G53-10 Ordinance No. G53-10
•
AN ORDINANCE
GRANTING A MAP AMENDMENT FROM GI GENERAL INDUSTRIAL DISTRICT TO
PAB PLANNED AREA BUSINESS DISTRICT
(525 Tollgate Road)
WHEREAS, written application has been made requesting a map amendment from GI
General Industrial 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 October 4, 2010, 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 Area Business District the following
described property:
Lots 35 and 36 in North Elgin Industrial Plaza, according to the plat thereof recorded
September 17, 1973 as Document No. 1278513, excepting therefrom that part of said Lot
36 bounded by a line described as follows:
Beginning at the Northwest corner of said Lot 36; thence North 90° 00' 00" East, along
the North Line thereof, 170.04 feet; thence South 00° 00' 00" East, 349.42 feet; thence
North 90° 00' 00" East, 11.16 feet; thence South 00° 00' 00" East 108.00 feet; thence
south 58°22'22" West, 212.81 feet to a point in the West line of said Lot, 149.92 feet
North of the Southwest corner thereof, thence North 00°00'00" east, along said West
line, 569.01 feet to the place of beginning, all in the Southwest '/4 of Section 34,
Township 42 North, Range 8 East of the Third Principal Meridian, in the City of Elgin,
Kane County, Illinois (Property commonly known as 525 Tollgate Road).
•
i a
Section 3. That the City Council of the City of Elgin hereby grants the rezoning from
• GI General Industrial District to PAB Planned Area Business District for the property commonly
known as 525 Tollgate Road, 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 the 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 "[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. 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.
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 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 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.
A. 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:
1. Omitted.
2. Municipal services division:
Public parks, recreation, open space (UNCL) on a "zoning lot" [SR] containing
less than two (2) acres of land.
•
3. Offices division:
• "Offices" [SR] (UNCL).
4. Finance, insurance, and real estate division:
"Development sales offices" [SR] (UNCL).
Finance, insurance, and real estate (H).
5. Services division:
Advertising (731).
Armored car service (7381).
Automotive renting and leasing without drivers (751).
"Bed and breakfast inns" [SR] (7011).
Carpet and upholstery cleaning agents without plants on the premises (7217).
Carpet or rug cleaning, dying, and/or repairing plants (7217).
Church(8661) restricted to the tenant building at 525 Tollgate Road, Suites
A,B,C,D, E, and F, located within the Elgin Oaks Business Center.
Commercial, economic, sociological and educational research (8732).
Commercial, physical, and biological research (8731).
Computer programming, data processing and other computer related services
(737).
Computer rental and leasing (7377).
Consumer credit reporting agencies, mercantile reporting agencies, and
adjustment and collection agencies (732).
• Detective and guard services (7381).
Dry-cleaning plants (7216).
Electrical and electronic repair shops (7629).
Engineering, accounting, research, management and related services (87).
Home healthcare services (808).
"Hotels and motels" [SR] (701).
Industrial launderers (7218).
Job training and vocational rehabilitation services (833).
Legal services (811).
Libraries (82')).
Linen supply (7213).
Mailing, reproduction, commercial art and photography, and stenographic
services (733).
Management and public relations services (874).
Medical and dental laboratories (807).
Motion picture distribution and allied services (782).
Motion picture production and allied services (781).
News syndicates (7383).
Noncommercial research organizations (8733).
Offices and clinics of dentists (802).
Offices and clinics of doctors of medicine (801).
Offices and clinics of doctors of osteopathy (803).
• Offices and clinics of other health practitioners (804).
• Other schools and educational services (829).
Outdoor advertising services (7312).
Personnel supply services (736).
Photofinishing laboratories (7384).
Professional sports operators and promoters (7941).
Refrigerator and air conditioning service and repair (7623).
Rental of dogs for protective service (7381).
Reupholstery and furniture repair (764).
Security systems services (7382).
Services to dwellings and other buildings(734),
Tax return preparation services (7291).
Testing laboratories (8734).
Theatrical producers (792).
Truck route laundry and dry cleaning not operated by laundries or cleaners
(7212).
Vocational schools (824).
Watch, clock and jewelry repair (763).
6. Retail trade division:
Auction rooms (5999).
Automatic merchandising machine operators (5962).
Catalog and mail order houses (5961).
Direct selling establishments (5963).
• 7. Agricultural division:
Crop Services (072).
Farm labor and management services (076).
Landscape counseling and planning (0781).
Lawn and garden services (0782).
Ornamental shrub and tree services (0783).
Soil preparation services (071).
8. Construction division:
Building construction-general contrators and operative builders (15).
Construction- special trade contractors (17).
"Contractor's office and equipment areas" [SR] (UNCL).
Heavy construction-contractors (16).
9. Manufacturing division:
Apparel and other finished products made from fabrics and similar
materials (23).
Computer and office equipment (357).
Electronic and other electrical equipment and components (36).
Fabricated metal products (34).
Furniture and fixtures (25).
. Industrial and commercial machinery and equipment (35).
t '
• Leather and leather products (31).
Lumber and wood products (24).
Measuring, analyzing, and controlling instruments; photographic, medical, and
optical goods; and watches and clocks (38).
Primary metal industries (33).
Printing, publishing, and allied industries (27).
Rubber and miscellaneous plastics products (30).
Stone, clay, glass and concrete products (32).
Textile mill products (22).
Tobacco products (21).
Transportation equipment (37).
10. Wholesale trade division:
Apparel piece goods and notions (513).
Beer, wine and distilled alcoholic beverages (518).
Chemicals and allied products (516).
Drugs, drug proprietaries, and druggists' sundries (512).
Electrical goods (506).
Farm product raw materials (515).
Furniture and home furnishings (502).
Groceries and related products (514).
Hardware, and plumbing and heating equipment and supplies (507).
Lumber and other construction materials (503).
is Machinery, equipment, and supplies (508).
Metals and minerals, except petroleum (505).
Paper and paper products (511).
Petroleum and petroleum products (517).
Professional and commercial equipment and supplies (504).
11. Transportation, communication and utilities division:
"Amateur radio antennas" [SR] (UNCL).
Arrangement of passenger transportation (472).
Arrangement of transportation of freight and cargo (473).
Branch United States post offices (4311).
Bus charter service operators' offices (414).
Cable and other pay television services (484).
"Commercial antenna tower" [SR] (UNCL).
"Commercial antennas and antenna structures mounted on existing structures"
[SR] (UNCL).
Communication services not elsewhere classified (489).
Courier services (4215).
Freight forwarding in general (4731).
Intercity and rural bus transportation operators' offices (413).
"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).
• Local and suburban passenger transportation operators' offices (411).
Natural gas transmission and distribution (4922) (4924).
• Packing and crating (4783).
"Radio and television antennas" [SR] (UNCL).
Radio and television broadcasting stations (483)
Railroad operators' offices (401).
"Satellite dish antennas" [SR] (UNCL).
School bus operators' offices (415).
Taxicab operators' offices (412).
Telegraph and other message communications (482).
Telephone communications (481).
"Treatment, transmission and distribution facilities: poles, wires, cables
conduits, laterals, vaults, pipes, mains, and valves" [SR] (UNCL).
Trucking services (421).
12. Miscellaneous uses division:
"Accessory structures" [SR] (UNCL) to the permitted uses allowed in this PAB
Planned 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 this PAB
Planned Area Business District, subject to the provisions of section 19.10.400
of this title.
"Fences and walls" [SR] (UNCL).
"Loading facilities" [SR] (UNCL), exclusively "accessory" [SR] to a permitted
• use allowed in this PAB Planned Area Business District, subject to the
provisions of chapter 19.47 of this title.
"Parking lots" [SR] (UNCL), exclusively "accessory" [SR] to a permitted use
allowed in this Planned 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 Planned 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.
"Storage tanks" [SR] (UNCL).
"Temporary uses" [SR] (UNCL).
B. 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:
1. Municipal services division:
"Municipal facilities" [SR] on a zoning lot [SR] containing less than two (2)
acres of land.
2. Public administration division:
Public administration (J) on a zoning lot containing less than two (2) acres of
• land.
. 3. Services division:
Child daycare services (835).
Individual and family social services (832).
4. Retail trade division:
Carryout restaurants (5812).
Drinking places (alcoholic beverages) (5813).
Eating places (5812).
"Outdoor eating and drinking facilities" [SR] (UNCL).
5. Omitted.
6. Omitted.
7. Manufacturing division:
Chemicals and allied products (28).
Food and kindred products (20).
Paper and allied products (26).
8. Wholesale trade division:
Beer, wine, and distilled alcoholic beverages (518).
Lumber and other construction materials (503).
9. Transportation, communication, and utilities division:
"Conditional commercial antenna tower" [SR] (UNCL).
"Conditional commercial antennas and antenna structures mounted on existing
structures" [SR] (UNCL).
Courier services (4215).
Heliports (458).
Mixed, manufactured or liquefied petroleum gas production or distribution
(4925).
"Other radio and television antennas" [SR] (UNCL).
"Other satellite dish antennas" [SR] (UNCL).
Pipelines, except natural gas (461).
Terminal maintenance for motor freight transportation (423).
"Treatment, transmission, and distribution facilities: equipment, equipment
buildings, towers, exchanges, substations, regulators" [SR] (UNCL).
Water transportation (44).
10. Miscellaneous uses division:
"Accessory package liquor sales establishment" [SR] (UNCL).
"Accessory structures" [SR] (UNCL) to the conditional uses allowed in this
Planned 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 this PAB
y
Planned Area Business District, subject to the provisions of section 19.10.400 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.
"Planned developments" [SR] (UNCL) on a zoning lot containing less than tw
(2) acres of land, subject to the provisions of chapter 19.60 of this title.
C. Similar Uses: The following enumerated land uses shall be subject to
classification as a permitted use or as a conditional use in this PAB Planned Area
Business District or in a less restrictive zoning district, pursuant to subsection
19.10.400H of this title:
1. Services division:
Automotive services (7549).
Business services not elsewhere classified (7389).
Laundry and garment services not elsewhere classified (7219).
Miscellaneous health and allied services not elsewhere classified (809).
Miscellaneous personal services not elsewhere classified (7299).
Miscellaneous repair shops and related services (769).
• Services not elsewhere classified (899).
Social services not elsewhere classified (839).
2. Manufacturing division:
Miscellaneous manufacturing industries (39).
3. Wholesale trade division:
Miscellaneous durable goods (509).
Miscellaneous nondurable goods (519).
4.Transportation, communication and utilities division:
Special warehousing and storage not elsewhere classified (4226).
Transportation services not elsewhere classified (4789). (Ord. 33-07 § 4, 2007;
Ord. G65-05 § 8, 2005; Ord. G44-96 § 11, 1996; Ord. G82-95 § 1, 1995; Ord.
G81-95 § 1, 1995; Ord. G9-95 § 1, 1995; Ord. G23-94 §§ 25, 1994; Ord. G45-92
§ 2, 1992)
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 Planned Area Business District, the use of land and
structures shall be subject to the following conditions:
1. Substantial conformance to the Statement of Purpose and Conformance,
dated August 25, 2010, and to the Letter from the House of Restoration
Church, dated October 20, 2010, submitted by Pastor Jeff Robinson.
2. Substantial conformance to the Floor Plan, dated August 26, 2010,
submitted by Pastor Jeff Robinson.
3. The House of Restoration Church shall be restricted to the tenant building
at 525 Tollgate Road, Suites A, B, C, D, E, and F. located within the Elgin
Oaks Business Center.
4. The location, size and design of freestanding monument signs shall be
governed by regulations for signs located within a GI General Industrial
District to allow the signs currently on the property at 525 Tollgate Road
to remain in existence. All other graphics must meet the requirements of
Chapter 19.50 Street Graphics of the Elgin Municipal Code.
5. All refuse collection areas within the business park must be enclosed
within six (6) foot high solid masonry walls that match the brick and color
tones of the principal building structures. The materials to be used and the
• placement of the refuse collection areas should be approved by the
Community Development Group prior to permit approval.
6. Compliance with all other codes and ordinances.
H. Off-street Parking. Except as otherwise provided within this section, 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.
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, Signs, of the Elgin Municipal Code, 1976, as amended.
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
is Municipal Code, 1976, as amended. An application for conditional use may be
� r
• 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.
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 in full force and effect immediately after its
passage in the manner provided by law.
Ed Schock, Mayor
Presented: November 17, 2010
Passed: November 17, 2010 �-
Omnibus Vote: Yeas: 7 Nays: 0 L, g;
Recorded: November 17 2010
Published: November 19, 2010
Attest: z —
Diane Robertson, City Olerk
•
October 4. 2010
• FINDINGS OF FACT
Planning and Development Commission City of Elgin, Illinois
SUBJECT
Consideration of Petition 21-10 Requesting a Map Amendment from GI General Industrial
District to PAB Planned Area Business District to Allow for the Establishment of a Church;
Property Located at 525 Tollgate Road, by House of Restoration Church, as Applicant, and L.B.
Andersen & Co., Inc. and Daniel B. Light, as Owners.
GENERAL INFORMATION
Requested Action: Map Amendment
Current Zoning: GI General Industrial District
Proposed Zoning PAB Planned Area Business District
Existing Use: Office Business Park
Proposed Use: Church
Property Location: 525 Tollgate Road
Applicant: House of Restoration Church
Owner: L.B. Andersen & Co.. Inc. and Daniel B. Light
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)
Exhibit A
Findings of Fact Planning and Development Commission
Petition 21-10 October 4. 20 10
• F. Site Photos (see attached)
G. Statement of Purpose and Floor Plan (see attached)
H. Draft PAB Ordinance (see attached)
BACKGROUND
An application has been filed by House of Restoration Church, requesting approval of a map
amendment from GI General Industrial District to PAB Planned Area Business District, to
provide for the establishment of a church within a business park. The property is located at 525
Tollgate Road (reference Exhibits A, B, C, D, E, and F).
The applicant is requesting approval to establish the House of Restoration Church, using 5,000
square feet of tenant space within one of the multiple tenant commercial buildings located in the
Elgin Oaks Business Park complex.
Churches are not an allowed land use within the GI General Industrial District. A Map
Amendment from a GI General Industrial District to a PAB Planned Area Business District must
be approved to allow the church to be established (reference Exhibits G and H).
•
GENERAL FINDINGS
After due notice, as required by law, the Planning and Development Commission held a public
hearing in consideration of Petition 21-10 on October 4, 2010. The applicant testified at the
public hearing. No objectors to the petition were present. The Community Development Group
submitted a Map Amendment Review, dated September 29, 2010.
The Planning and Development Commission has made the following general findings:
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 a 6.79 acre commercial subdivision comprised of two irregular
shaped lots. The subdivision is currently developed with seven, one story commercial
buildings containing multiple tenant spaces configured in groups of four and three tenant
• spaces per building. There is also an assessory maintenance shed on site, along with
private access drives, parking areas, landscaped areas and sidewalks.
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Findings of Fact Planning and Development Commission
Petition 21-10 October 4, 2010
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 storm water
control facilities.
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 on Tollgate Road. Tollgate Road is a local road serving
the subject property and the surrounding commercial, industrial and institutional
properties.
• Off street 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.
The subject property was zoned as follows for the years listed:
1927: Outside City Limits
1950: Outside City Limits
1960: Outside City Limits
1962: Outside City Limits
1992: M-1 Limited Manufacturing
Present: GI General Industrial
The subject property was annexed to the City of Elgin in 1969 as part of the Miller-Davis
annexation and zoned M-1 Limited Manufacturing District. The property was developed
in 1979 as a portion of the North Elgin Industrial Plaza Mona Loa West development.
• The buildings were occupied under condominium ownership. The property was
reclassified in 1992 to GI General Industrial District as a part of the recent
comprehensive amendment to the zoning ordinance.
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Findings of Fact Planning and Development Commission
Petition 2 1-10 October 4, 2010
• E. Surroundin g 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 area north of the subject property is zoned AB Area Business District and is
undeveloped. The areas further north are zoned CF Community Facility District and PAB
Planned Area Business District and are developed with two churches, a gas station and
food related businesses.
The area south of the subject property includes the Northwest Tollway. The areas south
of the Tollway are zoned GI General Industrial District and CF Community Facility
District and are developed with office, industrial, and manufacturing uses and the Tyler
Creek Forest Preserve.
The area to the east of the subject property includes Route 31. Areas east of Route 31
are zoned AB Area Business District and PAB Planned Area Business District and are
developed with hotels, restaurants, commercial and office uses, and a church.
• The areas to the west of the subject property are zoned GI General Industrial District and
are developed with office, industrial, and manufacturing uses.
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 in an area developed with a mix of commercial, office,
industrial and church uses.
G. Planned Development District 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 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 Center City district.
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i
Findings of Fact Planning and Development Commission
Petition 2 1-10 October 4, 2010
I
• 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.
Planned area business districts should be located in substantial conformance to the
official comprehensive plan. The amount of land necessary to constitute a separate
planned business district exclusive of right 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
required minimum size of planned development district shall be granted from the city
council.
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 map amendment is in substantial conformance with the purpose and intent
of the planned development provisions of the ordinance. The subject property is zoned
GI General Industrial District and adjoins office and industrial buildings to the west. The
property is clearly an office business park built in a park setting. The property fits in with
the trend of development occurring to the north and east of it. The trend of development
within these areas include a mix of commercial, office, industrial and church uses.
The proposed church is consistent with the location of existing churches within the
surrounding area. There are currently two churches to the north of the subject property
and one to the east located in the shopping center on the east side of Route 31. Close
proximity to both Route 31 and to 1-90 makes this location and area suitable for churches
which can serve larger surrounding neighborhood areas connected by the arterial street
system.
The proposed church includes 100 members who meet for church services and spiritual
council on Sundays from 10:00 am to 12:30 pm. Approximately 50 members attend
bible studies on Thursdays from 7:30 pm to 9:00 pm. The church also holds special
social events and health fairs. The church will not have a negative impact on the parking
availability within the business park complex as services will not be conducted during
regular business hours.
•
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Findings of Fact Planning and Development Commission
Petition 21-10 October 4, 2010
• 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 suitable for the intended zoning district with respect to
the Comprehensive Plan Standard.
The subject property is designated "Highway Commercial" in the City's Comprehensive
Plan and Design Guidelines dated 2005. Areas designated Highway Commercial
typically serves surrounding neighborhood areas, but also larger trade areas connected by
the arterial street system. They may include all of the commercial uses found in the
mixed-use centers. In addition, they typically include highway-serving uses such as fast
food restaurants, auto-oriented uses such as tire stores, service stations, auto parts stores,
and other stand alone retail uses. These commercial areas are generally auto dominated
with few pedestrian amenities.
The proposed land use is in keeping with the objectives and policies of the "Highway
Commercial" comprehensive plan designation.
I. 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.
There are no significant natural features present at the subject property worthy of
preservation.
J. Internal Land Use Standard. The suitability of the subject property for the intended
planned development with respect to the land uses permitted within the development
being located, designed, and operated so as to exercise no undue detrimental influence on
each other or on surrounding property.
Findings. The subject property is suitable for the intended planned development with
respect to the internal land use standard.
No evidence has been submitted or found that the proposed planned development will be
located, designed, or operated in a manner that will exercise undue detrimental influence
on itself or surrounding property. The planned district ordinance is intended to prevent
undue detrimental influence on the proposed internal land uses within the subject
property and on surrounding properties.
•
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Findings of Fact Planning and Development Commission
Petition 21-10 October 4, 2010
PLANNED DEVELOPMENT DEPARTURES AND EXCEPTIONS
A planned development may be granted certain departures from the normal standards,
regulations, requirements, and procedures 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 departure from the standard requirements of the AB Area Business
District:
Section 19.35.430 Land Use. A church is not listed as a permitted use in the AB Area Business
District. The applicant is proposing to include a church within the list of permitted uses in the
AB Area Business District that will be specifically restricted to tenant spaces A-F at 525 Tollgate
Road.
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 proposed map amendment is in substantial conformance with the
purpose and intent of the planned development provisions of the ordinance. The subject
property is zoned GI General Industrial District and adjoins office and industrial
buildings to the west. The property is clearly an office business park built in a park
setting. The property fits in with the trend of development occurring to the north and east
of it. The trend of development within these areas include a mix of commercial, office,
industrial and church uses.
The proposed church is consistent with the location of existing churches within the
surrounding area. There are currently two churches to the north of the subject property
and one to the east located in the shopping center on the east side of Route 31. Close
proximity to both Route 31 and to 1-90 makes this location and area suitable for churches
which can serve larger surrounding neighborhood areas connected by the arterial street
system.
The proposed church includes 100 members who meet for church services and spiritual
council on Sundays from 10:00 am to 12:30 pm. Approximately 50 members attend
bible studies on Thursdays from 7:30 pm to 9:00 pm. The church also holds special
social events and health fairs. The church will not have a negative impact on the parking
availability within the business park complex as services will not be conducted during
regular business hours.
•
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Findings of Fact Planning and Development Commission
Petition 2 1-10 October 4, 2010
B. Summary of Unresolved Issues.
Other than an approval, a denial, or an approval with some combination of conditions,
there are no substantive alternatives.
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 the approval of Petition 21-10. On a
motion to recommend approval, subject to the following conditions, the vote was six (6) yes, and
zero (0) no.
1. Substantial conformance to the Statement of Purpose and Conformance, dated August 25,
2010, and to the Letter from the House of Restoration Church, dated October 20, 2010,
submitted by Pastor Jeff Robinson.
2. Substantial conformance to the Floor Plan, dated August 26, 2010, submitted by Pastor
Jeff Robinson.
3. The House of Restoration Church shall be restricted to the tenant building at 525 Tollgate
Road, Suites A, B, C, D, E, and F, located within the Elgin Oaks Business Center.
4. The location, size and design of freestanding monument signs shall be governed by
regulations for signs located within a GI General Industrial District to allow the signs
currently on the property at 525 Tollgate Road to remain in existence. All other graphics
must meet the requirements of Chapter 19.50 Street Graphics of the Elgin Municipal
Code.
5. All refuse collection areas within the business park must be enclosed within six (6) foot
high solid masonry walls that match the brick and color tones of the principal building
structures. The materials to be used and the placement of the refuse collection areas
should be approved by the Community Development Group prior to permit approval.
6. Compliance with all other codes and ordinances.
• Therefore, the motion to recommend approval of Petition 2 1-10 was adopted.
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f ,
Findings of Fact Planning and Development Commission
Petition 21-10 October 4, 2010
•
Respectfully Submitted,
s/ Bob Siljestrom
Bob Siljestrom, Chairman
Planning and Development Commission
s/ Denise Momodu
Denise Momodu, Secretary
Planning and Development Commission
•
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