Loading...
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; - 2 - 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. - 3 - 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 `" - 4 - 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. ` ., lir f .:6510 '..,L . i High Point Plaza r � ..n.: . I -+1. 4a '* a s } shopping center + , f �,i • t. ibit 1f • i h s.'Phase 2 outlot f '!, :„, . 5 -.7 ••• 1 , 7, 7. 4'Ar i t. i �� �.. S • 14 l5^ *`, I' Rom_ '" Tig Alpo '7+__ e. - •�; w w . _ r ti . �— — flC-�= , �- ' t i� • i . R 1 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. )'". 1. •• - _'- 1auu Ill, , C..a.-.a' -` f wen+ceu�cvw 'f'4••r i —_�.. o I`ll,' •_ o l.l:l�� �— j, , M 1 *s_-- 1 17 d wedtiO K - .*Fr. - -t "" r.. *.i WA - I. (� Ic--- 1 _ i.w a •" ~ n ...vr.t N1 CACO-EC S I MHO rIR V•N O.l/A.. ROA O) _ _ _-- __ - - S/A r it C R O Y F F-M O 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. 7 M w �� L_J w40 IM # wtM Q �w { warm Pamir 1 L I am s_ 1 ) • awu • I pmppl �► ►- r-1 1 1 1111II a on we wwr ! f i I j rya t , Tali , , H 1 r- (----1 ! , , , ,___ . 1 Li ± _i_. , 1 , -, LM aNl5 0 i �� r I �` RI II ;Ili [sae wrr. I 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. - 7 - 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 - - Air IllI111111 WI - . 10111 .. t�10,"114110S s00 110140A AVM ritillrft* A '44**74„,„,,011-Sak .„s '' - 1,1_ wiiiiitiffitiati,„, , ..:, E 'i .„ Rosewood Ct .,„ -'es 4 I iiigem . Villir 1111 <tzekb, r ��jz01:NM Nib, k� Subject Property 1 Cr 1 �� di ..... Petition 15-20 & 16-20 IL 1101 • alit • ....„_ . .1,4 ad 11111ingdisik.. „.„ __ gill L. - •ii. 11„ ii. o • iiiima is E Chicago St T r G,aaat�°eli <n N "pi lak • aC 1 :` IUItIIIIHgr tr Irlllll!!11111 w 11111111 I N I i. Intl 1111111111111111111I 11 r 4 un,nnri„r„ 1 (,t OM rTho=ie r i r h • • 0 - 110%, 11 lie Qa .111k room D ,o,, ,�1�1.`J. �II' ''�'/ 4 Rug 47- :z f. ft_ I I I I.. Illipela giamo I* - . . - " EXHIBITA Aerial/Location Map AN W4 E S Map prepared by City of Elgin 0 120 240 480 720 96Feet Department of Community Development ------JJy "PRC 0 CF IIII h . zr---1„. m,i,,-.-, A 1111SFR.2c,wr u Iles ro PRUtri Subject Property Petition 15-20 & 16-20 AN PAB lit pAB Cg UNIIegend �' 0 oft Petition_15-20_16-20_Area iti I = RC 1 Residence Conservation 1 = RC2 Residence Conservation 2 = RC3 Residence Conservation 3 Li iii. PRC Planned Residence Conservation V SFR1 Single Family Residence 1 EMB o e 111.11 PSFR1 Planned Single Family Residence 1 �•y$(°I70 s. ;It'll' 1 (gE �� . SFR2 Single Family Residence 2 � PSFR2 Planned Single Family Residence 2 PMFR TRF Two Family Residence = PTRF Planned Two Family Residence _ k MFR Multiple Family Residence \ 1%1 Of... *ai..1.111.1 PMFR Planned Multiple Family Residence RB Residence Business 1111 = PRB Planned Residential Business IIIII NB Neighborhood Business I= PNB Planned Neighborhood Business O _Jue: ' AB Area Business PAB Planned Area Business CC1 Center City 1 CC2 Center City 2 PCC Planned Center City ORI Office Research Industrial PORI Planned Office Research Industna Ili - ' GI General Industrial Ol - PGI Planned General Industrial '4.2' CI Commercial Industrial 111 ' i ,'I CF Community Facility ((�y PCF Planned Community Facility Nth* _''l W EXHIBITS Zoning Map " N+E S Map prepared by City of Elgin 0 100 200 400 600 800 Feet Department of Community Development Subject Property a\G�t 1380 E. Chicago St. �Qa�t Petition 15-20 & 16-20 11 cp N -13 06173000340000 06173000330000 Ina 06201000100000 19 E Chicago St EXHIBITC Parcel Map A City of Elgin 0 25 50 100 150 200 Department of Community Development Feet EXHIBIT D SITE LOCATION 1350-1380 E. Chicago Street Petitions 15-20 and 16-20 �' .r. High Point Plaza Sho••n• Center d.,..-1_...,,.,, -i 0-ii.Ji..-.-.4'r 7P_.*..,-....a -:%.7-(-:.., 0• ". .l. `i''S--.-S...---te"-all-ege-I.-,.-.,-_-._,- _... A1, _...-. 00 ,i. , /V1., iri,i2i,,s'. e.• Road0L191 g { fl y,,st vying Pack Bird's eye view looking north r� • r� • �.� d OL i. to 77:-: ? Ta. r `t' O' I. dd _ ` -. t w' : ch:::9:::eet ,1 0 O— _ Il :'- 1‘1,:. ....?;. - - t` ' West Irving Park Road_cIL 19) _ _ __ st Sr (IL 1 •t IV -T alma ilia . • _ gialer ult= .wilt t' S p� a► a {�,•� /MI! M i d * ' — . - . -,... 1 -t • , . al.„...tt - a, „,„; i .. - 11111. Jf1 Gr{J'r1C)LE'f I(Lf ( •Ii, I ill dt Bird's eye view looking south EXHIBIT D SITE LOCATION 1350-1380 E. Chicago Street Petitions 15-20 and 16-20 w .7;5 ii�,,•t mot.•. �I E f-` . , High Point Plaza `_ '. r .,. 1 . �, shopping center t. if L� Asa..,. , . 111 1 I i -.. ..._ i 1 it . f _ _ ,1 ! .. a { �y i •+ 3 Phase 2 outlot I4111116., .�... .- - O/. , A-..•, ram"' it" r I I ' YY e fr (''• • 'o a < !: r !'Et 1 , ,y I rI Site area map with zoning overlay EXHIBIT D SITE LOCATION 1350-1380 E. Chicago Street Petitions 15-20 and 16-20 • • "1.4. -44 . • 44 • I die 111 , 'Jr 3R Nil- • - ••• Ani.. _ r • 4"' ;:b41%,, •*A ••1'' • .'10101 • • Western multi-tenant building of the existing shopping center 4. ri• I L •tes, I-1 . -- WO' II 'F'We • k• _ • _ • • • • . t;•/, - • • ,ar- 74" - • , ' Northern multi-tenant building of the existing shopping center