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G101-07 • Ordinance No. G101-07 AN ORDINANCE AMENDING A PAB PLANNED AREA BUSINESS DISTRICT FOR CERTAIN TERRITORY (JC Penney Store in 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 classified in the PAB Planned Area Business District(Ordinance No. G114-06); and WHEREAS, written application has been made to permit the construction of a JC Penney store in the PAB Planned Area Business District and in the ARC Arterial Road Corridor Overlay District; and WHEREAS, the development of certain property in the Elgin Wal-Mart/Sam's Club Subdivision was approved with the passage of Ordinance No. G114-06; and WHEREAS,Ordinance No.G114-06 requires that prior to any other or further development in the Elgin Wal-Mart/Sam's Club Subdivision,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 rh approval pursuant to the provisions of Chapter 19.60,Planned Developments,of the Elgin Municipal Code, 1976, as amended; 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 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 November 5,2007,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 a development plan in the PAB Planned Area Business District,which will permit the construction of a JC Penney store at 1000 South Randall Road, and legally described as follows: 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: Beginning at the Northwest corner of the Southwest Quarter of said Section 28; thence North 88 degrees 47 minutes 08 seconds East on the North line of the Southwest Quarter of said Section 28, a distance of 1325.10 feet to the East line of the West Half of the Southwest Quarter of said Section 28;thence South 0 degrees 55 minutes 34 seconds East on said East line,a distance of 2631.19 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 1318.40 feet to the West line of the Southwest Quarter of said Section 28; thence North 1 degree 04 minutes 22 seconds West on the West line of the Southwest Quarter of said Section 28, a distance of 2638.19 feet to the Point of Beginning. Be and is hereby granted subject to the following conditions: 1. Substantial conformance with the building and building sign elevation drawings for a JC Penney Box "B" store, prepared by JC Penney Company, Inc., dated May 15, 2007; and the color elevation renderings, no date. 2. Substantial conformance with the JC Penney Preliminary Engineering Plan,prepared by Atwell-Hicks,dated August 28,2007,with provisions for a second point of access and cross-access easements for the benefit of the neighboring property to the south. ePb. 3. Allowance for one maximum twenty foot tall and two hundred square foot ground sign along Randall Road. 4. Compliance with all applicable codes and ordinances. Section 3. That except as amended herein,the use and development of the Subject Property shall be controlled pursuant to the provisions of Ordinance No. G114-06. Section 4. That the development plan granted herein shall expire if not established within two years from the date of passage of this ordinance. Section 5. That this ordinance shall be full force and effect immediately after its passage in the manner provided by law. Ed Schock, Mayor Presented: December 19, 2007 Passed: December 19, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: December 20, 2007 Published: Attest: Diane Robertson, City r r November 5, 2007 E FINDINGS OF FACT Planning and Development Commission City of Elgin,Illinois SUBJECT Consideration of Petition 70-07 Requesting Approval of a Commercial Planned Development Pursuant to PAB Planned Area Business District Ordinance No. G114-06,and the Requirements of the ARC Arterial Road Corridor Overlay District;Property Located at 1000 South Randall Road,by Endeavor Real Estate Group and the City of Elgin, as Applicants, and Wal-Mart Stores, Inc., a Delaware Corporation,("Wal-Mart"),Sam's Real Estate Business Trust,a Delaware Statutory Trust ("SREBT"), and Sam's West, Inc., an Arkansas Corporation, as Owners. GENERAL INFORMATION Requested Action: Planned Development Approval Current Zoning: PAB Planned Area Business District ARC Arterial Road Corridor Overlay District Proposed Zoning: PAB Planned Area Business District ARC Arterial Road Corridor Overlay District Existing Use: Vacant and Undeveloped Proposed Use: Retail Store Property Location: 1000 South Randall Road Applicants: Endeavor Real Estate Group and the City of Elgin Owners: Wal-Mart Stores, Inc., a Delaware Corporation, ("Wal-Mart") Sam's Real Estate Business Trust, a Delaware Statutory Trust ("SREBT"), and Sam's West, Inc., an Arkansas Corporation Staff Coordinator: Tom Armstrong, Principal Planner LIST OF EXHIBITS A. Location Map (see attached) B. Zoning Map (see attached) EXHIBIT A - 4 - C. Parcel Map (see attached) D. Aerial Photo (see attached) E. Environmental Map (see attached) F. Site Photos (see attached) G. Development Plans (see enclosed) H. Draft PAB Ordinance (see enclosed) I. Related Communications (see enclosed) BACKGROUND An application has been filed by Endeavor Real Estate Group and the City of Elgin, requesting approval of the commercial planned development pursuant to PAB Planned Area Business District Ordinance No. G114-06, and the requirements of the ARC Arterial Road Corridor Overlay District. The subject property is located at 1000 South Randall Road (reference Exhibits A through F). The subject property is Lot 1 in the Elgin Wal-Mart/Sam's Club Subdivision, located at the southwest corner of Bowes Road and Randall Road. The applicant proposes to develop the subject property with a 104,745 square foot JC Penney store. In addition to the proposed JC Penney store, the subdivision will feature a Super Wal-Mart on Lot 6, a Sam's Club on Lot 5, and other retail and commercial service outlets (reference Exhibits G, H and I). FINDINGS After due notice, as required by law, the Planning and Development Commission held a public hearing in consideration of Petition 70-07 on November 5, 2007. The applicant testified at the public hearing and presented documentary evidence in support of the application.No objectors were present. The Community Development Group submitted a Map Amendment Review,dated October 31, 2007. The Planning and Development Commission has made the following findings concerning the standards for map amendments: A. A. Site Characteristics Standard. The suitability of the subject property for the intended planned development 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 planned development with - 5 - respect to the site characteristics standard. The subject property is an irregularly shaped parcel containing approximately 8.84 acres of land. The property has rolling topography. An unnamed tributary to Otter Creek flows along the northerly property line. There are no significant natural features on the subject property. The property is currently vacant and undeveloped. B. B. Sewer and Water Standard. The suitability of the subject property for the intended planned development 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 planned development with respect to the sewer and water standard. The subject property will be served with municipal sanitary sewer and water systems. Stormwater control facilities have been designed to serve the larger subdivision in accordance with the City of Elgin and Kane County Stormwater Management Ordinances. C. C. Traffic and Parking Standard. The suitability of the subject property for the intended planned development with respect to the provision of safe and efficient on-site and off-site vehicular circulation designed to minimize traffic congestion. D. Findings. The subject property is suitable for the intended planned development with respect to the traffic and parking standard. The subject property has frontage along Randall Road,but no direct access to Randall. The property will have indirect access to Randall Road and to Bowes Road via cross-access easements through the larger commercial subdivision. Eventually, the property will also benefit from access to Hopps Road via cross-access easements through planned commercial development areas located to the south. The access to Bowes, Hopps and Randall Roads, and the required improvements to those roads,is provided in an intergovernmental agreement between the City of Elgin and Kane County. A total of 418 parking spaces are required in support of the proposed 104,745 square foot retail store(4 parking spaces/1,000 square feet). The development plan features 484 parking spaces. D. Zoning History Standard. The suitability of the subject property for the intended 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 intended planned development with respect to the length of time the property has remained undeveloped or unused in its current zoning district. - 6 - The subdivision in which the subject property is located was annexed and zoned PAB Planned Area Business District in 2006. The proposed development of the subject property is consistent with the commercial planned development objectives for the property,approved by the City in 2006. E. Surrounding Land Use and Zoning Standard. The suitability of the subject property for the intended planned development with respect to consistency and compatibility with surrounding land use and zoning. Findings. The subject property is suitable for the intended planned development with respect to consistency and compatibility with surrounding land use and zoning. The immediate surrounding properties located to the north and west of the subject property (Lot 1) are zoned PAB Planned Area Business District. Lot 8, which borders the subject property along its north and west property lines will be developed with stormwater management facilities, and will allow for the protection of the unnamed stream which is tributary to Otter Creek. The lots in the commercial subdivision located to the north of Lot 8 will develop with commercial uses (including Wal-Mart and Sam's Club) and related parking. The area located to the west of the commercial subdivision is zoned PMFR Planned Multiple Family Residence District and PCF Planned Community Facility District. The PMFR District is being developed with townhomes in The Reserve Subdivision. The PCF District contains floodplain and wetland areas associated with the Otter Creek watershed and stormwater management facilities serving The Reserve Subdivision. The area located to the east of the subject property, across Randall Road, is zoned PMFR Planned Multiple Family Residence District. The PMFR District is improved with townhomes in the Willowbay Subdivision. The area located to the south of the subject property is in unincorporated Kane County. The area is in agricultural use and is designated for commercial development when annexed to the City of Elgin. F. Trend of Development Standard. The suitability of the subject property for the intended planned development 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 planned development with respect to consistency with an existing pattern of development or an identifiable trend within the area. The subject property is located in the Randall Road corridor, in an area developing with commercial uses. - 7 - G. Planned Development Districts Standard. The suitability of the subject property for the intended planned development with respect to conformance to the provisions for the purpose and intent, and the location and size of a zoning district. The applicant is requesting approval of a planned commercial development in an existing PAB Planned Area Business District, which is also located within an ARC Arterial Road Corridor District. The purpose and intent of the provision of 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; and 3. The preservation of significant natural features including topography,watercourses, wetlands, and vegetation. The proposed 104,745 square foot retail building is part of a larger planned commercial subdivision. Planned development review and approval of the proposed project is required pursuant to PAB Planned Area Business District Ordinance No. G114-06, and the requirements of the ARC Arterial Road Corridor Overlay District. r Findings.The subject property is suitable for the intended planned development with respect to conformance to the provision for the purpose and intent, and the location and size of a PAB Planned Area Business District. H. Comprehensive Plan Standard. The suitability of the subject property for the intended planned development with respect to conformance to the goals,objectives,and policies of the official comprehensive plan. Findings. The subject property is suitable for the intended planned development with respect to the Comprehensive Plan Standard. The subject property is designated as "Highway Commercial" in the City's adopted comprehensive plan. This designation includes commercial areas serving the surrounding neighborhood areas and larger trade areas connected via the arterial road network. The exterior cladding on the building will be comprised primarily of tip-up concrete panel construction. 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. - 8 - rFindings. The subject property is suitable for the intended planned development with respect to the Natural Preservation Standard. There are no significant natural features within the boundaries of the subject property. The unnamed stream tributary to Otter Creek is located within an adjoining lot, and will be protected as a part of the stormwater management system designed to serve the larger subdivision. E. Internal Land Use. 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 and Subdivision regulations. The applicant is requesting the following departures from the standard requirements of the zoning ordinance: 1. EMC 19.50.070 D(5) Shopping Centers: The Elgin Wal-Mart/Sam's Club Subdivision qualifies for two shopping center signs — a maximum 20 feet in height and 200 square feet in surface area. The two shopping center signs have been allocated—one along Randall Road and one along Bowes Road. The applicant is requesting a third shopping center sign in front of the proposed JC Penney store, along Randall Road. 2. EMC 19.50.080 E(1&2) Wall Graphics-Maximum Surface Area: The wall graphics on the north and south elevations of the building cannot exceed a maximum 80 square feet in surface area under the standard requirements of the street graphics ordinance. The applicant is proposing these wall graphics at 210 square feet (6'x35') in surface area. SUMMARY OF FINDINGS, UNRESOLVED ISSUES, AND ALTERNATIVES The Planning and Development Commission has developed or identified the following findings, unresolved issues, and alternatives: - 9 - • A. Summary of Findings. Positive Attributes:The subject property is proposed to be developed with a large retail store, as part of a larger planned commercial development. The proposed project is consistent with "highway commercial" land use designation in the comprehensive plan, and is consistent with the commercial planned development objectives for the property,approved by the City in 2006. 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 approval of Petition 70-07. On a motion to recommend approval, subject to the following conditions, the vote was six (6) yes, and zero (0) no. 5. Substantial conformance with the building elevation drawings for a JC Penney Box "B"store,prepared by JC Penney Company,Inc.,dated May 15,2007; and the color elevation renderings, no date, subject to revisions of the Community Development Group. 6. Substantial conformance to the JC Penney Preliminary Engineering Plans,prepared by Atwell-Hicks,dated August 31,2007,comprising of the following drawings,with revisions per the Community Development Group, Engineering Division, Fire Department, and Water Department: SP-01 Cover Sheet SP-03 Topographical Plan SP-04 Layout Plan (revisions to include a second ingress/egress point along the south property line to increase opportunities for vehicular and pedestrian movement between the adjoining properties) SP-05 Grading Plan SP-06 Storm Plan SP-07 Utility Plan SP-08 Landscape Plan SP-09 Site Lighting Plan 7. Compliance with all applicable codes and ordinances. - 10 - Therefore, the motion to recommend approval of Petition 70-07 was adopted. Respectfully submitted: s/ John Hurlbut John Hurlbut, Chairman Planning and Development Commission s/ Tom Armstrong Tom Armstrong, Secretary Planning and Development Commission r - 11 -