G114-06 (2) It IP
Ordinance No. G114-06
AN ORDINANCE
RECLASSIFYING TERRITORY FROM THE
PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT
TO PAB PLANNED AREA BUSINESS DISTRICT
AND
CLASSIFYING NEWLY ANNEXED TERRITORY IN THE
PAB PLANNED AREA BUSINESS DISTRICT
(Elgin Wal-Mart/Sam's Club Subdivision- 1000 South Randall Road)
WHEREAS, the territory herein described has been annexed to the City of Elgin; and
WHEREAS, written application has been made to reclassify a previously annexed
portion of said territory and to classify the newly annexed portion of 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 public hearings 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
rik and recommendations 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 October 3, 2005, 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 19.07, 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 PAB Planned Area Business District,
the following described property:
That part of the Southwest Quarter of Section 28, Township 41 North, Range 8
East, of the Third Principal Meridian, Kane County, Illinois, described as follows:
Commencing at the Northwest Corner of the Southwest Quarter of Section 28;
thence South 01 degree 04 minutes 22 seconds East on the West Line of said
Southwest Quarter, a distance of 22.91 feet to the southern line of County
r• Highway 17 (Bowes Road) and the Point of Beginning; thence North 88 degrees
49 minutes 04 seconds East, along said southern line of County Highway 17, a
distance of 1225.04 feet to the western line of County Highway 34 (Randall
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Road); thence South 0 degrees 55 minutes 34 seconds East along said western line
of County Highway 34, a distance of 2608.12 feet to the South Line of the
Southwest Quarter of said Section 28; thence South 88 degrees 28 minutes 48
seconds West on the South Line of the Southwest Quarter of said Section 28, a
distance of 1218.39 feet to the West Line of the Southwest Quarter of said Section
28; thence North 01 degree 04 minutes 22 seconds West on the West Line of the
Southwest Quarter of said Section 28, a distance of 2615.28 feet to the Point of
Beginning.
Section 3. That the City Council of the City of Elgin hereby classifies the Subject
Property in the PAB Planned Area Business District in accordance with the following provisions:
A. Purpose and Intent. The purpose of the PAB Area Business District is to
provide commodities and services to several neighborhoods, and in some
instances to a community wide or regional supporting population, subject to
Chapter 19.60. A PAB zoning district is most similar to, but departs from the
standard requirements of the AB zoning district.
B. Supplementary Regulations/Defined Terms. 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; provided, however,
the "Dispersion" provision set forth in paragraph (B) of the definition of
"Alcoholic Liquor, Package Liquor Sales Establishment" (Elgin Zoning
Ordinance Section 19.90.015) shall not apply to the "Package liquor sales
establishments" approved as permitted uses. The exclusion of such symbol [SR]
shall not exempt such word or phrase from the applicable supplementary
regulation. The "Preliminary Site Plan" referred to in this ordinance shall mean
the Preliminary Site Plan by Atwell-Hicks referred to in Section 3G(1) hereof.
"Subject Property" referred to in this Ordinance shall mean the property legally
described above in Section 2 of this Ordinance. The "Outlots" shall mean those
areas of the Subject Property other than those portions or lots of the Subject
Property improved with improvements related to the Sam's Club store, Sam's gas
station, and Wal-Mart store.
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 PAB 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 and development 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"
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[SR] shall be the only land uses allowed as a "permitted use" [SR] or as a
"conditional use" [SR] in this PAB zoning district:
1. 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:
b. Offices Division:
"Offices" [SR] (UNCL).
c. Finance, Insurance, and Real Estate Division:
"Development sales offices" [SR] (UNCL).
Finance (including banks and bank branches), insurance, and real
estate; provided, however, that as to the Outlots a maximum total
of one stand-alone bank or bank branch shall be permitted, which
bank may include a drive-through.
d. Services Division:
/�• Advertising (731).
Barbershops (724).
Beauty shops (723).
Dry cleaning without plant on premises (7215).
Computer rental and leasing(7377).
Mailing, reproduction, commercial art and photography, and
stenographic services (733).
Motion picture theaters (7832).
Photographic studios, portrait (722).
Security systems services (7382).
Watch, clock and jewelry repair(763).
f. Retail Trade Division:
Apparel and accessory stores (56).
Building materials,hardware, and garden supply (52).
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Carryout restaurants accessory to "eating places."
Drinking places (alcoholic beverages) (5813).
Drugstores and proprietary stores (591).
Eating places (5812), but not including fast food/quick service
restaurants including, by way of example, but not limited to,
McDonald's, Burger King, Wendy's, White Castle, Taco Bell,
Subway, Kentucky Fried Chicken, Pizza Hut, A & W and Long
John Silvers. Such prohibited high volume/fast food/quick service
restaurants shall not be deemed to include (i) lower volume
midvalue fast food restaurants including, by way of example, but
not limited to, Portillo's or Starbucks; or (ii) any other restaurant
listed in Section 3E(3)(c) and(d) hereof.
Florists (5992).
Food stores (54).
General merchandise stores (53).
Home furniture, furnishings and equipment stores (57).
Miscellaneous retail stores not elsewhere classified limited to
architectural supplies-retail; art dealers-retail; artists supply and
material stores-retail; baby carriages-retail; candle shops-retail; pet
stores-retail; pet shops-retail; picture frames, ready made-retail;
and telephone stores-retail (5999).
Miscellaneous shopping goods stores (594).
"Motor vehicle service stations" [SR] (554) and accessory "car
wash", limited to a maximum of one such use for the entire
subdivision to be located on lot 9 on the Preliminary Plat of
Subdivision dated July 29, 2005 and operated in conjunction with
the Sam's Club store. Such use may further include an accessory
"food store."
News dealers (5994).
Optical goods stores (5995).
"Outdoor eating and drinking facilities" [SR] (UNCL).
g. Agricultural Division:
Dog grooming (0752).
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Veterinary services for household pets (0742).
h. Construction Division:
"Contractor's office and equipment areas" [SR] (UNCL).
Manufacturing Division:
Commercial printing occupying less than five thousand (5,000)
square feet of gross floor area(2752).
j. Transportation, Communication And Utilities Division:
Branch United States post offices (4311).
"Commercial antennas and antenna structures mounted on existing
structures" [SR] (UNCL).
"Loading facilities" [SR], exclusively "accessory" [SR] to a use
allowed in the zoning district, subject to the provisions of Chapter
19.47 of this Title (UNCL).
"Radio and television antennas" [SR] (UNCL).
"Satellite dish antennas" [SR] (UNCL).
"Treatment, transmission and distribution facilities: poles, wires,
cables, conduits, laterals, vaults, pipes, mains, and valves" [SR]
(UNCL).
k. Miscellaneous Uses Division:
"Accessory structures" [SR] (UNCL) to the permitted uses allowed
in the AB Area Business District, subject to the provisions of
Section 19.12.500 of this Title.
"Accessory uses" [SR] (UNCL) to the permitted uses allowed in
the AB Area Business District, subject to the provisions of Section
19.10.400 of this Title.
"Commercial operations yards" [SR] (UNCL) accessory to
principal buildings exceeding 130,000 square feet in floor area.
"Drive-through facilities" [SR], subject to the provisions of
Chapter 19.45 of this Title.
"Fences and walls" [SR] (UNCL).
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/�► "Firearms sales" (5941), exclusively accessory to a sporting goods
store or general merchandise store, specifically limited to one each
for lot 9 and lot 10 as identified on the Preliminary Plat of
Subdivision.
"Loading facilities" [SR] (UNCL), exclusively "accessory" [SR] to
a permitted use allowed in this PAB Area Business District,
subject to the provisions of Chapter 19.47 of this Title.
"Motor vehicle repair shop" [SR] (753) accessory to a general
merchandise store, specifically limited to one each for lot 9 and lot
10 as identified in the Preliminary Plat of Subdivision.
"Outdoor display areas" [SR] (UNCL).
"Package liquor sales establishments" [SR] (5921) accessory to a
general merchandise store, specifically limited to two general
merchandise stores on lots 9 and 10 as identified on the
Preliminary Plat of Subdivision.
"Parking lots" [SR] (UNCL), exclusively "accessory" [SR] to a
permitted use allowed in this PAB Area Business District, subject
to the provisions of Chapter 19.45 of this Title.
"Parking structures" [SR] (UNCL), exclusively "accessory" [SR]
to a permitted use allowed in this PAB Area Business District,
subject to the provisions of Chapter 19.45 of this Title.
"Refuse collection area" [SR].
"Signs" [SR] (UNCL), subject to the provisions of Chapter 19.50
of this Title.
"Temporary uses" [SR] (UNCL).
2. Conditional Uses: The following enumerated land uses shall be the only
land uses allowed as a conditional use in this PAB Planned Area Business
District:
a. Municipal Services Division:
"Municipal facilities" [SR] on a zoning lot [SR] containing less
than two (2) acres of land.
b. Public Administration Division:
Public administration (J) on a zoning lot containing less than two
(2) acres of land.
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c. Services Division:
Coin-operated amusement establishments (7993).
d. Retail Trade Division:
Firearms sales (5941), exclusively accessory to a sporting goods
store.
"Package liquor sales establishments" [SR] (5921).
e. Transportation, Communication, and Utilities Division:
"Conditional commercial antenna tower" [SR] (UNCL).
"Conditional commercial antennas and antenna structures mounted
on existing structures" [SR] (UNCL).
Pipelines, except natural gas (461).
"Other radio and television antennas" [SR] (UNCL).
"Other satellite dish antennas" [SR] (UNCL).
Radio and television broadcasting stations (483).
"Treatment, transmission, and distribution facilities: equipment,
equipment buildings, towers, exchanges, substations, regulators"
[SR] (UNCL).
f. Miscellaneous Uses Division:
"Accessory package liquor sales establishment" [SR] (UNCL).
"Accessory structures" [SR] (UNCL) to the conditional uses
allowed in the AB Area Business District, subject to the provisions
of Section 19.12.500 of this Title.
"Accessory uses" [SR] (UNCL) to the conditional uses allowed in
the AB Area Business District, subject to the provisions of Section
19.10.400 of this Title.
"Drive-through facilities" [SR], subject to the provisions of
Chapter 19.45 of this Title, provided, however, no such drive thru
facility shall be approved for a high volume fast food/quick service
restaurant, including, by way of example, but not limited to,
McDonald's, Burger King, Wendy's, White Castle, Taco Bell,
Subway, Kentucky Fried Chicken, Pizza Hut, A & W and Long
John Silvers. Such prohibited high volume fast food/quick service
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rrestaurants shall not be deemed to include (i) lower volume
midvalue fast food restaurants including, by way of example, but
not limited to, Portillo's or Starbucks; or (ii) any other restaurant
listed in Section 3E(3)(c) and(d)hereof.
"Master signage plan" [SR], subject to the provisions of Chapter
19.50 of this Title.
"Parking lots" [SR] (UNCL), subject to the provisions of Chapter
19.45 of this Title.
"Parking structures" [SR] (UNCL), subject to the provisions of
Chapter 19.45 of this Title.
"Planned developments" [SR] (UNCL) on a zoning lot containing
less than two (2) acres of land, subject to the provisions of Chapter
19.55 of this Title.
3. Additional Use Restrictions and Regulations for Outlots:
Notwithstanding the foregoing provisions of Sections 3E1 and 3E2
providing for the listing of permitted uses and conditional uses, the
following additional use restrictions and regulations shall apply to the
Outlots:
a. Not more than a total of one stand alone bank or bank branch shall
be located on all of the Outlots.
b. The following shall constitute prohibited uses on the Outlots:
video stores; laundromats; currency exchanges; payday loan
business; nail salons which are not accessory to a beauty shop
(723); tanning salons which are not accessory to a beauty shop
(723); tax return preparation business; dollar type discount stores;
rental furniture stores; automotive related uses including, but not
limited to, motor vehicle service stations [SR] (554), car washes
and "motor vehicle repair shops" [SR] (753); and fast food/quick
service restaurants including, by way of example, but not limited
to, McDonald's, Burger King, Wendy's, White Castle, Taco Bell,
Subway, Kentucky Fried Chicken, Pizza Hut, A & W and Long
John Silvers. Such prohibited high volume fast food/quick service
restaurants shall not be deemed to include (i) lower volume
midvalue fast food restaurants including, by way of example, but
not limited to, Portillo's or Starbucks; or (ii) any of the restaurants
set forth below in (c) and (d).
c. The development of the Outlots shall include not less than one of
the following full service/fine dining restaurants: Abuelo's, Biaggis
Restorante, Bin 36, Black Angus Steakhouse, Buca di Beppo,
California Pizza Kitchen, Cameron Mitchell, Capital Grille,
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Carrabba's Italian Grill, Champps, Charlie's Ale House, Claim
Jumper, Elephant Bar Restaurant, Eddie Merlot Steakhouse,
Greek Islands, Gordon Biersch, Harry Carry's, J Alexanders,
Jameson's Steakhouse, Johnny's Italian Steakhouse, Kobe
Japanese Steakhouse, Longhorn Steakhouse, Mia Francesca, Nick
& Tony's, On the Border, Outback Steakhouse, Papagus, P.F.
Chang's, Pete Miller's, Redstone, Saltgrass Steakhouse, Scoozi,
Shaw's Crab House, Smith & Wollensky, Stir Crazy, Stoney River
Steak House, Sullivan's, Tuscany, Uncle Julio's, Weber Grill,
Wildfire, or such other full service/fine dining restaurants as
approved by the City as part of a planned development approval
process for the Outlots. Finally, the outlot development may
include one new fine dining concept that does not currently exist
today and is approved by the City.
d. The development of the Outlots shall include not less than one full
service casual/dining level restaurant: Atlanta Bread Co., Au Bon
Pain, Bahama Breeze, Baja Fresh, Baker's Square, Bar Louie,
Bennigan's, Ben Pao, Big Bowl, Buffalo Wild Wings, Buona Beef,
Carlucci's, Cheeseburger in Paradise, Cheesecake Factory, Chili's,
Elly's Cheesecake, Famous Dave's, Flat Top Grill, Fox & Hound,
Fuddrucker's, Giordano's, Golden Corral, Go Roma, Home Run
Inn Pizza, Houlihan's, Joe's Crab Shack, Lou Malnati's, Lumes
Pancake House, Macaroni Grill, Max & Erma's Restaurant,
Mimi's Cafe, O'Charley's, Old Chicago, Olive Garden, Panera
Bread, Pei Wei, Pizzeria Uno, Pompei, Portillo's, Potbelly, Ram
Restaurant & Brewery, Red Lobster, RJ Grunt's, Red Star Tavern,
Rock Bottom Brewery, Ruby Tuesday, Smokey Bones BBQ,
Sweet Tomatoes, Ted's Montana Grill, Texas Roundhouse, TGI
Friday's, Walker Brothers or such other full service/casual dining
restaurants as approved by the City as part of a planned
development approval process for the Outlots. Finally, the outlot
development may include one new full service casual/dining level
restaurant that does not currently exist today and is approved by
the City.
e. The requirements for the establishment of a full service/fine dining
restaurant and a full service/casual restaurant on the Outlots
provided for in the preceding Sections 3c and d hereof shall
terminate and expire three (3) years from the adoption of this
ordinance. During such three year time period the owners of the
Subject Property and any successors or assigns shall use their best
efforts to establish such restaurants on the Outlots including
providing the City copies of marketing proposals or other
communications made to each of the listed restaurant
establishments.
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f. The establishment of the restaurants on the Outlots as required in
the preceding Sections 3c and d hereof shall not be required prior
to the Owner proceeding with the development of the Sam's Club
store, Sam's gas station and Wal-Mart portions of the project nor
required prior to the Owner, its successors or assigns proceeding
with the development of the balance of the Outlots.
F. Site Design. In this PAB Planned Area Business zoning district, except as
otherwise provided for herein, 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. In this PAB Zoning District, the site design
regulations shall be as follows:
1. Zoning Lots; Generally: In this PAB Zoning District, "zoning lots" [SR]
shall be subject to the provisions of Section 19.12.300 of this Title.
2. Lot Area: In this PAB Zoning District, there shall be no minimum
required "zoning lot area" [SR].
3. Lot Width: In this PAB Zoning District, there shall be no minimum
required "lot width" [SR] for a zoning lot.
4. Setbacks; Generally: In this PAB Zoning District, "setbacks" [SR] shall
be subject to the provisions of Section 19.12.400 of this Title.
5. Setbacks by Lot Line: In this PAB Zoning District, the minimum
required "building" [SR] "setbacks" [SR] and "vehicle use area setbacks"
[SR] for a zoning lot shall be as follows:
a. Building Setbacks:
i. Street Setback: The minimum required building setback
from a "street lot line" [SR] shall be as follows:
Randall Road and Bowes Road: 50 feet.
Any Private Drive: 10 feet.
ii. Interior Setback: The minimum required building setback
from an "interior lot line" [SR] shall be six (6) feet.
iii. Transition Setback (applicable only to the Wal-Mart store):
The minimum required building setback from a "transition
lot line" [SR] shall be one hundred (100) feet, except the
pallet and bale storage area depicted on the Preliminary
Site Plan shall be permitted within said setback.
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b. Vehicle Use Area Setbacks:
i. Street Setback: The minimum required vehicle use area
setback from a"street lot line" [SR] shall be as follows:
Randall Road and Bowes Road: 25 feet.
Any Private Street: 6 feet.
ii. Interior Setback: For zoning lots with a vehicle use area,
the minimum required vehicle use area setback from an
interior lot line shall be six (6) feet.
iii. Transition Setback (applicable only to the Wal-Mart store):
The minimum required vehicle use area setback from a
"transition lot line" [SR] shall be fifty(50) feet, except that
the minimum required vehicle use area setback shall be
reduced to twenty-four (24) feet for the Wal-Mart truck
turn around area as depicted on the Preliminary Site Plan.
6. Accessory Structures and Buildings: In this PAB Zoning District,
"accessory structures and buildings" [SR] shall be subject to the provisions
of Section 19.12.500 of this Title.
7. Yards; Generally: In this PAB Zoning District, a "street yard" [SR], a
"side yard" [SR], a "rear yard" [SR], or a "transition yard" [SR]
established by a required building setback or by the actual location of a
building shall be subject to the provisions of Section 19.12.600 of this
Title.
8. Landscape Yards: In this PAB Zoning District, landscape yards shall be
as follows:
a. Vehicle Use Area Landscape Yards: The yards established by
vehicle use area setbacks shall be used as "vehicle use area
landscape yards" [SR] with the exception of access driveways as
provided in Sections 19.45.110 and 19.45.120 of this Title. Vehicle
use area landscape yards shall be subject to the provisions of
Section 19.12.700 of the zoning ordinance.
b. Interior Landscape Yards: "Interior landscape yards" [SR] shall be
installed on a zoning lot featuring a "vehicle use area" [SR], which
exceeds five thousand (5,000) square feet in area, subject to the
provisions of Section 19.12.700 of this Title.
9. Floor Area: In this PAB zoning district, the maximum "floor area" for a
zoning lot shall not exceed 60% of the total zoning lot area.
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10. Building Coverage: In this PAB zoning district, the maximum "building
coverage" [SR] for a zoning lot shall not exceed 40% of the total zoning
lot area.
G. Site Design and Architectural Design. In this PAB zoning district, all site
development and buildings shall be designed, constructed and maintained in
substantial conformance to the following development plans and/or regulations:
1. Substantial conformance with the Preliminary Site Plan prepared by
Atwell-Hicks, including:
a. SP-01 Cover Sheet, dated July 15, 2005 and last revised May 1,
2006.
b. SP-02 Site Layout/Dimension Plan-North, dated July 28, 2005 and
last revised May 1, 2006.
c. SP-03 Site Layout/Dimension Plan-South, dated July 28, 2005 and
last revised May 1, 2006.
d. SP-04 Storm Sewer and Grading Plan-North, dated July 28, 2005
and last revised May 1, 2006.
e. SP-05 Storm Sewer and Grading Plan-South, dated July 28, 2005
and last revised May 1, 2006.
f. SP-06 Utility Plan-North, dated July 28, 2005 and last revised May
1, 2006.
g. SP-07 Utility Plan-South, dated July 28, 2005 and last revised May
1, 2006.
h. SP-08 Landscape Plan-North, dated July 28, 2005 and last revised
May 1, 2006.
i. SP-09 Landscape Plan-South, dated July 28, 2005 and last revised
May 1, 2006.
j. SP-10 Landscape Notes, dated July 28, 2005 and last revised May
1, 2006.
k. SP-11 Site Lighting Plan-North, dated July 28, 2005 and last
revised May 1, 2006.
1. SP-12 Site Lighting Plan-South, dated July 28, 2005 and last
revised May 1, 2006.
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2. Substantial conformance with the Building Elevation Drawings for Sam's
Club, prepared by PB2 Architecture and Engineering, dated August 2,
2005.
3. Substantial conformance with the Building Elevation Drawings for Wal-
Mart, prepared by PB2 Architecture and Engineering, dated August 2,
2005.
4. Building elevations for the Sam's gas station shown on the Preliminary
Site Plan shall be submitted to the Director of Community Development
for approval. The Director of Community Development shall approve
said building elevations so long as the building materials for the Sam's gas
station are substantially similar to the building materials for the Sam's
Club store.
5. Buildings and building additions other than the Sam's Club building and
the Wal-Mart building identified in paragraphs 2 and 3 above and the
Sam's gas station shall also be subject to the following additional
regulations:
a. Building Materials. A minimum of eighty percent of each building
façade shall be constructed of brick, stone, wood, stucco, or
cement fiber board. A maximum of twenty percent of each
elk building façade may be constructed of Exterior Insulation
Finishing System, decorative concrete block, premanufactured
concrete panels, or other synthetic materials such as aluminum or
vinyl siding products.
b. Architecture. Each building façade shall contain a minimum of six
architectural features including, but not limited to, window sills,
lintels, fabric awnings, columns, stone watercourses, offsets,
cornices, capstones, parapets, or alternating brick design.
c. Windows and entryways. Windows and entryways shall be
emphasized by utilizing awnings or other dominant architectural
features. These features should be further highlighted through the
use of stone window sills and lintels and alternate brick design
such as soldier courses.
d. All refuse enclosures shall be constructed fully of masonry
materials matching the principal building and shall be affixed
structurally as part of the primary building wall systems.
e. Outdoor eating and drinking areas shall be enclosed by a minimum
3 foot wrought iron or aluminum open fencing. Solid masonry
rik walls will also be permitted. The use of stone or masonry columns
within the fence design is encouraged.
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f. Departures. Departures to the above design guidelines may be
granted through 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.
6. Except for the Sam's Club development, including the Sam's gas station,
and the Wal-Mart development on lots 9 and 10 identified in the
Preliminary Plat of Subdivision, prior to any other or further development
of the Subject Property the owner of the Subject Property to be developed
shall be required to submit a development plan to the city for a public
hearing and City Council approval pursuant to the provisions of Chapter
19.60, Planned Developments, of the Elgin Municipal Code, 1976, as
amended.
H. Off-street Parking. Except as otherwise provided within this section, 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, as amended.
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.
J. Signs. In this PAB zoning district, signs shall be subject to the provisions of
Chapter 19.50, Street Graphics, of the Elgin Municipal Code, 1976, as amended,
except as follows:
1. Substantial conformance with the Building and Sign Elevation Drawings
for Sam's Club, prepared by PB2 Architecture and Engineering, dated
August 2, 2005.
2. Substantial conformance with the Building and Sign Elevation Drawings
for Wal-Mart, prepared by PB2 Architecture and Engineering, dated
August 2, 2005.
All other signage, including the free standing signage (pylon and monument)
shown on the Preliminary Site Plan, shall comply with the provisions of
Chapter 19.50 and shall be submitted with a sign permit application to the
Director of Community Development for approval. Such free standing signage
shall also have materials and coloring consistent with the Building and Sign
Elevation Drawings referred to in subparagraphs 1 and 2 above.
K. 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.
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f. Departures. Departures to the above design guidelines may be
granted through 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.
6. Except for the Sam's Club development, including the Sam's gas station,
and the Wal-Mart development on lots 9 and 10 identified in the
Preliminary Plat of Subdivision, prior to any other or further development
of the Subject Property the owner of the Subject Property to be developed
shall be required to submit a development plan to the city for a public
hearing and City Council approval pursuant to the provisions of Chapter
19.60, Planned Developments, of the Elgin Municipal Code, 1976, as
amended.
H. Off-street Parking. Except as otherwise provided within this section, 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, as amended.
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.
J. Signs. In this PAB zoning district, signs shall be subject to the provisions of
Chapter 19.50, Street Graphics, of the Elgin Municipal Code, 1976, as amended,
except as follows:
1. Substantial conformance with the Building and Sign Elevation Drawings
for Sam's Club, prepared by PB2 Architecture and Engineering, dated
August 2, 2005.
2. Substantial conformance with the Building and Sign Elevation Drawings
for Wal-Mart, prepared by PB2 Architecture and Engineering, dated
August 2, 2005.
All other signage, including the free standing signage (pylon and monument)
shown on the Preliminary Site Plan, shall comply with the provisions of
Chapter 19.50 and shall be submitted with a sign permit application to the
Director of Community Development for approval. Such free standing signage
shall also have materials and coloring consistent with the Building and Sign
Elevation Drawings referred to in subparagraphs 1 and 2 above.
K. 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.
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•
e*. L. Conditional Uses. In this PAB zoning district, application for conditional uses
F 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.
M. 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.
N. 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.
0. 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 full force and effect immediately after its
passage in the manner provided by law.
d Schock, Mayor
Presented: December 20, 2006
Passed: December 20, 2006
Vote: Yeas: 6 Nays: 0
Recorded: December 21, 2006
Published:
Attest:
Dolonna Mecum, ity Jerk
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rok October 3, 2005
FINDINGS OF FACT
Planning and Development Commission City of Elgin, Illinois
SUBJECT
Consideration of Petition 59-05 Requesting Annexation,PAB Planned Area Business District Zon-
ing, and Preliminary Plat and Final Plat Approval for a Commercial Planned Development to be
Known as Sams Elgin Subdivision;Property Located at 1000 South Randall Road,by Atwell-Hicks,
L.L.C., as Applicant, and Bowes Road, L.L.C., as Owner.
GENERAL INFORMATION
Requested Action: Annexation, Zoning,
Preliminary and Final Plat Approval
Current Zoning: Kane County F Farming District
PSFR2 Planned Single Family Residence District
ARC Arterial Road Corridor Overlay District
Proposed Zoning: PAB Planned Area Business District
Existing Use: Agricultural
Property Location: 1000 South Randall Road
Applicant: Atwell-Hicks, LLC
Staff Coordinator: Tom Armstrong, Principal Planner
LIST OF EXHIBITS
A. Location Map (see attached)
B. Zoning Map (see attached)
C. Parcel Map (see attached)
D. Aerial Map (see attached)
EXHIBIT
Fibdings of Fact Planning and Development Commission
Petition 59-05 October 3, 2005
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E. Environmental Map (see attached)
F. Site Photos (see attached)
G. Development Plan (see attached)
H. Standards for Planned Developments (see attached)
BACKGROUND
An application has been filed by Atwell-Hicks, L.L.C. requesting annexation, PAB Area Business
District zoning for the territory to be annexed, a rezoning from PSFR2 Planned Single Family Dis-
trict to PAB Planned Area Business District for previously annexed territory, and preliminary plat
and final plat approval for a commercial planned development to be known as Sams Elgin Subdivi-
sion. The subject property is located in the"Arterial Road Corridor Overlay District"at 1000 South
Randall Road (reference Exhibits A, B, C, D, and E).
Sams Elgin Subdivision includes 11 lots which will be developed with retail and commercial uses.
The anchor tenants in the subdivision are Sam's Club/Sam's Gas Station Convenience Store and a
Super-WalMart. The development also includes significant upgrades to the Bowes Road/Randall
Road intersection (reference Exhibits F, G, and H).
GENERAL FINDINGS
After due notice,as required by law,the Planning and Development Commission held a public hear-
ing in consideration of Petition 59-05 on September 19, 2005. The applicant testified at the public
hearing and presented documentary evidence in support of the application.Public testimony was pre-
sented at the public hearing. The Community Development Group submitted an Annexation, Zoning
and Subdivision Review, dated September 14, 2005.
The Planning and Development Commission has made the following general findings:
A. Site Characteristics Standard. The suitability of the subject property for the proposed an-
nexation, zoning and subdivision, with respect to its size, shape and any existing improve-
ments.
Findings: The subject property is suitable for the proposed annexation,zoning and subdivi-
sion with respect to the site characteristics standard. The subject property is a regularly
shaped parcel containing approximately 73 acres of land. The property has gently rolling to-
pography. The property is bisected by a stream corridor that flows from a wetland area lo-
"' cated east of Randall Road to Otter Creek,located to the west of the subject property. There
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Findings of Fact Planning and Development Commission
Petition 59-05 October 3, 2005
is a small wetland area located near the northeast corner of the property,along Randall Road.
The property is in agricultural use.
B. Sewer and Water Standard. The suitability of the subject property for the proposed an-
nexation,zoning and subdivision with respect to the availability of adequate water,sanitary
treatment and stormwater control facilities.
Findings: The subject property is suitable for the proposed annexation,zoning and subdivi-
sion with respect to the sewer and water standard. The applicant intends to connect to mu-
nicipal sanitary sewer and water mains that are currently present at the subject property.
Stormwater control will be provided on site through various methods including storm sewer,
detention,and retention facilities,in accordance with all local,state,and federal regulations.
C. Traffic and Parking Standard.The suitability of the subject property for the proposed an-
nexation, zoning and subdivision 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 annexation,zoning and subdivi-
sion with respect to the traffic and parking standard. The subject property has frontage along
Bowes and Randall Roads,both of which are regional arterial streets serving the west side of
Elgin and areas beyond. Traffic carrying capacity will be added to the Bowes Road/Randall
Road intersection to accommodate this development and increased traffic generated by other
development projects in the area.
The property also has frontage on Reserve Drive, which functions as a local street serving
residential areas located to the immediate west of the subject property. The location of Re-
serve Drive allows local street access to the proposed commercial development from the
neighboring residential areas without the need for that traffic to utilize either Bowes Road or
Randall Road.
Parking will be provided in conformance with the Off-Street Parking Ordinance.
D. Zoning History Standard.The suitability of the subject property for the proposed annexa-
tion,zoning and subdivision with respect to the length of time the property has remained un-
developed or unused in its current zoning district.
Findings: The subject property is suitable for the proposed annexation,zoning and subdivi-
sion with respect to the zoning history standard. The southerly portion of the subject prop-
erty was annexed and zoned PSFR2 Planned Single Family Residence District in 2001. This
created an annexation corridor to a number of projects developing to the west of the subject
property.
tek The balance of the subject property is zoned for farming in unincorporated Kane County.
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Findings of Fact Planning and Development Commission
Petition 59-05 October 3, 2005
E. Surrounding Land Use and Zoning Standard. The suitability of the subject property for
the proposed annexation,zoning and subdivision with respect to consistency and compatibil-
ity with surrounding land use and zoning.
Findings: The subject property is suitable for the proposed annexation,zoning and subdivi-
sion with respect to the surrounding land use and zoning standard. The areas located to the
north of the subject property are developed with residential and commercial uses. The com-
mercial development is oriented along the Randall Road corridor,with residential uses and
subdivisions located on adjoining properties. Zoning districts include PAB Planned Area
Business District(Nick's Pizza), SFR2 Single Family Residence District(Columbine Subdi-
vision),PSFR2 Planned Single Family Residence District and PCF Planned Community Fa-
cility District (Edgewater Subdivision).
The areas located to the east of the subject property are developed with residential and com-
mercial uses. Zoning districts include PAB Planned Area Business District (Elgin State
Bank),PMFR Planned Multiple Family Residence District(Willow Bay Townhomes), and
CF Community Facility District (vacant parcel).
The areas located to the south of the subject property are located in unincorporated Kane
County, and are in agricultural use. Some county estate lots located to the southwest of the
property are developed with single family homes and a private school.
The areas located to the west of the subject property are in residential use or are being con-
served as open space. Zoning districts include PMFR Planned Multiple Family Residence
District and PCF Planned Community Facility District (The Reserve Townhomes).
F. Trend of Development Standard. The suitability of the subject property for the proposed
annexation,zoning and subdivision 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 annexation,zoning and subdivi-
sion with respect to the trend of development standard. The subject property is located along
Randall Road, which is developing as a commercial corridor.
G. Zoning Districts Standard.The suitability of the subject property for the proposed annexa-
tion, zoning and subdivision with respect to conformance to the provisions for the purpose
and intent, and the location and size of a zoning district.
For planned development districts,the planned development should demonstrate the follow-
ing characteristics:
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Findings of Fact Planning and Development Commission
Petition 59-05 October 3, 2005
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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.
Planned residential districts should be located in substantial conformance to the official com-
prehensive plan. The amount of land necessary to constitute a separate planned residential
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.
Findings: The subject property is suitable for the proposed annexation,zoning and subdivi-
sion with respect to the zoning districts standard. The applicant is proposing to zone the
property being annexed PAB Planned Area Business District, and to rezone the previously
annexed portion of the property from PSFR2 Planned Single Family Residence District to
PAB Planned Area Business District. The property is proposed to be subdivided into 11 lots.
H. Comprehensive Plan Standard. The suitability of the subject property for the proposed an-
nexation, zoning and subdivision with respect to conformance to the goals, objectives, and
policies of the official comprehensive plan.
Findings: The subject property is suitable for the proposed annexation,zoning and subdivi-
sion with respect to the comprehensive plan standard. The subject property is designated as
"Highway Commercial"on the Land Use exhibit in the Elgin Comprehensive Plan and De-
sign Guidelines. This land use designation includes commercial areas serving surrounding
residential areas and larger trade areas connected by the arterial street system.
Natural Preservation Standard.The suitability of the subject property for the proposed an-
nexation, zoning and subdivision with respect to the preservation of all significant natural
features including topography, watercourses, wetlands, and vegetation.
Findings: The subject property is suitable for the proposed annexation,zoning and subdivi-
sion with respect to the natural preservation standard. The subject property contains a stream
corridor and a small wetland area.The applicant is proposing to mitigate the wetland site and
provide required buffers along the stream corridor, with limited stream crossings.
J. Internal Land Use Standard. The suitability of the subject property for the intended an-
nexation,zoning and subdivision with respect to the land uses permitted within the develop-
ment being located,designed, and operated so as to exercise no undue detrimental influence
on each other or on surrounding property.
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• Findings of Fact Planning and Development Commission
Petition 59-05 October 3, 2005
Findings: The subject property is suitable for the proposed annexation,zoning and subdivi-
sion with respect to the internal land use standard. Sam's Club, the Sam's Gas Station and
Convenience Store,and Super-WalMart are the only known commercial uses at this time. In
addition to the annexation, PAB Planned Area Business District zoning, and subdivision of
the subject property,the applicant is requesting approval of the following listed conditional
uses: accessory package liquor sales, car wash, commercial operations yard, firearm sales,
motor vehicle repair,and motor vehicle service stations. Development of the remaining lots
in the commercial subdivision would be subject to future zoning hearings pursuant to the
terms and conditions of the annexation agreement and the proposed planned development
district zoning.
The commercial subdivision is designed in general conformance with the applicable zoning
and subdivision standards. The zoning and subdivision standards are intended to prevent un-
due detrimental influence on the proposed internal land uses and on surrounding properties.
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 and Subdivision Ordinances. This planned devel-
opment is proposed to be zoned PAB District. The applicant is requesting certain departures from
the normal standards, regulations, and requirements of the zoning and subdivision ordinances. For
the purposes of this section, the most similar zoning district is the AB Area Business District. The
applicant is requesting the following proposed departures:
1. 19.12.300(E)-Principal Buildings Per Zoning Lot. In the AB Area Business Districts,no
more than one principal building is allowed on a zoning lot. The applicant is proposing to
subdivide the zoning lot into 11 lots of record and to develop the zoning lot with at least 11
buildings.
2. 19.12.400 (D) -Setbacks from a Private Drive. In the AB District, a minimum 20 foot
building setback is required. The applicant is proposing to provide a minimum 10 foot build-
ing setback from a private drive.
3. 19.35.435 (E.1.c) -Transition Building Setback. In the AB District, a transition building
setback is required from a transition lot line separating a business zoning district from a resi-
dence zoning district. The required transition building setback from the adjoining residence
district boundary line for "The Reserve Subdivision" is 181 feet. The proposed WalMart
building is located 100 feet from the transition lot line. It should be noted that a stormwater
management basin is located on the residential side of the transition lot line,providing more
the 240 feet of separation between the proposed commercial building and the actual residen-
tial property.
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' Findings of Fact Planning and Development Commission
Petition 59-05 October 3, 2005
4. 19.35.435 (H) - Transition Landscape Yard. In the AB District, a transition landscape
yard is required to separate and screen vehicle use areas and commercial buildings from an
adjoining residence zoning district. The required transition landscape yard along the adjoin-
ing residence district boundary line for "The Reserve Subdivision" is 90.5 feet. The pro-
posed vehicle use area behind the proposed WalMart building is located 50 feet from the
transition lot line. It should be noted that a stormwater management basin is located on the
residential side of the transition lot line,providing more the 160 feet of separation between
the proposed vehicle use area and the actual residential property.
5. 19.50-Signs. The applicant is requesting more wall signs than permitted by code on some
storefronts (reference Sam' Club and WalMart Building and Sign Elevations.
SUMMARY OF UNRESOLVED ISSUES AND ALTERNATIVES
The Planning and Development Commission has developed or identified the following findings,un-
resolved issues, and alternatives:
A. Unresolved Issues
At this time there are no unresolved issues.
[ B. 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 hereby recommends the approval of Petition 59-05. On
a motion to recommend approval, subject to the following conditions, the vote was six (6)yes and
one (1) no:
1. Substantial conformance to the Preliminary Site Plan for WalMart Store and Sam's Club Store,
prepared by Atwell-Hicks,LLC,and dated July 15,2005 with revisions as required by the Com-
munity Development Group, Engineering Division, Public Works Department, and Water De-
partment, including revisions addressing:
a. Preliminary engineering
b. Landscaping/screening
c. Pedestrian/bicycle access and circulation
d. Bicycle parking
e. Site lighting
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' Findings of Fact Planning and Development Commission
Petition 59-05 October 3, 2005
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2. Substantial conformance to the Building and Sign Elevation Drawings for WalMart Store and
Sam's Club Store,prepared by PB Architecture and Engineering,and dated August 2,2005,with
revisions as required by the Community Development Group, including revisions addressing:
a. Building elevations and building materials
b. Screening rooftop elements and fixtures
c. Fencing
d. Signage
e. Building lighting (exterior and garden center)
3. Substantial conformance to the Final Plat for Sams Elgin Subdivision,prepared by Atwell-Hicks,
LLC, and dated July 29, 2005, with revisions as required by the Community Development
Group, Legal Department, Engineering Division, and Water Department.
4. Revisions to the annexation agreement,as required by the Corporation Counsel,Community De-
velopment Group,Parks and Recreation Department, Engineering Division,Public Works De-
partment, and Water Department.
5. Conformance with all applicable codes and ordinances.
Therefore, the motion to recommend approval of Petition 59-05 was adopted.
Respectfully Submitted,
s/John Hurlbut
John Hurlbut, Chairman
Planning and Development Commission
s/Tom Armstrong
Tom Armstrong, Secretary
Planning and Development Commission
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