G23-13 Ordinance No. G23-13
AN ORDINANCE
AMENDING PAB PLANNED AREA BUSINESS DISTRICT
ORDINANCE NO. G90-03
(990 South Randall Road)
WHEREAS, the territory herein described has been classified in the PAB Planned Area
Business District under Ordinance No. G90-03; and
WHEREAS, written application has been made to amend PAB Planned Area Business
District Ordinance No. G90-03, to permit the installation of a directional graphic within the
subdivision commonly known as Randall Commons Subdivision; and
WHEREAS, after due notice in the manner provided by law, the Planning and 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, Illinois, has reviewed the findings and
recommendations of the Community Development Department.
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 May 6, 2013, made by the Planning and Zoning Commission, a copy of which is
attached hereto and made a part hereof by reference as Exhibit A.
Section 2. That Ordinance No. G90-03 entitled "An Ordinance Classifying Newly Annexed
Territory as PAB Planned Area Business District," passed November 5, 2003, be and is hereby
amended only as set forth in this ordinance as follows:
That Section 2 I. of Ordinance No. G90-03 entitled "Signs" is hereby amended to read as
follows:
"I. 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. An additional street
graphic not to exceed thirty-two (32) square feet in surface area will be permitted to be
installed at the entrance to the property at Shasta Daisy Drive. The graphic shall be
installed on the existing fence; and shall be subject to the provisions of Chapter 19.50,
Street Graphics of the Elgin Municipal Code, 1976, as amended.
•
And subject to the following conditions:
• 1. Substantial conformance with the Development Application, Statement of
Purpose, and attachments, prepared by Brian L. Heimberg, Esq of Brady &
Jensen, LLP, dated March 11, 2013. In the event of any conflict between such
documents and the provisions of this ordinance or other applicable city
ordinances, the provisions of this ordinance or other applicable city ordinances
shall supersede and control.
2. Substantial conformance to the undated photograph of the sign submitted with the
application, labeled Exhibit B.
3. Should access from the subject property to Randall Road or Bowes Road be
lawfully established, either directly or through an adjacent commercial property,
then this sign shall be removed.
4. Compliance with all applicable codes and ordinances.
Section 3. That except as amended herein; the use and development of the Subject
Property shall be controlled pursuant to the provisions of Ordinance No. G90-03. In the event of
any conflict between this ordinance, which expressly includes those documents detailed within
Section 2 and the allowances and departures described and provided thereon, and Ordinance No
G90-03, this ordinance and associated documents shall control and prevail.
• Section 4. That this ordinance shall be full force and effect immediately after its passage
in the manner provided by law.
David J. 16pt-0, MWor
Presented: July 10, 2013
Passed: July 10, 2013 �)
Omnibus Vote: Yeas: 9 Nays: 0
Recorded: July 10, 2013 FW
Published: July 11, 2013
Attest:
oc//-
Kimberly Dewis, City Clerk
• - 2 -
• AN ORDINANCE AMENDING CHAPTER 2.08 Ordinance No. G28-13
OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED,
ENTITLED "CITY COUNCIL"
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY ELGIN, ILLINOIS:
Section 1. That Section 2.08.070 of the Elgin Municipal Code, 1976, as amended,
entitled"Agenda and Order of Business" be and is hereby further amended to read as follows:
"2.08.070: AGENDA AND ORDER OF BUSINESS:
The city manager shall be responsible for the preparation of the agenda of city
council meetings. The city manager shall also place matters on the city council
agenda which are requested to be placed on the agenda by the mayor or a member
of the city council. Requests from the mayor or a member of the city council for
matters to be added to the agenda of the city council shall be to the city manager
not less than seven (7) days prior to the date of the meeting. Requests from
citizens for matters to be added to the agenda of the city council shall be
presented in written form to the city manager not less than fourteen (14) days
prior to the date of the meeting. The city manager shall determine whether to
place such matters requested by citizens on the city council agenda. The city
• manager shall inform the city council of all requests by citizens to add matters to
the agenda. The order of business to be observed at all meetings of the city
council shall be as follows, unless a majority vote of all councilmen present
suspends the established order of business:
A. Calling the meeting to order;
B. Invocation;
C. Pledge Of Allegiance;
D. Roll call of members;
E. Approval of the minutes of a previous meeting;
F. Communications addressed to the council;
G. Recognition of persons present;
H. Bids;
I. Other business;
J. Consent agenda;
K. Miscellaneous business including announcements and appointments;
L. Adjournment."
Section 2. That Section 2.08.080 of the Elgin Municipal Code, 1976, as amended,
entitled "Rules of Procedure" be and is hereby further amended by adding a new subparagraph
FF thereto to read as follows:
• "FF. The following additional rules of procedure shall apply to the naming of city-
owned facilities and rights-of-way:
1. The naming or renaming of any city-owned facility or right-of-way must
be approved by a vote of two-thirds of all members of the city council then
holding office.
2. A public hearing shall be held by the city council a minimum of two
weeks before final action on the naming or changing the name of a public
facility or right-of-way.
3. The voting requirement and other procedures in this subsection shall not
apply to the approval of a final plat of subdivision by the city council
which includes the naming of streets being dedicated to the city as part of
such final plat of subdivision."
Section 3. That resolutions 96-145 and 99-89 be and hereby repealed.
Section 4. That all ordinances or parts of ordinances in conflict with the provisions of
this ordinance be and hereby repealed to the extent of any such conflict.
Section 5. That this ordinance shall be in full force and effect upon its passage.
• ,e_,
avid 3. Ka n, Wyor
Presented: July 10, 2013
Passed: July 10, 2013
Vote: Yeas: 9 Nays: 0
Recorded: July 10, 2013
Published: July 11, 2013
Attest:
Kimberly Dewis, City Clerk
•
• May 6, 2013
FINDINGS OF FACT
Planning & Zoning Commission City of Elgin, Illinois
PROJECT OVERVIEW
Nick's Pizza & Pub (as Bowes & Randall, LLC) requests permission to retain a rigid sign attached to the
fence at the back entrance to the property. The city has worked with Nick's Pizza to provide a reasonable
solution to the problem for customers created when the Kane County Department of Transportation(KDOT)
removed access to the restaurant from Bowes Road,and this application for amendment is the culmination of
those efforts.
GENERAL INFORMATION
Petition Number: 07-13
Requested Action: Amendment to Planned Development Ordinance G90-03
Current Zoning: PAB Planned Area Business District
ARC Arterial Road Corridor Overlay District
Existing Use: Restaurant Building and Parking Area
Property Location: 990 South Randall Road
Applicants and Owners: Bowes & Randall. L.L.C. d/b/a Nick's Pizza& Pub
Staff Coordinator: Sarosh B. Saher. AICP
LIST OF EXHIBITS ATTACHED
A. Aerial/Location Map
B. Zoning Map
C. Parcel Map
D. Site Photos
E. Development Application and Drawings
F. Draft'Ordinance
•
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Exhibit A
Findings of Fact Planning & Zoning Commission
Petition 07-13 May 6, 2013
• BACKGROUND
The applicant proposes to install a rigid sign attached to the fence rather than installed as a free-standing sign
in front of the fence,despite the suggestion to the contrary within the Statement of Purpose. While proposed
to be permanent,the 32 square-foot sign otherwise conforms to all the provisions of a temporary sign and the
quality of this sign exceeds the quality of most typical temporary signs.
Nick's Pizza& Pub was annexed and zoned PAB Planned Area Business District in October 2003. In the
fall of 2011, as part of the intersection improvements required by the Kane County Department of
Transportation(KDOT)for the Walmart&Sam's Club shopping center,the full access from Bowes Road to
Nick's Pizza was removed. KDOT was additionally unwilling to allow Nick's Pizza to instead create a
right-in/right-out access point to Bowes Road at the same location where the full access once was. As a
-result of the removal of this access, all vehicular access arriving at the property from Randall Road and
westbound on Bowes Road must drive past the restaurant on Bowes Road to Shasta Daisy Drive,through a
residential neighborhood,and use a back entrance to the restaurant parking lot. Eastbound traffic on Bowes
Road must be aware to turn at Shasta Daisy Drive because the restaurant is not visible from the Bowes
Road/Shasta Daisy Drive intersection.
The ease with which persons can get to this property has therefore been negatively impacted because(1)its
arterial road access was removed, (2)the access allowed in return(via Shasta Daisy Drive)does not visibly
connect to the restaurant, and (3) the access provided goes through a residential neighborhood causing
. persons to think they have made a"wrong turn."
Staff has suggested to Nick's Pizza that,because of the negative impacts to access described above,we are
comfortable with this request; however, it would be difficult to support additional on-site signage. Nick's
Pizza is aware that, because of recent changes to the sign ordinance, Nick's Pizza may use the by-right
provisions within the Zoning Ordinance to install an LED sign on the existing monument sign facing Randall
Road.
FINDINGS OF FACT
After due notice, as required by law, the Planning & Zoning Commission held a public hearing in
consideration of Petition 07-13 on May 6, 2013. The applicant testified at the public hearing and presented
documentary evidence in support of the application. The Community Development Department submitted
its recommendations on the Amendment to the Planned Development, dated May 6, 2013.
The Planning&Zoning Commission has made the following findings regarding this application against the
standards for planned developments:
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.
•
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Findings of Fact Planning & Zoning Commission
Petition 07-13 May 6, 2013
• Findings. The proposed sign would not affect the suitability of the subject property for the intended
zoning district because the applicant does not propose to alter its size, shape, natural features, or
existing improvements. The Planning & Zoning Commission (formerly the Planning &
Development Commission) previously found that this standard was satisfactorily met and so
recommended approval to City Council in October 2003.
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 proposed sign would not affect the availability of public utilities to the subject
property because the applicant does not propose to alter said utilities. The subject property is served
with municipal water and sanitary sewer systems, and the stormwater facilities are in conformance
with the standards and regulations of the City of Elgin and Kane County Stormwater Management
Ordinances. The Planning & Zoning Commission (formerly the Planning & Development
Commission) previously found that this standard was satisfactorily met and so recommended
approval to City Council in October 200').
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 proposed sign would reduce traffic congestion(and increase safe and efficient off-site
vehicular circulation)by reducing the instances of customers making unnecessary"turn-arounds"at
the south end of the Columbine neighborhood when those customers think they have made a wrong
turn. On-site vehicular circulation and off-street parking are not affected by the proposed sign.
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 proposed sign does not change the purpose, use,or major development standards of
the current zoning district imposed upon the subject property. The Planning&Zoning Commission
(formerly the Planning & Development Commission) previously found that this standard was
satisfactorily met and so recommended approval to City Council in October 2003.
E. Surrounding 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 proposed sign does not change the purpose, use,or major development standards of
the current zoning district imposed upon the subject property. That being said, the proposed sign
• would help to facilitate efficient movement of vehicles traveling along Shasta Daisy Drive at the
southern end of the Columbine neighborhood which, in turn, increases compatibility of the subject
Findings of Fact Planning & Zoning Commission
Petition 07-13 May 6, 2013
• property with its residential neighbors to the west. The Planning&Zoning Commission(formerly
the Planning&Development Commission)previously found that this standard was satisfactorily met
and so recommended approval to City Council in October 2003.
F. Trend of Development Standard. The suitability of the subject property for the intended zoning
district with respect to consistency with an existingpattern ofdevelopment or an identifiable trend of
development in the area.
Findings. The proposed sign does not change the purpose,use,or major development standards of
the current zoning district imposed.upon the subject property. The Planning&Zoning Commission
(previously the Planning & Development Commission) previously found that this standard was
satisfactorily met and so recommended approval to City Council in October 200').
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 proposed sign does not change the purpose,use,or major development standards of the current
zoning district imposed upon the subject property.The Planning&Zoning Commission(previously
the Planning&Development Commission)previously found that this standard was satisfactorily met
and so recommended approval to City Council in October 2003.
• 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 proposed sign does not change the purpose, use,or major development standards of
the current zoning district imposed upon the subject property. As such, it does not alter the
development's conformance to the goals, objectives, and policies of the 1983 comprehensive plan.
The Planning & Zoning Commission (previously the Planning & Development Commission)
previously found that this standard was satisfactorily met and so recommended approval to City
Council in October 2003. Today, the 2005 Comprehensive Plan designates the subject property as
"Highway Commercial" and the current zoning is consistent with that 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 proposed sign does impact any natural features on the site.
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.
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Findings of Fact Planning & Zoning Commission
Petition 07-13 May 6, 2013
•
Findings. The property is improved with only one land use,and the proposed sign does not change
that use.The proposed sign is oriented to minimize its impact on the adjacent residential to the west.
That being said,the proposed sign would help to facilitate efficient movement of vehicles traveling
along Shasta Daisy Drive at the southern end of the Columbine neighborhood which, in turn,
decreases undue detrimental influence, if any, on surrounding property. The Planning & Zoning
Commission (previously the Planning & Development Commission) previously found that this
standard was satisfactorily met and so recommended approval to City Council in October 2003.
PLANNED DEVELOPMENT DEPARTURES AND EXCEPTIONS
The applicant is requesting permission to exceed the time period and number allowed for a temporary sign.
At this property,the zoning ordinance would allow six temporary signs per year,and each may be displayed
for up to 15 days. Because the reason for this request is to help ameliorate a permanent imposition on the
access to the property, it is not the intent of this request to restrict the allowances for other temporary signs.
Finally, because this sign would be permanent, the applicant would not be required to place a temporary
signs sticker on this sign.
UNRESOLVED ISSUES
• Staff is not aware of any unresolved issues. The applicant spoke with the President of the Columbine
Neighborhood Association, and the applicant's attorney reports that that person had no concerns with this
application. Similarly, the applicant sent letters to the two adjacent homeowners, and neither he nor staff
have received any objections to the request.
RECOMMENDATION
On a motion to approve the petition,the vote of the Planning&Zoning Commission was six(6)yes and zero
(0) no subject to the following conditions:
1. Substantial conformance with the Development Application, Statement of Purpose, and
attachments,prepared by Brian L. Heimberg,Esq.,of Brady&Jensen,LLP,dated March 11,
2013
2. Substantial conformance to the undated photograph of the sign submitted with the
application, labeled Exhibit B.
3. Should access from the subject property to Randall Road or Bowes Road be lawfully
established,either directly or through an adjacent commercial property,then this sign shall be
removed.
•
- 5 -
Findings of Fact Planning & Zoning Commission
Petition 07-13 May 6, 2013
• 4. Compliance with all applicable codes and ordinances.
Respectfully submitted:
s/Robert Siljestrom
Robert Siljestrom, Chairman
Planning & Zoning Commission
s/ Dave Waden
Dave Waden, Secretary
Planning & Zoning Commission
•
•
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