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HomeMy WebLinkAboutG39-10 (2) • • Ordinance No. G39-10 AN ORDINANCE AMENDING PAB PLANNED AREA BUSINESS DISTRICT ORDINANCE NO. G75-06 FOR THE ESTABLISHMENT OF A DRIVING SCHOOL (High Point Plaza— 1350 East Chicago Street) WHEREAS, written application has been made to amend the PAB Planned Area Business District Ordinance for the certain property located at 1350 East Chicago Street; and WHEREAS, the Planning and Development Commission conducted a public hearing after due notice by publication and has submitted its findings of fact and recommended approval; and WHEREAS, the City Council of the City of Elgin concurs in the findings and recommendation 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 July 6,2010,made by the Planning and Development Commission,a copy of which is attached rm. hereto and made a part hereof by reference as Exhibit A. Section 2. That Ordinance No. 75-06 entitled "An Ordinance Reclassifying Property from the CI Commercial Industrial District to PAB Planned Area Business District,"passed October 25, 2006, be and is hereby amended in its entirety as follows: Section 3. That Chapter 19.08, Section 19.08.020 entitled Zoning District map of the Elgin Municipal Code,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: That part of Section 17 and Section 20,both in Township 41 North,Range 9 East of the third principal meridian, described as follows: commencing at the northwest corner of the southwest quarter of aforesaid Section 17 and running thence North 87 degrees 51 minutes 25 seconds East,along the North line of said southwest quarter, 768.01 feet;thence South 1 degree 10 minutes 19 seconds East 863.50 feet; thence North 89 degrees 16 minutes 53 seconds West, 181.08 feet; thence South 3 degrees 1 minute 16 seconds West, 634 feet;thence South 64 degrees 35 minutes 31 r seconds West,228.44 feet;thence South 3 degrees 1 minute 16 seconds West,558.98 feet;thence South 76 degrees, 33 minutes 8 seconds East,687.59 feet;thence South 85 degrees 33 minutes 12 seconds East,70.77 feet,for the point of beginning;thence South 3 degrees 59 minutes 42 seconds East, 441.64 feet, to the northerly line of Illinois Route 19 (Irving Park Road) as said road was dedicated by document no. 11200329; thence North 85 degrees 7 minutes 9 seconds East, along said northerly line, 166.84 feet;thence South 6 degrees 53 minutes 24 seconds East,along said line 15 feet; thence North 83 degrees 6 minutes 36 seconds East, along said line, 299.08 feet;thence North 4 degrees 13 minutes 28 seconds East,56.69 feet;thence North 10 degrees 0 minutes 41 seconds West 373.45 feet;thence South 87 degrees 20 minutes 46 seconds West 425.36 feet;thence North 85 degrees 33 minutes 12 seconds West, 10.11 feet,to the point of beginning,excepting therefrom that part thereof deeded to the people of the State of Illinois, Department of Transportation, by deed recorded August 5, 1998 as Document Number 98688397 more specifically described as follows: that part of the northwest quarter of Section 20, Township 41 North,Range 9 East of the third principal meridian, in Cook County,Illinois described as follows: commencing at the northwest corner of said northwest quarter; thence north 88 degrees 28 minutes 34 seconds east 1,573.57 feet(bearings assumed for description purposes only)along the north line of said northwest quarter to the west right of way of Shales Parkway(Lovell Road)as established by document no. 88486058; thence south 9 degrees 48 minutes 16 seconds east, 4.55 feet to a bend in said right of way line;thence south 4 degrees 26 minutes 10 seconds west 36.64 feet, along said right of way line for the point of beginning;thence continuing south 4 degrees 26 minutes 10 seconds west, 20.00 feet, along said west right of way to the north right of way line of Chicago-Elgin Road (Illinois Route 19) as established by document no. 11200329; thence south 83 degrees 16 minutes 27 seconds west, 20.00 feet, along said north right of way line; thence north 43 degrees 51 minutes 19 seconds east, 30.90 feet to the point of beginning: also excepting therefrom that part dedicated for public street(a portion of Philips Way)by plat of dedication recorded June 7, 1990 as Document No. 90267579 more particularly described as follows: beginning at the northwest corner of the subject land;thence south 85 degrees 33 minutes 12 seconds east, a distance of 10.11 feet; thence north 87 degrees 20 minutes 46 seconds east, a distance of 4.00 feet to a line that is 14.00 feet,as measured perpendicular,easterly of and parallel with a line that bears south 03 degrees 59 minutes 42 seconds east from the point of beginning; thence south 03 degrees 59 minutes 42 seconds east, along said parallel line, a distance of 70.00 feet; thence south 86 degrees 00 minutes 18 seconds west,perpendicular to the last described line, a distance of 14.00 feet to the aforesaid line that bears south 03 degrees 59 minutes 42 seconds east from the point of beginning;thence north 03 degrees 59 minutes 42 seconds west,along said line,a distance of 71.58 feet to the point of beginning, situated in the City of Elgin, Cook County,Illinois and containing 4.57 acres more or less. (Property commonly known as 1350 East Chicago Street) r Section 4. That the City Council of the City of Elgin hereby grants the rezoning of the PAB District for the property commonly known as 1350 E. Chicago Street, and legally described above, which shall be designed developed, and operated subject to the following provisions: A. Purpose and Intent. The purpose of the PAB 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 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 following enumerated "land uses" [SR] shall be the only land uses allowed as a "permitted use" [SR] or as a "conditional 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: a. Municipal services division: Public parks, recreation, open space (UNCL) on a "zoning lot" [SR] containing less than two (2) acres of land. b. Offices division: "Offices" [SR] (UNCL). c. Finance, insurance, and real estate division: "Development sales offices" [SR] (UNCL). Finance, insurance, and real estate (H). d. Services division: Advertising (731). r Automotive renting and leasing without drivers (751). Barbershops (724). Beauty shops (723). Carpet and upholstery cleaning agents without plants on the premises(7217). Coin operated laundries and dry cleaning (7215). 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 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 healthcare services (808). Automobile driving instruction(8299)restricted to one specific suite,within the Highpoint Plaza Shopping Center at 1350 East Chicago Street, to be specified by the property owner at the time of occupancy approval. 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). 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). 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). Professional sports operators and promoters (7941). r 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). Watch, clock and jewelry repair(763). e. Retail trade division: 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). 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). Mobile home dealers (52). Motor vehicle dealers (5994). News dealers (5994). Optical goods stores (5995). Tobacco stores (5993). f. Agricultural division: 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). g. Construction division: "Contractor's office and equipment areas" [SR] (UNCL). h. Manufacturing division: Commercial printing occupying less than five thousand(5,000)square feet of gross floor area(2752). i. 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 existing structures" [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). 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). j. 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. r "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 planned area business district: a. Municipal services division: "Municipal facilities" [SR] on a zoning lot [SR] containing less than two(2) acres of land. b. Public administration division: Public administration(J)on a zoning lot containing less than two(2)acres of land. c. Services division: Child daycare services (835). Churches, convents, monasteries, and temples (8661). Coin operated amusement establishments (7993). Dance halls (7911). Dance studios and schools (791). Funeral service (726). "Home child daycare services" [SR] (8351). Individual and family social services (832). Membership organizations (86). Membership sports and recreation clubs (7997). Motion picture theaters (7832). Physical fitness facilities (7991). d. Retail trade division: Drinking places (alcoholic beverages) (5813). Firearms sales (5941). "Motor vehicle service stations" [SR] (554). "Outdoor eating and drinking facilities" [SR] (UNCL). "Package liquor sales establishments" [SR] (5921). Pawnshops (5932). e. Agricultural division: "Kennels" [SR] (0752). f. Mining division: r "Temporary mining" [SR] (UNCL). g. Wholesale trade division: Beer, wine, and distilled alcoholic beverages (518). Lumber and other construction materials (503). h. 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). Heliports (458). 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). "Treatment, transmission, and distribution facilities: equipment, equipment buildings, towers, exchanges, substations, regulators" [SR] (UNCL). Water transportation(44). i. 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 19.60 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 subject to the provisions of Section 19.12, Site Design, of the Elgin Municipal Code, as amended. The development of land and structures shall be in substantial conformance with the following: 1. Substantial conformance to the Statement of Purpose submitted by Dearborn r Construction and Development, Ltd., submitted on March 10, 2005. 2. Substantial conformance to the Site Plans titled "Existing Conditions" and "Geometric Plan" prepared by Marchris Engineering, Ltd., dated April 25, 2005 and last revised October 3, 2005. 3. Substantial conformance to the landscape plans sheets LS-1 and LS-2 prepared by Marchris Engineering,Ltd.,dated March 3,2005 and last revised May 30, 2006. 4. Substantial conformance to the elevation drawings Sheet No. 2 prepared by Ernest E. Ternovits, Jr. Architects, dated March 29, 2005 and last revised March 3 2006. 5. Substantial conformance to the Section drawings through the property titled Section A and the line of sight drawing prepared by Marchris Engineering, Ltd., dated March 20, 2006. 6. 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. The minimum number of required off street parking stalls shall be in conformance with the provisions of Chapter 19.45, except as follows: Sit-down restaurants: 1 stall for every 100 square feet of floor area. Carry-out restaurants: 1 stall for every 85 square feet of floor area. 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. Signs. In this PAB zoning district,signs shall be subject to the provisions of Chapter 19.50, Signs, 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 r 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. _ 1(==Ciaattvel Ed Schock, Mayor Presented: August 11, 2010 F E t G Passed: August 11, 2010 © G/4/ .. Omnibus Vote: Yeas: 7 Nays: 0 = gi2;,21 2010 • '- i'► = Attest: � �1i)°RAT IN Diane Robertson, ity Clerk r July 6, 2010 FINDINGS OF FACT Planning and Development Commission City of Elgin, Illinois SUBJECT Consideration of Petition 14-10 Requesting an Amendment to PAB Planned Area Business District Ordinance Number G75-06,and Granting Conditional Use Approval to Permit the Establishment of a Driving School;Property Located at 1350 East Chicago Street;by Leo Lenaghan,as Applicant,and Dearborn Construction and Development, Ltd., as Owner. GENERAL INFORMATION Requested Action: Amendment to PAB Planned Area Business District Ordinance No. G75-06 and Conditional Use Approval Current Zoning: PAB Planned Area Business District Proposed Zoning PAB Planned Area Business District Existing Use: Vacant Commercial Tenant Space Proposed Use: Driving School Property Location: 1350 East Chicago Street Applicant: Leo Lenaghan Owners: Dearborn Construction and Development, Ltd. Staff Coordinator: Lydia Treganza,Associate Planner LIST OF EXHIBITS A. Location Map (see attached) B. Zoning Map (see attached) C. Parcel Map (see attached) D. Aerial Map (see attached) E. Environmental Map (see attached) Exhibit A Map Amendment Review Planning and Development Commission Petition 14-10 July 6, 2010 ! F. Site Photos (see attached) G. Statement of Purpose (see attached) H. Draft PAB Ordinance (see attached) BACKGROUND An application has been filed by Dearborn Construction and Development, Ltd., seeking an amendment to PAB Planned Area Business District Ordinance Number G75-06,and conditional use approval to provide for the establishment of a driving school. The property is located at 1350 East Chicago Street(reference Exhibits A, B, C, D, E, and F). The applicant is requesting to amend PAB Planned Area Business District Ordinance Number G75- 06,to allow a driving school business to operate on the subject property. The business owner,also the sole driving school instructor in this business, would only offer classroom automobile driving instruction on the premises.The instructor would arrange to pick up and drop off students from their home,or a similar location,and would take each student out for individual in-car driving instruction in this manner. Class sizes would range from 6 to 20 students. A driving school is not provided for in this PAB Planned Area Business District. The applicant is thus requesting an amendment to the planned development ordinance and conditional use approval to allow a driving school business within this PAB district. The amended planned development ordinance will repeal Ordinance No. G75-06 (reference Exhibits G, and H). GENERAL FINDINGS After due notice, as required by law, the Planning and Development Commission held a public hearing in consideration of Petition 14-10 on July 6, 2010. The applicant testified at the public hearing. No objectors to the petition were present.The Community Development Group submitted a Map Amendment Review, dated June 30, 2010. The Planning and Development Commission has made the following general findings: 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 comprised of a 4.57 acre commercial subdivision commonly known - 2 - • • Map Amendment Review Planning and Development Commission • Petition 14-10 July 6, 2010 rik as High Point Plaza Shopping Center. The shopping center was developed in 2006,with a 33,000 square feet commercial building, containing multiple tenant spaces, and off-street parking. The proposed 1,000 square foot driving business establishment will occupy one vacant tenant space within the existing commercial building. 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 intended zoning district with respect to the sewer and water standard. The subject property is served by municipal water, sanitary sewer and storm water control facilities. The design of stormwater management systems is in compliance with the Kane County Stormwater Ordinance. 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. r The subject property is located at the northwest corner of East Chicago Street and Shales Parkway and has frontage along East Chicago Street. The site has two points of access which include a right-in/right-out access drive along East Chicago Street and a full access drive along Shales Parkway. East Chicago Street is an arterial street serving the east side of Elgin. Shales Parkway is a collector street serving the neighborhoods in the vicinity of the commercial center. Off street parking is 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. 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: Outside City Limits 1950: Outside City Limits elk 1960: Outside City Limits - 3 - Map Amendment Review Planning and Development Commission Petition 14-10 July 6, 2010 1962: Outside City Limits 1992: B4 General Service Business District Present: PAB Planned Area Business District ARC Arterial Road Corridor Overlay District The subject property was annexed and zoned B4 General Service Business District in 1988 as part of the Woodland Creek Subdivision Annexation. The subject property was rezoned to CI Commercial Industrial District as part of the comprehensive amendment to the zoning ordinance in 1992. In 2006 it was reclassified from CI Commercial Industrial District to PAB Planned Area Business District to provide for the development of the shopping center. 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 area located to the north of the subject property is zoned PRC Planned Residence Conservation District, and is improved with single family residential homes. The areas to the west and south are zoned CI Commercial Industrial District, and are improved with automobile sales and service related uses. The area to the east lies within unincorporated Cook County and is comprised of the Commonwealth Edison right-of-way and vacant land. 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. 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 along an arterial roadway that is developed primarily with automobile sales and service related uses. Elgin High School is located in close proximity to the shopping center and has been identified by the applicant as a strong potential client base. G. Planned Development 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 PAB Planned Area Business District is to provide commodities and services to several neighborhoods, and in some instances to a communitywide or regional rh supporting population,subject to the provisions of chapter 19.60 of the zoning ordinance. A -4 - • Map Amendment Review Planning and Development Commission Petition 14-10 July 6, 2010 rik PAB zoning district is most similar to,but departs from the standard requirements of the AB zoning district. The purpose and intent of the ARC Arterial Road Corridor Overlay district is to promote and facilitate the implementation of the objectives, policies, and strategies of the city of Elgin "Comprehensive Plan." The ARC overlay district is a zoning overlay district, and accordingly,the property located within the district shall also be subject to the regulations of the underlying zoning district in which it is located. In general, the purpose and intent of the provision for 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 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. 3. The preservation of significant natural features including topography, watercourses,wetlands, and vegetation. Planned business districts should be located in substantial conformance to the official comprehensive plan. The amount necessary to constitute a separate planned business district exclusive of right of way,but including adjoining land or land directly opposite a right of way shall not be less than two acres. No departure from the required minimum size of planned development district shall be granted from the city council. 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 proposed amendment to the PAB Planned Area Business District is to permit the establishment of a driving school that is in substantial conformance with the purpose and intent of the planned development provisions of the ordinance and the ARC overlay district. The PAB zoning district is most similar to, but departs from the standard requirements of the AB zoning district. In the AB Area Business district, automobile driving instruction is included under the category of"other schools and educational services", listed under the Services Division of the Conditional Use section of allowed land uses, Section 19.35.430. The proposed driving school will offer a use that will fit in with its surrounding area. There are numerous automobile dealerships along East Chicago Street adjoining the commercial center. Due to the proximity of the driving school to Elgin High School,the driving school will be available to students in need of its services. Regular classes will be taught for 3 days a week for 10 months each year. Hours of operation will be from 3:30 pm to 5:15 pm and from 6:40 pm to 8:15 pm. Summer classes will take place for 5 weeks, each year, in June - 5 - • Findings of Fact Planning and Development Commission Petition 14-10 July 6, 2010 and July,on Mondays through Wednesdays,from 1:00 pm to 3:00 pm and from 6:40 pm to 8:40 pm. 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 "Highway Commercial" by the City's Comprehensive Plan and Design Guidelines dated 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 land use is in keeping with the objectives and policies of the "Highway Commercial" comprehensive plan designation. rii I. 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 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. No evidence has been submitted or found that the proposed planned development will be located,designed,or operated in a manner that will exercise undue detrimental influence on itself or surrounding property. The planned district ordinance is intended to prevent undue detrimental influence on the proposed internal land uses within the subject property and on surrounding properties. - 6 - Findings of Fact Planning and Development Commission ' Petition 14-10 July 6, 2010 SUMMARY OF FINDINGS, UNRESOLVED ISSUES AND ALTERNATIVES The Planning and Development Commission has developed or identified the following findings, unresolved issues and alternatives: A. Summary of Findings Positive Attributes: The proposed driving school will offer a use that will fit in with its surrounding area. There are numerous automobile dealerships along East Chicago Street adjoining the commercial center. Due to the proximity of the driving school to Elgin High School,the driving school will be available to students in need of its services. No evidence has been submitted or found that the proposed planned development will be located,designed,or operated in a manner that will exercise undue detrimental influence on itself or surrounding property. The planned district ordinance is intended to prevent undue detrimental influence on the proposed internal land uses within the subject property and on surrounding properties. B. Summary of Unresolved Issues. elmk 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 recommends the approval of Petition 14-10. On a motion to recommend approval, subject to the following conditions, the vote was four(4)yes, and zero (0) no. 1. Substantial conformance to the Petitioner's Statement of Purpose and Conformance, prepared by Leo Lenaghan and Charles Lucchese of Dearborn Construction&Development, Ltd., dated June 10, 2010. 2. The driving school is restricted to the specific suite within the Highpoint Plaza Shopping Center at 1350 East Chicago Street, agreed upon between the applicant and the City at the time of occupancy approval. 3. Compliance with all other applicable codes and ordinances. - 7 - Findings of Fact Planning and Development Commission Petition 14-10 July 6, 2010 r Therefore,the motion to recommend approval of Petition 14-10 was adopted. Respectfully Submitted, s/ Robert Siljestrom Robert Siljestrom,Chairman Planning and Development Commission s/ Sarosh Saher Sarosh Saher, Secretary Planning and Development Commission r r - 8 -