G7-09 Ordinance No. G7-09
AN ORDINANCE
PROHIBITING THE USE OF WATER WELLS
WITHIN A DEFINED AREA OF THE CITY
IN THE VICINITY OF 901 DUNDEE AVENUE
WHEREAS, certain property in the City of Elgin, commonly known as 901 Dundee
Avenue, has been used over a period of time as a retail gasoline filling station; and
WHEREAS, because of said use, concentrations of certain chemical constituents in the
groundwater beneath the property legally described in Exhibit A may exceed Class I
groundwater quality standards for potable resource groundwater as set forth in 35 Illinois
Administrative Code 620 or Tier 1 residential remediation objectives as set forth in 35 Illinois
Administrative Code 742; and
WHEREAS, the City of Elgin desires to limit potential threats to human health from
groundwater contamination while facilitating the redevelopment and productive use of properties
that are the source of chemical constituents; and
WHEREAS, the City of Elgin desires to accomplish these goals by prohibiting the use of
groundwater as a potable water supply from the real property depicted in the site plan attached to
• and incorporated by reference into this ordinance as Exhibit A, an area roughly bounded by Page
Avenue on the north, Slade Avenue on the south, 516 Slade Avenue on the east, and Dundee
Avenue on the west.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1. Definitions. The terms and words used in this ordinance shall be used,
interpreted and defined as set forth in this Section:
"Person" shall mean any individual, partnership, co-partnership, firm, company, limited liability
company, corporation, association, joint stock company, trust, estate, political subdivision, or
any other legal entity, or their legal representatives, agents or assigns.
"Potable water" shall mean any water used for human or domestic consumption, including, but
not limited to, water used for drinking, bathing, swimming, washing dishes, preparing foods, or
watering gardens in which produce intended for human consumption is grown.
"The property" shall mean that real property depicted in the site plan attached to and
incorporated by reference into this ordinance as Exhibit A, an area roughly bounded by Page
Avenue on the north, Slade Avenue on the south, 516 Slade Avenue on the east, and Dundee
Avenue on the west.
•
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Section 2. Use of groundwater as a potable water supply prohibited. The use or attempt to
use as a potable water supply, groundwater from the property, by the installation or drilling of
wells on or at the property or by any other method on or at the property is hereby prohibited.
Section 3. Restrictions binding on City. Except for the provisions of Section 4, all
restrictions contained in this ordinance shall be binding on the City.
Section 4. Penalties. Any person violating the provisions of this section shall be subject to
a fine of up to $500.00 for each violation.
Section 5. Repealer. All ordinances or parts of ordinances in conflict with this section are
hereby repealed insofar as they are in conflict with this section.
Section 6. Severability. If any provision of this section or its application to any person or
under any circumstances is adjudged invalid, such adjudication shall not affect the validity of the
section as a whole or of any portion not adjudged invalid.
Section 7. This ordinance shall be in full force and effect upon its passage and publication
in the manner provided by law.
v
Ed Schock, Mayor
•
Presented: February 11, 2009
Passed: February 11, 2009
Omnibus Vote: Yeas: 5 Nays: 0
Recorded: February 12, 2009
Published:
Attest:
ell
Diane Robertson, City erk
•
Findings of Fact Zoning and Subdivision Hearing Board
Petition 03-09 January 7, 2009
• H. Draft Conditional Use Ordinance see attached •
BACKGROUND
An application has been filed by Jim Mecha, 1440 Fitness Inc., d/b/a World Gym, requesting a
conditional use to permit the establishment of a physical fitness facility in the AB Area Business
District. The subject property is located at 264 and 268 South Randall Road(reference Exhibits A, .
B, C,D, and E).
The applicant is proposing to operate a 24-hour physical fitness facility at the subject property. The
proposed facility will occupy 6,700 square feet of vacant tenant space in the Otter Creek Shopping
Center. Physical fitness facilities are conditional uses in the AB Area Business zoning district,
require a public hearing, and require City Council approval (reference Exhibits F, G, and H.).
GENERAL FINDINGS
After due notice,as required by law,the Zoning and Subdivision Hearing Board conducted a public
hearing in consideration of Petition 03-09 on.January 7, 2009. Testimony was presented at the
public hearing in support of the application. No objectors were present. The Community
• Development Group submitted a Conditional Use Review dated January 2, 2009.
The Zoning and Subdivision Hearing Board has made the following general findings:
A. Zoning History Standard. The suitability of the subject property for the intended
conditional use 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 conditional use with respect to
the length of time the property has remained undeveloped or unused in its current zoning
district.
1927: Outside City Limits
1950: Outside City Limits
1960: Outside City Limits
1962: Outside City Limits
1992: B3 Service Business District
Present: AB Area Business District
ARC Arterial Road Corridor Overlay District
The subject property was annexed and zoned B3 Service Business District in 1990 as part of
• the Funk Sunderland Annexation. The property was later subdivided as part of the Darlene •
McDermott Subdivision. The subject property was rezoned to AB Area Business District as
part of the comprehensive amendment to the zoning ordinance in 1992.
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January 7, 2009
FINDINGS OF FACT
Zoning and Subdivision Hearing Board City of Elgin, Illinois
SUBJECT
Consideration of Petition 03-09 Requesting a Conditional Use in the AB Area Business District,to
Permit the Establishment of a Physical Fitness Facility; Property Located at 264 and 268 South
Randall Road,by Jim Mecha, 1440 Fitness Inc., d/b/a World Gym, as Applicant and Otter Creek,
L.L.C., as Owner.
GENERAL INFORMATION
Requested Action: Conditional Use Approval
Current Zoning: AB Area Business District
Existing Use: Vacant Commercial Tenant Space
Property Location: 264 and 268 South Randall Road
Applicant:ant. Jim Mecha 1440 Fitness In c., d/b/a World Gym
Owner: Otter Creek, L.L.C.
Staff Coordinator: Sarosh Saher, Senior Planner
LIST OF EXHIBITS
A. Location Map (see attached)
B. Zoning Map (see attached)
C. Parcel Map (see attached)
D. Aerial Photo (see attached)
E. Environmental Photo (see attached)
F. Site Photos (see attached)
G. Statement of Purpose and Conformance (see attached)
i
Findings of Fact Zoning and Subdivision Bearing Board
• Petition 03-09 January 7, 2009
B. Surrounding Lf nd Use and Zoning Standard. The suitability of the subject property for
the intended con(itional use with respect to consistency and compatibility with surrounding
land use and zoning.
Findings. The si Lbject property maybe suitable for the intended conditional use with respect
to consistency ar d compatibility with surrounding land use and zoning.
The areas to the forth, south and east of the subject property are zoned AB Area Business
District. These g reas are developed with commercial service,business and retail uses.
The area to the ,vest is zoned PSFR2 Planned Single Family Residence and is currently
undeveloped.
C. Trend of Development Standard. The suitability of the subject property for the intended
conditional use v►ith respect to its consistency with an existing pattern of development or an
identifiable tren(.of development in the area.
Findings:The si ibject property is suitable for the intended conditional use with respect to the
trend of develop.nent standard.
• The subject property is located within a commercial area that offers business, personal
services and reta.1 uses. The proposed use is in keeping with the trend of existing land uses
in the area.
D. Zoning District Standard. The suitability of the subject property for the intended
conditional use v dth respect to the length of time the property has remained undeveloped or
unused in its cur-ent zoning district.
Findings. The subject property is suitable for the intended conditional use with respect to
the length of tin a the property has remained undeveloped or unused in its current zoning
district.
The purpose of he AB Area Business district is to provide commodities and services to
several neighbor hoods, and in some instances to a communitywide or regional supporting
population. AB zoning districts are limited by the applicable site design regulations to an.
intermediate scale of development relative to NB neighborhood business districts and the
CC1 center city district.
The proposed bi siness will provide for a physical fitness facility to the surrounding area.
The facility is pr)posed to remain open 24 hours a day, and will provide areas for clients to
exercise and woi k out. Showers and locker rooms will be provided on the premises.
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 03-09 January 7, 2009
• STANDARDS FOR CONDITIONAL USES
The Zoning and Subdivision Hearing Board has made the following findings concerning the
standards for conditional uses:
A. Site Characteristics Standard. The suitability of the subject property for the intended
conditional use with respect to its size, shape, significant features including topography,
watercourses, vegetation, and existing improvements.
Findings. The subject property is suitable for the intended conditional use with respect to
the site characteristics standard.
The subject property is comprised of a 21 acre commercial subdivision commonly known as
Otter Creek Shopping Center. The shopping center is developed with commercial buildings
and off-street parking. The proposed 6,700 square foot physical fitness establishment will
occupy two vacant tenant spaces within the existing commercial building.
B. Sewer and Water Standard. The suitability of the subject property for the intended
conditional use 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 conditional use with respect to
the sewer and water standard.
The subject property is served by municipal water, sanitary sewer and storm water control
facilities.
C. Traffic and Parking Standard. The availability of the subject property for the intended
conditional use 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 conditional use with respect to
the traffic and parking standard.
The tenant space is located within a shopping center bounded by South Randall Road to the
east and U.S. Rt. 20 and Weld Road to the north. Both Randall Road and U.S. Rt. 20 are
limited access regional arterials that serve southwestern Elgin and the surrounding region.
Weld Road is a local road serving the subject property and the commercial and residential
properties to the west. Access to the subject property is limited to South Randall Road and
Weld Road.
Off street parking will be provided in conformance with the off street parking ordinance.
• D. Comprehensive Plan Standard. The suitability of the subject property for the intended
conditional use with respect to conformance to the goals, objectives, and policies of the
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 03-09 January 7, 2009
B. Surrounding Land Use and Zoning Standard. The suitability of the subject property for
the intended conditional use with respect to consistency and compatibility with surrounding
land use and zoning.
Findings. The subject property maybe suitable for the intended conditional use with respect
to consistency and compatibility with surrounding land use and zoning.
The areas to the north, south and east of the subject property are zoned AB Area Business
District. These areas are developed with commercial service, business and retail uses.
The area to the west is zoned PSFR2 Planned Single Family Residence and is currently
undeveloped.
C. Trend of Development Standard. The suitability of the subject property for the intended
conditional use with respect to its consistency with an existing pattern of development or an
identifiable trend of development in the area.
Findings:The subject property is suitable for the intended conditional use with respect to the
trend of development standard.
AMh The subject property is located within a commercial area that offers business, personal
services and retail uses. The proposed use is in keeping with the trend of existing land uses
in the area.
D. Zoning District Standard. The suitability of the subject property for the intended
conditional use 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 conditional use with respect to
the length of time the property has remained undeveloped or unused in its current zoning
district.
The purpose of the AB Area Business district is to provide commodities and services to
several neighborhoods, and in some instances to a communitywide or regional supporting
population. AB zoning districts are limited by the applicable site design regulations to an.
intermediate scale of development relative to NB neighborhood business districts and the
CC 1 center city district.
The proposed business will provide for a physical fitness facility to the surrounding area.
The facility is proposed to remain open 24 hours a day, and will provide areas for clients to
exercise and work out. Showers and locker rooms will be provided on the premises.
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'on Hearing Board
Findings of Fact Zoning and Subdmsi ring
Petition 03-09 January 7, 2009
official comprehi:nsive plan.
Findings. The si ibject property is suitable for the intended conditional use with respect to
the Comprehensive Plan Standard.
The subject prof wrty is designated as "Community Mixed-Use Center" by the City's
Comprehensive ''Ian and Design Guidelines dated 2005. Areas designated Community
Mixed-Use Cents:r typically provide focus, identity, and convenient goods and services,as
well as some eml loyment,for a number of surrounding neighborhoods in a larger trade area.
The ideal comir unity mixed use center should be between 30-100 acres of commercial,
office,entertainn Lent,medium density residential,and institutional uses accessed by arterial
streets and tram it service. The center would have parcels and buildings scaled to
pedestrians, sma it enough to encourage parking once and walking to more than one
destination. Off street parking is shared and on-street parking helps to contribute to the
intimate scale of well functioning pedestrian environments. Parking located between and
behind buildings permits people too walk more safely and comfortably between uses that
front sidewalks i ather than large parking lots. Seating and shade along pedestrian routes
promotes walkin;and informal gathering.
E. Location,Desigi i,and Operation Standard. The suitability of the subject property for the
• intended conditional use with respect to it being located, designed, and operated so as to
promote the purl ose and intent of this title and chapter.
Findings. The si tbject property is suitable for the intended conditional use with respect to it
being located,de iigned,and operated so as to promote the purpose and intent of the zoning
ordinance.
No evidence has been submitted or found that the proposed conditional use will be located,
designed,or opei ated in a manner that will exercise undue detrimental influence on itself or
surrounding prof erty.
SUMMARY OF FIND:[NGS,UNRESOLVED ISSUES,AND ALTERNATIVES
The Zoning and Subdivision Hearing Board has developed or identified the following findings,
unresolved issues, and a tematives:
A. Summary of Fir dings.
Positive Attribut?s: Approval of the requested conditional use to establish the proposed
physical fitness f icility at 264 and 268 South Randall Road will allow the applicant to offer
physical fitness services to the residents in the surrounding neighborhoods.
•
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 03-09 January 7,2009
• 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.
DECISION
The Zoning and Subdivision Hearing Board recommends the approval of Petition 03-09. On a
motion to recommend approval of the conditional use, subject to the following conditions,the vote
was five(5)yes and zero (0)no:
1. Substantial conformance with the Statement of Purpose and Conformance and attachments,
submitted by Jim Mecha of 1440 Fitness, inc., and d/b/a World Gym, dated received
December 10, 2008 and last revised December 19, 2008.
2. All graphics must meet the requirements of Chapter 19.50 Street Graphics of the Elgin •
• Municipal Code.
3. Compliance with all applicable codes and ordinances.
Therefore, the motion to recommend approval of Petition 03-09 was adopted.
Respectfully Submitted,
s/ Daniel Weiler
Daniel Weiler, Chairman Pro Tern
Zoning and Subdivision Hearing Board
s/ Sarosh Saher
Sarosh Saher, Secretary
Zoning and Subdivision Hearing Board
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 03-09 January 7, 2009
® official comprehensive plan.
Findings. The subject property is suitable for the intended conditional use with respect to
the Comprehensive Plan Standard.
The subject property is designated as "Community Mixed-Use Center" by the City's
Comprehensive Plan and Design Guidelines dated 2005. Areas designated Community
Mixed-Use Center typically provide focus, identity, and convenient goods and services, as
well as some employment,for a number of surrounding neighborhoods in a larger trade area.
The ideal community mixed use center should be between 30-100 acres of commercial,
office,entertainment,medium density residential,and institutional uses accessed by arterial
streets and transit service. The center would have parcels and buildings scaled to
pedestrians, small enough to encourage parking once and walking to more than one
destination. Off-street parking is shared and on-street parking helps to contribute to the
intimate scale of well functioning pedestrian environments. Parking located between and
behind buildings permits people too walk more safely and comfortably between uses that
front sidewalks rather than large parking lots: Seating and shade along pedestrian routes
promotes walking and informal gathering.
E. Location,Design,and Operation Standard. The suitability of the subject property for the
intended conditional use with respect to it being located, designed, and operated so as to
promote the purpose and intent of this title and chapter.
Findings. The subject property is suitable for the intended conditional use with respect to it
being located, designed, and operated so as to promote the purpose and intent of the zoning
ordinance.
No evidence has been submitted or found that the proposed conditional use will be located,
designed,or operated in a manner that will exercise undue detrimental influence on itself or
surrounding property.
SUMMARY OF FINDINGS, UNRESOLVED ISSUES,AND ALTERNATIVES
The Zoning and Subdivision Hearing Board has developed or identified the following findings,
unresolved issues, and alternatives:
A. Summary of Findings.
Positive Attributes: Approval of the requested conditional use to establish the proposed
physical fitness facility at 264 and 268 South Randall Road will allow the applicant to offer
physical fitness services to the residents in the surrounding neighborhoods.
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