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Home My WebLink AboutG55-12 Ordinance No. G55-12 • AN ORDINANCE AMENDING PAB PLANNED AREA BUSINESS DISTRICT ORDINANCE NO. G39-10 (High Point Plaza - 1350 East Chicago Street) WHEREAS, the property was zoned PAB Planned Area Business District pursuant to Ordinance No. G75-06; and WHEREAS, Ordinance No. G39-10 amended Ordinance No. G75-06 in its entirety; and WHEREAS, written application has been made to amend certain provisions of Ordinance No. G39-10 by adding a list of "permitted and conditional uses" that will be subject to the provisions of Chapter 19.10 Land Use; and WHEREAS, after due notice in the manner provided by law, the Planning & 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 concurs in the findings and recommendation of the Planning & Zoning 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 August 6, 2012, made by the Planning & Zoning Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That Ordinance No. G39-10 entitled "An Ordinance Amending PAB Planned Area Business District Ordinance No G75-06 for the Establishment of a Driving School" passed August 11, 2010, be and is hereby amended only as set forth in this ordinance as follows: A. That Section 4 E. "Land Use," is amended by including the following additional land uses within Subsection 1 — "Permitted Uses.": Services Division 1. Laundry and garment services not elsewhere classified, provided no onsite processing (7219) 2. Misc. personal services not elsewhere classified, excluding dating service; escort service; massage parlors; steam baths; tattoo parlors; turkish baths; wedding chapels; locker rentals (7299) is i 3. Business services not elsewhere classified, except apparel pressing service for the trade; metal slitting and shearing, scrap steel cutting (7389) 4. "Car washes" [SR], in conjunction with a gas station only (7542) 5. Misc. repair shops and related services, not elsewhere classified, including repair shops for bicycles, binoculars and other optical goods and instruments, cameras and photographic equipment, dental, medical, surgical, precision, and surveying instruments, leather goods, luggage, pocketbooks, typewriters, tents, venetian blinds and window shades; laboratory, nautical and navigational, and scientific instruments repair, except electric; sharpening and repairing of knives, except saws and tools; key duplicating; lock parts made to order and locksmiths shops; custom picture framing (7699) 6. Kidney Dialysis Centers (8092) 7. Vocational schools (824) 8. Services not elsewhere classified, limited to offices only (899) Retail Trade Division 9. "Motor vehicle service stations" [SR] (554) 10. Drive in restaurants; limit one on the out lot only (5812) 11. Drinking places (alcoholic beverages) (5813) 12. "Outdoor eating and drinking facilities" [SR], in generally shall be limited • to the sidewalk in front of the associated tenant spaces and shall comply with all local, state, and federal regulations at all times, including but not limited to providing a 36-inch clear travel path through it as required by the American Association of Disability Act Design Standards (UNCL) 13. Used merchandise stores, except pawnshops (593) Wholesale Trade Division (no wholesale trade division shall exceed more than two tenant spaces for the entire shopping center) 14. Furniture and home furnishings (502) 15. Professional & commercial equipment and supplies (504) 16. Hardware and plumbing, and heating equipment and supplies (507) 17. Paper and paper products (511) 18. Drugs, drug proprietary, and druggists' sundries (512) 19. Apparel piece goods and notions (513) 20. Groceries and related products (514) B. That Section 4 E. `'Land Use," is amended by including the following additional land uses within Subsection 2 —"Conditional Uses." • - 2 - • Services Division 1. Billiard parlors, pool parlors (7999) 2. Amusement and recreational services, not elsewhere classified, excluding fortune tellers(7999) 3. Other schools and educational services, not elsewhere classified (829) Section 3. That except as specifically amended herein Ordinance G39-10 shall remain in full force and effect. Section 4. That this ordinance shall be full force and effect immediately after its passage in the manner provided by law. OLI.� David J. Kapl0h,Wor Presented: September 26, 2012 Passed: September 26, 2012 Omnibus Vote: Yeas: 7 Nays: 0 �nssfwMU� Recorded: September 26, 2012 ; Published: September 28, 2012 Attest: 9U'4-'� Kimberly Dewis, City Clerk • - 3 - August 6, 2012 PLANNING AND ZONING COMMISSION RECOMMENDATION AND FINDINGS OF FACT Development Community OVERVIEW Dearborn Construction and Development, Ltd., requests approval of an amendment to PAB Planned Area Business District Ordinance Number G39-10, to provide for additional permitted and conditional uses for the commercial shopping center located at 1350 East Chicago Street. The applicant is not seeking approval for any one specifically named user or tenant. GENERAL INFORMATION Petition No.: 11-12 RECOMMENDATION: APPROVE, subject to conditions outlined at the conclusion of this report (see Recommendation Detail) • Applicant: Dearborn Construction and Development, Ltd. Staff Coordinator: Denise Momodu, Associate Planner History: After due notice as required by law, the Planning and Zoning Commission held a public hearing and considered Petition 11-12 on August 6, 2012. The applicant submitted a Statement of Purpose and Conformance dated January 25, 2012 and testified at the public hearing_ List of Exhibits: A. Aerial/Location Map B. Zoning Map C. Parcel Map D. Site Photos E Development Application and Plans F. Permitted. Conditional and Similar Use List Table G. Draft PAB Ordinance H. Transcript BACKGROUND & PROJECT DETAIL The 4.57-acre subject property was annexed in 1988 as part of the Woodland Creek Subdivision • annexation to Elgin (Ordinance No. S8-88), and zoned B4 General Service Business District. In 1992, as part of the comprehensive amendment to the zoning ordinance, it was rezoned to CI Commercial Industrial District. Exhibit A • In 2006, the property was zoned PAB Planned Area Business District to permit the development of the High Point Plaza Shopping Center (Ordinance No. G75-06). The shopping center, built in 2007, contains 37,000 square feet of commercial space and 32 tenant spaces. In 2010, Ordinance No. G39-10 was adopted, which replaced G75-06 in its entirety and permitted the establishment of a driving school at the shopping center. Since that time, three commercial tenants have required conditional use approval to establish their uses on the property — (i) a package liquor store in 2008, (ii) a physical fitness facility in 2010, and (iii)the recently approved outdoor drinking and eating area for McGruder's Irish Pub. The granting of the requested amendment to the planned development can only be provided through an approval that requires a public hearing and City Council approval. FINDINGS OF FACT Upon considering the amendment to the Ordinance G39-10, the Planning & Zoning Commission finds that their findings of fact produced in relation to the original planned development application in 2006 still hold true. Specifically, the commission finds that the proposed list of uses consists of only those uses, which are currently allowed either as permitted, conditional, or similar uses in the AB Area Business District and ARC Arterial Road Corridor Overlay District. The provision of these additional uses would increase the marketability of the property and attract additional users to the currently vacant tenant spaces. • PLANNED DEVELOPMENT DEPARTURES AND EXCEPTIONS The subject property conforms to the requirements of Ordinance Number G39-10, which provided for the development of the property. No additional development requiring any departure from the requirements of the zoning ordinance is contemplated at this time. RECOMMENDATION DETAIL By a vote of seven (7) yes, zero (0) no, and one (1) abstention/recusal, the Planning & Zoning Commission recommends approval of Petition 11-12, subject to the following conditions: 1. Substantial Conformance to the Statement of Purpose and Conformance for 1350 East Chicago Street, Elgin, IL, submitted with the development application dated January 25, 2012. In the event of any conflict between such Statement of Purpose and Conformance and this ordinance or other applicable city ordinances, this ordinance or other applicable city ordinances shall supersede and control. 2. Compliance with all other applicable codes and ordinances. • Respectfully Submitted, Page 2 of 3 s/Robert Siljestrom • Robert Siljestrom, Chairman Planning & Zoning Commission s/ Sarosh Saher Sarosh Saher, Secretary Planning & Zoning Commission • • Page 3 of 3