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G68-07 Ordinance No. G68-07 AN ORDINANCE CLASSIFYING PREVIOUSLY ANNEXED TERRITORY IN THE PORI-PLANNED OFFICE RESEARCH INDUSTRIAL DISTRICT (Randall Rose Auto Mall Subdivision) WHEREAS,the real property herein described(the"Subject Property")has previously been annexed to the City of Elgin,Illinois(the "City") and classified in the City's ORI-Office,Research, Industrial District; and WHEREAS,the Subject Property is the subject of a certain Development Agreement dated December 5, 2007 (the "Development Agreement") between Randall 90, LLC, an Illinois limited liability company (the "Owner") and the City; and WHEREAS,written application has been made to reclassify the Subject Property in a PORI- Planned Office Research Industrial District as created in this Ordinance; 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 and has reviewed the findings and recommendations of the Community Development Group. 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 of the Community Development Group, 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 PORI- Planned Office Research Industrial District, the following described property (the "Subject Property"): r re- THAT PART OF THE SOUTH HALF OF SECTION 30,TOWNSHIP 42 NORTH,RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 30; THENCE NORTH 88°43'36" EAST ALONG THE NORTH LINE OF THE SOUTH HALF OF SAID SECTION 30, A DISTANCE OF 2,116.34 FEET TO AN INTERSECTION WITH A LINE DRAWN NORTHEASTERLY,PERPENDICULAR TO THE NORTHEASTERLY LINE OF STATE TOLL HIGHWAY COMMISSION PARCEL NUMBER N-4D-56, FROM A POINT 1,576.63 FEET, MEASURED ALONG SAID NORTHEASTERLY LINE AND THE NORTHEASTERLY LINE OF STATE TOLL HIGHWAY COMMISSION PARCEL NUMBER N-4D-55, SOUTHEAST OF THE WEST LINE OF SAID EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 30,SAID INTERSECTION BEING THE POINT OF BEGINNING; THENCE CONTINUING NORTH 88°43'36" EAST ALONG THE NORTH LINE OF THE SOUTH HALF OF SAID SECTION 30,A DISTANCE OF 805.40 FEET TO A LINE 1,050.00 FEET, MEASURED AT RIGHT ANGLES, WEST OF AND PARALLEL WITH THE EAST LINE OF SAID SECTION 30;THENCE SOUTH 00°25'35" EAST ALONG SAID PARALLEL LINE, 700.08 FEET TO A LINE 700.00 FEET, MEASURED AT RIGHT ANGLES, SOUTH OF AND PARALLEL WITH THE NORTH LINE OF THE SOUTH HALF OF SAID SECTION 30;THENCE NORTH 88°43'36"EAST ALONG SAID PARALLEL LINE, 963.87 FEET TO THE WEST LINE OF LAND DEEDED TO THE COUNTY OF KANE BY DOCUMENT 96K070347;THENCE SOUTH "k 00°16'28" WEST ALONG SAID WEST LINE, 600.00 FEET TO THE SOUTH LINE OF SAID LAND DEEDED TO THE COUNTY OF KANE;THENCE NORTH 88°43'36"EAST ALONG SAID SOUTH LINE, 15.01 FEET TO THE WEST LINE OF ILLINOIS STATE TOLL HIGHWAY AUTHORITY PARCEL NO.N-4D-56.2;THENCE SOUTH 00°16'28" WEST ALONG SAID WEST LINE, 557.98 FEET TO THE NORTHEAST CORNER OF ILLINOIS STATE TOLL HIGHWAY AUTHORITY PARCEL NO.N-4D-56.12;THENCE SOUTH 00°16'15"WEST ALONG THE EAST LINE OF SAID PARCEL NO.N-4D-56.12, A DISTANCE OF 33.00 FEET; THENCE CONTINUING ALONG THE EAST LINE OF SAID PARCEL NO. N-4D-56.12, SOUTH 02°45'03" WEST, 249.66 FEET; THENCE CONTINUING ALONG THE WEST LINE OF LAND TAKEN BY ILLINOIS STATE TOLL HIGHWAY AUTHORITY, SOUTH 08°29'28" WEST, 295.11 FEET; THENCE NORTH 74°05'37"WEST ALONG THE NORTHERLY LINE OF ILLINOIS STATE TOLL HIGHWAY AUTHORITY TAKING 96EDKA0012, A DISTANCE OF 725.45 FEET; THENCE SOUTH 29°19'07" WEST ALONG THE WESTERLY LINE OF ILLINOIS STATE TOLL HIGHWAY AUTHORITY TAKING 96EDKA0012, A DISTANCE OF 46.83 FEET; THENCE NORTH 63°51'40" WEST ALONG THE NORTHEASTERLY LINE OF THE ILLINOIS STATE TOLL HIGHWAY, 876.35 FEET; THENCE NORTH 60°40'53" WEST ALONG THE NORTHEASTERLY LINE OF THE STATE TOLL HIGHWAY COMMISSION PARCEL NO.N-4D-56,A DISTANCE OF 1097.40 FEET TO A POINT 1,576.63 FEET, MEASURED ALONG SAID NORTHEASTERLY LINE AND THE NORTHEASTERLY LINE OF STATE TOLL HIGHWAY COMMISSION PARCEL r NUMBER N-4D-55,SOUTHEAST OF THE WEST LINE OF SAID EAST HALF OF THE C SOUTHWEST QUARTER OF SECTION 30;THENCE NORTH 29°19'07"EAST ALONG 2 • ribk A LINE DRAWN NORTHEASTERLY,PERPENDICULAR TO THE NORTHEASTERLY LINE OF STATE TOLL HIGHWAY COMMISSION PARCEL NUMBER N-4D-55 A DISTANCE OF 1,503.82 FEET TO THE POINT OF BEGINNING,ALL IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. (Property commonly known as N-W corner of Randall Rd. and I-90 Toll Way,Elgin, Kane County, Illinois). Section 3. That the City Council of the City of Elgin hereby classifies the subject property in the PORI Planned Office Research Industrial District in accordance with the following provisions: A. Purpose and Intent.The purpose of the PORI Office Research Industrial District is to provide a planned industrial environment that fosters a sense of place and destination within a coordinated campus or park setting, subject to the provisions of Chapter 19.60,Planned Developments(except Section 19.60.090 shall not apply). A PORI zoning district is most similar to,but departs from the standard requirements of the ORI zoning district. B. Supplementary Regulations.Any word or phrase contained herein,followed by the symbol "(SR)", shall be subject to the definitions and the additional interpretive requirements provided in Chapter 19.90, Supplementary Regulations, of the Elgin Municipal Code, as amended. The exclusion of such symbol shall not exempt such word or phrase from the applicable supplementary regulation. C. General Provisions. In this PORI 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, as amended, except as may be otherwise provided in this section. D. Zoning Districts-Generally.In this PORI 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, as amended, except as may be otherwise provided in this section. E. Land Use. In this PORI 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, as amended, except as may be otherwise provided in this section. 1. New Vehicle Sales Uses: a. Prior to the time, if ever, as the Owner may elect to make use of the Subject Property for any one or more of the ORI Land Uses(as defined in paragraph 2 of this Section E)the Subject Property may be used for,and at all times (if ever) after the date that the Owner shall have received from the City either (i) any incentive payments to Honda, (ii) the Development 3 • Assistance-Part A or Part B, (as defined in the Development Agreement for the Subject Property between the City of Elgin and Randall 90,L.L.C.,dated December 5,2007,the"Development Agreement"),or(iii)any Tax Rebates (as defined in the Development Agreement), or after the Auto Mall Development Contingency is fulfilled (as defined in the Development Agreement), the Subject Property shall be used exclusively for New Motor Vehicle Dealers (5511). New Motor Vehicle Dealers (5511) is further defined as the indoor and outdoor retail principal use of the sale of new automobiles and uses customarily accessory to such new automobile retail sales, including without limitation: the sale of used automobiles;the sale of automobile parts and tires; the performance of automobile service, repairs and maintenance; the operation of a car wash for dealership and customer vehicles; In-house financial services pertaining to automobile sales; Food sales/service/cafes for use by employees and customers; beauty shops and barber shops for use by employees and customers; above-ground gasoline storage tanks not exceeding one storage tank up to 2,500 gallons per dealership for the fueling of dealership and customer automobiles installed, constructed, maintained and utilized pursuant to all applicable laws (excluding any City of Elgin code that otherwise purports to prohibit such above-ground tanks). As used in this paragraph E.1.a., the term "automobile" shall be defined to include passenger vehicles,sport utility vehicles,vans and pickups. As used in this paragraph E.1.a,the term"sale"shall be broadly defined to include all types of transactions with customers, including, without limitation, leasing and trade transactions. (The New Motor Vehicle Dealers (5511) use of the Subject Property as defined above including the principal use of new automobile sales and the accessory uses described in the preceding portion of this paragraph E.l.a shall hereinafter be called "New Vehicle Sales".) b. In connection with a building in which New Vehicle Sales occur on any lot, accessory structures on that same lot for such accessory uses as parking structures,car wash facilities,and for other accessory uses shall be permitted. c. In connection with any New Vehicle Sales on the Subject Property, the Subject Property shall be subdivided in substantial conformance with the Auto Mall Plat more fully described in Section F-1 below. However, portions of lots may be conveyed between adjoining lot owners under the provisions of the Illinois Plat Act without the necessity of having a resubdivision of plat approved by the City as long as each lot remains a buildable lot for the purpose of New Vehicle Sales and no lot is reduced by any such conveyance to a size of less than 4.5 acres. 4 • 2. Other Uses. a. Prior to (but not after) such time (if ever) as the Owner shall have received from the City Development Assistance-Part A, or Development Assistance-Part B, or any of the incentives in connection with the proposed the Honda Dealership(as defined in the Development Agreement) in connection with the use of the Subject Property for New Vehicle Sales, the Owner shall have the right to implement upon the Subject Property within this PORI District the "ORI Land Uses", as identified in this section, below, as"permitted uses" (SR) or as "conditional uses" (SR), subject, however, to the succeeding provisions of this ordinance. (i) The only land uses allowed as a permitted use in this PORI zoning district shall be the enumerated land uses listed in Section 19.40.130A of the Elgin Municipal Code, 1976,as amended,the provisions of which are incorporated herein by reference. (ii) Conditional Uses. The only land uses allowed as a conditional use in this PORI zoning district shall be the enumerated land uses listed in Section 19.40.130B of the Elgin Municipal Code, 1976, as amended, the provisions of which are incorporated herein by reference. F. Site Design. In this PORI zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.12, Site Design, of the Elgin Municipal Code, as amended, except as may be otherwise provided in this section. In this PORI zoning district, the site design regulations shall be as follows: 1. General Conditions. a. Provided the Owner proceeds to develop and use the Subject Property for New Vehicle Sales as permitted in section E-1 above, then the following general conditions will apply to the development of land and structures within this PORI zoning district: (i). Substantial conformance to the preliminary plat of subdivision and associated preliminary engineering for Randall Rose Subdivision prepared by Cowhey, Gudmundson,Leder Ltd.,dated June 4,2007,and last revised October 31, 2007 (collectively the "Preliminary Plat"). Without limiting the generality of the foregoing,the driveway access points and widths from each lot to the adjacent subdivision streets are hereby expressly approved. 5 (ii). Substantial conformance to the Special Signage District for Randa11/90 Auto Mall prepared by Heitman Architects last revised on October 16, 2007 (the "Signage Plan"), a copy of which is attached hereto as Exhibit B, and subject to the provisions of the ordinances designating the Subject Property as an area of special character pursuant to Chapter 19.50,of the Elgin Municipal Code,as amended, and the ordinance adopting a program for graphics for the Subject Property. b. If the Owner proposes to develop and use the Subject Property for the Other Uses as listed in section E-2 above,the site design regulations for this PORI Zoning District shall be the regulations otherwise applicable to the ORI Office Research Industrial District as provided in the Elgin Municipal Code, 1976, as amended. In such event, Owner shall,if requested by the City's Zoning Administrator,submit to the City an application for the approval of a plat of resubdivision of the Subject Property in accordance with all applicable legal requirements (with such procedure being called a "Resubdivison Process", it being understood, however, such Resubdivison Process (if required)shall not require an amendment to this PORI Ordinance. 2. Special Design Standards Applicable to New Vehicle Sales. If the Subject Property is developed and used for New Vehicle Sales, then the following design standards shall prevail over any ordinance to the contrary: a. Zoning Lots. In this PORI zoning district, "zoning lots" shall be subject to the provisions of Section 19.12.300, zoning Lots - Clarifications and Exceptions, of the Elgin Municipal Code, as amended. b. Lot Area. In this PORI zoning district, there shall be no minimum required "zoning lot area". c. Lot Width.In this PORI zoning district,there shall be no minimum required lot width for a zoning lot. d. Intentionally Omitted. e. Setbacks by Lot Line. In this PORI zoning district, the minimum required "building" setbacks" and "vehicle use area setbacks" from a"lot line" for a zoning lot used in connection with New Vehicle Sales shall be as follows: 1. Building Setbacks. In this PORI zoning district, the minimum required"building setbacks" for a zoning lot shall be as follows: 6 . . (1) Street Setback. The minimum required building setback from the Randall Road "street lot line", from the Interstate 90 "street lot line" and from an interior subdivision road "street lot line" [SR] shall be as follows: A. From Randall Road 70 feet B. From Interstate 90 (following the conveyance of Outlot C to the City of Elgin for the proposed expansion of the Interstate 90 right-of-way) 30 feet C. From an interior subdivision street 30 feet (2) Interior Setback. The minimum required building setback from an "interior lot line" [SR] shall be 20 linear feet. Because the right-of-way Auto Mall Drive narrows adjacent to all or portions of lots 5, 8 and 9, the building setback on said lots 5, 8 and 9 from Auto Mall Drive shall be measured as though there had been no such narrowing of said right-of- way. 2. Vehicle Use Area Setbacks by Lot Line. In this PORI zoning district, the minimum required "vehicle use area setbacks" for a zoning lot shall be as follows: (1) Street Setback. The minimum required vehicle use area setback from Randall Road shall be 40 linear feet; but with the right of each dealership whose lot abuts Randall Road to establish up to three (3) concrete, masonry or bituminous "auto display pads"with a diameter not to exceed 22 feet each within such Randall Road vehicle use setback. (2) The minimum required vehicle use area setback from Interstate 90 shall be 6 linear feet,. (3) The minimum required vehicle use area setback from an internal subdivision road shall be 10 linear feet but with the right of each dealership whose lot abuts an internal subdivision road to establish up to three (3) concrete or bituminous"auto display pads"to within 5 feet of the lot line. Because the right-of-way Auto Mall Drive narrows adjacent to all or portions of lots 5, 8 and 9, the vehicle use area setback on said lots 5, 8 and 9 from Auto Mall Drive shall be measured as though there had been no such narrowing of said right-of-way. 7 (4) The minimum required vehicle use area setback from an interior lot line shall be 6 linear feet. (s) The minimum required vehicle use area setback from any detention lot shall be 6 linear feet. f. Accessory Structures and Buildings. In this PORI zoning district, "accessory structures and buildings" shall be subject to the provisions of Section 19.12.500, Accessory Structures and Buildings. g. Yards-Generally.In this PORI zoning district while the Subject Property is used in connection with New Vehicle Sales, a "street yard" [SR], a "side yard" [SR], and a"rear yard" [SR] shall be coextensive with the vehicle use setback yards, and there shall be no required "transition yard" [SR], h. Landscape Yards. In this PORI zoning district, landscape yards shall be as follows: 1. Landscaping - Generally. All "yards" [SR] shall be landscaped with grass, shrubs, or other suitable pervious groundcover. Additionally: (a) Foundation Yards. A minimum 5 linear foot wide landscaped area shall be provided along the front of a building. These planting areas need not be uniform in shape so long as the required amount of space is landscaped. Sidewalks shall be located outside of required foundation yard areas, with the exception of direct building access or courtyard use. (b) Parking and Drives. With the exception of entrance drives and motor vehicle overhangs, no parking or drive shall be located within any required landscaped area. (c) Irrigation.Irrigation requirements for landscape yards shall be as follows: only street yards shall be fully irrigated. 2. Parking Lot Landscaping. A curbed island, planted with landscaping materials shall be required for every 20 parking spaces in customer parking areas but not in vehicle storage areas. The island must measure at least 4-1/2 feet by 18 feet. 3. Storage Lot Landscaping. No curbed islands or internal 8 landscaping shall be required in Vehicle Storage Areas. 4. Street Trees. Street trees shall be planted at the rate of one for every eighty(80)feet of street frontage with an additional forty(40)trees to be planted in the outlot for the southwest detention area. The required number of trees (determined in accordance with the preceding sentence) may be planted in clusters or spaced so as to avoid or minimize the blocking of sight lines to retail auto display areas, subject to the approval by the Development Administrator (which approval shall not be unreasonably withheld, conditioned or delayed. 5. Vehicle Use Area Trees. Vehicle use area trees shall be planted at the rate of one for every 100 feet of interior lot lines. Bushes shall be planted in vehicle use areas at the rate of the product of lineal feet of the parameter of a vehicle use area times .07, it being acknowledged that between the perimeters of vehicle use areas on adjacent lots,such calculation of bushes shall be made so as not to duplicate the calculation for the same any common perimeter length. The required number of trees and / or bushes (determined in accordance with the preceding sentence) may be planted in clusters or spaced so as to avoid or minimize the blocking of sight lines to retail auto display riuk areas, subject to the approval by the Development Administrator (which approval shall not be unreasonably withheld, conditioned or delayed. Floor Area: Building Height. In this PORI District, the maximum "floor area" for a zoning lot shall not exceed 100% of the zoning lot area. There shall be no maximum building height. "Floor area" shall not include the "floor area" of parking structures. j. Building Coverage.In this PORI District,the maximum"building coverage" [SR] for a zoning lot shall not exceed 70%of the zoning lot area,except if a multistory parking structure exists on a zoning lot,the"Building Coverage" may exceed 70%of the zoning lot area but may not exceed 85%of the zoning lot area. k. Off Street Parking. In this PORI zoning district,off street parking shall be subject to the provisions of Chapter 19.45, Off-street Parking, of the Elgin Municipal Code, 1976, as amended, and the following: 1. Required Number of Parking Stalls. The required number parking stalls shall be subject to provisions of Chapter 19.45, Off Street Parking, of the Elgin Municipal Code, except as follows: 9 For New Vehicle Sales facilities, three (3) parking stalls for each 1,000 square feet of showroom space defined as interior auto display areas excluding administrative and sales office areas. 2. Auto Inventory Storage Areas. In Vehicle Storage Areas paved parking surfaces need not be striped or marked and there shall be no required size for inventory parking stalls or aisles. Vehicle Storage Areas may be used for employee parking and for storage of vehicles awaiting service or awaiting customer pickup. 3. Striping and Markings. All required parking lot striping and other markings shall be white. 4. Landscape Islands. Landscaped islands shall be 4%2 linear feet wide and provided every 20 parking spaces in retail parking areas for retail purchase customers (but not in Vehicle Storage Areas). 1. Fencing of Vehicle Storage Areas. Vehicle Storage Areas shall be fenced with ornamental and not chain link fencing except that interior lot lines thereof not located in a street yard and not visible from Randall Road or an interior subdivision street may also be fenced with black vinyl covered chain link up to six feet in height. m. Parking Lot and Storage Area Lighting. There shall be no limitation on the intensity or"spill"with respect to any lighting on any lot installed to light parking or vehicle inventory storage areas; provided that such lighting shall not be such as to pose a traffic safety risk on adjacent public roads. 3. Site Design Standards Applicable to Uses Other Than New Vehicle Sales.If the Subject Property is proposed to be developed and used for uses other than New Vehicle Sales, then the design standards for the Subject Property shall be the regulations otherwise applicable to the ORI Office Research Industrial Zoning District set forth in the Elgin Municipal Code, 1976,as amended, the provisions of which are incorporated herein by reference. G. Off Street Loading. In this PORI zoning district, off street loading shall be subject to the provisions of Chapter 19.47,Off Street Loading,of the Elgin Municipal Code, as may be amended. Notwithstanding the foregoing,temporary on street off loading of automobile trailers shall be permitted not to exceed two (2) hours and only on Auto Circle Drive. H. Signs. a. In this PORI zoning district, signs shall be subject to the provisions of / Chapter 19.50, Signs,of the Elgin Municipal Code,as may be amended,and as follows: 10 b. Notwithstanding the foregoing,if the Subject Property is developed and used for New Vehicle Sales, then Signage for the New Vehicle Sales auto mall development of the Subject Property shall be in substantial conformance to the Randall/90 Auto Mall Signage prepared by Heitman Architects, last revised on October 16, 2007 ("the Signage Plan"), a copy of which is attached hereto as Exhibit B, and in conformance with the provisions of the ordinance designating the Subject Property as an area of special character pursuant to Chapter 19.50 of the Elgin Municipal Code, 1976, as amended, and the ordinance adopting a program for graphics for the Subject Property. Additionally,New Vehicle Sales Dealers may install up to two(2)temporary signs on the Subject Property of a size not to exceed 80 square feet and a height not to exceed 20 feet announcing the future opening of a Dealership on the Subject Property at such time as the Owner may consent to such action and after such Dealership commences construction of its Dealership on the Subject Property and until the City issues an occupancy permit for such Dealership. Nonconforming Uses and Structures.In this PORI zoning district,nonconforming uses and structures shall be subject to the provisions of Chapter 19.52, Nonconforming Uses and Structures, of the Elgin Municipal Code, as may be amended. r J. Planned Developments.This PORI zoning district shall be subject to the provisions of Chapter 19.60, Planned Developments, of the Elgin Municipal Code, as may be amended. A conditional use for a planned development may be requested by an individual property owner for a zoning lot without requiring an amendment to this PORI zoning district and without necessitating that all other property owners authorize such an application. K. Conditional Uses. In this PORI zoning district, conditional uses shall be subject to the provisions of Chapter 19.65 Conditional Uses, of the Elgin Municipal Code, as may be amended. A conditional use may be requested by an individual property owner for a zoning lot without requiring an amendment to this PORI zoning district and without necessitating that all other property owners authorize such an application. L. Variations. Any of the requirements of this ordinance may be varied, subject to the provisions of Section 19.70, Variations, of the Elgin Municipal Code, as may be amended.A variation may be requested by an individual property owner for a zoning lot without requiring an amendment to this PORI zoning district and without necessitating that all other property owners authorize such an application. M. Appeals. Any requirement, determination, or interpretation associated with the administration and enforcement of the provision of this ordinance may be appealed 11 r' subject to the provisions of Chapter 19.75,Appeals,of the Elgin Municipal Code,as may be amended. N. Subdivisions-Generally.In this PORI zoning district,subdivisions shall be subject to the provisions of Title 18, Subdivisions, of the Elgin Municipal Code,as may be amended,except as may be specifically provided otherwise in this planned industrial district ordinance or in the preliminary plat approved by the corporate authorities as part of the annexation of the subject property. O. Building and Construction-Generally.In this PORI zoning district,building and construction shall be subject to the provisions of Title 16,Building and Construction, of the Elgin Municipal Code, as may be amended, except as may be specifically provided otherwise in this planned industrial district ordinance. 1. Design Guidelines. a. For any ORI Land Use, the Design Guidelines attached hereto as Exhibit C shall be applicable to the development of the Subject Property. No buildings (or structures ancillary thereto) proposed to be constructed on the Subject Property in substantial conformance with such Design Guidelines and other applicable requirements of law(as reasonably determined by the City's Zoning Administrator or by the corporate authorities)shall require any public hearing,whether under the City's ARC-Arterial Road Corridor Overlay provisions(as currently contained in section 19.15.500 of the City's Municipal Code) or otherwise. b. Any proposed building or other structure that (i) is intended to be used in connection with New Vehicle Sales and(ii)is proposed to be constructed in substantial conformance with the New Vehicle Sales Facility Design Guidelines set forth on Exhibit D attached hereto(as reasonably determined by the City's Zoning Administrator or by the corporate authorities) shall be permitted and shall not require any public hearing,whether under the City's ARC-Arterial Road Corridor Overlay provisions(as currently contained in Section 19.15.500 of the City's Municipal Code) or otherwise. 2. Overhead Sewers. All sanitary sewers shall be overhead sewers. 3. Sump Lines. All structures containing sump pits and pumps shall have separate lines connecting the sump pump to the storm sewer as required by the City Engineer and the Development Administrator. Section 4. If any express provision of this PORI Ordinance conflicts with any other City ordinance,the provisions of this PORI Ordinance shall be controlling. 12 • Section 5. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. E Schock, Mayor Presented: December 5, 2007 Passed: December 5, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: December 6, 2007 Published: Attest: Diane Robertson, CI Clerk r r 13 • EXHIBIT A FINDINGS OF FACT September 4, 2007 FINDINGS OF FACT Planning and Development CommissionCity of Elgin,Illinois SUBJECT Consideration of Petition 47-07 Requesting Approval of a Map Amendment from ORI Office Research Industrial District to PORI Planned Office Research Industrial District, and Preliminary Plat Approval, to Develop the Site as Motor Vehicle Dealership Park in the ARC Arterial Road Corridor Overlay District; by Randall 90, LLC, as Applicant and Owner. GENERAL INFORMATION elk Requested Action: Map Amendment Preliminary Plat Approval Current Zoning: ORI Office Research Industrial District ARC Arterial Road Corridor District Proposed Zoning: PORI Planned Office Research Industrial District ARC Arterial Road Corridor District Intended Use: Motor Vehicle Dealers Office/Retail/Commercial Center Property Location: 2000 North Randall Road Applicant and Owner: Randall 90, LLC Staff Coordinator: Sarosh Saher, Urban Design & Preservation Specialist LIST OF EXHIBITS /!► A. Location Map(see attached) 14 • B. A. Zoning Map(see attached) B. Parcel Map(see attached) C. D. Aerial Map(see attached) E. F. Environmental Map(see attached) G. H. Site Photos(see attached) I. J. Petitioner's Statement and Referenced Attachments(see attached) K. L. Related Correspondence(see attached) M. BACKGROUND An application has been filed by Randall 90, LLC,requesting approval of a map amendment from ORI Office Research Industrial District to PORI Planned Office Research Industrial District, and preliminary plat approval. The property is located at 2000 North Randall Road(reference Exhibits A through F). The subject property is currently vacant. The applicant is proposing to rezone and subdivide the 86.17 acre site to allow for its development as a motor vehicle dealership park in the ARC Arterial Road Corridor Overlay District. The development will comprise of 9 lots ranging in size from 5.01 to 8.91 acres (reference Exhibits G and H). In the event the property does not develop as a motor vehicle dealership park, the applicant has requested a provision in the proposed PORI ordinance to allow for the property to develop with a combination of uses consistent with the AB Area Business District in the easterly portion of the property, and the ORI Office Research Industrial District in the westerly portion of the property. FINDINGS After due notice, as required by law, the Planning and Development Commission held a public hearing in consideration of Petition 47-07 on August 6, 2007. The applicant testified at the public hearing and presented documentary evidence in support of the application. Objectors to the petition were present. The Community Development Group submitted a Map Amendment Review, dated August 1, 2007. The Planning and Development Commission has made the following findings concerning the standards for map amendments: N. A. Site Characteristics Standard. The suitability of the subject property for the 15 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 contains approximately 86.17 acres and is located at the northwest corner of the I-90/Randall Road interchange. The property has gently rolling topography. There is a grove of oak trees located central to the south side of the property. Several ponds have been constructed on the property for stormwater management purposes. 0. 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 applicant intends to connect to municipal sanitary sewer and water mains that are currently present at the subject property. Stormwater management will be provided on site in accordance with the Elgin and Kane County stormwater management ordinances. P. 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. Q. Findings. The subject property is suitable for the intended zoning district with respect to the traffic and parking standard. The subject property has frontage along the Northwest Tollway (1-90) and Randall Road. Interstate-90 operates as a toll road and is a part of the interstate highway system. Randall Road functions as a major arterial road serving communities in Kane and McHenry counties. There is no direct access from the subject property to I-90. Access to Randall Road would remain located at an existing intersection which aligns with the Saddle Club Parkway/Randall Road intersection in the neighboring Village of Sleepy Hollow. Future access to the property is also provided from the west and north via Galvin Drive and Vantage Drive. These are local streets which serve the companies,commercial services and retailers locating in the neighboring business parks and commercial area located to the north of the subject property. Parking will be provided in conformance with the Off-Street Parking Ordinance. 16 • 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 was zoned as follows for the years listed: 1927: Out of City Limits 1950: Out of City Limits 1960: Out of City Limits 1961: Out of City Limits 1962: Out of City Limits 1992: M-2 General Manufacturing District Present: ORI Office Research Industrial District ARC Arterial Road Corridor Overlay District The subject property was annexed into the City of Elgin on September 12, 1990, as part of the Heinkel Farm annexation and was zoned M-2 General Manufacturing District. The property was rezoned to ORI Office Research Industrial District in 1992 with the comprehensive amendment to the Elgin zoning ordinance and official zoning map. 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 located to the north of the subject property are developing with office, research, industrial,and commercial uses. The commercial development is oriented along the Randall Road corridor, with the office, research and industrial uses located in adjoining business parks. Zoning districts include a PAB Planned Area Business District (The Grove) and a PORI Planned Office Research Industrial District (Northwest Corporate Park). A 16 acre commercial parcel located at the northeast corner of the subject property is now located within the village limits of Sleepy Hollow. This property(Randy's Pumpkin Farm) is intended to be de-annexed from Sleepy Hollow and annexed to Elgin pursuant to the terms and conditions of a jurisdictional boundary agreement between the two communities. The areas located to the east of the subject property are developed with a residential subdivision in the Village of Sleepy Hollow, and commercial and office uses in Elgin. Zoning districts include single family zoning(Walnut Hill of Sleepy Hollow)and ORI Office Research Industrial District (Randall Point Executive Center). 17 • The areas located to the south of the subject property are located in unincorporated Kane County, and are in agricultural and residential use. Interstate-90 is located to the immediate south of the subject property. The areas to the west are developed with a residential subdivision in the Village of Gilberts. The area is zoned for and developed with single family homes (Wedgewood Acres Subdivision). The area located to the immediate west of the subject property is annexed to the City of Elgin and is currently vacant. 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 along I-90 and Randall Road, which are developing as business and commercial corridors. G. Planned Development Districts 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 applicant is proposing to rezone the property to PORI Planned Office Research Industrial District. The purpose of the ORI Office Research Industrial District is to provide an industrial environment that fosters a sense of place and destination within a coordinated campus or park setting through the applicable site design regulations. A PORI zoning district is most similar to, but departs from the standard requirements of the ORI zoning district. 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 not 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 PORI Planned Office Research Industrial District. 18 elk The Program for Graphics as proposed by the developer is not suitable with regards to the Planned Development District Standards.The development proposes the construction of two subdivision signs each up to 100 feet in height. Each sign will contain an electronic message graphic in addition to the logos of dealers within the subdivision.These signs are proposed to be located along I-90 and Randall Road respectively.Additionally,each dealership proposes the construction of two monument signs of 450 square feet in area and 30 feet in height for new car sales, and one monument sign of 200 square feet in area and 20 feet in height for used car sales. Wall signs are proposed to be located on at least three sides of each building. The maximum height allowed for a monument graphic in the PORI district is 10 feet. Additionally,electronic message board graphics are prohibited under the zoning ordinance. 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. Findings. The subject property is not suitable for the intended zoning district with respect to the Comprehensive Plan Standard. Portions of the subject property are designated as "Highway Commercial" and "Office/Research/Industrial"on the Land Use exhibit in the Elgin Comprehensive Plan and Design Guidelines. The development in suitable for the highway commercial land use designation which includes commercial areas serving surrounding residential areas and larger trade areas connected by the arterial street system. The development is not suitable for the office/research/industrial land use designation which provides for a wide range of business uses and limited commercial service uses to support the employment area. These activities typically locate in business parks. The design guidelines, which are a part of the Elgin Comprehensive Plan and Design Guidelines,recommend that signage for industrial areas should be in scale with the buildings and,wherever possible, should be located low to the ground,in the pedestrian or driver's line of vision, and reflect the viewing distance for pedestrians and drivers. The two subdivision signs proposed for the development do not meet these guidelines. 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. The subject property contains a woodland area and several constructed ponds. The applicant is proposing to incorporate portions of these natural and constructed features into the layout 19 and design of the project. R. 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. The motor vehicle dealership park will be designed in general conformance with the applicable zoning and subdivision standards, in particular, those standards specifically outlined in the draft PORI District Ordinance. The zoning and subdivision standards are intended to prevent undue 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 development is proposed to be zoned PORI District. The applicant is requesting certain departures from the normal standards,regulations, and requirements of the zoning ordinance. For the purposes of this section, the most similar zoning district is the ORI Office Research Industrial District. The applicant is requesting the following departures from the ORI Office Research Industrial District Ordinance: 1. Section 19.40.130 Land Use. The applicant is proposing to include within the list of permitted and conditional uses several land uses from the AB Area Business District which are not typically permitted in the ORI Office Research Industrial District. 2. Section 19.40.135.E.1.(a).2. Building Setbacks from Local Street. In the ORI District, the minimum Zoning District Street setback from a Local Street is 35 feet. The applicant is proposing a building setback of 30 feet from the streets within the subdivision. 3. Section 19.40.135.E.1.(b). Interior Setbacks. In the ORI District, the minimum Interior setback is 30 feet. The applicant is proposing an interior building setback of 20 feet from the interior lot line. 4. Section 19.40.135.E.2.a.Vehicle Use Area Street Setbacks In the ORI District,the minimum Vehicle Use Area Street Setback from a limited access arterial street is 35 r feet. The applicant is proposing a vehicle use area street setback of 10 feet from the streets within the subdivision. 20 • 5. 19.12.720.B. Vehicle Use Area Landscape Yards. In the ORI District, only plant materials, berms, fences or walls are permitted to be installed. The applicant is proposing to install up to three pads per dealership measuring approximately 22 feet in diameter for the display of motor vehicles. SUMMARY OF FINDINGS, UNRESOLVED ISSUES,AND ALTERNATIVES The Planning and Development Commission has developed or identified the following findings, unresolved issues, and alternatives: A. Summary of Findings. 1. Planned Development District Standard: The subject property is not 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 PORI Planned Office Research Industrial District. The Program for Graphics as proposed by the developer is not suitable with regards to the Planned Development District Standards. The development proposes the construction of two subdivision signs each up to 100 feet in height. Each sign will contain an electronic message graphic in addition to the logos of dealers within the subdivision. These signs are proposed to be located along I-90 and Randall Road respectively. Additionally, each dealership proposes the construction of two monument signs of 450 square feet in area and 30 feet in height for new car sales,and one monument sign of 200 square feet in area and 20 feet in height for used car sales. Wall signs are proposed to be located on at least three sides of each building. The maximum height allowed for a monument graphic in the PORI district is 10 feet. Additionally, electronic message board graphics are prohibited under the zoning ordinance. 2. Comprehensive Plan Standard: The development is not suitable for the office/research/industrial land use designation which provides for a wide range of business uses and limited commercial service uses to support the employment area. These activities typically locate in business parks. The design guidelines,which are a part of the Elgin Comprehensive Plan and Design Guidelines,recommend that signage for industrial areas should be in scale with the buildings and, wherever possible, should be located low to the ground, in the pedestrian or driver's line of vision, and reflect the viewing distance for pedestrians and drivers. The two subdivision signs proposed for the development do not meet these guidelines. 21 • 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. RECOMMENDATION The Planning and Development Commission recommends denial of Petition 47-07. On a motion to recommend approval,subject to conformance with all applicable codes and ordinances,the vote was one (1) yes, and three (3) no. 1. Substantial conformance to the Statement of Purpose and Conformance, submitted by the applicant,represented by Peter C. Bazos, Esq., of Schnell, Bazos, Freeman, Kramer, Schuster &Vanek, dated July 17, 2007, titled"Rider," along with the following attachments (all subject to review by the City's Community Development Group, Engineering Division and Legal Department): a. Randall/90 Automall Site Plan,prepared by Heitman Architects Incorporated,not dated. b. Site Plans titled Randall Rose Subdivision,Elgin Illinois,Existing Conditions Page 1 of 2, and Development Design Features Page 2 of 2, prepared by Cowhey Gudmundson Leder, Ltd., dated June 4, 2007 and last updated on July 13, 2007. c. Landscape Plans titled Auto Mall Preliminary Landscape Concept, and Prototype Lot Landscape Concept—Lot 1, prepared by Hitchcock Design Group, not dated. d. Applicant's Draft Ordinance titled Exhibit C — An Ordinance Classifying Newly Annexed Territory in the PORI Planned Office Research Industrial District(Randall Rose Subdivision). e. Building elevations, views and signs titled Honda Dealership Image Program Gen II option, sheets titled Exterior Renderings, Pylon Monument Sign, Used Car and Directional Signs,and Interstate Sign,prepared by Design Forum dated October 2003,to December 2003. f. A Program for Graphics proposal titled"Sign Program Review—Randa1ll90 Auto Mall," prepared by Heitman Architect Incorporated, not dated. 2. Compliance with all other applicable codes and ordinances. Therefore, the motion to recommend approval of Petition 47-07 was denied. r 22 • Respectfully submitted: Robert Siljestrom, Chairman Pro Tem Planning and Development Commission Tom Armstrong, Secretary Planning and Development Commission r r 23 • EXHIBIT C NON-AUTO DESIGN GUIDELINES Design Guidelines for Randall Rose Subdivision: Building and Construction - General At Randall Rose Subdivision, building and construction (other than buildings and structures not primarily used in connection with New Vehicle Sales) shall be subject to the provisions of Title 16, Building and Construction, of the Elgin Municipal Code, as may be amended, except as otherwise specifically provided herein or in the Annexation Agreement or Planned Development Ordinance adopted with respect to Randall Rose Subdivision by the Elgin City Council. Design Guidelines for Randall Rose Subdivision The following shall constitute the Randall Rose Subdivision - Architectural Design Guidelines for uses not primarily involving New Vehicle Sales. It is also recognized that these Design Guidelines may not be practical or appropriate for certain types of retail/restaurant/hotel—motel uses(collectively"Special Development"),and that the City's Zoning Administrator shall have the right to agree to variations in such Design Standards in connection with any such Special Development without thereby necessitating any amendment to the Annexation Agreement or Planned Development Ordinance previously approved by the Elgin City Council as to the Subject Property. Should the Developer propose any material deviation from these Design Guidelines and/or variations with respect to Special Development that are not acceptable to the City's Zoning Administrator, then at the request of the Developer, the matter shall be brought before the Elgin City Council for final resolution,but without any further public hearings,and without the need to amend the Annexation Agreement or Planned Development Ordinance. In no event shall the provisions of the ARC Arterial Road Corridor Overlay District be applicable to the development of the Subject Property. Guidelines • Buildings shall conform to the following "ARC Arterial Road Corridor Overlay District" standards without thereby imposing any requirement that any proposed project be subject to the procedural / public hearing process applicable to property within an arterial road corridor): The exterior building materials that are acceptable for use on buildings are: • Traditional building materials such as brick,natural stone,natural stucco/plaster, terra cotta, tile and glass. • Composite building materials such as cultured stone, cast stone and precast concrete panels designed to look like brick or stone, or imprinted with 2 rk architectural features such as lintels, window sills and cornices. • Artificial building materials such as Exterior Insulation and Finish Systems ("EIFS", commonly referred to by its brand name "Dryvit") and Architectural Metal shall be restricted to use in design accent features such as cornices,soffits and fascia, window trim and hood molding, corner boards, sign bands, quoins, and other design elements as determined by the Development Administrator.The materials shall not be used in high traffic, or high abuse areas, so as to protect them from wear and tear and vandalism • All of the facades of any buildings fronting on(abutting)Randall Road or on Interstate 90 shall be designed to look the same as the front elevation of the building. Any proposed loading docks shall be oriented to the interior lot lines and not facing Randall Road or Interstate 90. • Each building facade (all 4 sides) shall contain a minimum of five (5) Architectural Features except for buildings fronting on (abutting) Randall Road of Interstate 90, which shall require six (6) Architectural Features. • Roof mounted equipment shall be fully screened from view by a uniform parapet on all four sides of the buildings. The parapet height criteria shall conform to the Screening of Mechanical Equipment standards guidelines relating to the Chapter 19.15.500 of the Elgin Municipal Code as excerpted as follows:. "Section 1511.1 General. All rooftop mechanical equipment,on buildings 30 feet(9.15 m)or under in height, extending more than 36" (913 mm) above the roof, including but not limited to heating, air conditioning, ventilating or other mechanical equipment, shall be screened or enclosed in a manner which masks the equipment from view at a distance twice the height of building at finished grade elevation." • Lot 3 • Roof mounted equipment shall conform to the Screening of Mechanical Equipment standards guidelines relating to the Chapter 19.15.500 of the Elgin Municipal Code as excerpted as follows. "Section 1511 Screening of Mechanical Equipment,shall be created to read as follows: o Section 1511.1 General. All rooftop mechanical equipment,on buildings 30 feet(9.15 m)or under in height, extending more than 36" (913 mm) above the roof, including but not limited to heating, air conditioning, ventilating or other mechanical equipment, shall be screened or enclosed in a manner which masks the equipment from view at a distance twice the height of 3 building at finished grade elevation. o Section 1511.2 Construction. Construction of the screening or enclosure shall comply with the provisions of the building code,and shall be of the same character and design as the building. o Section 1511.3 Permits. A building permit shall not be issued for any building unless the screening or enclosure is included on plans submitted with the building permit application." • Loading docks on all lots shall be screened by a wall that is integral to the building, is constructed of the same materials as the building, and is of sufficient height so as to fully screen the docks. A 100%landscaping screen should also be provided adjacent to that wall. Specific Guidelines- Building and Construction • Architectural Design. At Randall Rose Subdivision, all buildings shall be designed in substantial conformance to the following standard: All projects shall demonstrate architectural excellence and demand high quality design and materials. • Architecture Features. Each building façade (4 sides) shall contain the required number of"Architectural Features" as required by the "Guidelines" and defined by the following list: • Continuous or Repetitive Design Elements: o Alternating masonry design, capstones, columns, cornices, enhanced window sills, lintels, medallions, parapets, pilasters, reveals or watercourses. • Specific Building Physical Features: o Awnings/Canopies(fabric,metal or glass),building offsets,pediments,or recessed entries. o Accent or Decorative Lighting. Parking and area lights cannot be counted. Building Coloration will consist predominantly of a neutral overall color that compliments the building's surroundings. Accent colors are encouraged. • Building Facade Materials. The following are acceptable materials. • Traditional building materials such as brick, natural stone, natural stucco/plaster, terra cotta, tile and glass. • Composite building materials such as cultured stone,'cast stone and precast concrete panels designed to look like brick or stone, or imprinted with architectural features such as lintels,window sills and cornices. 0.16, • Artificial building materials such as Exterior Insulation and Finish Systems (E1FS, commonly referred to by its brand name "Dryvit") 4 and Architectural Metal shall be restricted to use in design accent features such as cornices, soffits and fascia, window trim and hood molding, corner boards, sign bands, quoins, and other design elements. The materials shall not be used in high traffic,or high abuse areas, so as to protect them from wear and tear and vandalism. • No building shall be constructed with metal exterior materials, excepting miscellaneous metal appurtenances, without the approval of the City Council. Notwithstanding the foregoing, the roof of any building may be constructed with a co-called"standing seam"metal roof(in addition to any other non-metal roofing system). • All facade materials used will reflect a high degree of quality, durability and craftsmanship. • Loading Docks • Loading docks on all lots shall be screened by a wall that is integral to the building, is constructed of the same materials as the building, and is of sufficient height so as to fully screen the docks. A 100%landscaping screen should also be provided adjacent to that wall. • Roof and Roof Accessories: • Exterior gutters and downspouts will be permitted. All downspouts must connect directly to storm drain system. • Windows and Entryways. • Windows and entryways shall be emphasized by utilizing a dominant architectural feature.These features should be further highlighted through the use of window sills and lintels and alternate brick design such as soldier course. • Glass will be tinted glass (green, blue, bronze, or gray) or reflective glass (green, blue or silver) with an outdoor reflectance of no more than 20%. • Other Considerations and Site Layout Drainage,utility and cross access easements must be maintained. Some of these easement areas can be paved. These easements also reflect and engineered `water shed' and overland flow that must be maintained Specific Guidelines - Landscape • Landscape Design. At Randall Rose Subdivision, all developments shall provide for a quality landscape design along all road frontages. In addition all landscaped areas must be in conformance to the City of Elgin Municipal Code, Section 19.12.700: LANDSCAPING of the Zoning Ordinance. r 5 J EXHIBIT D NEW VEHICLE SALES FACILITY DESIGN GUIDELINES The design and materials of the buildings constructed for use in connection with New Vehicle Sales shall conform with the Chapter 19.15 ARC Arterial Road Corridor Overlay Districts with respect to design and material except to the extent that departures are required to conform to an auto manufacturer's imaging requirements,but such exception shall not be permitted if it exceeds 40%of any one face of the building. r r