G62-04 Ordinance No. G62-04
AN ORDINANCE
GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT
TO PERMIT THE REDEVELOPMENT OF A MOTOR VEHICLE SERVICE STATION IN
THE AB AREA BUSINESS DISTRICT AND THE ARC
ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT
(1570 Big Timber Road)
WHEREAS, written application has been made for a conditional use for a planned
development to permit the redevelopment of a motor vehicle service station within the AB Area
Business District and the ARC Arterial Road Corridor Overlay District at 1570 Big Timber Road;
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 June 2, 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 permit the redevelopment of a
motor vehicle service station within the AB Area Business District and the ARC Arterial Road
Corridor Overlay District at 1570 Big Timber Road and legally described as follows:
Parcel 1: That part of the southwest quarter of section 3 and part of the
northwest quarter of section 10, all in township 41 north, Range 8 east of the third
principal meridian described as follows: beginning at the intersection of the center
of Crystal Lake Road and the north line of the right-of-way of the Chicago,
Milwaukee, St. Paul and pacific railroad; thence south 89 Degrees 19 minutes
west along said north line 250 feet; thence north parallel to the center line of the
Crystal Lake Road 180 feet; thence north 89 degrees 19 minutes east parallel to
said north line of railroad right-of-way 250 feet to the center line of said Crystal
Lake Road; thence south 1 degrees 38 minutes east along said center line 180 feet
to the point of beginning, in the Township of Elgin, Kane County, Illinois.
Excepting that part of the southwest quarter of section 3 and part of the northwest
quarter of section 10, all in township 41 north, range 8 east of the third principal
meridian, City of Elgin, County of Kane, State of Illinois and being more
particularly described as follows: commencing at a point being the intersection of
the centerline of Sleepy Hollow Road and the north right of way line of the
Chicago, Milwaukee, St. Paul and Pacific Railroad; thence on and along said
north right of way line south 89 degrees 19 minutes west, a distance of 190.00 feet
to a point being the "true point of beginning"; thence continuing south 89 degrees
19 minutes west, distance of 60.00 feet; thence north 01 degrees 38 minutes west,
parallel with the centerline of Sleepy Hollow Road, a distance of 180.00 feet;
thence North 89 degrees 19 minutes east, a distance of 60.00 feet; thence south 01
degrees 38 minutes east, a distance of 180.00 feet to the point of beginning. Also
excepting that part of the southwest quarter of section 3 and part of the northwest
Quarter of section 10, in township 41 north, range 8 east of the third principal
meridian, Kane County, Illinois described as follows: beginning at the
intersection of the centerline of McLean Boulevard (formerly Crystal Lake Road)
and the north right of way line of the Chicago, Milwaukee, St. Paul and Pacific
railroad; thence west on said north right of way line on an assumed bearing of
north 89 degrees 46 minutes 09 seconds west, 190.00 feet; thence north 00
degrees 40 minutes 17 seconds west, 70.00 feet; thence south 89 degrees 46
minutes 00 seconds east, 128.31 feet; thence north 39 degrees 30 minutes 12
seconds east, 33.61 feet; thence south 89 degrees 46 minutes 09 seconds east,
40.01 feet, parallel with the north right of way line of the Chicago, Milwaukee, St.
Paul and pacific railroad to the centerline of McLean boulevard (formerly Crystal
Lake Road); thence south 00 degrees 40 minutes 17 seconds east, 96.01 feet along
the centerline to the point of beginning.
Parcel 2: That part of the southwest quarter of section 3 and part of the
northwest quarter of section 10, all in township 41 north, Range 8 east of the third
principal meridian, city of Elgin, County of Kane, State of Illinois and being more
particularly described as follows: commencing at a point being the intersection of
the centerline of Sleepy Hollow Road and the north right of way line of the
Chicago, Milwaukee, St. Paul and Pacific railroad; thence on and along said north
right of way line south 89 degrees 19 minutes west, a distance of 190.00 feet to a
point being the "true point of beginning"; thence continuing South 89 degrees 19
minutes west, distance of 60.00 feet; thence north 01 degrees 38 minutes west,
parallel with the centerline of Sleepy Hollow Road, a distance of 180.00 feet;
thence north 89 degrees 19 minutes east, a distance of 60.00 feet; Thence south 01
degrees 38 minutes east, a distance of 180.00 feet to the point of beginning,
excepting there from that portion conveyed to the county of Kane by warranty
deed dated august 31, 1989, more particularly described as follows: that part of
the southwest quarter of section 3 and part of the northwest quarter of section 10,
in township 41 north, range 8 east of the third principal meridian, Kane County,
Illinois, described as follows: commencing at the intersection of the centerline of
McLean boulevard (formerly Crystal Lake Road) and the north right of way line
of the Chicago, Milwaukee, St. Paul and Pacific railroad; thence west on said
north right of way line on an assumed bearing of north 89 degrees 46 minutes 09
seconds west, 250.00 feet, to a point of beginning; thence north 00 degrees 40
minutes 17 seconds west, 70.00 feet; thence south 89 degrees 46 minutes 00
seconds east, 60.00 feet; thence south 00 degrees 40 minutes 17 seconds east,
70.00 feet to the north right of way line of the Chicago, Milwaukee, St. Paul and
pacific railroad; thence north 89 degrees 46 minutes 09 seconds west along said
north right of way line of the Chicago, Milwaukee, St. Paul and pacific railroad,
60.00 feet to the Point of beginning. Meets and bounds legal description: That part
of the southwest quarter of section 3 and part of the northwest quarter of section
10, all in township 41 north, Range 8 east of the third principal meridian
described as follows: commencing at the intersection of the center of Crystal Lake
Road and the north line of the right-of-way of the Chicago, Milwaukee, St. Paul
and pacific railroad; thence north 90 Degrees 00 minutes 00 seconds west along
said north right of way line, 250.00 feet; thence north 00 degrees 58 minutes 33
seconds west along a line parallel to the center line of Mclean Boulevard
(formerly Crystal Lake Road), 70.00 feet to the point of beginning; thence
continuing north 00 degrees 58 minutes 33 seconds west along said line, 110.00
feet; thence south 90 Degrees 00 minutes 00 seconds east along a line parallel to
the north right of way line of Chicago, Milwaukee, St. Paul and Pacific railroad,
209.99 feet to a point on west right of way line of McLean Boulevard; thence
south 00 degrees 58 minutes 33 seconds east along said line, 84.06 feet; thence
south 39 degrees 12 minutes 00 seconds west, 33.61 feet to a point on the north
right of way line of big timber road; thence north 89 degrees 57 minutes 57
seconds west along said line, 188.31 feet to the point of beginning, in Kane
County, Illinois (property commonly known as 1570 Big Timber Road).
be and is hereby granted subject to the following conditions:
1. Substantial conformance with the Statement of Purpose, Conformance and
Departures, prepared by Speedway SuperAmerica, L.L.C., and dated May 24,
2004.
2. Substantial conformance to the Plot Plan, prepared by Speedway SuperAmerica
L.L.C., dated March 12, 2004, with a final revision date of June 14, 2004.
3. Substantial conformance to the Site Plan, prepared by Speedway SuperAmerica
L.L.C., dated November 5, 2002, with a final revision date of June 14, 2004,
subject to the following revisions.
4. Substantial conformance to the Permit & Zoning Drawing (Building Elevations),
prepared by Speedway SuperAmerica L.L.C., dated March 16, 2004.
5. Substantial conformance to the Signage Plan & Details, prepared by Speedway
SuperAmerica L.L.C., dated November 5, 2002, with a final revision date of
March 12, 2004, and with the following exception: the freestanding sign shall
comply with the surface area and height requirements of the zoning ordinance.
6. Substantial conformance to the Landscape Plan, prepared by Speedway
SuperAmerica L.L.C., dated November 5, 2002, with a final revision date of
rik June 14, 2004.
7. One additional deciduous or shade tree shall be planted within the vehicle use area
just north of the proposed sign
8. The exterior building materials for the brick dumpster enclosure shall match the
exterior building materials of the principal building.
9. All roof mounted equipment shall be screened by the roof structure itself, not by
fencing or other screening materials.
10. Compliance with all 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.
Ed Schock, ayor
Presented: July 14, 2004
Passed: : July 14, 2004
Omnibus Vote: Yeas: 6 Nays: 0
Recorded: July 15, 2004
Published:
Attest:
44;1--Y-C_ Ae--(--/-*,;---
Dolonna Mecum, City Clerk
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June 2, 2004
FINDINGS OF FACT
Zoning and Subdivision Hearing Board City of Elgin, Illinois
SUBJECT
Consideration of Petition 33-04 Requesting a Conditional Use for a Planned Development to Permit
the Redevelopment of an Existing Motor Vehicle Service Station within the AB Area Business
District and the ARC Arterial Road Corridor;Property Located at 1570 Big Timber Road,by Andy
Kummerer as Applicant, and Speedway SuperAmerica L.L.C., as Owner.
GENERAL INFORMATION
Requested Action: Conditional Use Approval
Current Zoning: AB Area Business District
ARC Arterial Road Corridor District
Existing Use: Motor Vehicle Service Station
Proposed Use: Motor Vehicle Service Station
Property Location: 1570 Big Timber Road
Applicant: Andy Kummerer
Owner: Speedway SuperAmerica, L.L.C.
Staff Coordinator: Lauren Pruss, Senior 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. Site Photos (see attached)
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Exhibit`'A
Findings of Fact Zoning and Subdivision Hearing Board
r" Petition 33-04 June 2, 2004
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F. Statement of Purpose and Conformance (see attached)
G. Draft Conditional Use Ordinance (see attached)
H. Correspondence (see attached)
BACKGROUND
An application has been filed by Andy Kummerer, requesting a conditional use for a planned
development. The subject property is located at 1570 Big Timber Road(reference Exhibits A,B,C,
D, and E).
The applicant proposes to demolish the existing gas station and redevelop the site with a new 3,000
square foot gas station and convenience store. The new gas station building will be constructed of
high quality masonry materials, and the site will be entirely reconstructed and landscaped.
Conditional use approval is required for all new buildings located within the ARC District over
1,000 square feet in size. Additionally,motor vehicle service stations are classified as a conditional
use in the AB District(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 33-04 on June 2, 2004. The applicant testified at the public
hearing and presented documentary evidence in support of the application. Public testimony was
presented at the public hearing. Written correspondence has been submitted. Staff submitted a
Conditional Use Review dated May 24, 2004.
The Zoning and Subdivision Hearing Board has made the following findings concerning the
standards for a conditional use for a planned development:
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 and any existing
improvements.
Findings: The subject property is suitable for the proposed planned development with
respect to the site characteristics standard.
The subject property is a regularly shaped parcel containing approximately 23,000 square feet
of lot area.The site is currently improved with a motor vehicle service station and associated
improvements.
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 33-04 June 2, 2004
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 water,
sanitary treatment and stormwater control facilities.
Findings: The subject property is suitable for the proposed planned development with
respect to the sewer and water standard.
The subject property is served with municipal water,sanitary sewer,and storm water control
facilities.
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 proposed planned development with
respect to the traffic and parking standard.
The subject property is located at the northwest corner of Big Timber Road and North
McLean Boulevard. Both streets are arterial streets serving the west side of Elgin.
Two points of access to the site are proposed;one from each street. Off street parking will be
provided in conformance with the zoning ordinance.
D. Zoning History Standard.The suitability of the subject property for the proposed planned
development 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 conditional use for a planned
development with respect to the length of time the property has remained undeveloped or
unused in its current zoning district.The subject property was zoned as follows for the years
listed:
1927: Out of City
1950: Out of City
1962: Out of City
1992: B4 General Service District
Present: AB Area Business District
ARC Arterial Road Corridor Overlay District
The subject property was annexed and zoned B4 District in 1970. A motor vehicle service
station was established at the site in 1986.
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 33-04 June 2, 2004
E. Surrounding Land Use and Zoning Standard.The suitability of the subject property for
the intended conditional use for a planned development with respect to consistency and
compatibility with surrounding land use and zoning.
Findings: The subject property is suitable for the proposed planned development with
respect to the surrounding land use and zoning standard.
The areas to the north,east,and west are zoned AB Area Business District and are developed
with a variety of commercial uses. The area to the south is zoned CI Commercial Industrial
District and is developed with a multiple tenant retail center. The area to the southeast is
zoned GI General Industrial District and is developed with a variety of light industrial land
uses.
F. Trend of Development Standard. The suitability of the subject property for the intended
conditional use for a planned development with respect to its consistency with an existing
pattern of development or an identifiable trend of development in the area.
Findings:The subject property may be suitable for the proposed planned development with
respect to the trend of development standard.
The subject property is located within an area developed with a mix of commercial and light
industrial land uses.
G. Zoning District 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, and the location and size of a zoning district.
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
CC 1 Center City 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 motor vehicle service station is in substantial conformance with the purpose
and intent of the AB District. The applicant has designed the site in a manner that
substantially conforms to the site design requirements of the AB District and has provided
high quality masonry building materials for the proposed building.
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 33-04 June 2, 2004
H. 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.
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 City of Elgin
Comprehensive Plan. The ARC zoning district is a zoning overlay district,and accordingly,
a property located within the district shall also be subject to the regulations of the underlying
zoning district in which it is located.
Findings: The subject property may be 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 proposed planned development is in substantial conformance with the purpose and intent
of the planned development and arterial road corridor provisions. The proposed building is
designed with quality building materials which will increase the building's appeal.The site
layout has been redesigned to provide more efficient traffic movements internally on the site,
by the elimination of one curb cut and the relocation of the building to the west lot line.
I. Comprehensive Plan Standard. The suitability of the subject property for the intended
conditional use for a planned development with respect to conformance to the goals,
objectives, and policies of the official comprehensive plan.
Findings: The subject property may be suitable for the proposed planned development with
regard to the comprehensive plan standard.
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Findings of Fact Zoning and Subdivision Hearing Board
rr"*. Petition 33-04 June 2, 2004
The subject property is designated as "area/village center"by the Official Comprehensive
Plan of Elgin. This designation provides for commercial areas which serve a group of
neighborhoods. Motor vehicle service stations are compatible with this designation.
J. Natural Preservation Standard. The suitability of the subject property for the intended
conditional use for a 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 proposed planned development with regard
to the natural preservation standard.
There are no significant natural features present at the subject property which are worthy of
preservation.
K. Internal Land Use Standard. The suitability of the subject property for the intended
conditional use for a 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 proposed planned development with regard
to the internal land use standard.
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.
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 AB Area Business District:
19.12.600—Obstructions in Yards. Refuse enclosures are not a permitted obstruction in a street
yard. The applicant is proposing to locate a refuse enclosure in a street yard.
19.45.110—Access Drives to a Public Right of Way. A maximum of one access drive to a public
right of way is permitted for each individual street frontage. The applicant is proposing two access
drives along Big Timber Road.
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 33-04 June 2, 2004
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.
Positive Attributes. The proposed planned development is in substantial conformance with
the standards for a conditional use for a planned development. The proposed conditional use
will permit the redevelopment of an existing motor vehicle service station at a highly visible
location. The redevelopment of this site will provide a markedly visible aesthetic
improvement of an existing business through the use of high quality masonry building
materials, and the update of existing signage on site. Additionally, the site layout has been
redesigned to provide more efficient traffic movements internally on the site, by the
elimination of one curb cut and the relocation of the building to the west lot line.
B. Summary of Unresolved Issues.
The Zoning and Subdivision Hearing Board recommends that the applicant comply with the
maximum allowed number of access drives to Big Timber Road. The applicant is proposing
two access drives to Big Timber Road.
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 recommends the approval of Petition 33-04. On a
motion to recommend approval of the conditional use,subject to the following conditions,the vote
was six(6)yes and zero(0)no:
1. Substantial conformance with the Statement of Purpose, Conformance and
Departures,prepared by Speedway SuperAmerica,L.L.C.,and dated May 24,2004.
2. Substantial conformance to the Plot Plan, prepared by Speedway SuperAmerica
L.L.C.,dated March 12,2004,with a final revision date of April 30,2004,subject to
the following revisions:
a. The freestanding telephone booth shall either be eliminated or relocated to
the front building façade.
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 33-04 June 2, 2004
7. Substantial conformance to the Photometric Plan, prepared by Speedway
SuperAmerica L.L.C., dated March 12, 2004,with a final revision date of April 30,
2004, subject to the following revisions:
a. Maximum foot candles shall be provided at all property lines.
b. Maximum foot candles at the property lines shall not exceed 0.5 foot candles.
b. Elevations of all proposed exterior light fixtures, indicating the height and
wattage of the proposed fixture.
8. The exterior building materials for the brick dumpster enclosure shall match the
exterior building materials of the principal building.
9. The canopy columns shall be constructed of real hand-laid brick to match the
proposed building.
10. Compliance with all applicable codes and ordinances.
Therefore, the motion to recommend approval of Petition 33-04 was adopted.
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Respectfully submitted:
th * dw
Robert Langlois, airm
Zoning and Subdivision Baring Board
0,
-n Pruss, Secretary
Zoning and Subdivision Hearing Board
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