G32-10 t
Ordinance No. G32-10
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AN ORDINANCE AMENDING
PAB PLANNED AREA BUSINESS DISTRICT ORDINANCE NO. G114-06
(Elgin Wal-Mart/Sam's Club Subdivision - 1000 South Randall Road)
WHEREAS, the territory described herein has previously been classified in the PAB
Planned Area Business District pursuant to Ordinance No. G114-06; and
WHEREAS, written application has been made to amend certain provisions within
Ordinance No. G 114-06; and
WHEREAS, after due notice in the manner provided by law the Planning and
Development Commission conducted public hearings concerning said application and has
submitted its written findings and recommendations; and
WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and
recommendations of the Planning and Development Commission.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
• Section 1. That the City Council of the City of Elgin hereby adopts the Findings of
Fact, dated November 2, 2009, made by the Planning and Development Commission, a copy of
which is attached hereto and made a part hereof by reference as Exhibit A. Ordinance No. G 114-
06 classifying the territory herein described in the PAB Planned Area Business District be and is
hereby amended in its entirety and is hereinafter set forth in this ordinance.
Section 2. That Chapter 19.07, Section 19.07.600 entitled "Zoning District Map" of
the Elgin Municipal Code, 1976, as amended, be and the same is hereby further amended by
adding thereto the following paragraph:
The boundaries herein before laid out in the `Zoning District Map', as amended,
be and are hereby altered by including in the PAB Planned Area Business District,
the following described property:
That part of the Southwest Quarter of Section 28, Township 41 North, Range 8
East, of the Third Principal Meridian, Kane County, Illinois, described as follows:
Commencing at the Northwest Corner of the Southwest Quarter of Section 28;
thence South 01 degree 04 minutes 22 seconds East on the West Line of said
Southwest Quarter, a distance of 22.91 feet to the southern line of County
Highway 17 (Bowes Road) and the Point of Beginning; thence North 88 degrees
49 minutes 04 seconds East, along said southern line of County Highway 17, a
distance of 1225.04 feet to the western line of County Highway 34 (Randall
• Road); thence South 0 degrees 55 minutes 34 seconds East along said western line
of County Highway 34, a distance of 2608.12 feet to the South Line of the
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• Southwest Quarter of said Section 28; thence South 88 degrees 28 minutes 48
seconds West on the South Line of the Southwest Quarter of said Section 28, a
distance of 1218.39 feet to the West Line of the Southwest Quarter of said Section
28; thence North 01 degree 04 minutes 22 seconds West on the West Line of the
Southwest Quarter of said Section 28, a distance of 2615.28 feet to the Point of
Beginning.
Section 3. That the City Council of the City of Elgin hereby classifies the Subject
Property in the PAB Planned Area Business District in accordance with the following provisions:
A. Purpose and Intent. The purpose of the PAB Area Business District is to provide
commodities and services to several neighborhoods, and in some instances to a community wide
or regional supporting population, subject to Chapter 19.60. A PAB zoning district is most
similar to, but departs from the standard requirements of the AB zoning district.
B. Supplementary Regulations/Defined Terms. Any word or phrase contained
herein, followed by the symbol "[SR]", shall be subject to the definitions and the additional
interpretive requirements provided in Chapter 19.90, Supplementary Regulations of the Elgin
Municipal Code, 1976, as amended; provided, however, the "Dispersion" provision set forth in
paragraph (B) of the definition of "Alcoholic Liquor, Package Liquor Sales Establishment"
(Elgin Zoning Ordinance Section 19.90.015) shall not apply to the "Package liquor sales
establishments" approved as permitted uses. The exclusion of such symbol [SR] shall not
exempt such word or phrase from the applicable supplementary regulation. The "Preliminary
• Site Plan" referred to in this ordinance shall mean the Preliminary Site Plan by Atwell-Hicks
referred to in Section 3G(1) hereof. "Subject Property" referred to in this Ordinance shall mean
the property legally described above in Section 2 of this Ordinance. The "Outlots" shall mean
those areas of the Subject Property other than those portions or lots of the Subject Property
improved with improvements related to the Sam's Club store, Sam's gas station, and Wal-Mart
store.
C. General Provisions. In this PAB zoning district, the use and development of land
and structures shall be subject to the provisions of Chapter 19.05, General Provisions of the
Elgin Municipal Code, 1976, as amended.
D. Zoning Districts - Generally. In this PAB zoning district, the use and
development of land and structures shall be subject to the provisions of Chapter 19.07, Zoning
Districts of the Elgin Municipal Code, 1976, as amended.
E. Land Use. In this PAB zoning district, the use and development of land and
structures shall be subject to the provisions of Chapter 19.10, Land Use of the Elgin Municipal
Code, 1976, as amended. The following enumerated "land uses" [SR] shall be the only land uses
allowed as a "permitted use" [SR] or as a"conditional use" [SR] in this PAB zoning district:
1. Permitted Uses: The following enumerated land uses shall be the only
land uses allowed as a permitted use in this PAB Planned Area Business
District:
• b. Offices Division:
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• "Offices" [SR] (UNCL).
C. Finance, Insurance, and Real Estate Division:
"Development sales offices" [SR] (UNCL).
Finance (including banks and bank branches), insurance, and real
estate; provided, however, that as to the Outlots a maximum total
of two (2) stand-alone banks or bank branches shall be permitted,
which banks may include a drive-through.
d. Services Division:
Advertising (731).
Barbershops (724).
Beauty shops (723).
Dry cleaning without plant on premises (7215).
Computer rental and leasing (7377).
Mailing, reproduction, commercial art and photography, and
is stenographic services (733).
Motion picture theaters (7832).
Photographic studios, portrait (722).
Security systems services (7382).
Watch, clock and jewelry repair(763).
f. Retail Trade Division:
Apparel and accessory stores (56).
Building materials, hardware, and garden supply (52).
Carryout restaurants accessory to "eating places."
Drinking places (alcoholic beverages) (5813).
Drugstores and proprietary stores (591).
Eating places (5812), but limited to a maximum of two high
• volume fast food/quick service restaurants including, by way of
example, but not limited to, McDonald's, Burger King, Wendy's,
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White Castle, Taco Bell, Subway, Kentucky Fried Chicken, Pizza
Hut, A & W and Long John Silver's. Such high volume/fast
food/quick service restaurants shall not be deemed to include
(i) lower volume mid-value fast food restaurants including, by way
of example, but not limited to, Portillo's or Starbucks.
Florists (5992).
Food stores (54).
General merchandise stores (53).
Home furniture, furnishings and equipment stores (57).
Miscellaneous retail stores not elsewhere classified limited to
architectural supplies-retail; art dealers-retail; artists supply and
material stores-retail; baby carriages-retail; candle shops-retail; pet
stores-retail; pet shops-retail; picture frames, readymade-retail; and
telephone stores-retail (5999).
Miscellaneous shopping goods stores (594).
"Motor vehicle service stations" [SR] (554) and accessory "car
• wash", limited to a maximum of one such use for the entire
subdivision. Such use may further include an accessory "food
store."
News dealers (5994).
Optical goods stores (5995).
"Outdoor eating and drinking facilities" [SR] (UNCL).
g. Agricultural Division:
Dog grooming (0752).
Veterinary services for household pets (0742).
h. Construction Division:
"Contractor's office and equipment areas" [SR] (UNCL).
i. Manufacturing Division:
Commercial printing occupying less than five thousand (5,000)
square feet of gross floor area (2752).
• j. Transportation, Communication and Utilities Division:
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• Branch United States post offices (4311).
"Commercial antennas and antenna structures mounted on existing
structures" [SR] (UNCL).
"Loading facilities" [SR], exclusively "accessory" [SR] to a use
allowed in the zoning district, subject to the provisions of Chapter
19.47 of this Title (UNCL).
"Radio and television antennas" [SR] (UNCL).
"Satellite dish antennas" [SR] (UNCL).
"Treatment, transmission and distribution facilities: poles, wires,
cables, conduits, laterals, vaults, pipes, mains, and valves" [SR]
(UNCL).
k. Miscellaneous Uses Division:
"Accessory structures" [SR] (UNCL) to the permitted uses allowed
in the AB Area Business District, subject to the provisions of
Section 19.12.500 of this Title.
• "Accessory uses" [SR] (UNCL) to the permitted uses allowed in
the AB Area Business District, subject to the provisions of Section
19.10.400 of this Title.
"Commercial operations yards" [SR] (UNCL) accessory to
principal buildings exceeding 130,000 square feet in floor area.
"Drive-through facilities" [SR], subject to the provisions of
Chapter 19.45 of this Title, provided, however, that such drive thru
facility shall be approved for a maximum of two (2) high volume
fast food/quick service restaurants, including, by way of example,
but not limited to, McDonald's, Burger King, Wendy's, White
Castle, Taco Bell, Subway, Kentucky Fried Chicken, Pizza Hut, A
& W and Long John Silver's. Such high volume fast food/quick
service restaurants shall not be deemed to include (1) lower volume
mid-value fast food restaurants including, by way of example, but
not limited to, Portillo's or Starbucks.
"Fences and walls" [SR] (LNCL).
"Firearms sales" (5941), exclusively accessory to a sporting goods
store or general merchandise store, specifically limited to one each
for lot 5 and lot 6 as identified on the Full Build Out Preliminary
Plan and Landscape Plan prepared by Atwell Hicks dated August
• 5, 2009, last revised June 14, 2010 (the "Full Build Out Plan").
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"Loading facilities" [SR] (UNCL), exclusively "accessory" [SR] to
• a permitted use allowed in this PAB Area Business District,
subject to the provisions of Chapter 19.47 of this Title.
"Motor vehicle repair shop" [SR] (753) accessory to a general
merchandise store, specifically limited to one each for lot 5 and lot
6 as identified in the Full Build Out Plan.
"Outdoor display areas" [SR] (UNCL).
Package liquor sales establishments [SR] (5921) accessory to a
general merchandise store, specifically limited to two general
merchandise stores on lots 5 and 6 as identified on the Full Build
Out Plan.
"Parking lots" [SR] (UNCL), exclusively "accessory" [SR] to a
permitted use allowed in this PAB Area Business District, subject
to the provisions of Chapter 19.45 of this Title.
"Parking structures" [SR] (UNCL), exclusively "accessory" [SR]
to a permitted use allowed in this PAB Area Business District,
subject to the provisions of Chapter 19.45 of this Title.
• "Refuse collection area" [SR].
"Signs" [SR] (UNCL), subject to the provisions of Chapter 19.50
of this Title.
"Temporary uses" [SR] (UNCL).
2. Conditional Uses: The following enumerated land uses shall be the only
land uses allowed as a conditional use in this PAB Planned Area Business
District:
a. Municipal Services Division:
"Municipal facilities" [SR] on a zoning lot [SR] containing less
than two (2) acres of land.
b. Public Administration Division:
Public administration (J) on a zoning lot containing less than two
(2) acres of land.
C. Services Division:
Coin-operated amusement establishments (7993).
• d. Retail Trade Division:
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• Firearms sales (5941), exclusively accessory to a sporting goods
store.
"Package liquor sales establishments" [SR] (5921).
e. Transportation, Communication, and Utilities Division:
"Conditional commercial antenna tower" [SR] (UNCL).
"Conditional commercial antennas and antenna structures mounted
on existing structures" [SR] (UNCL).
Pipelines, except natural gas (461).
"Other radio and television antennas" [SR] (UNCL).
"Other satellite dish antennas" [SR] (UNCL).
Radio and television broadcasting stations (483).
"Treatment, transmission, and distribution facilities: equipment,
equipment buildings, towers, exchanges, substations, regulators"
SR I (UNCL
• f. Miscellaneous Uses Division:
"Accessory package liquor sales establishment" [SR] (UNCL).
"Accessory structures" [SR] (UNCL) to the conditional uses
allowed in the AB Area Business District, subject to the provisions
of Section 19.12.500 of this Title.
Accessory uses [SR] (UNCL) to the conditional uses allowed in
the AB Area Business District, subject to the provisions of Section
19.10.400 of this Title.
"Drive-through facilities" [SR], subject to the provisions of
Chapter 19.45 of this Title.
"Master signage plan" [SR], subject to the provisions of Chapter
19.50 of this Title.
"Parking lots" [SR] (UNCL), subject to the provisions of Chapter
19.45 of this Title.
"Parking structures" [SR] (UNCL), subject to the provisions of
Chapter 19.45 of this Title.
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"Planned developments" [SR] (UNCL) on a zoning lot containing
• less than two (2) acres of land, subject to the provisions of Chapter
19.55 of this Title.
3. Additional Use Restrictions and Regulations for Outlots: Notwithstanding
the foregoing provisions of Sections 3E1 and 3E2 providing for the listing
of permitted uses and conditional uses, the following additional use
restrictions and regulations shall apply to the Outlots:
a. Not more than a total of two (2) stand-alone banks or bank
branches shall be located on all of the Outlots.
b. The following shall constitute prohibited uses on the Outlots:
video stores; laundromats; currency exchanges; payday loan
business; nail salons which are not accessory to a beauty shop
(723); tanning salons which are not accessory to a beauty shop
(723); tax return preparation business; dollar type discount stores;
rental furniture stores; "motor vehicle repair shops" [SR] (753);
and any other prohibited uses listed within Section 19.15.520
entitled "Land Use" for the Arterial Road Corridor Overlay
District, unless such land use is otherwise specifically listed as a
permitted or conditional use in Section 3E of this ordinance.
•
C. A maximum of two (2) high volume fast food/quick service
restaurants shall be located on all of the Outlots, including, by way
of example, but not limited to, McDonald's, Burger King, Wendy's,
White Castle, Taco Bell, Subway, Kentucky Fried Chicken, Pizza
Hut, A & W and Long John Silver's. Such high volume fast
food/quick service restaurants shall not be deemed to include
(i) lower volume mid-value fast food restaurants including, by way
of example, but not limited to, Portillo's or Starbucks.
F. Site Design. In this PAB Planned Area Business zoning district, except as
otherwise provided for herein, the use and development of land and structures
shall be subject to the provisions of Section 19.12, Site Design, of the Elgin
Municipal Code, as amended. In this PAB Zoning District, the site design
regulations shall be as follows:
1. Zoning Lots; Generally: In this PAB Zoning District, "zoning lots" [SR]
shall be subject to the provisions of Section 19.12.300 of this Title.
2. Lot Area: In this PAB Zoning District, there shall be no minimum
required "zoning lot area" [SR].
3. Lot Width: In this PAB Zoning District, there shall be no minimum
required "lot width" [SR] for a zoning lot.
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• 4. Setbacks; Generally: In this PAB Zoning District, "setbacks" [SR] shall
be subject to the provisions of Section 19.12.400 of this Title.
5. Setbacks by Lot Line: In this PAB Zoning District, the minimum required
"building" [SR] "setbacks" [SR] and "vehicle use area setbacks" [SR] for a
zoning lot shall be as follows:
a. Building Setbacks:
i. Street Setback: The minimum required building setback
from a "street lot line" [SR] shall be as follows:
Randall Road and Bowes Road: 50 feet.
Any Private Drive: 10 feet.
H. Interior Setback: The minimum required building setback
from an "interior lot line" SR shall be six 6 feet.
iii. Transition Setback (a pp licable only to the Wal-Mart store):
The minimum required building setback from a "transition
lot line" [SR] shall be one hundred (100) feet, except the
pallet and bale storage area depicted on the Full Build Out
• Plan shall be permitted within said setback.
b. Vehicle Use Area Setbacks:
i. Street Setback: The minimum required vehicle use area
setback from a "street lot line" [SR] shall be as follows:
Randall Road and Bowes Road: 25 feet.
Any Private Street: 6 feet.
ii. Interior Setback: For zoning lots with a vehicle use area,
the minimum required vehicle use area setback from an
interior lot line shall be six (6) feet.
iii. Transition Setback (applicable only to the Wal-Mart store):
The minimum required vehicle use area setback from a
"transition lot line" [SR] shall be fifty (50) feet.
6. Accessory Structures and Buildings: In this PAB Zoning District,
"accessory structures and buildings" [SR] shall be subject to the provisions
of Section 19.12.500 of this Title.
7. Yards; Generally: In this PAB Zoning District, a "street yard" [SR], a
• "side yard" [SR], a "rear yard" [SR], or a "transition yard" [SR]
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established by a required building setback or by the actual location of a
building shall be subject to the provisions of Section 19.12.600 of this
Title.
8. Landscape Yards: In this PAB Zoning District, landscape yards shall be as
follows:
a. Vehicle Use Area Landscape Yards: The yards established by
vehicle use area setbacks shall be used as "vehicle use area
landscape yards" [SR] with the exception of access driveways as
provided in Sections 19.45.110 and 19.45.120 of this Title. Vehicle
use area landscape yards shall be subject to the provisions of
Section 19.12.700 of the zoning ordinance.
b. Interior Landscape Yards: "Interior landscape yards" [SR] shall be
installed on a zoning lot featuring a "vehicle use area" [SR], which
exceeds five thousand (5,000) square feet in area, subject to the
provisions of Section 19.12.700 of this Title.
9. Floor Area: In this PAB zoning district, the maximum "floor area" for a
zoning lot shall not exceed 60% of the total zoning lot area.
10. Building Coverage: In this PAB zoning district, the maximum "building
• coverage" [SR] for a zoning lot shall not exceed 40% of the total zoning
lot area.
G. Site Design and Architectural Design. In this PAB zoning district, all site
development and buildings shall be designed, constructed and maintained in
substantial conformance to the following development plans and/or regulations:
1. Substantial conformance to the petitioner's Statement of Purpose and
Development Plan and attachments as follows, with revisions as required
by the Community Development Group:
A. Site Plans Prepared by Atwell, LLC:
1. Full Build-out Preliminary Plan and Landscape Plan, dated August
5, 2009 and last revised June 14, 2010
2. Phased Landscape Plan for Walmart, dated April 22, 2010 and last
revised June 14, 2010
3. Phased Layout Plan for Walmart, dated April 22, 2010 and last
revised June 14, 2010
4. Phased Utility Plan for Walmart, dated June 14, 2010
5. Full Build-out Preliminary Utility Plan, dated June 14, 2010
6. Elgin Walmart-Sam's Club, Disturbance Sequence Plan, dated
November 7, 2008 and last revised on June 9, 2010
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B. Elevation Drawings Prepared by PB2 Architecture Engineering:
• 1. Walmart Store #1814 and Sam's Club Store #4942 Elevations and
Perspective Views (Sheet 1 of 7) dated June 15, 2010
2. Sam's Club Store #4942 Elevations and Perspective Views (Sheet
3 of 7) dated August 24, 2009
3. Sam's Club Store #4942 Elevations and Perspective Views (Sheet
4 of 7) dated August 24, 2009
4. Reserve drive perspective (Sheet 7 of 7), dated August 24, 2009
5. Sam's Club Store #4942 Perspective Views from Bowes Road and
Truck well screening dated December 30, 2009 and last revised on
January 11, 2010
6. Walmart Store #1814 New Signage Schedule, (Sheet 1), dated July
29, 2009
7. Walmart Store #1814 Elevations and Perspective Views (Sheet 1
of 2) dated June 15, 2010
8. Walmart Store #1814 Elevations and Perspective Views (Sheet 2
of 2) dated May 15, 2010
9. Proposed Landscaping for Walmart Sidewalk (Sheet 3) dated April
21, 2009
C. Elevation Drawings Prepared by Shade Lawrence O'Quinn Architects:
1. Site Signage for Walmart and Sam's Club, (Sheet 1), , dated
• December 31, 2009
2. Sam's Club Store #4942 Elevations (Sheet 1 of 2), dated
September 8, 2009
3. Sam's Club Store #4942 Elevations (Sheet 2 of 2), dated
September 8, 2009
2. Conformance with all applicable codes and ordinances.
3. Buildings and building additions other than the Sam's Club building and
the Wal-Mart building identified in paragraph 1 above shall be subject to
the general requirements of Chapter 19.14 — Architectural Review and
Design of the Elgin Municipal Code and the following additional
regulations:
a. Building Materials. A minimum of eighty percent of each building
fagade shall be constructed of brick, stone, wood, stucco, or
cement fiberboard. A maximum of twenty percent of each
building fagade pertaining to architectural elements, accents or
sign bands may be constructed of Exterior Insulation Finishing
System, decorative concrete block, premanufactured concrete
panels, or other synthetic materials such as aluminum or vinyl
siding products.
b. Architecture. Each building fagade shall incorporate a minimum
of six architectural features including, but not limited to,
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• windowsills, lintels, fabric awnings, columns, stone watercourses,
offsets, cornices, capstones, parapets, or alternating brick design.
C. Windows and entryways. Windows and entryways shall be
emphasized by utilizing awnings or other dominant architectural
features. These features should be further highlighted through the
use of stone windowsills and lintels and alternate brick design such
as soldier courses.
d. All refuse enclosures shall be constructed fully of masonry
materials matching the principal building and shall be affixed
structurally as part of the primary building wall systems.
e. Outdoor eating and drinking areas shall be enclosed by a minimum
3-foot wrought iron or aluminum open fencing. Solid masonry
walls will also be permitted. The use of stone or masonry columns
within the fence design is encouraged.
f. Departures. Departures to the above design guidelines may be
granted through Chapter 19.65, Conditional Uses, of the Elgin
Municipal Code, 1976, as amended. An application for conditional
use may be filed by an individual property owner without
necessitating that all other property owners in the development
• authorize such application.
4. Except for the Sam's Club development, and the Wal-Mart development
identified in the Preliminary Plat of Subdivision, prior to any other or
further development of the Subject Property the owner of the Subject
Property to be developed shall be required to submit a development plan
to the city for a public hearing and City Council approval pursuant to the
provisions of Chapter 19.60, Planned Developments, of the Elgin
Municipal Code, 1976, as amended.
H. Off-street Parking. In this PAB zoning district, off-street parking shall be subject
to the provisions of chapter 19.45, Off Street Parking, of the Elgin Municipal
Code, as amended, except as follows:
1. A departure is hereby granted from the requirement for the use of
permeable surfacing materials which is otherwise required by Elgin Municipal
Code Section 19.45.170135.
2. The overnight parking of recreational vehicles including motor homes,
recreational trailers, campers (including pickup camper units), and fifth-wheel
trailers is prohibited on the subject property and on any and all lots subject to the
provisions of this ordinance.
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• I. Off-street Loading. In this PAB zoning district, off-street loading shall be subject
to the provisions of Chapter 19.47, Off-street Loading, of the Elgin Municipal
Code, 1976, as amended.
J. Signs. In this PAB zoning district, signs shall be subject to the provisions of
Chapter 19.50, Street Graphics, of the Elgin Municipal Code, 1976, as amended,
except as follows:
1. Building signage for the Walmart Store shall be in substantial
conformance to the Walmart Store #1814 New Signage Schedule, (Sheet 1), dated
July 29, 2009, prepared by PB2 Architecture.
2. Building signage for Sam's Club Store shall be submitted for the review
and approval of the Community Development Group and shall be designed and
executed with standards similar to those used for the Walmart Store, as specified
in Section J.1 of this ordinance.
3. Site Monument signage shall be in substantial conformance to the Site
Signage for Walmart and Sam's Club, (Sheet 1) dated December 31, 2009,
prepared by Shade Lawrence, O'Quinn Architects.
4. All other signage, shall comply with the provisions of Chapter 19.50 and
shall be submitted with a sign permit application to the Director of Community
• Development for approval. Such freestanding signage shall also have materials
and coloring consistent with the Sign Elevation Drawings referred to in
subparagraph 3 above.
K. Planned Developments. In this PAB zoning district, the use and development of
the land and structures shall be subject to the provisions of Chapter 19.60,
Planned Developments, of the Elgin Municipal Code, 1976, as amended.
L. Conditional Uses. In this PAB zoning district, application for conditional uses
shall be subject to the provisions of Chapter 19.65, Conditional Uses, of the Elgin
Municipal Code, 1976, as amended. An application for conditional use may be
filed by an individual property owner without necessitating that all other property
owners in the development authorize such application.
M. Variations. In this PAB zoning district, application for variation shall be subject
to the provisions of Chapter 19.70, Variations, of the Elgin Municipal Code,
1976, as amended. An application for variation may be filed by an individual
property owner without necessitating that all other property owners in the
development authorize such application.
N. Subdivisions-Generally. The subdivision of the Subject Property and
development thereof shall comply with the Subdivision Regulations of the City,
as amended, and the Plat Act of the State of Illinois.
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. O. Appeals. Any requirement, determination, or interpretation associated with the
administration and enforcement of the provisions of this ordinance may be
appealed subject to the provisions of Chapter 19.75, Appeals, of the Elgin
Municipal Code, 1976, as amended.
Section 4. That this ordinance shall be full force and effect immediately after its
passage in the manner provided by law.
d Schock, Mayor
Presented: July 14, 2010
Passed: July 14, 2010
Vote: Yeas: 7 Nays: 0
Recorded: July 15, 2010
Published: July 16, 2010
Attest:
Diane Robertson, City Nerk
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EXHIBIT A November 2, 2009
• FINDINGS OF FACT
Planning and Development Commission City of Elgin, Illinois
SUBJECT
Consideration of Petition 24-09 Requesting Approval of a First Amendment to the Annexation
Agreement, Amendments to the Planned District Ordinance, and Amendment to the Preliminary Plat,
for the Subdivision known as the Elgin Walmart/Sam's Club Subdivision; Property Located at 1000
South Randall Road;by Atwell-Hicks,LLC.,as Applicants and Walmart Stores;Inc., Sam's West,Inc.,
and Sam's Real Estate Business Trust, as Owners.
GENERAL INFORMATION
Requested Action: First Amendment to Annexation Agreement,
Amendment to Ordinance No. G114-06
Amendment to Preliminary Plat
Current Zoning: PAB Planned Area Business District
ARC Arterial Road Corridor Overlay District
. Existing Use: Vacant
Proposed Use: Retail/Commercial Shopping Center
Property Location: 1000 South Randall Road
Applicant: Atwell-Hicks. LLC
Owners: Walmart Stores, Inc., Sam's West, Inc.; and
Sam's Real Estate Business Trust
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 Map (see attached)
E. Environmental Map (see attached)
Findings of Fact Planning and Development Commission
Petition 24-09 November 2, 2009
•
F. Site Photos (see attached)
G. Development Plan (see attached)
H. Draft PAB Ordinance (see attached)
I. Related Correspondence (see attached)
BACKGROUND
An application has been filed by Atwell-Hicks, LLC, requesting a first amendment to the annexation
agreement, amendments to the planned district ordinance, and amendment to the preliminary plat to
amend the site plan,landscape plans and building elevations of the Walmart and Sam's Club buildings,
and to amend the allowable land uses within the outlots within the subdivision. The subject property is
located at 1000 South Randall Road (reference Exhibits A, B, C, D, and E).
The Elgin Walmart/Sam's Club Subdivision was annexed and zoned in 2006. The subdivision provides
for the establishment of a Walmart store, a Sam's Club store and other retail and commercial
• establishments on seven additional outlots. The applicant proposes to amend the site plan, landscape
plan and building elevations of the Walmart and Sam's Club buildings to match current branding,store
layout and material requirements of the company. The applicant also proposes to amend the allowable
land uses for the seven outlots within the subdivision (reference Exhibits F, G, and H).
FINDINGS
After due notice,as required by law,the Planning and Development Commission held a public hearing
in consideration of Petition 24-09 on November 2, 1009. The applicant testified at the public hearing
and presented documentary evidence in support of the application. No objectors spoke at the public
hearing. The Community Development Group submitted a Planned Development Review, dated
October 28, 2009.
The Planning and Development Commission has made the following findings:
The annexation of the subject property was completed in two stages. The southerly portion of the
subject property was annexed in 2001 to create an annexation corridor to a number of projects
developing to the west of the subject property. The remainder of the property was annexed in 2006 as
part of the Elgin Walmart/Sam's Club Subdivision. The subject property is a regularly shaped parcel
containing approximately 7') acres of land and is subdivided into 11 lots.
The applicant is requesting the following changes to the development plan and land uses on the subject
property:
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Findings of Fact Planning and Development Commission
Petition 24-09 November 2, 2009
A. Changes to the'Site Plan:
1. The number of lots within the subdivision has changed from 11 to 10. The outlots along
Randall Road in front of the Walmart store have been consolidated into a larger outlot,
and an outlot has been relocated to the northerly portion of the property to provide
frontage for the outlot along Bowes Road.
2. The continuous east-west protected drive aisle from Randall Road to Reserve Drive has
been reconfigured to terminate at the easterly north-south drive within the subdivision.
Access to Reserve Drive will continue to be provided through the parking lot.
Additional landscaped islands and pedestrian sidewalks are provided around the
perimeter and within the parking lots.
3. The Sam's Club Building has been relocated approximately 130 feet to the north on the
site. The truck loading and turn around area,and the pallet and bale recycling areas have
been relocated to the north of the building. These areas will be screened with a solid
wall and substantial landscape material that will extend west to the westerly property
line and terminate at the fence proposed along the west property line. The southerly end
of the wall will extend to the corner of the building to screen the mechanical unit at that
• location.
B. Changes to the store floor area, elevation design and building materials:
1. The gross floor area of the Walmart store has been reduced from 20'),619 square feet to
177,557 square feet. The gross floor area of the Sam's Club remains largely unchanged.
2. The elevations and exterior building materials of the Walmart building have been
changed to match current branding, store layout and material requirements of the
company. The elevations that were formerly proposed to be constructed in brick will be
constructed in a combination of exposed aggregate concrete panels, split faced concrete
block with accents in Exterior Insulated Finish Systems (EIFS) and a composite wood
and resin material known as "Trespa." A number of architectural features such as
canopies, masonry arches, a variety of colors in earth tones, alternating pattern of the
windows and doors, and changes in the plane of the elevation will provide architectural
interest to all four elevations of the building.
3. The elevations and exterior building materials of the Sam's Club building will remain
largely unchanged. Due to the required location of the entrance on the southeast corner
of the building, the front (east) elevation of the building will be landscaped with a
combination of trees and shrubs to break up the monotony of the elevation. The rear
elevation has been enhanced with additional masonry arches to reduce the effect of the
blank walls. The wall proposed to screen the truck loading turn around area, and the
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Findings of Fact Planning and Development Commission
Petition 24-09 November 2, 2009
• pallet and bale-recycling areas will be constructed of split faced concrete block in a color
to match the building.
C. Land use restrictions and regulations for outlots: The regulations on the land uses for the
outlots previously provided for a restriction on certain types of eating places,and a limitation on
the number of financial institutions such as banks. The applicant is proposing to amend the land
use regulations for the outlots to allow for the following uses:
1. A maximum of two banks.
2. An unlimited number of"quick service"restaurants such as Panera,Corner Bakery,
Noodles & Company, Chipotle, etc.
3. A maximum of two "fast-food" restaurants.
4. A maximum of one gas station with a carwash, with no limitation on the company
operating the gas station.
5. A maximum of one "health and fitness" use.
PLANNED DEVELOPMENT DEPARTURES AND EXCEPTIONS
A planned development may be granted certain departures from the normal standards, regulations,
. requirements, and procedures of the Elgin Zoning Ordinance and Subdivision Ordinance. Elgin
Walmart/Sam's Club Subdivision was approved in 2006, with the following departures from the
standard requirements of the zoning and subdivision regulations.
• 1.19.12.300 (E) Principal Buildings per Zoning Lot. In the AB Area Business
Districts,no more than one principal building is allowed on a zoning lot. The applicant
is proposing to subdivide the zoning lot into 11 lots of record and to develop the zoning
lot with at least 11 buildings.
• 2.19.12.400 (D) Setbacks from a Private Drive. In the AB District, a minimum 20
foot building setback is required from a private drive. The applicant is proposing to
provide a minimum 10 foot building setback from a private drive.
• Section 19.35.435 (E.I.a) Street Setback. In the AB District, a minimum 86 foot
building setback is required from a street lot line. The applicant is proposing to provide
a 50 foot building setback from Randall Road and Bowes Road.
• Section 19.35.435 (E.2.a) Vehicle Use Area Street Setback. In the AB District, a
minimum 50 foot vehicle use area setback is required from a street lot line. The
applicant is proposing to provide a 25 foot vehicle use area setback from Randall Road
and Bowes Road.
• 19.35.435 (E.I.c) Transition Building Setback. In the AB District, a transition
building setback is required from a transition lot line separating a business zoning
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Findings of Fact Planning and Development Commission
Petition 24-09 November 2, 2009
district from a residence zoning district. The required transition building setback from
the adjoining residence district boundary line for"The Reserve Subdivision"is 181 feet.
The proposed Walmart building is located 100 feet from the transition lot line. It
should be noted that a stormwater management basin is located on the residential side of
the transition lot line, providing more the 240 feet of separation between the proposed
commercial building and the actual residential property.
• 19.35.435 (H)Transition Landscape Yard. In the AB District,a transition landscape
yard is required to separate and screen vehicle use areas and commercial buildings from
an adjoining residence zoning district. The required transition landscape yard along the
adjoining residence district boundary line for"The Reserve Subdivision" is 90.5 feet.
The proposed vehicle use area behind the proposed Walmart building is located 50 feet
from the transition lot line. It should be noted that a stormwater management basin is
located on the residential side of the transition lot line, providing more the 160 feet of
separation between the proposed vehicle use area and the actual residential property.
• 19.50 Signs. The applicant is requesting more wall signs than permitted by code on
some storefronts (reference Sam' Club and Walmart Building and Sign Elevations).
The applicant is requesting the following additional departures from the standard requirements of the
zoning ordinance. For the purposes of this section, the most similar zoning district is the AB Area
-Business District. The applicant is requesting the following additional departures from the standard
requirements of the AB Area Business District:
1. Section 19.90.015 Fences and Walls. In the AB zoning district, the height of a solid
wall located within a street yard cannot exceed 3 feet in height. The applicant is
proposing a solid wall that ranges in height from 5 feet to 14 feet along Bowes Road to
screen the truck loading turn around area, and the pallet and bale recycling areas.
2. Section 19.45.170.B.5 Parking Areas — Surfacing. In the AB zoning district, the
ordinance requires that permeable surfacing materials be used when the number of
parking stalls provided exceeds the number of parking stalls required by the off-street
parking ordinance. The Walmart and Sam's Club retail stores are required to provide
four parking stalls per 1,000 square feet of retail space for a total of 1,254 stalls. The
applicant is proposing 4.88 stalls per 1000 square feet for the Walmart store and 4.64
stalls per 100 square feet for the Sam's Club for a total of 1,499 stalls resulting in an
increase of 245 stalls. The applicant is requesting that the additional stalls be paved in
the same material as the required stalls.
3. Section 19.50.070.D.5 Monument Graphics —Shopping Centers. In the AB zoning
district, the maximum surface area of a shopping center identification monument
graphic is 200 square feet allowed along each street frontage.The applicant is proposing
one shopping center identification graphic measuring 262 square feet in surface area
along each of the two street frontages to the property. The applicant is additionally
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Findings of Fact Planning and Development Commission
Petition 24-09 November 2, 2009
entitled to one 80 square foot monument sign per building. The applicant has chosen not
to construct the additionally monument graphics in lieu of the requested departure for
the shopping center identification graphics.
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:
Positive Attributes: The elevations and exterior building materials of the Walmart building have
been changed to match current branding,store layout and material requirements of the company.
The elevations that were formerly proposed to be clad in brick will be constructed in a
combination of exposed aggregate concrete panels, split faced concrete blocks with accents in
Exterior Insulated Finish Systems(EIFS) and a composite recycled material known as"Trespa."
A number of architectural features such as canopies,masonry arches,a variety of colors in earth
tones, alternating pattern of the windows and doors, and changes in the plane of the elevation
will provide architectural interest to all four elevations of the building.
Access to Reserve Drive will continue to be provided through the parking lot. Additional
landscaped islands and pedestrian sidewalks are provided around the perimeter and center of the
parking lots.
The truck loading and turn around area, and pallet and bale recycling areas will be screened with
a solid wall and substantial landscape material that will extend west to the westerly property line
and terminate at the fence proposed along the west property line. The southerly end of the wall
will extend to the corner of the building to screen the mechanical unit at that location.
B. Summary of Unresolved Issues.
There are no unresolved issues.
C. Summary of Alternatives.
There are no substantive alternatives to the proposal other than an approval,denial,or approval
with conditions.
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Findings of Fact Planning and Development Commission
_ Petition 24-09 November 2, 2009
RECOMMENDATION
The Planning and Development Commission hereby recommends the approval of Petition 24-09. On a
motion to recommend approval, subject to the following conditions, the vote was five (5) yes and one
(1) no:
1. Substantial conformance to the petitioner's Statement of Purpose and Development Plan
and attachments as follows,with revisions as required by the Community Development
Group:
i. Concept Plan Z (Sheet CN-Z), prepared by Atwell-Hicks dated September 22,
2009.
ii. Landscape Plans for Walmart and Sam's Club, along with notes and details,
(Sheets SD-32-36), prepared by Atwell-Hicks dated September 22; 2009.
iii. Building Elevations for the Walmart Store #1814 (Sheets 1-6 and Camera
Locations Key)prepared by PB2 Architecture&Engineering, dated August 24,
2009, revised and submitted to the City of Elgin on October 16; 2009..
iv. Building Elevations for the Sam's Club Store #4942 (Sheets 1-2) prepared by
Shade Lawrence O'Quinn Architects, dated September 8, 2009.
V. Signage elevations for Walmart and Sam's stores, sheet 1, prepared by Shade
Lawrence O'Quinn Architects, dated October 14, 2009.
2. Conformance with all applicable codes and ordinances.
Respectfully Submitted,
s/Robert Siljestrom
Robert Siljestrom, Chairman
Planning and Development Commission
s/ Matthew Fitz.aibbon
Matthew Fitzgibbon; Secretary
Planning and Development Commission
•
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