G26-03 Ordinance No. G26-03
AN ORDINANCE
RECLASSIFYING PROPERTY FROM
NB NEIGHBORHOOD BUSINESS DISTRICT TO PNB PLANNED NEIGHBORHOOD
BUSINESS DISTRICT AND ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT
(790 SOUTH MC LEAN BOULEVARD)
WHEREAS, written application has been made to reclassify
certain property located at 790 South McLean Boulevard from NB
Neighborhood Business District to PNB Planned Neighborhood
Business District and ARC Arterial Road Corridor Overlay District;
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
rk CITY OF ELGIN, ILLINOIS :
Section 1 . That the City Council of the City of Elgin hereby
adopts the Findings of Fact, dated March 17, 2003 , made by the
Planning and Development Commission, a copy of which is attached
hereto and made a part hereof by reference as Exhibit A.
Section 2 . That Chapter 19 . 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 PNB Planned Neighborhood Business
District the following described property:
PARCEL A: THAT PART OF THE NORTHWEST QUARTER OF
SECTION 27, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE
THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS :
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 27;
THENCE NORTH 89 DEGREES 49 MINUTES 55 SECONDS EAST
ALONG THE NORTH LINE OF SAID SECTION 27, A DISTANCE OF
1293 . 18 FEET TO THE NORTHEAST CORNER OF COLLEGE GREEN
UNIT 2 ACCORDING TO THE PLAT THEREOF RECORRDED
AUGUST 12 , 1988 AS DOCUMENT 1926239 AND THE POINT OF
BEGINNING; THENCE CONTINUING NORTH 89 DEGREES 49
MINUTES 55 SECONDS EAST ALONG SAID NORTH LINE A
DISTANCE OF 334 . 56 FEET; THENCE SOUTH 7 DEGREES 00
MINUTES 00 SECONDS WEST A DISTANCE OF 259 . 76FEET TO THE
NORTHERLY RIGHT OF WAY LINE OF COLLEGE GREEN DRIVE AS
DEDICATED BY DOCUMENT 1926240 ; THENCE WESTERLY ALONG
SAID RIGHT OF WAY LINE ALONG A CURVE TO THE LEFT WHOSE
RADIUS IS 1056 . 00 FEET AN ARC DISTANCE OF 240 . 88 FEET
TO THE EASTERLY LINE OF SAID COLLEGE GREEN UNIT 2 ;
THENCE NORTH 12 DEGREES 38 MINUTES 43 SECONDS WEST
ALONG SAID EASTERLY LINE A DISTANCE OF 294 . 70 FEET TO
THE POINT OF BEGINNING, IN THE CITY OF ELGIN, KANE
COUNTY, ILLINOIS .
PARCEL B: THAT PART OF THE NORTHWEST QUARTER OF SECTION
27, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD
PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS : COMMENCING AT
THE NORTHWEST CORNER OF SAID SECTION 27 ; THENCE NORTH 89
DEGREES 49 MINUTES 55 SECONDS EAST ALONG THE NORTH LINE
OF SAID SECTION 27 A DISTANCE OF 1293 . 18 FEET TO THE
NORTHEAST CORNER OF COLLEGE GREEN UNIT 2 ACCORDING TO
THE PLAT THEREOF RECORDED AUGUST 12 , 1988 AS DOCUMENT
1926239; THENCE CONTINUING NORTH 89 DEGREES 49 MINUTES
55 SECONDS EAST ALONG SAID NORTH LINE A DISTANCE OF
334 . 56 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING
NORTH 89DEGREES 49 MINUTES 55 SECONDS EAST ALONG SAID
NORTH LINE 240 . 41 FEET TO THE WESTERLY RIGHT OF WAY LINE
OF MCLEAN BLVD. AS DEDICATED BY DOCUMENT 1926240 ; THENCE
SOUTHERLY ALONG SAID WESTERLY LINE ALONG A CURVE TO THE
LEFT WHOSE RADIUS IS 34 , 427 . 50 FEET AN ARC DISTANCE OF
277 . 95 FEET TO THE NORTHERLY RIGHT OF EWAY LINE OF
COLLEGE GREEN DRIVE AS DEDICATED BY DOCUMENT 1926240;
THENCE NORTH 84 DEGREES 05 MINUTES 31 SECONDS WEST ALONG
SAID NORTHERLY LINE A DISTANCE OF 119 . 08 FEET TO A POINT
OF CURVE; THENCE CONTINUING ALONG SAID NORTHERLY RIGHT
OF WAY LINE ALONG A CURVE TO THE LEFT WHOSE RADIUS IF
1056 . 00 FEET AN ARC DISTANCE OF 123 . 79 FEET; THENCE
NORTH 07 DEGREES 00 MINUTES 00 SECONDS EAST A DISTANCE
OF 259 . 76 FEET TO THE POINT OF BEGINNING, IN THE CITY OF
ELGIN, KANE COUNTY, ILLINOIS (PROPERTY COMMONLY KNOWN AS
790 SOUTH MCLEAN BOULEVARD) .
Section 3 . That the City Council of the City of Elgin hereby
'` grants the PNB Planned Neighborhood Business District rezoning
from NB Neighborhood Business District to PNB Planned Neighborhood
Business District at 790 South McLean Boulevard which shall be
designed, developed, and operated subject to the following
provisions :
A. Purpose and Intent.
The purpose of this PNB Planned Neighborhood Business District
is to provide for commercial areas supplying daily convenience
commodities and services to a neighborhood population. The
scale of development of this PNB zoning district is limited by
the applicable site design regulations due to its function and
resulting close proximity to residences .
B. Supplementary Regulations.
Any word or phrase contained within this chapter followed by
the symbol " [SR] " shall be subject to the definitions and the
additional interpretive requirements provided in Chapter 19 . 90,
Supplementary Regulations . The exclusion of such symbol shall
not exempt such word or phrase from the applicable
supplementary regulation.
C. General Provisions.
In this PNB Planned Neighborhood Business District, the use and
development of land and structures shall be subject to the
provisions of Chapter 19 . 05, General Provisions, as amended.
D. Zoning Districts - Generally.
In this PNB Planned Neighborhood Business District, the use and
development of land and structures shall be subject to the
provisions of Chapter 19 . 07, Zoning Districts, as amended.
E. Location and Size of District.
A PNB Planned Neighborhood Business District should be located
in substantial conformance with the official comprehensive plan
and shall be located on an arterial street at an intersection
with another arterial street or a "collector street" [SR] , or
in other areas deemed unsuitable for other zoning
classifications . The amount of land necessary to constitute a
separate NB zoning district exclusive of rights of way, but
including adjoining land or land directly opposite a right of
way shall be neither less than five acres nor greater than ten
acres .
F. Land Use.
In this PNB Planned Neighborhood Business District, the use and
development of land and structures shall be subject to the
provisions of Chapter 19 . 10, Land Use. The use and development
of land shall be in substantial conformance with the Statement
of Purpose and Conformance prepared by Arete 3 , dated March
10, 2003 , and the Description of Operations prepared by Alan
Kirk, dated March 6, 2003 . The following enumerated "land uses"
[SR] shall be the only land uses allowed as a "permitted use"
[SR] , as a "conditional use" [SR] , or as a "similar use" [SR]
in the NB Neighborhood Business District .
Permitted Uses. The following enumerated land uses shall be the
only land uses allowed as a permitted use in the NB Neighborhood
Business District :
Residences Division.
1 . "Upper floor apartment dwellings" [SR] (UNCL) .
Municipal Services Division.
2 . Public parks, recreation, open space (UNCL) on a "zoning lot"
[SR] containing less than two acres of land.
Offices Division.
3 . "Offices" [SR] (UNCL) .
Finance, Insurance, and Real Estate Division.
�► 4 . "Development sales offices" [SR] (UNCL) .
5 . Finance, insurance, and real estate (H) .
Services Division.
6 . Advertising (731) .
7 . Automotive renting and leasing without drivers (751) .
8 . Barber shops (724) .
9. Beauty shops (723) .
10 . "Bed and breakfast inns" [SR] (7011) .
11 . Carpet and upholstery cleaning agents without plants on the
premises (7217) .
12 . Coin operated laundries and dry cleaning (7215) .
13 . Commercial, economic, sociological and educational research
(8732) .
14 . Commercial, physical, and biological research (8731) .
15 . Computer programming, data processing and other computer
related services (737) .
16 . Computer rental and leasing (7377) .
17 . Consumer credit reporting agencies, mercantile reporting
agencies, and adjustment and collection agencies (732) .
18 . Dance studios and schools (791) .
19 . Detective and guard services (7381) .
20 . Electrical and electronic repair shops (7629) .
21 . Engineering, accounting, research, management and related
services (87) .
22 . Funeral service (726) .
23 . Garment pressing, and agents for laundries and dry cleaners
(7212) .
24 . Home health care services (808) .
25 . Laundry collecting and distributing outlets (7211) .
26 . Legal services (811) .
27 . Libraries (823) .
28 . Mailing, reproduction, commercial art and photography, and
stenographic services (733) .
29 . Management and public relations services (874) .
30 . Medical and dental laboratories (807) .
31 . Membership organizations (86) .
32 . Membership sports and recreation clubs (7997) .
33 . Miscellaneous personal services not elsewhere classified
(7299) .
34 . News syndicates (7383) .
35 . Noncommercial research organizations (8733) .
36 . Offices and clinics of dentists (802) .
37 . Offices and clinics of doctors of medicine (801) .
38 . Offices and clinics of doctors of osteopathy (803) .
39 . Offices and clinics of other health practitioners (804) .
40 . Other schools and educational services (829) .
41 . Personnel supply services (736) .
42 . Photofinishing laboratories (7384) .
43 . Photographic studios, portrait (722) .
44 . Physical fitness facilities (7991) .
45 . Professional sports operators and promoters (7941) .
46 . Radio and television repair shops (7622) .
47 . Refrigerator and air conditioning service and repair (7623) .
48 . Reupholstery and furniture repair (764) .
49 . Security systems services (7382) .
50 . Shoe repair shops and shoe shine parlors (725) .
51 . Tax return preparation services (7291) .
52 . Video tape rental (784) .
53 . Vocation schools (824) .
54 . Watch, clock and jewelry repair (763) .
Retail Trade Division.
56 . Apparel and accessory stores (56) .
56 . Building materials, hardware and garden supply (52) .
57 . Carryout restaurants (5812) .
58 . Catalog and mail order houses (5961) .
59 . Direct selling establishments (5963) .
60 . Drug stores and proprietary stores (591) .
61 . Eating places (5812) .
rft. 62 . Florists (5992) .
63 . Food stores (54) .
64 . General merchandise stores (53) .
65 . Home furniture, furnishings and equipment stores (57) .
66 . Miscellaneous retail stores not elsewhere classified (5999) .
67 . Miscellaneous shopping goods stores (594) .
68 . News dealers (5994) .
69. Optical goods stores (5995) .
70 . Tobacco stores (5993) .
71 . Used merchandise stores (593) .
Agricultural Division.
72 . Farm labor and management services (076) .
73 . Green houses for floral products, exclusively "accessory" [SR]
to a use allowed in the zoning district (0181) .
74 . Landscape counseling and planning (0781) .
Construction Division.
75 . "Contractors office and equipment areas" [SR] (UNCL) .
Manufacturing Division.
77 . Commercial printing occupying less than 5, 000 square feet of
gross floor area (2752) .
Transportation, Communication and Utilities Division.
folk 78 . "Amateur radio antennas" [SR] (UNCL) .
79 . Arrangement of passenger transportation (472) .
80 . Arrangement of transportation of freight and cargo (473) .
81 . Branch United States post offices (4311) .
82 . Bus charter service operators offices (414) .
83 . Cable and other pay television services (484) .
84 . "Commercial antennas and antenna structures mounted on existing
structures" [SR] (UNCL) .
85 . Communication services not elsewhere classified (489) .
86 . Intercity and rural bus transportation operators offices (413) .
87 . Local and suburban passenger transportation operators offices
(411) .
88 . Radio and television antennas" [SR] (UNCL) .
89. Radio and television broadcasting stations (483) .
90 . Railroad operators offices (401) .
91 . "Satellite dish antennas" [SR] (UNCL) .
92 . School bus operators offices (415) .
93 . Taxicab operators offices (412) .
94 . Telegraph and other message communications (482) .
95 . Telephone communications (481) .
96 . "Treatment, transmission, and distribution facilities : poles,
wires, cables, conduits, laterals, vaults, pipes, mains, and
!�` valves" [SR] (UNCL) .
Miscellaneous Uses Division.
97 . "Fences and walls" [SR] (UNCL) .
98 . "Loading facilities" [SR] (UNCL) , exclusively "accessory" [SR]
to a permitted use allowed in the NB Neighborhood Business
District, subject to the provisions of Chapter 19 .47, Off
Street Loading.
99 . "Outdoor display areas" [SR] (UNCL) .
100 . "Parking lots" [SR] (UNCL) , exclusively as an "accessory use"
[SR] to a permitted use allowed in the NB Neighborhood Business
District, subject to the provisions of Chapter 19 . 45, Off
Street Parking.
101 . "Signs" [SR] (UNCL) , subject to the provisions of Chapter
19 . 50, Signs .
102 . "Refuse collection area" [SR] .
103 . "Temporary uses" [SR] (UNCL) .
104 . "Accessory structures" [SR] (UNCL) to the permitted uses
allowed in this PNB Planned Neighborhood Business District,
subject to the provisions of Section 19 . 12 . 500, Accessory
Structures and Buildings .
105 . "Accessory uses" [SR] (UNCL) to the permitted uses allowed in
this PNB Planned Neighborhood Business District, subject to the
provisions of Section 19 . 10 . 400, Component Land Uses .
106 . Medical Equipment Rental and Leasing (SIC 7352) .
(Pk
Conditional Uses. The following enumerated land uses shall be the
only land uses allowed as a conditional use in this PNB
Neighborhood Business District :
Municipal Services Division.
1 . "Municipal facilities" [SR] on a zoning lot [SR] containing
less than two acres of land.
Public Administration Division.
2 . Public administration (J) on a zoning lot containing less than
two acres of land.
Finance, Insurance, and Real Estate Division
3 . Check cashing agencies (6099)
Services Division.
4 . Billiard parlors (7999)
5 . Bingo parlors (7999)
6 . "Car washes" [SR] (7542) .
7 . Child day care services (835) .
8 . Coin operated amusement establishments (7993)
9 . Fortune tellers (7999)
l0 . Home child day care services [SR] (8351) .
11 . Individual and family social services (832) .
12 . Job training and vocational rehabilitation services (833) .
13 . Massage parlors (7299)
14 . "Motor vehicle repair shops" [SR] (753) .
15 . "Motor vehicle top, body, and upholstery repair, and paint
shops" [SR] (7532) .
16 . Pool parlors (7999)
17 . Steam baths (7299)
18 . Tattoo parlors (7299)
19 . Turkish baths (7299)
Retail Trade Division.
20 . Convenience food stores, operated on a 24-hour basis (5411)
21 . Drinking places (alcoholic beverages) (5813) .
22 . Drive in restaurants (5812) .
23 . Firearms sales (5941)
24 . Motor vehicle dealers (55) .
25 . "Motor vehicle service stations" [SR] (554) .
26 . "Outdoor eating and drinking facilities" [SR] (5813) .
27 . "Package liquor sales establishments" (SR) (5921) .
Agricultural Division.
28 . Dog grooming (0752) .
29 . Veterinary services for household pets (0742) .
Mining Division.
30 . "Temporary mining" [SR] (UNCL) .
Transportation, Communication and Utilities Division.
31 . "Conditional commercial antennas and antenna structures mounted
on existing structures" [SR] (UNCL) .
32 . "Conditional Commercial Antenna Tower" [SR] (UNCL) .
33 . Courier services (4215) .
34 . Other radio and television antennas" [SR] (UNCL) .
35 . "Other satellite dish antennas" [SR] (UNCL) .
36 . Pipelines, except natural gas (461) .
37 . Railroad tracks (401) .
38 . "Treatment, transmission and distribution facilities :
equipment, equipment buildings, towers, exchanges, substations,
regulators" [SR] (UNCL) .
Miscellaneous Uses Division.
39 . "Master signage plan" [SR] , subject to the provisions of
Chapter 19 . 50, Signs.
40 . "Drive through facilities" [SR] (UNCL) , subject to the
provisions of Chapter 19 . 45, Off Street Parking.
eft
41 . "Planned developments" [SR] (UNCL) on a zoning lot containing
less than two acres of land, subject to the provisions of
Chapter 19 . 60, Planned Developments .
42 . "Accessory structures" [SR] (UNCL) to the conditional uses
allowed in the NB Neighborhood Business District, subject to
the provisions of Section 19 . 12 . 500, Accessory Structures and
Buildings .
43 . "Accessory package liquor sales establishment" (SR) (UNCL) .
44 . "Accessory uses" [SR] (UNCL) to the conditional uses allowed in
the PNB Planned Neighborhood Business District, subject to the
provisions of Section 19 . 10 . 400, Component Land Uses .
Similar Uses. The following enumerated land uses shall be subject
to classification as a permitted use or as a conditional use in
this PNB Planned Neighborhood Business District or in a less
restrictive zoning district, pursuant to Section 19 . 10 .400 H.
Classification of Land Uses :
Services Division.
l . Amusement and recreational services, not elsewhere classified
(7999) .
2 . Business services not elsewhere classified (7389) .
3 . Laundry and garment services not elsewhere classified (7219) .
4 . Miscellaneous health and allied services not elsewhere
classified (809) .
5 . Miscellaneous personal services not elsewhere classified
(7299) .
6 . Miscellaneous repair shops and related services (769) .
7 . Services not elsewhere classified (899) .
8 . Social services not elsewhere classified (839) .
Transportation, Communication, and Utilities Division.
9 . Transportation services not elsewhere classified (4789) .
(Ord. G37-98 § 1, 1999; Ord. G44-96 §§ 2 , 3 , 1996; Ord. G9-95
§ 1 (part) , 1995; Ord. G23-94 § 3 (part) , 1994 ; Ord. G45-92 § 2
(part) , 1992 . )
G. Site Design. In this PNB Planned Neighborhood Business
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:
eimk 1 . Substantial conformance to the Requested Sign Elevation,
prepared by Arete 3 , dated April 9, 2003 . The sign shall
be limited to 144 square feet in surface area. The sign
shall be used exclusively by Total Home Health, Inc .
Subsequent tenants shall conform to the sign ordinance .
2 . All wall signs shall be of the same font, style, and
color, when possible .
3 . Substantial conformance to the Statement of Purpose and
Conformance prepared by Arete 3 , dated March 10, 2003 ,
and the Description of Operations prepared by Alan Kirk,
dated March 6, 2003 .
4 . Substantial conformance to the Site Plan prepared by
Arete 3 Ltd. , and dated April 3 , 2003 , with the
following revision, which will be subject to the review
and approval of the Community Development Group:
Provide a secure pedestrian walkway which will link
the existing walkway near the southwest edge of the
property to the proposed buildings .
5 . Substantial conformance to the Landscape Plan prepared
by Arete 3 Ltd. , and dated April 3 , 2003 .
6 . Substantial conformance to the Building Elevations
prepared by Arete 3 Ltd. , and dated February 28, 2003 .
7 . Substantial conformance to the Proposed Photometric Plan
prepared by Arete 3 Ltd. , and dated April 3 , 2003 .
8 . Substantial conformance to the Lighting Specifications
exhibit, dated April 15, 2003 . Decorative lighting
fixtures shall be placed on the building and in the
parking lot .
9 . The area containing the liquid oxygen tank shall be
screened with a minimum 6 foot high wall constructed of
the same materials as the building. All refuse
collection areas shall be enclosed in substantial
conformance with the proposed "Trash Enclosure
Elevations/Plan" , submitted by Arete 3 , Ltd. , and dated
April 3 , 2003
10 . Any monument sign placed on the property shall contain
an 18" base constructed of the same material as the
building.
11 . Truck deliveries shall be limited to between 7 AM and 7
PM, Monday through Saturday.
12 . Compliance with all other applicable codes and
ordinances .
H. Off Street Parking. In this PNB Planned Neighborhood
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. The location and
design of driveways and off street parking facilities
shall also be subject to the Site Plan, prepared by
Arete 3 , and dated April 3 , 2003 .
I. Off Street Loading. In this PNB Planned Neighborhood
Business District, off street loading shall be subject
to the provisions of Chapter 19 .47, Off Street Loading,
as may be amended, except as provided within this
section. The location and design of driveways and off
street loading facilities shall be subject to the Site
Plan, prepared by Arete 3 , and dated April 3 , 2003 .
egm.
J. Signs. In this PNB Planned Neighborhood Business
District, signs shall be subject to the provisions of
19 . 50, Signs, as may be amended, except as provided
within this section. The provision of signs shall also
be in substantial conformance to the Proposed Sign
Elevation, prepared by Arete 3 , dated April 9, 2003 .
K. Planned Developments. In this PNB Planned Neighborhood
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.
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 PNB
Planned Neighborhood Business District without
necessitating that all other property owners authorize
such an application.
L. Conditional Uses . In this PNB Planned Neighborhood
Business District, application for conditional uses
shall be subject to the provisions of Chapter 19 . 65,
. Conditional Uses, as may be amended. A conditional use
may be requested by an individual property owner for a
zoning lot without requiring an amendment to this PNB
Planned Neighborhood Business District without
necessitating that all other property owners authorize
such an application.
M. Variations. In this PNB Planned Neighborhood 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 PNB Planned Neighborhood
Business District 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 the map amendment granted herein shall
expire if not established within two years from the date of
passage of this ordinance .
Section 5 . That this ordinance shall be in full force and
effect immediately after its passage in the manner provided by
law.
/ /
Ed Schock, Mayor
Presented: April 23 , 2003
Passed: April 23 , 2003
Omnibus Vote : Yeas : 6 Nays : 0
Recorded: April 24 , 2003
Attest :
Dolonna Mecum, City Clerk
March 17, 2003
FINDINGS OF FACT
Planning and Development Commission City of Elgin,Illinois
SUBJECT
Consideration of Petition 16-03 Requesting a Map Amendment from NB Neighborhood Business
District to PNB Planned Neighborhood Business District; Property Located at 790 South McLean
Boulevard,by Triumph Development Corporation, as Applicant and Owner.
BACKGROUND
Requested Action: Map Amendment
Current Zoning: NB Neighborhood Business District
Proposed Zoning: PNB Planned Neighborhood Business District
r, Intended Uses: Retail and Warehousing
Property Location: 790 South McLean Boulevard
Applicant and Owner: Triumph Development Corporation
Staff Coordinator: Todd Wyatt, 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. Site Photos (see attached)
F. Statement of Purpose and Conformance (see attached)
G. Development Plan (see attached)
Exhibit A
Findings of Fact Planning and Development Commission
Petition 16-03 March 17, 2003
H. Draft Planned Development Ordinance (see attached)
I. Correspondence (see attached)
BACKGROUND
An application has been filed by Triumph Development Corporation requesting a Map Amendment
from NB Neighborhood Business District to PNB Planned Neighborhood Business District to permit
the construction of a commercial development in the NB Neighborhood Business District and the
ARC Arterial Road Corridor Overlay District (see Exhibits A, B, C, D, and E).
The developer is proposing to construct two commercial buildings on the site,which contains 3.24
acres of land.One building will contain retail uses,while the second building will contain both retail
and warehousing in support of one of the retail tenants (see Exhibits F, G, H, and I).
The zoning ordinance requires that all new buildings over 1,000 square feet which are located on an
arterial road obtain planned development approval. Additionally, the warehousing use which is
proposed to be in support of one of the retail uses requires map amendment approval.
FINDINGS
After due notice, as required by law, the Planning and Development Commission held a public
hearing in consideration of Petition 16-03 on March 17,2003. The applicant testified at the public
hearing and presented documentary evidence in support of the application. The Community
Development Group submitted a Map Amendment Review, dated March 12, 2003.
The Planning and Development Commission has made the following findings concerning the
standards for map amendments:
A. Site Characteristics Standard. The suitability of the subject property for the intended
zoning district with respect to its size, shape, significant natural features (including
topography,watercourse and vegetation), and existing improvements.
Findings. The subject property is suitable for the intended zoning district with respect to the
site characteristics standard.
The subject property is a regularly shaped parcel containing 3.24 acres of land.Topography
on the site ranges from a high point of 828 feet at the eastern portion of the site to a low point
of 814 at the northwestern portion of the site, for a maximum relief of 14 feet. The property
is currently unimproved. A stand of trees is located along the north property line.
2
Findings of Fact Planning and Development Commission
Petition 16-03 March 17, 2003
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 property will be served by municipal sanitary sewer, storm sewer, and water main.
C. Traffic and Parking Standard. The suitability of the subject property for the intended
zoning district with respect to the provision of safe and efficient on-site and off-site vehicular
circulation designed to minimize traffic congestion.
Findings. The subject property is suitable for the intended zoning district with respect to the
traffic and parking standard.
The subject property is located at the northwest corner of the intersection of South McLean
Boulevard and College Green Drive.McLean Boulevard is an arterial road which serves the
west side of the city. College Green Drive is a collector road which serves the residential
subdivision to the west and the commercial center to the south of the subject property.
Parking will be 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 has been zoned as follows for the years listed:
1927: Out of City
1950: Out of City
1960: Out of City
1962: Out of City
1992: B-3 Service Business District
B-1 Retail Business District
Present: NB Neighborhood Business District
ARC Arterial Road Corridor Overlay District
The subject property was annexed and zoned B-3 Service Business District and B-1 Retail
Business District in 1970.
3
Findings of Fact Planning and Development Commission
Petition 16-03 March 17, 2003
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 areas to the north and east are zoned CF Community Facility District and are developed
with recreational and community facility uses.
The property to the south is zoned PNB Planned Neighborhood Business District and is
developed with a commercial center.
The areas to the west of the subject property is zoned PRC Planned Residential Conservation
District and is developed with townhomes.
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 in an established section of the South McLean Boulevard
corridor which has developed with various areas of recreational, community facility,
commercial, and industrial uses.
G. Zoning District Standard. The suitability of the subject property for the intended zoning
district with respect to conformance to the provisions for the purpose and intent, and the
location and size of a zoning district.
The purpose of the PNB Planned Neighborhood Business District is to provide for planned
commercial areas supplying daily convenience commodities and services to a neighborhood
population, subject to the provisions of Chapter 19.60,Planned Developments. The scale of
development of a PNB zoning district is limited by the applicable site design regulations due to
its function and resulting close proximity to residences. A PNB zoning district is most similar
to,but departs from the standard requirements of the NB zoning district.
Planned business districts should be located in substantial conformance to the official
comprehensive plan. The amount of land necessary to constitute a separate planned business
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. No departure from the required minimum size of a
planned business district shall be granted by the City Council.
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Findings of Fact Planning and Development Commission
Petition 16-03 March 17, 2003
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.
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 zoning district is a zoning overlay district,and accordingly,
a property located within the district shall also be subject to the regulations of the underlying
zoning district in which it is located.
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 PNB
Planned Neighborhood Business District and Arterial Road Corridor Overlay District.
The building adjacent to College Green Drive and the residential community will contain
retail uses which will be intended to supply daily convenience commodities and services to the
surrounding neighborhood population. The building located adjacent to South McLean
Boulevard will also provide retail services to the surrounding neighborhood, as well as to a
larger customer base. This development would not otherwise be possible through the strict
application of the zoning ordinance,due to the unique nature of the commercial development
proposed by the applicant.
Additionally, the subject property will be improved with two new buildings designed in a
classical style and of pre-cast concrete,will be landscaped with quantities of materials which
exceed the zoning ordinance requirements, and will otherwise be designed in accordance
with the ARC Arterial Road Corridor guidelines.
H. Comprehensive Plan Standard. The suitability of the subject property for the intended
zoning district with respect to conformance to the goals, objectives, and policies of the
official comprehensive plan.
Findings. The subject property is suitable for the intended zoning district with respect to the
Comprehensive Plan Standard.
The subject property is designated as a"Transportation Corridor"in the 1983 Comprehensive
Plan. The development proposal is consistent with its Comprehensive Plan designation.
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Findings of Fact Planning and Development Commission
Petition 16-03 March 17, 2003
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.
A stand of mature trees is located along the north property line. The developer has indicated
that all existing trees located on the property which are worthy of preservation will be
incorporated into their new landscape plan for this site.
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.
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. The applicant is requesting the
following departures from the standard requirements of the NB Neighborhood Business District:
A. Section 19.12.300. E - Principal Buildings per Zoning Lot. In the NB Neighborhood
Business District, no more than one principal building is permitted on a zoning lot. The
applicant is proposing two buildings on the zoning lot.
B. Section 19.35.330—Land Use. In the NB Neighborhood Business District,warehousing is
not a permitted or conditional use. The applicant is proposing a warehousing component to
one of the retail uses.
C. Section 19.50.090. B—Wall Signs. In the NB Neighborhood Business District, a building
which is setback less than 100 feet from a street lot line can have up to a combined total of
80 square feet of surface area for wall signs. The applicant is proposing a wall sign which
contains approximately 130 square feet of surface area(a 63% departure).
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Findings of Fact Planning and Development Commission
Petition 16-03 March 17, 2003
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.
1. Positive Attributes. This development proposal maximizes the commercial potential
of this highly visible site while respecting the requirements of the zoning district in
which it is located. This is accomplished by placing the multi-tenant retail building
adjacent to the residentially zoned property, while placing the larger
retail/warehousing user, Total Home Health, adjacent to the arterial road. This site
arrangement will minimize the traffic impacts of the proposed uses on the
surrounding neighborhood. The new commercial center is likely to generate
additional retail and property tax revenue for the community.
2. Zoning District. The building adjacent to College Green Drive and the residential
community will contain retail uses which are designed to supply daily convenience
commodities and services to the surrounding neighborhood population. The building
located adjacent to South McLean Boulevard will also provide retail services to the
surrounding neighborhood, as well as to a larger customer base.
Additionally, the subject property will be improved with two new buildings
constructed of concrete material, will be landscaped with quantities of materials
which exceed the zoning ordinance requirements, and will otherwise be designed in
accordance with the ARC Arterial Road Corridor guidelines.
B. Summary of Unresolved Issues.
1. Wall signs. The applicant is entitled to a maximum of two wall signs on the east
elevation, not to exceed 80 square feet in surface area. The applicant is proposing a
wall sign containing 130 square feet (a 63% departure.) The Planning and
Development Commission recommends approval of the sign on the east elevation as
proposed.The Community Development Group recommends that the sign conform to
the sign ordinance standards.
C. Summary of Alternatives.
Other than an approval,a denial,or an approval with some combination of conditions,there
are no substantive alternatives.
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Findings of Fact Planning and Development Commission
Petition 16-03 March 17, 2003
RECOMMENDATION
The Planning and Development Commission recommends approval of Petition 16-03. 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 Statement of Purpose and Conformance prepared by
Arete 3, dated March 10,2003, and the Description of Operations prepared by Alan
Kirk, dated March 6, 2003.
2. Substantial conformance to the Site Plan prepared by Arete 3 Ltd., and dated
February 25,2003,with the following revisions,which will be subject to the review
and approval of the Community Development Group:
a. Provide a secure pedestrian walkway which will link the existing walkway
near the southwest edge of the property to the proposed buildings.
b. Provide a public sidewalk along College Green Drive.
c. Provide bike racks and benches on the site.
3. Substantial conformance to the Landscape Plan prepared by Arete 3 Ltd., and dated
February 25,2003,with the following revisions,which will be subject to the review
and approval of the Community Development Group:
a. Provide additional evergreen trees in the area between the detention pond and
the drive aisle.
b. Provide additional shrubs along the eastern property line to better screen the
parking lot.
4. Substantial conformance to the Building Elevations prepared by Arete 3 Ltd., and
dated February 28, 2003.
5. Substantial conformance to the Proposed Photometric Plan prepared by Arete 3 Ltd.,
and dated January 31,2003,with the following revisions,which will be subject to the
review and approval of the Community Development Group: provide decorative
lighting fixtures on the building and in the parking lot.
6. The area containing the liquid oxygen tank shall be screened with a minimum 6 foot
high wall constructed of the same materials as the building. All refuse collection
areas shall be enclosed in substantial conformance with the proposed "Refuse
Enclosure" photograph, submitted by Arete 3, Ltd., and dated March 17, 2003,
revised to provide PVC gates which match the walls of the enclosure, and to be
constructed with a color to match the building.
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Findings of Fact Planning and Development Commission
Petition 16-03 March 17, 2003
7. Any monument sign placed on the property shall contain an 18"base constructed of
the same material as the building.
8. Substantial conformance to the"Total Home Health,Inc."wall sign on page R-1 of
the east elevation of the Building Elevations,dated February 28,2003.All wall signs
shall be of the same font, style, and color,when possible.
9. Truck deliveries shall be limited to between 7 AM and 7 PM, Monday through
Saturday.
10. Compliance with all other applicable codes and ordinances.
Therefore, the motion to recommend approval of Petition 16-03 was adopted.
Oci
David Kaptain, Chairm Pro Tern
Planning and Development Commission
ribk
Davi undland, Secretary
Planning and Development Commission
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