G105-04 Ordinance No. G105-04
AN ORDINANCE
GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT
TO PERMIT THE CONSTRUCTION OF A GAS STATION AND CONVENIENCE STORE
IN THE CI COMMERCIAL INDUSTRIAL DISTRICT AND THE
ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT
(585 North State Street)
WHEREAS, written application has been made for a conditional use for a planned development
which will allow for the construction of a Gas Station and Convenience Store in the CI Commercial
Industrial District; 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, dated
October 20, 2004, 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 planned development which will allow for the
construction of a gas station and convenience store within the CI Commercial Industrial District and the
ARC Arterial Road Corridor Overlay District at 585 North State Street and legally described as
follows:
That part of lot 2 lying southerly of a line drawn westerly from a point on the
east line of said lot 190 feet north of the southeast corner of lot 5 in said John A.
Logan's Addition to Elgin to a point on the west line of said lot 2 being 206.7 feet
north of the southwest corner of said lot 5, and all of lots 3, 4, and 5 (except the west
6.5 feet thereof), all in John A. Logan's Addition to Elgin, in the City of Elgin, Kane
County, Illinois (property commonly known as 585 North State Street).
be and is hereby granted subject to the following conditions:
1. Substantial conformance to the Statement of Purpose and
Conformance, submitted by Faruk Razi, dated September 23, 2004.
2. Substantial conformance to the Development Plan, consisting of
the site plan, landscaping plan, floor plan, building elevations, waste enclosure —
wood fence — State Street wall elevations, and sign — canopy elevation; prepared
by Suber F. Zummerwala and Associates, dated November 2, 2004, revised.
3. All signs located at the site shall be in conformance with the Sign
Ordinance, including but not limited to the proposed freestanding sign. The sign-
canopy elevation shall be revised to provide for one free standing sign, no more
than 80 square feet in surface area and no more than 10 feet in height.
4. The proposed new canopy shall be constructed and completed
within six months of completion of the convenience store building
5. Compliance with all other applicable codes and ordinances.
Section 3. That the conditional use granted herein shall expire if not established within two
years 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.
d Schock, Mayor
Presented: December 15, 2004
Passed: December 15, 2004
Omnibus Vote: Yeas: 6 Nays: 0
Recorded: December 16, 2004
Published:
Attest:
Dolonna Mecum, City Clerk
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October 20,2004
FINDINGS OF FACT
Zoning and Subdivision Hearing Board City of Elgin,Illinois
SUBJECT
Consideration of Petition 77-04 Requesting Conditional Use Approval for a Planned Development to
Permit the Redevelopment of an Existing Gas Station in the CI Commercial Industrial District and
ARC Arterial Road Corridor District,Property Located at 585 North State Street by Mirza A.Baig,
as Applicant and Mirza A. Baig and Faruk Razi, as Owners.
GENERAL INFORMATION
Requested Action: Conditional Use Approval
Current Zoning: ARC Arterial Road Corridor Overlay District
CI Commercial Industrial District
Existing Use: Gas Station and Convenience Store
Proposed Use: Gas Station and Convenience Store
Property Location: 585 North State Street
Applicant: Mirza A. Baig
Owner: Mirza A. Baig and Faruk Razi
Staff Coordinator: Diana McNeil,Planner
LIST OF EXHIBITS
A. Location Map (see attached)
B. Zoning Map (see attached)
C. Parcel Map (see attached)
D. Aerial Map (see attached)
E. Site Photos (see attached)
Exhibit A
Findings of Fact Zoning and Subdivision Hearing Board
Petition 77-04 October 20, 2004
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F. Statement of Purpose and Conformance (see enclosed)
G. Development Plan (see enclosed)
H. Draft Conditional Use Ordinance (see enclosed)
BACKGROUND
An application has been filed by Mirza A. Baig requesting approval of a conditional use for a
planned development in the CI Commercial Industrial District and the ARC Arterial Road Corridor
District. The subject property is located at 585 North State Street(reference Exhibits A,B,C,D,and
E).
The applicant proposes to redevelop the subject property with a new gas station and convenience
store. The west(front),north and south elevations of the new convenience store building would be
of face brick. The east(rear) elevation would be of concrete block construction. A new three foot
high brick wall would be constructed along North State Street, along with new curb cuts and new
vehicle use area surfacing. Proposed new signage includes a monument style sign with brick base.
A new canopy would be constructed of anodized aluminum panels,with brick support piers. New
landscaping would be installed along the north and south property lines and adjoining the
convenience store parking areas (reference Exhibits F, G, and H).
FINDINGS
After due notice,as required by law,the Zoning and Subdivision Hearing Board conducted a public
hearing in consideration of Petition 77-04 on October 20,2004. The applicant testified at the public
hearing and presented documentary evidence in support of the petition. Staff submitted a
Conditional Use Review dated October 15, 2004.
The Zoning and Subdivision Hearing Board has made the following findings with respect to Petition
77-04:
A. Site Characteristics Standard. The suitability of the subject property for the intended zoning
district with respect to its size, shape, significant natural features (including topography,
watercourse and vegetation), and existing improvements.
Findings. The subject property is suitable for the intended zoning district with respect to the
site characteristics standard.
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 77-04 October 20, 2004
The subject property is an 18,975 square foot irregularly shaped parcel. The property ranges in
elevation from 753 feet near the rear of the existing convenience store building to 740 feet at the
bottom of the slope behind the building, for a maximum relief of 13 feet. The property is
currently developed with a 754 square foot convenience store building,a paved vehicle use area,
gasoline pumps and a canopy over the pumps.
B. Sewer and Water Standard. The suitability of the subject property for the intended zoning
district 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 zoning district with respect to the
sewer and water standard.
The property will continue to be served by municipal water,wastewater treatment, and storm
water control facilities.
C. Traffic and Parking Standard. 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 suitable for the intended zoning district with respect to the
traffic and parking standard.
The subject property is located on the east side of North State Street(Illinois Route 31). State
Street is an arterial street serving the near west side of Elgin and which serves as a regional
arterial street connecting communities to the north and south. The site currently has access to
State Street via two (2) existing curb cuts.
Off street parking will be provided in conformance with the zoning ordinance.
D. Zoning History Standard. 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 is suitable for the intended zoning district with respect to the
length of time the property has remained undeveloped or unused in its current zoning district.
The subject property has been zoned as follows for the years listed:
1927: H Industrial District
rjk 1950: G Industrial District
1960: G Industrial District
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 77-04 October 20, 2004
1962: M-1 Limited Manufacturing District
1992: M-1 Limited Manufacturing District
Present: CI Commercial Industrial District
ARC Arterial Road Corridor Overlay District
A gas station was established at the subject property in 1959.
E. Surrounding Land Use and Zoning Standard. The suitability of the subject property for the
intended zoning district with respect to consistency and compatibility with surrounding land use
and zoning.
Findings. The subject property is suitable for the intended zoning district with respect to
consistency and compatibility with surrounding land use and zoning.
The areas located to the north,south,and west of the subject property are zoned CI Commercial
Industrial District and are developed with a mix of commercial and industrial uses and railroad
right of way.
The area located to the east of the subject property is zoned CI District and CF Community
Facility District and is comprised of railroad right of way and the west bank of the Fox River.
F. Trend of Development Standard. 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 suitable for the intended zoning district with respect to
consistency with an existing pattern of development or an identifiable trend within the area.
The subject property is located in a commercial and industrial area which extends along the east
and west sides of State Street.
Zoning District Standard. 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.
The purpose of the CI Commercial Industrial District is to provide for an existing pattern of
development in which certain commercial uses and industrial uses have located together. The
land uses provided for within the CI District are also provided for within other zoning districts,
which in general are more in keeping with the purpose and intent of Title 19 Zoning, and the
goals, objectives and policies of the Official Comprehensive Plan
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Findings of Fact Zoning and Subdivision Hearing Board
rok Petition 77-04 October 20,2004
The purpose and intent of the ARC Arterial Road Corridor Overlay District is to promote and
facilitate the implementation of the objectives, policies, and strategies of the Official
Comprehensive Plan. The ARC District is a zoning overlay district, and accordingly, the
property located within the district shall also be subject to the regulations of the underlying
zoning district in which it is located. The ARC District shall be mapped over all zoning lots
adjoining Randall Road and the arterial streets, as defined in Title 19. No additional ARC
District shall be mapped unless such property fronts on an arterial street,or unless such property
to be mapped adjoins an existing ARC District. There shall be no minimum or maximum of
land which shall be necessary to constitute the ARC District.
Findings. The subject property is suitable for the intended conditional use for a planned
development with respect to conformance to the provisions for the purpose and intent,and the
location and size of a zoning district.
The proposed gas station with convenience store use is a permitted use in the CI Commercial
Industrial District.Departures from the site design requirements of the CI District will be necessary
for the subject property to be redeveloped as proposed.
The proposed convenience store building is designed with high quality masonry materials, in
conformance with the ARC District design policies
G. Conditional Use for a Planned Development Standard.The suitability of the subject property
for the intended conditional use for a planned development with respect to conformance to the
provisions for the purpose and intent of planned developments. No conditional use for a planned
development should be granted for the sole purpose of introducing a land use not otherwise
permitted on the subject property. The purpose and intent of the provisions for planned
developments is to accommodate unique development situations. For planned developments as a
conditional use, the planned development should demonstrate the following characteristics:
1. An opportunity to realize a development of demonstrated need with respect to the types of
environment available to the public that would not be possible under the strict application of
the other chapters of this title.
2. The public benefit realized by the establishment of the planned development is greater than if
the property were to remain subject to the standard requirements of the zoning district in
which it is located.
3. Extraordinary conditions or limitations governing site design,function,operation,and traffic
are imposed on the planned development.
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 77-04 October 20, 2004
Findings: The subject property is suitable for the intended conditional use for a planned
development with respect to conformance to the purpose and intent of a conditional use for a
planned development.
The subject property is located in a well established commercial and industrial area. The new
convenience store building will be constructed of quality building materials Additional
landscaping will be planted adjacent to the vehicle use area, and a refuse collection area will be
constructed to screen the dumpsters from view.These improvements will increase the aesthetic
appeal of the property, and will meet the intent of the ARC District.
H. Comprehensive Plan Standard. 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 subject property is suitable for the intended zoning district with respect to the
Comprehensive Plan Standard.
The subject property is designated as"Transportation Corridor,"by the 1983 Comprehensive
Plan. The proposed planned development is in conformance with this designation.
I. Natural Preservation Standard. The suitability of the subject property for the intended
planned development with respect to the preservation of all significant natural features including
topography,watercourses,wetlands, and vegetation.
Findings. The subject property is suitable for the intended planned development with respect to
the Natural Preservation Standard.
There are no significant natural features located on this property.
J. Internal Land Use Standard. 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 subject property is suitable for the intended planned development with respect to
the internal land use standard.
The subject property is located within a mature commercial and industrial area.No evidence has
been submitted or found that the proposed planned development will be located, designed,or
operated in a manner that will exercise undue detrimental influence on itself or surrounding
property.
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 77-04 October 20, 2004
PLANNED DEVELOPMENT DEPARTURES AND EXCEPTIONS
A planned development may be granted certain departures from the normal standards,regulations,
requirements, and procedures of the Elgin Zoning Ordinance. The applicant is requesting the
following departures from the standard requirements of the CI Commercial Industrial District:
A. Section 19.40.535(B)—Lot Area: In the CI District, the minimum required zoning lot area is
20,000 square feet. The existing zoning lot consists of 18,975 square feet of lot area.
Accordingly,a 1,025 square foot(five percent)departure from the required minimum lot area is
required.
B. Section 19.40.535(E)(2)(a) — Vehicle Use Area Street Setback: In the CI District, the
minimum required vehicle use area setback from a street lot line is eight feet. The petitioner
proposes to set the vehicle use area back zero(0)feet from the street lot line. Accordingly,the
petitioner is seeking an eight(8)foot(38 percent)departure from the minimum required vehicle
use area street setback.
C. Section 19.40.535(H)(2) — Vehicle Use Area Landscape Yards: The yards established by
vehicle use area setbacks shall be used as landscape yards. A brick wall,three feet in height is
proposed to be located adjoining the State Street right of way in lieu of vegetation.
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. The purpose and intent of the ARC overlay district is to ensure
quality development along the city's entryway corridors. The proposed
redevelopment will enhance the image of a highly traveled gateway into the city.
2. Conditional Use for a Planned Development. The subject property is located in a
well established commercial industrial area. The proposed improvements will
increase the aesthetic appeal of the property, and will meet the intent of the ARC
District.
B. Summary of Unresolved Issues.
` There are no unresolved issues.
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 77-04 October 20,2004
C. Summary of Alternatives.
Other than an approval,a denial,or an approval with some combination of conditions,there
are no substantive alternatives.
RECOMMENDATION
The Zoning and Subdivision Hearing Board hereby recommends the approval of Petition 77-04.On a
motion to recommend approval of the conditional use,subject to the following conditions,the vote
was five(5)yes, zero (0)no, and one(1)present:
1. Substantial conformance to the Statement of Purpose and Conformance, submitted by Faruk
Razi, dated September 23, 2004.
2. Substantial conformance to the Development Plan,consisting of the site plan,landscaping plan,
floor plan,building elevations,waste enclosure—wood fence—State Street wall elevations,and
sign—canopy elevation;prepared by Suber F.Zummerwala and Associates,dated September 22,
2004.
3. Revisions to the Development Plan,sign-canopy elevation,to provide for a freestanding sign no
more than 10 feet in height, nor more than 80 square feet in surface area.
4. The proposed new canopy shall be constructed and completed within six months of completion
of the convenience store building
5. Compliance with all other applicable codes and ordinances.
Therefore, the motion to recommend approval of Petition 77-04 was adopted.
Respectfully submitted:
Robert Langlois, Chairman
Zoning and Subdivision Hearing Board
r Jerry Deering, Secretary
Zoning and Subdivision Hearing Board
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