G76-06 Ordinance No. G76-06
AN ORDINANCE
GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT TO PERMIT THE
ESTABLISHMENT OF A MOTOR VEHICLE SERVICE STATION AND A CONVENIENCE
FOOD STORE IN THE NB NEIGHBORHOOD BUSINESS DISTRICT AND THE ARC
ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT
(300 South State Street)
WHEREAS, written application has been made requesting conditional use approval for a
planned development to permit the establishment of a motor vehicle service station and a
convenience food store in the Neighborhood Business District and the ARC Arterial Road
Corridor Overlay District at 300 South State Street; 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
r Fact, dated September 6, 2006, 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 to permit the
establishment of a motor vehicle service station and a convenience food store in the NB
Neighborhood Business District and the ARC Arterial Road Corridor Overlay District at 300
South State Street and legally described as follows:
Lot six (6) (except the Westerly thirty-four (34) feet thereof) assessor's
division to Elgin of Part of Farm Lot five (5) and Lots six (6), seven (7)
and eight (8) of the Northeast quarter of Section twenty-three (23) and
part of the Southeast quarter of Section fourteen (14), Township forty-
one (41) North, Range eight (8) East of the Third Principal Meridian, in
Kane County, Illinois. Less and except that portion acquired by the
Illinois Department of Transportation by virtue of a court order issued by
the Kane County, Illinois Circuit Court for the 16th Judicial Circuit filed
in court records on July 2, 1975 as part of condemnation action 75-ED-
4059.
Also except that part of lot 6 of assessor's subdivision to Elgin of part
of Farm Lot 5 and Lots 6, 7 and 8 of the Northeast quarter of Section 23
Township 41 North, Range 8, East of the Third Principal Meridian,
Kane County, described as follows: Beginning at a point on the East
line of said Lot 6 of the assessor's subdivision, 12.0 feet Southerly of the
Northeast corner of said Lot 6 as measured along the said East line;
thence Northerly along the said East line, 12.0 feet to the said Northeast
corner; thence Westerly 13.0 feet along the North line of said Lot 6
which forms an angle of 91°-08'-30" to the left with a prolongation of
the last described course; thence Southeasterly 17.52 feet along a line
which forms an angle of 136°-46' to the left with a prolongation of the
last described course to the point of beginning, in the City of Elgin,
Kane County, Illinois (property commonly known as 300 South State
Street).
be and is hereby granted subject to the following conditions:
1. Substantial conformance to the Statement of Purpose and Conformance prepared
and submitted by M Cube Petro Four Inc., undated.
2. Substantial conformance to the proposed Site Plan and Landscape Plan(Sheet No.
Al) prepared by Nick Scarlatis &Associates, Ltd., and dated April 30, 2006.
3. Substantial conformance to the proposed Floor Plan and Interior Remodel (Sheet
No. A2) and Ceiling Plan (Sheet No. A3) prepared by Nick Scarlatis &
Associates, Ltd., and dated April 30, 2006.
4. Substantial conformance to the proposed Building Elevations (Sheet No. A4)
prepared by Nick Scarlatis &Associates, Ltd., and dated April 30, 2006.
5. Elevations of all proposed exterior light fixtures, indicating the height and wattage
of the proposed fixture shall be designed as approved by the Community
Development Group.
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
r
Presented: October 25, 2006
Passed: October 25, 2006
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: October 26, 2006
Published:
Attest:
Dolonna Mecum, City Clerk
r
September 15, 2006
FINDINGS OF FACT
Zoning and Subdivision Hearing Board City of Elgin,Illinois
SUBJECT
Consideration of Petition 53-06 Requesting Conditional Use Approval for a Planned Development in
the NB Neighborhood Business District and the ARC Arterial Road Corridor Overlay District,to
Permit the establishment of a Motor Vehicle Service Station and a Convenience Food Store;
Property Located at 300 South State Street by M Cube Petro Four Inc., as Applicant, and Parkway
Bank and Trust Company Trust No. 13604, as Owner.
BACKGROUND
Requested Action: Conditional Use Approval
Current Zoning: NB Neighborhood Business District
ARC Arterial Road Corridor Overlay District
Existing Use: Vacant
Proposed Use: Motor Vehicle Service Station and Convenience Food Store
Property Location: 300 South State Street
Applicant: M Cube Petro Four Inc.
Owner: Parkway Bank and Trust Company Trust No. 13604
Staff Coordinator: Denise Momodu, Associate 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. Environmental Map EXHIBIT (see attached)
F. Site Photos - (see attached)
Findings of Fact Zoning and Subdivision Board
Petition 53-06 September 15, 2006
G. Development Plan (see attached)
H. Draft Conditional Use Ordinance (see attached)
I. Standards for Conditional Uses (see attached)
J. Correspondence (see attached)
BACKGROUND
An application has been filed by M Cube Petro Four Inc.,requesting a conditional use for a planned
development in the NB Neighborhood Business District and the ARC Arterial Road Corridor
Overlay District to permit the establishment of a motor vehicle service station and a convenience
food store. The subject property is located at 300 South State Street(reference Exhibits A,B,C,D,
E and F).
The applicant is proposing to establish a motor vehicle service station and a 24 hour convenience
food store. The convenience food store will occupy 2,091 square feet of floor area. The applicant is
proposing to remodel the interior and exterior of the existing building. The exterior of the building
will be improved with masonry materials,and the site will be entirely reconstructed and landscaped.
�i A motor vehicle service station and convenience food store are classified as conditional uses in the
NB District(reference Exhibits G, H, and I).
GENERAL FINDINGS
After due notice, as required by law, the Zoning and Subdivision Hearing Board held a public
hearing in consideration of Petition 53-06 on September 6, 2006. The applicant testified at the
public hearing. Objectors spoke at the public hearing. Written correspondence has been submitted
(reference Exhibit J). The Community Development Group submitted a Conditional Use Review,
dated August 30, 2006.
The Zoning and Subdivision Hearing Board has made the following general findings.
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 not suitable for the intended zoning district with respect to
the site characteristics standard.
The subject property is a regularly shaped parcel consisting of 10,716 square feet of lot area.
The property is improved with an existing 2,091 square foot commercial building and gravel
and paved areas.
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•
Findings of Fact Zoning and Subdivision Board
Petition 53-06 September 15, 2006
The subject property is not large enough to provide for safe and efficient on site and off site
traffic movements as currently designed.
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 for a 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 not suitable for the intended conditional use for a planned
development with respect to the traffic and parking standard.
The subject property is located at the southwest corner of the intersection of Walnut Avenue
and State Street (Route 31). State Street is an arterial road which serves the west side of
Elgin. Walnut Avenue is a collector road west of State Street,serving the west side of Elgin.
Two points of access to the site are provided; one full access from Walnut Avenue and one
from South State Street. The State Street access point is being restricted to a right in and
right out access point only. This access point on State Street is located too close to the
Walnut Avenue intersection and will cause traffic conflicts.
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
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.
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: B Residential District
1950: D Commercial
1960: D Commercial
1961: D Commercial
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Findings of Fact Zoning and Subdivision Board
Petition 53-06 September 15, 2006
1962: B-3 Service Business District
1992: B-3 Service Business District
Present: NB Neighborhood Business District
ARC Arterial Road Corridor Overlay District
A motor vehicle service station and convenience food store was established at the site in
1964, but the use was abandoned prior to 2000.
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 intended conditional use for a planned
development with respect to consistency and compatibility with surrounding land use and
zoning.
The subject property is located at the far southwestern edge of the center city. The areas
located to the north,south,east and west are zoned NB Neighborhood Business District and
are developed with commercial uses.
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 within an area developed with a mix of commercial uses, a
funeral home, a restaurant, insurance company, and upper floor apartment dwellings.
G. 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 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 an NB Zoning District is limited by the applicable site design
regulations due to its function and resulting close proximity to residences.
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 use is a lawful conditional use in the NB Neighborhood Business District.
Departures from the site design requirements of the NB District will be necessary for the
redevelopment of the site as proposed. The site will be brought into conformance with the
landscaping and sign ordinances as part of the planned development process.
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• Findings of Fact Zoning and Subdivision Board
trik Petition 53-06 September 15, 2006
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 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 applicant proposes to finish off the exterior of the existing building with brick. The
proposed canopies will be supported by brick columns. Landscaping will be provided
around the east and north sides of the building and within the proposed vehicle use areas.
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 "Neighborhood Mixed Use Center" by the City's
Comprehensive Plan and Design Guidelines(2005). Neighborhood Mixed-Use centers are
designed to meet the daily "convenience" goods and services needs of residence in
immediately adjacent neighborhoods.There size would not generally exceed 10 to 30 acres,
and would include a mix of small scale retail/service uses,a neighborhood park,and possibly
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