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HomeMy WebLinkAboutG64-06 • Ordinance No. G64-06 AN ORDINANCE RECLASSIFYING TERRITORY FROM THE AB AREA BUSINESS DISTRICT AND THE PAB PLANNED AREA BUSINESS DISTRICT TO PAB PLANNED AREA BUSINESS DISTRICT (1001 South Randall Road, 2395 & 2375 Bowes Road) WHEREAS,written application has been made to reclassify certain property located at 2375 Bowes Road from AB Planned Area Business District to PAB Planned Area Business District; and WHEREAS, after due notice in the manner provided by law the Planning and Development Commission conducted public hearings 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. 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 June 5, 2006, made by the Planning and Development Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That Chapter 19.07, Section 19.07.600 entitled "Zoning District Map" of the Elgin Municipal Code, 1976, as amended, be and the same is hereby further amended by adding thereto the following paragraph: "The boundaries herein before laid out in the `Zoning District Map',as amended,be and are hereby altered by including in the PAB Planned Area Business District,the following described property: LOT 2: Situated in Section 28, Township 41 North, Range 8 East of the Third Principal Meridian,City of Elgin,County of Kane. State of Illinois,and being a parcel of land being a portion of and lying entirely within the property described In a warranty deed,recorded April 30, 1997,as Document Number 97K027558 (all references to deeds, microfiche, plate, surveys, etc. refer to the records of the Kane County Recorders Office, unless noted otherwise) also being the proposed Lot 2 of Elgin State Bank Plaza, that is more particularly described as follows: Beginning for reference at the point-of-intersection of the south right-of-way line of Bowes Road as established by Document Number 92K23084 and instrument of correction Document Number 93K65081,and the west right-of- way line of Umdenstock Rood as dedicated per plot of subdivision for Heartland Meadows Unit 9 recorded June 28, 1996, as Document Number 96K046771; thence along the west right-of-way line of said Umdenstock Road, South one degree forty-six minutes forty-three seconds East (S01'46'43"E) for a distance of ten and 00/100 feet (10.00') to the true point of beginning;thence continuing along said west right-of-way line,South one degree forty-six minutes forty-three seconds East(S01'46'43"E)for a distance of four hundred ninety eight and 71/100 feet(498.71')to the southeast corner of said property; thence along the south line of said property, South eighty- seven degrees fifty-six minutes twenty-two seconds West(587'56'22"W)for a distance of three hundred forty-four and 62/'00 feet (344.62'); thence North one degree fifty minutes forty-three seconds West (N01'50'43"W) for a distance of four hundred fourteen and 76/100 feet (414.76') to a point-of- curvature;thence along a curve to the left with a radius of twenty 00/100 feet (20.00'), for on arc distance of thirty-one and 42/100 feet (31.42'), [chord bearing North forty-six degrees fifty minutes forty-three seconds West (N46"50'43"W)for twenty-eight and 28/100 feet(28.28'),delta angle of said curve being ninety degrees zero minutes zero seconds (90.00'00")]; thence North eighty-eight degrees nine minutes seventeen seconds East (N88'09" 17E) for a distance of fifty-eight and 75/100 feet (58.75'); thence North two degrees zero minutes eighteen seconds West(NO2'00'18"W)for a distance of sixty-four and 39/100 feet (64.39') to a point on a parallel line that is 10.00 feet, measured perpendlcularl y, south of the south right-of-way line of said Bowes Road; thence along said parallel line, North eighty-seven degrees fifty-nine minutes forty- two seconds East (N87' 59'42"E) for a distance of three hundred six and 66/100 feet (306.66') to the true point of beginning (Property commonly known as 2375 Bowes Road, in Elgin). PARCEL 1: Commencing for reference at the point-of-intersection of the south right-of- way line of Bowes Road as established by Document Number 93K63084 and instrument of correction Document Number 93K65081,and the west right-of- way line of Umbdenstock Road as dedicated per plat of Subdivision for Heartland Meadows Unit 9, recorded June 28, 1996, as Document Number 96K046771; thence along the west right-of-way line of said Umbdenstock Road, south one degree 46 minutes 43 seconds east for a distance of 508.71 feet; thence south 87 degrees 56 minutes 22 seconds west for a distance of 533.62 feet to the southeast corner of said property and the point of beginning of the herein described parcel; thence south along the south line of said property, south 87 degrees 56 minutes 22 seconds west for a distance of —2— s 356.56 feet to a point on the east right-of-way line of Randall Road, as dedicated per document recorded April 30, 1955, as Document Number 778764;thence along said east right-of-way line,north one degree 46 minutes 29 seconds west for a distance of 509.57 feet to a point on the south right-of- way line of said Bowes Road;thence along said south right-of-way line,north 87 degrees 59 minutes 42 seconds east for a distance of 327.93 feet; thence south one degree 50 minutes 43 seconds east for a distance of 200.00 feet; thence north 87 degrees 59 minutes 42 seconds east for a distance of 28.00 feet to a point on the east line of said property, also being a point the west line of the property described in a warranty deeds,recorded April 30, 1997,as Document Number 97K027558; thence along the east line of the property described in said Document Number 97K027558;thence along the east line of the property described in said Document Number 97K028865, south one degree 50 minutes 43 seconds east for a distance of 309.22 to the point of beginning (Property commonly known as 1001 South Randall Road, in Elgin). Parcel 2: That part of the north 550.0 feet of the west 930.0 feet of the east %2 of the southwest 1/4 of section 28, township 41 north, range 8 east of the third principal meridian described as follows: Commencing at the northwest corner of said east%2;thence south 89 degrees 24 minutes 01 seconds east,along the north line of said southwest 1/4 a distance of 589.0 feet; thence south 00 degrees 48 minutes 54 seconds west, 91.75 feet; thence north 89 degrees 20 minutes 35 seconds west, 193.00 feet;thence south 00 degrees 48 minutes 54 seconds west,29.40 feet to the point of beginning;thence northeasterly along a curve to the right, said curve having a radius of 20.00 feet, whose chord bears north 45 degrees 49 minutes 26 seconds east for an arc distance of 31.42 feet;thence south 89 degrees 11 minutes 06 seconds east,20.92 feet to a point of curvature; thence southeasterly along a curve to the right, said curve having a radius of 100.0 feet, whose chord bears south 82 degrees 54 minutes 54 seconds east, for an arc distance of 21.88 feet; thence south 76 degrees 38 minutes 42 seconds east,40.53 feet to a point of curvature;thence southeasterly along a curve to the left, said curve having a radius of 100.00 feet,whose chord bears south 82 degrees 54 minutes 54 seconds east, for an arc distance of 21.88 feet; thence north 89 degrees 11 minutes 06 seconds west,65.09 feet;thence south 00 degrees 48 minutes 54 seconds west,434.76 feet;thence north 89 degrees 24 minutes 01 seconds west; 189.00 feet;thence north 00 degrees 48 minutes 54 seconds east, 429.04 feet to the point of beginning, in Kane County, Illinois (Property commonly known as 2395 Bowes Road, in Elgin). —3— UMW k Out lot"A" Commencing for reference at the point-of-intersection of the south right-of- way line of Bowes Road as established by Document Number 93K63084 and instrument of correction Document Number 93K65081,and the west right-of- way line of Umbdenstock Road as dedicated per plat of Subdivision for Heartland Meadows Unit 9, recorded June 28, 1996, as Document Number 96K046771; thence along the west right-of-way line of said Umbdenstock Road, south one degree 46 minutes 43 seconds east for a distance of 508.71 feet to the southeast corner of the property described in said Document Number 97KI027558; thence along the south line of said last mentioned property, south 87 degrees 56 minutes 22 seconds west for a distance of 533.62 feet to the southwest corner of said last mentioned property; thence along the west line of said last mentioned property, north one degree 50 minutes 43 seconds west for a distance of 309.22 feet to the point of beginning of the herein described parcel;thence south 87 degrees 59 minutes 42 seconds west for a distance of 28.00 feet; thence north one degree 50 minutes 43 seconds west for a distance of 200.00 feet to a point on the south right-of-way line of said Bowes Road; thence along said south right-of-way line, north 87 degrees 59 minutes 42 seconds east for a distance of 255.55; thence south 2 degrees 00 minutes 18 seconds east for a distance of 74.39 feet; thence south 89 degrees 9 minutes 17 seconds west for a distance of 103.84 feet; thence along the arc of a curve to the right, with a radius of 100.00 feet, for an arc distance of 21.89 feet, and a chord which bears north 85 degrees 34 minutes 31 seconds west for a distance of 21.84 feet, a delta angle of said curve being 12 degrees 32 minutes 24 seconds;thence north 79 degrees 18 minutes 19 seconds west for a distance of 40.53 feet to a point-of- curvature; thence along the arc of a curve to the left,with a radius of 100.00 feet, for an arc distance of 21.89 feet, and a chord which beard north 85 degrees 34 minutes 31 seconds west for a distance of 21.84 feet,a delta angle of said curve being 12 degrees 32 minutes 24 seconds; thence south 88 degrees 9 minutes 17 seconds west for a distance of 20.92 feet for a distance of 20.92 to a point-of curvature; thence along the arc of a curve to the left, with a radius of 20.00 feet, for an arc distance of 31.42 feet, and a chord which bears south 43 degrees 9 minutes 17 seconds west for a distance of 28.28, delta angle of said curve being 90 degrees 00 minutes 00 seconds to a point on the west line of the parcel described in said document number 97k027558;thence south 01 degree 50 minutes 43 seconds east for a distance of 119.82 feet to the point of beginning (said property functioning as a common access drive to serve 1100 Randall Road and 2395 and 2375 Bowes Road, Elgin). —4— tel•. Section 3. That the City Council of the City of Elgin hereby classifies the subject property in this PAB Planned Area Business District in accordance with the following provisions: A. Purpose and Intent. The purpose of this PAB Area Business District is to provide commodities and services to several neighborhood areas, and in some instances to a community wide or regional supporting population, subject to Chapter 19.60. A PAB zoning district is most similar to,but departs from the standard requirements of the AB zoning district. B. Supplementary Regulations. Any word or phrase contained herein,followed by the symbol "[SR]", shall be subject to the definitions and the additional interpretive requirements provided in Chapter 19.90, Supplementary Regulations of the Elgin Municipal Code, 1976,as amended. The exclusion of such symbol shall not exempt such word or phrase from the applicable supplementary regulation. C. General Provisions. In this PAB zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.05,General Provisions of the Elgin Municipal Code, 1976, as amended. D. Zoning Districts-Generally. In this PAB zoning district,the use and development of land and structures shall be subject to the provisions of Chapter 19.07, Zoning Districts of the Elgin Municipal Code, 1976, as amended. E. Land Use. In this PAB zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.10,Land Use of the Elgin Municipal Code, 1976, as amended. The use of Parcel 1 (Property commonly known as 1001 South Randall Road)in the PAB zoning district as described in Section 1 shall be limited to a two story bank building with a drive-thru facility. The use of Parcel 2 (Property commonly known as 2395 Bowes Road)in the PAB Planned Area Business District as described in Section 1 shall be limited to a day care facility. The following enumerated "land uses" [SR] shall be the only land uses for Lot 2 (Property commonly known as 2375 Bowes Road) allowed as a "permitted use" [SR], a"conditional use" [SR], or a"similar use" [SR] in this PAB zoning district: 1. Permitted Uses: The following enumerated land uses shall be the only land uses allowed as a permitted use in this PAB Planned Area Business District: 1. Residences Division: —5— • el" "Upper floor apartment dwellings" [SR] (UNCL). 2. Municipal Services Division: Public parks, recreation, open space (UNCL) on a "zoning lot" [SR] containing less than two (2) acres of land. 3. Offices Division: "Offices" [SR] (UNCL). 4. Finance, Insurance, And Real Estate Division: "Development sales offices" [SR] (UNCL). Finance, insurance, and real estate (H). 5. Services Division: Advertising (731). Automotive renting and leasing without drivers (751). Barbershops (724). Beauty shops (723). "Bed and breakfast inns" [SR] (7011). Carpet and upholstery cleaning agents without plants on the premises(7217). Commercial, economic, sociological and educational research (8732). Commercial, physical, and biological research(8731). Computer programming,data processing and other computer-related services (737). Computer rental and leasing (7377). Consumer credit reporting agencies, mercantile reporting agencies, and ebk adjustment and collection agencies (732). Detective and guard services (7381). Electrical and electronic repair shops (7629). Engineering, accounting, research, management and related services (87). Garment pressing, and agents for laundries and dry cleaners (7212). Home health care services (808). "Hotels and motels" [SR] (701). Job training and vocational rehabilitation services (833). Laundry collecting and distributing outlets (7211). Legal services (811). Libraries (823). Mailing, reproduction, commercial art and photography, and stenographic services (733). Management and public relations services (874). Medical and dental laboratories (807). Membership sports and recreation clubs (7997). Miscellaneous equipment rental and leasing(735). Miscellaneous personal services not elsewhere classified(7299). Motion picture distribution and allied services (782). Motion picture production and allied services (781). News syndicates (7383). -6- Noncommercial research organizations (8733). Offices and clinics of dentists (802). Offices and clinics of doctors of medicine (801). Offices and clinics of doctors of osteopathy(803). Offices and clinics of other health practitioners (804). Personnel supply services (736). Photofinishing laboratories (7384). Photographic studios,portrait (722). Physical fitness facilities (7991). Professional sports operators and promoters (7941). Radio and television repair shops (7622). Refrigerator and air-conditioning service and repair(7623). Reupholstery and furniture repair(764). Security systems services (7382). Shoe repair shops and shoeshine parlors (725). Tax return preparation services (7291). Testing laboratories (8734). Theatrical producers (792). Videotape rental (784). Vocational schools (824). Watch, clock and jewelry repair(763). 6. Retail Trade Division: /1'4^ Apparel and accessory stores (56). Automatic merchandising machine operators (5962). Building materials, hardware and garden supply(52). Carryout restaurants (5812). Catalog and mail-order houses (5961). Convenience food stores, operated on a twenty four(24) hour basis (5411). Direct selling establishments (5963). Drinking places (alcoholic beverages) (5813). Drugstores and proprietary stores (591). Eating places (5812). Florists (5992). Food stores(54). General merchandise stores (53). Home furniture, furnishings and equipment stores (57). Miscellaneous retail stores not elsewhere classified (5999). Miscellaneous shopping goods stores (594). News dealers (5994). Optical goods stores (5995). "Outdoor eating and drinking facilities" [SR] (UNCL). Tobacco stores (5993). 7. Agricultural Division: elk -7- Dog grooming(0752). Farm labor and management services (076). Greenhouses for floral products, exclusively "accessory" [SR] to a use allowed in the zoning district (0181). Landscape counseling and planning(0781). Lawn and garden services (0782). Ornamental shrub and tree services (0783). Veterinary services for household pets (0742). 8. Construction Division: "Contractor's office and equipment areas" [SR] (UNCL). 9. Manufacturing Division: Commercial printing occupying less than five thousand(5,000)square feet of gross floor area(2752). 10. Wholesale Trade Division: Apparel piece goods and notions (513). Drugs, drug proprietaries, and druggists' sundries (512). Electrical goods (506). Furniture and home furnishings (502). Groceries and related products (514). Hardware, and plumbing and heating equipment and supplies (507). Machinery, equipment, and supplies (508). Metals and minerals, except petroleum (505). Motor vehicles and motor vehicle parts and supplies (501). Paper and paper products (511). Professional and commercial equipment and supplies (504). 11. Transportation, Communication And Utilities Division: "Amateur radio antennas" [SR] (UNCL). Arrangement of passenger transportation(472). Arrangement of transportation of freight and cargo (473). Branch United States post offices (4311). Bus charter service operators'offices (414). Cable and other pay television services (484). "Commercial antennas and antenna structures mounted on existingstructures" [SR] (UNCL). Communication services not elsewhere classified (489). Intercity and rural bus transportation operators' offices (413). "Loading facilities" [SR], exclusively "accessory" [SR] to a use allowed in the zoning district, subject to the provisions of Chapter 19.47 of this Title (UNCL). Local and suburban passenger transportation operators' offices (411). Packing and crating (4783). "Radio and television antennas" [SR] (UNCL). Radio and television broadcasting stations (483). -8- .•, Railroad operators' offices (401). "Satellite dish antennas" [SR] (UNCL). School bus operators' offices (415). Taxicab operators' offices (412). Telegraph and other message communications (482). Telephone communications (481). "Treatment, transmission and distribution facilities: poles, wires, cables, conduits, laterals, vaults, pipes, mains, and valves" [SR] (UNCL). 12. Miscellaneous Uses Division: "Accessory structures" [SR] (UNCL)to the permitted uses allowed in the AB Area Business District,subject to the provisions of Section 19.12.500 of this Title. "Accessory uses" [SR] (UNCL)to the permitted uses allowed in the AB Area Business District,subject to the provisions of Section 19.10.400 of this Title. "Drive-through facilities" [SR],subject to the provisions of Chapter 19.45 of this Title. "Fences and walls" [SR] (UNCL). "Loading facilities" [SR] (UNCL), exclusively "accessory" [SR] to a permitted use allowed in the AB Area Business District, subject to the provisions of Chapter 19.47 of this Title. "Outdoor display areas" [SR] (UNCL). "Outdoor display lots" [SR] (UNCL). "Parking lots" [SR] (UNCL),exclusively"accessory" [SR]to a permitted use allowed in the AB Area Business District, subject to the provisions of Chapter 19.45 of this Title. "Parking structures" [SR] (UNCL), exclusively "accessory" [SR] to a permitted use allowed in the AB Area Business District, subject to the provisions of Chapter 19.45 of this Title. "Refuse collection area" [SR]. "Signs" [SR] (UNCL), subject to the provisions of Chapter 19.50 of this Title. "Storage tanks" [SR] (UNCL). "Temporary uses" [SR] (UNCL). 2. Conditional Uses:The following enumerated land uses shall be the only land uses allowed as a conditional use in this PAB PlannedArea Business District: 1. Municipal Services Division: "Municipal facilities" [SR] on a zoning lot [SR] containing less than two(2) acres of land. 2. Public Administration Division: Public administration(J)on a zoning lot containing less than two(2)acres of land. 3. Services Division: Amusement parks (7996). —9— Arenas, sports fields, and stadiums (UNCL). Ballrooms (7911). Bowling centers (7933). "Car washes" [SR] (7542). Child daycare services (835). Dance halls (7911). Dance studios and schools (791). Discotheques (7911). Drive-in motion picture theaters (7833). Funeral service (726). "Home child daycare services" [SR] (8351). Individual and family social services (832). Membership organizations (86). Motion picture theaters (7832). "Motor vehicle repair shops" [SR] (753). "Motor vehicle top,body and upholstery repair shops, and paint shops" [SR] (7532). Organization hotels and lodging houses, on membership basis (704). Other schools and educational services (829). Power laundries (7211). Recreational vehicle parks and campsites (7033). Sporting and recreational camps (7032). 4. Retail Trade Division: Drive-in restaurants (5812). Firearms sales (5941). "Package liquor sales establishments" [SR] (5921). 5. Agricultural Division: "Kennels" [SR] (0752). 6. Mining Division: "Temporary mining" [SR] (UNCL). 7. Wholesale Trade Division: Beer, wine, and distilled alcoholic beverages (518). Lumber and other construction materials (503). 8. Transportation, Communication, And Utilities Division: "Conditional commercial antenna tower" [SR] (UNCL). "Conditional commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL). Courier services (4215). Pipelines, except natural gas (461). Public warehousing and storage (422). "Other radio and television antennas" [SR] (UNCL). "Other satellite dish antennas" [SR] (UNCL). Railroad tracks (401). -10- "Treatment, transmission, and distribution facilities: equipment, equipment buildings, towers, exchanges, substations, regulators" [SR] (UNCL). Water transportation(44). 9. Miscellaneous Uses Division: "Accessory package liquor sales establishment" [SR] (UNCL). "Accessory structures" [SR] (UNCL) to the conditional uses allowed in the AB Area Business District,subject to the provisions of Section 19.12.500 of this Title. "Accessory uses" [SR] (UNCL) to the conditional uses allowed in the AB Area Business District,subject to the provisions of Section 19.10.400 of this Title. "Commercial operations yards" [SR] (UNCL). "Master signage plan" [SR],subject to the provisions of Chapter 19.50 of this Title. "Parking lots" [SR] (UNCL), subject to the provisions of Chapter 19.45 of this Title. "Parking structures" [SR] (UNCL),subject to the provisions of Chapter 19.45 of this Title. "Planned developments" [SR] (UNCL) on a zoning lot containing less than two(2)acres of land,subject to the provisions of Chapter 19.55 of this Title. F. Site Design. In this PAB zoning district,except as otherwise provided for herein,the use and development of land and structures shall be as follows: 1. Lot 2 (commonly known as 2375 Bowes Road). In this PAB zoning district, except as otherwise provided for herein,the use and development of land and structures shall be subject to the provisions of Section 19.12, Site Design, of the Elgin Municipal Code, as amended. In this PAB zoning district, the site design regulations shall be as follows: a. Substantial conformance to the Petitioner's Statement of Purpose and Conformance submitted with the development application and cover letter submitted by Peter Bazos, Esquire; no date. b. Substantial conformance to the Concept Site Development Plans prepared by Monarch Design & Construction, LLC and dated June 12, 2006. c. Substantial conformance to the Retail Floor Plan and Office Floor Plan prepared by Monarch Design & Construction, LLC and dated March 3, 2006. d. Substantial conformance to the Retail Shop Building Elevation,dated April 28,2006 and Office Building Elevations, dated June 12,2006, and prepared by Monarch Design & Construction, LLC. —11— e. Revisions to the proposed Preliminary Engineering Drawings, Site Improvements, dated June 12, 2006 and prepared by Marchris Engineering, Ltd. per the Community Development Group and the Engineering Division. Substantial changes to the proposed plans will require reconsideration by the Planning&Development Commission and City Council as part of a public hearing process. f. Substantial conformance to the Fire Truck Access Exhibit,prepared by Marchris Engineering, Ltd., dated April 26, 2006. g. Substantial conformance to the Landscape Plan(Sheet L-1),prepared by Walsh Landscape Construction Inc.,dated February 24,2006,with revision, dated July 17, 2006. h. Substantial conformance to Site Photometrics Plan (Sheet SP1.1), prepared by MGN Consulting Engineers, dated June 27, 2006. i. Compliance with all other applicable codes and ordinances. 2. Parcel 1 (commonly known as 1001 South Randall Road). In this PAB zoning district, except as otherwise provided for herein, shall be maintained as originally constructed. Any changes to the site in regards to parking,on- site circulation and landscaping will require an amendment to this ordinance. 3. Parcel 2 (commonly known as 2395 Bowes Road). In this PAB zoning district,except as otherwise provided for herein,the development of Parcel 2 shall be subject to the following conditions: a. Substantial conformance with the Statement of Purpose, Conformance, and Departure, which includes building elevations, prepared by KinderCare Learning Centers, Inc. undated. b Substantial conformance with Site Improvement Plan prepared by Marchris Engineering,Ltd.,dated 01/15/01,which includes Site Plan, Grading Plan,Erosion Control and Lighting Plan. Revisions shall be made thereto, if found necessary or not in code compliance, per the Department of Code Administration and Development Services. c. A five(5)foot sidewalk easement shall be provided on-site along the Bowes Road within Outlot A as provided in the Site Improvement Plan prepared by Marchris Engineering, Ltd, dated 01/15/01, as approved by the City Engineer. A sidewalk shall be installed within the sidewalk easement on-site at the owner's expense. The sidewalk shall be constructed according to the City of Elgin's standard specifications for sidewalks. Outlot A shall be sodded and landscaped with trees in compliance with the Subdivision Regulations (Title 19). d. The building shall consist of an all brick facade. The roof shall be pitched as indicated in the building elevation provided with the —12— petitioner's Statement of Purpose and Conformance. All mechanicals shall be screened. e. Compliance with all other applicable codes and ordinances. G. Off-street Parking. Except as otherwise provided within this section, in this PAB zoning district,off-street parking shall be subject to the provisions of chapter 19.45, Off Street Parking, of the Elgin Municipal Code, as amended. H. Off-street Loading. In this PAB zoning district,off-street loading shall be subject to the provisions of Chapter 19.47, Off-street Loading, of the Elgin Municipal Code, 1976, as amended. I. Signs. In this PAB zoning district,signs shall be subject to the provisions of Chapter 19.50, Street Graphics, of the Elgin Municipal Code, 1976, as amended. J. Planned Developments. In this PAB zoning district,the use and development of the land and structures shall be subject to the provisions of Chapter 19.60, Planned Developments, of the Elgin Municipal Code, 1976, as amended. K. Conditional Uses. In this PAB zoning district,application for conditional uses shall be subject to the provisions of Chapter 19.65, Conditional Uses, of the Elgin Municipal Code, 1976,as amended. An application for conditional use may be filed by an individual property owner without necessitating that all other property owners in the development authorize such application. L. Variations. In this PAB zoning district,application for variation shall be subject to the provisions of Chapter 19.70, Variations, of the Elgin Municipal Code, 1976, as amended. An application for variation may be filed by an individual property owner without necessitating that all other property owners in the development authorize such application. M. Appeals. Any requirement, determination, or interpretation associated with the administration and enforcement of the provisions of this ordinance may be appealed subject to the provisions of Chapter 19.75, Appeals, of the Elgin Municipal Code, 1976, as amended. Section 4. That this ordinance shall be full force and effect immediately after its passage in the manner provided by law. Ed Schock, Mayor r —13— Presented: August 9, 2006 Passed: August 9, 2006 Vote: Yeas: 7 Nays: 0 Recorded: August 10, 2006 Published: Attest: )6164-1 -4V lilLe-6141"— Dolonna Mecum, City Clerk —14— • June 5, 2006 tow FINDINGS OF FACT Planning and Development Commission City of Elgin, Illinois SUBJECT Consideration of Petition 34-06 Requesting a Map Amendment from AB Area Business District and PAB Planned Area Business District to PAB Planned Area Business District and an Amendment to Ordinance No. G35-01; to Permit the Construction of Two New Office Buildings and One Commercial Building in the ARC Arterial Road Corridor Overlay District;Property Located at 2375 Bowes Road by Centerline Equity Partners, LLC, an d City of Elgin, as Applicants, and Delnor Community Health Care Foundation, KC PROPCO, LLC, and Elgin State Bank, as Owners. BACKGROUND Requested Action: Map Amendment Current Zoning: AB Area Business District&PAB Planned Area Business District Proposed Zoning: PAB Planned Area Business District Existing Use: Bank, Daycare Center&Vacant Land Proposed Use: Bank, DayCare Center, Offices and Retail Property Location: 1001 South Randall Road, 2395 &2375 Bowes Road Applicants:. Centerline Equity Partners, LLC. And City of Elgin Owners: Delnor Community Health Care Foundation KC PROPCO, LLC and Elgin State Bank Staff Coordinator: Denise Momodu, Associate Planner LIST OF EXHIBITS A. Location Map (see attached) B. Zoning Map (see attached) C. Parcel Map (see attached) Findings of Fact Planning and Development Commission Petition 34-06 June 5, 2006 r D. Aerial Map (see attached) E. Environmental Map (see attached) F. Site Photos (see attached) G. Development Plan (see attached) H. Draft Planned Development Ordinance (see attached) I. Related Correspondence (see attached) J. Ordinance No G35-01 (see attached) BACKGROUND An application has been filed by Centerline Equity Partner's,LLC,and the City of Elgin,requesting a map amendment from AB Area Business District and PAB Planned Area Business District to PAB Planned Area Business District, and an Amendment to Ordinance No. G35-01; to Permit the r. Construction of Two New Office Buildings and One Commercial Building in the ARC Arterial Road Corridor Overlay District. The subject property is located at 2375 Bowes Road(reference Exhibits A, B, C,D, E, and F). The subject property was part of the larger zoning lot which features a daycare center and a bank. There are multiple owners within this planned development. Accordingly, the City of Elgin is the co-applicant to facilitate the amendment to Ordinance No. G35-01 for this proposal. The applicant is proposing to construct two condominium office buildings and one retail building to be known as "Bowes Commons". The proposed retail building will contain 14,000 square feet of leasable commercial space. Each office building will contain 14,300 square feet of floor area and each condominium office suite will be owned individually. All three buildings will be constructed of masonry materials (reference Exhibits G, H and I). The subject property is located in the ARC Arterial Road Corridor.The purpose of the ARC district is to ensure quality development along the entryway corridors into the City of Elgin. The building design should demonstrate high quality architecture on all elevations, with the use of primarily masonry building materials on the exterior. FINDINGS rik After due notice, as required by law, the Planning and Development Commission held a public hearing in consideration of Petition 34-06 on June 5, 2006. The applicant testified at the public - 2 - • Findings of Fact Planning and Development Commission Petition 34-06 June 5, 2006 hearing and presented documentary evidence in support of the application. Additional public testimony was presented at the public hearing. Objectors spoke at the public hearing and written correspondence has been submitted. The Community Development Group submitted a Map Amendment Review, dated May 21, 2006. The Planning and Development Commission has made the following findings concerning the standards for planned developments: A. Site Characteristics Standard. The suitability of the subject property for the intended zoning district with respect to its size, shape, significant natural features (including topography,watercourse and vegetation), and existing improvements. Findings. The subject property is suitable for the intended zoning district with respect to the site characteristics standard. The subject property is a regularly shaped parcel containing 3.89 acres of land. The property is currently vacant and is relatively flat. There are no significant natural features or vegetation present on the subject property. B. Sewer and Water Standard. The suitability of the subject property for the intended zoning district with respect to the availability of adequate municipal water, wastewater treatment, and storm water control facilities. Findings. The subject property is suitable for the proposed planned development with respect to the sewer and water standard. The subject property will be served by municipal water and sanitary sewer facilities. Storm water detention will be provided in conformance with city ordinances. C. Traffic and Parking Standard. The suitability of the subject property for the intended zoning district with respect to the provision of safe and efficient on-site and off-site vehicular circulation designed to minimize traffic congestion. Findings. The subject property is suitable for the intended zoning district with respect to the traffic and parking standard. The subject property is located on the southwest corner of Bowes Road and Umdenstock Road. Bowes Road is an arterial road serving the general area. Umdenstock Road is a collector street serving the Willow Bay and the Heartland Meadows subdivisions. Off-street parking is being provided in conformance with the off-street parking ordinance. D. Zoning History Standard. The suitability of the subject property for the intended zoning district with respect to the length of time the property has remained undeveloped or unused in its current zoning district. - 3 - Findings of Fact Planning and Development Commission Petition 34-06 June 5, 2006 Findings. The subject property is suitable for the intended zoning district with respect to the length of time the property has remained undeveloped or unused in its current zoning district. The subject property was zoned as follows for the years listed: 1927: Out of City 1950: Out of City 1960: Out of City 1961: Out of City 1962: Out of City 1992: B-3 Service Business District Present: AB Area Business District The subject property was annexed to the City of Elgin in 1974 as part of a larger annexation of land on the southwest side of the City.The property was zoned R-2 upon annexation,and was rezoned to B-3 in 1990. The zoning classification was changed to AB Area Business District with the comprehensive amendment to the zoning ordinance in 1992.The property remained undeveloped until 1997 when the bank was constructed. In 2001,the Kindercare learning center was constructed on lots 1 & 3, and the bank was rezoned from AB Area Business District to PAB Planned Area Business District. The remaining lot 2,the subject property for this petition was,not included in that planned development(reference Exhibit J). E. Surrounding Land Use and Zoning Standard. The suitability of the subject property for the intended zoning district with respect to consistency and compatibility with surrounding land use and zoning. Findings. The subject property is suitable for the intended zoning district with respect to consistency and compatibility with surrounding land use and zoning. • The proposed use is consistent with the surrounding land uses. The property to the north of the subject property located across Bowes Road is zoned PAB Planned Area Business District and is developed with a mix of commercial uses. The property located immediately south of the subject property is zoned PMFR Planned Multiple Family Residence District and is developed with the Willow Bay Club townhome project. The property located east across Umdenstock Road is zoned RC1 Residence Conservation District and is developed with single family homes(Heartland Meadows,Unit 9 Subdivision). F. Trend of Development Standard. The suitability of the subject property for the intended zoning district with respect to consistency with an existing pattern of development or an identifiable trend of development in the area. - 4- Findings of Fact Planning and Development Commission Petition 34-06 June 5, 2006 Findings. The subject property is suitable for the intended zoning district with respect to consistency with an existing pattern of development or an identifiable trend within the area. The subject property is located within an area of commercial land uses benefiting from the visibility and accessibility offered by the highly traveled Bowes road and Randall Road. G. Zoning District Standard. The suitability of the subject property for the intended zoning 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 Area Business District is to provide commodities and services to several neighborhoods and in some instances to a community wide or regional supporting population, subject to the provisions of Chapter 19.60, Planned Developments. A PAB zoning district is most similar to,but may depart from the standard requirements of the AB Area Business District. The purpose and intent of the provision of planned developments is to accommodate unique development situations. For planned development districts,the planned development should demonstrate the following characteristics: 1. An opportunity to realize a development of demonstrated need with respect to the. rib* types of environment available to the public that would not be possible under the strict application of the other chapters of this title; 2. A creative approach to the use of land and related improvements resulting in better design and construction of aesthetic amenities; and 3. The preservation of significant natural features including topography,watercourses, wetlands, and vegetation. Findings. The subject property is suitable for the intended zoning district with respect to conformance to the provision for the purpose and intent, and the location and size of a PAB Planned Area Business District. The applicant is requesting departures from the standard requirements of the AB Area Business District. The proposed establishment of a planned development will allow the construction of three principal buildings on a zoning lot sharing common access and minimum setbacks. The property will be landscaped with materials in excess of what the zoning ordinance requires,which will mitigate the requested departures and provide for an adequate buffer from the adjacent residential use. The subject property is located in the ARC Arterial Road Corridor District. The purpose of the ARC district is to ensure quality development along the entryway corridors into the City of Elgin. The building design demonstrates high quality architecture on all elevations and contains primarily masonry materials on the exterior. - 5 - • Findings of Fact Planning and Development Commission Petition 34-06 June 5, 2006 H. Comprehensive Plan Standard. The suitability of the subject property for the intended zoning district with respect to conformance to the goals, objectives, and policies of the official comprehensive plan. Findings. The subject property is suitable for the intended zoning district with respect to the Comprehensive Plan Standard. The subject property is designated as "Highway Commercial"by the Comprehensive Plan and Design Guidelines (2005). Areas designated Highway Commercial typically serve surrounding neighborhood areas,but also larger trade areas connected by the arterial street system. They may include all of the commercial uses found in the mixed-use centers. In addition, they typically include highway-serving uses such as fast food restaurants, auto- oriented uses such as tire stores, service stations, auto parts stores, and other stand alone retail uses. These commercial areas are generally auto dominated with few pedestrian amenities. The proposed PAB district is compatible with this designation. Natural Preservation. 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 Natural Preservation Standard. There are no significant natural features present at the subject property worthy of preservation. J. Internal Land Use Standard. 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 internal land use standard. The proposed development will be regulated by the terms and conditions of the planned development ordinances controlling the use and development of the commercial areas(PAB District). The proposed planned development ordinance will prevent undue detrimental influence on the proposed internal land uses and on the surrounding properties. PLANNED DEVELOPMENT DEPARTURES AND EXCEPTIONS A planned development maybe granted certain departures from the normal standards,regulations, requirements,and procedures of the zoning ordinance. This planned development is proposed to be zoned PAB District. The applicant is requesting certain departures from the normal standards, - 6 • Findings of Fact Planning and Development Commission. Petition 34-06 June 5, 2006 regulations, and requirements of the zoning ordinance. For the purposes of this section, the most similar zoning district is the AB Area Business District. The applicant is requesting the following proposed departures: 1. Section 19.12.300 (E.),Principal Buildings per Zoning Lot. In the AB District,no more than one principal building is allowed on a zoning lot. The applicant is proposing to develop the zoning lot with three buildings. 2. Section 19.12.400(D.),Setbacks from a Private Drive. Where a zoning lot contains two or more principal buildings,the minimum required building setback from all driveways and all private streets located on such a zoning lot shall be is 20 feet. The applicant is proposing a two foot building setback from a private drive(a 90% departure). 3. Section 19.12.400 (E.), Vehicle Use Area Street Setback Exceptions. 1. Extended Setbacks. For zoning lot within a community facility district, a business district, or an industrial district,which adjoins a residence conservation district or a residence district along the same street frontage, the minimum required vehicle use area setback from the street lot line shall be equal to the minimum required building setback from a street lot line for the adjoining more restrictive zoning district. Accordingly, the extended vehicle use area setback from Umdenstock Road is 25 feet. The applicant is proposing an eight foot setback (a 68%departure). rik 4. Section 19.12.720.(A),Transition Landscape Yard. The AB District requires reS a minimum 28 foot transition landscape yard along the south property line.The applicant is proposing a 25 foot transition landscape yard (an 11% departure). The transition landscape yard will contain a six foot solid fence and landscaping materials which exceed the requirements of the zoning ordinance. 5. Section 19.35.435(E.),Vehicle Use Area Setbacks.The following setbacks are required for the proposed development: (a) Street Setback: For zoning lots with a vehicle use area, the minimum required vehicle setback from a street lot line shall be ten linear feet. The applicant is proposing a five foot setback from both Bowes Road and Umdenstock Road(a 50% departure). (b) Interior Setback: For zoning lots with a vehicle use area, the minimum required vehicle setback from a street lot line shall be six linear feet. The applicant is proposing a three foot setback (a 50% departure). SUMMARY OF FINDINGS,UNRESOLVED ISSUES, AND ALTERNATIVES The Planning and Development Commission has developed or identified the following findings, unresolved issues, and alternatives: - 7 - s Findings of Fact Planning and Development Commission Petition 34-06 June 5, 2006 r A. Summary of Findings. 1. Positive Attributes. The establishment of a high quality commercial development will be an attractive amenity at this intersection.The proposed use will likely attract additional customers to the general area, which will in turn generate additional tax revenue for the city. 2. Zoning District. The applicant is requesting departures from the standard requirements of the AB Area Business District. The proposed establishment of a planned development will allow the construction of three principal buildings on a zoning lot sharing common access and minimum setbacks. The property will be landscaped with materials in excess of what the zoning ordinance requires, which will mitigate the requested departures and provide for an adequate buffer from the adjacent residential use. The subject property is located in the ARC Arterial Road Corridor District. The purpose of the ARC district is to ensure quality development along the entryway corridors into the City of Elgin. The building design demonstrates high quality architecture on all elevations and contains primarily masonry materials on the exterior. B. Summary of Unresolved Issues. There are no unresolved issues. C. Summary of Alternatives. Other than an approval,a denial,or an approval with some combination of conditions,there are no substantive alternatives. RECOMMENDATION The Planning and Development Commission hereby recommends the approval of Petition 34-06. On a motion to recommend approval,subject to the following conditions,the vote was seven(7)yes and zero (0)no: 1. Substantial conformance to the Petitioner's Statement of Purpose and Conformance submitted with the development application and cover letter submitted by Peter Bazos, Esquire; no date. 2. Substantial conformance to the Site Development Plans prepared by Monarch Design & Construction, LLC and dated March 3, 2006 with revisions as required by the Community - 8 -