G85-05 Ordinance No. G85-05
AN ORDINANCE
RECLASSIFYING PROPERTY FROM
CF COMMUNITY FACILITY DISTRICT TO PNB PLANNED NEIGHBORHOOD
BUSINESS DISTRICT,HP HISTORIC PRESERVATION DISTRICT, AND ARC ARTERIAL
ROAD CORRIDOR OVERLAY DISTRICT
(600—620 Villa Street)
WHEREAS, written application has been made for a map amendment to the existing CF
Community Facility 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 CITY OF
ELGIN, ILLINOIS:
Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact,
dated December 6, 2004,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 PGI Planned Office Research Industrial
District the following described property:
Parcel Two: Lots 1, 2, 3,4, 5, 6 the southerly three feet of lots 7 and 8, and lots 16,
17, and 18 in Block 1 in Edward C. Lovell Addition to Elgin, in the City of Elgin,
Kane County, Illinois (property commonly known as 600-620 Villas Street).
Section 3. That the City Council of the City of Elgin hereby grants the map amendment
from CF Community Facility District to PNB Planned Neighborhood Business District,HP Historic
Preservation District,and ARC Arterial Road Corridor Overlay District,for the property commonly
known as 600-620 Villa Street,and legally described above,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 ordinance 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 EMC. The exclusion of such symbol
shall not exempt such word or phrase from the applicable supplementary regulation.
C. General Provisions. In this PNB District,the use and development of land and structures shall
be subject to the provisions of Chapter 19.05, General Provisions,of the EMC, as maybe amended
from time to time.
D. Zoning Districts Generally. In this PNB District, the use and development of land and
structures shall be subject to the provisions of Chapter 19.07,Zoning Districts of the EMC,as may
be amended from time to time.
E. Location and Size of Districts. Planned industrial districts should be located in substantial
conformance to the official comprehensive plan. The amount of land necessary to constitute a
separate planned industrial 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 industrial district shall be granted by the City Council.
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. In this PNB District,
the only land uses allowed shall be SIC 591 Drug Stores and Proprietary Stores, and SIC
unclassified—Drive Through Facilities, in substantial conformance with the Statement of Purpose
and Conformance submitted by Richard Heimberg„ and dated November 22, 2004. 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 PNB Neighborhood Business District:
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).
r . 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).
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).
i' 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.
78. "Amateur radio antennas" [SR] (UNCL).
79. Arrangement of passenger transportation(472).
80. Arrangement of transportation of freight and cargo (473).
O.,, 81. Branch United States post offices (4311).
82. Bus charter service operator's offices(414).
r , 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 operator's offices(413).
87. Local and suburban passenger transportation operator's offices (411).
88. Radio and television antennas" [SR] (UNCL).
89. Radio and television broadcasting stations(483).
90. Railroad operator's offices (401).
91. "Satellite dish antennas" [SR] (UNCL).
92. School bus operator's offices(415).
93. Taxicab operator's 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).
107. "Drive through facilities" [SR] (UNCL), subject to the provisions of Chapter 19.45,Off Street
Parking.
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)
10. 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)
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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).
o 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.
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:
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Services Division.
1. 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 District, the site design regulations shall be as required in the NB
District,pursuant to Chapter 19.35.335 Site Design, of the EMC, as maybe amended from time to
time. The development of land and structures shall be in substantial conformance with the
following:
1. Substantial conformance to the Statement of Purpose and Conformance,submitted by
Richard Heimberg, dated November 22, 2004.
2. Substantial conformance to the Site Plan,prepared by Arcline Associates,Ltd,dated
July 11, 2005, and revised on August 5, 2005.
3. Substantial conformance to the Exterior Building Elevations, submitted by Arcline
Associates, Ltd., and dated July 11, 2005, and revised on August 5, 2005.
4. Substantial conformance to the Exterior Sign Data,the Monument and Gateway Sign
Data, submitted by Arcline Associates, Ltd., dated July 11, 2005, and revised on
August 5, 2005. All signs shall conform to the requirements of the sign ordinance.
5. Substantial conformance to the Landscape Plan, submitted by Arcline Associates,
Ltd., and dated July 11, 2005, and revised on August 5, 2005.
6. Substantial conformance to the Site Photometric Plan, submitted by Arcline
Associates, Ltd., and dated July 11, 2005, and revised on August 5, 2005.
7. The building elevations and floor plans for the single family residence to be
constructed on the northern portion of the subject property shall be consistent with
the style and character of residential structures in the neighborhood and will be
subject to review and approval of the Community Development Group.
8. Compliance with all other applicable codes and ordinances.
H. Off-Street Parking. In this PNB District,off street parking shall be subject to the provisions of
Chapter 19.45, Off Street Parking, of the EMC, as amended.
I. Off-Street Loading. In this PNB District,off street loading shall be subject to the provisions of
Chapter 19.47, Off Street Loading, of the EMC, as amended.
J. Signs.In this PNB District,signs shall be subject to the provisions of Chapter 19.50,Signs of the
Elgin Municipal Code, 1976, as amended.
K. Amendments. In this PNB District,application for text and map amendments shall be subject to
the provisions of Chapter 19.55,Amendments.A text and map amendment may be requested by an
individual lot or property owner for a zoning lot without necessitating that all other property owners
in this PNB zoning district authorize such an application.
L. Planned Developments. . In this PNB 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. 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
zoning district and without necessitating that all other property owners in this PNB zoning district
authorize such an application.
j. M. Conditional Uses. In this PNB zoning district, the use and development of the land and
( structures shall be subject to the provisions of Chapter 19.65 Conditional Uses of the Elgin
Municipal Code, 1976, as amended. A conditional use may be requested by an individual lot or
property owner for a zoning lot without requiring an amendment to this PNB zoning district and
without necessitating that all other property owners in this PNB zoning district authorize such an
application.
N. Variations. In this PNB District, the use and development of the land and structures shall be
subject to the provisions of Chapter 19.70, Variations of the Elgin Municipal Code, 1976, as
amended. Any of the requirements of this ordinance may be varied by petition of a lot or property
owner for a zoning lot without requiring an amendment to this PNB zoning district and without
necessitating that all other property owners in this PNB zoning district authorize such an application.
O. Subdivisions — Generally. The subdivision of the subject property and development thereof
shall comply with the subdivision regulations of the city,as amended,and the Plat Act of the State of
Illinois.
P. 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 4. That this ordinance shall be in full force and effect immediately after its passage
in the manner provided by law.
Ed Schock, Mayor
Presented: September 28, 2005
Passed: September 28, 2005
Omnibus Vote: Yeas: 6 Nays: 0
Recorded: September 29, 2005
Published:
Attest:
p-t5.,6,
Dolonna Mecum, City Clerk
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December 6, 2004
FINDINGS OF FACT
Planning and Development Commission City of Elgin,Illinois
SUBJECT
Consideration of Petition 44-04 Requesting a Map Amendment from CF Community Facility
District to PNB Planned Neighborhood Business District and PRC Planned Residence Conservation
District, and a Conditional Use for a Drive Through Facility in the PNB Planned Neighborhood
Business District and the and ARC Arterial Road Corridor Overlay District, to Permit the
Construction of a New Commercial Building with a Drive Through Facility and a New Single
Family Residence; Property Located at 600-620 Villa Street and 611-619 Margaret Place; by
Brownstone Development LLC,as Applicant and Morris B. Squire and Forest Health Systems,Inc.,
as Owners.
BACKGROUND
Requested Action: Map Amendment
Current Zoning: CF Community Facility District
ARC Arterial Road Corridor District
Proposed Zoning: PNB Planned Neighborhood Business District
PRC Planned Residence Conservation District
ARC Arterial Road Corridor District
Intended Use: Commercial Building with a Drive Through Facility
Single Family Residence
Property Location: 600-620 Villa Street and 611-619 Margaret Place
Applicant: Brownstone Development LLC
Owner: Morris B. Squire and Forest Health Systems, Inc
Staff Coordinator: Todd Wyatt, Associate Planner
LIST OF EXHIBITS
rib,. A. Location Map (see attached)
B. Zoning Map (see attached)
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Findings of Fact Planning and Development Commission
Petition 44-04 December 6, 2004
C. Parcel Map (see attached)
D. Aerial Map (see attached)
E. Environmental Map (see attached)
F. Site Photos (see attached)
G. Statement of Purpose and Conformance (see attached)
H. Draft Ordinances (see attached)
L Correspondence (see attached)
BACKGROUND
An application has been filed by Brownstone Development requesting a Map Amendment from CF
Community Facility District to PNB Planned Neighborhood Business District and PRC Planned
Residence Conservation District, and a Conditional Use for a drive through facility in the PNB
Planned Neighborhood Business District and the and ARC Arterial Road Corridor Overlay District.
The property is located at 600—620 Villa Street and 611-619 Margaret Place(see Exhibits A,B,C,
D, E, and F).
The applicant is proposing to demolish the existing structures on the property and construct a 14,820
square foot commercial building to be used as a pharmacy with a drive through window on the
southern portion of the subject property.Additionally,the applicant is proposing to construct a single
family residence on the northern portion of the subject property(see Exhibits G, H and I).
A portion of the subject property lies within the Elgin National Watch Historic District, and is
subject to approval of the Heritage Commission.This proposal was reviewed by the Design Review
Subcommittee of the Heritage Commission on November 18, 2004. The Design Review
Subcommittee of the Heritage Commission recommended the denial of the application for a
Certificate of Appropriateness to demolish the existing structure(reference the attached letter dated
November 24, 2004), The applicant intends on appealing the decision of the Design Review
Subcommittee to the whole Heritage Commission on January 4, 2005.
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FINDINGS
After due notice, as required by law, the Planning and Development Commission held a public
,,,,, hearing in consideration of Petition 44-04 on December 6, 2004. The applicant testified at the
public hearing and presented documentary evidence in support of the application.Public testimony
was presented. The Community Development Group submitted a Map Amendment Review,dated
November 24, 2004:
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Findings of Fact ° Planning and Development Commission
Petition 44-04 December 6, 2004
(Pi- •
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 approximately 1.69 acres of land.
The property is currently developed with the Lovelton Academy and Day School campus.
.Topography on the site ranges from a high point of 782 feet near the north portion of the
property, to a low point of 778 feet near the southeast portion of the subject property, for a
maximum relief of 4 feet. There are several stands of mature trees located on the subject
property,which will be removed by the applicant during the redevelopment of this property.
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 services.
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 may be suitable for the intended zoning district with respect
to the traffic and parking standard.
The subject property has frontage on four streets:Villa Street,Liberty Street,Margaret Place,
and Watres Place. Villa Street and Liberty Streets are arterial roads which serving the east
side of Elgin. Margaret Place and Watres Place are local streets serving the surrounding
neighborhood.
Access to the commercial portion of the subject property will be provided at four locations.
Full and limited access is proposed from Liberty Street.Full access points are proposed from
Villa Street and Watres Place. The single family residence will be accessed from Margaret
Place.
Off street parking will be provided in conformance with the Off Street Parking Ordinance.
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Findings of Fact Planning and Development Commission
Petition 44-04 December 6, 2004
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: "A"Residential District, and"B"Residential District
1950: "C"Residential District
1960: "C"Residential District
1962: R-4 General Residence District
1992: R-4 General Residence District
Present: CF Community Facility District
ARC Arterial Road Corridor District
The subject property most recently used as a residential care facility,which is a considered a
conditional use in the CF Community Facility District.
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, east, and west of the subject property are zoned RC3 Residence
Conservation District and has developed with residential uses.
The area to the south of the subject property is zoned NB Neighborhood Business District,
and has developed with commercial uses.
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 at the edge of a mature residential neighborhood, at the
intersection of two arterial roads. The two southern corners of the intersection have
developed with neighborhood scale commercial uses.
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Findings a(Fact • Planning and Development Commission
Petition 44-04 December 6,2004
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 NB Neighborhood Business District is to provide for commercial areas
supplying daily convenience commodities and services to a neighborhood population. The
scale of development of a NB zoning district is limited by the applicable site design regulations
due to its function.and resulting close proximity to residences.
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.
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.
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.
The proposed development is ideally suited for the subject property due to its location on an
arterial road network.The applicant is proposing to remove the existing structures on the site,
which may have limited re-use potential, and develop the site with a commercial building
which will compliment the surrounding neighborhood. The applicant is proposing to use
quality exterior building materials such as brick with cast stone accents,and is also proposing
a substantial landscaped area at the southwest corner of the property. This proposal
represents a creative approach to the use of the property, and will provide additional retail
and service opportunities to the surrounding neighborhood. Additionally,the development
process should adhere to the guidelines established for buildings located in historic districts.
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.
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Findings of Fact Planning and Development Commission
Petition 44-04 December 6, 2004
Findings. The subject property is suitable for the intended zoning district with respect to the
Comprehensive Plan Standard.
The subject property is designated as "Urban/Residential Village and Transportation
Corridor,"by the-1983 Comprehensive Plan. The proposed map amendment is consistent
with this land use designation.
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.
There are numerous stands of mature trees located on the subject property. The developer
intends to preserve many of the mature trees near the corner of Liberty and Villa Streets.
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 PORI Planned Office Research Industrial
District:
1. 19.45.135 (E.2.a)—Vehicle Use Area Street Setback. For a zoning lot of the size of the
subject property in the NB District,a parking lot is required to be setback a minimum of 9.7
feet from a street. The applicant is proposing to locate a parking lot approximately 3 feet
from Villa Street (a 70% departure), and 5 feet from the north property line (a 13%
departure).
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Findings of,Fact ' Planning and Development Commission
Petition 44-04 December 6, 2004
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2. 19.35.335(E.1.a)—Building Setback.For a zoning lot of the size of the subject property in
the NB District,a building is required to be setback a minimum of 27.5 feet.The applicant is
proposing the building be set back 5 feet from Liberty Street(an 82%departure).
3. 19.35.335(E.1.c)—Transition Setback.For a zoning lot of the size of the subject property
in the NB District, a building is required to be setback a minimum of 55 feet from a
transition lot line. The applicant is proposing to locate the building 44 feet from a transition
lot line near the north property line(a 20% departure).
4. 19.35.335 (11.1)-Transition Landscape Yard.For a zoning lot of the size of the subject
property in the NB District,a 27.5 foot landscape yard is required along a transition lot line.
The applicant is proposing a 5 foot transition yard for portions of the north and east property
lines (an 82% departure).
SUMMARY OF FINDINGS,UNRESOLVED ISSUES,AND ALTERNATIVES
The Community Development Group has developed or identified the following findings,unresolved
issues, and alternatives:
r • A. Summary of Findings.
1. Positive Attributes. The proposed development is ideally suited for the subject
property due to its location on an arterial road network.The applicant is proposing to
remove the existing structures on the site,which may have limited re-use potential,
and develop the site with a commercial building which will compliment the
surrounding neighborhood.The applicant is proposing to use quality exterior building
materials such as brick with cast stone accents, and is also proposing a substantial
landscaped area at the southwest corner of the property. This proposal represents a
creative approach to the use of the property, and will provide additional retail and
service opportunities to the surrounding neighborhood. Additionallyj the
development process should adhere to the guidelines established for buildings located
in historic districts.
B. Summary of Unresolved Issues.
There are no unresolved issues.
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 44-04 December 6,2004
RECOMMENDATION
The Planning and Development Commission hereby recommends the approval of Petition 44-04.On
a motion to recommend approval, subject to the following conditions,the vote was six (6)yes and
zero (0)no:
1. Substantial conformance to the Statement of Purpose and Conformance,submitted by
Richard Heimberg, and dated November 22, 2004.
2. Substantial conformance to the Site Plan,prepared by Arcline Associates,Ltd, and
dated May 20, 2004, with revisions as required by the Community Development
Group.
3. Substantial conformance to the Exterior Building Elevations, submitted by Arcline
Associates, Ltd., and dated October 25, 2004, with revisions as required by the
Community Development Group.
4. Substantial conformance to the Monument and Exterior Sign Data, submitted by
Arcline Associates,Ltd.,and dated May 20,2004,with revisions as required by the
Community Development Group.All signs shall conform to the requirements of the
sign ordinance.
5. Substantial conformance to the Landscape Plan, submitted by Arcline Associates,
Ltd., and dated October 20, 2004, with revisions as required by the Community
Development Group.
6. Substantial conformance to the Site Photometric Plan, submitted by Arcline
Associates, Ltd., and dated May 20, 2004, with revisions as required by the
Community Development Group.
7. The building elevations and floor plans for the single family residence to be
constructed on the northern portion of the subject property will be subject to review
and approval of the Community Development Group.
8. Compliance with all other applicable codes and ordinances.
Therefore, the motion to recommend approval of Petition 44-04 was adopted.
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Findings of Fact' Planning and Development Commission
Petition 44-04 December 6, 2004
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John Surlbut, Chairman
Planning and Development Commission
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Sarosh Saher, Secretary
Planning and Development Commission
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