G41-11 ,
Ordinance No. G41-11
AN ORDINANCE
GRANTING A CONDITIONAL USE FOR VARIOUS
ACTIVITIES, PROGRAMS, AND EVENTS IN THE
AB AREA BUSINESS DISTRICT AND ARC
ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT
(1600 Big Timber Road)
WHEREAS, written application has been made granting conditional use for various
activities,programs, and events in the AB Area Business District and ARC Arterial Road Corridor
Overlay District at 1600 Big Timber Road; and
WHEREAS,the Zoning and Subdivision Hearing Board 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 Zoning and Subdivision Hearing Board.
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 August 3, 2011, made by the Zoning and Subdivision Hearing Board, a copy of which is
attached hereto and made a part hereof by reference as Exhibit A.
Section 2. That a conditional use to permit dance activities,teaching,and instruction,public
dances, and ballroom dances (SIC 7911); entertainment offerings, such as live and/or recorded
music,entertainers,entertainment groups,or broadcasting live or pre-recorded movies or television
programs (SIC 7929); soccer games and practices, including league play and casual games;
amusement activities, such as games, bouncers, trampolines, batting cages, and other amusement
devices (SIC 7996); amusement concessions, amusement rides, and teaching and instruction of
sports, games, physical fitness, yoga, and martial arts (SIC 7999); religious services (SIC 8661);
private parties, weddings, and banquets; craft and trade shows (excluding any such activities
involving guns,other weapons,or alcohol);fashion shows;and other forms of public assembly,such
as speaker's forums and public service events, seminars, or presentations in the AB Area Business
District the ARC Arterial Road Corridor Overlay District at 1600 Big Timber Road and legally
described as follows:
PARCEL ONE:
That Part of the Southwest Quarter of fractional Section 3, Township 41 North,
Range 8 East of the Third Principal Meridian,described as follows: Commencing at
the intersection of the center line of North McLean Boulevard (formerly Sleepy
Hollow Road)with the North line of the right of way of the Chicago,Milwaukee, St.
Paul and Pacific Railroad,also being the South right of way line of Big Timber Road;
thence Westerly along said North right of way line and along said South right of way
line,a distance of 250.0 feet for the point of beginning;thence Northerly parallel with
the center line of said North McLean Boulevard, a distance of 500.0 feet; thence
Easterly parallel with said North right of way line of the railroad,a distance of 250.0
feet to said center line of North McLean Boulevard; thence Northerly along said
center line,a distance of 275.0 feet;thence Westerly parallel with said North right of
way line of the railroad, a distance of 637.15 feet,to a point that is 10 feet Westerly
of, measured perpendicular to, the center line of an existing railroad spur track;
thence Southerly parallel with said railroad spur track,a distance of 331.99 feet to a
point of curve; thence Southwesterly along a curve to the right having a radius of
468.34 feet and being tangent to the last described course and being parallel with said
railroad spur track, an arc distance of 568.31 feet to said North right of way line of
the railroad;thence Easterly along said North right of way line, a distance of 693.29
feet to the point of beginning;excepting therefrom that portion described as follows:
Commencing at the intersection of the center line of North McLean Boulevard
(formerly Sleepy Hollow Road) with the North right of way line of the Chicago,
Milwaukee, St. Paul and Pacific Railroad, also being the South right of way line of
Big Timber Road;thence Westerly along said North right of way line and along said
South right of way line, a distance of 250.0 feet; thence Northerly parallel with the
center line of North McLean Boulevard a distance of 500.0 feet for the point of
beginning of exception;thence Easterly parallel with said North right of way line of
the railroad, a distance of 250.0 feet to the center line of North McLean Boulevard;
thence Northerly, along said center line a distance of 275.0 feet; thence Westerly
parallel with said North right of way line of the railroad a distance of 637.15 feet to a
point that is 10.0 feet Westerly of,measured perpendicularly to the center line of an
existing railroad spur tract;thence Southerly parallel with said railroad spur track,a
distance of 3.0 feet;thence Easterly parallel with the North line of the right of way of
the railroad, a distance of 209.60 feet; thence Southerly perpendicular to the last
described course, a distance of 271.97 feet to a line drawn Westerly, parallel with
said North right of way line of the railroad from the point of beginning; thence
Easterly along said parallel line, a distance of 181.88 feet to the point of beginning,
being situated in the City of Elgin, Kane County, Illinois.
PARCEL TWO:
That part of the Southwest Quarter of Section 3,Township 41 North,Range 8 East of
the Third Principal Meridian,described as follows: Commencing at the intersection
of the centerline of North McLean Boulevard and the North line of the Chicago,
Milwaukee, St. Paul and Pacific Railroad; thence Westerly along said North line on
an assumed bearing of South 89 degrees 54 minutes 51 seconds West, 1042.76 feet;
thence North 0 degrees 59 minutes 57 seconds West parallel with the centerline of
North McLean Boulevard, 511.09 feet; to the point of beginning; thence North 0
degrees 59 minutes 57 seconds West parallel with the centerline of McLean
Boulevard 263.91 feet to a line that is 775.0 feet North of and parallel with the North
line of the Chicago, Milwaukee, St. Paul and Pacific Railroad; thence North 89
degrees 54 minutes 51 seconds East and parallel with said Northerly line 403.61 feet
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/• to a point 10.0 feet West , perpendicular to the centerline of an existing spur track;
thence South 0 degrees 54 minutes 57 seconds East parallel with said centerline
331.99 feet to a point of curve; thence Southwesterly along a curve to the right
having a radius of 468.34 feet and being tangent to the last described course and
being parallel with said railroad spur track an arc distance of 49.74 feet;thence North
88 degrees 05 minutes 21 seconds West 37.51 feet; thence North 01 degrees 30
minutes 28 seconds West 116.50 feet; thence South 89 degrees 54 minutes 51
seconds West 360.69 feet to the point of beginning, in the City of Elgin, Kane
County, Illinois.
PARCEL THREE:
An ingress and egress easement as created by Grant of Easement recorded September
4, 1985 as Document 1736858 over that part of the Southwest Quarter of fractional
Section 3, Township 41 North, Range 8 East of the Third Principal Meridian,
described as follows: Commencing at the intersection of the center line of North
McLean Boulevard(formerly Sleepy Hollow Road)with the North right of way line
of the Chicago,Milwaukee, St. Paul and Pacific Railroad,also being the South right
of way line of Big Timber Road;thence Westerly,along said North right of way line
and along said South right of way line, a distance of 250.00 feet; thence Northerly
parallel with said center line of North McLean Boulevard, a distance of 500.00 feet
for the point of beginning;thence Westerly parallel with said North right of way line
of the railroad,a distance of 50.00 feet;thence Northerly parallel with said center line
of North McLean Boulevard, a distance of 50.00 feet; thence Easterly,parallel with
said North right of way line of the railroad, a distance of 300.00 feet to said center
line of North McLean Boulevard;thence Southerly,along said center line,a distance
of 50.00 feet; thence Westerly parallel with said North right of way line of the
railroad,a distance of 250.00 feet to the point of beginning,being situated in the City
of Elgin, Kane County, Illinois.
PARCEL FOUR:
That part of the Southwest Quarter of Section 3,Township 41 North,Range 8 East of
the Third Principal Meridian,in the City of Elgin,Kane County,Illinois,described as
follows: Commencing at the intersection of the centerline of North McLean
Boulevard and the North line of the Chicago, Milwaukee, St. Paul and Pacific
Railroad;thence Westerly along said North line,on an assumed bearing of South 89
degrees 54 minutes 51 seconds West 1,042.76 feet; thence North 0 degrees 59
minutes 57 seconds West parallel with the centerline of North McLean Boulevard,
511.09 feet for the point of beginning;thence North 0 degrees 59 minutes 57 seconds
West, 263.91 feet along said parallel line; thence North 89 degrees 54 minutes 51
seconds East,615.26 feet parallel with the North line of said railroad;thence South 0
degrees 05 minutes 09 seconds East, 3.00 feet; thence South 89 degrees 54 minutes
51 seconds West, 612.21 feet parallel with the North line of said railroad; thence
South 0 degrees 59 minutes 57 seconds East,260.91 feet;thence South 89 degrees 54
minutes 51 seconds West, 3.00 feet to the point of beginning, Kane County,Illinois
(Property commonly known as 1600 Big Timber Road)
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be and is hereby granted subject to the following conditions:
1. Substantial conformance with the Statement of Purpose and Conformance,submitted
by Servando and Olga Rodriguez and Mateo and Iris Portillo,dated received June 28,
2011. In the event of any conflict between such Statement of Purpose and
Conformance and this ordinance or other applicable city ordinances,this ordinance or
other applicable city ordinances shall supersede and control.
2. Substantial conformance to the Petitioner's Floor Plan,prepared by JDM Associates,
last dated June 13, 2011.
3. Substantial conformance to the Parking Requirements Plan, prepared by JDM
Associates, last dated June 13, 2011.
4. The conditional uses authorized by this ordinance are limited to inside the easterly
11,100 square-foot portion of the main building(hereinafter referred to as"the East
Portion"). A conditional use authorized by this ordinance may also take place outside
such East Portion of the main building,but only upon that part of the property located
north and west of the main building, and only in accordance with the
"TEMPORARY USE"provisions of Section 19.90.015 of the Elgin Municipal Code,
1976.
5. At no time shall the entire occupancy of the East Portion exceed two hundred and
fifty(250) people. Signage describing this limit shall be prominently displayed.
6. When any conditional use event or temporary use occurs on weekdays after 5:00
p.m.,on holidays,and on weekends,all employees,including those persons operating
kiosks, shall park in the 1140 N. McLean Boulevard lot (PIN No. 06-03-351-041).
Before the first occurrence of such a conditional use event may occur,the owner of
1140 N. McLean Boulevard shall record a permanent easement with the Kane County
Recorder's Office, describing the allowances afforded the tenants of 1600 Big
Timber Road(to the extent same may not already exist). Said easement shall be in a
form and of content approved by the Director of Community Development(with such
standard applicable to any previously recorded easement that may already exist). The
Director of Community Development shall not unreasonably withhold the release of
said easement upon receipt of written request and finding that(a) 169 parking spaces
are available at 1600 Big Timber Road and that(b)all parking spaces conform to the
requirements of Chapter 19.45, Off Street Parking, of the Elgin Municipal Code,
1976. Similarly, the Director of Community Development shall consent to the
release of said easement upon the repeal of this ordinance by City Council, which
repeal shall be promptly processed upon written request from the owner of the
property.
7. Compliance with all applicable codes and ordinances.
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Section 3. That the conditional use granted herein shall expire if not established within one
year from the date of passage of this ordinance.
Section 4. That this ordinance shall be in full force and effect immediately after its passage
in the manner provided by law.
David J. Ka. .in, ayor
Presented: September 28, 2011
Passed: September 28, 2011
Vote: Yeas: 6 Nays: 1
Recorded: September 28, 2011
Published: September 30, 2011
Attest:
Kimberly Dewis, City Clerk
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PETITION 16-11
1600 Big Timber Road
FINDINGS OF FACT
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FINDINGS OF FACT August 3, 2011
Zoning and Subdivision Hearing Board City of Elgin,Illinois
SUBJECT
Consideration of Petition 16-11 Requesting a Conditional Use in the AB Area Business District,
to Permit Various Activities, Programs, and Events; Property Located at 1600 Big Timber Road
by Servando and Olga Rodriguez and Mateo and Iris Portillo, as Applicants, and Seigle
Investments, LLC-Big Timber Series, as Owner.
GENERAL INFORMATION
Requested Action: Conditional Use Approval
Current Zoning: AB Area Business District
Existing Use: Commercial Building
Property Location: 1600 Big Timber Road
Servando and Olga Rodriguez
Applicants: Mateo and Iris Portillo
Owner: Seigle Investments, LLC-Big Timber Series
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 Photo (see attached)
E. Environmental Photo (see attached)
F. Site Photos (see attached)
Findings of Fact Zoning and Subdivision Hearing Board
Petition 16-11 August 3, 2011
G. Application, Statement of Purpose and Floor Plan (see attached)
H. Draft Conditional Use Ordinance (see attached)
I. Related Correspondence (see attached)
BACKGROUND
An application has been filed by Servando and Olga Rodriguez and Mateo and Iris Portillo,
requesting a conditional use to permit various activities, programs, and events in the AB Area
Business District. The subject property is located at 1600 Big Timber Road (reference Exhibits
A, B, C, D, E and F).
The applicants are proposing to permit various activities, programs, and events within the eastern
portion of the existing store operated by Grand Plaza El Mesias, a flea market on the west side of
Elgin. These various activities, programs, and events require conditional use approval within
this AB Area Business District, and require a public hearing and City Council approval
(reference Exhibits G, H, and I).
GENERAL FINDINGS AND INFORMATION
After due notice, as required by law, the Zoning and Subdivision Hearing Board conducted a
public hearing in consideration of Petition 16-11 on August 3, 2011. Testimony was presented at
the public hearing and documentary evidence in support of the application was presented. No
objectors were present. The Community Development Department submitted a Conditional Use
Review dated July 29, 2011.
The Zoning and Subdivision Hearing Board considered the following information regarding the
property:
A. Zoning History. The subject property was zoned as follows:
1927: Out of City
1950: Out of City
1960: Out of City
1962 Out of City
1966: M-1 Limited Manufacturing District
1992: B-4 General Business District
Present AB Area Business District
ARC Arterial Road Corridor Overlay District
The subject property was annexed and classified M-1 Limited Manufacturing District in
1966. It was reclassified to B-4 General Service in 1985 under Ordinance No. G42-85
2
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 16-11 August 3, 2011
(Petition 21-85). The property was rezoned to AB Area Business District as part of the
comprehensive amendment to the zoning ordinance in 1992.
The Seigle Center building was built on the property in 1985.
B. Surrounding Land Use and Zoning. The area located north of the subject property is
zoned GI General Industrial District and is developed with the Windsors Commerce
Center Subdivision.
The area located west of the subject property is zoned AB Area Business District and is
developed with a fast food carry out restaurant and utility service use.
The area located east of the subject property is zoned AB Area Business District and is
developed with two automobile service stations, commercial, business and retail uses,
restaurants, and the Tyler Creek Plaza shopping center.
The area located south of the subject property is zoned CI Commercial Industrial District
and is developed with commercial and retail uses, business services, and manufacturing
uses.
The activities, programs, and events being proposed for the subject property are in
keeping with the land uses and zoning designations that exist in the area.
C. Trend of Development. The subject property is located within a commercial area that
offers business,personal services, and retail uses.
D. 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 conditional use will meet the purpose and intent of the AB Area Business
District in providing services to a communitywide population. The applicants are
requesting conditional use approval for assembly use activities their tenants would like to
conduct on the property which the tenants suggest will help increase sales. These uses
will be conducted in the easterly 11,100 square feet portion of the building and yard.
The Elgin Zoning Ordinance states that all land uses on a property must be conducted
within an enclosed building except where specifically provided otherwise. The applicant
acknowledges that any like activities, programs, and events may be permitted outdoors
pursuant only to the application for and issuance of a temporary use permit.
3
Findings of Fact Zoning and Subdivision Hearing Board
Petition 16-11 August 3, 2011
Various activities,programs, and events requesting conditional use approval: '4.1)
Description of Business Activity Area(s)of the Building
and Property
Dance studio and school; children's dancing school;dance East portion of building
instruction;and public dances(discotheque) and ballroom
dances(SIC 7911)
Entertainment offering bands,orchestras,actors,musicians, East portion of building
magicians and other entertainers and entertainment groups(SIC and(yard with temporary
7929) use permit)
Sports arena for soccer(allowing for league play,and for casual 5,550 sq. ft.at south end
play by members of the general public)(50-seat capacity) of east portion of building
Amusement activities,including children's amusement East portion of building
equipment,trampolines,batting cages,and similar activities and(yard with temporary
(SIC 7996) use permit)
Amusement concessions; amusement rides;baseball,soccer and East portion of building
other sports instruction; teaching of games;judo and karate and(yard with temporary
instruction; yoga instruction(SIC 7999) use permit)
Church services East portion of building
Movies and TV viewing for children East portion of building
Accessory activities requiring conditional use approval:
Music/vocal programs East portion of building and(yard
°.")
with temporary use permit)
Public service events (including seminars and East portion of building and(yard
presentations by private and public organizations) with temporary use permit)
Children's activities(such as games) East portion of building and(yard
with temporary use permit)
Speaker's forums East portion of building and(yard
with temporary use permit)
Fashion shows East portion of building and(yard
with temporary use permit)
Private parties,weddings and banquets East portion of building and(yard
with temporary use permit)
Entertainment offering movies and television viewing East portion of building
Craft and trade show(excluding any such activities East portion of building and(yard
involving guns or other weapons or alcohol) with temporary use permit)
STANDARDS FOR CONDITIONAL USES
The Zoning and Subdivision Hearing Board has made the following findings concerning the
conditional use standards:
4.4)
4
Findings of Fact Zoning and Subdivision Hearing Board
Petition 16-11 August 3,2011
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 an irregular shaped parcel containing 8.1231 acres of land. The
property is improved with a one-story, 37,500 square foot building, a paved vehicle use
parking lot, a nonconforming commercial operations yard, and landscaping.
There are no significant natural features located on the site.
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 services.
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 subject property is located on the north side of Big Timber Road and west of
McLean Boulevard. It has direct access to Big Timber Road and to North McLean
Boulevard to the east by way of an access road. Big Timber Road is an arterial street that
serves northwest Elgin and unincorporated Kane County to the west. McLean Boulevard
is an arterial street serving the west side of Elgin.
Off street parking is or will be provided in conformance with the off street parking
requirements.
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
official comprehensive plan.
5
Findings of Fact Zoning and Subdivision Hearing Board
Petition 16-11 August 3, 2011
Findings. The subject property is suitable for the intended conditional use with respect
to the Comprehensive Plan Standard.
The subject property is designated as "Employment Designations;
Office/Research/Industrial" by the City's Comprehensive Plan and Design Guidelines
dated 2005. The Office/Research/Industrial designation allows for a variety of industrial,
manufacturing, assembly, warehouse, distribution, reseach and development, technology,
corporate and support office, and limited employee-serving retail uses. These activities
typically locate in business parks. Appropriate locations offer direct access to the arterial
street system, and are in close proximity to highways, the freeway system and
interchanges.
The proposed land uses are assembly uses in keeping with the objectives and policies of
the "Employment Designations; Office/Research/Industrial" Comprehensive Plan
designation.
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: The proposed conditional uses would meet the purpose and intent of
the AB Area Business District in providing services to a communitywide population. The
applicants are requesting conditional use approval for assembly use activities their
tenants would like to conduct on the property in the interest of increasing retail sales.
These uses will be conducted in the easterly 11,100 square feet portion of the building
and yard.
6
•
Findings of Fact Zoning and Subdivision Hearing Board
Petition 16-11 August 3, 2011
rita
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 16-11, subject
to the following conditions:
1. Substantial conformance to the Petitioner's Application and Statement of Purpose and
Conformance, submitted by Servando and Olga Rodriguez and Mateo and his Portillo,
dated received June 28, 2011.
2. Substantial conformance to the Petitioner's Floor Plan, prepared by JDM Associates, last
dated June 13, 2011.
3. Substantial conformance to the Parking Requirements Plan,prepared by JDM Associates,
last dated June 13, 2011.
4. Compliance with all applicable codes and ordinances.
s/ Robert Langlois
Robert Langlois, Chairman
Zoning and Subdivision Hearing Board
s/ Sarosh Saher
Sarosh Saher, Secretary
Zoning and Subdivision Hearing Board
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PETITION 16-11
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PETITION 16-11
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