G78-06 Ordinance No. G78-06
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
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.
d Schock, Mayor
Presented: November 8, 2006
Passed: November 8, 2006
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: November 9, 2006
Published:
Attest:
Dolonna Mecum, City Clerk
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September 6, 2006
FINDINGS OF FACT
Zoning and Subdivision Hearing Board City of Elgin,Illinois
SUBJECT
Consideration o f Pei:ition 72-06 Requesting a Conditional Use for a Planned Development in the CI
Commercial Industrial District and the ARC Arterial Road Corridor Overlay District,to Permit the
Construction of an Auto Body Shop; Property Located at 830 Villa Street, by Elias Jaramillo, as
Applicant and Owner.
GENERAL IN FO:ItMATION
Requested Actic)n: Conditional Use Approval
Current Zoning: CI Commercial Industrial District
ARC Arterial Road Corridor Overlay District
Existing Use: Auto Repair Shop and Residence with Attached Office
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Proposed Use: Auto Repair Shop
Property Location: 830 Villa Street
Applicant/Own!r: Elias Jaramillo
Staff Coordinator: Janice Ward, Senior Planner
LIST OF EXE IBITS
A. Locatio}u Map (see attached)
B. Zoning Vlap (see attached)
C. Parcel Map (see attached)
D. Aerial Photo (see attached)
E. Environmental Map (see attached)
F. Site Photos (see attached)
EXHIBIT
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Findings of Fact Zoning and Subdivision Hearing Board
"'^ Petition 72-06 September 6,2006
The subject property is an irregularly shaped parcel containing 28,187 square feet of lot area.
The property, currently is improved with a one-story residence and attached office, an auto
body shop, and a parking lot.
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 stor n w ter control facilities.
Findings. The subject property is suitable for the intended conditional use for a planned
develop.nen:with respect to the sewer and water standard.
The subject property is served with municipal water,sanitary sewer,and storm water control
facilitie c.
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.
Findinl:s. The subject property is suitable for the intended conditional use for a planned
development with respect to the traffic and parking standard.
The subject property is located along Villa Street. Villa Street is an arterial street serving the
east side of:Elgin.
Off-street p:irking is proposed in conformance with the Off-Street Parking Ordinance. The
proposed parking lot on the subject property will provide a total of 27 off-street parking
spaces.
D. Zoning History Standard. The suitability of the subject property for the intended zoning
district Kith 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
develoX'mut with respect to the length of time the property has remained undeveloped or
unused in its current zoning district.
1927: B Residential District
1950: E Commercial District
1960: E Commercial District
1961: E Commercial District
1962: B4 General Service Business District
1992: B4 General Service Business District
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Findings of Fa;.t Zoning and Subdivision Hearing Board
Petition 72-06 September 6,2006
The pur dose of the CI Commercial Industrial District is to provide for an existing pattern of
develop men:in which certain commercial uses and industrial uses have located together.
The land uses provided for within the CI zoning district are also provided for within other
zoning distri cts, which in general are more in keeping with the purpose and intent of the
zoning ordinance and the goals,objectives and policies of the Official Comprehensive Plan.
The pur nose:and intent of the ARC Arterial Road Corridor Overlay District is to promote and
facilitat,:the implementation of the objectives, policies, and strategies of the City of Elgin
Comprehemive Plan. The ARC zoning district is a zoning overlay district,and accordingly,
a propel ty located within the district shall also be subject to the regulations of the underlying
zoning district in which it is located.
The cur rent use of the subject property is in substantial conformance with the purpose and
intent o['the CI District. The site substantially conforms to the site design requirements of
the CI District.
H. Conditional Use for a Planned Development. The suitability of the subject property for the
intended conditional use for a planned development with respect to conformance for the
purpose and intent of the planned development.
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
situatio 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
type:3 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
grea ter 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 of the ARC district is to ensure quality development along the entryway
corridors into the City of Elgin. The building design should demonstrate high quality
architecture:on all elevations with the primary use of masonry building materials.
Findings: The subject property is suitable for the intended conditional use for a planned
developmer.t with respect to conformance to the purpose and intent of a conditional use for a
planner de`s elopment standard.
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Findings of Fact Zoning and Subdivision Hearing Board
e Petition 72-06 September 6,2006
Finding.,:The subject property is suitable for the proposed planned development with regard
to the ini ernal land use standard.
The proposed development will be regulated by the terms and conditions of the planned
developrnem ordinances controlling the use and development of a commercial area. The
planned development ordinance is intended to prevent undue detrimental influence on the
proposes I internal land uses and on the surrounding properties. Note,also,that the site layout
has beer designed to provide efficient traffic movements internally on the site.
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. i'osilive Attributes. The proposed planned development is in substantial
onfo3rmance with the standards for a conditional use for a planned development.
The proposed conditional use will permit the redevelopment of a site along an arterial
<;orri dor. The proposed redevelopment will provide an aesthetically appealing
building that is constructed of quality masonry building materials, an improved site
plan for the business use, and additional landscaping.
2. L:occ;Lion, Design, and Operation. No evidence has been submitted or found that the
proposed conditional use will be located,designed,or operated in a manner that will
csxereise undue detrimental influence on itself or surrounding property. Additionally,
the site layout has been designed to provide efficient traffic movements internally on
the site.
B. Summary of Unresolved Issues.
There a]•e ni•unresolved issues.
C. Summary of Alternatives.
Other tl an an approval,a denial,or an approval with some combination of conditions,there
are no substantive alternatives.
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