G27-08 Ordinance No. G27-08
AN ORDINANCE
GRANTING A MAP AMENDMENT FROM
AB AREA BUSINESS DISTRICT TO
PAB PLANNED AREA BUSINESS DISTRICT
(799 Summit Street)
WHEREAS,written application has been made requesting a map amendment from AB Area
Business District to PAB Planned Area Business District.
WHEREAS, the Planning and Development Commission conducted a public hearing after
due notice by publication and has submitted its findings of fact and recommended approval; and
WHEREAS, the City Council of the City of Elgin concurs in the findings and
recommendation of the Planning and Development Commission.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact,
dated April 21, 2008, made by the Planning and Development Commission, a copy of which is
attached hereto and made a part hereof by reference as Exhibit A.
Section 2. That Chapter 19.08,Section 19.08.020 entitled Zoning District map of the Elgin
Municipal Code, as amended, be and the same is hereby further amended by adding thereto the
following paragraph:
The boundaries hereinafter laid out in the Zoning District Map,as amended,be and
are hereby altered by including in the PAB Planned Residence Business District the
following described property:
That Part of the Southwest Quarter of Section 7,Township 41 North,Range 9
East of the Third Principal Meridian Described as Follows: Beginning at a Point on
the South Line of Said Southwest Quarter,Said Point Being 2327.35 Feet West of the
Southeast Corner of Said Southwest Quarter; Thence North 00 Degrees 00 Minutes
00 Seconds East Along the East Line of Hiawatha Drive Extended Southerly and also
Along Said East Line,a Distance of 434.09 Feet to the Southwest Corner of Lot 1 of
W.R.M.N.Radio Park Subdivision,a Subdivision of Said Southwest Quarter;Thence
South 89 Degrees 56 Minutes 23 Seconds East Along the South Line of Said Lot 1,a
Distance of 150.07 Feet Measured (150.00 Feet Record) to the Southeast Corner
Thereof;Thence North 00 Degrees 02 Minutes 53 Seconds East Along the East Line
of Said Lot, a Distance of 150.00 Feet to the South line of State Route 58; Thence
North 89 Degrees 59 Minutes 42 Seconds East, 336.41 Feet; Thence South 00
Degrees 16 Minutes 24 Seconds East, 556.48 Feet to the South Line of Said
Southwest Quarter; Thence South 87 Degrees 57 Minutes 10 Seconds West Along
Said South Line 489.62 Feet to the Point of Beginning, in Cook County, Illinois.
Excepting Therefrom the Following Parcel: That Part of the Southwest
Quarter of Section 7, Township 41 North, Range 9 East of the Third Principal
Meridian Described as Follows: Commencing at a Point on the South Line of Said
Southwest Quarter That is 2327.35 Feet West of the Southeast Corner of Said
Southwest Quarter;Thence North 00 Degrees 00 Minutes 00 Seconds East Along the
East Line of Hiawatha Drive Extended Southerly and also Along Said East Line, a
Distance of 434.09 Feet to the Southwest Corner of Lot 1 of W.R.M.N. Radio Park
Subdivision,a Subdivision of Said Southwest Quarter;Thence South 89 Degrees 56
Minutes 23 Seconds East Along the South Line of Said Lot 1, a Distance of 150.07
Feet Measured(150.00 Feet Record)to the Southeast Corner Thereof for the Point of
Beginning; Thence North 00 Degrees 02 Minutes 53 Seconds East Along the East
Line of Said Lot, a Distance of 150.00 Feet to the South Line of State Route 58;
Thence North 89 Degrees 59 Minutes 42 Seconds East, 336.41 Feet; Thence South
00 Degrees 16 Minutes 24 Seconds East,264.91 Feet to a Point 301.57 Feet North of
the South Line of Said Southwest Quarter (as Measured Along the Last Described
Line); Thence North 90 Degrees 00 Minutes 00 Seconds West,214.97 Feet;Thence
North 00 Degrees 00 Minutes 00 Seconds East,28.64 Feet;Thence North 90 Degrees
00 Minutes 00seconds West, 122.90 Feet to the Southerly Extension of the West Line
of Lot 1 Aforesaid; Thence North 00 Degrees 02 Minutes 53 Seconds East Along
Said Line Extended 86.24 Feet to the Point of Beginning in Cook County, Illinois
(Property Commonly Known as 799 Summit Street).
Section 3. That the City Council of the City of Elgin hereby grants the rezoning from AB
Area Business District to PAB Planned Area Business District for the property commonly known as
799 Summit Street, and legally described above, which shall be designed, developed, and operated
subject to the following provisions:
A. Purpose and Intent. The purpose and intent of this PAB zoning district is to
provide a planned commercial environment, subject to the provisions of Chapter
19.60 Planned Developments, of the Elgin Municipal Code, 1976, as amended.
B. Supplementary Regulations. Any word or phrase contained herein,followed by the
symbol "[SRI", shall be subject to the definitions and the additional interpretive
requirements provided in Chapter 19.90, Supplementary Regulations of the Elgin
Municipal Code, 1976,as amended. The exclusion of such symbol shall not exempt
such word or phrase from the applicable supplementary regulation.
C. General Provisions. In this PAB zoning district, the use and development of land
and structures shall be subject to the provisions of Chapter 19.05,General Provisions,
of the Elgin Municipal Code, 1976, as amended.
r
2
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. Location and Size of District. This PAB zoning district should be located in
substantial conformance to the official comprehensive plan. The amount of land
necessary to constitute a separate PAB zoning 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.
F. Land Use. In this PAB zoning district,the use of land and structures shall be subject
to the provisions of Chapter 19.10,Land Use of the Elgin Municipal Code, 1976,as
amended. The only permitted,conditional,and similar land uses allowed within this
PAB zoning district shall be those permitted,conditional,and similar land uses listed
in Chapter 19.35.430, AB Area Business District.
G. Site Design. In this PAB Planned Area Business District,the use and development
of land and structures shall be subject to the provisions of Chapter 19.12, Site
Design,of the Elgin Zoning Ordinance and Chapter 19.60,Planned Developments,of
the Elgin Municipal Code, 1976, as amended, and as provided in this ordinance. In
this PAB District,the use and development of land and structures shall be subject to
the following conditions:
1. Substantial conformance to the Statement of Purpose and Conformance,
submitted by Scott Deaton, dated April 9, 2008.
2. Substantial Conformance to the Development Plan,submitted by Scott Deaton,
inclusive of the following plan sheets:
a.) Natural Healing Hydrotherapy Center Site Plan prepared by Scheflow
Engineers, dated last revised April 8, 2008;
b.) Natural Healing Hydrotherapy Site Improvement Plan prepared by
Scheflow Engineers,dated February 22,2008,subject to revisions per the
Community Development Group and Engineering Division;
c.) Parking Count Exhibit, dated February 26, 2008;
d.) Landscape Plan prepared by MEM, dated last revised March 24, 2008;
e.) Building elevations for all sides of the proposed Canine Hydrotherapy
Center prepared by Avid Architecture, dated last revised August 10,
2007;
f.) Colored rendering of building elevations prepared by Avid Architecture,
dated last revised August 10, 2007;
g.) Floor plan for Canine Hydrotherapy Center,dated last revised August 10,
2007;
h.) Retail and Stockroom Detail and General Listing of Products to be sold,
3
dated February 26, 2008;
i.) Refuse Collection Enclosure exhibit, dated February 26, 2008; and
j.) Freestanding Monument Sign exhibit, dated April 8, 2008.
3. Submission of a signed access, shared parking, and maintenance agreement
between Lot 1 and Lot 2 of the subject property to the Community Development
Group prior to the issuance of building permits.
4. Construction of the refuse collection area must be of the same building
materials and the same color as the principal building.
5. Conformance to all other applicable codes and ordinances.
H. Off-Street Parking. In this PAB District, off street parking shall be subject to the
provisions of Chapter 19.45, Off Street Parking, of the EMC, as amended.
Off-Street Loading. In this PAB District, off street loading shall be subject to the
provisions of Chapter 19.47, Off Street Loading, of the EMC, as amended.
J. Signs. In this PAB District,signs shall be subject to the provisions of Chapter 19.50,
Street Graphics, of the Elgin Municipal Code, 1976, as amended.
K. Amendments. In this PAB District,application for text and map amendments shall
be subject to the provisions of Chapter 19.55, Amendments. A text and map
amendment may be requested by an individual lot or property owner for a zoning lot
without necessitating that all other property owners in this PAB zoning district
authorize such an application.
L. 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. An application for a
planned development may be requested by an individual lot or property owner for a
zoning lot without requiring an amendment to this PAB zoning district and without
necessitating that all other property owners in this PAB zoning district authorize such
an application.
M. Conditional Uses. In this PAB zoning district,the use and development of the land
and structures shall be subject to the provisions of Chapter 19.65 Conditional Uses of
the Elgin Municipal Code, 1976,as amended.A conditional use may be requested by
an individual lot or property owner for a zoning lot without requiring an amendment
to this PAB zoning district and without necessitating that all other property owners in
this PAB zoning district authorize such an application.
[ 4
N. Variations. In this PAB District,the use and development of the land and structures
shall be subject to the provisions of Chapter 19.70,Variations of the Elgin Municipal
Code, 1976,as amended.Any of the requirements of this ordinance may be varied by
petition of a lot or property owner for a zoning lot without requiring an amendment to
this PAB zoning district and without necessitating that all other property owners in
this PAB zoning district authorize such an application.
O. Subdivisions—Generally. The subdivision of the subject property and development
thereof shall comply with the subdivision regulations of the city,as amended,and the
Plat Act of the State of Illinois.
P. Appeals. Any requirement, determination, or interpretation associated with the
administration and enforcement of the provisions of this ordinance may be appealed
subject to the provisions of Chapter 19.75, Appeals of the Elgin Municipal Code,
1976, as amended.
Q. ARC Arterial Road Corridor Overlay District. Notwithstanding anything to the
contrary in this ordinance,the use and the development of the subject property in this
PAB zoning district shall also be subject to the regulations of the ARC Arterial Road
Corridor Overlay District. In the event of any conflict between the regulations in the
ARC Arterial Road Corridor Overlay District and other provisions of this ordinance,
the regulations of the ARC Arterial Road Corridor Overlay District shall control.
Section 4. That this ordinance shall be in full force and effect immediately after its passage
in the manner provided by law.
Ed Schock, Mayor
Presented: May 28, 2008
Passed: May 28, 2008
Omnibus Vote: Yeas: 6 Nays: 0
Recorded: May 29, 2008
Published:
Attest:
Diane Robertson, Ci lerk
r
5
April 21, 2008
FINDINGS OF FACT
Planning and Development Commission City of Elgin,Illinois
SUBJECT
Consideration of Petition 01-08 Requesting a Zoning Map Amendment from AB Area Business District
to PAB Planned Area Business District and Final Plat Approval,to Allow the Construction of a Center
Specializing in Veterinary Services for Dogs in the ARC Arterial Road Corridor District; Property
Located at 799 Summit Street by Scott and Tauwanta Deaton, as Applicants,and Aldi Inc.,as Owner.
GENERAL INFORMATION
Requested Action: Map Amendment to PAB Planned Area Business District
Current Zoning: AB Area Business District
ARC Arterial Road Corridor District
Proposed Zoning: PAB Planned Area Business District
ARC Arterial Road Corridor District
Existing Use: Lot 1 —Retail/Grocery Store
Lot 2 - Vacant Land
Property Location: 799 Summit Street
Applicants: Scott and Tauwanta Deaton
Owner: Aldi Inc.
Staff Coordinator: Lydia Treganza, Associate Planner
LIST OF EXHIBITS
A. Location Map (see attached)
B. Zoning Map (see attached)
C. Parcel Map (see attached)
D. Aerial Map (see attached)
E. Environmental Map (see attached)
i9
Findings of Fact Planning and Development Commission
Petition 01-08 April 21, 2008
F. Site Photos (see attached)
G. Statement of Purpose and Conformance (see attached)
H. Development Plan (see attached)
I. Final Plat of Subdivision (see attached)
J. Draft Ordinance (see attached)
K. Related Correspondence (see attached)
BACKGROUND
An application has been filed by Scott and Tauwanta Deaton,requesting a zoning map amendment from
AB Area Business District to PAB Planned Area Business District and final plat approval,to allow the
construction of a center specializing in veterinary services for dogs in the ARC Arterial Road Corridor
District. The subject property is located at 799 Summit Street(reference Exhibits A,B,C,D,E and F).
The applicant proposes to construct a 6,045 square foot canine hydrotherapy and wellness center. The
center will include two treatment rooms, one treatment/conference room, three offices, two indoor
heated pools, and approximately 870 square foot retail area specializing in the sale of canine food,
supplements, and related products. The construction of the proposed facility requires planned
development approval due to the site being located in an ARC Arterial Road Corridor Overlay District
(reference Exhibits G, H, I, J and K).
The purpose and intent of the ARC overlay district is to ensure quality development along the City's
arterial corridors. The proposed commercial facility, in keeping with ARC Arterial Road Corridor
Overlay District standards,is creatively designed and will be constructed of quality masonry materials.
Landscaping enhancements will also be provided on site.
FINDINGS
After due notice,as required by law,the Planning and Development Commission held a public hearing
in consideration of Petition 01-08 on April 21,2008. 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 April 8, 2008.
The Planning and Development Commission has made the following findings concerning the standards
for map amendments:
2
Findings of Fact Planning and Development Commission
lit. Petition 01-08 April 21, 2008
A. Site Characteristics Standard. The suitability of the subject property for the intended zoning
district with respect to its size, shape, significant natural features (including topography,
watercourse and vegetation), and existing improvements.
Findings. The subject property is suitable for the intended zoning district with respect to the
site characteristics standard.
The subject property is part of an irregularly shaped zoning lot containing 5.9 acres of land.
The northern lot contains 2 acres of land and is improved with two commercial buildings and
related accessory parking. The southern lot, which is also the subject property, contains
approximately 3.9 acres of land and is improved with one commercial building and related
accessory parking. There are no natural features on the site that are worthy of preservation.
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 subject property is served by municipal water, sanitary sewer, and stormwater control
services.
C. Traffic and Parking Standard. The suitability of the subject property for the intended zoning
district with respect to the provision of safe and efficient on-site and off-site vehicular
circulation designed to minimize traffic congestion.
Findings. The subject property is suitable for the intended zoning district with respect to the
traffic and parking standard.
The subject property is located near the southeast corner of Summit Street and Hiawatha Drive.
Summit Street serves as a regional arterial road on the east side of Elgin. Hiawatha Drive is a
collector street which primarily serves the residential and community facility uses between
Summit Street and Congdon Avenue.
Parking is provided in conformance with the Off-Street Parking Ordinance.
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.
3
Findings of Fact Planning and Development Commission
Petition 01-08 April 21, 2008
The subject property has been zoned as follows for the years listed:
1927: Out of City
1950: Out of City
1960: Out of City
1962: Out of City
1963: B-3 Service Business District
1992: AB Area Business District
Present: AB Area Business District
ARC Arterial Road Corridor Overlay District
The subject property was annexed and zoned B-3 Service Business District in 1963. The
property was rezoned to AB Area Business District as part of the comprehensive amendment to
the zoning ordinance in 1992. A 14,860 square foot retail/grocery store was built on the subject
property in 1992.
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.
rib 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 and east of the subject property are zoned AB Area Business
District and are developed with commercial uses.
The areas located to the west and south of the subject property are zoned CF Community
Facility District. The area to the west is developed with baseball fields and the area to the south
is developed with the Lord's Park regional recreational facility.
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 area surrounding the subject property has developed with a planned mix of commercial and
community facility uses.
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
eik intent, and the location and size of a zoning district.
4
Findings of Fact Planning and Development Commission
Petition 01-08 April 21, 2008
The applicant is requesting PAB Planned Area Business District zoning. The purpose and
intent of the provisions for planned developments is to accommodate unique development
situations. For planned development districts,the planned development should demonstrate the
following characteristics:
1. An opportunity to realize a development of demonstrated need with respect to the types
of environment available to the public that would not be possible under the strict
application of the other chapters of the zoning ordinance.
2. A creative approach to the use of land and related improvements resulting in better
design and construction of aesthetic amenities.
3. The preservation of significant natural features including topography, watercourses,
wetlands, and vegetation.
Planned districts should be located in substantial conformance to the official comprehensive
plan. The amount of land necessary to constitute a separate planned commercial district
exclusive of rights of way,but including adjoining land or land directly opposite a right of way
shall not be less than two acres. No departure from the requested minimum size of a planned
district shall be granted by City Council.
The purpose of the PAB Planned Neighborhood Business District is to provide for planned
commercial areas supplying daily convenience commodities and services to a neighborhood
population, subject to the provisions of Chapter 19.60, Planned Developments. The scale of
development of a PAB zoning district is limited by the applicable site design regulations due to its
function and resulting close proximity to residences. A PAB zoning district is most similar to,but
departs from the standard requirements of the AB zoning district.
The purpose and intent of the ARC Arterial Road Corridor Overlay District is to promote and
facilitate the implementation of the objectives, policies, and strategies of the City of Elgin
Comprehensive Plan. The ARC zoning district is a zoning overlay district,and accordingly,a
property located within the district shall also be subject to the regulations of the underlying
zoning district in which it is located.
Findings. The subject property is suitable for the intended zoning district with respect to
conformance to the provision for the purpose and intent, and the location and size of a PAB
Planned Area Business District.
The proposed planned development is in substantial conformance with the purpose and intent of
the planned development and arterial road corridor provisions. The proposed development is
consistent with the established trend of commercial development in the area.
The applicant proposes to construct a quality building that is creatively designed in an urban
style and is of masonry construction. The building materials include split face masonry shear
walls and brick veneer. The proposed landscape plan features materials greater in type and
5