G48-02 Ordinance No. G48-02
AN ORDINANCE
GRANTING A CONDITIONAL USE FOR A COMMERCIAL OPERATIONS YARD
(1225 GATEWAY DRIVE)
WHEREAS, written application has been made for a conditional
use for a commercial operations yard in the PGI Planned General
Industrial District at 1225 Gateway Drive; 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 commercial operations
yard in the PGI Planned General Industrial District at 1225 Gateway
Drive and legally described as follows :
LOT 3 IN ELGIN CORPORATE CENTER UNIT NO. 4 , BEING A
SUBDIVISION IN PART OF SECTION 5 IN TOWNSHIP 41 NORTH,
RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING
TO THE PLAT THEREOF RECORDED JUNE 21, 1999 AS DOCUMENT
NUMBER 1999K060906 IN KANE COUNTY, ILLINOIS
be and is hereby granted subject to the following conditions :
1 . Substantial Conformance to the Statement of
Purposed and Conformance submitted by Mr. Rod Fisher,
General Manager of Wm. F. Meyer, Co. , and dated May 10,
2002 .
2 . Substantial conformance to the Geometric and
Utility Plan, prepared by Gerald L. Heinz & Associates,
and dated May 24 , 2002 .
3 . Substantial conformance to the Landscape
Development Plan prepared by Signature Design Group, and
dated November 5, 2001 .
4 . The materials stored within the commercial
operations yard shall be limited to PVC pipe .
A
. 5 . 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.
�iak �l�i✓
d Sc:c , Mayor
Presented: July 10, 2002
Passed: July 10, 2002
Vote : Yeas : 4 Nays : 2
Recorded: July 11, 2002
Published:
Attest :
Dolonna Me um, City Clerk
low
June 5, 2002
FINDINGS OF FACT
Zoning and Subdivision Hearing Board City of Elgin, Illinois
SUBJECT
Consideration of Petition 16-02 Requesting a Conditional Use for a Commercial Operations Yard,
and Requesting a Variation of the Required Setback for a Commercial Operations Yard from an
Interior Lot Line in the PGI Planned General Industrial District;Property Located at 1225 Gateway
Drive by William F. Meyer Co., as Applicant and Owner.
GENERAL INFORMATION
Requested Action: Conditional Use Approval
Current Zoning: PGI Planned General Industrial District
Current Use: Under Construction
Proposed Use: General Industrial with a Commercial Operations Yard
Property Location: 1225 Gateway Drive
Applicant and Owner: William F. Meyer Co.
Staff Coordinator: Lauren Kieck, 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. Photographs of Site (see attached)
F. Statement of Purpose and Conformance (see attached)
G. Site Plan (see attached)
H. Draft Conditional Use Ordinance (see attached)
Exhibit A
Findings of Fact Zoning and Subdivision Hearing Board
Petition 16-02 June 5, 2002
BACKGROUND
An application has been filed by William F. Meyer Co., requesting a conditional use to permit the
establishment of a commercial operations yard, and also requesting variation to permit the
commercial operations yard to be constructed within the required setback from the southerly lot line.
The subject property is located at 1225 Gateway Drive (reference Exhibits A, B, C, D, and E).
The applicant proposes to develop the subject property with a commercial operations yard which will
be located on the east side,or rear of the existing building. The purpose of the proposed commercial
operations yard is to allow the applicant to store items outdoors related to the operation of the
business.
In addition to the conditional use approval,the applicant is also requesting a variation of the required
setback from and interior lot line for a commercial operations yard. In particular, the applicant
proposes to locate the commercial operations yard approximately 5 feet from the southerly lot line,
and is requesting a 5 foot variation(50%)of the required 10 foot setback. The requested variation is
due to the need for the applicant to construct a 24 foot wide drive aisle leading to the back of the
property and the need to maintain the 5 foot required landscape yard at the building foundation. The
required 10 foot setback from the southerly lot line would be provided after the fence clears the drive
aisle. The applicant proposes to construct the fence in conformance with all other setback and
landscaping regulations (reference Exhibits F, G, and H).
GENERAL FINDINGS
After due notice,as required by law,the Zoning and Subdivision Hearing Board conducted a public
hearing in consideration of Petition 16-02 on June 5, 2002. The applicant testified at the public
hearing and presented documentary evidence in support of the application.One objector spoke at the
public hearing.
The Zoning and Subdivision Hearing Board has made the following general findings:
A. Zoning History Findings. The subject property was zoned as follows for the years listed:
1927 Out of City
1950 Out of City
1962 Out of City
1992 Out of City
Present PGI Planned General Industrial District
The subject property was annexed in 1997 and zoned PGI Planned General Industrial
District.
2
Findings of Fact Zoning and Subdivision Hearing Board
Petition 16-02 June 5, 2002
B. Surrounding Land Use and Zoning Findings. The areas to the north, south, and west of
the subject property are located within the Elgin Corporate Center Subdivision and are zoned
PGI Planned General Industrial District. This area is currently developing with industrial
land uses. The area to the east of the subject property is located within unincorporated Elgin
Township and is currently in agricultural use.
C. Trend of Development Findings. The subject property is located within the Elgin
Corporate Center subdivision which is currently developing with a mix of office,
commercial, and industrial uses.
D. Zoning District Findings. The purpose of the PGI Planned General Industrial District is to
provide an alternate planned industrial environment for those industrial uses that do not
require the location of environment of an ORI zoning district. A PGI zoning district is most
similar to,but departs from the standard requirements of the GI zoning district.
E. Comprehensive Plan Findings. The subject property is designated as "urban residential"
by the Official Comprehensive Plan of Elgin (1983).
STANDARDS FOR CONDITIONAL USES
The Zoning and Subdivision Hearing Board has made the following findings concerning the
standards for conditional uses:
A. Site Characteristics Standard. The suitability of the subject property for the intended
conditional use for a planned development 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 parcel containing approximately 2.5 acres of lot
area. The site is currently being developed with a 27,825 square foot industrial building and
accessory vehicle use areas.
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 with respect to
the sewer and water standard.
The subject property will be served with municipal water, sanit ary sewer, and storm water
control facilities.
3
Findings of Fact Zoning and Subdivision Hearing Board
Petition 16-02 June 5, 2002
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 suitable for the intended conditional use with respect to
the traffic and parking standard.
The subject property is located on Gateway Drive.Gateway Drive is a local street serving the
Elgin Corporate Center Subdivision.
Parking will be provided in conformance with the requirements of the zoning ordinance.
D. 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.
No evidence has been submitted or found that the proposed conditional use will be located,
designed,or operated in a manner that will exercise undue detrimental influence on itself or
surrounding property.
STANDARDS FOR VARIATIONS
The Zoning and Subdivision Hearing Board has made the following findings concerning the
variation standards:
A. Extraordinary Conditions Standard. That the variation should be based on the existence
of extraordinary or exceptional conditions, difficulties, or hardships which render the strict
application of the requirements of the zoning ordinance unreasonable.
The extraordinary conditions should distinguish the property from other properties that will
remain subject to the standard requirements of the same zoning district. More specifically,a
variation shall not be granted in lieu of an acceptable text amendment,which would benefit
other properties that otherwise would remain subject to the standard requirements of the
same zoning district.
Findings. Evidence has been submitted or found allowing favorable findings with respect to
the Extraordinary Conditions Standard.
The request appears to be a reasonable accommodation for property located within an
industrial park that exceeds many of the site design and landscaping requirements of the
city's zoning ordinance.
4
Findings of Fact Zoning and Subdivision Hearing Board
Petition 16-02 June 5, 2002
B. Character of the Surrounding Area Standard. That the variation, if granted, should
maintain the essential character of the surrounding area.
Findings. Evidence has been submitted or found, allowing favorable findings with respect
to the Character of the Surrounding Area Standard.
The character of the surrounding area would not be altered by the granting of the requested
variation. If approved,the requested setback variation would only apply to a portion of the
southerly fence line,and the fence would be landscaped in accordance with the requirements
for commercial operations yards.
C. Additional Standards. The following additional standards are intended to supplement
the general standards:
1. Mere Inconvenience Standard. That the subject property features particular
physical surroundings, size, shape, or topographical conditions which bring a
particular hardship on the owner,as distinguished from a mere inconvenience,if the
strict letter of the regulations are applied.
Findings. No evidence has been submitted or found allowing favorable findings
with respect to the Mere Inconvenience Standard.
The subject property does not feature particular physical surroundings,size,shape,or
topographical conditions which bring a particular hardship on the owner.
2. Reasonable Return Standard. That the variation will provide the subject property
with a reasonable return,which would not be possible if the property were permitted
to be used only in compliance with the regulations of the zoning district in which it is
located.
Findings. No evidence has been submitted or found, allowing favorable findings
with respect to the Reasonable Return Standard.
The property will continue to provide a reasonable return even if the variation is not
granted.
3. Greater Economic Return Standard. That the variation is based on conditions,
difficulties,or hardships that do not involve only a desire to make a greater economic
return from the subject property.
Findings. Evidence has been submitted or found, allowing favorable findings with
e"''" respect to the Greater Economic Return Standard.
5
Findings of Fact Zoning and Subdivision Hearing Board
Petition 16-02 June 5, 2002
The property may provide a greater economic return as a result of the setback
variation; however, the granting of the requested variation would result in more
efficient use of the site.
4. Creation of Extraordinary Conditions Standard. That the variation is based on a
condition,difficulty,or hardship created by a person previously having an economic
interest in the property or by circumstances which occurred prior to the current
ownership of the property.
Findings. No evidence has been submitted or found, allowing favorable findings
with respect to the Creation of Extraordinary Conditions Standard.
The current hardship lies in the applicant's need to conduct certain business
operations out of doors, not by any conditions created by previous interests in the
subject property.
5. Impact on the Surrounding Area Standard. That the variation should have no
effect on or should promote the adequate supply of light and air to adjacent property,
should have no effect on or should decrease the danger of fire, should protect the
public safety, and should have no effect on or should enhance other property or
improvements in the surrounding neighborhood.
Findings. Evidence has been submitted or found, allowing favorable findings with
respect to the Impact on the Surrounding Area Standard.
The proposed commercial operations yard will be erected at setbacks greater than
what is required by ordinance with exception to a portion of the fence that will be
located within 5 feet of the southerly lot line. Accordingly, the requested variation
will not have a detrimental impact on the surrounding area.
4. Minimum Adjustment Standard. That the variation shall be the minimum
adjustment necessary for the reasonable use of the land.
Findings. No evidence has been submitted or found allowing favorable findings
with respect to the Minimum Adjustment Standard.
The requested variation is the minimum adjustment needed for the reasonable use of
the land.
MITIGATION FOR REQUESTED VARIATIONS
The approval of variations is subject to the condition that the variation is specifically mitigated by an
equivalent, but more restrictive application of one or more of the site design regulations of the
zoning district in which the property benefited by the variation is located.
6
Findings of Fact Zoning and Subdivision Hearing Board
Petition 16-02 June 5, 2002
Findings. Evidence has been submitted or found, allowing favorable findings with respect to the
mitigation requirement.
The proposed fence will be set back a minimum of 30 feet from the northerly and easterly property
lines, rather than the required 10 foot setback. The Zoning and Subdivision Hearing Board has
determined that the increased setback meets the mitigation requirement.
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. Positive Attributes. With exception to the requested 5 foot variation from the
southerly lot line for a portion of the commercial operations yard, the required
fencing and landscaping will either meet or exceed the requirements for a
commercial operations yard.
2. General. The proposed commercial operations yard and the requested variation meet
the standards set forth for requested conditional uses and variations. In particular,no
evidence has been submitted or found that the proposed conditional use will be
located, designed, or operated in a manner that will exercise undue detrimental
influence on itself or surrounding property. Additionally,the request appears to be a
reasonable accommodation for property located within an industrial park that exceeds
many of the site design and landscaping requirements of the city's zoning ordinance.
B. Summary of Unresolved Issues.
There are no unresolved issues.
C. Summary of Alternatives.
Other than an approval,a denial,or an approval with some combination of conditions,there
are no substantive alternatives.
DECISION
The Zoning and Subdivision Hearing Board hereby approves the variation requested in Petition 16-
elk 02. On a motion to approve the requested variation,subject to the following conditions,the vote was
six (6) yes and zero (0) no:
7
Findings of Fact Zoning and Subdivision Hearing Board
Petition 16-02 June 5, 2002
1. Substantial conformance to the Statement of Purpose and Conformance,submitted by
Rod Fisher, General Manager of Wm. F. Meyer, Co., and dated May 10, 2002.
2. Substantial conformance to the Geometric and Utility Plan, prepared by Gerald L.
Heinz&Associates, and dated May 24, 2002.
3. Substantial conformance to the Landscape Development Plan prepared by Signature
Design Group, and dated November 5, 2001.
4. Compliance with all other applicable codes and ordinances.
Therefore, the motion to approve the variation requested in Petition 16-02 was adopted.
RECOMMENDATION
The Zoning and Subdivision Hearing Board hereby recommends approval of the conditional use
requested in Petition 16-02. On a motion to approve the requested variation,subject to the following
conditions, the vote was six (6) yes and zero (0) no:
1. Substantial conformance to the Statement of Purpose and Conformance,submitted by
Rod Fisher, General Manager of Wm. F. Meyer, Co., and dated May 10, 2002.
2. Substantial conformance to the Geometric and Utility Plan, prepared by Gerald L.
Heinz&Associates, and dated May 24,2002.
3. Substantial conformance to the Landscape Development Plan prepared by Signature
Design Group, and dated November 5, 2001.
4. The materials stored within the commercial operations yard shall be limited to PVC
pipe.
5. Compliance with all other applicable codes and ordinances.
Therefore, the motion to recommend approval of Petition 16-02 was adopted.
e4eje #(°1
Claude Hamlin, Chairman
Zoning and Subdivision Hearing Board
David Sundland, Secreta
Zoning and Subdivision Hearing Board
8
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MAY 23,2002
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DEPARTMENT OF CODE ADMINISTRATION AND DEVELOPMENT SERVICES
MAY 23,2002
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PETITION 16-02
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DEPARTMENT OF CODE ADMINISTRATION AND DEVELOPMENT SERVICES
MAY 23,2002
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DEPARTMENT OF CODE ADMINISTRATION AND DEVELOPMENT SERVICES
MAY 23,2002
300 Feet AERIAL MAP
EXHIBIT D
SITE PHOTOS
Petition 16-02
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Exhibit E
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STATEMENT OF PURPOSE
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CONFORMANCE
Exhibit F
iNeeteli ea.
WM. F.
Toll Free
Plumbing & Piping Distributor
Aurora, 9 pG en Ellyn, 1.800.9824313
(630)851-4441 (630)629-4215
' 3 'z (800)982-4313 Fax (630)629-8624 a=afJuiate
Fax (630)851 4043
DeKalb, Crest Hill, Elgin,
(815)756-2789 (815)729-1360 (847)931-9472
OVER 50 YEARS SERVING CHICAGOLAND Fax: (815)756-3855 Fax: (815)729-1377 Fax: (847)931-9478
May 10, 2002
City of Elgin
Planning Department
Lauren Kieck
Wm. F. Meyer Co. would like to apply for a conditional use agreement for our building
under construction at 1225 Gateway Drive (Lot 3) Elgin Corporate Center, Elgin IL.
The use of the area behind the building (to the east) would be used for staging materials
before stocked in our warehouse or shipped to our customers. The stock would be mostly
PVC pipe in bundled form.
The area will be fenced in with access only through 1-Gate, and will be completely
asphalted. The only time there will be activity in this area will be during normal business
hours between 6:00AM and 5:00PM.
Thank you fo your consideration
Rod Fisher
General Manager
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• • .
r
DRAFT CONDITIONAL USE ORDINANCE
Prepared by the Community Development Group
Exhibit H
•
DRAFT (LK 06-20-02) Ordinance No. Gxx-xx
AN ORDINANCE
GRANTING A CONDITIONAL USE FOR A
COMMERCIAL OPERATIONS YARD
(1225 GATEWAY DRIVE)
WHEREAS, written application has been made for a conditional
use for a commercial operations yard in the PGI Planned General
Industrial District at 1225 Gateway Drive; 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
e°°‘ hereof by reference as Exhibit A.
Section 2 . That a conditional use for a commercial
operations yard in the PGI Planned General Industrial District at
1225 Gateway Drive and legally described as follows :
LOT 3 IN ELGIN CORPORATE CENTER UNIT NO. 4 , BEING A
SUBDIVISION IN PART OF SECTION 5 IN TOWNSHIP 41 NORTH,
RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING •
TO THE PLAT THEREOF RECORDED JUNE 21, 1999 AS DOCUMENT
NUMBER 1999K060906 IN KANE COUNTY, ILLINOIS
be and is hereby granted subject to the following conditions :
1 . Substantial Conformance to the Statement of Purposed
and Conformance submitted by Mr. Rod Fisher, General
Manager of Wm. F. Meyer, Co. , and dated May 10, 2002 .
2 . Substantial conformance to the Geometric and Utility
Plan, prepared by Gerald L. Heinz & Associates, and
dated May 24 , 2002 .
3 . Substantial conformance to the Landscape Development
Plan prepared by Signature Design Group, and dated
November 5, 2001 .
4 . The materials stored within the commercial operations
yard shall be limited to PVC pipe .
5 . 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.
s/
Ed Schock, Mayor
Presented:
Passed:
Omnibus Vote: Yeas Nays
Recorded:
Published:
(01°' Attest :
s/
Dolonna Mecum, City Clerk
•