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HomeMy WebLinkAboutG2-16 (2) Ordinance No. G2-16 AN ORDINANCE AMENDING PORI PLANNED OFFICE RESEARCH INDUSTRIAL DISTRICT ORDINANCE NO. G68-07 (2650 Automall Drive—Lots 8 and 9 of Randall Rose Auto Mall Subdivision) WHEREAS, the territory herein described has been classified in the PORI Planned Office Research Industrial District pursuant to Ordinance No. G68-07; and WHEREAS,the Randall Rose Auto Mall Subdivision(the "Subject Property")is the subject of a certain Development Agreement originally dated December 5, 2007 (the "Development Agreement") between the Developers identified therein and the City; and WHEREAS,the development of the Randall Rose Auto Mall Subdivision was approved with the passage of Ordinance No. G68-07 restricting the land uses exclusively to'`New Vehicles Sales" contingent upon the Developers and owners receiving from the city any Development Incentives as defined in the Development Agreement; and WHEREAS, Ordinance No. G68-07 further provides that prior to any use of the Subject Property for New Vehicle Sales that the Subject Property could instead had been developed with "ORI Land Uses"as defined and identified within Section 3E2 "Other Uses"of Ordinance G68-07; and WHEREAS, Lots 2 and 7 of the nine developable lots within the Randall Rose Auto Mall Subdivision have been developed with land uses related to "New Vehicle Sales"and the Developer and owners have received Development Incentives from the city pursuant to the Development Agreement with respect thereto; and WHEREAS,the Development Agreement and Ordinance No. G68-07 currently require that the remaining lots within the Randall Rose Auto Mall Subdivision be utilized only for New Vehicle Sales uses; and WHEREAS,the current owner and successor developer is proposing the sale of Lots 8 and 9 in the Subdivision and the construction of a new industrial building on vacant Lots 8 and 9 within the subdivision; and WHEREAS, the city is amenable to amending the Development Agreement pursuant to a Fourth Amendment to the Development Agreement and to amend Ordinance No. G68-07 with respect to Lots 8 and 9 only to allow for the construction of a new industrial building containing "ORI Land Uses" on Lots 8 and 9 as provided for within Ordinance No. G68-07 and as further provided for in this ordinance; and WHEREAS, written application has been made to amend Ordinance No. G68-07 to permit the construction of a new industrial facility on Lots 8 and 9 in the PORI Planned Office Research Industrial District; and WHEREAS, after due notice in the manner provided by law the Planning and Zoning Commission conducted a public hearing concerning said application and has submitted its written findings and recommendations; and WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Planning and Development Commission; and WHEREAS, on January 27, 2016,pursuant to Resolution No. 16-9,the City Council of the City of Elgin approved a Fourth Amendment to the Development Agreement of the Subject Property which provides,among other matters,for the removal of the so-called Auto Mall Restriction for Lots 8 and 9 and the requirement that Lots 8 and 9 be utilized only for New Vehicle Sales so as to allow for the rezoning of Lots 8 and 9 within the Randall Rose Auto Mall Subdivision as provided for within this ordinance. 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 November 2,2015,made by 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 Ordinance No. G68-07 entitled "An Ordinance Classifying Previously Annexed Territory in the PORT Planned Office Research Industrial District," passed December 6, 2007, be and is hereby amended only as set forth below with respect to Lots 8 and 9 only in the Randall Rose Auto Mall Subdivision, such Lots 8 and 9 being legally described as follows: LOTS 8 AND 9, IN RANDALL ROSE AUTO MALL BEING A SUBDIVISION IN THE SOUTH HALF OF SECTION 30,TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 18, 2007 AS DOCUMENT NUMBER 2007K122789 IN THE CITY OF ELGIN, KANE COUNTY,ILLINOIS (Property Commonly known as 2650 Automall Drive). A. Section 3E2 of Ordinance No. G68-07 entitled "Other Uses" is hereby amended to provide for the following additional sub-paragraph: "b. Lots 8 and 9 within Randall Rose Auto Mall Subdivision shall be permitted the construction of a new industrial building containing''ORI Land Uses"as defined and identified within this Section 3E2 ''Other Uses" of this ordinance and subject to the following additional conditions: i. Substantial conformance with the Petitioner's Application, Statement of Purpose,Consent and Disclosure and attachments received on September 18, 2015. In the event any conflict between such documents and the terms of - 2 - this ordinance or other applicable city ordinances,the terms of this ordinance or other applicable city ordinances shall supersede and control. ii. Substantial conformation with the ALTA/ACSM Land Title Survey prepared by Manhard Consulting dated June 12, 2015. iii. Substantial conformance with the architectural floor plans and elevations entitled"Proposed Facility,Zilber Property Group,"prepared by Cornerstone Architects, Ltd., containing the following exhibits: a. Building partial perspective view last revised on July 6, 2015 b. Site Plan last revised on October 23, 2015 c. Elevations last revised on June 16, 2015 d. Sign (monument graphic) detail last revised on July 20, 2015 e. Overall building section last revised on June 19, 2015 iv. Substantial conformance with Preliminary Engineering prepared by Pinnacle Engineering Group, dated June 16, 2015 and last revised on October 22, 2015. V. Substantial conformance with Landscape Plan prepared by McCallum Associates dated June 18, 2015 and last revised on October 23, 2015. Vi. Substantial conformance with Site Lighting Plan prepared by Nesco electric dated June 30, 2015. Vii. Substantial conformance with the Preliminary Plat of Subdivision for Lots 8 and 9 of Randall Rose Subdivision providing for the vacation of certain easements on the property, prepared by Manhard Consulting dated October 23, 2015. Viii. Compliance with all applicable codes and ordinances." B. Section 31`3 of Ordinance No. G68-07 entitled"Site Design Standards Applicable to Uses Other Than New Vehicle Sales"is hereby amended to provide for the following additional paragraph: "The development of Lots 8 and 9 within Randall Rose Auto Mall Subdivision shall be permitted a Vehicle Use Area Setback from a Street Lot Line of 20 feet and subject to the regulations otherwise applicable to the ORI Office Research Industrial District set forth in the Elgin Municipal Code, 1976, as amended." C. Section 3H of Ordinance No. G68-07 entitled"Signs"is hereby amended to provide for the following additional sub-paragraphs: "c. The industrial building developed on Lots 8 and 9 within Randall Rose Auto - 3 - Mall Subdivision shall be allowed the construction of two (2) monument graphics, one located at each vehicular entrance to the property,each with a surface area not to exceed 40 square feet each and in substantial conformance with the Sign(monument graphic) detail plans prepared by Cornerstone Architects, Ltd., and last revised on July 20, 2015. All wall mounted signs shall be subject to the provisions of Chapter 19.50, Street Graphics, of the Elgin Municipal Code, as amended. D. Section 301 A of Ordinance No. G68-07 which provides for certain design guidelines for any ORI land use is hereby amended by adding the following additional text to the end thereof: "Notwithstanding the foregoing,the design guidelines for loading docks in Exhibit C shall not be applicable to Lots 8 and 9 within the Randall Rose Auto Mall Subdivision. The design and construction of loading docks on Lots 8 and 9 shall be as otherwise provided for in the Elgin Municipal Code, 1976, as amended, and as provided in the development plans and exhibits referenced in the amended Section 3E2b hereof." Section 3. For the purpose of clarification,the provisions of this amendatory ordinance shall apply only to Lots 8 and 9 within the Randall Rose Auto Mall Subdivision, and shall not be applicable to the remaining lots within the Randall Rose Auto Mall Subdivision. Such remaining lots other than Lots 8 and 9 shall continue to remain subject to all of the provisions of Ordinance No. G68-07, as passed on December 6, 2007. Section 4. That except as specifically amended herein with respect to Lots 8 and 9 only,the use and development of the Subject Property shall be controlled pursuant to the provisions of Ordinance No. G68-07, as passed on December 6, 2007. Section 5. That this ordinance shall be full force and effect immediately after its passage in the manner provided by law. David J. Kap m, NKyor Presented: January 27, 2016 Passed: January 27, 2016 t+ � Omnibus Vote: Yeas: 9 Nays: 0f ^ Recorded: January 27, 2016 Published: January 29, 2016 W. Atte$ Kimberly Dewis, Ci lerk - 4 - I November 2, 2015 RECOMMENDATION & FINDINGS OF FACT OF THE COMMUNITY DEVELOPMENT DEPARTMENT AND THE PLANNING& ZONING COMMISSION CITY OF ELGIN,ILLINOIS OVERVIEW Zilber Property Group/Towne Realty, Inc., is requesting planned development approval to develop approximately 16.78 acres contained within Lots 8 and 9 of Randall Rose Automall subdivision with a new industrial building. The developer proposes to construct a new 257,313 square foot industrial building along with stormwater detention facilities and surface parking lots. Access to the property is proposed from Automall Drive. The allowable land uses on these lots are currently restricted to "New Motor Vehicle Sales" and amendment to the planned development ordinance G68-07 is required to allow additional industrial uses that are allowed within an ORI Office Research Industrial District to be established on the property. GENERAL INFORMATION Petition Number: 23-15 Requested Action: Amendment to Ordinance No. G68-07 Current Zoning: PORI Planned Office Research Industrial District ARC Arterial Road Corridor Overlay District Existing Use: Vacant property Proposed Use Industrial Building Property Location: 2640 and 2650 Auto Mall Drive Applicant: Zilber Property Group/Towne Realty, Inc Owner: Forecom Challenger, Inc., Staff Coordinator: Sarosh Saher, AICP, Senior Planner Exhibit A Findings of Fact Petition 23-15 November 2, 2015 LIST OF EXHIBITS A. Aerial/Location Map B. Zoning Map C. Parcel Map D. Site Photos E. Development Application and Attachments F. Draft Ordinance BACKGROUND Randall Rose Subdivision was approved in 2007, to allow for its development as a motor vehicle dealership park. At that time, the 86.17 acre piece of land was subdivided into nine lots ranging in size from 5.01 to 8.91 acres. In the event the property did not develop as a motor vehicle dealership park, the applicant at that time requested provisions to be included in the PORI Planned Office Research Industrial District ordinance to allow for the property to develop with a combination of uses consistent with the AB Area Business District in the easterly portion of the property with frontage along Randall Road and the ORI Office Research Industrial District in the westerly and internal portion of the property that do not have frontage along Randall Road or Intersate-90. The subdivision was also designated within an Area of Special Character to provide for special regulations for the construction of graphics that would not be otherwise allowed by the strict application of the city's graphics ordinance. These included the installation of LED electronic message center graphics and subdivision graphics that exceeded the surface area and height of free standing graphics provided for in the graphics ordinance. The planned development ordinance G68-07 granted the development a number of departures from the requirements of the ORI Office Research Industrial District for the development of lots exclusively for the use of new vehicle sales. The departures included those related to setbacks for buildings and vehicle use areas, landscape design and materials, vehicle parking and inventory storage, fencing and lighting. However, the ordinance also stipulated that if lots within the subdivision were to be developed and used for uses other than new vehicle sales, then those lots would be required to develop with the regulations of the ORI Office Research Industrial District as set forth in Chapter 19.40.100 and the subsequent sections pertaining to the regulations governing the location, design and operation of land uses within an ORI district. The developer of the auto mall was additionally provided with financial incentives in the form of development assistance, sales tax rebates and real estate tax rebates to develop the property with land uses exclusively related to new vehicle sales for a period of no less than 25 years in the event a motor vehicle dealership committed to establishing itself within the subdivision and benefitting from the financial incentives. The motor vehicles allowed for sale within the auto 2 Findings of Fact Petition 23-15 November 2, 2015 mall were specifically restricted to certain brands and manufacturers. McGrath Elgin Honda was the first dealership to establish on the property in 2010 and availed of the financial incentives offered by the city. As a result, the subdivision could subsequently only be developed exclusively with land uses related to new vehicle sales. In 2014, Lot 7 (2630 Automall Drive) located at the northwest corner of Randall Road and Automall Drive was acquired and developed for use as a Volkswagen dealership. Presently, only two of the nine lots within the auto mall have been developed with motor vehicle dealerships. Development of the auto mall did not complete as expected due to the downturn in the economy beginning in early 2008. As a result, the developer was unable to retain ownership of the remaining vacant lots within the subdivision. They were subsequently acquired by U.S. Bank that has retained ownership of the properties since that time and has attempted to market them in conformance with the purpose and intent of the auto mall for new vehicle sales as stipulated in the development and financial incentive agreement and the planned development ordinance G68- 07. Finally, the former developer also executed a reciprocal agreement with the ownership of the neighboring industrial subdivision to the west known as Randall Point West that was developed in 2007 by PanCor Construction and Development LLC. That easement agreement governs roadway access, utilities and stormwater detention and maintenance issues. However, a provision within such agreement contains development restrictions that prohibit certain high-tech manufacturing uses on the vacant parcels within that subdivision thereby impeding their development. The City's approval of an amendment of the development agreement and planned development ordinance to release the restrictions related to the exclusive sale of new vehicle on Lots 8 and 9 is contingent upon the Bank amending the reciprocal agreement to allow high-tech manufacturing to occur on two of the four vacant lots within Randall Point West Subdivision. To date, the reciprocal agreement has not been amended. However, the city is amenable to the amendment of Ordinance 68-07 for the development of such lots with industrial uses and is therefore proceeding with the public hearing process. Development Proposal The developer proposes to build one 257,313 square foot industrial building on combined Lots 8 and 9 comprising of approximately 16.78 acres. The property will be addressed as 2650 Automall Drive, Units A-D. The building is designed with a flexible floor plan to accommodate up to four industrial tenants. The building elevations will be constructed using precast concrete panels designed with reveals to break the monotony of the elevations. The street facing (south) elevation of the building will be delineated by projecting and recessing the façade into 17 bays. The street facing corners and two mid sections will be designed with entrances to individual tenants highlighted with glass entryways. The loading docks to the industrial tenant spaces will be restricted to the rear of the building away from view of the public street. The property is proposed to be landscaped using a variety of evergreen and deciduous shade and ornamental trees, shrubs, perennials, ornamental grasses and ground covers. Foundation 3 Findings of Fact Petition 23-15 November 2, 2015 plantings will be installed primarily along the front elevation and those portions of the side elevation that are visible from the street. All four property lines will be landscaped with trees and shrubs. The developer proposes to install two monument graphics, one at each entrance drive to the property; and is requesting approval of the provision of up to four tenant wall graphics with a total surface area of 200 square feet. The surface area and height of these signs conforms to the regulations of the graphics ordinance. Parking on the property will be provided through the construction of 219 paved parking spaces and an additional 42 spaces land-banked for a total of 261 parking spaces thereby meeting the requirements of the city's off-street parking ordinance. Truck parking and trailer storage/staging is proposed to be located at the rear of the property through the provision of 68 paved parking/storage spaces with the provision for an additional 65 spaces land-banked on the property. FINDINGS The planned development was approved in 2007 and included provisions for development of lots with industrial uses if the property was unable to be developed with auto related uses. After due notice as required by law, the Planning & Zoning Commission conducted a public hearing in consideration of Petition 23-15 on November 2, 2015. Testimony was presented at the public hearing in connection with the application. The Community Development Department submitted a Planned Development Review to the Planning & Zoning Commission dated November 2, 2015. The proposed development meets the standards for planned developments as contained within Chapter 19.60 of the Elgin Municipal Code, as amended. The findings and recommendations of the Planning & Zoning Commission dated September 4, 2007 found that the development of lots with industrial uses was appropriate contingent upon the conditions contained within the development agreement. PLANNED DEVELOPMENT DEPARTURES AND EXCEPTIONS Ordinance G68-07 provided for a number of departures related to the development of the properties within the subdivision as they related to new vehicle sales. The ordinance further stipulated that if lots within the subdivision were to be developed and used for uses other than new vehicle sales, then those lots would be required to develop with the regulations of the ORI Office Research Industrial District as set forth in Chapter 19.40.100 and the subsequent sections pertaining to the regulations governing the location, design and operation of land uses within an ORI district. 4 Findings of Fact Petition 23-15 November 2, 2015 To allow for the construction of the industrial building as proposed, the developer is requesting the following departures fromthe requirements of the ORI ordinance: 1. Section 19.40.135.E.2 Vehicle Use Area Street Setbacks. The zoning ordinance requires a vehicle use area street setback of 40.4 feet. The developer is proposing a setback of 20 feet to accommodate two rows of vehicular parking in front of the building requiring a departure from the requirements of the zoning ordinance. These vehicle use areas will be screened with landscape material thereby reducing their visibility from the street. 2. Section 19.50.070.D.2 Maximum Number of Monument Graphics. The zoning ordinance requires a maximum of one monument graphic per principal building. The developer is requesting two monument graphics, one at each entrance to the property, requiring a departure from the requirements of the ordinance. The monument graphics are proposed to be designed with a surface area of 40 square feet each meeting the surface area requirements of the ordinance and will be located at distance of approximately 900 feet from each other. 3. Departures from the requirements of the "Non-Auto" Design Guidelines for Randall Rose Subdivision. The design guidelines contained within Ordinance G68-07 require that loading docks on all lots [within the subdivision] be screened by a wall that is integral to the building, is constructed of the same materials as the building, and is of sufficient height so as to fully screen the docks. A 100% landscaping screen should also be provided adjacent to that wall. The developer is requesting a departure from this requirement as the loading docks proposed at the rear of the building face loading docks on similar industrial buildings on adjacent property to the north located within Northwest Corporate Park. The developer is alternatively installing landscape material in the form of trees and shrubs on the common lot line between the properties. RECOMMENDATION DETAIL With respect to Petition 23-15, the Community Development Department and the Planning & Zoning Commission recommend approval, subject to the following conditions: 1. Substantial conformance with the Petitioner's Application, Statement of Purpose, Consent and Disclosure and attachments received on September 18, 2015. 2. Substantial conformation with the ALTA/ACSM Land Title Survey prepared by Manhard Consulting dated June 12, 2015. 5 Findingsof Fact Petition 23-15 November 2, 2015 3. Substantial conformance with the architectural floor plans and elevations entitled "Proposed Facility, Zilber Property Group," prepared by Cornerstone Architects, Ltd., containing the following exhibits: a. Building partial perspective view last revised on July 6, 2015 b. Site Plan last revised on October 23, 2015 c. Elevations last revised on June 16, 2015 d. Sign(monument graphic) detail last revised on July 20,2015 e. Overall building section last revised on June 19, 2015 4. Substantial conformance with Preliminary Engineering prepared by Pinnacle Engineering Group, dated June 16, 2015 and last revised on October 22, 2015. 5. Substantial conformance with Landscape Plan prepared by McCallum Associates dated June 18, 2015 and last revised on October 23, 2015. 6. Substantial conformance with Site Lighting Plan prepared by Nesco electric dated June 30, 2015. 7. Substantial conformance with the Preliminary Plat of Subdivision for Lots 8 and 9 of Randall Rose Subdivision providing for the vacation of certain easements on the property, prepared by Manhard Consulting dated October 23, 2015. 8. The amendment of PORI Planned Office Research Industrial District Ordinance G68-07 is contingent upon the amendment by U.S. Bank of the reciprocal agreement between Randall Rose Automall and Randall Point West Subdivision to release the restrictions that prohibit certain land uses on the vacant parcels within Randall Point West subdivision 9. Compliance with all applicable codes and ordinances. On the recommendation to approve the petition, the vote of the Planning & Zoning Commission was seven(7)yes and zero (0)no. Therefore, the motion to recommend approval of Petition 23-15 was adopted. s/Robert Siljestrom Robert Siljestrom, Chairman Planning&Zoning Commission s/Sarosh Saher Sarosh Saher, AICP, Secretary Planning&Zoning Commission 6 IrnAmmon IMIt 111..111.111111.11111111.10.1 1111:.,.. . �1 1 0., 3 ,a '=r -.. . A- ' -- yl Y1 — _- - - TechnologyiDr- --- - m' 1" Subject Property ' „w•,, - t''' Petition 23-15 • - , - -, �.. _ — • S • / .. sp. t '—€0 / 4 _ , --- i.,. qv* • \ 3\ .0,0*-4\ 4 ., '... - 'T , - 1 y ,. 'A.' 13-: :: . - it; EXHIBITA Aerial/Location Map N V. + F S 0 95 190 380 570 760 prepared by City of Elgin Feet Department of Community Development - -- Norihvviest Pki y -ileirt:-": . ,,.: , _ Subject Property Petition 23-15 ir pAB, ...I El % ...... ,ems I ' f . . ._. ___, , ,t ___ _ rsy.rr.�r.r.za.r. , . . 11M I \ . PORI V • Legend =Residence Conservation 1 OResidence Conservation 2 IN OResidence Conservation 3 4 41114.4.41444L O Planned Residence Conservation =Single Family Residence 1 - Single Family Residence 2 Abhilitor f/ 7 , Q Planned Single Family Residence 2 'y i OTwo Family Residence - 4b,„. OMultiple Family Residence • Q1 Planned Multiple Family Residence /'' OResidence Business OPlanned Residential Business ©Neighborhood Business QPlanned Neighborhood Businessfr MIAreaBusiness • III te -Planned Area Business p iii Center City 1 ilP/ Center City 2 Planned Center City • III Office Research Industrial Planned Office Research Industrial ` lin -General Industrial Planned General Industrial Commercial Industrial Iff -Planned Community Facility n -Community Facility ♦• of\I MIFoxRiver Preservation ,a. - 11.11 Planned Center City 2 • !ff A,1lRIII/II - i • OPlanned Single Family Residence 1 14 • I • • =Planned Two Family Residence PORI - EXHIBIT B Zoning Map N W -di pr E S Map prepared by City of Elgin 0 120 240 480 720 960 Feet Department of Community Development Subject Property 2640 & 2650 Auto Mall Dr / Petition 23-15 0330415001 0330415002 Auto Mall Dr IN**1440 ,41441s4,44%,4"7 0� EXHBIIT C Parcel Map N A City of Elgin 0 40 80 160 240 320 Department of Community Development Feet SITE LOCATION EXHIBIT 2640-2650 Automall Drive Petition 23-15 ION i I ` 4 0 i .. ,_ ._7_,_. . . / T r .___ _____ , , ,,., 4 • ..: _it A :• / Site Location " - ��:�y .t.F NM II•0.lilipilli' .. Mit - ----- '. 3`- r 4. : , - wiiiiiillilli :44\ A Perspective View SITE LOCATION EXHIBIT 2640-2650 Automall Drive Petition 23-15 t -448MPINIF :44 ... . , . _ . •• View of property from Automall Drive looking View of property from Automall Drive looking north west w *Wm1 View from property looking east towards Randall View of property looking north along Vantage Road Drive Site Pictures - 1