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HomeMy WebLinkAbout01/27/2011 P&Z Minutes 16-10 MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ-16-10 Hearing Date: January 27, 2011 PROPERTY ADDRESS: 1020 E. Rand Road PETITIONER : Atlas Oil Company PUBLICATION DATE: January 12, 2011 PIN NUMBER: 03-35-301-020-0000 REQUEST: Conditional Use approval for a Gas Station MEMBERS PRESENT: Richard Rogers, Chair William Beattie Joseph Donnelly Leo Floros Theo Foggy Ronald Roberts Keith Youngquist MEMBERS ABSENT: None STAFF MEMBERS PRESENT: Brian Simmons, AICP, Deputy Director of Community Development Consuelo Andrade, Development Review Planner INTERESTED PARTY : Dan Soltis Chairman Richard Rogers called the meeting to order at 7:32 p.m. Chairman Rogers stated that the last case on the agenda, PZ-19-10, 1601 S. Busse Road would be continued to the February 24, 2011 Planning and Zoning Meeting. Mr. Donnelly made a motion to approve the minutes of the October 28, 2010 meeting; Mr. Beattie seconded the motion. The minutes were approved 7-0. Chairman Rogers introduced Case PZ-16-10, 1020 E. Rand Road at 7:35 p.m. Ms. Andrade stated the Petitioner for PZ-16-10 was seeking Conditional Use approval to operate a gas station at 1020 E. Rand Road. Ms. Andrade said the Subject Property is located at the intersection of Rand, Central and Mount Prospect Roads. The site currently included a vacant gas station. The principal building is a one-story block building located at the southwest corner of the site. To the east, there are three gas pumps, and one canopy above the gas pumps. The Subject Property is zoned B3 Community Shopping and is bordered to the south by the RA Single-Family Residential District, and to the west, north, east by the B3 District. Ms. Andrade stated in 2002 the Subject Property was granted Conditional Use approval to operate a gas station with a convenience store. In 2007, the gas station closed and the property has been vacant since then. Since more than 12 months have passed since the gas station was in operation, the Conditional Use expired. The Petitioner was required to obtain a new Conditional Use to reopen the gas station as gas stations are listed as Conditional Uses in the B3 district. Ms. Andrade said the Subject Property currently does not comply with the Village’s zoning regulations. Per the plat of survey, the existing lot coverage and building setbacks are non-conforming. The overall lot coverage is approximately 88%, which exceeds the maximum 75% lot coverage permitted in the B3 District. The building’s Richard Rogers, Chair PZ-16-10 Planning & Zoning Commission Meeting January 27, 2011 Page 1 of 3 existing front yard setbacks are 0.53 feet along Mount Prospect Road and 8.56 feet along Central Road when the current Village Code requires 30 feet. Ms. Andrade stated the canopy also encroached into the front yard setbacks. The canopy’s front yard setbacks are 6.56 feet along Central Road and 3 feet along Rand Road when the requirement is 30 feet. As part of the 2002 zoning approvals, the Subject Property received support of a setback variation for the canopy. The existing lot coverage and building setbacks would not change with the Petitioner’s proposal. Ms. Andrade said the standards for Conditional Uses are listed in the Zoning Ordinance and include specific findings that must be made in order to approve a Conditional Use. The following is a summary of these findings: The Conditional Use will not have a detrimental impact on the public health, safety, morals, comfort or general welfare; The Conditional Use will not be injurious to the use, enjoyment, or value of other properties in the vicinity or impede the orderly development of those properties; And adequate provision for utilities, drainage, and design of access and egress to minimize congestion on Village streets are provided. Ms. Andrade stated the Subject Property is currently a vacant gas station within a commercial corridor. The Petitioner proposed to reestablish the gas station with convenience store similar to the previous use. The proposal is of a similar intensity to the surrounding commercial area.Other departments reviewed the Petitioner’s proposal and did not object to the use or find that it would have an adverse impact on the adjacent tenants or properties. However, they did note that the site shall be brought up to compliance with Illinois Accessibility Code standards. The standards include providing ramps, detectable warnings, and adequate clearances that comply with the Illinois Accessibility Code. Additionally, the site shall be cleaned up with the removal of any rubbish and replacement of dead plantings. Ms. Andrade said the proposed gas station met the Conditional Use standards contained in Section 14.203.F.8 of the Zoning Ordinance subject to complying with the conditions listed below. Based on these findings, Staff recommended that the Planning & Zoning Commission approve the motion listed in the Staff report. Chairman Rogers swore in Dan Soltis, Director of Real Estate Development and Construction for Atlas Oil Company, 1507 Richter Drive, Batavia, Illinois. Mr. Soltis said that Atlas Oil Company purchased the subject property in October and the intent was to open a new and improved Citgo Gas Station. There would be minor cosmetic changes inside with decals and painting. The Petitioner wanted to open as quickly as possible in February. Chairman Rogers asked if the station was previously a Citgo. Mr. Soltis confirmed that it was, but his company had no affiliation with the previous owner of the station. He stated that he would like to keep the station open as long as they can. Mr. Soltis said that his company invests pride and energy with each location they re-open. The intent is to run a successful business. Chairman Rogers asked the Petitioner if he was aware of the minimal access in and out of the site and if that will present any problems. Mr. Soltis stated that there would not be any problems with access as they have looked at the feasibility of the site. He said that they felt very confident with the traffic flow. Chairman Rogers asked the Petitioner if he understood Staff’s requests in regards to the Illinois Accessibility Code, landscaping, and cleaning up the site. Mr. Soltis agreed to Staff’s requests and stated that they have already completed some of the landscape work in October and November. Richard Rogers, Chair PZ-16-10 Planning & Zoning Commission Meeting January 27, 2011 Page 2 of 3 Mr. Roberts asked if the Subject Property would only have retail and gas with no auto repair service. Mr. Soltis said that was correct. Only a convenience store and fuel would be on site. Mr. Beattie asked if Staff had an issue with signs. Ms. Andrade said a sign package was not submitted as part of the request, but knew the Petitioner was interested in replacing some of the existing signage. New signage would be required to comply with Village Code. Ms. Andrade believed some sign permits had already been issued for some of the signs. Mr. Soltis confirmed that sign permits had been approved and issued recently. Chairman Rogers said that the Planning and Zoning Commission previously granted one additional wall sign facing south. He confirmed with the Petitioner that no additional wall signs would be requested for the north or west side of the existing building. Chairman Rogers asked if there was anyone else in the audience to address this case. Hearing none, he closed the public portion of the case at 7:46 p.m. and brought the discussion back to the board. Mr. Floros made a motion to approve a Conditional Use permit for a gas station at 1020 E. Rand Road, Case No. PZ-16-10 subject to the conditions listed in the staff report. Mr. Donnelly seconded the motion. UPON ROLL CALL: AYES: Beattie, Donnelly, Floros, Foggy, Roberts, Rogers, Youngquist NAYS: None Motion was approved 7-0. The Village Board’s decision is final for this case. After hearing two additional cases, Mr. Donnelly made a motion, seconded by Mr. Beattie to adjourn at 8:58 p.m. The motion was approved by a voice vote and the meeting was adjourned. ________________________________________ Ryan Kast, Community Development Administrative Assistant Richard Rogers, Chair PZ-16-10 Planning & Zoning Commission Meeting January 27, 2011 Page 3 of 3