AN ORDINANCE RECLASSIFYING TERRITORY IN THE CI COMMERCIAL INDUSTRIAL DISTRICT TO PAB PLANNED AREA BUSINESS DISTRICT (1200 East Chicago Street)

Transcription

1 Ordinance No. Gx-15 AN ORDINANCE RECLASSIFYING TERRITORY IN THE CI COMMERCIAL INDUSTRIAL DISTRICT TO PAB PLANNED AREA BUSINESS DISTRICT (1200 East Chicago Street) WHEREAS, written application has been made to reclassify certain property located at 1200 East Chicago Street from CI Commercial Industrial District to PAB Planned Area Business District; 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 with the Findings and Recommendation of the Community Development Department and 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 May 4, 2015, made by the Community Development Department and Planning & Zoning 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 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: That part of Sections 17, 18 and 20, Township 41 north, Range 9, east of the Third Principal Meridian, described as follows: Commencing at the northeast corner of Section 19, Township 41 north, Range 9, east of the Third Principal Meridian, thence south on the east line thereof 8.95 chains, thence south 63 degrees west 24 chains to the corner of what was known as Burritt Land; thence north 3 ½ degrees east chains to the north line of Section 19; thence in the same direction 7.68 chains on Section 18 aforesaid to the highway leading to Elgin; thence following the center of said highway south 73 ¾ degrees east 8.81 chains for the Point of Beginning; thence north 16 ½ degrees east 4.46 chains; thence south 73 ¾ degrees east

2 10.60 chains to the east line of said Section 18; thence in the same direction on Section 17 aforesaid 5.10 chains to L. Herricks west line; thence south 3 ½ degrees west 4.57 chains to the center of highway aforesaid; thence along said highway northwesterly chains to the Point of Beginning, in Cook County, Illinois (commonly known as 1200 East Chicago Street). Section 3. That the City Council of the City of Elgin hereby grants the rezoning from CI Commercial Industrial District to PAB Planned Area Business District at 1200 East Chicago Street which shall be designed, developed, and operated subject to the following provisions: A. Purpose and Intent. The purpose of the PAB planned area business district is to provide commodities and services to several neighborhoods, and in some instances to a communitywide or regional supporting population, subject to the provisions of chapter of the zoning ordinance. A PAB zoning district is most similar to, but departs from the standard requirements of the AB zoning district. 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, 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 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, as may be amended from time to time. D. Zoning Districts - Generally. In this PAB Planned Area Business District, the use and development of land and structures shall be subject to the provisions of Chapter 19.07, Zoning Districts, as may be amended from time to time. E. Location and Size of District. PAB Planned Area Business Districts should be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate PAB 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, unless such land is located between any nonresidential zoning district, and any residence district or an residence conservation district, which all have frontage on the same block. No departure from the required minimum size of a planned district shall be granted by the City Council. F. Land Use. In this PAB Planned Area Business 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, as amended. The following land uses shall be the only permitted uses allowed within this PAB zoning district.

3 Sale of new automobiles (defined to include passenger vehicles, sport utility vehicles, vans and pickups) and accessory uses customarily accessory to such new automobile retail sales, including without limitation: the sale of used automobiles; the sale of automobile parts and tires; the performance of automobile service, repairs and maintenance; the operation of a car wash for dealership and customer vehicles; in-house financial services pertaining to automobile sales. G. Site Design. In this PAB Planned General District, the use and development of land and structures shall be subject to the provisions of Section 19.12, Site Design, of the Elgin Municipal Code, as amended. The development of land and structures shall be in substantial conformance with the following: 1. Substantial conformance to the Application and supporting documents submitted by Peter C. Bazos, dated received March 20, 2015, including the following exhibits: a. Statement of Purpose and Conformance prepared by Attorney Peter C. Bazos. b. Plat of Survey prepared by Manhard Consulting Ltd, dated June 23, c. Site Development Exhibits entitled New Elgin Hyundai, 1200 E. Chicago Street, Elgin, IL, and comprising of the following drawings: i. Site Plan for New Elgin Hyundai, prepared by Bill G. Kokalias, Axios Architects and Consultants, last revised date March 24, ii. Architectural, Structural and Electrical Drawings, prepared by Bill G. Kokalias, Axios Architects and Consultants, dated February 5, iii. Proposed Sign Package, prepared by AGI Architectural Graphics Inc., dated March 27, In the event of any conflict between the foregoing documents and this ordinance or any other applicable city ordinances, this ordinance or other applicable city ordinances shall supersede and control. 2. Compliance with all other applicable codes and ordinances. H. Off Street Parking. In this PAB Planned Area Business District, off street parking shall be subject to the provisions of Chapter 19.45, Off Street Parking, of the Elgin Municipal Code, as may be amended except as specified within this ordinance.

4 I. Off Street Loading. In this PAB Planned Area Business District, off street loading shall be subject to the provisions of Chapter 19.47, Off Street Loading, as may be amended from time to time. J. Signs. In this PAB Planned Area Business District, signs shall be subject to the provisions of 19.50, Signs, as may be amended from time to time except as provided for within Ordinance G22-09 entitled An Ordinance Establishing Special Regulations for Street Graphics for the Route 19/East Chicago Street Area of Special Character and additionally stipulated as follows: 1. The Building shall be allowed the installation of wall graphics in substantial conformance to the Development Exhibits specified within Section 3.G. of this ordinance. 2. Replacement of said existing free-standing graphics will require full compliance with the requirements of Ordinance G22-09 entitled An Ordinance Establishing Special Regulations for Street Graphics for the Route 19/East Chicago Street Area of Special Character. K. Planned Developments. In this PAB Planned Area Business District, the use and development of the land and structures shall be subject to the provisions of Chapter 19.60, Planned Developments, as may be amended from time to time. A conditional use for a planned development may be requested by the property owner without requiring an amendment to this PAB zoning district. L. Conditional Uses. In this PAB Planned Area Business District, application for conditional uses shall be subject to the provisions of Chapter 19.65, Conditional Uses, as may be amended from time to time. A conditional use may be requested by the property owner without requiring an amendment to this PAB zoning district. M. Variations. In this PAB Planned Area Business District, application for variation shall be subject to the provisions of Chapter 19.70, Variations, as may be amended from time to time. A variation may be requested by the property owner without requiring an amendment to this PAB zoning district. N. 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, as may be amended from time to time. Section 4. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law.

5 s/ David J. Kaptain, Mayor Presented: Passed: Omnibus Vote: Yeas: Recorded: Published: Nays: Attest: s/ Kimberly Dewis, City Clerk

6 PETITION East Chicago Street TRANSCRIPTS

7 Transcript of PETITION 07-15: RLE PROPERTY CORP. Date: May 4, 2015 Case: CITY OF ELGIN PLANNING & ZONING COMMISSION PLANET DEPOS Phone: Fax: Internet: Worldwide Court Reporting Interpretation Trial Services

8 1 1 BEFORE THE PLANNING AND ZONING COMMISSION 2 OF THE CITY OF ELGIN x 5 In Re: : 6 Request for Map Amendment, : No RLE Property Corp; Property : 8 Located at 1200 East Chicago : 9 Street. : x HEARING 14 Elgin, Illinois Monday, May 4, :44 p.m Job No.: 75392E 22 Pages: Reported by: Melanie L. Humphrey-Sonntag, 24 CSR, RDR, CRR, CCP, FAPR

9 PETITION 07-15: RLE PROPERTY CORP. CONDUCTED ON MONDAY, MAY 4, Hearing held at the location of: ELGIN CITY COUNCIL CHAMBERS 5 Second Floor, North Tower Dexter Court 7 Elgin, Illinois (847) Before Melanie L. Humphrey-Sonntag, a Certified 14 Shorthand Reporter, Registered Diplomate Reporter, and 15 a Notary Public in and for the State of Illinois PLANET DEPOS - CHICAGO AREA REALTIME

10 PETITION 07-15: RLE PROPERTY CORP. CONDUCTED ON MONDAY, MAY 4, PRESENT: 2 ROBERT SILJESTROM, Chairman 3 KAREN BEYER, Member 4 JAY COX, Member 5 BETH A. KRUGER, Member 6 LORETTA REVESZ, Member 7 8 ALSO PRESENT: 9 CHRISTOPHER J. BECK, Assistant Corporation 10 Counsel 11 MARC MYLOTT, Community Development Director 12 DENISE MOMODU, Associate Planner 13 SAROSH SAHER, Senior Planner 14 DAVE WADEN, Senior Planner PLANET DEPOS - CHICAGO AREA REALTIME

11 PETITION 07-15: RLE PROPERTY CORP. CONDUCTED ON MONDAY, MAY 4, P R O C E E D I N G S 2 CHAIRMAN SILJESTROM: Okay. Moving ahead, 3 the next one is what we call a map amendment. The 4 number is And, again, I have to ask Ms. Momodu, do you 6 have evidence of proper notice? 7 MS. MOMODU: Yes, we do. 8 CHAIRMAN SILJESTROM: Do you have any 9 indication of interested parties? 10 And I see no names here. 11 MS. MOMODU: Yeah, I believe one person 12 signed it. 13 CHAIRMAN SILJESTROM: Would you then 14 summarize the petition and introduce the Petitioners, 15 please. 16 MS. MOMODU: Certainly. 17 Tonight we have Mr. Peter Bazos here 18 representing RLE Property Corporation, who's 19 requesting a map amendment to rezone a property from 20 Commercial Industrial to a Planned Area Business 21 District to allow for the redesign and renovation of 22 the existing Toyota motor vehicle dealership only. 23 Mr. Bazos, if you please want to do a brief 24 presentation. PLANET DEPOS - CHICAGO AREA REALTIME

12 PETITION 07-15: RLE PROPERTY CORP. CONDUCTED ON MONDAY, MAY 4, CHAIRMAN SILJESTROM: Mr. Bazos, the floor 2 is yours, sir. 3 MR. BAZOS: Commissioners, my name, for the 4 record, is Peter Bazos. I'm an attorney here in 5 Elgin. And I represent the Petitioner, RLE Property 6 Corporation, who is the landowner as well as the 7 Petitioner here. 8 Here with me this evening is my client's 9 general contractor, Mr. Mike Nagle of the Chicago 10 contracting firm of MAW Chicago. 11 My client or one of its affiliates owns the 12 Hyundai automobile franchise that's currently 13 operating at 881 East Chicago Street, closer to 14 downtown from the subject property. So the Hyundai 15 franchise is currently operating in a smaller leased 16 facility, and the lease is soon to expire. 17 Our client also owns the subject property, 18 which is 1200 East Chicago Street, a soon-to-be vacant 19 auto facility that up -- that as of this moment is 20 being used by Elgin Toyota. 21 And our client wants to move the Hyundai 22 franchise to the soon-to-be vacated Toyota site, which 23 will be a larger site, thereby allowing more cars, new 24 and used cars, to be inventoried and sold and, I think PLANET DEPOS - CHICAGO AREA REALTIME

13 PETITION 07-15: RLE PROPERTY CORP. CONDUCTED ON MONDAY, MAY 4, without question, to generate more sales tax revenue 2 for the City. 3 The reason we're here this evening is 4 that -- and I believe you folks are veterans at this 5 far more than I on this particular topic -- 6 Denise Momodu has been kind enough to educate me on 7 all you've been through -- that automobile 8 franchisors -- in this case, Hyundai, but they all 9 do -- they all have their facade requirements, their 10 branding standards, their look and feel. 11 And the renovation of this subject 12 property -- which will not involve any expansion of 13 the footprint of the building or, really, any outside 14 site improvements other than some signage that we'll 15 talk about -- requires the installation of some metal 16 panels on the building and in one -- in one case -- in 17 excess of your size requirement. 18 And the second reason we're here tonight is 19 signage, some signage departures. 20 And so we're asking -- we would ask for a 21 planned development approval, but the property is 22 currently zoned in the CI District, Commercial 23 Industrial, and the CI District doesn't allow for 24 planned developments. PLANET DEPOS - CHICAGO AREA REALTIME

14 PETITION 07-15: RLE PROPERTY CORP. CONDUCTED ON MONDAY, MAY 4, So as has been done by you and the City 2 Council in the past, we're asking that the property be 3 map-amended to AB, Area Business, and then make it a 4 PAB. So it would be a map-amended to a PAB so as to 5 accommodate the exterior building materials and the 6 signage requests. 7 Do we have the sample building materials 8 here? 9 Would you mind just handing them to the Plan 10 Commission. They can look at them. 11 MS. MOMODU: Yes, sir. 12 MR. BAZOS: On the north elevation of the 13 building there is -- as the staff report indicates, 14 there's a percent of that face has metal 15 cladding, while your ordinance limits the percentage 16 to 25 percent, so we're asking a departure for that. 17 I would like to note that the City Council 18 has not long ago approved Ford, which had, I'm told, 19 up to a hundred percent cladding on one wall, and Kia, 20 which had 50 percent on another wall. 21 Our only departure is on our north wall, of percent. The other walls all comply with the percent standard. 24 The second departure has to do with wall PLANET DEPOS - CHICAGO AREA REALTIME

15 PETITION 07-15: RLE PROPERTY CORP. CONDUCTED ON MONDAY, MAY 4, signage, and we're asking for three, but we're only 2 allowed -- and, Denise, correct me if I'm wrong -- 3 we're only allowed one. 4 MS. MOMODU: That's correct. 5 MR. BAZOS: But the south elevation, which 6 is the elevation that faces Chicago Street, is 7 considered to have two wall elevations -- or wall 8 signs -- because one says "Elgin" and then, separated 9 at some distance to the right, says "Hyundai." 10 And so while it's supposed to read "Elgin 11 Hyundai," for aesthetic purposes -- design purposes, 12 you know -- it was separated, so all of a sudden 13 it becomes two signs. If it were closer, it would 14 be one. 15 The third sign is on the east elevation, and 16 it says "Certified Preowned." 17 All three of these wall signs meet your size 18 limitations. The reason that there are three is that, 19 again, Hyundai requires that their sales points have 20 this kind of information. I don't suppose Hyundai 21 would care if we said "Elgin," but I think we should 22 care that it says "Elgin." 23 There's also a sign near the service 24 entrance that said -- it may say "Service Entrance" PLANET DEPOS - CHICAGO AREA REALTIME

16 PETITION 07-15: RLE PROPERTY CORP. CONDUCTED ON MONDAY, MAY 4, and it's 27 square feet in size. Your ordinance 2 allows, as I understand it, only 10 square feet for a 3 service entrance. 4 Kia was allowed in excess of 10 square feet, 5 and I'm told that -- and staff can correct me if I'm 6 wrong. I'm told that staff actually feels 10 square 7 feet is a bit small to educate customers on where to 8 turn in, where to go, on-site traffic circulation square feet is actually fairly tiny, so we're 10 asking for that departure. 11 And, finally, monument signage. The 12 ordinance allows, apparently, one monument sign per 13 product line, meaning if you sell -- as Toyota did Toyota-Scion, that's two different products. 15 This facility is only going to sell Hyundai. 16 Nevertheless we're requesting two monument signs, one 17 that says "Elgin Hyundai" and one that says "Certified 18 Preowned." 19 There are already two monument signs on this 20 site, on this Toyota site, that, in effect, say what 21 we're proposing to say, only just the different 22 wording, and this was approved by the City Council not 23 long ago, so the City Council already blessed the 24 notion of two monument signs on this site. PLANET DEPOS - CHICAGO AREA REALTIME

17 PETITION 07-15: RLE PROPERTY CORP. CONDUCTED ON MONDAY, MAY 4, I also would like to give you, if I may, 2 three handouts that -- we took pictures on Chicago 3 Street. One is Biggers Chevrolet that has 4 three signs, even though it only has one -- three -- 5 let me be more clear -- three freestanding signs even 6 though it only has one product line. 7 The next is Ford, which has two freestanding 8 signs even though it only has one product line. And 9 the last one is Mazda, which has two even though it 10 has only one. 11 If I may, Ms. Kruger CHAIRMAN SILJESTROM: Please do that, 13 Mr. Bazos. 14 MR. BAZOS: -- pass it down. 15 Thank you. 16 CHAIRMAN SILJESTROM: It's important for 17 information like that to be given to the Commission. 18 MR. BAZOS: So, you know, we believe there's 19 precedent that the City Council has allowed this in 20 the past, and we hope that you'll recommend approval 21 on that basis and especially given that the City 22 Council allowed Toyota to have two signs and we're 23 primarily moving into the Toyota space. 24 As to the size of these two monument signs, PLANET DEPOS - CHICAGO AREA REALTIME

18 PETITION 07-15: RLE PROPERTY CORP. CONDUCTED ON MONDAY, MAY 4, a single monument sign cannot exceed 30 feet. Our two 2 proposed monument signs are 25 feet and 20 feet. 3 If there are two monument signs -- and 4 I'm Denise's student on all this. So if I say this 5 wrong, Denise, correct me. 6 If there are two monument signs, the maximum 7 square footage of each can't be more than 180, so that 8 would be a total of 360 square feet. 9 Our monument signs are 249 plus 104, which 10 totals up to 353, so we're under the total, although 11 one of the signs is more and one is less. I'd like to 12 point out that both Ford and Kia were granted similar 13 substantial size requirements -- departures from the 14 signage, the strict limitations. 15 So in summary, Commissioners, this project 16 is going to be a major upgrade to this site that will 17 soon be vacant when Toyota moves out. It's an older 18 facility. 19 This Hyundai move-in will be a big 20 renovation. It will allow the Hyundai franchise to 21 stay in Elgin and sell more cars than it does now and, 22 hopefully, increase the City's revenues. The 23 departures are consistent with others that have been 24 relatively recently approved by the City Council. PLANET DEPOS - CHICAGO AREA REALTIME

19 PETITION 07-15: RLE PROPERTY CORP. CONDUCTED ON MONDAY, MAY 4, And I guess I'll end it, then. Mr. Nagle is 2 here if you have any construction or design questions. 3 But other than that, thank you. 4 CHAIRMAN SILJESTROM: Okay. Let's see what 5 members of the Commission may have in terms of 6 requests for information. 7 Ms. Kruger -- 8 MEMBER KRUGER: Okay. 9 CHAIRMAN SILJESTROM: -- comments, steps, 10 thoughts, questions. 11 MEMBER KRUGER: Well, for one, I'm really 12 glad somebody's going to step right into the Toyota 13 dealership right away. 14 I have a Toyota and I knew they were going 15 to be moving very shortly, so I think it's great that 16 Hyundai is taking the lead and taking that over. 17 I like the material that you presented, and 18 I really like what you're doing here. 19 I really don't have any other comments at 20 this time. 21 CHAIRMAN SILJESTROM: Ms. Beyer, your 22 thoughts, your comments, your questions for Mr. Bazos. 23 MEMBER BEYER: We have been met with similar 24 requests in the past and have approved them. I don't PLANET DEPOS - CHICAGO AREA REALTIME

20 PETITION 07-15: RLE PROPERTY CORP. CONDUCTED ON MONDAY, MAY 4, think anything you're asking for is much different, 2 and I, too, am delighted that that building is going 3 to be reused and upgraded as you're saying. 4 That's all. 5 CHAIRMAN SILJESTROM: Ms. Revesz. 6 MEMBER REVESZ: You said overall the signage 7 is still within the ordinances? One -- as far as -- 8 you're asking for additional signages, but 9 I understand that the overall total, if I heard you 10 correctly MR. BAZOS: The combined square footage of 12 the two freestanding signs is 353, and the maximum 13 would have been 360 if you combined the two. 14 MEMBER REVESZ: Okay. 15 Also, Mr. Bazos makes a compelling argument 16 about we have done this before. And, again, we're 17 back at the same thing where we keep doing the same 18 thing over again, so are we also going to look at our 19 sign ordinance in the future, also? Because we keep 20 going over in -- the same things and keep granting 21 conditional uses and changes. 22 MR. MYLOTT: Well, especially along the Chicago Street here. We also regularly discuss 24 whether or not we need to amend our design guidelines PLANET DEPOS - CHICAGO AREA REALTIME

21 PETITION 07-15: RLE PROPERTY CORP. CONDUCTED ON MONDAY, MAY 4, as it relates to the metal cladding, especially here 2 along Chicago Street. 3 But considering -- at least up to this 4 point, nothing that we would have created would have 5 prevented any of these Applicants from having to come 6 to ask you for something. Because maybe we would have 7 taken care of the sign requirements, but then, at the 8 same time, there would have been a request for a 9 departure from the zoning requirement. And so at this 10 point nothing we would have done would have saved 11 anybody any time. 12 But notwithstanding that, we're definitely 13 watching these and monitoring their request and seeing 14 if we don't need to consider some changes to what 15 we're doing, especially along this location. 16 MEMBER REVESZ: On the car dealership area? 17 MR. MYLOTT: Yes. 18 MEMBER REVESZ: Thank you. 19 Thank you, Mr. Bazos. 20 MR. BAZOS: Thank you. 21 CHAIRMAN SILJESTROM: Mr. Cox, questions, 22 comments, thoughts for Mr. Bazos. 23 MEMBER COX: No. On the whole I look 24 forward to it. PLANET DEPOS - CHICAGO AREA REALTIME

22 PETITION 07-15: RLE PROPERTY CORP. CONDUCTED ON MONDAY, MAY 4, Before we call the roll on this petition, 2 I do have one question since we're talking about 3 minutiae of square footages. 4 On the service sign -- which it sounds like 5 you referenced staff even feels 10 square feet is 6 small. 7 Do you know what the area would be -- 8 just -- simply just for the record -- I don't mind the 9 aesthetics; I'll say that -- if the Hyundai logo was 10 removed, considering there's one on a portion of the 11 building not too far down the facade? 12 Just in the mind-set of what is really a 13 hardship, if that was removed, would we meet that square feet? 15 There's an oval. If you're kind of trying 16 to figure out what I'm talking about, information 17 provided in the packet was able to calculate something 18 like that. Or maybe staff can comment. 19 MR. MYLOTT: I don't know if you could even 20 see it. 21 MEMBER COX: Well, it's close. It looks 22 like the other "Service" is about 6 1/2 feet by MR. MYLOTT: Does that say "18 inches" or 24 "16 inches"? PLANET DEPOS - CHICAGO AREA REALTIME

23 PETITION 07-15: RLE PROPERTY CORP. CONDUCTED ON MONDAY, MAY 4, MR. BAZOS: Is this the one you're talking 2 about? 3 MEMBER COX: Yes, sir. 4 MS. MOMODU: Yes. 5 MR. MYLOTT: Give us one second, sir. We'll 6 see if we can get you a number. 7 MEMBER COX: That sounds good. 8 MR. BAZOS: While they're calculating, we -- 9 you know, we -- again, we have to deal with our 10 master. I don't know that they would pull the plug 11 for deleting their little Hyundai logo at that service 12 entrance but MEMBER COX: I don't mind -- like I said, 14 I don't mind the aesthetic. It's just that, since it 15 was brought up as a point of information, I just 16 wanted to -- kind of, again, for the citizens at 17 large -- just say, "Well, is the Commission truly 18 doing their homework?" And I feel that the service 19 entrance would function just as well if it simply said 20 "Service." 21 And a rough calculation by you /2 by /2 -- comes up with 9 3/4 square feet. So in my 23 opinion, the request for a departure for something 24 just adding the branding is not really required. And PLANET DEPOS - CHICAGO AREA REALTIME

24 PETITION 07-15: RLE PROPERTY CORP. CONDUCTED ON MONDAY, MAY 4, I -- basically, what I wanted to do was just bring 2 that out as a point of information. 3 MR. MYLOTT: From our rough calculations -- 4 give us plus or minus -- that the word "Service" in 5 and of itself is at 10 square feet. 6 MEMBER COX: Right. I agree, as well. 7 So my point, again, just for the citizens at 8 large, is that that argument made about that sign 9 being square feet being too small is actually 10 flawed, that the word "Service" could be there by 11 itself and meet the requirements of the ordinance 12 and MR. MYLOTT: Yes, sir. 14 MEMBER COX: -- still function just as well 15 for the person bringing in a vehicle for service. 16 MR. BAZOS: Now I see -- I finally see your 17 point. I'm a little slow here. Thanks. 18 MEMBER COX: It's fine. Maybe I asked it in 19 a way that was confusing, but I just -- I find that, 20 you know, getting beat over the head sometimes with 21 branding is not required for everyone when we have a 22 very distinct color, when we have words repeated. 23 I would like to definitely increase areas when we have 24 the word "Elgin" for those kinds of things so -- PLANET DEPOS - CHICAGO AREA REALTIME

25 PETITION 07-15: RLE PROPERTY CORP. CONDUCTED ON MONDAY, MAY 4, MR. BAZOS: Thank you. 2 CHAIRMAN SILJESTROM: Before you depart, 3 Mr. Bazos, I have before me a document with an 4 interested party by the name of Michael Nagle, West Northwest Highway in Palatine. 6 MR. BAZOS: That is my companion here. 7 CHAIRMAN SILJESTROM: That is your 8 companion, sir. 9 Do you have a wish to make a statement, sir? 10 MR. NAGLE: (No verbal response.) 11 CHAIRMAN SILJESTROM: Okay. Let the record 12 show that Mr. Nagle was invited to speak and chose 13 not to. 14 Thank you, Mr. Bazos. 15 MR. BAZOS: Thank you. 16 CHAIRMAN SILJESTROM: Ms. Momodu, will you 17 give us a quick summary and then staff's 18 recommendation, please. 19 MS. MOMODU: The Community Development 20 Department recommends approval of Petition subject to the two conditions listed on page 9 of our 22 staff report dated May 4th, And as Mr. Bazos said, that's -- City 24 Council has approved similar type of petitions along PLANET DEPOS - CHICAGO AREA REALTIME

26 PETITION 07-15: RLE PROPERTY CORP. CONDUCTED ON MONDAY, MAY 4, East Chicago Street for auto dealerships. 2 CHAIRMAN SILJESTROM: Thank you. 3 All right. Then the Chair will entertain a 4 motion on MEMBER COX: Mr. Chairman, I'd move to 6 recommend that the City Council approve Petition subject to the conditions outlined within our packet 8 plus the condition to remove the logo -- the Hyundai 9 over the service entrance and have the sign simply say 10 "Service" and to adopt as findings of the Commission 11 those findings also provided within our packet. 12 CHAIRMAN SILJESTROM: Is there a second? 13 MEMBER REVESZ: Yes, there's a second. 14 CHAIRMAN SILJESTROM: Okay. Any discussion? 15 (No response.) 16 CHAIRMAN SILJESTROM: Secretary, please call 17 the roll. 18 MR. SAHER: Ms. Beyer. 19 MEMBER BEYER: Yes. 20 MR. SAHER: Mr. Cox. 21 MEMBER COX: Yes. 22 MR. SAHER: Ms. Kruger. 23 MEMBER KRUGER: So I don't see a need to put 24 in the condition that they not provide the logo over PLANET DEPOS - CHICAGO AREA REALTIME

27 PETITION 07-15: RLE PROPERTY CORP. CONDUCTED ON MONDAY, MAY 4, the service -- with the service sign. 2 I mean, that provides their logo and their 3 branding and -- that they're following their branding 4 all the way through on every other sign that they're 5 providing except that one to decrease the size so that 6 it meets the 10 square feet. 7 So I -- 8 CHAIRMAN SILJESTROM: The Chair will move 9 that there is a motion. And is it yes or no? 10 MEMBER KRUGER: Okay. Yes, I do, with the 11 condition I just stated. 12 MR. SAHER: So your vote is yes? 13 MEMBER KRUGER: Yes. 14 MR. SAHER: Ms. Revesz. 15 MEMBER REVESZ: Yes. 16 MR. SAHER: Chairman Siljestrom. 17 CHAIRMAN SILJESTROM: Yes. 18 Mr. Bazos, sir, that will be our 19 recommendation to City Council. 20 MR. BAZOS: Thank you. Thank you very much. 21 CHAIRMAN SILJESTROM: Okay. 22 (Off the record at 9:05 p.m.) PLANET DEPOS - CHICAGO AREA REALTIME

28 PETITION 07-15: RLE PROPERTY CORP. CONDUCTED ON MONDAY, MAY 4, CERTIFICATE OF SHORTHAND REPORTER 2 3 I, Melanie L. Humphrey-Sonntag, Certified 4 Shorthand Reporter No , CSR, RDR, CRR, CCP, 5 FAPR, and a Notary Public in and for the County of 6 Kane, State of Illinois, the officer before whom the 7 foregoing proceedings were taken, do certify that the 8 foregoing transcript is a true and correct record of 9 the proceedings, that said proceedings were taken by 10 me stenographically and thereafter reduced to 11 typewriting under my supervision, and that I am 12 neither counsel for, related to, nor employed by any 13 of the parties to this case and have no interest, 14 financial or otherwise, in its outcome IN WITNESS WHEREOF, I have hereunto set my 17 hand and affixed my notarial seal this 17th day of 18 May, My commission expires: May 31, Notary Public in and for the 24 State of Illinois PLANET DEPOS - CHICAGO AREA REALTIME

29 PETITION 07-15: RLE PROPERTY CORP. CONDUCTED ON MONDAY, MAY 4, A AB 7:3 able 15:17 accommodate 7:5 adding 16:24 additional 13:8 adopt 19:10 aesthetic 8:11 16:14 aesthetics 15:9 affiliates 5:11 affixed 21:17 ago 7:18 9:23 agree 17:6 ahead 4:2 allow 4:21 6:23 11:20 allowed 8:2,3 9:4 10:19 10:22 allowing 5:23 allows 9:2,12 amend 13:24 amendment 1:6 4:3,19 anybody 14:11 apparently 9:12 Applicants 14:5 approval 6:21 10:20 18:20 approve 19:6 approved 7:18 9:22 11:24 12:24 18:24 area 4:20 7:3 14:16 15:7 areas 17:23 argument 13:15 17:8 asked 17:18 asking 6:20 7:2,16 8:1 9:10 13:1,8 Assistant 3:9 Associate 3:12 attorney 5:4 auto 5:19 19:1 automobile 5:12 6:7 B back 13:17 basically 17:1 basis 10:21 Bazos 4:17,23 5:1,3,4 7:12 8:5 10:13 10:14,18 12:22 13:11,15 14:19 14:20,22 16:1,8 17:16 18:1,3,6 18:14,15,23 20:18,20 beat 17:20 BECK 3:9 believe 4:11 6:4 10:18 BETH 3:5 Beyer 3:3 12:21,23 19:18,19 big 11:19 Biggers 10:3 bit 9:7 blessed 9:23 branding 6:10 16:24 17:21 20:3,3 brief 4:23 bring 17:1 bringing 17:15 brought 16:15 building 6:13,16 7:5,7,13 13:2 15:11 Business 4:20 7:3 C C 4:1 calculate 15:17 calculating 16:8 calculation 16:21 calculations 17:3 call 4:3 15:1 19:16 car 14:16 care 8:21,22 14:7 cars 5:23,24 11:21 case 6:8,16 21:13 CCP 1:24 21:4 Certainly 4:16 CERTIFICATE 21:1 Certified 2:13 8:16 9:17 21:3 certify 21:7 Chair 19:3 20:8 Chairman 3:2 4:2,8,13 5:1 10:12,16 12:4,9 12:21 13:5 14:21 18:2,7,11 18:16 19:2,5,12 19:14,16 20:8 20:16,17,21 CHAMBERS 2:4 changes 13:21 14:14 Chevrolet 10:3 Chicago 1:8 5:9,10,13,18 8:6 10:2 13:23 14:2 19:1 chose 18:12 CHRISTOPHER 3:9 CI 6:22,23 circulation 9:8 citizens 16:16 17:7 City 1:2 2:4 6:2 7:1,17 9:22,23 10:19 10:21 11:24 18:23 19:6 20:19 City's 11:22 cladding 7:15,19 14:1 clear 10:5 client 5:11,17,21 client's 5:8 close 15:21 closer 5:13 8:13 color 17:22 combined 13:11,13 come 14:5 comes 16:22 comment 15:18 comments 12:9,19,22 14:22 Commercial 4:20 6:22 commission 1:1 7:10 10:17 12:5 16:17 19:10 21:20 Commissioners 5:3 11:15 Community 3:11 18:19 companion 18:6,8 compelling 13:15 comply PLANET DEPOS - CHICAGO AREA REALTIME

30 PETITION 07-15: RLE PROPERTY CORP. CONDUCTED ON MONDAY, MAY 4, :22 condition 19:8,24 20:11 conditional 13:21 conditions 18:21 19:7 confusing 17:19 consider 14:14 considered 8:7 considering 14:3 15:10 consistent 11:23 construction 12:2 contracting 5:10 contractor 5:9 Corp 1:7 Corporation 3:9 4:18 5:6 correct 8:2,4 9:5 11:5 21:8 correctly 13:10 Council 2:4 7:2,17 9:22 9:23 10:19,22 11:24 18:24 19:6 20:19 counsel 3:10 21:12 County 21:5 Court 2:6 Cox 3:4 14:21,23 15:21 16:3,7,13 17:6,14,18 19:5 19:20,21 created 14:4 CRR 1:24 21:4 CSR 1:24 21:4 currently 5:12,15 6:22 customers 9:7 D D 4:1 dated 18:22 DAVE 3:14 day 21:17 deal 16:9 dealership 4:22 12:13 14:16 dealerships 19:1 decrease 20:5 definitely 14:12 17:23 deleting 16:11 delighted 13:2 Denise 3:12 6:6 8:2 11:5 Denise's 11:4 depart 18:2 Department 18:20 departure 7:16,21,24 9:10 14:9 16:23 departures 6:19 11:13,23 design 8:11 12:2 13:24 development 3:11 6:21 18:19 developments 6:24 Dexter 2:6 different 9:14,21 13:1 Diplomate 2:14 Director 3:11 discuss 13:23 discussion 19:14 distance 8:9 distinct 17:22 District 4:21 6:22,23 document 18:3 doing 12:18 13:17 14:15 16:18 downtown 5:14 E E 4:1,1 east 1:8 5:13,18 8:15 19:1 educate 6:6 9:7 effect 9:20 elevation 7:12 8:5,6,15 elevations 8:7 Elgin 1:2,14 2:4,7 5:5 5:20 8:8,10,21 8:22 9:17 11:21 17:24 employed 21:12 entertain 19:3 entrance 8:24,24 9:3 16:12 16:19 19:9 especially 10:21 13:22 14:1 14:15 evening 5:8 6:3 evidence 4:6 exceed 11:1 excess 6:17 9:4 existing 4:22 expansion 6:12 expire 5:16 expires 21:20 exterior 7:5 F facade 6:9 15:11 face 7:14 faces 8:6 facility 5:16,19 9:15 11:18 fairly 9:9 FAPR 1:24 21:5 far 6:5 13:7 15:11 feel 6:10 16:18 feels 9:6 15:5 feet 9:1,2,4,7,9 11:1,2 11:2,8 15:5,14 15:22 16:22 17:5,9 20:6 figure 15:16 finally 9:11 17:16 financial 21:14 find 17:19 findings 19:10,11 fine 17:18 firm 5:10 flawed 17:10 floor 2:5 5:1 folks 6:4 following 20:3 footage 11:7 13:11 footages 15:3 footprint 6:13 Ford 7:18 10:7 11:12 foregoing 21:7,8 forward 14:24 franchise 5:12,15,22 11:20 franchisors 6:8 PLANET DEPOS - CHICAGO AREA REALTIME

31 PETITION 07-15: RLE PROPERTY CORP. CONDUCTED ON MONDAY, MAY 4, freestanding 10:5,7 13:12 function 16:19 17:14 future 13:19 G G 4:1 general 5:9 generate 6:1 getting 17:20 give 10:1 16:5 17:4 18:17 given 10:17,21 glad 12:12 go 9:8 going 9:15 11:16 12:12 12:14 13:2,18 13:20 good 16:7 granted 11:12 granting 13:20 great 12:15 guess 12:1 guidelines 13:24 H hand 21:17 handing 7:9 handouts 10:2 hardship 15:13 head 17:20 heard 13:9 Hearing 1:13 2:1 held 2:1 hereunto 21:16 Highway 18:5 homework 16:18 hope 10:20 hopefully 11:22 Humphrey-Son... 1:23 2:13 21:3 hundred 7:19 Hyundai 5:12,14,21 6:8 8:9,11,19,20 9:15,17 11:19 11:20 12:16 15:9 16:11 19:8 I Illinois 1:14 2:7,15 21:6 21:24 important 10:16 improvements 6:14 inches 15:23,24 increase 11:22 17:23 indicates 7:13 indication 4:9 Industrial 4:20 6:23 information 8:20 10:17 12:6 15:16 16:15 17:2 installation 6:15 interest 21:13 interested 4:9 18:4 introduce 4:14 inventoried 5:24 invited 18:12 involve 6:12 J 3:9 JAY 3:4 Job 1:21 J K Kane 21:6 KAREN 3:3 keep 13:17,19,20 Kia 7:19 9:4 11:12 kind 6:6 8:20 15:15 16:16 kinds 17:24 knew 12:14 know 8:12 10:18 15:7 15:19 16:9,10 17:20 Kruger 3:5 10:11 12:7,8 12:11 19:22,23 20:10,13 L L 1:23 2:13 21:3 landowner 5:6 large 16:17 17:8 larger 5:23 lead 12:16 lease 5:16 leased 5:15 Let's 12:4 limitations 8:18 11:14 limits 7:15 line 9:13 10:6,8 listed 18:21 little 16:11 17:17 Located 1:8 location 2:1 14:15 logo 15:9 16:11 19:8 19:24 20:2 long 7:18 9:23 look 6:10 7:10 13:18 14:23 looks 15:21 LORETTA 3:6 M major 11:16 map 1:6 4:3,19 map-amended 7:3,4 MARC 3:11 master 16:10 material 12:17 materials 7:5,7 MAW 5:10 maximum 11:6 13:12 Mazda 10:9 mean 20:2 meaning 9:13 meet 8:17 15:13 17:11 meets 20:6 Melanie 1:23 2:13 21:3 Member 3:3,4,5,6 12:8,11 12:23 13:6,14 14:16,18,23 15:21 16:3,7,13 17:6,14,18 19:5 19:13,19,21,23 20:10,13,15 members 12:5 met 12:23 metal 6:15 7:14 14:1 Michael PLANET DEPOS - CHICAGO AREA REALTIME

32 PETITION 07-15: RLE PROPERTY CORP. CONDUCTED ON MONDAY, MAY 4, :4 Mike 5:9 mind 7:9 15:8 16:13,14 mind-set 15:12 minus 17:4 minutiae 15:3 moment 5:19 Momodu 3:12 4:5,7,11,16 6:6 7:11 8:4 16:4 18:16,19 Monday 1:15 monitoring 14:13 monument 9:11,12,16,19,24 10:24 11:1,2,3,6 11:9 motion 19:4 20:9 motor 4:22 move 5:21 19:5 20:8 moves 11:17 move-in 11:19 moving 4:2 10:23 12:15 MYLOTT 3:11 13:22 14:17 15:19,23 16:5 17:3,13 N N 4:1 Nagle 5:9 12:1 18:4,10 18:12 name 5:3 18:4 names 4:10 near 8:23 need 13:24 14:14 19:23 neither 21:12 Nevertheless 9:16 new 5:23 north 2:5 7:12,21 Northwest 18:5 notarial 21:17 Notary 2:15 21:5,23 note 7:17 notice 4:6 notion 9:24 notwithstanding 14:12 number 4:4 16:6 O O 4:1 officer 21:6 Okay 4:2 12:4,8 13:14 18:11 19:14 20:10,21 older 11:17 on-site 9:8 operating 5:13,15 opinion 16:23 ordinance 7:15 9:1,12 13:19 17:11 ordinances 13:7 outcome 21:14 outlined 19:7 outside 6:13 oval 15:15 overall 13:6,9 owns 5:11,17 P P 4:1 PAB 7:4,4 packet 15:17 19:7,11 page 18:21 Pages 1:22 Palatine 18:5 panels 6:16 particular 6:5 parties 4:9 21:13 party 18:4 pass 10:14 percent 7:14,16,19,20,22 7:23 percentage 7:15 person 4:11 17:15 Peter 4:17 5:4 petition 4:14 15:1 18:20 19:6 Petitioner 5:5,7 Petitioners 4:14 petitions 18:24 pictures 10:2 Plan 7:9 planned 4:20 6:21,24 Planner 3:12,13,14 PLANNING 1:1 please 4:15,23 10:12 18:18 19:16 plug 16:10 plus 11:9 17:4 19:8 point 11:12 14:4,10 16:15 17:2,7,17 points 8:19 portion 15:10 precedent 10:19 Preowned 8:16 9:18 PRESENT 3:1,8 presentation 4:24 presented 12:17 prevented 14:5 primarily 10:23 proceedings 21:7,9,9 product 9:13 10:6,8 products 9:14 project 11:15 proper 4:6 property 1:7,7 4:18,19 5:5 5:14,17 6:12,21 7:2 proposed 11:2 proposing 9:21 provide 19:24 provided 15:17 19:11 provides 20:2 providing 20:5 Public 2:15 21:5,23 pull 16:10 purposes 8:11,11 put 19:23 p.m 1:16 Q question 6:1 15:2 questions 12:2,10,22 14:21 quick PLANET DEPOS - CHICAGO AREA REALTIME

33 PETITION 07-15: RLE PROPERTY CORP. CONDUCTED ON MONDAY, MAY 4, :17 R R 4:1 RDR 1:24 21:4 read 8:10 really 6:13 12:11,18,19 15:12 16:24 reason 6:3,18 8:18 recommend 10:20 19:6 recommendation 18:18 20:19 recommends 18:20 record 5:4 15:8 18:11 20:22 21:8 redesign 4:21 reduced 21:10 referenced 15:5 Registered 2:14 regularly 13:23 related 21:12 relates 14:1 relatively 11:24 remove 19:8 removed 15:10,13 renovation 4:21 6:11 11:20 repeated 17:22 report 7:13 18:22 Reported 1:23 Reporter 2:14,14 21:1,4 represent 5:5 representing 4:18 request 1:6 14:8,13 16:23 requesting 4:19 9:16 requests 7:6 12:6,24 required 16:24 17:21 requirement 6:17 14:9 requirements 6:9 11:13 14:7 17:11 requires 6:15 8:19 response 18:10 19:15 reused 13:3 revenue 6:1 revenues 11:22 Revesz 3:6 13:5,6,14 14:16,18 19:13 20:14,15 rezone 4:19 right 8:9 12:12,13 17:6 19:3 RLE 1:7 4:18 5:5 ROBERT 3:2 roll 15:1 19:17 rough 16:21 17:3 S S 4:1 SAHER 3:13 19:18,20,22 20:12,14,16 sales 6:1 8:19 sample 7:7 SAROSH 3:13 saved 14:10 saying 13:3 says 8:8,9,16,22 9:17 9:17 seal 21:17 second 2:5 6:18 7:24 16:5 19:12,13 Secretary 19:16 see 4:10 12:4 15:20 16:6 17:16,16 19:23 seeing 14:13 sell 9:13,15 11:21 Senior 3:13,14 separated 8:8,12 service 8:23,24 9:3 15:4 15:22 16:11,18 16:20 17:4,10 17:15 19:9,10 20:1,1 set 21:16 Shorthand 2:14 21:1,4 shortly 12:15 show 18:12 sign 8:15,23 9:12 11:1 13:19 14:7 15:4 17:8 19:9 20:1,4 signage 6:14,19,19 7:6 8:1 9:11 11:14 13:6 signages 13:8 signed 4:12 signs 8:8,13,17 9:16,19 9:24 10:4,5,8,22 10:24 11:2,3,6,9 11:11 13:12 Siljestrom 3:2 4:2,8,13 5:1 10:12,16 12:4,9 12:21 13:5 14:21 18:2,7,11 18:16 19:2,12 19:14,16 20:8 20:16,17,21 similar 11:12 12:23 18:24 simply 15:8 16:19 19:9 single 11:1 sir 5:2 7:11 16:3,5 17:13 18:8,9 20:18 site 5:22,23 6:14 9:20 9:20,24 11:16 size 6:17 8:17 9:1 10:24 11:13 20:5 slow 17:17 small 9:7 15:6 17:9 smaller 5:15 sold 5:24 somebody's 12:12 soon 5:16 11:17 soon-to-be 5:18,22 sounds 15:4 16:7 south 8:5 space 10:23 speak 18:12 square 9:1,2,4,6,9 11:7,8 13:11 15:3,5,14 16:22 17:5,9 20:6 staff 7:13 9:5,6 15:5 15:18 18:22 staff's 18:17 standard 7:23 standards 6:10 State 2:15 21:6,24 stated 20:11 statement 18:9 stay 11:21 PLANET DEPOS - CHICAGO AREA REALTIME

34 PETITION 07-15: RLE PROPERTY CORP. CONDUCTED ON MONDAY, MAY 4, stenographically 21:10 step 12:12 steps 12:9 Street 1:9 5:13,18 8:6 10:3 13:23 14:2 19:1 strict 11:14 student 11:4 subject 5:14,17 6:11 18:21 19:7 substantial 11:13 sudden 8:12 summarize 4:14 summary 11:15 18:17 supervision 21:11 suppose 8:20 supposed 8:10 T taken 14:7 21:7,9 talk 6:15 talking 15:2,16 16:1 tax 6:1 terms 12:5 thank 10:15 12:3 14:18 14:19,20 18:1 18:14,15 19:2 20:20,20 Thanks 17:17 thing 13:17,18 things 13:20 17:24 think 5:24 8:21 12:15 13:1 third 8:15 thoughts 12:10,22 14:22 three 8:1,17,18 10:2,4,4 10:5 time 12:20 14:8,11 tiny 9:9 told 7:18 9:5,6 tonight 4:17 6:18 topic 6:5 total 11:8,10 13:9 totals 11:10 Tower 2:5 Toyota 4:22 5:20,22 9:13 9:20 10:22,23 11:17 12:12,14 Toyota-Scion 9:14 traffic 9:8 transcript 21:8 true 21:8 truly 16:17 trying 15:15 turn 9:8 two 8:7,13 9:14,16,19 9:24 10:7,9,22 10:24 11:1,3,6 13:12,13 18:21 type 18:24 typewriting 21:11 U understand 9:2 13:9 upgrade 11:16 upgraded 13:3 uses 13:21 V vacant 5:18 11:17 vacated 5:22 vehicle 4:22 17:15 verbal 18:10 veterans 6:4 vote 20:12 W WADEN 3:14 wall 7:19,20,21,24 8:7 8:7,17 walls 7:22 want 4:23 wanted 16:16 17:1 wants 5:21 watching 14:13 way 17:19 20:4 West 18:5 we'll 6:14 16:5 we're 6:3,18,20 7:2,16 8:1,1,3 9:9,16 9:21 10:22 11:10 13:16 14:12,15 15:2 WHEREOF 21:16 wish 18:9 WITNESS 21:16 word 17:4,10,24 wording 9:22 words 17:22 wrong 8:2 9:6 11:5 x 1:4,10 Yeah 4:11 X Y Z zoned 6:22 zoning 1:1 14: :6 4:4 18:20 19:4, : :22 16:22 1/2 15:22 16:21, :2,4,6,9 15:5,14 17:5,9 20: : :8 5: : :24 17th 21: : : : :15 18:22 21: : : :9 25 7:16,23 11:2 27 9:1 3/4 16: PLANET DEPOS - CHICAGO AREA REALTIME

35 PETITION 07-15: RLE PROPERTY CORP. CONDUCTED ON MONDAY, MAY 4, : : :10 13: :8 13:13 4 1:15 4th 18: :14, : :22 16: :14 2: E 1:21 8:44 1: : : : :22 18:21 9:05 p.m 20: :8 PLANET DEPOS - CHICAGO AREA REALTIME

36 AN ORDINANCE RECLASSIFYING TERRITORY IN THE CI COMMERCIAL INDUSTRIAL DISTRICT TO PAB PLANNED AREA BUSINESS DISTRICT (1200 East Chicago Street) Ordinance No. G16-15 WHEREAS, written application has been made to reclassify certain property located at 1200 East Chicago Street from CI Commercial Industrial District to PAB Planned Area Business District; 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 concurs with the Findings and Recommendation of the Community Development Department and the Planning and 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 May 4, 2015, made by the Community Development Department and Planning and Zoning 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 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: That part of Sections 17, 18 and 20, Township 41 north, Range 9, east of the Third Principal Meridian, described as follows: Commencing at the northeast corner of Section 19, Township 41 north, Range 9, east of the Third Principal Meridian, thence south on the east line thereof 8.95 chains, thence south 63 degrees west 24 chains to the corner of what was known as Burritt Land; thence north 3 ½ degrees east chains to the north line of Section 19; thence in the same direction 7.68 chains on Section 18 aforesaid to the highway leading to Elgin; thence following the center of said highway south 73 ¾ degrees east 8.81 chains for the Point of Beginning; thence north 16 ½ degrees east 4.46 chains; thence south 73 ¾ degrees east

37 10.60 chains to the east line of said Section 18; thence in the same direction on Section 17 aforesaid 5.10 chains to L. Herricks west line; thence south 3 ½ degrees west 4.57 chains to the center of highway aforesaid; thence along said highway northwesterly chains to the Point of Beginning, in Cook County, Illinois (commonly known as 1200 East Chicago Street). Section 3. That the City Council of the City of Elgin hereby grants the rezoning from CI Commercial Industrial District to PAB Planned Area Business District at 1200 East Chicago Street which shall be designed, developed, and operated subject to the following provisions: A. Purpose and Intent. The purpose of the PAB planned area business district is to provide commodities and services to several neighborhoods, and in some instances to a communitywide or regional supporting population, subject to the provisions of chapter of the zoning ordinance. A PAB zoning district is most similar to, but departs from the standard requirements of the AB zoning district. 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, 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 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, as may be amended from time to time. D. Zoning Districts - Generally. In this PAB Planned Area Business District, the use and development of land and structures shall be subject to the provisions of Chapter 19.07, Zoning Districts, as may be amended from time to time. E. Location and Size of District. PAB Planned Area Business Districts should be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate PAB 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, unless such land is located between any nonresidential zoning district, and any residence district or an residence conservation district, which all have frontage on the same block. No departure from the required minimum size of a planned district shall be granted by the City Council. F. Land Use. In this PAB Planned Area Business 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, as amended. The following land uses shall be the only permitted uses allowed within this PAB zoning district. Sale of new automobiles (defined to include passenger vehicles, sport utility vehicles, vans and pickups) and accessory uses customarily accessory to such new - 2 -

38 automobile retail sales, including without limitation: the sale of used automobiles; the sale of automobile parts and tires; the performance of automobile service, repairs and maintenance; the operation of a car wash for dealership and customer vehicles; in-house financial services pertaining to automobile sales. G. Site Design. In this PAB Planned General District, the use and development of land and structures shall be subject to the provisions of Section 19.12, Site Design, of the Elgin Municipal Code, as amended. The development of land and structures shall be in substantial conformance with the following: 1. Substantial conformance to the Application and supporting documents submitted by Peter C. Bazos, dated received March 20, 2015, including the following exhibits: a. Statement of Purpose and Conformance prepared by Attorney Peter C. Bazos. b. Plat of Survey prepared by Manhard Consulting Ltd, dated June 23, c. Site Development Exhibits entitled New Elgin Hyundai, 1200 E. Chicago Street, Elgin, IL, and comprising of the following drawings: i. Site Plan for New Elgin Hyundai, prepared by Bill G. Kokalias, Axios Architects and Consultants, last revised date March 24, ii. Architectural, Structural and Electrical Drawings, prepared by Bill G. Kokalias, Axios Architects and Consultants, dated February 5, iii. Proposed Sign Package, prepared by AGI Architectural Graphics Inc., dated March 27, In the event of any conflict between the foregoing documents and this ordinance or any other applicable city ordinances, this ordinance or other applicable city ordinances shall supersede and control. 2. Compliance with all other applicable codes and ordinances. H. Off Street Parking. In this PAB Planned Area Business District, off street parking shall be subject to the provisions of Chapter 19.45, Off Street Parking, of the Elgin Municipal Code, as may be amended except as specified within this ordinance. I. Off Street Loading. In this PAB Planned Area Business District, off street loading shall be subject to the provisions of Chapter 19.47, Off Street Loading, as may be amended from time to time. J. Signs. In this PAB Planned Area Business District, signs shall be subject to the provisions of 19.50, Signs, as may be amended from time to time except as - 3 -

39 provided for within Ordinance G22-09 entitled An Ordinance Establishing Special Regulations for Street Graphics for the Route 19/East Chicago Street Area of Special Character and additionally stipulated as follows: 1. The Building shall be allowed the installation of wall graphics in substantial conformance to the Development Exhibits specified within Section 3.G. of this ordinance. 2. Replacement of said existing free-standing graphics will require full compliance with the requirements of Ordinance G22-09 entitled An Ordinance Establishing Special Regulations for Street Graphics for the Route 19/East Chicago Street Area of Special Character. K. Planned Developments. In this PAB Planned Area Business District, the use and development of the land and structures shall be subject to the provisions of Chapter 19.60, Planned Developments, as may be amended from time to time. L. Variations. In this PAB Planned Area Business District, application for variation shall be subject to the provisions of Chapter 19.70, Variations, as may be amended from time to time. A variation may be requested by the property owner without requiring an amendment to this PAB zoning district. M. 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, as may be amended from time to time. Section 4. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. David J. Kaptain, Mayor Presented: May 27, 2015 Passed: Vote: Yeas Nays: Recorded: Published: Attest: Kimberly A. Dewis, City Clerk - 4 -

40 May 27, 2015 TO: FROM: SUBJECT: Mayor and Members of the City Council Sean R. Stegall, City Manager Dave Waden, Senior Planner Consideration of Petition at 525 Church Road; an Application by Agape Academy of St. Sophia for a Conditional Use in the CF Community Facility District to Permit the Expansion of an Existing Child Daycare Facility. RECOMMENDATION The Planning & Zoning Commission and Community Development Department recommend approval of the application, subject to conditions. Please see Recommendation Detail at the end of this memorandum for more information. The written findings and recommendation of the Commission and staff are attached under separate cover as required by the Elgin Zoning Ordinance. A draft ordinance is attached hereto. SUMMARY Agape Academy of St. Sophia requests approval for a conditional use to permit the expansion of an existing child daycare facility, property located at 525 Church Road. In 2010 Agape Academy of St. Sophia was granted a conditional use (Ordinance G46-10) to establish a child daycare facility within the existing church building. The applicant is now requesting to expand their preschool program to include a kindergarten program that will be located on the 2 nd floor of the classroom building. The children that attend the preschool and kindergarten programs will obtain an education in a family setting that will inspire the children to grow and develop a positive self-image. The current hours of operation for the Disciples program (children 3 years old) take place on Tuesday and Thursday from 9:30 a.m. until 12:30 p.m. The Apostles program (children 4 years old) take place on Monday, Wednesday and Friday from 9:30 a.m. until 12:30 p.m. These existing programs accommodate up to 20 students in one class.

41 Mayor and Members of City Council May 27, 2015 Page 2 The proposed kindergarten program for 5 year old children called Archangels would be held on Monday through Friday from 9:30 a.m. until 1:30 p.m. and would accommodate between students in one class. The kindergarten class would operate in an existing classroom space that is separate from the preschool area and is located on the 2 nd floor of the classroom building. The proposed classroom is currently used during the weekend for Greek School on Saturday and Sunday and Church School on Sunday; both are ministries of the St. Sophia parish. COMMENTS FROM OTHER CITY DEPARTMENTS The following are additional comments and/or requirements provided by other city departments as they pertain to building, fire, life/safety and other applicable code issues. The comments are divided into those that are required to be addressed either prior to obtaining the requested zoning relief or prior to obtaining a final Certificate of Occupancy. 1. Fire Department Comments that materially affect the site and/or building plans No comments Comments that will be addressed during the Plan Review/Permitting process No Comments 2. Community Development Building and Development Division Comments that materially affect the site and/or building plans No Comment Comments that will be addressed during the Plan Review/Permitting process No Comments 3. Community Development Code Enforcement Division Comments that materially affect the site and/or building plans No Objections Comments that will be addressed during the Plan Review/Permitting process Not Comments 4. Public Works - Engineering Division Comments that materially affect the site and/or building plans No Comments Comments that will be addressed during the Plan Review/Permitting process No Comments

42 Mayor and Members of City Council May 27, 2015 Page 3 5. Police Department Comments that materially affect the site and/or building plans No Issues Comments that will be addressed during the Plan Review/Permitting process No Issues 6. Public Works Parks and Open Space Comments that materially affect the site and/or building plans Not Applicable Comments that will be addressed during the Plan Review/Permitting process Not Applicable 7. Water Department Comments that materially affect the site and/or building plans No Comments Comments that will be addressed during the Plan Review/Permitting process No Comments ADDITIONAL APPROVALS REQUIRED The applicant must apply for and receive all necessary building and occupancy permits as required by the City of Elgin. RECOMMENDATION DETAIL At its May 4, 2015 meeting, the Planning & Zoning Commission concurred with staff and recommend approval of Petition 08-15, subject to the following conditions: 1. Substantial conformance with the Development Application and Statement of Purpose and Conformance, submitted by Agape Academy of St. Sophia as applicant and St. Sophia Church as owner, dated received March 20, Substantial conformance to the Proposed Kindergarten Classroom Exhibit, submitted by Agape Academy of St. Sophia as applicant and St. Sophia Church as owner, dated received March 20, Substantial conformance with the Plat of Survey, submitted by Agape Academy of St. Sophia as applicant and St. Sophia Church as owner, dated received March 20, 2015.

43 Mayor and Members of City Council May 27, 2015 Page 4 4. Substantial conformance with the Existing & Proposed Classroom Location Exhibit, submitted by Agape Academy of St. Sophia as applicant and St. Sophia Church as owner, dated received March 20, Compliance with all applicable codes and ordinances. On a motion to recommend approval and to adopt specific findings of fact, the vote of the Planning & Zoning Commission was five (5) yes, zero (0) no. Respectfully Submitted, s/dave Waden Senior Planner

44 FINDINGS OF FACT PETITION Church Road

45 May 4, 2015 RECOMMENDATION & FINDINGS OF FACT OF THE COMMUNITY DEVELOPMENT DEPARTMENT AND THE PLANNING & ZONING COMMISSION CITY OF ELGIN, ILLINOIS SUBJECT Recommendation and findings of fact for Petition 08-15, an application by Agape Academy of St. Sophia for a conditional use to permit the expansion of an existing child daycare facility, property located at 525 Church Road. GENERAL INFORMATION Petition Number: Requested Action: Current Zoning: Existing Use: Property Location: Applicant: Owner: Staff Coordinator: Conditional Use Approval CF Community Facility District Church 525 Church Road Agape Academy of St. Sophia St. Sophia Church Dave Waden, Senior Planner LIST OF EXHIBITS ATTACHED A. Aerial/Location Map B. Zoning Map C. Parcel Map D. Site Photos E. Development Application and Statement of Purpose and Conformance; and F. Public Hearing Transcripts from May 4, 2015 with exhibits. G. Draft Conditional Use Ordinance

46 Findings of Fact Petition May 4, 2015 BACKGROUND In 2010 Agape Academy of St. Sophia was granted a conditional use (Ordinance G46-10) to establish a child daycare facility within the existing church building. The applicant is now requesting to expand their preschool program to include a kindergarten program that will be located on the 2 nd floor of the classroom building. The children that attend the preschool and kindergarten programs will obtain an education in a family setting that will inspire the children to grow and develop a positive self-image. The current hours of operation for the Disciples program (children 3 years old) take place on Tuesday and Thursday from 9:30 a.m. until 12:30 p.m. The Apostles program (children 4 years old) take place on Monday, Wednesday and Friday from 9:30 a.m. until 12:30 p.m. These existing programs accommodate up to 20 students in one class. The proposed kindergarten program for 5 year old children called Archangels would be held on Monday through Friday from 9:30 a.m. until 1:30 p.m. and would accommodate between students in one class. The kindergarten class would operate in an existing classroom space that is separate from the preschool area and is located on the 2 nd floor of the classroom building. The proposed classroom is currently used during the weekend for Greek School on Saturday and Sunday and Church School on Sunday; both are ministries of the St. Sophia parish. Child daycare services are conditional uses in the CF Community Facility District, and require a public hearing and City Council approval. The Community Development Department offers the following additional information: A. Zoning History. The subject property was annexed and zoned R2 Single Family Residence District and MI Limited Manufacturing in The property was rezoned to CF Community Facility District as part of the comprehensive amendment to the zoning ordinance in B. Surrounding Land Use and Zoning. The area to the north of the subject property is zoned CF Community Facility District and developed with a church. The area to the south of the subject property is zoned AB Area Business District and is developed with a hotel. The area to the east of the subject property is zoned PAB Planned Area Business District and is developed with hotels, industrial and manufacturing uses. The areas to the west and southwest of the subject property area are zoned GI General Industrial District and are developed with industrial and manufacturing uses. 2

47 Findings of Fact Petition May 4, 2015 C. Comprehensive Plan. The subject property is designated as Highway Commercial by the City s Comprehensive Plan and Design Guidelines, dated Areas designated as Highway Commercial typically serve 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 restaurant, auto-oriented uses such as tire stores, service stations, auto parts stores, and other along stand retail uses. These commercial areas are generally auto dominated with few pedestrian amenities. D. Zoning District. The purpose of the CF Community Facility district is to provide for the development and protection of various community facilities with both standard and planned land use and site design regulations. In general, community facilities provide governmental, recreational, educational, health, social, religious, and transportation services to the community on a for-profit or on a not-for-profit basis. Child day care services are an allowable conditional use in the CF Community Facility districts. The proposed Agape Academy will be located, designed and operated in accordance with the appearance, character, public health, safety and welfare of the community, and is consistent with the other land uses of the CF Community Facility District. E. Trend of Development. The subject property is located on the edge of an established industrial area that offers business, service and retail uses. FINDINGS After due notice as required by law, the Planning and Zoning Commission conducted a public hearing in consideration of Petition on May 4, Testimony was presented at the public hearing in support of the application. The Community Development Department submitted a Conditional Use Review and Written Findings & Recommendation to the Planning & Zoning Commission dated May 4, The Community Development Department and the Planning & Zoning Commission have made the following general findings against the standards for a conditional use as outlined within : A. Site Characteristics Standard. The suitability of the subject property for the intended conditional use with respect to its size, shape, and any existing improvements. Findings. The conditional use meets the site characteristic standard as no site characteristic would impede the expansion of an existing child daycare facility. The subject property contains approximately 1.97 acres of land and is improved with the St. Sophia Greek Orthodox Church and surface parking lot containing 50 parking stalls. 3

48 Findings of Fact Petition May 4, 2015 B. Sewer and Water Standard. The suitability of the subject property for the intended conditional use with respect to the availability of adequate water, sanitary treatment, and storm water control facilities. Findings. The conditional use meets the sewer and water standard as the subject property is currently served by municipal water, sanitary sewer, and storm water systems. Stormwater management is provided in conformance with the standards and regulations of the City of Elgin and Kane County Stormwater Management Ordinances. C. Traffic and Parking Standard. The suitability 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 conditional use meets the traffic and parking standard. The subject property is located at the southwest corner of Church Road and Toll Gate Road. Both Church Road and Toll Gate Road are local roads serving the subject property and the surrounding commercial and industrial properties. Access to the subject property is limited to Church Road. Off street parking is provided in conformance with the off street parking ordinance. D. 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 conditional use meets the location, design, and operation standard. 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. E. Historic Preservation Standard. Where applicable, the conditional use shall make possible an efficient contemporary use of, or a compatible improvement to a designated landmark or property located in a designated historic district while preserving those portions and features of the property which are significant to its historic, architectural, and cultural values to an historic preservation plan. Findings. This standard is not applicable as the subject property is neither designated as a historic landmark nor is it located within a historic district. RECOMMENDATION The Community Development Department recommends approval of Petition 08-15, subject to conditions. The Planning & Zoning Commission concurs with the Community Development 4

49 Findings of Fact Petition May 4, 2015 Department and recommends approval of Petition subject to conditions. On a motion to recommend approval, subject to the conditions outlined by the Community Development Department the vote was five (5) yes and zero (0) no. The conditions for approval voted on by the Planning & Zoning Commission are: 1. Substantial conformance with the Development Application and Statement of Purpose and Conformance, submitted by Agape Academy of St. Sophia as applicant and St. Sophia Church as owner, dated received March 20, Substantial conformance to the Proposed Kindergarten Classroom Exhibit, submitted by Agape Academy of St. Sophia as applicant and St. Sophia Church as owner, dated received March 20, Substantial conformance with the Plat of Survey, submitted by Agape Academy of St. Sophia as applicant and St. Sophia Church as owner, dated received March 20, Substantial conformance with the Existing & Proposed Classroom Location Exhibit, submitted by Agape Academy of St. Sophia as applicant and St. Sophia Church as owner, dated received March 20, Compliance with all applicable codes and ordinances Respectfully Submitted, s/ Robert Siljestrom Robert Siljestrom, Chairman Planning and Zoning Commission s/ Sarosh Saher Sarosh Saher, Secretary Planning & Zoning Commission 5

50 Commerce Dr Canterfield Pkwy Marriot Dr Subject Property Petition Church Rd Toll Gate Rd Airport Rd I-90W From IL 31S Illinois Route 31 I-90W To IL 31N I-90 EXHIBIT A Map prepared by City of Elgin Department of Community Development Aerial/Location Map Feet

51 Chateau Dr Canterfield Pkwy Subject Property Petition PAB Marriot Dr AB GI Legend Residence Conservation 1 Residence Conservation 2 Residence Conservation 3 Planned Residence Conservation Church Rd CF River Ridge Dr Single Family Residence 1 Single Family Residence 2 Planned Single Family Residence 2 Two Family Residence Multiple Family Residence Planned Multiple Family Residence Residence Business Planned Residential Business Neighborhood Business Planned Neighborhood Business Area Business Commerce Dr GI AB PAB Planned Area Business Center City 1 Center City 2 Planned Center City Office Research Industrial Planned Office Research Industrial General Industrial Planned General Industrial Commercial Industrial Toll Gate Rd PAB Illinois Route 31 Airport Rd Planned Community Facility Community Facility Fox River Preservation Planned Center City 2 Planned Single Family Residence 1 Planned Two Family Residence EXHIBIT B I-90W From IL 31S CF Zoning Map I-90W To IL 31N. PGI Map prepared by City of Elgin Department of Community Development Feet

52 Subject Property 525 Church Rd Petition Church Rd Toll Gate Rd EXHBIIT C City of Elgin Department of Community Development Parcel Map Feet

53 SITE LOCATION EXHIBIT 525 Church Road Petition Site Location View from Toll Gate Road Looking West

54 SITE LOCATION EXHIBIT 525 Church Road Petition View from Church Road Looking South View from Church Road Looking Southeast

55 STATEMENT OF PURPOSE AND CONFORMANCE and ATTACHMENTS PETITION Church Road

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