HomeMy WebLinkAboutG45-13 Ordinance No. G45-13
AN ORDINANCE AMENDING
PAB PLANNED AREA BUSINESS DISTRICTORDINANCE NO. G39-10
AND AMENDMENTS CONTAINED WITHIN ORDINANCE NO. G55-12
(High Point Plaza - 1350 East Chicago Street)
WHEREAS, the property commonly known as High Point Plaza at 1350 East Chicago
Street was zoned in the 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, Ordinance No. G39-10 was further amended by the provisions contained
within Ordinance No. G55-12; and
WHEREAS, written application has been made to further amend Ordinance Nos. G39-10
and G55-12, to allow for the establishment of a car wash bay within a tenant space in the
shopping center; 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 has reviewed the findings and
recommendations 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 September 3, 2013, 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 Section 2. A. "Services Division" of Ordinance No. G55-12 entitled
"An Ordinance Amending PAB Planned Area Business District Ordinance No. G39-10" passed
September 26, 2012, be and is hereby amended only as set forth in this ordinance as follows:
That the following permitted land use is added:
9. Single enclosed "car wash" [SR] bay as a component land use with an automotive
rental and leasing establishment (without drivers), SIC 751, and specifically
limited to tenant space Unit 927.
And subject to the following conditions:
1. Substantial Conformance to the Statement of Purpose and Conformance for Hertz
Corporation, submitted with the development application dated received July 19,
2013. 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. Substantial conformance to the Site and Floor Plans, submitted with the development
application, dated received July 19, 2013.
3. The wash bay will be restricted to the tenant space Unit 927, located at 1350 East
Chicago Street. In the event that the principal use of this tenant space changes to a
use other than an establishment whose purpose is to rent passenger vehicles to the
general public (specifically "automotive rental and leasing without drivers" SIC 751),
the authorization for a car wash bay provided for in this ordinance shall terminate and
the car wash bay shall be removed prior to the issuance of an occupancy permit for
the subsequent use.
4. Compliance with all other applicable codes and ordinances.
Section 3. That except as specifically amended herein, the use and development of
the Subject Property shall be controlled pursuant to the provisions of Ordinance G39-10 and
subsequent provisions contained within Ordinance No. G55-12, which two ordinances shall
remain in full force and effect. In the event of any conflict between this ordinance, which
expressly includes those documents within Section 2, and Ordinance No. G39-10 and Ordinance
No. G55-12, this ordinance and associated documents shall control and prevail.
Section 4. That this ordinance shall be full force and effect immediately after its
passage in the manner provided by law.
David J. Ka tain, ayor
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Presented: October 23, 2013
Passed: October 23, 2013
Omnibus Vote: Yeas: 9 Nays: 0
Recorded: October 23, 2013
Published: : October 25, 2013
Attest:
e
imberly Dewis, City Clerk
0
September 3, 2013
FINDINGS OF FACT
Planning & Zoning Commission City of Elgin, Illinois
PROJECT OVERVIEW
BLMS, LLC requests approval of annexation, zoning and planned development approval for the
establishment of a Motor Vehicle Dealership on the property located at 1500 North Randall
Road. The proposed building, associated outdoor display lot and stormwater management areas
will occupy the entire 5 acre site. The Planning and Zoning Commission recommends
approval of the requested annexation, zoning and planned development, subiect to the
conditions outlined at the end of this report.
Petition Number: 29-13
Requested Action: Annexation. Zoning and Planned Development Approval
Current Zoning: F-Farming District (unincorporated Kane County)
Proposed Zoning: PAB Planned Area Business District
Existing Use: Vacant Property
Proposed Use: Motor Vehicle Dealership
Property Location: 1500 North Randall Road
Applicant BLMS. LLC d/b/a Brilliance Subaru
Owner C & L Farms
Staff Coordinator: Sarosh B. Saher. AICP. Senior Planner
LIST OF EXHIBITS ATTACHED
A. Aerial/Location Map
B. Zoning Map
C. Parcel Map
D. Site Photos
E. Application, Statement of Purpose & Conformance, and Development Plan
F. Draft Ordinances
Exhibit A
i
Findings of Fact Planning & Zoning Commission
Petition 29-13 September 3, 2013
BACKGROUND
BLMS, LLC proposes to establish a Subaru Dealership on the approximately 5.29 acre property.
The property is currently located within unincorporated Kane County. The applicant is therefore
requesting annexation, zoning and planned development approval to be able to complete the
development as proposed.
The development will include the construction of an approximately 20,000 square feet building
containing a new automobile showroom, automobile service areas, a carwash and offices; an
approximately 300-space parking and outdoor display lot and required stormwater management
facilities.
The single-story showroom building will be designed in keeping with the corporate standards of
Subaru. The east elevation and a portion of the north elevation of the building will be designed in
a storefront character with large curtain-wall windows supported on a slate-clad knee wall. The
sign band will be located on a composite metal panel surface supported on round metal-clad
columns allowing it to overhang the storefront while creating an arcade effect over the storefront.
A vertical accent feature constructed in slate will contain the logo of the company. The
remaining elevations containing the service entrances to the building will be designed with
architectural cast concrete walls with vertical and horizontal joint lines to create interest in the
otherwise large expanse of concrete.
The building, its parking and outdoor display lot are proposed to be located within the central
and northerly portion of the lot in such a manner so as to incorporate and preserve a 48 inch
diameter white oak tree that is located in the southwesterly portion of the property. To
additionally accommodate the tree, the development's stormwater management detention basin
has been designed to provide adequate room with natural area around drip line of the tree
necessitating the use of retaining walls within the basin, and the removal of a number of less
significant trees located along the southerly lot line. The applicant has compensated for the
removal of these trees by adding a number of trees with a total diameter at breast height (DBH)
greater than what is removed.. and therefore keeping with the requirements of the city's tree
preservation ordinance.
The development also proposes to include a number of permeable paved parking stalls located
around the southerly portions of the site.
FINDINGS ON THE STANDARDS FOR PLANNED DEVELOPMENTS
After due notice, as required by law, the Planning & Zoning Commission held a public hearing
in consideration of Petition 29-13 on September 3, 2013. The applicant testified at the public
hearing and presented documentary evidence in support of the application. The Community
Development Department submitted a Planned Development Review, dated September 3, 2013.
A. Site Characteristics Standard. The suitability of the subject property for the proposed
planned development, with respect to its size, shape and any existing improvements.
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Findings of Fact Planning & Zoning Commission
g g g
Petition 29-13 September 3, 2013
Findings: The subject property under consideration is a regularly shaped parcel
containing a total of approximately 5.29 acres of land. The property is currently vacant.
Elevations on the site range from a high point of 886 feet at the northwest corner of the
site around the intersection of Holmes Road and Capital Street to a low point of 873 feet
at the southeast corner of the site fronting Randall Road, for a maximum relief of 13 feet.
The property is vacant and undeveloped. There are a number of trees identified on the
site, most of which are located along the southerly portion of the property and make up
the northerly edge of a larger wooded area lying immediately south of the property. The
remaining portion of the property has vegetation comprising primarily of native wetland
related plants and grasses.
B. Sewer and Water Standard. The suitability of the subject property for the proposed
planned development with respect to the availability of adequate water, sanitary
treatment, and stormivater control facilities.
Findings: The applicant intends to connect to municipal sanitary sewer and water mains
that are currently present and adjacent to the subject property. Stormwater control will be
provided on site and in compliance with the Kane County storm water management
requirements.
C. Traffic and Parking Standard. The suitability of the subject property for the proposed
planned development 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 has frontage along Randall Road, Holmes Road and
Capital Street. Randall Road is an arterial street serving Elgin and the communities
located to the north and south of Elgin. Holmes Road and Capital Street are local streets
that serve the office, research and industrial subdivisions in the northwest portion of
Elgin. It should be noted that the Capital Street right-of-way only runs along the northerly
220 feet of the west lot line of the subject property and remains un-improved at this time.
The applicant does not propose to improve any portion of Capital Street at this time. The
intersection of Randall Road and Holmes Road was recently improved with a signalized
intersection during the development of Advocate Sherman Hospital located on east side
of Randall Road.
Access to the motor vehicle dealership will be provided via two points off Holmes Road
—one for customers and one for service vehicles and deliveries. No access is proposed off
Randall Road or Capital Street.
Parking will be provided for both customer and employee vehicles, as well as for new
motor vehicles within the outdoor display lot proposed on the property. A total of 303
stalls are proposed to be located on the site. Of these stalls, 74 will be located on a
surface constructed in permeable pavers. The applicant proposes to additionally construct
four concrete display pads for the display of new vehicle models being offered for sale at
the dealer.
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Findings of Fact Planning & Zoning Commission
Petition 29-13 September 3, 2013
D. Zoning History Standard. The suitability of the subject property for the proposed
planned development with respect to the length of time the property has remained
undeveloped or unused in its current zoning district.
Findings: The property subject to this annexation request is currently zoned for farming
in Kane County.
E. Surrounding Land Use and Zoning Standard. The suitability of the subject property
for the proposed planned development with respect to consistency and compatibility with
surrounding land use and zoning.
Findings: The area to the east of the subject property is zoned PCF Planned Community
Facility District and is developed with the hospital campus of Advocate Sherman
Hospital. The remaining areas to the north, west and south are zoned ORI Office
Research Industrial District. The property to the north is developed with a professional
office building, while the properties to the west and south remain undeveloped.
F. Trend of Development Standard. The suitability of the subject property for the
proposed planned development with respect to its consistency with an existing pattern of
development or an identifiable trend of development in the area.
Findings: The subject property is located in the northwest quadrant of the city,
approximately half mile south of Interstate 90, and in an area that is developing with
commercial, industrial and institutional uses along Randall Road.
G. Zoning Districts Standard. The suitability of the subject property for the proposed
planned development with respect to conformance to the provisions for the purpose and
intent, and the location and size of a zoning district.
The applicant is requesting planned development district classification within a PAB
Planned Area Business District. The purpose and intent of the provisions 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 the zoning ordinance.
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 districts should be located in substantial conformance with the official
comprehensive plan. The amount of land necessary to constitute a separate planned
residential district exclusive of rights of way, but including adjoining land or land directly
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Findings of Fact Planning & Zoning Commission
Petition 29-13 September 3, 2013
opposite a right of way shall not be less than two acres. No departure from the requested
minimum size of a planned district shall be granted by City Council.
Findings: The proposed development is consistent with the location, design and
operational requirements for planned developments.
H. Comprehensive Plan Standard. The suitability of the subject property for the proposed
planned development with respect to conformance to the goals, objectives, and policies of
the official comprehensive plan.
Findings: The subject property is designated as "Office Research Industrial" under the
Employment Designation by the City's Comprehensive Plan and Design Guidelines,
dated 2005. This designation provides the city with guidance on a larger comprehensive
area that is beyond the environment of Randall Road. However, the trend of development
of Randall Road along its northerly extent within the community, particularly between
Big Timber Road and Higgins Road/IL Rt. 72, has been with a mix of retail, commercial,
institutional, and auto related uses in addition to those uses defined as office, research and
industrial. The proposed land use pertaining to the sale of new automobiles contained
within a well-designed and landscaped site is therefore suitable for the environment
within which it is being established.
I. Natural Preservation Standard. The suitability of the subject property for the proposed
planned development with respect to the preservation of all significant natural features
including topography, watercourses, wetlands, and vegetation.
Findings: Natural features on the site comprise of a number of trees located along the
southerly portion of the property that make up the northerly edge of a larger wooded area
lying immediately south of the property, and native grasses and plants within the
remaining open area of the property which is identified as a wetland by the Kane County
Advanced Identification (ADID) study. The purpose of the study is to identify the
location and quality of the wetlands of Kane County and to develop wetland protection
and mitigation strategies. The study identifies the wetland as one without high habitat
value or high functional value. As such this wetland may be drained or filled without
negatively impacting the natural environment within or around the property.
The applicant has identified 63 trees on the property ranging in diameter at breast height
(DBH) of between 2 inches and 48 inches. Of these trees, four are of a significant size
ranging in DBH of 27 inches (2 trees), 34 inches and 48 inches. The applicant has rated
the condition of the trees with a DBH of 27 and 34 inches average to poor, and has
proposed their removal and replacement with new trees within the development. The tree
with a DBH of 48 inches, a White Oak, has been rated with a condition of average.
However, due to its significant size and species, the tree is proposed to be preserved and
maintained through accommodations in the design of the paved surfaces and stormwater
detention areas immediately surrounding the tree.
Of the remaining 59 trees on the site ranging in DBH of 2 inches to 14 inches, the
applicant is proposing to retain 8 existing trees, and replace these with 56 new trees
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Findings of Fact Planning & Zoning Commission
Petition 29-13 September 3, 2013
within the development for a net increase of 5 trees and in conformance with the tree
preservation ordinance. The applicant proposes to landscape the vehicle use area
landscape yards with a variety of trees, shrubs, perennials and ornamental grasses. The
outdoor display lot will be designed with landscaped islands containing a minimum of
two trees and a variety of shrubs, perennials and grasses. The stormwater detention area
will be naturalized with native seed mixes.
There are no additional significant natural features on the site that are 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: No evidence has been found that the requested planned development will be
located, designed, and operated in a manner that will exercise undue detrimental
influence on itself or surrounding property. The annexation agreement and planned
district ordinances are intended to prevent or mitigate undue detrimental influence on the
proposed internal land uses and surrounding properties.
PLANNED DEVELOPMENT DEPARTURES AND EXCEPTIONS
A planned development may be granted certain departures from the normal standards,
regulations, requirements, and procedures of the Elgin Zoning Ordinance and Subdivision
Ordinance. The applicant is requesting zoning classification within a PAB Planned Area
Business District. For the purposes of this section, the most similar zoning district is the AB Area
Business District. The applicant is requesting the following departure from the standard
requirements of the AB Area Business District:
K. Requested Site Design Departures: The following two departures are being requested
by the applicant as a result of accommodating the 48 inch DBH White Oak Tree located
at the southerly end of the property requiring the entire development to be located in
closer proximity to the northerly lot line than the zoning ordinance requires.
• 19.35.435.E.2.a: Vehicle Use Area Street Setback. In the AB District, the
minimum vehicle use area (VUA) street setback is 10.6 feet. The applicant is
requesting a minimum vehicle use area setback of 3 feet along Holmes Road. The
area will continue to be landscaped with trees and shrubs consistent with the
remaining street facing tree banks on the property.
• 19.90.015: Supplementary Regulations — Outdoor Display Lots. The zoning
ordinance requires that outdoor display lots be established with a minimum 15
foot setback from a street lot line, while allowing for display pads to be installed
within 5 feet of a street lot line. The applicant is requesting the establishment of
the proposed outdoor display lot with a minimum setback of 10 feet from the
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Findings of Fact Planning & Zoning Commission
g g g
Petition 29-13 September 3, 2013
street lot line along Randall Road, and a minimum setback of 3 feet from the
street lot line of Holmes Road.
L. Requested Street Graphics Departures: The following departures are being requested
by the applicant to establish signage on the property in accordance with design and
branding standards of the car manufacturer. The applicant is requesting approval for the
ability to construct graphics on the property that will match the height of graphics across
the street that were recently approved for Advocate Sherman Hospital and the Randall/I-
90 Automall, and be designed around the standards provided for shopping center
graphics. It should be noted that the standards for monument graphics provided for the
auto dealers along Rt-19 on the east side of Elgin provide for a maximum area of 240
square feet and a maximum height of 30 feet for a primary monument graphic on the lot.
• 19.50.070.D.2: Number of Monument Graphics. The zoning ordinance restricts'
the number of monument graphics to 1 graphic per principal building on a zoning
lot. The subject property is proposed to be developed with 1 principal building
thereby allowing for 1 monument sign to be installed. The applicant is requesting
approval for the construction of 2 monument signs facing Randall Road.
• 19.50.070.D.3: Size and Height of Monument Graphics. The zoning ordinance
determines the size in terms of area of a monument graphic based on the speed
limit of the street that the property has frontage on. The property has frontage on
Randall Road and Holmes Road with a speed limit of 45 and 30 miles per hour
respectively. As such, the zoning ordinance allows for a maximum area of 80
square feet for signs facing Randall Road, and maximum area of 40 square feet
for signs facing Holmes Road. The maximum height of monument graphics
allowed is 10 feet.
The graphic on the northwest corner of the property is proposed to be 177 square
feet in area and 18 feet in height requiring a departure from the requirements of
the zoning ordinance. The height and area of the proposed sign is consistent with,
but less than that allowed by the zoning ordinance for shopping center signs on
larger commercial zoning lots. Additionally, the campus of Advocate Sherman
Hospital across the street from the subject property was recently provided with
approval to install 20 feet high signs on their property facing Randall Road. Auto
dealerships within the Randall/90 Automall to the north were each provided with
the ability to install monument signs with a maximum area of 200 square feet and
a maximum height of 20 feet.
• 19.50.080.D.2: Number of Wall Graphics. The zoning ordinance allows for a
maximum of two wall graphics on the building, and one additional service
entrance graphic at the side or rear of the building. The applicant is requesting
approval for three wall graphics on the front elevation of the building which
comprise of the company logo and two graphics with the name and brand on each
graphic and one wall graphic on the south elevation that consists of the brand and
name of the dealership for a total of four wall graphics. Additionally the applicant
is requesting approval of two service entrance graphics, one of which will be an
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Findings of Fact Planning & Zoning Commission
Petition 29-13 September 3, 2013
electronic message sign. Electronic message signs are allowed on properties with
frontage along Randall Road.
No departures are being requested on the area of wall graphics proposed on the
building.
• 19.50.090.C: Special Street Graphics- Directional Graphics: The zoning
ordinance allows for directional graphics on properties with two or more
driveways. The maximum area of a direction graphic for a property with frontage
along a street with less than 35 miles per hour is 2 square feet. The applicant is
requesting approval to install one directional graphic at each entrance driveway to
the property off Holmes Road with an area of 8 square feet. These graphics will
be constructed as monument graphics.
RECOMMENDATION
On the issue of the request for annexation, zoning and planned development of the subject
property, the Planning and Zoning Commission recommended approval, with a vote of six (6)
yes and zero (0) no, and subject to the following conditions:
1. Substantial conformance with the application packet containing the following
attached documentation:
a. Petition for Annexation prepared and signed by BLMS, LLC and C&L
Farms, Inc., dated July 3, 2013.
b. Annexation and Planned Development Statements of Purpose and
Conformance and attachments, prepared by Scott G. Richmond, Esq., of
Ariano, Hardy, Ritt, Nyuli, Richmond, Lytle and Goettel, P.C. on behalf
of the applicant, BLMS, LLC, dated July 3, 2013.
2. Substantial conformance with the Development Plan containing the following
documents, and subject to required revisions, comments and recommendations of
the Community Development, Engineering, Water and Fire Departments:
a. Preliminary Site Plan prepared by Manhard Consulting, Ltd., dated May 6,
2013 and last revised on August 19, 2013.
b. Preliminary Engineering Plan prepared by Manhard Consulting, Ltd.,
dated May 6, 2013 and last revised on August 19, 2013.
C. Plat of Annexation entitled '`Map of Territory Annexed to the City of
Elgin. Kane County, Illinois," prepared by Manhard Consulting, Ltd.,
dated June 5. 2013.
d. Plat of Survey, prepared by Alan J. Coulson, P.C., dated March 20, 2013.
e. Site Landscape Plans consisting of the following plans prepared by
McCallum Associates, Inc., and Camburas & Theodore. Ltd., dated May
10, 2013 and last revised on August 19, 2013:
i. Sheet L-1.0—Landscape Plan
ii. Sheet L-2.0—Tree Inventory Plan
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Findings of Fact Planning & Zoning Commission
Petition 29-13 September 3, 2013
f. Site Photometric Plan, Sheet E0.1, prepared by Camburas & Theodore,
Ltd., dated November 16, 2012.
g. Building plans and elevations consisting of the following plans prepared
by Camburas & Theodore, Ltd., dated June 1 1, 2013.
i. Sheet A-1 —Exterior Elevations
ii. Sheet A-2—Floor Plan
iii. Color Rendered Elevations and Building View Sheets
iv. Sheet A-1 — Exterior Elevations depicting Wall Signage and
"Received by the City of Elgin on September 3, 2013."
V. Sheet S-1 — Signage depicting Free-Standing Signage and
"Received by the City of Elgin on September 3, 2013."
h. Traffic Impact Study prepared by Gewalt Hamilton Associates, Inc., dated
June 6, 2013.
3. The land use operated on the site shall be limited exclusively to the sale of new
automobiles (defined to include passenger vehicles, sport utility vehicles, vans
and pickups) and uses customarily accessory to such new automobile retail sales,
including without limitation: the sale of used automobiles; the sale of automobile
parts and tires; the performance of automobile service, repairs and maintenance;
the operation of a car wash for dealership and customer vehicles and in-house
financial services pertaining to automobile sales.
4. An above-ground gasoline storage tank not exceeding one storage tank up to
2,500 gallons for the fueling of dealership and customer automobiles may be
installed at the rear of the property, properly screened with a masonry wall, and
constructed, maintained and utilized pursuant to all applicable laws (excluding
any City of Elgin code that otherwise prohibits such above-ground tanks).
5. A protection and maintenance plan for the 48 inch DBH Oak Tree shall be
submitted to the city for review and approval of staff prior to adoption of a
resolution annexing the property to the City of Elgin.
6. Compliance with all applicable codes and ordinances.
Respectfully submitted:
s/Robert Siliestrom
Robert Siljestrom, Chairman
Planning & Zoning Commission
s/Dave Waden
Dave Waden, Secretary
Planning & Zoning Commission
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Petition 29-13
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