G41-03 Ordinance No. G41-03
es-
AN ORDINANCE
GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT
TO PERMIT THE CONSTRUCTION OF DRUG STORE / PROPRIETARY STORE
WITH ACCESSORY PACKAGE LIQUOR SALES WITHIN
AN AB AREA BUSINESS DISTRICT AND
ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT
(500 DUNDEE AVENUE)
WHEREAS, written application has been made for a conditional
use for a planned development which will allow for the
construction of a drug store / proprietary store with accessory
package liquor sales within the AB Area Business District and an
Arterial Road Corridor Overlay District at 500 Dundee Avenue; and
WHEREAS, the Zoning and Subdivision Hearing Board 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 Zoning and Subdivision Hearing
Board.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ELGIN, ILLINOIS :
eft. Section 1 . That the City Council of the City of Elgin hereby
adopts the Findings of Fact, dated January 15, 2003 , made by the
Zoning and Subdivision Hearing Board, a copy of which is attached
hereto and made a part hereof by reference as Exhibit A.
Section 2 . That a conditional use for a planned development
which will allow for the construction of a drug store /
proprietary store with accessory package liquor sales within the
AB Area Business District and the Arterial Road Corridor Overlay
District at 500 Dundee Avenue and legally described as follows :
PARCEL 1 :
THAT PART OF LOT 1 IN BLOCK 26 OF P.J. KIMBALL JR' S .
THIRD ADDITION TO ELGIN, DESCRIBED AS FOLLOWS :
BEGINNING ON THE WESTERLY LINE OF DUNDEE AVENUE, 173 . 65
FEET NORTHEASTERLY FROM THE SOUTHEAST CORNER OF SAID
LOT; THENCE NORTHEASTERLY FROM THE SOUTHEAST CORNER OF
SAID LOT, THENCE NORTHEASTERLY ALONG SAID WESTERLY
LINE, 14 . 85 FEET; THENCE WEST PARALLEL WITH THE NORTH
LINE OF SUMMIT STREET, 106 . 7 FEET; THENCE SOUTH AT
RIGHT ANGLES 12 . 375 FEET; THENCE EAST PARALLEL WITH THE
NORTH LINE OF SUMMIT STREET 98 . 15 FEET TO THE POINT OF
BEGINNING IN THE CITY OF ELGIN KANE COUNTY ILLINOIS .
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PARCEL 2 :
THAT PART OF LOT 1 IN BLOCK 26 OF P.J. KIMBALL JR' S .
THIRD ADDITION TO ELGIN DESCRIBED AS FOLLOWS :
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT; THENCE
EAST ALONG THE SOUTH LINE OF SAID LOT, 323 . 5 FEET;
THENCE NORTH PARALLEL WITH THE WEST LINE OF SAID LOT,
224 . 8 FEET TO THE SOUTH LINE OF A TRACT OF LAND
CONVEYED TO BLANCHE L. HOGOPEAN BY DEED DATED APRIL 26,
1911 AND RECORDED MAY 8, 1911 IN BOOK 528 PAGE 470 AS
DOCUMENT 116529 FOR THE POINT OF BEGINNING; THENCE
SOUTH PARALLEL WITH THE WEST LINE OF SAID LOT, 92 . 8
FEET TO A LINE DRAWN PARALLEL WITH AND 132 FEET NORTH
OF THE SOUTH LINE OF SAID LOT; THENCE EAST ALONG SAID
PARALLEL LINE 61 . 5 FEET; THENCE NORTH PARALLEL WITH THE
WEST LINE OF SAID LOT 12 . 375 FEET; THENCE EAST ALONG A
LINE, IF EXTENDED WOULD INTERSECT THE WESTERLY LINE OF
DUNDEE AVENUE AT A POINT 173 . 65 FEET NORTHERLY OF THE
SOUTHEAST CORNER OF SAID LOT 178 . 91 FEET TO THE WEST
LINE, EXTENDED SOUTH OF A TRACT OF LAND CONVEYED TO
FRANK P. DITTER AND WIFE BY DEED DATED MAY 18, 1922 AND
RECORDED JULY 17, 1922 IN BOOK 661 PAGE 302 AS DOCUMENT
210231 ; THENCE NORTH ALONG THE EXTENSION OF AND THE
WEST LINE OF SAID DITTER TRACT AND ALONG THE WEST LINE
OF A TRACT OF LAND CONVEYED TO CLARENCE H. STARK AND
WIFE BY DEED DATED MARCH 21, 1924 AND RECORDED MARCH
rift 26, 1924 IN BOOK 732 PAGE 319 AS DOCUMENT 234344 87 . 375
FEET TO THE SOUTH LINE EXTENDED EAST, OF SAID HOGOPEAN
TRACT; THENCE WEST ALONG THE EXTENSION OF AND THE SOUTH
LINE OF SAID HOGOPEAN TRACT, 230 . 7 FEET TO THE POINT OF
BEGINNING IN THE CITY OF ELGIN, KANE COUNTY ILLINOIS
PARCEL 3 :
THAT PART OF LOT 1 IN BLOCK 26 IN P.J. KIMBALL JR. ' S
THIRD ADDITION TO ELGIN DESCRIBED AS FOLLOWS :
COMMENCING AT A POINT IN THE WEST LINE OF DUNDEE
AVENUE, WHICH IS 188 . 5 FEET NORTHERLY ALONG SAID WEST
LINE FROM THE NORTH LINE OF SUMMIT STREET FOR THE PLACE
OF BEGINNING; THENCE WESTERLY PARALLEL WITH THIS NORTH
LINE OF SUMMIT STREET; 106 . 7 FEET; THENCE NORTHERLY AT
RIGHT ANGLES TO THE LAST MENTIONED LINE 39 . 8 FEET;
THENCE EASTERLY PARALLEL WITH THE NORTH LINE OF SUMMIT
STREET 133 . 6 FEET TO THE WESTERLY LINE OF DUNDEE
AVENUE; THENCE SOUTHERLY ALONG SAID WESTERLY LINE 47 . 7
FEET TO THE POINT OF BEGINNING IN THE CITY OF ELGIN,
KANE COUNTY ILLINOIS
PARCEL 4 :
e THAT PART OF LOT 1 IN BLOCK 26 IN P.J. KIMBALL JR' S.
THIRD ADDITION TO ELGIN DESCRIBED AS FOLLOWS :
BEGINNING AT A POINT ON THE EASTERLY LINE OF SAID LOT
282 . 9 FEET NORTHEASTERLY FROM THE SOUTHEAST CORNER OF
SAID LOT; THENCE SOUTH 87 DEGREES 05 MINUTES 0 SECONDS
WEST 160 .4 FEET; THENCE SOUTH PARALLEL WITH THE EAST
LINE OF ST. JOHN STREET 35 . 2 FEET TO THIS NORTHWEST
CORNER OF THE PREMISES TO FRANK P. DITTER AND AMANDA
DITTER BY DEED DATED MAY 18, 1922 AND RECORDED JULY 17,
1922 AS DOCUMENT 210231 IN BOOK 661 PAGE 302 THENCE
NORTH 87 DEGREES 05 MINUTES 0 SECONDS EAST ALONG THE
NORTH LINE OF SAID PREMISES 133 . 6 FEET TO THE EASTERLY
LINE OF SAID LOT 1; THENCE NORTHEASTERLY ALONG THE
EASTERN LINE OF SAID PREMISES 46 . 7 FEET TO THE POINT OF
BEGINNING, IN THE CITY OF ELGIN, KANE COUNTY ILLINOIS
PARCEL 5 :
THAT PART OF LOT 1 IN BLOCK 26 IN P.J. KIMBALL JR' S .
THIRD ADDITION TO ELGIN DESCRIBED AS FOLLOWS :
BEGINNING AT A POINT IN THE SOUTH LINE OF SAID 323 . 5
FEET EAST OF THE SOUTHEAST CORNER THEREOF; THENCE NORTH
PARALLEL WITH THE WEST LINE OF SAID LOT, 132 FEET;
THENCE EAST PARALLEL WITH THE SOUTH LINE OF SAID LOT,
61 . 5 FEET; THENCE SOUTH PARALLEL WITH THE WEST LINE OF
SAID LOT, 132 FEET PARALLEL TO THE SOUTH LINE OF SAID
LOT; THENCE WEST ALONG SAID SOUTH LINE 61 . 5 FEET TO THE
POINT OF BEGINNING IN THE CITY OF ELGIN, KANE COUNTY
ILLINOIS
PARCEL 6 :
THAT PART OF LOT 1 IN BLOCK 26 IN P.J. KIMBALL JR' S .
THIRD ADDITION TO ELGIN DESCRIBED AS FOLLOWS :
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT; THENCE
EAST ALONG THE SOUTH LINE OF SAID LOT, 365 FEET FOR THE
POINT OF BEGINNING; THENCE NORTH PARALLEL WITH THE WEST
LINE OF SAID LOT 144 . 375 FEET; THENCE EAST 277 . 06 FEET
TO A POINT ON THE WESTERLY LINE OF DUNDEE AVENUE 173 . 65
FEET NORTHERLY OF THE SOUTHWEST CORNER OF SAID LOT;
THENCE SOUTHWESTERLY ALONG THE WESTERLY LINE 173 . 65
FEET TO THE SOUTHEAST CORNER OF SAID LOT; THENCE WEST
ALONG THE SOUTH LINE OF SAID LOT, 170 . 6 FEET TO THE
POINT OF BEGINNING IN THE CITY OF ELGIN KANE COUNTY
ILLINOIS
ALSO KNOWN AS AND MORE PARTICULARLY BOUNDED AND
DESCRIBED AS FOLLOWS, TO WIT:
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 1; THENCE
NORTH 33E51 ' 20" EAST, ALONG THE WESTERLY RIGHT-OF-WAY
LINE OF DUNDEE AVENUE, A DISTANCE OF 282 . 76 FEET TO THE
SOUTHERLY RIGHT-OF-WAY LINE OF PLUM STREET; THENCE
SOUTH 88E27 ' 53" WEST, ALONG SAID SOUTHERLY RIGHT-OF-WAY
LINE OF PLUM STREET AND SAID LINE EXTENDED WESTERLY, A
DISTANCE OF 390 . 84 FEET; THENCE SOUTH OOE17 ' 04" EAST, A
DISTANCE OF 224 . 58 FEET TO THE NORTHERLY RIGHT-OF-WAY
LINE OF SUMMIT STREET; THENCE NORTH 89E56 ' 34" EAST,
ALONG SAID NORTHERLY RIGHT-OF-WAY LINE OF SUMMIT
STREET, A DISTANCE OF 232 . 06 FEET TO THE POINT OF
BEGINNING, CONTAINING 1 . 632 ACRES (71, 103 SQUARE FEET) ,
MORE OR LESS, ALL BEING SITUATED IN THE CITY OF ELGIN,
COUNTY OF KANE AND STATE OF ILLINOIS (PROPERTY COMMONLY
KNOWN AS 500 DUNDEE AVENUE) .
be and is hereby granted subject to the following conditions :
1 . Substantial conformance to the Statement of Purpose and
Conformance submitted by Peter Bazos, dated December 26,
2002 .
2 . Substantial conformance to the Layout Plan (C2) , Grading
and Drainage Plan (C3) , Utility Plan (C4) , Final
Landscape Plan (L1) , Erosion Control Plan (C5) , Lighting
Plan (L2) , and Construction Details (C6 through C10)
prepared by ARC Design Resources, Inc . , dated December
16, 2002 and last revised April 1, 2003 , with the
following revisions, which will be subject to the review
and approval of the Community Development Group :
(eft a. The provision of a minimum 50% coniferous
shrubs for the foundation plantings .
b. The provision of a landscaped tree-island between
the 5th and 6th parking space from the north,
adjacent to Dundee Avenue .
c . The fence proposed adjacent to Plum Court shall
not exceed 6 feet in height .
3 . Substantial conformance to the Exterior Building
Elevations, prepared by De Stefano and Partners, and
dated January 22 , 2003 .
4 . Substantial conformance to the "Sample Retaining Wall"
exhibit, prepared by the Neel Company, and dated May 2 ,
2003 .
5 . Substantial Conformance with the Sign Plan, submitted by
Site Enhancement Services, and dated May 2 , 2003 .
Notwithstanding anything to the contrary set forth in
this subparagraph 5 of Section 2 , in the event that
(1) the City enacts an ordinance requiring the
amortization and elimination of non-conforming signs
within the City (hereinafter called a "Sign Amortization
Ordinance" ) , (2) such Sign Amortization Ordinance is
applicable to, and applied and enforced uniformly and in
a non-discriminatory fashion against, the non-conforming
signs of all other commercial establishments in the
City, and (3) the City requires the lawful (albeit
oversized) signs of (A) all other pharmacies which are
then doing business in the City and (B) all other
commercial establishments within a 10-block radius of
the Subject Property to conform to the same standards as
are sought to be achieved under the said Sign
Amortization Ordinance, then the Sign Amortization
Ordinance shall be deemed to be applicable to the signs
permitted to be established on the Subject Property
pursuant to this Ordinance; provided, however, that in
no event shall the signs authorized by this ordinance be
required to be removed prior to the fourth (4th)
anniversary of the date the CVS Pharmacy first opens for
business on the Subject Property.
6 . Compliance with Plan Review comments 1 through 14 in the
City' s Plan Review Corrections Report for Application
NBR 03-00053064 dated 4/18/03 prepared by Michael Hall,
with the following revision: Item #6 shall be deleted.
7 . The applicant shall dedicate to the City of Elgin an 8
foot wide parcel of land adjacent to Dundee Avenue free
of charge . The City of Elgin will prepare the Plat of
Dedication for this parcel .
8 . Compliance with all other applicable codes and
ordinances .
0011ft Section 3 . That the conditional use granted herein shall
expire if not established within two years from the date of
passage of this ordinance.
Section 4 . That this ordinance shall be in full force and
effect immediately after its passage in the manner provided by
law.
E Schock, Mayor
Presented: May 14 , 2003
Passed: May 14 , 2003
Vote : Yeas : 6 Nays : 0
Recorded: May 15, 2003
Attest :
)11,NA„
Dolonna Mecum, City Clerk
tow
January 15, 2003
FINDINGS OF FACT
Zoning and Subdivision Hearing Board City of Elgin,Illinois
SUBJECT
Consideration of Petition 68-02 Requesting a Conditional Use for a Planned
Development in the AB Area Business District, to Permit the Construction of a Building
to be Used as a Drug Store / Proprietary Store wish Accessory Package Liquor Sales;
Property Located at 500 Dundee Avenue by GB Illinois 1, LLC, an Indiana Limited
Liability Company, as Applicant, and Elgin Day Care Center, as Owner.
GENERAL INFORMATION
Requested Action: Conditional Use Approval
AB Area Business District
Current Zoning: ARC Arterial Road Corridor Overlay District
Drug Store and Proprietary Store with
Intended Use: Accessory Package Liquor Sales
Property Location: 500 Dundee Avenue
Applicant: GB Illinois 1, an Indiana LLC Company
Owner: Elgin Day Care Center
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 Photograph (see attached)
ribb' E. Site Photographs (see attached)
Findings of Fact Zoning and Subdivision Hearing Board
Petition 68-02 January 15, 2003
feet at the northwest portion of the site to a low point of 760 feet at the southeast
portion of the site, for a maximum relief of 20 feet.
B. Sewer and Water Standard. The suitability of the subject property for the
intended conditional use 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 conditional use with
respect to the sewer and water standard.
The subject property is served by municipal water, sanitary sewer and storm water
control services.
C. Traffic and Parking Standard. The availability of the subject property for the
intended conditional use 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 conditional use with
respect to the traffic and parking standard.
(Pk The subject property is located on Dundee Avenue, between Plum Court and
Summit Street. Dundee Avenue is an arterial road which serves the east side of
Elgin. Summit Street is an arterial road east of Dundee Avenue, and a collector
road west of Dundee Avenue, serving the east side of Elgin. Plum Court is a local
street which serves the nearby residential and commercial uses.
Off street parking will be provided in accordance with the zoning ordinance.
D. Zoning History Standards. The subject property was zoned as follows for the
years listed:
1927 D Commercial District
1950 D Commercial District
1962 B3 Service Business District
1992 B3 Service Business District
Present AB Residence Business District
ARC Arterial Road Corridor Overlay District
A conditional use for a day care facility was granted in 2000; however, the use
was never established.
E. Surrounding Land Use and Zoning Findings. The property to the north is
rik zoned RB Residence Business District and is developed with offices. The
properties to the northwest are zoned RC3 Residence Conservation and are
developed with residential uses.
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 68-02 January 15, 2003
No conditional use for a planned development shall be granted for the sole
purpose of introducing a land use not otherwise permitted on the subject property.
The purpose and intent of the provisions for planned developments is to
accommodate unique development situations. For planned developments as a
conditional use, the planned development should demonstrate the following
characteri stics:
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. The public benefit realized by the establishment of the planned
development is greater than if the property were to remain subject to the
standard requirements of the zoning district in which it is located.
3. Extraordinary conditions or limitations governing site design, function,
operation, and traffic are imposed on the planned development.
Findings. The subject property may be suitable for the intended conditional use
for a planned development with respect to conformance to the provision for the
purpose and intent of planned developments.
The proposed planned development will allow for the construction of a new
building on land which is undevelopable without planned development approval.
The proposed development is not consistent with the recently constructed
buildings in the area. Newer buildings in the area consist of masonry construction
with pitched roofs and other decorative architectural enhancements added to the
building. Further architectural enhancements are necessary if the development is
to meet the intent of planned developments.
Comprehensive Plan Standard. The suitability of the subject property for the
intended conditional use for a planned development with respect to conformance
to the goals, objectives, and policies of the official comprehensive plan.
Findings. The subject property is suitable for the intended conditional use for a
planned development with respect to the comprehensive plan.
The subject property is designated as "Area Business Center" by the Official
Comprehensive Plan of Elgin (1983). The proposed CVS Pharmacy is consistent
with this land use designation.
J. Natural Preservation Standard. The suitability of the subject property for the
intended conditional use for a planned development with respect to the
preservation of all significant planned development with respect to the
preservation of all significant natural features including topography,watercourses,
wetlands, and vegetation.
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 68-02 January 15, 2003
C. Section 19.90.320 (A. 1) Fences and Walls. The zoning ordinance allows a solid
fence in a street yard to be a maximum of three feet in height. The applicant is
proposing a six-foot solid fence along the northern portion of the site, adjacent to
Plum Court.
SUMMARY OF FINDINGS, UNRESOLVED ISSUES,AND ALTERNATIVES
The Zoning and Subdivision Hearing Board has developed or identified the following
findings,unresolved issues, and alternatives:
A. Summary of Findings.
1. Positive Attributes. The new drug store is likely to generate additional retail
and property tax revenue for the community. If the site is to be developed in
accordance with the conditions as recommended by the Zoning and
Subdivision Hearing Board, an attractive new building will be constructed at
one of Elgin's gateway intersections.
2. General. Dundee Avenue and Summit Street are scheduled to undergo
(11.6' improvements to widen the intersection of the two streets. The improvements
will include the provision of a left turn lane for southbound vehicles on
Dundee Avenue. The CVS Pharmacy has been designed to accommodate the
widening of the intersection.
3. Conditional Use for a Planned Development. The proposed development is
not consistent with the recently constructed buildings in the area. Newer
buildings in the area consist of masonry construction with pitched roofs and
other decorative architectural enhancements added to the building. Further
architectural enhancements are necessary if the development is to meet the
intent of planned developments.
4. Internal Land Use. The proposed design of the building does not meet the
product quality standards which are expected in other parts of the city.
Architectural enhancements are necessary if the development is to be of the
quality that is desired for a key gateway intersection.
B. Summary of Unresolved Issues.
1. Product Quality. The Zoning and Subdivision Hearing Board recommends
that the applicant provide a higher quality product. The façade upgrades that
the Zoning and Subdivision Hearing Board is recommending are consistent
with what was required of the new Walgreen's on Larkin Avenue, and are also
justified by the site's location in the ARC district. The recommendation for a
higher quality building is also based upon the re-occurring community
sentiment that new, east side development should adhere to the same design
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j
Findings of Fact Zoning and Subdivision Hearing Board
Petition 68-02 January 15, 2003
Community Development Group: 50% of the foundation planting materials
should be evergreen shrubs.
4. Substantial conformance to the Exterior Building Elevations, dated December 16,
2002, prepared by De Stefano and Partners, with the following revisions, which
will be subject to the review and approval of the Community Development
Group:
a. The exterior building materials should consist of all brick, except for the
cornice, which can be constructed of other material (the brick can be colored
to match the corporate colors, if applicable).
b. The provision of decorative lighting fixtures on the building and in the
parking lot.
c. The provision of a hipped roof containing a minimum 6:12 pitch with
asphalt shingles over the raised portion of the building.
d. The provision of a substantial cornice at the top of the entire building
(cornice can be EIFS, if desired).
e. The provision of a stone building foundation and water table, including at
the base of all columns, and stone horizontal bands around the entire
building (reference Exhibit F).
5. The proposed signs may be established for a period of 3 to 5 years, at which time
the signs shall be modified to conform to the governing sign ordinance at that
time.
6. Resolution of all Engineering concerns.
7. Compliance with all other applicable codes and ordinances.
Respectfully Submitted,
• (1Y
, , t
Robert Lang ois, airman
Zoning and Subdivision Hearing Board
/1 ary /
La en Pruss, Secretary
Zoning and Subdivision Hearing Board
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