HomeMy WebLinkAboutG35-20 Ordinance No. G35-20
AN ORDINANCE
FURTHER AMENDING PAB PLANNED AREA BUSINESS DISTRICT ORDINANCE NO.
G39-10 TO ESTABLISH A NEW OUTLOT FOR THE CONSTRUCTION OF A NEW FREE
STANDING BUILDING WITH ACCESSORY PARKING
(1350-1380 East Chicago Street)
WHEREAS, the territory herein described has been classified in the PAB Planned Area
Business District by Ordinance No. G75-06; and
WHEREAS, by adopting Ordinance No. G39-10 on August 11, 2010, the City Council
amended Ordinance No. G75-06 in its entirety; and
WHEREAS, by adopting Ordinance No. G55-12 on September 26, 2012, and Ordinance
No. G45-13 on October 23, 2013, the City Council amended certain provisions of Ordinance No.
G39-10,and
WHEREAS, written application has been made to further amend PAB Planned Area
Business District Ordinance No. G39-10, as amended by Ordinance No. G55-12 and Ordinance
No. G45-13,to subdivide the property commonly known as 1350 East Chicago Street"High Point
Plaza"to establish a new outlot for the construction of a new freestanding building with accessory
parking, and
WHEREAS,the Planning and Zoning Commission conducted a public hearing concerning
said application on August 3, 2020, following due notice including by publication; and
WHEREAS, the Community Development Department and the Planning and Zoning
Commission have submitted their Findings of Fact concerning said application; and
WHEREAS, the Community Development Department and the Planning and Zoning
Commission recommend approval of said application, subject to the conditions articulated below;
and
WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and
recommendations of the Community Development Department and the Planning and Zoning
Commission; and
WHEREAS,the City of Elgin is a home rule unit and as a home rule unit may exercise any
power and perform any function pertaining to its government and affairs; and
WHEREAS, zoning, including, but not limited to, this ordinance granting an amendment
to the PAB Planned Area Business District established by Ordinance No. G39-10, as amended by
Ordinance No. G55-12 and Ordinance No. G45-13, pertains to the government and affairs of the
city.
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 August 3, 2020, and the recommendations made by the Community Development
Department and the Planning and Zoning Commission, a copy of which is attached hereto and
made a part hereof by reference as Exhibit A.
Section 2. That Section 4. F. of Ordinance No. G39-10, which regulates "Site Design" in
the PAB Planned Area Business District of the Subject Property, is hereby amended only as set
forth in this ordinance to allow a subdivision of the property commonly known as 1350 East
Chicago Street "High Point Plaza" to establish a new outlot for the construction of a new
freestanding building with accessory parking, and shall include the following additional
conditions:
7. Substantial conformance to the Development Application submitted by RWE
Management Company, as applicant, and Dearborn Construction and Development,
LTD. as property owner, received June 17, 2020,and supporting documents including:
a. A letter regarding: "Elgin Animal Clinic Consent & Disclosure", dated June 18,
2020;
b. Final Plat of Subdivision Irving Shales Subdivision, prepared by Haeger
Engineering, dated July 15, 2020, with such further revisions as required by the
City Engineer;
c. Site Plan Exhibit C Irving Shales Development Elgin, Illinois, prepared by Haeger
Engineering, dated July 16, 2020, with such further revisions as required by the
Community Development Director;
d. Undated and Untitled landscape plan, prepared by Countywide Landscaping, dated
received August 3, 2020;
e. Architectural Site Plan Sheet PD-0.1, prepared by RWE Design Build, dated July
30, 2020, with such further revisions as required by the Community Development
Director;
f. Architectural Sign Plan Sheet PD-0.2, prepared by RWE Design Build, dated July
30, 2020, with such further revisions as required by the Community Development
Director;
g. Photometric Site Plan Sheet PD-0.3, prepared by RWE Design Build, dated July
30, 2020, with such further revisions as required by the Community Development
Director;
h. Photometric Information & Details plan Sheet PD-0.4, prepared by RWE Design
Build, dated July 30, 2020, with such further revisions as required by the
Community Development Director;
i. Architectural Floor Plan Sheet PD-1.0,prepared by RWE Design Build, dated July
30, 2020, with such further revisions as required by the Community Development
Director;
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j. Architectural Elevations Sheets PD-4.0 and PD-4.1, prepared by RWE Design
Build, dated July 30, 2020, with such further revisions as required by the
Community Development Director;
k. Undated material board photo, received June 15, 2020, with such further revisions
as required by the Community Development Director; and
1. Final Site Improvement Plans for Elgin Animal Clinic 1350 E. Chicago Street (IL.
RT. 19) Elgin, Illinois, prepared by Advantage Consulting Engineers, dated July
14, 2020, with such further revisions as required by the City Engineer.
In the event of any conflict between such documents and the terms of this ordinance or
other applicable city ordinances, the terms of this ordinance or other applicable city
ordinances shall supersede and control.
8. A departure is hereby granted to allow the location of a refuse collection area in the
street yard along Shales Parkway on Lot 2 of the Final Plat of Subdivision Irving Shales
Subdivision.
9. A departure is hereby granted to allow the construction of a six-foot high wall in the
street yard along Shales Parkway for a refuse collection area enclosure on Lot 2 of the
Final Plat of Subdivision Irving Shales Subdivision.
10. A departure is hereby granted to allow the construction of vehicle use areas with no
required setback (0 feet) from interior lot lines on and between Lot 1 and Lot 2 of the
Final Plat of Subdivision Irving Shales Subdivision.
11. Prior to the issuance of the building permit, the applicant shall submit a copy of the
recorded "Ingress/Egress and Cross Access Easement" for Lot 2, and "Parking
Easement" for Lot 1 of the Final Plat of Subdivision Irving Shales Subdivision.
12. All street graphics must comply with the zoning ordinance requirements. Any wall
signs to be installed on the proposed building on Lot 2 of the Final Plat of Subdivision
Irving Shales Subdivision shall not be box signs, and must be channel letters.
13. No less than once daily when the business is open, the applicant shall inspect the
exterior premises of the property, and remove any animal waste from the property and
adjacent parkways.
14. Compliance with all applicable codes and ordinances.
Section 3.That as further amended herein,the use and development of the Subject Property
shall be controlled pursuant to the provisions of Ordinance No. G39-10, as amended by Ordinance
No. G55-12, and Ordinance No. G45-13. In the event of any conflict between this ordinance and
Ordinances No. G39-10, G55-12, and G45-13, this ordinance and associated documents shall
control and prevail.
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Section 4. That this ordinance shall be in full force and effect immediately after its passage
in the manner provided by law. )
David J. Ka in, ayor
Presented: September 9, 2020
Passed: September 9, 2020
Omnibus Vote: Yeas: 9 Nays: 0 • Y°i ,tip
Recorded: September 9, 2020 , ' '`` -lC:,.
Published: September 10, 2020 �`�T,110 � ,�y _
Attest• `�; _ _ ?'fi•.,<
72)jii%
Kimberly Dewi ty C erk `"
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FINDINGS OF FACT
PETITIONS 15-20 and 16-20
1350-1380 E. Chicago St.
EXHIBIT A
August 3 2020
RECOMMENDATION & FINDINGS OF FACT
OF THE COMMUNITY DEVELOPMENT DEPARTMENT AND
THE PLANNING & ZONING COMMISSION
CITY OF ELGIN, IL
OVERVIEW
Provided herein are the written findings and recommendation of the Community Development
Department and the Planning & Zoning Commission regarding Petitions 15-20 and 16-20, an
application by RWE Management Company, as applicant, and Dearborn Construction and
Development Ltd., as property owner, requesting approval of a preliminary and final plat of
subdivision, and an amendment to the PAB Planned Area Business District Ordinance No. G39-
10, as amended by Ordinance No. G55-12 and Ordinance No. G45-13, with departures from the
Elgin Municipal Code requirements for the location of a refuse collection area,the height of a solid
fence or wall within the street yard,vehicle use area interior yard setback,and any other departures
as may be necessary or desirable to construct a 3,078-square foot one-story building for veterinary
services for household pets at the property commonly referred to as 1350-1380 E. Chicago Street.
GENERAL INFORMATION
Petition Number: 15-20 and 16-20
Property Location: 1350-1380 E. Chicago Street
Requested Action: Preliminary and Final Plat of Subdivision and
Map Amendment to Planned Development
Current Zoning: PAB Area Business District(Ordinances No. G39-10, G55-12 and
G45-13) and ARC Arterial Road Corridor Overlay District
Proposed Zoning: PAB Planned Area Business District and ARC Arterial Road
Corridor Overlay District
Existing Use: Vacant, undeveloped land within an existing multi-tenant shopping
center
Proposed Use: Veterinary services for household pets
Applicant: RWE Management Company
Recommendation& Findings of Fact
Petitions 15-20 and 16-20
August 3, 2020
Owner Dearborn Construction and Development, LTD.
Staff Coordinators: Damir Latinovic, AICP, Senior Planner
Exhibits Attached: A. Aerial/Location Map
B. Zoning Map
C. Parcel Map
D. Site Location
E. Development Application and Attachments
F. Draft Ordinance
G. PAB Ordinances Nos. G39-10, G55-12, and G45-13
BACKGROUND
RWE Management Company, as applicant, and Dearborn Construction and Development Ltd., as
property owner, are requesting approval of a preliminary and final plat of subdivision, and an
amendment to the PAB Planned Area Business District Ordinance No. G39-10, as amended by
Ordinance No. G55-12 and Ordinance No. G45-13, with departures from the Elgin Municipal
Code requirements for the location of a refuse collection area, the height of a solid fence or wall
within the street yard, vehicle use area interior yard setback, and any other departures as may be
necessary or desirable to construct a 3,078-square foot one-story building for veterinary services
for household pets at the property commonly referred to as 1350-1380 E. Chicago Street.
The subject property is vacant, undeveloped land located within the 4.57-acre High Point Plaza
shopping center,which is located at the northwest corner of Shales Parkway and E.Chicago Street.
High Point Plaza was approved in 2006 as a multi-tenant shopping center with 33,000-square feet
in two multi-tenant buildings and 180 parking spaces. Current tenants include several sit-down
and carry-out restaurants, including Subway and La Michoana, personal service uses, such as
beauty and nail salons, and several office uses such as financial and insurance companies. The
shopping center is well occupied with only two vacant tenant spaces.
-2 -
Recommendation & Findings of Fact
Petitions 15-20 and 16-20
August 3,2020
The 2006 approval contemplated Phase 2 development of an outlot building at the hard corner of
Shales Parkway and E. Chicago Street. A vacant, undeveloped, open space remains at the hard
corner where the Phase 2 outlot was planned(Figure 2). Per the original approval, an amendment
to the Planned Development with review by the Planning and Zoning Commission and City
Council is required for the approval of the Phase 2 development.
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Figure 1.Site area map with zoning overlay of High Point Plaza shopping center
The High Point Plaza shopping center is surrounded by streets on three sides: Shales Parkway on
the east, E. Chicago Street on the south, and Philips Way on the west. The properties to the north
are zoned PRC Planned Residential Conservation District and include several single-family homes
part of Woodland Creek Subdivision. The properties to the east across Shales Parkway are located
in unincorporated Cook County and are improved with Corn-Ed utility lines and single-family
homes. The property to the south across E. Chicago Street is zoned CI Commercial Industrial
District and is improved with a new and used motor—vehicle dealership (Biggers Chevrolet). The
property to the west across Phillips Way is also zoned CI Commercial Industrial District and
improved with a new and used motor-vehicle dealership(Biggers Mazda).
Proposal
The applicant is proposing to subdivide the shopping center into two lots to create a new outlot for
the construction of a stand-alone commercial building for Elgin Animal Clinic,a veterinary service
for household pets. The existing shopping center buildings and all existing parking spaces(except
- 3 -
Recommendation & Findings of Fact
Petitions 15-20 and 16-20
August 3, 2020
for 3 stalls) would be located on the 163,529-square foot Lot 1, while the new building for Elgin
Animal Clinic and 22 parking spaces would be located on the 35,219-square foot Lot 2 (outlot).
The new one-story building for Elgin Animal Clinic would be 3,078-square feet. The site layout
would seamlessly connect to the existing shopping center parking lot(Figure 3).The outlot would
include 22 parking spaces (19 new parking spaces and three existing parking spaces already part
of the shopping center). The applicant is not proposing any new access driveways for the outlot.
The access to the site would be provided from the existing shopping center. The main entrance to
Elgin Animal Clinic would be located on the west side of the building. A refuse collection area
would be located on the east side of the building but would be attached to the building and enclosed
with a 6-foot high masonry wall matching the exterior of the building. The exterior of the building
would be constructed of brick in a color matching the existing shopping center buildings. The
applicant would construct a sidewalk from the new building to the existing public sidewalk along
E. Chicago Street and a connection to the existing shopping center building.
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Figure 2. Proposed outlot layout
Elgin Animal Clinic is currently located in a 2,000-square foot commercial space within the High
Point Plaza shopping center. The clinic is looking to expand its operation to the new 3,078-square
foot building tailored to meet its veterinary needs,with separate areas for cats and dogs,designated
X-ray room, and a surgery room, among others. The clinic offers veterinary services, including
but not limited to wellness exams, vaccinations, spay/neuter surgery, and fracture repairs for
household pets, including dogs, cats, rabbits, pocket pets, reptiles, and birds. The clinic would be
-4-
Recommendation & Findings of Fact
Petitions 15-20 and 16-20
August 3,2020
open 8:00 AM to 7:00 PM Monday-Friday and 9:00 AM to 5:00 PM on Saturday and Sunday. The
clinic would have up to eight employees during its busiest shift.
The existing shopping center and the proposed outlot would be owned and operated by two
separate entities and each lot would stand alone from a regulatory parking perspective. The new
building is required to provide a total of 16 parking spaces based on the parking requirement for
two parking spaces per exam/treatment room, plus one parking space per employee during the
peak shift. The applicant is proposing to construct 19 new parking spaces on the new outlot. As
such, the proposed Elgin Animal Clinic in the new building will meet its parking requirement.
Three of the existing 180 parking spaces would be located on the proposed outlot, and applicant
would establish a cross parking easement over those three parking spaces for the tenants,
employees and the visitors of all commercial tenants within the main shopping center. As such,
180 parking spaces would remain available for the existing shopping center.
If a new tenant is established in the proposed outlot building in the future, either by taking over
the Elgin Animal Clinic building, or by the construction of an addition to the proposed building,
additional parking spaces may need to be provided, or a shared parking agreement would have to
be arranged with the owner of the existing shopping center.
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Figure 3. Proposed floor plan for Elgin Animal Clinic
- 5 -
Recommendation & Findings of Fact
Petitions 15-20 and 16-20
August 3,2020
Departures from the Zoning Ordinance Requirements
The proposed development requires several departures from the requirements of the PAB Planned
Area Business District Ordinance No.G39-10 as amended by Ordinance No.G55-12 and No.G45-
13, and the requirements of the zoning ordinance. The requested departures are summarized in
Table 1 below, and are further described in Planned Development Departures and Exceptions
section of the staff report further below.
Table 1.Detail of Required Departures
Requirement Proposed
Location of a refuse collection In rear yard only In street yard along
area Shales Parkway
Height of a fence/wall in street Max. 4-ft. high open design Max. 6 ft. high solid
yard fence, or a 3-ft. high solid wall wall
Vehicle use area interior yard Min. 6 ft. from side and rear lot 0 ft. (no setback)
setback lines between Lot 1 and Lot 2
The Community Development Department offers the following additional information:
A. Property History. The subject property was annexed to the City in 1988. Upon
annexation,the property was zoned B4 General Service District. In 1992,the property was
zoned AB Area Business District as part of the comprehensive amendment to the zoning
ordinance. In 2001, the property became part of the ARC Arterial Road Corridor Overlay
District.
In 2006, the City approved the construction of the 33,000-sqaure foot High Point Plaza
Shopping Center by Ordinance No. G75-06. The two multi-tenant buildings were
completed in 2009. In 2010,the City approved Ordinance No. G39-10 which amended the
planned development and granted a conditional use to allow a driving school within the
shopping center. In 2012, the City approved Ordinance No. G55-12, which amended the
planned development to expand the list of permitted and conditional uses. In 2013,the City
approved Ordinance No. G45-13,which amended the planned development again to allow
a car-wash bay for Hertz rental car.
Over the years,the City has also approved three conditional use ordinances which allowed
a packaged liquor store in 2008 (Ord.No.G72-08),a physical fitness facility in 2010(Ord.
No. G26-10), and a drinking place with outdoor eating for McGregor's Irish Pub in 2012,
which was replaced with Papa Saverio's Pizza Pub. That space is currently vacant.
B. Surrounding Land Use and Zoning.The High Point Plaza shopping center is surrounded
by streets on three sides: Shales Parkway on the east, E. Chicago Street on the south, and
Philips Way on the west. The properties to the north are zoned PRC Planned Residential
- 6-
Recommendation & Findings of Fact
Petitions 15-20 and 16-20
August 3, 2020
Conservation District and include several single-family homes part of Woodland Creek
Subdivision.The properties to the east across Shales Parkway are located in unincorporated
Cook County and are improved with Corn-Ed utility lines and single-family homes. The
property to the south across E. Chicago Street is zoned CI Commercial Industrial District
and is improved with a new and used motor—vehicle dealership (Biggers Chevrolet). The
property to the west across Phillips Way is also zoned CI Commercial Industrial District
and improved with a new and used motor-vehicle dealership(Biggers Mazda).
C. Comprehensive Plan.The subject property is designated as Corridor Commercial by the
City's 2018 Comprehensive Plan. Located along the City's heavily traveled corridors and
intersection, Corridor Commercial areas provide retail services to both local and regional
consumer bases. These areas contain a mix of retail from large community centers with
multiple tenants to smaller stand-along businesses.Corridor Commercial areas are the most
widely accommodating and ranging commercial areas within the city. Corridor
Commercial areas are auto-oriented by nature but should also be enhanced to be pedestrian-
friendly.
D. Zoning District. The purpose of the PAB Planned Area Business District established by
Ordinance No. G39-10 is to provide commodities and services to several neighborhoods,
and in some instances, to a communitywide or regional supporting population subject to
Chapter 19.60 Planned Developments,of the Elgin Municipal Code. A PAB zoning district
is most similar to, but departs from the standard requirements of,the AB zoning district.
E. Trend of Development. The subject property is located along the East Chicago Street
arterial corridor. The development along East Chicago Street between Willard Avenue on
the west and Shales Parkway on the east has been characterized by automobile dealerships,
auto-oriented businesses, and stand-alone retail and restaurant buildings. Except for a few
small properties near the intersection of E. Chicago Street and Willard Avenue,High Point
Plaza shopping center is the only general retail commercial development east of Willard
Avenue along E. Chicago Street. Staff anticipates the property will continue to offer
commercial space for general retail uses, while the remainder of the corridor will likely
continue to be dominated by auto-oriented uses.
FINDINGS
After due notice as required by law, the Planning & Zoning Commission conducted a public
hearing in consideration of Petitions 15-20 and 16-20 on August 3,2020.Testimony was presented
at the public hearing in support of the application. The Community Development Department
submitted a Development Application Review and Written Findings & Recommendation to the
Planning&Zoning Commission dated August 3, 2020.
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Recommendation & Findings of Fact
Petitions 15-20 and 16-20
August 3, 2020
The Community Development Department and the Planning & Zoning Commission have made
the following findings regarding the application against the standards for map amendments
outlined in § 19.55.030 and planned developments outlined in § 19.60.040:
STANDARDS FOR MAP AMENDMENTS AND PLANNED DEVELOPMENTS
A. Site Characteristics Standard. The suitability of the subject property for the planned
development with respect to its size, shape, significant natural features including
topography, watercourses and vegetation and existing improvements.
Findings. The subject property is suitable for the intended planned development with
respect to its size, shape, significant features including topography, watercourses,
vegetation, and existing improvements. The 35,219-square foot outlot is vacant,
undeveloped,generally flat open space with no significant topographical change.There are
no existing watercourses and there is little landscaping on this portion of the greater
shopping center property. The vacant outlot was originally contemplated for its own
building and is still well suited to accommodate a stand-alone commercial building. The
applicant would install extensive landscaping throughout the new outlot with 11 new trees
on site.
B. Sewer and Water Standard. The suitability of the subject property for the planned
development with respect to the availability of adequate Municipal water, wastewater
treatment and stormwater control facilities.
Findings. The subject property is suitable for the intended planned development with
respect to the availability of adequate water, sanitary treatment, and storm water control
facilities. The proposed building would be located on vacant land that was previously
contemplated for an outlot building. All necessary municipal water, sanitary sewer, and
stormwater utilities already exist and are located in the vicinity of the site. The applicant
would connect its sanitary sewer and water service line to the existing sanitary and water
utilities located within the shopping center parking lot near E. Chicago Street. The
shopping center also includes an underground detention facility, and the applicant would
connect its storm sewer facilities to the existing underground detention. The existing
underground stormwater detention facility can adequately serve the proposed building.
C. Traffic and Parking Standard. The suitability of the subject property for the planned
development with respect to the provision of safe and efficient on-site and off-site vehicular
circulation designed to minimize traffic congestion.
1. Nonresidential land uses should be located central and accessible to the area or
population served without requiring traffic movements through or into a residential
neighborhood. Nonresidential land uses should not be located within residential
neighborhoods, but on their periphery as defined by the "arterial street"[SR]system.
2. The number of locations for vehicular access to or from a public right of way should be
- 8 -
Recommendation& Findings of Fact
Petitions 15-20 and 16-20
August 3, 2020
limited to those which are necessary for the reasonable use of the property and
consistent with current traffic engineering standards. Property with two (2) street
frontages should not be permitted access to or from the street with the higher degree of
continuity within the overall street system or with the higher traffic volume. With the
exception of residential driveways, locations for vehicular access to or from a public
right of way should be aligned directly opposite existing or approved locations across
the street.
Findings. The subject property is suitable for the intended planned development with
respect to the provision of safe and efficient on-site and off-site vehicular circulation
designed to minimize traffic congestion. The shopping center was designed to
accommodate the proposed outlot building. The new outlot would not include any new
access driveways to Shales Parkway or E. Chicago Street. Instead, the access to the site
would be from the existing shopping center parking lot. The site layout of the new outlot
would seamlessly connect to the existing shopping center parking lot. The proposed
development would not have any negative effect on the existing on-site and off-site traffic
circulation.
The existing shopping center and the proposed outlot would be owned and operated by two
separate entities and each provides its own regulatory parking.The new building is required
to provide 16 parking spaces based on the parking requirement for two parking spaces per
exam/treatment room, plus one parking space per employee during the peak shift. The
applicant is proposing to construct 19 new parking spaces on the new outlot. As such, the
proposed Elgin Animal Clinic will meet its parking requirement.
Three of the existing 180 parking spaces would also be located on the proposed outlot,and
applicant would establish a cross parking easement over those three parking spaces for the
tenants,employees and the visitors of commercial tenants within the main shopping center.
As such, 180 parking spaces would remain available for the existing shopping center and
the new outlot would not result in the loss of any existing parking spaces.
D. Zoning History Standard. The suitability of the subject property for the planned
development with respect to the length of time the property has remained undeveloped or
unused in its current zoning district.
Findings. The property is suitable for the intended 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 annexed to the City in 1988. Upon annexation, the
property was zoned B4 General Service District. In 1992,the property was zoned AB Area
Business District as part of the comprehensive amendment to the zoning ordinance. In
2001, the property became part of the ARC Arterial Road Corridor Overlay District.
In 2006, the City approved the construction of the 33,000-sqaure foot High Point Plaza
-9-
Recommendation & Findings of Fact
Petitions 15-20 and 16-20
August 3, 2020
Shopping Center by Ordinance No. G75-06. The two multi-tenant buildings were
completed in 2009. In 2010, the City approved Ordinance No.G39-10 which amended the
planned development and granted a conditional use to allow a driving school within the
shopping center. In 2012, the City approved Ordinance No. G55-12, which amended the
planned development to expand the list of permitted and conditional uses. In 2013,the City
approved Ordinance No. G45-13,which amended the planned development again to allow
a car-wash bay for Hertz rental car.
Over the years,the City has also approved three conditional use ordinances which allowed
a packaged liquor store in 2008 (Ord.No.G72-08),a physical fitness facility in 2010(Ord.
No. G26-10), and a drinking place with outdoor eating for McGregor's Irish Pub in 2012,
which was replaced with Papa Saverio's Pizza Pub. That space is currently vacant.
E. Surrounding Land Use and Zoning Standard. The suitability of the subject property for
the planned development with respect to consistency and compatibility with surrounding
land use and zoning.
Findings. The property is suitable for the intended planned development with respect to
consistency and compatibility with surrounding land uses and zoning.The High Point Plaza
shopping center is surrounded by streets on three sides: Shales Parkway on the east, E.
Chicago Street on the south, and Philips Way on the west. The properties to the north are
zoned PRC Planned Residential Conservation District and include several single-family
homes part of Woodland Creek Subdivision. The properties to the east across Shales
Parkway are located in unincorporated Cook County and are improved with Com-Ed utility
lines and single-family homes.The property to the south across E. Chicago Street is zoned
CI Commercial Industrial District and is improved with a new and used motor—vehicle
dealership(Biggers Chevrolet).The property to the west across Phillips Way is also zoned
CI Commercial Industrial District and improved with a new and used motor-vehicle
dealership(Biggers Mazda).
F. Trend of Development Standard. The suitability of the subject property for the planned
development with respect to consistency with an existing pattern of development or an
identifiable trend of development in the area.
Findings.The subject property is suited for the intended planned development with respect
to consistency with an existing pattern of development or an identifiable trend of
development in the area. The subject property is located along the East Chicago Street
arterial corridor. The development along East Chicago Street between Willard Avenue on
the west and Shales Parkway on the east has been characterized by automobile dealerships,
auto-oriented businesses, and stand-alone retail and restaurant buildings. Except for a few
small properties near the intersection of E.Chicago Street and Willard Avenue,High Point
Plaza shopping center is the only general retail commercial development east of Willard
Avenue along E. Chicago Street. Staff anticipates the property will continue to offer
- 10 -
Recommendation & Findings of Fact
Petitions 15-20 and 16-20
August 3,2020
commercial space for general retail uses, while the remainder of the corridor will likely
continue to be dominated by auto-oriented uses.
G. Planned Development District Standard: The suitability of the subject property for the
intended planned development district with respect to conformance to the provisions for
the purpose and intent, and the location and size of a zoning district.
Findings. The subject property is suitable for the intended planned development 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 PAB Planned Area Business District
established by Ordinance No. G39-10 is to provide commodities and services to several
neighborhoods, and in some instances, to a communitywide or regional supporting
population subject to Chapter 19.60 Planned Developments, of the Elgin Municipal Code.
A PAB zoning district is most similar to, but departs from the standard requirements of,
the AB zoning district.
H. Comprehensive Plan Standard. The suitability of the subject property for the planned
development with respect to conformance to the goals, objectives, and policies of the
Official Comprehensive Plan
Findings. The subject property is suitable for the intended planned development with
respect to conformance to the goals,objectives,and policies of the Official Comprehensive
Plan. The subject property is designated as Corridor Commercial by the City's 2018
Comprehensive Plan. Located along the City's heavily traveled corridors and intersection,
Corridor Commercial areas provide retail services to both local and regional consumer
bases. These areas contain a mix of retail from large community centers with multiple
tenants to smaller stand-along businesses. Corridor Commercial areas are the most widely
accommodating and ranging commercial areas within the city. Corridor Commercial areas
are auto-oriented by nature but should also be enhanced to be pedestrian-friendly.
ADDITIONAL STANDARDS FOR PLANNED DEVELOPMENTS
Conditional Use for a Planned Development: Where applicable, the suitability of the
subject property for the intended conditional use for a planned development with respect
to the provision for the purpose and intent of planned developments and with respect to the
provisions of section 19.65.010 of the zoning ordinance. 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.
Findings. This standard is not applicable. The applicant is not seeking approval of a
planned development as a conditional use.
- 11 -
Recommendation & Findings of Fact
Petitions 15-20 and 16-20
August 3, 2020
J. 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 preservation of all significant natural features including topography,
watercourses, wetlands, and vegetation. There are no significant natural features including
topography, watercourses, wetlands or vegetation. The outlot is vacant, undeveloped,
generally flat open space land well suited for a stand-alone commercial building. The
applicant would install all required landscaping with 11 new shade trees. The proposal
represents a desirable infill development that will enjoy great visibility from both Shales
Parkway and E. Chicago Street.
K. Internal Land Use. 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 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
properties. The proposal represents an infill development on a vacant, undeveloped land
part of an existing shopping center. When the shopping center was developed, it was
contemplated that a commercial stand-alone outlot building would be located at this corner.
The site layout of the new outlot would seamlessly connect to the existing shopping center
parking lot. While the access to the new outlot would be from the existing shopping center
parking lot, the new outlot would not result in the loss of any existing parking spaces. In
addition, no new access driveways to Shales Parkway or E. Chicago Street would be
constructed. The proposed development would not have any detrimental influence on the
surrounding shopping center property.
PLANNED DEVELOPMENT DEPARTURES AND EXCEPTIONS
The applicant is requesting the following departures from the requirements of Ordinance No.G39-
10, as amended by Ordinance No. G55-12 and Ordinance No. G45-13, and the zoning ordinance:
1. Section 19.12.600, "Obstructions in Yards". A refuse collection area is only permitted
in the rear yard.The applicant is proposing to construct a refuse collection area in the street
yard along Shales Parkway.
2. Section 19.90.015, "Definitions and Regulations". A solid wall with a maximum height
of three feet is permitted in the street yard. The applicant is proposing to construct a six
foot high solid wall in the street yard along Shales Parkway for the required refuse
- 12 -
Recommendation & Findings of Fact
Petitions 15-20 and 16-20
August 3, 2020
enclosure.
3. Section 19.35.435, "Site Design". The minimum required vehicle use area interior yard
setback is six feet on both Lot 1 and Lot 2. The applicant is proposing no vehicle use area
interior yard setback(0 feet) from interior lot lines between the proposed Lot 1 and Lot 2.
Staff fmds the proposed departures are appropriate and necessary to achieve a desirable infill
development within an existing shopping center.
The proposed site layout of the new outlot seamlessly connects to the existing parking lot of the
shopping center. The outlot has two street yards along Shales Parkway and E. Chicago Street, but
the front of the new building faces west because the access to the building and the site is from the
shopping center parking lot. The refuse collection area is appropriately located on the opposite
side of the building's main entrance, but is located in the street yard where a departure for its
location is necessary.The applicant is proposing to attach the refuse collection area to the building
to minimize any negative effect when seen from adjacent roadways. In addition, the applicant is
proposing to enclose the refuse collection area with a solid brick wall that matches the exterior of
the building to further minimize any negative effect of the refuse collection area.
The requested departure for 0-foot vehicle use area interior yard setback between Lots 1 and 2 is
necessary due to the location and access to the new outlot(Lot 2). As no new access driveways for
Lot 2 are permitted along Shales Parkway and E. Chicago Street,the access to the site is provided
from the existing shopping center parking lot. To achieve a seamless and appropriate transition
between the existing shopping center parking lot and the parking lot of the proposed outlot, the
vehicle use areas are abutting each other without a setback. The proposed layout is the appropriate
way to design a new outlot with minimal impact on the existing onsite and offsite traffic
circulation.
RECOMMENDATION
The Community Development Department and the Planning & Zoning Commission recommend
approval of Petitions 15-20 and 16-20, subject to the following conditions:
1. Substantial conformance to the Development Application submitted by RWE Management
Company, as applicant, and Dearborn Construction and Development, LTD. as property
owner,received June 17, 2020, and supporting documents including:
a. A letter regarding: "Elgin Animal Clinic Consent&Disclosure", dated June 18, 2020;
b. Final Plat of Subdivision Irving Shales Subdivision,prepared by Haeger Engineering,
dated July 15, 2020, with such further revisions as required by the City Engineer;
c. Site Plan Exhibit C Irving Shales Development Elgin, Illinois, prepared by Haeger
Engineering, dated July 16, 2020, with such further revisions as required by the
- 13 -
Recommendation & Findings of Fact
Petitions 15-20 and 16-20
August 3, 2020
Community Development Director;
d. Undated and Untitled landscape plan, prepared by Countywide Landscaping, dated
received June 15, 2020;
e. Architectural Site Plan Sheet PD-0.1, prepared by RWE Design Build, dated July 14,
2020,with such further revisions as required by the Community Development Director;
f. Architectural Sign Plan Sheet PD-0.2,prepared by RWE Design Build, dated July 14,
2020,with such further revisions as required by the Community Development Director;
g. Photometric Site Plan Sheet PD-0.3, prepared by RWE Design Build, dated July 14,
2020,with such further revisions as required by the Community Development Director;
h. Photometric Information&Details plan Sheet PD-0.4,prepared by RWE Design Build,
dated July 14, 2020, with such further revisions as required by the Community
Development Director;
i. Architectural Floor Plan Sheet PD-1.0,prepared by RWE Design Build,dated July 14,
2020,with such further revisions as required by the Community Development Director;
j. Architectural Elevations Sheets PD-4.0 and PD-4.1, prepared by RWE Design Build,
dated July 14, 2020, with such further revisions as required by the Community
Development Director;
k. Undated material board photo, received June 15, 2020, with such further revisions as
required by the Community Development Director; and
1. Final Site Improvement Plans for Elgin Animal Clinic 1350 E. Chicago Street(IL. RT.
19) Elgin, Illinois,prepared by Advantage Consulting Engineers, dated July 14, 2020,
with such further revisions as required by the City Engineer.
In the event of any conflict between such documents and the terms of this ordinance or
other applicable city ordinances, the terms of this ordinance or other applicable city
ordinances shall supersede and control.
2. A departure is hereby granted to allow the location of a refuse collection area in the street
yard along Shales Parkway on Lot 2 of the Final Plat of Subdivision Irving Shales
Subdivision.
3. A departure is hereby granted to allow the construction of a six-foot high wall in the street
yard along Shales Parkway for a refuse collection area enclosure on Lot 2 of the Final Plat
of Subdivision Irving Shales Subdivision.
4. A departure is hereby granted to allow the construction of vehicle use areas with no
required setback(0 feet) from interior lot lines on and between Lot 1 and Lot 2 of the Final
Plat of Subdivision Irving Shales Subdivision.
5. Prior to the issuance of the building permit, the applicant shall submit a copy of the
recorded"Ingress/Egress and Cross Access Easement" for Lot 2, and"Parking Easement"
for Lot 1 of the Final Plat of Subdivision Irving Shales Subdivision.
- 14-
Recommendation& Findings of Fact
Petitions 15-20 and 16-20
August 3, 2020
6. All street graphics must comply with the zoning ordinance requirements. Any wall signs
to be installed on the proposed building on Lot 2 of the Final Plat of Subdivision Irving
Shales Subdivision shall not be box signs, and must be channel letters.
7. No less than once daily when the business is open, the applicant shall inspect the exterior
premises of the property, and remove any animal waste from the property and adjacent
parkways.
8. Compliance with all applicable codes and ordinances.
The vote of the Planning&Zoning Commission on the motion to recommend approval, subject to
the conditions outlined by the Community Development Department,was five(5)yes,zero(0)no,
and zero(0)abstentions. One member was absent.
Respectfully Submitted,
s/Jay Cox
Jay Cox,Chairman
Planning&Zoning Commission
s/Damir Latinovic
Damir Latinovic, AICP; Secretary
Planning&Zoning Commission
- 15 -
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EXHIBIT D
SITE LOCATION
1350-1380 E. Chicago Street
Petitions 15-20 and 16-20
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EXHIBIT D
SITE LOCATION
1350-1380 E. Chicago Street
Petitions 15-20 and 16-20
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EXHIBIT D
SITE LOCATION
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Petitions 15-20 and 16-20
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