable codes
and ordinances .
Section 4 . That the conditional use granted herein shall
expire if not established within one year from the date of
passage of this ordinance.
Section 5 . That this ordinance shall be in full force and
effect from and after its passage and approval in the manner
provided by law and shall be published in pamphlet form by
authority of the City Council .
Kevin Kelly, Mayor
Presented: January 14 , 1998
Passed: January 14 , 1998
Omnibus Vote: Yeas 5 Nays 0
Recorded: January 15, 1998
Published:
Attest:
Dolonna Mecu , it Clerk
December 1, 1997
FINDINGS AND RECOMMENDATION
Planning and Development Commission City of Elgin, Illinois
SUBJECT
Consideration of Petition 74-97 Requesting A Zoning Map
Amendment from RC2 Residence Conservation District to NB
Neighborhood Business District and Conditional Use Approval for
a Commercial Planned Development; Property located at 1389
Dundee Avenue and 669 Stewart Avenue, by Shell Oil Company, as
Applicant and Owner.
BACKGROUND
An application has been filed by Shell Oil Company requesting a
zoning map amendment from RC2 Residence Conservation District to
NB Neighborhood Business District and a conditional use for a
commercial planned development. The subject property is located
at 1389 Dundee Avenue and 669 Stewart Avenue.
The applicant proposes to redevelop the subject property with a
Shell Oil facility, including a convenience store and car wash;
and an ancillary business .
FINDINGS
After due notice, as required by law, the Planning and
Development Commission held a public hearing in consideration of
Petition 74-97 on November 17, 1997 . The applicant testified at
the hearing and presented documentary evidence in support of the
application. No objectors appeared at the hearing. No written
correspondence has been submitted. The Planning Department has
submitted a Map Amendment/Conditional Use Review, dated November
11, 1997 .
The Planning and Development Commission has made the following
findings concerning the requested map amendment and conditional
use:
A. Site Characteristics. The suitability of the subject
property for the intended zoning district with respect to
its size; shape; significant natural features including
topography, watercourses and vegetation; and existing
improvements .
FINDINGS/PZTEXT/3000DV.SV/3200PD.PC/3230MP.AM/3230MAP . 97/PET74 . 97
Findings. The subject property is a regularly shaped,
parcel containing approximately 30, 181 square feet of land.
The property has two street frontages . The property is
developed with a motor vehicle service station and
convenience store. The property has no significant natural
features .
B. Sewer and Water. The suitability of the subject property
for the intended zoning district with respect to the
availability of adequate municipal water, wastewater
treatment and stormwater control facilities .
Findings. The subject property can be served with municipal
water, wastewater collection, and stormwater control
facilities .
C. Traffic and Parking. 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 located on State Route 25
(Dundee Avenue) and Stewart Avenue. State Route 25 is an
arterial street. Stewart Avenue is a local street.
The parking lot ordinance requires 8 to 19 off-street
parking stalls and 10 stacking spaces for the intended uses
of the subject property. The applicant proposes to provide
11 off-street parking stalls plus 8 stalls at the pump
islands , and 12 stacking spaces for the car wash.
D. Zoning History. 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 was zoned in the following
classifications for the years indicated:
1927 Out of City
1950 E Commercial/"A" Residence
1962 B-3 Service Business/R-2 Single Family
1992 B-3 Service Business/R-2 Single Family
Present NB Neighborhood Business/RC2 Residence Conservation
E. Surrounding Land use and Zoning. The suitability of the
subject property for the intended zoning district with
respect to consistency and compatibility with surrounding
land use and zoning.
Finding . The subject property is located within the Dundee
Avenue corridor. The subject property is zoned NB and RC2,
FINDINGS/PZTEXT/3000DV.SV/3200PD.PC/3230MP .AM/3230MAP . 97/PET74 . 97
1/21111mr and is positioned on the edge of a residential area located
to the east.
Commercial properties, zoned NB are located to the north,
south, and west of the subject property.
F. Trend of Development. 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 located within a
commercial corridor adjoining Dundee Avenue .
G. Zoning Districts . 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.
Findings . The provisions for the purpose and intent, and
the location and size of a NB zoning district are as
follows :
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 a NB zoning district is limited by
the applicable site design regulations due to its function
and resulting close proximity to residences .
The NB District should be located in substantial conformance
with the official comprehensive plan and shall be located on
an arterial street at an intersection with another arterial
street or a collector street, or in other areas deemed
unsuitable for other zoning classifications . The amount of
land necessary to constitute a NB District shall be neither
less than five acres nor greater than 10 acres .
H. Comprehensive Plan. 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 Official Comprehensive Plan of 1983
designated the subject property as "transportation
corridor" .
I . Natural Preservation. The suitability of the subject
property for the intended planned development with respect
to the preservation of all significant natural features
lkitor including topography, watercourses, wetlands, and
vegetation.
FINDINGS/PZTEXT/3000DV.SV/3200PD.PC/3230MP.AM/3230MAP. 97/PET74 .97
Findings . The subject property has no significant natural
features .
J. 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 applicant proposes a motor vehicle service
station and convenience store, with a car wash. The
ancillary use is limited to those uses permitted in the NB
District. Any other ancillary use would require City
Council approval .
PLANNED DEVELOPMENT DEPARTURES AND EXCEPTIONS
A planned development may be granted certain departures from the
normal standards, regulations, requirements, and procedures of
the zoning ordinance. For the purposes of this section, the
zoning district is the NB Neighborhood Business District. The
applicant is requesting departures from the following sections
of the zoning ordinance:
A. 19 .35 . 335 E. 1(c) . Transition Building Setback. The subject
property is required to provide a minimum 51 foot transition
building setback from the residence districts adjoining the
southerly and easterly property lines . The applicant
proposes a 3 foot building setback between the car wash
facility and the southerly property line.
B. 19 .35 .335 E.2(a,b) . Vehicle Use Area Setback. The minimum
required vehicle uae area along a street is 8 feet and along
an interior property line is 6 feet. The applicant proposes
a minimum 6 foot setback along Stewart Avenue and a minimum
4 foot setback along the southerly commercial property line.
C. 19 .35 .335 H. 1. Transition Landscape Yard. The subject
property is required to provide a minimum 26 foot transition
landscape yard between the developed portions of the site
and the residence districts adjoining the southerly and
easterly property lines . The applicant proposes a minimum 4
foot transition landscape yard along the southerly property
line and a minimum 10 foot transition landscape yard along
the easterly property line.
D. 19 .50.090 Surface Area and Height of Freestanding Sign. The
subject property qualifies for one freestanding sign, a
maximum of 80 square feet in surface area and 15 feet in
height. The applicant proposes to install one freestanding
sign, 117 square feet in surface area and 19 . 5 feet in
height.
FINDINGS/PZTEXT/3000DV.SV/3200PD.PC/3230MP .AM/3230MAP . 97/PET74 . 97
E. 19 .50.080 Maximum Number of Wall Signs. The property
qualifies for three canopy signs . One sign on each of three
canopy surfaces . The applicant proposes four canopy signs,
two each ( SHELL and logo) on the two sides of the canopy
facing the adjoining roadways .
RECOMMENDATION
The Planning and Development Commission recommends the approval
of Petition 74-97 . On a motion to recommend the approval of
Petition 74-97 , subject to the following conditions, the vote
was four (4 ) yes and two (2 ) no:
1 . Substantial conformance to the Statement of Purpose and
Conformance prepared by Shell Oil Company.
2 . Revisions to the Development Plan prepared by Shell Oil
Company, including:
o Substitution of landscape materials and the installation
of a solid fence along the transition lot lines to create a
solid screen which can be maintained at 6 feet in height.
o Revisions to the location and design of access to reduce
the width of the drive approach to Dundee Avenue to the
minimum width necessary to allow fuel delivery trucks to
enter or exit the property with the least disruption to
traffic on the street; and relocation of the drive approach
to Stewart Avenue to align with the backing aisle behind
the storefront parking stalls .
o Submission and attachment of building and sign elevation
drawings to the development plan. The building to be of
masonry construction. Freestanding signage to comply with
the provisions of the sign ordinance.
o Submission and attachment of a site photometric plan to
the development plan. Photometric plan to demonstrate
cutoff of stray light at the property lines .
o Compliance with all other applicable codes and ordinances .
3 . Compliance with all other applicable codes and ordinances .
Therefore, the motion to recommend the approval of Petition
74-97 was adopted.
Robert W. Siljestrom, Chairman
Planning and Development Commission
FINDINGS/PZTEXT/3000DV.SV/3200PD.PC/3230MP.AM/3230MAP . 97/PET74 . 97
Tom Armstrong, Secretary
Planning and Development Commission
oriv
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