G55-12 Ordinance No. G55-12
• AN ORDINANCE
AMENDING PAB PLANNED AREA BUSINESS DISTRICT
ORDINANCE NO. G39-10
(High Point Plaza - 1350 East Chicago Street)
WHEREAS, the property was zoned PAB Planned Area Business District pursuant to
Ordinance No. G75-06; and
WHEREAS, Ordinance No. G39-10 amended Ordinance No. G75-06 in its entirety; and
WHEREAS, written application has been made to amend certain provisions of Ordinance
No. G39-10 by adding a list of "permitted and conditional uses" that will be subject to the
provisions of Chapter 19.10 Land Use; and
WHEREAS, after due notice in the manner provided by law, the Planning & Zoning
Commission conducted a public hearing concerning said application and has submitted its
written findings and recommendations; and
WHEREAS, the City Council of the City of Elgin concurs in the findings and
recommendation of the Planning & Zoning 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 August 6, 2012, made by the Planning & Zoning Commission, a copy of which is
attached hereto and made a part hereof by reference as Exhibit A.
Section 2. That Ordinance No. G39-10 entitled "An Ordinance Amending PAB
Planned Area Business District Ordinance No G75-06 for the Establishment of a Driving
School" passed August 11, 2010, be and is hereby amended only as set forth in this ordinance as
follows:
A. That Section 4 E. "Land Use," is amended by including the following additional
land uses within Subsection 1 — "Permitted Uses.":
Services Division
1. Laundry and garment services not elsewhere classified, provided no onsite
processing (7219)
2. Misc. personal services not elsewhere classified, excluding dating service;
escort service; massage parlors; steam baths; tattoo parlors; turkish baths;
wedding chapels; locker rentals (7299)
is
i
3. Business services not elsewhere classified, except apparel pressing service
for the trade; metal slitting and shearing, scrap steel cutting (7389)
4. "Car washes" [SR], in conjunction with a gas station only (7542)
5. Misc. repair shops and related services, not elsewhere classified, including
repair shops for bicycles, binoculars and other optical goods and
instruments, cameras and photographic equipment, dental, medical,
surgical, precision, and surveying instruments, leather goods, luggage,
pocketbooks, typewriters, tents, venetian blinds and window shades;
laboratory, nautical and navigational, and scientific instruments repair,
except electric; sharpening and repairing of knives, except saws and tools;
key duplicating; lock parts made to order and locksmiths shops; custom
picture framing (7699)
6. Kidney Dialysis Centers (8092)
7. Vocational schools (824)
8. Services not elsewhere classified, limited to offices only (899)
Retail Trade Division
9. "Motor vehicle service stations" [SR] (554)
10. Drive in restaurants; limit one on the out lot only (5812)
11. Drinking places (alcoholic beverages) (5813)
12. "Outdoor eating and drinking facilities" [SR], in generally shall be limited
• to the sidewalk in front of the associated tenant spaces and shall comply
with all local, state, and federal regulations at all times, including but not
limited to providing a 36-inch clear travel path through it as required by
the American Association of Disability Act Design Standards (UNCL)
13. Used merchandise stores, except pawnshops (593)
Wholesale Trade Division
(no wholesale trade division shall exceed more than two tenant spaces for the
entire shopping center)
14. Furniture and home furnishings (502)
15. Professional & commercial equipment and supplies (504)
16. Hardware and plumbing, and heating equipment and supplies (507)
17. Paper and paper products (511)
18. Drugs, drug proprietary, and druggists' sundries (512)
19. Apparel piece goods and notions (513)
20. Groceries and related products (514)
B. That Section 4 E. `'Land Use," is amended by including the following additional
land uses within Subsection 2 —"Conditional Uses."
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Services Division
1. Billiard parlors, pool parlors (7999)
2. Amusement and recreational services, not elsewhere classified, excluding
fortune tellers(7999)
3. Other schools and educational services, not elsewhere classified (829)
Section 3. That except as specifically amended herein Ordinance G39-10 shall
remain in full force and effect.
Section 4. That this ordinance shall be full force and effect immediately after its
passage in the manner provided by law.
OLI.�
David J. Kapl0h,Wor
Presented: September 26, 2012
Passed: September 26, 2012
Omnibus Vote: Yeas: 7 Nays: 0 �nssfwMU�
Recorded: September 26, 2012 ;
Published: September 28, 2012
Attest:
9U'4-'�
Kimberly Dewis, City Clerk
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August 6, 2012
PLANNING AND ZONING COMMISSION
RECOMMENDATION AND FINDINGS OF FACT
Development Community
OVERVIEW
Dearborn Construction and Development, Ltd., requests approval of an amendment to PAB Planned
Area Business District Ordinance Number G39-10, to provide for additional permitted and conditional
uses for the commercial shopping center located at 1350 East Chicago Street. The applicant is not
seeking approval for any one specifically named user or tenant.
GENERAL INFORMATION
Petition No.: 11-12
RECOMMENDATION: APPROVE, subject to conditions outlined at the conclusion of this report
(see Recommendation Detail)
• Applicant: Dearborn Construction and Development, Ltd.
Staff Coordinator: Denise Momodu, Associate Planner
History: After due notice as required by law, the Planning and Zoning Commission
held a public hearing and considered Petition 11-12 on August 6, 2012.
The applicant submitted a Statement of Purpose and Conformance dated
January 25, 2012 and testified at the public hearing_
List of Exhibits: A. Aerial/Location Map
B. Zoning Map
C. Parcel Map
D. Site Photos
E Development Application and Plans
F. Permitted. Conditional and Similar Use List Table
G. Draft PAB Ordinance
H. Transcript
BACKGROUND & PROJECT DETAIL
The 4.57-acre subject property was annexed in 1988 as part of the Woodland Creek Subdivision
• annexation to Elgin (Ordinance No. S8-88), and zoned B4 General Service Business District. In 1992,
as part of the comprehensive amendment to the zoning ordinance, it was rezoned to CI Commercial
Industrial District.
Exhibit A
• In 2006, the property was zoned PAB Planned Area Business District to permit the development of the
High Point Plaza Shopping Center (Ordinance No. G75-06). The shopping center, built in 2007,
contains 37,000 square feet of commercial space and 32 tenant spaces. In 2010, Ordinance No. G39-10
was adopted, which replaced G75-06 in its entirety and permitted the establishment of a driving school
at the shopping center. Since that time, three commercial tenants have required conditional use approval
to establish their uses on the property — (i) a package liquor store in 2008, (ii) a physical fitness facility
in 2010, and (iii)the recently approved outdoor drinking and eating area for McGruder's Irish Pub.
The granting of the requested amendment to the planned development can only be provided through an
approval that requires a public hearing and City Council approval.
FINDINGS OF FACT
Upon considering the amendment to the Ordinance G39-10, the Planning & Zoning Commission finds
that their findings of fact produced in relation to the original planned development application in 2006
still hold true. Specifically, the commission finds that the proposed list of uses consists of only those
uses, which are currently allowed either as permitted, conditional, or similar uses in the AB Area
Business District and ARC Arterial Road Corridor Overlay District. The provision of these additional
uses would increase the marketability of the property and attract additional users to the currently vacant
tenant spaces.
• PLANNED DEVELOPMENT DEPARTURES AND EXCEPTIONS
The subject property conforms to the requirements of Ordinance Number G39-10, which provided for
the development of the property. No additional development requiring any departure from the
requirements of the zoning ordinance is contemplated at this time.
RECOMMENDATION DETAIL
By a vote of seven (7) yes, zero (0) no, and one (1) abstention/recusal, the Planning & Zoning
Commission recommends approval of Petition 11-12, subject to the following conditions:
1. Substantial Conformance to the Statement of Purpose and Conformance for 1350 East Chicago
Street, Elgin, IL, submitted with the development application dated January 25, 2012. 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. Compliance with all other applicable codes and ordinances.
• Respectfully Submitted,
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s/Robert Siljestrom
• Robert Siljestrom, Chairman
Planning & Zoning Commission
s/ Sarosh Saher
Sarosh Saher, Secretary
Planning & Zoning Commission
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