G90-03 Ordinance No. G90-03
AN ORDINANCE
CLASSIFYING NEWLY ANNEXED TERRITORY
AS PAB PLANNED AREA BUSINESS DISTRICT
(Nicks Pizza and Pub - 2400 Bowes Road)
WHEREAS, the territory herein described has been annexed to
the City of Elgin; and
WHEREAS, written application has been made to reclassify said
territory in the PAB Planned Area Business District ; and
WHEREAS, after due notice in the manner provided by law, the
Planning and Development 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, Illinois, has
reviewed the findings and recommendations of the Planning and
Development Commission.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS :
eft Section 1 . That Chapter 19 . 07, Section 19 . 07 . 600 entitled
"Zoning District Map" of the Elgin Municipal Code, 1976, as
amended, be and the same is hereby further amended by adding
thereto the following paragraph:
"The boundaries herein before laid out in the
`Zoning District Map' , as amended, be and are hereby
altered by including in the PAD Planned Area Business
District , the following described property:
THAT PART OF THE WEST HALF OF THE NORTHWEST QUARTER OF
SECTION 28, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD
PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS : COMMENCING AT
THE SOUTHEAST CORNER OF THE WEST HALF OF SAID NORTHWEST
QUARTER; THENCE WESTERLY ALONG THE SOUTH LINE OF THE WEST
HALF OF SAID NORTHWEST QUARTER, 412 . 50 FEET; THENCE
NORTHERLY PARALLEL WITH THE EAST LINE OF THE WEST HALF OF
SAID NORTHWEST QUARTER, 317 . 47 FEET FOR THE POINT OF
BEGINNING; THENCE EASTERLY ALONG A LINE FORMING AN ANGLE
OF 90°41' TO THE RIGHT WITH THE PROLONGATION OF THE LAST
DESCRIBED COURSE, 412 . 53 FEET TO THE EAST LINE OF THE
WEST HALF OF SAID NORTHWEST QUARTER; THENCE NORTHERLY
ALONG SAID EAST LINE, 210 . 36 FEET; THENCE WESTERLY
eft. PARALLEL WITH THE PENULTIMATE DESCRIBED COURSE 412 . 53
FEET TO THE WEST LINE OF THE EAST 412 . 50 FEET OF THE WEST
HALF OF THE NORTHWEST QUARTER; THENCE SOUTHERLY ALONG
SAID WEST LINE, 210 . 36 FEET TO THE POINT OF BEGINNING
(EXCEPTING THEREFROM THAT PART THEREOF LYING EASTERLY OF
THE WESTERLY LINE OF RANDALL ROAD) .
AND ALSO; THAT PART OF THE WEST HALF OF THE NORTHWEST
QUARTER OF SECTION 28, TOWNSHIP 41 NORTH, RANGE 8 EAST OF
THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS :
BEGINNING AT THE SOUTHEAST CORNER OF THE WEST HALF OF
SAID NORTHWEST QUARTER; THENCE WESTERLY ALONG THE SOUTH
LINE OF THE WEST HALF OF SAID NORTHWEST QUARTER 412 . 50
FEET; THENCE NORTHERLY PARALLEL WITH THE EAST LINE OF THE
WEST HALF OF SAID NORTHWEST QUARTER 317 . 47 FEET; THENCE
EASTERLY ALONG A LINE FORMING AN ANGLE OF 90°41 ' TO THE
RIGHT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE,
A DISTANCE OF 412 . 53 FEET TO THE EAST LINE OF THE WEST
HALF OF SAID NORTHWEST QUARTER; THENCE SOUTHERLY ALONG
SAID EAST LINE 310 . 06 FEET TO THE POINT OF BEGINNING
TOGETHER WITH THAT PART OF BOWES ROAD LYING NORTHERLY OF
THE SOUTHERLY RIGHT OF WAY LINE OF SAID ROAD FROM THE
SOUTHERLY EXTENSION OF THE WESTERLY LINE OF THE EASTERLY
412 . 50 FEET OF SAID WEST HALF TO THE WESTERLY RIGHT OF
WAY LINE OF RANDALL ROAD (EXCEPTING THEREFROM THAT PART
THEREOF LYING EASTERLY OF THE WESTERLY LINE OF RANDALL
ROAD) , ALL IN ELGIN TOWNSHIP, KANE COUNTY, ILLINOIS AND
COLLECTIVELY CONTAINING 3 . 921 ACRES MORE OR LESS
(PROPERTY COMMONLY KNOWN AS 2400 BOWES ROAD) . "
Section 2 . That the property described in Section 1 above
shall be developed subject to the following provisions :
A. Purpose and Intent. The purpose and intent of this PAB zoning
district is to provide a planned commercial environment,
subject to the provisions of Chapter 19 . 60 Planned
Developments of the Elgin Municipal Code, 1976, as amended.
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, 1976, 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 zoning 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, 1976, as amended.
D. Zoning Districts - Generally. In this PAD zoning district,
. the use and development of land and structures shall be
subject to the provisions of Chapter 19 . 07, Zoning Districts
of the Elgin Municipal Code, 1976, as amended.
E. Land Use. In this PAB zoning district, the use of land and
structures shall be subject to the provisions of Chapter
19 . 10, Land Use of the Elgin Municipal Code, 1976, as amended.
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 AB Area Business
District .
Permitted Uses . The following enumerated land uses shall be
the only land uses allowed as a permitted use in this PAB
Planned Area Business District :
Retail Trade Division.
1 . Eating places (5812) .
2 . Drinking places (5812)
3 . Carryout restaurants (5812) .
4 . Outdoor Eating and Drinking Facilities [SR] (UNCL)
Construction Division.
5 . "Contractors office and equipment areas" [SR]
(UNCL) .
Miscellaneous Uses Division.
6 . "Drive through facilities" [SR] , subject to the
provisions of Chapter 19 . 45, Off-Street Parking.
(0P. 7 . "Fences and walls" [SR] (UNCL) .
8 . "Loading facilities" [SR] (UNCL) , exclusively
"accessory" [SR] to a permitted use allowed in the
AB Area Business District, subject to the
provisions of Chapter 19 . 47, Off-Street Loading.
9 . "Parking lots" [SR] (UNCL) , exclusively "accessory"
[SR] to a permitted use allowed in the AB Area
Business District, subject to the provisions of
Chapter 19 . 45, Off Street Parking.
10 . "Refuse collection area" [SR] .
11 . "Signs" [SR] (UNCL) , subject to the provisions of
Chapter 19 . 35 Signs .
12 . "Temporary uses" [SR] (UNCL) .
13 . "Accessory structures" [SR] (UNCL) to the permitted
uses allowed in the AB Area Business District,
subject to the provisions of Section 19 . 12 . 500 ,
Accessory Structures and Buildings .
14 . "Accessory uses" [SR] (UNCL) to the permitted uses
allowed in the AB Area Business District, subject
to the provisions of Section 19 . 10 . 400 , Component
Land Uses .
F. Site Design. In this PAB District, the use and development of
land and structures shall be subject to the provisions of
emb. Chapter 19 . 12 , Site Design, of the Elgin Zoning Ordinance . In
this PAB District, the use and development of land and
structures shall also be subject to the provisions of Chapter
19 . 35 . 435, Site Design (Area Business District) , of the Elgin
Zoning Ordinance . In this PAB District, the use and
development of land and structures shall be according to the
above with the exceptions as listed below:
A. Section 19 . 12 .720 .A - Transition Landscape Yard. The AB
District requires a minimum 27 . 5 foot transition
landscape yard be planted along the west property line. A
minimum 12 foot transition landscape yard shall be
provided along the west property line of the subject
property (a 56% departure) .
B. Section 19 . 90 - Outdoor Eating and Drinking Facility.
The supplementary regulations of the zoning ordinance
require that an outdoor eating and drinking facility be a
minimum of 100 feet from an adjoining residential
district, and that the area be surrounded by a 6 foot
high solid fence . The outdoor eating and drinking
facility shall be located on the subject property a
minimum of 80 feet from the adjacent residential district
to the west (a 20% departure) . A 4 foot high solid wall
with a 3 foot high wrought iron fence on top of the wall
(a 33% departure) shall be constructed around the entire
outdoor eating and drinking facility, except on the
western portion of the outdoor eating and drinking
facility, which shall be screened by a minimum 6 foot
high solid wall or fence .
C. Section 19 . 90 - Fences and Walls. The supplementary
regulations of the zoning ordinance require that a solid
fence in a street yard be a maximum of 3 feet in height .
A solid 8 foot high fence shall be constructed on the
subject property adjacent to the west property line (a
62% departure) . An 8 foot high fence is required as part
of the transition landscape yard requirement .
In this PAB zoning district, the use and development of land
and structures shall be subject to the following conditions :
1 . Substantial conformance to the Plat of Annexation,
prepared by Western Engineering, P. C. , dated July 23 ,
2003 .
2 . Substantial conformance to the Statement of Purpose and
Conformance, submitted by Nick Sarillo, dated
September 23 , 2003 .
3 . Substantial conformance to the Preliminary Site Plan,
emik prepared by Western Engineering, P.C. , dated July 22 ,
2003 , and revised October 10, 2003 .
4 . Shasta Daisy Court will provide access to the subject
property only after the existing full access point on
Bowes Road is limited to right-in/right-out . If and when
the connection is made to Shasta Daisy Court, the
intersection of Shasta Daisy Court and Columbine Drive
shall be reconfigured so as to only permit left turns . If
at any point in the future the subject property is
permitted access to Randall Road through properties to
the north or otherwise, the access point at Shasta Daisy
shall be eliminated.
5 . Substantial conformance to the Landscape Plan, prepared
by Western Engineering, P.C. , dated September 4 , 2003 ,
including the provision of landscaping which exceeds the
requirements of the zoning ordinance in the transition
landscape yard, the vehicle use area, the area adjacent
to the dumpster, the area surrounding the detention pond,
and the area adjacent to the building on the north
elevation.
6 . Substantial conformance to the Fence Elevation, dated
October 4 , 2003 , including the provision of an 8 foot
high fence .
7 . Substantial conformance to the Floor Plans, submitted by
Nick Sarillo, dated August 21 , 2003 .
8 . Substantial conformance to the Sign Elevations Plan,
dated October 9, 2003 .
9 . Substantial conformance to the Exterior Building
Elevations for Nick' s Pizza and Pub, dated July 30, 2003
and September 9, 2003 , including a 6 foot high wall
surrounding the western portion of the outdoor dining
area.
10 . Compliance with all applicable codes and ordinances .
G. Off-street Parking. In this PAB zoning district, off street
parking shall be subject to the provisions of Chapter 19 .45,
Off-street Parking, of the Elgin Municipal Code, 1976, as
amended.
H. Off-street Loading. In this PAB zoning district, off-street
loading shall be subject to the provisions of Chapter 19 . 47,
Off-street Loading of the Elgin Municipal Code, 1976, as
amended.
I . Signs. In this PAB zoning district, signs shall be subject to
the provisions of Chapter 19 . 50, Signs, of the Elgin Municipal
Code, 1976, as amended.
J. Planned Developments. In this PAB zoning district, the use
and development of the land and structures shall be subject to
the provisions of Chapter 19 . 60 , Planned Developments of the
Elgin Municipal Code, 1976, as amended.
K. Conditional Uses. In this PAB zoning district, application
for conditional uses shall be subject to the provisions of
Chapter 19 . 65 Conditional Uses of the Elgin Municipal Code,
1976, as amended. An application for conditional use may be
filed by an individual property owner without necessitating
that all other property owners in the development authorize
such application.
L. Variations. In this PAB zoning district, application for
variation shall be subject to the provisions of Chapter 19 . 70,
Variations of the Elgin Municipal Code, 1976, as amended. An
application for variation may be filed by an individual
property owner without necessitating that all other property
owners in the development authorize such application.
M. 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 of the Elgin Municipal
Code, 1976, as amended.
Section 3 . That this ordinance shall be full force and effect
immediately after its passage in the manner provided by law.
d Sc o k, Mayor
Presented: November 5, 2003
Passed: November 5, 2003
Omnibus Vote : Yeas : 6 Nays : 0
Recorded: November 6, 2003
Published:
Attest :
alfl'-•^40
Dolonna Mecum, City Clerk
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October 6, 2003
FINDINGS OF FACT
Planning and Development Commission City of Elgin, Illinois
SUBJECT
Consideration of Petition 46-03 Requesting Annexation and PAB Planned Area Business District
Zoning;Property Located at 2400 Bowes Road by Nick Sarillo, as Applicant,and Edwin L.Minard and
Jolynne Cleveland, as Owners.
GENERAL INFORMATION
Requested Action: Annexation and Zoning Approval
Proposed Zoning: PAB Planned Area Business District
Existing Use: Commercial
Property Location: 2400 Bowes Road
Applicant: Nick Sarillo
Owners: Edwin L. Minard
Jolynne Cleveland
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 Photo (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 46-03 October 6, 2003
H. Draft Zoning Ordinances (see attached)
I. Correspondence (see attached)
BACKGROUND
An application has been filed by Nick Sari llo, requesting annexation, and a map amendment to PAB
Planned Area Business District to peiinit the establishment of an eating place and drinking place. The
subject property is located at 2400 Bowes Road.
The applicant is proposing to annex approximately 3.92 acres of land and develop the property with an
8,600 square foot commercial building with an accessory parking lot and new landscaping. The three
buildings which currently exist on the property will be demolished. The proposed use for the new
building is a restaurant,Nick's Pizza and Pub,which will feature an outdoor dining patio and a carryout
service. The property will be accessed from Bowes Road and from Shasta Daisy Court, at such time
when the existing access from Bowes Road becomes right-turn in and right-turn out(reference Exhibits
A, B, C, D, and E).
The property lies within the ARC Arterial Road Corridor,and therefore requires planned development
approval (reference Exhibits F, G, H, and I).
GENERAL FINDINGS
After due notice,as required by law,the Planning and Development Commission held a public hearing
in consideration of Petition 46-03 on October 6,2003. The applicant testified at the public hearing and
presented documentary evidence in support of the application. Objectors spoke at the public hearing.
The Community Development Group submitted an Annexation and Zoning Review,dated September
26, 2003.
The Planning and Development Commission has made the following general findings:
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.
Findings: The subject property is suitable for the proposed planned development with respect to
the site characteristics standard.
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Findings of Fact Planning and Development Commission
r., Petition 46-03 October 6, 2003
The subject property is a regularly shaped parcel consisting of approximately 3.92 acres of land.
Topography on the site ranges from a low point of 803 feet located at the southern portion of the
property to a high point of 823 feet located at the northern portion of the property, for a
maximum relief of 20 feet.The property is currently improved with a commercial building with
an accessory parking lot, and a residence with an accessory building.
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
stormwater control facilities.
Findings: The subject property is suitable for the proposed planned development with respect to
the sewer and water standard.
The subject property will be served with municipal sewer and water by connecting to the
existing sanitary sewer and water systems. Stormwater control will be provided on site in
conformance with all applicable ordinances.
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 is suitable for the proposed planned development with respect to
the traffic and parking standard.
The subject property is located at the northwest corner of Randall Road and Bowes Road.
Randall Road is a limited access arterial street serving the greater Fox Valley area.Bowes Road
is an arterial street serving the southwest side of Elgin and the surrounding areas.
The property will be accessed from a full-access driveway on Bowes Road. According to the
Kane County Division of Transportation,the full-access driveway may need to be modified to a
right-in,right-out access driveway at such time that the southwest corner of Randall and Bowes
Roads develops with commercial uses (reference letter from KDOT dated May 14, 2003, and
October 6, 2003). Access will also be provided to the site from Shasta Daisy Court.
Additionally, a cross-access easement will be provided on this site which would allow for a
future driveway connection to the property to the north if it develops with a commercial use.
it should be noted that at such time when the Bowes Road access point becomes right-in right-
out,traffic flow into the adjacent residential subdivision to the west will be necessary to provide
for travel on Randall Road.
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Off street parking will be provided in conformance with the zoning ordinance.
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Findings of Fact Planning and Development Commission
rift Petition 46-03 October 6, 2003
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 subject property is suitable for the proposed planned development with respect to
the zoning history standard.
The subject property is currently zoned as F District Farming in Kane County,with a special use
for a veterinary clinic.
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 subject property is suitable for the proposed planned development with respect
to the surrounding land use and zoning standard.
The property to the north and south is located in unincorporated Kane County and is
undeveloped.
The property to the east is zoned PAB Planned Area Business District and is developed with a
commercial use.
The property to the west is zoned SFR2 Single Family Residence District and is developed with
the Columbine residential subdivision.
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 suitable for the proposed planned development with respect to
the trend of development standard.
The subject property is located in the southern portion of the Randall Road corridor,which has
developed primarily with commercial and residential uses.
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.
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Findings of Fact Planning and Development Commission
took, Petition 46-03 October 6, 2003
The purpose of the PAB Planned Area Business District is to provide commodities and services
to several neighborhoods, and in some instances to a community wide or regional supporting
population. The PAB Planned Area Business District is subject to the provisions of Chapter
19.60, Planned Developments.
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 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.
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 EIgin
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 PAB
Planned Area Business District, and an ARC Arterial Road Corridor Overlay District.
The proposed planned development is in substantial conformance with the purpose and intent of
the planned development and arterial road corridor provisions. This proposal represents an
opportunity to realize a development of demonstrated need with respect to the types of
environment available to the public. The restaurant will provide a high quality dining option to
the surrounding community.Unique architectural details have been incorporated into the design
of this building, which will be considered an aesthetic amenity at this highly visible location.
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 may be suitable for the proposed planned development with
respect to the comprehensive plan standard.
The subject property is designated as "Area/Village Center"in the 1983 Comprehensive Plan.
This designation may be appropriate for the proposed restaurant.
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Findings of Fact Planning and Development Commission
Petition 46-03 October 6, 2003
Additionally,the subject property also lies within the Far West Planning Area,and is designated
as "Low Density Residential." This designation may be suitable for the proposed commercial
use, as the adjacent residential use will be adequately screened from the proposed commercial
use. Furthermore, the other properties adjoining the intersection of Randall Road and Bowes
Road are designated as commercial areas in the Far Wet Area Plan.
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: The subject property may be suitable for the proposed planned development with
regard to the natural preservation standard.
There are several mature trees located on this property, which will be removed during the
redevelopment of 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 proposed planned development with regard to
the internal land use standard.
No evidence has been found that the proposed planned development will be located,designed,
and 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. This planned development contemplates
certain departures from the normal standards,regulations,and requirements of the zoning ordinance for
the PAB Planned Area Business District. For the purpose of comparison, the most similar zoning
district is the AB Area Business District. The applicant is specifically requesting the following
proposed departures:
A. Section 19.12.720.A — Transition Landscape Yard. The AB District requires a minimum
27.5 foot transition landscape yard along the west property line.The applicant is proposing a 12
foot transition landscape yard (a 56% departure). The transition landscape yard will contain
eluik landscaping materials which exceed the requirements of the zoning ordinance.
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Findings of Fact Planning and Development Commission
Petition 46-03 October 6, 2003
B. Section 19.90—Outdoor Eating and Drinking Facility. The supplementary regulations of the
zoning ordinance require that an outdoor eating and drinking facility be a minimum of 100 feet
from an adjoining residential district, and that the area be surrounded by a 6 foot high solid
fence.The applicant is proposing to locate the outdoor eating and drinking facility 80 feet from
a residential district (a 20% departure), and to construct a 4 foot high solid wall with a 3 foot
high wrought iron fence on top of the wall ( a 33% departure).
C. Section 19.90 — Fences and Walls. The supplementary regulations of the zoning ordinance
require that a solid fence in a street yard be a maximum of 3 feet in height. The applicant is
proposing a solid 8 foot high fence in a street yard (a 62% departure). An 8 foot high fence is
required as part of the transition landscape yard requirement.
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.
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Positive Attributes. The establishment of a high quality commercial development will be an
attractive amenity at this intersection. The proposed use will likely attract additional customers
to the general area,which will in turn generate additional tax revenue for the city. The property
will be landscaped with materials in excess of what the zoning ordinance requires,which will
provide for an adequate buffer from the adjacent residential use.
B. Unresolved Issues
There are no unresolved issues.
C. Summary of Alternatives.
There are no substantive alternatives to the proposal other than an approval,denial,or approval
with conditions.
RECOMMENDATION
The Planning and Development Commission recommends the approval of Petition 46-03. On a motion
to recommend approval, subject to the following conditions, the vote was five (5) yes and one(1)no:
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Findings of Fact Planning and Development Commission
Ap,,, Petition 46-03 October 6, 2003
1. Substantial conformance to the Plat of Annexation,prepared by Western Engineering,
P.C., dated July 23, 2003.
2. Substantial conformance to the Statement of Purpose and Conformance, submitted by
Nick Sarillo, dated September 23, 2003.
3. Substantial conformance to the Preliminary Site Plan,prepared by Western Engineering,
P.C., dated July 22, 2003, and revised October 10, 2003.
4. Shasta Daisy Court will provide access to the subject property only after the existing full
access point on Bowes Road is limited to right-in/right-out.
5. Substantial conformance to the Landscape Plan,prepared by Western Engineering,P.C.,
dated September 4, 2003, with the following revisions which will be subject to the
review and approval of the Community Development Group:
a. The provision of landscaping which exceeds the requirements of the zoning
ordinance in the transition landscape yard,the vehicle use area,the area adjacent
to the dumpster,the area surrounding the detention pond, and the area adjacent
to the building on the north elevation.
b. The location of the dumpster shall be consistent with the site plan.
6. Substantial conformance to the Fence Elevation, dated October 4, 2003, including the
provision of an 8 foot high fence.
7. Substantial conformance to the Floor Plans,submitted by Nick Sarillo,dated August 21,
2003.
8. Substantial conformance to the Sign Elevations Plan, dated October 9, 2003.
9. Substantial conformance to the Exterior Building Elevations for Nick's Pizza and Pub,
dated July 30,2003 and September 9,2003,including a 6 foot high wall surrounding the
western portion of the outdoor dining area.
10. Revisions to the Annexation Agreement as required by the Community Development
Group and Corporation Counsel.
11. Compliance with all applicable codes and ordinances.
Therefore, the motion to recommend approval of Petition 46-03 was adopted.
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Findings of Fact Planning and Development Commission
Petition 46-03 October 6, 2003
Respectfully Submitted,
George Wolff, Chairman
Planning and Development Commission
Lauren Pruss, Secretary
Planning and Development Commission
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