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G33-01 Ordinance No. G33-01 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A MOTOR VEHICLE SERVICE STATION AND CONVENIENCE FOOD STORE, OPERATED ON A 24 HOUR BASIS (305 South McLean Boulevard) WHEREAS, written application has been made for a conditional use for a motor vehicle service station and convenience food store, operated on a 24 hour basis, within the AB Area Business District at 305 South McLean Boulevard; 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 a motor vehicle service station and convenience food store, operated on a 24 hour basis, at 305 South McLean Boulevard and legally described as follows : THAT PART OF LOTS TWENTY-SIX, TWENTY-SEVEN AND TWENTY-EIGHT IN BLOCK FIFTY-NINE OF THE PLAT SOUTH WASHINGTON HEIGHTS, A SUBDIVISION OF LOT TWO OF THE NORTHEAST QUARTER OF SECTION TWENTY-TWO, TOWNSHIP FORTY- ONE NORTH, RANGE EIGHT, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS : COMMENCING AT A POINT ON THE NORTH LINE OF SAID LOT TWENTY-EIGHT, THAT IS 3 . 0 FT. EAST OF THE NORTHWEST CORNER OF SAID LOT THEREOF; THENCE SOUTHERLY ON THE EASTERLY LINE OF MCLEAN BOULEVARD, AS IT IS NOW DEDICATED 3 . 0 FT. EAST OF AND PARALLEL WITH THE WESTERLY LINE OF SAID LOTS TWENTY-SIX, TWENTY-SEVEN AND TWENTY-EIGHT AS THEY WERE ORIGINALLY PLATTED, A DISTANCE OF 159 . 0 FT. TO THE SOUTH LINE OF SAID LOT TWENTY-SIX; THENCE EAST ON SAID SOUTH LINE OF LOT TWENTY-SIX, A DISTANCE OF 100 . 0 FT. ; THENCE NORTHERLY PARALLEL WITH THE SAID EASTERLY LINE OF MCLEAN BOULEVARD (AS NOW DEDICATED) , 150 . 0 FT. TO THE NORTH LINE OF SAID LOT TWENTY-EIGHT; THENCE WEST ON THE SAID NORTH LINE OF LOT TWENTY-EIGHT, (BEING ALSO THE SOUTH LINE OF LILLIAN STREET) , A DISTANCE OF 100 . 0 FT. TO THE POINT OF BEGINNING, ALL IN THE TOWNSHIP OF ELGIN, KANE COUNTY, ILLINOIS . (PROPERTY COMMONLY KNOWN AS 305 SOUTH MCLEAN BOULEVARD, ELGIN, ILLINOIS) . be and is hereby granted subject to the following conditions : 1 . Substantial conformance to the statement of purpose, submitted by Abdul Moid, dated February 23 , 2001 . 2 . Substantial conformance to the site plan, submitted by D . Xenos and Associates, Inc . , dated March 15 , 2001, including the provision of new pavement, curbing and landscaping on site . 3 . Decrease the width of the south driveway on McLean Boulevard in order to increase the size of the protective landscape island adjacent to the south vehicle use area . 4 . Substantial conformance to the proposed elevations . Polk 5 . Substantial conformance to the floor plan. 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 Presented: June 13 , 2001 Passed: June 13 , 2001 Omnibus Vote: Yeas 6 Nays 0 Recorded: June 14, 2001 Published: Attest: Dolonna Mecum, ty 'Clerk May 2, 2001 FINDINGS OF FACT Zoning and Subdivision Hearing Board City of Elgin,Illinois SUBJECT Consideration of Petition 22-01 Requesting a Conditional Use for a Motor Vehicle Service Station in the AB Area Business District;Property Located at 305 South McLean Boulevard by Abdul Moid, as Applicant and Owner. GENERAL INFORMATION Requested Action: Conditional Use Approval Current Zoning: AB Area Business District Intended Use: Motor Vehicle Service Station and Convenience Food Store, Operated on a 24 Hour Basis Property Location: 305 South McLean Boulevard Owner/Applicant: Abdul Moid Staff Coordinator: Todd Wyatt,Associate Planner LIST OF EXHIBITS A. Location Map (see attached) B. Zoning Map (see attached) C. Parcel Map (see attached) D. Aerial Photo (see attached) E. Statement of Purpose and Conformance (see attached) F. Site Plan (see attached) G. Proposed Elevations (see attached) H. Interior Floor Plan (see attached) I. Draft Conditional Use Ordinance (see attached) Exhibit A Findings of Fact Zoning and Subdivision Hearing Board Petition 22-01 May 2, 2001 BACKGROUND An application has been filed by Abdul Moid, requesting a conditional use for a motor vehicle service station and convenience food store, operated on a 24 hour basis, within the AB Area Business District. The subject property is located at 305 South McLean Boulevard (reference Exhibits A,B, C and D). The subject property currently contains a vacant motor vehicle service station with a motor vehicle repair shop,and 2 gas pump islands covered by a canopy.The applicant is proposing to renovate the existing vacant building and canopy to establish a service station and convenience store. The applicant proposes to close the cross-access to the adjacent properties and provide new landscaping and curbing for the site. The applicant will also provide new pavement for the redesigned parking area. There will be a maximum of 2 employees on the site. (Reference Exhibits E,F, G, H, and 1) FINDINGS After due notice, as required by law, the Zoning and Subdivision Hearing Board held a public hearing in consideration of Petition 22-01 on April 18, 2001. The applicant testified at the public hearing and presented documentary evidence in support of the application.No objectors appeared at the hearing. Written correspondence has been received. The Community Development Group submitted a Conditional Use Review dated April 3, 2001. The Zoning and Subdivision Hearing Board has made the following findings concerning the standards for conditional uses: A. Zoning History Findings. The subject property was zoned as follows for the years listed: 1927 E Commercial 1950 D Commercial 1960 D Commercial 1961 D Commercial 1962 B3 Service Business District 1992 B3 Service Business District Present CC2 Center City District B. Surrounding Land Use and Zoning Findings. The subject property is located at the southeast corner of McLean Boulevard and Lillian Street. The area is an established AB Area Business District that has developed with a mix of commercial uses. A restaurant and a motor vehicle service station are located to the north of the subject property. A restaurant is located to the east of the subject property. A four tenant retail building is located to the south of the subject property. The properties to the west, across South McLean Boulevard,contain restaurants,a motor vehicle service station and a regional commercial retail center. -2- Findings of Fact Zoning and Subdivision Hearing Board ., Petition 22-01 May 2,2001 C. Trend of Development Findings.The subject property is located within an established AB Area Business District that has been developed with a variety of commercial uses. D. Zoning District Findings. The purpose of the AB Area Business District is to provide commodities and services to several neighborhoods, and in some instances to a community wide or regional supporting population. AB zoning districts are limited by the applicable site design regulations to an intermediate scale of development relative to NB Neighborhood Business Districts and the CCl Center City District. E. Site Characteristics Standard. The suitability of the subject property for the intended conditional use with respect to its size; shape; significant natural features including topography,watercourses, and vegetation; and existing improvements. Findings. The subject property is suitable for the intended conditional use with respect to the site characteristics standard. The subject property is a regularly shaped corner parcel containing 14,512 square feet of lot area. There are no significant natural features present on the subject property. The subject property currently contains a vacant motor vehicle service station with a motor vehicle repair shop,and 2 gas pump islands covered by a canopy.The remainder of the lot is covered with a mix of broken cement and gravel. F. Sewer and Water Standard. The suitability of the subject property for the intended conditional use 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 with respect to the sewer and water standard. The subject property is served by municipal water, sanitary sewer and storm water control services. G. Traffic and Parking Standard. The suitability of the subject property for the intended conditional use 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 conditional use with respect to the traffic and parking standard. The subject property fronts on South McLean Boulevard,an arterial street,and Lillian Street, a collector street.The site will have two access driveways on South McLean Boulevard and one access driveway on Lillian Street.Parking will be provided in conformance with the off street parking ordinance. -3- Findings of Fact Zoning and Subdivision Hearing Board Petition 22-01 May 2,2001 H. Location,Design,and Operation Standard. The suitability of the subject property for the intended conditional use with respect to it being located, designed, and operated so as to promote the purpose and intent of this title and chapter. Findings. The subject property is suitable for the intended conditional use with respect to it being located,designed,and operated so as to promote the purpose and intent of the zoning ordinance. The applicant will be making numerous improvements to the site to enhance its operation and aesthetics.The applicant is proposing to renovate the existing vacant building,close the cross-access to the adjacent properties and provide new landscaping and curbing for the site. The applicant will also provide new pavement for the redesigned parking area. 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. Site Characteristics. The subject property is a regularly shaped corner parcel containing 14,512 square feet of lot area. There are no significant natural features present on the subject property. The subject property currently contains a vacant motor vehicle service station with a motor vehicle repair shop, and 2 gas pump islands covered by a canopy. The remainder of the lot is covered with a mix of broken cement and gravel. 2. Traffic and Parking. The subject property fronts on South McLean Boulevard, an arterial street, and Lillian Street, a collector street. The site will have two access driveways on South McLean Boulevard and one access driveway on Lillian Street. Parking will be provided in conformance with the off street parking ordinance. 3. Location, Design, and Operation. The applicant will be making numerous improvements to the site to enhance its operation and aesthetics. The applicant is proposing to renovate the existing vacant building, close the cross-access to the adjacent properties and provide new landscaping and curbing for the site. The applicant will also provide new pavement for the redesigned parking area. B. Summary of Unresolved Issues. There are no unresolved issues. -4- Findings of Fact Zoning and Subdivision Hearing Board Petition 22-01 May 2,2001 C. Summary of Alternatives. Other than an approval,a denial,or an approval with some combination of conditions,there are no substantive alternatives. RECOMMENDATION AND DECISION The Zoning and Subdivision Hearing Board recommends the approval of the conditional use for a motor vehicle service station. On a motion to recommend approval of the conditional use,the vote was six (6)yes and zero (0)no. The conditional use was recommended for approval subject to the following conditions: 1. Substantial conformance to the statement of purpose, submitted by Abdul Moid, dated February 23, 2001. 2. Substantial conformance to the site plan,submitted by D.Xenos and Associates,Inc., dated March 15, 2001, including the provision of new pavement, curbing and landscaping on site. 3. Decrease the width of the south driveway on McLean Boulevard in order to increase the size of the protective landscape island adjacent to the south vehicle use area. 4. Substantial conformance to the proposed elevations. 5. Substantial conformance to the floor plan. 6. Compliance with all other applicable codes and ordinances. Therefore, the motion to recommend-the approval of Petition 22-01 was adopted. �J Ralph tiberi, Chairman Zoning and Subdivision Hearing Board David Sundland, Secretary Zoning and Subdivision Hearing Board -5- 4 ` ^r 0 J � I 1. SUBJECT PROPERTY ITION 22-01 0 DEPARTMENT OF CODE ADMINISTRATION AND DEVELOPMENT SERVICES MARCH 30,2001 +M 0 400 Feet EXHIBIT A/ LOCATION MAP Q N • J � lu LL � U CF 7C r O m z z SUBJECT PROPERTY D a PETITION 22-01 m 305 LILLIAN ST cn m AB co O • z D RT 2p Fe m MAIN LN R�2o v w • O� J W CI G1 PRC m D NB v v A DEPARTMENT OF CODE ADMINISTRATION AND DEVELOPMENT SERVICES MARCH 30,2001 0 400 Feet EXHIBIT B/ZONING MAP Q N } SUBJECT PROPERTY PEnTlON 22-01 305 SOUTH MCLEAN BOULEVARD 06-22-251-028 305 LILLIAN ST c y O Z m MAIN LN S� S� DEPARTMENT OF CODE ADMINISTRATION AND DEVELOPMENT SERVICES MARCH 30,2001 90 0 90 Feet EXHIBIT C/ PARCEL MAP Q N SUBJECT PROPERTY PETITION f , Ln it 1 11 A