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HomeMy WebLinkAboutG46-13 Ordinance No. G46-13 AN ORDINANCE CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PAB PLANNED AREA BUSINESS DISTRICT (1500 N. Randall Road) WHEREAS, the territory herein described commonly known as 1500 North Randall Road, has been annexed to the City of Elgin; and WHEREAS, written application has been made to classify said territory in the PAB Planned Area Business District: and WHEREAS, the Planning & Zoning 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 & 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 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 hereinafter 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 the Southeast Quarter of Section 31, Township 42 North, Range 8, East of the Third Principal Meridian, described as follows: Commencing at the Northeast corner of the said Southeast Quarter of Section 31: thence South 01 degrees 41 minutes 39 seconds West, along the East line of the Southeast Quarter of said Section 31, a distance of 1,337.70 feet to the Easterly extension of the Southerly line of Holmes Road, as dedicated per document no. 97K033351, thence South 88 degrees 53 minutes 04 seconds West, along said Easterly extension, a distance of 60.07 feet to the Westerly right of way line of Randall Road, said line being 60 feet Westerly measured perpendicular to, and parallel with said east line of the Southeast Quarter of Section 31 for the point of beginning: thence continuing South 88 degrees 53 minutes 04 seconds West. along said Southerly line of Holmes Road, a distance of 516.44 feet to the Easterly right of way line of Capital Street, as dedicated per document no. 95K03470, thence South 02 degrees 0') minutes 59 seconds West, along said Easterly right of way line and Southerly extension of Capital Street, a distance of 445.36 feet to a line that bears South 88 degrees 51 minutes 39 seconds West from a point on the East line of said Southeast Quarter that is 1,782.69 feet as measured along said East line, Southerly of the aforesaid Northeast corner of the Southeast Quarter; thence North 88 degrees 51 minutes 39 seconds East, along said line, a distance of 519.35 feet to aforesaid Westerly right of way line of Randall Road; thence North 01 degrees 41 minutes 39 seconds East along said Westerly right of way line, a distance of 445.00 feet to the point of beginning. Being situated in Dundee Township, Kane County, Illinois (commonly known as 1500 N. Randall Road). Section 3. That the City Council of the City of Elgin hereby grants the rezoning from F Farming District in Kane County to PAB Planned Area Business District at 1500 North Randall Road which shall be designed, developed, and operated subject to the following provisions: A. Purpose and Intent. 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 supporting population, subject to the provisions of chapter 19.60 of the zoning ordinance. 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, 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 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, as may be amended from time to time. D. Zoning Districts - Generally. In this PAB Planned Area Business District, the use and development of land and structures shall be subject to the provisions of Chapter 19.07; Zoning Districts; as may be amended from time to time. E. Location and Size of District. PAB Planned Area Business Districts should be located in substantial confonnance to the official comprehensive plan. The amount of land necessary to constitute a separate PAB District exclusive of rights of way, but including adjoining land or land directly opposite a right of way shall not be less than two acres, unless such land is located between any nonresidential zoning district, and any residence district or an residence conservation district, which all have frontage on the same block. No departure from the required minimum size of a planned district shall be granted by the City Council. F. Land Use. In this PAB Planned Area Business District, the use and development of land and structures shall be subject to the provisions of Chapter 19.10, Land - 2 - Use, of the Elgin Municipal Code, as amended. The following land uses shall be the only permitted uses allowed within this PAB zoning district. `'Sale of new automobiles (defined to include passenger vehicles, sport utility vehicles, vans and pickups) and accessory 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; in-house financial services pertaining to automobile sales." G. Site Design. In this PAB Planned General District, 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. The development of land and structures shall be in substantial conformance with the following: 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, BMLS, 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 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 11, 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 V. Sheet S-1 — Signage depicting Free-Standing Signage and additionally revised on August 29, 2013. h. Traffic Impact Study prepared by Gewalt Hamilton Associates, Inc., dated June 6, 2013. In the event of any conflict between the foregoing documents and this ordinance or any other applicable city ordinances, this ordinance or other applicable city ordinances shall supersede and control. 3. 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, installed on a solid and level concrete pad, properly screened with a masonry wall enclosure, and located, installed, listed and labeled, maintained and utilized pursuant to the regulations within Title 16 of the Elgin Municipal code and other applicable laws. 4. 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. 5. Compliance with all applicable codes and ordinances. H. Off Street Parking. In this PAB Planned Area Business District, off street parking shall be subject to the provisions of Chapter 19.45, Off Street Parking, of the Elgin Municipal Code, as may be amended, except as provided within this section. I. Off Street Loading. In this PAB Planned Area Business District, off street loading shall be subject to the provisions of Chapter 19.47, Off Street Loading, as may be amended from time to time. J. Signs. In this PAB Planned Area Business District, signs shall be subject to the provisions of 19.50, Signs, as may be amended from time to time. K. Planned Developments. In this PAB Planned Area Business District, the use and development of the land and structures shall be subject to the provisions of Chapter 19.60, Planned Developments; as may be amended from time to time. A conditional use for a planned development may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PAB zoning district and without necessitating that all other property owners authorize such an application. - 4 - L. Conditional Uses. In this PAB Planned Area Business District, application for conditional uses shall be subject to the provisions of Chapter 19.65, Conditional Uses, as may be amended from time to time. A conditional use may be requested by an individual property owner for a zoning lot without requiring an amendment to this PAB zoning district and without necessitating that all other property owners authorize such an application. M. Variations. In this PAB Planned Area Business District, application for variation shall be subject to the provisions of Chapter 19.70, Variations, as may be amended from time to time. A variation may be requested by an individual property owner for a zoning lot without requiring an amendment to this PAB zoning district and without necessitating that all other property owners authorize such an application. N. 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, as may be amended from time to time. Section 4. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. avid J. Kaptaffi, M yor Presented: October 2'). 2013 Passed: October 23, 2013 Vote: Yeas: 9 Nays: 0 Recorded: October 2'), 2013 Published: : October 25, 2013 Attest: o r imberly Dewis, Qyity Clerk - 5 - September 3, 2013 PLANNING AND ZONING COMMISSION RECOMMENDATION AND FINDINGS OF FACT Community Development Department City of Elgin, IL OVERVIEW Hertz Corporation requests an amendment to a previously approved planned development. ordinance to allow them to establish a car wash bay within their tenant space in the shopping center. The land use is not provided for within the planned development ordinance that governs the development and operation of the shopping center. An amendment to PAB Planned Area Business District Ordinance No. G39-10 and subsequent amendments contained within Ordinance No. G55-12 is therefore required to establish the car wash bay within the permitted car renting and leasing tenant space. The Planning & Zoning Commission recommends approval of the application, subject to the conditions outlined at the end of this report. GENERAL INFORMATION Petition Number: 30-13 Recommendation: APPROVE, subject to conditions outlined at the conclusion of this Report(See Recommendation Detail) Applicant: Hertz Corporation History: After due notice as required by law, the Planning & Zoning Commission held a public hearing and considered Petition 30-13 on September 3, 2013. The applicant submitted a Statement of Purpose Conformance dated received July 19, 2013 and testified at the public hearing. Staff Coordinator: Denise Momodu. Associate Planner List of Exhibits: A. Aerial/Location Map B. Zoning Map C. Parcel Map D. Site Photos E. Statement of Purpose and Conformance, Application F. Draft PAB Ordinance Amendment Exhibit A Recommendation & Findings of Fact Planning & Zoning Commission Petition 30-13 September 3, 2013 BACKGROUND AND PROJECT DETAIL Hertz Corporation proposes to operate a passenger car renting and leasing agency at the commercial shopping center. The proposed business will occupy 1,500 square feet of tenant space and will operate Monday through Friday from 7:30 a.m. to 6 p.m., and from 9:00 a.m. to 1:00 p.m. on Saturday. As part of their business plan Hertz is requesting to install a 13 foot wide by 20 feet deep car wash bay within the tenant space to allow them to wash their rental cars on- site. The wash bay will be used to clean the rental agency's vehicles only; it will not be open to the general public. The cars will be washed by hand. An accessory wash bay is a customary and traditional land use associated rental agency, but the proposed wash bay measuring 260 square feet cannot be classified as an accessory land use because it exceeds the allowable 10% of the business floor area. Car washes are only allowed in conjunction with a gas station at the subject property. The applicant is thus requesting an amendment of PAB ordinances G39-10 and subsequent amendments contained within Ordinance No. G55-12, to allow them to wash cars within the tenant space. The applicant is not proposing any modification to the location, design, operation and configuration of the existing shopping center, its parking lot, or access driveways. The 4.57-acre subject property was annexed to the city in 1988 as part of the Woodland Creek Subdivision annexation and the shopping center was developed in 2007, containing 32 tenant spaces. FINDINGS OF FACT Upon considering the amendment to the Ordinance G39-10 and subsequent amendments contained within Ordinance No. G55-12, 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 operation, design and configuration of the proposed car wash bay restricted to the proposed tenant space will not negatively impact the adjoining businesses located within the shopping center. 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 departures are contemplated at this time. RECOMMENDATION DETAIL By a vote of six (6) yes, zero (0) no, the Planning & Zoning Commission recommends the - 2 - Recommendation & Findings of Fact Planning & Zoning Commission Petition 30-13 September 3, 2013 approval of Petition 30-13, 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 #27, located at 1350 East Chicago Street. 4. Compliance with all other applicable codes and ordinances. Therefore, the motion to recommend approval of Petition 30-13 was adopted. s/ Robert Siljestrom Robert Siljestrom, Chairman Planning and Zoning Commission s/ Dave Waden Dave Waden, Secretary Planning and Zoning Commission - 3 - <.Y a ,'i 3�i" �s}f 'h"_ ' �I •� ,,a ,� -\?y f�ei4���;rw.�Y^��1'- t3L'�i. '.r!• �yam.�r '�°F 1 c "-�•� � �-� .:fi• '� 'fe a � `�-I;fVr+� ���� '�r -'1R�'. � �- �.'� � '�� ,,.�w;ji ✓�-„U_- �� ��•)r,�r +rl -.y � '��:.��f � � ;t'�-- �� ����}����J,� � tai f� ,�1( T•'K? l�, �l � ri. YN Mon -�•'r x •l„ _Q. �r. '�i S�C� � ri }��.�.� �{'_ a—� f .�-,T r !?Q ,, `��•rt �5 9.�: . \ 'i--.�L '_— PALO •~ti__-_- _J���'�'�i-�7 ��T X1.1 •�� �l`C 4 M1.�II, �T •Y - �tr¢ • � ��.f �;�+S}� 4ti IIr - ~mil y 5� sad ;Sl fir F � 'r? Y TrTP v y �e Cr7 rIj °'ter u •r , ..�'+-',:` v li �7 #. -c'i i f1 '�! � r '��.,, ire •4*�_�-tx`� 5,{3.E' L�� � �', FX'ifrl`� �, �� � ���1 r 's - � . ��'� '`�"�.- �s c,-��- ft�may-•-r� Y y -4 •� 1•:'� `ce- +�. 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Z a z PRC r M Subject Property Petition 30-13 Legend Q.:%suenoe ODnsenra=1 Qi�shenCe Ooirze.raIM 2 v = �meace�n e+vatun 3 OPameo Resuence Ow,se:vubn Osngp==tj;cesuewe 1 Q = oshga Faatf ueox 2 1 Z OPameo Sb;L-FEMI�ReMence 2 I C TooFaalty Resoe..m W v owZbkFanvj tesu=_nce v O03ame2 Vir431e F amM RasWnre O.Rsuenoe cushess v oPameo Resuen¢gt _ere ss C3.vgmi on000'e Whess P OPt neo Mipt)anooa&shess i ®am-castesH ®Pameo area SusiessN��VE -caa?rav 1 -Oewwctl 2 -Pameo CeaSr Cty �03x Resear�In7vaS;e1 Q-a.Tiea One te'suv l tic.X.I m I ®G2ners11. as7al ©PUmw GeneaWar•ral oCUnme VsI Ca=r.1 M. ne3O3MMtrIrJ:--B=J oCOmmakJ F ao1Cy of ox.slier?re�en2s►xi -Pameo Cei?r Cty 2 QPamea 1 Q?amea Ttvo Fanu1�esu�ix EXHIBIT B Zoning Map s City of Elgin Department of Community Development 0 75150 300 450 600 Feet Subject Property 1350 E Chicago St Petition 30-13 06173000340000 06173000330000 A 06201000100000 EjAST CHICAGO STREET r a x A w z � Q 7 m EXHBIIT C Parcel Map City of Elgin U 20 40 so 120 leo Department of Community Development Fit EXHIBIT ® - SITE LOCATION 1350 East Chicago Street Petition 30-13 ifi I I.Ll —�-- 1 •P V _ --,.-„----: rte-1_�?r'.'�'^ �' ” _ 'c � �- I , • 3 _ r .' -. - U ! �+1`�""'t �e�i�+_1.. . •--- r.Y {'- .. .j'- t: .rte.L Perspective View #1 Site Pictures