HomeMy WebLinkAboutG33-23 Ordinance No. G33-23
AN ORDINANCE
RECLASSIFYING TERRITORY IN THE PCF PLANNED COMMUNITY FACILITY
DISTRICT AND PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT TO A NEW
PCF PLANNED COMMUNITY FACILITY DISTRICT
(3451 Bowes Road)
WHEREAS, the territory legally described herein (the "Subject Property") has been
annexed to the City of Elgin; and
WHEREAS, the Subject Property has previously been classified in the PSFR2 Planned
Single Family Residence District pursuant to Ordinance No. G53-03 and PCF Planned Community
Facility District pursuant to Ordinance No. G54-03; and
WHEREAS, written application has been made to reclassify the Subject Property located
at 3451 Bowes Road from PSFR2 Planned Single Family Residence District and PCF Planned
Community Facility District to a new PCF Planned Community Facility District to allow the
construction of a solar farm; and
WHEREAS, the zoning lot containing the premises at 3451 Bowes Road is legally
described herein(the"Subject Property"); and
WHEREAS,the Planning and Zoning Commission conducted a public hearing concerning
said application on April 4, 2022, following due notice including by publication; and
WHEREAS, the Community Development Department and the Planning and Zoning
Commission have submitted their Findings of Fact concerning said application; and
WHEREAS, the Community Development Department and the Planning and Zoning
Commission recommend approval of said application, subject to the conditions articulated below;
and
WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and
recommendations of the Community Development Department and the Planning and Zoning
Commission; and
WHEREAS,the City of Elgin is a home rule unit and as a home rule unit may exercise any
power and perform any function pertaining to its government and affairs; and
WHEREAS, zoning, including, but not limited to, this ordinance granting a planned
development as a map amendment reclassifying property from PSFR2 Planned Single Family
Residence District and PCF Planned Community Facility District to a new PCF Planned
Community Facility District pertains to the government and affairs of the city.
NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section 1. That Ordinance No. G53-04, entitled "An Ordinance Classifying Newly
Annexed Territory in the PSFR2 Planned Single Family Residence District(N.B.C.,L.L.C./Milne
Parcel—3201 Bowes Road)passed June 25, 2003, is hereby repealed.
Section 2. That Ordinance No. G54-04, entitled "An Ordinance Classifying Newly
Annexed Territory in the PCF Planned Community Facility District (Fox Valley Saddle
Association—3401 Bowes Road)passed June 25, 2003, is hereby repealed.
Section 3. That the City Council of the City of Elgin hereby adopts the Findings of
Fact, dated April 4, 2022, and the recommendations made by the Community Development
Department and the Planning and Zoning Commission, a copy of which is attached hereto and
made a part hereof by reference as Exhibit A.
Section 4. That Chapter 19.07 Zoning Districts, Section 19.08.020 entitled "Official
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 PCF Planned Community Facility District the following
described property:
PARCEL I:
THAT PART OF THE SOUTHWEST FRACTIONAL QUARTER OF SECTION 30,
TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN,
DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE WEST LTh.l E OF SAID
SOUTHWEST FRACTIONAL QUARTER WITH THE CENTER LINE OF BOWES
ROAD; THENCE EASTERLY ALONG SAID CENTER LINE 811.5 FEET FOR THE
POINT OF BEGINNING; THENCE SOUTHERLY PARALLEL WITH THE WEST
FRACTIONAL QUARTER 1000.04 FEET TO THE NORTHERLY RIGHT OF WAY
LINE OF THE ILLINOIS CENTRAL RAILROAD; THENCE SOUTHEASTERLY
ALONG SAID NORTHERLY RIGHT OF WAY LINE TO THE EAST LINE OF SAID
SOUTHWEST FRACTIONAL QUARTER; THENCE NORTH ALONG SAID EAST
LINE TO THE CENTER LINE OF SAID BOWES ROAD; THENCE WEST ALONG
SAID CENTER LINE TO THE POINT OF BEGINNING; (EXCEPT THAT PART
DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE WEST LINE OF SAID
SOUTHWEST FRACTIONAL QUARTER WITH THE CENTER LINE OF BOWES
ROAD; THENCE EASTERLY ALONG SAID CENTER LINE 811.5 FEET; THENCE
SOUTHERLY ALONG A LINE PARALLEL WITH THE WEST FRACTIONAL
QUARTER 849.44 FEET TO THE INTERSECTION WITH A LINE 135 FEET
PERPENDICULARLY DISTANT NORTHEASTERLY OF AND PARALLEL WITH
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THE NORTHEASTERLY RIGHT OF WAY LINE OF THE ILLINOIS CENTRAL
GULF RAILROAD COMPANY, AND THE POINT OF BEGINNING; THENCE
CONTINUING ALONG THE LAST DESCRIBED LINE PARALLEL WITH THE
WEST FRACTIONAL QUARTER 150.60 FEET TO THE NORTHERLY RIGHT OF
WAY LINE OF THE ILLINOIS CENTRAL GULF RAILROAD COMPANY; THENCE
SOUTHEASTERLY ALONG SAID NORTHERLY RIGHT OF WAY LINE OF THE
RAILROAD TO THE EAST LINE OF SAID SOUTHWEST FRACTIONAL QUARTER;
THENCE NORTH ALONG SAID EAST LINE OF THE SOUTHWEST FRACTIONAL
QUARTER, A DISTANCE OF 151.20 FEET TO THE INTERSECTION WITH SAID
LINE 135 FEET PERPENDICULARLY DISTANT NORTHEASTERLY OF AND
PARALLEL WITH THE NORTHERLY RIGHT OF WAY LINE OF SAID RAILROAD;
THENCE NORTHWESTERLY ALONG SAID LAST MENTIONED PARALLEL LINE,
880.03 FEET TO THE POINT OF BEGINNING), IN THE CITY OF ELGIN, KANE
COUNTY, ILLINOIS.
PARCEL 2:
THAT PART OF THE SOUTHWEST 1/4 OF SECTION 30, TOWNSHIP 41 NORTH,
RA. GE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WEST LINE OF SAID
SOUTHWEST 1/4 WITH THE CENTER LINE OF BOWES ROAD; THENCE
EASTERLY ALONG SAID CENTER LINE 811.50 FEET; THENCE SOUTHERLY
PARALLEL WITH THE WEST LINE OF SAID QUARTER SECTION 1000.04 FEET
TO THE NORTHERLY RIGHT OF WAY LINE OF THE ILLINOIS CENTRAL
RAILROAD; THENCE NORTHWESTERLY ALONG SAID NORTHERLY
RIGHT OF WAY LINE 17.09 FEET; THENCE NORTHWESTERLY ALONG SAID
NORTHERLY RIGIIT OF WAY LINE, BEING ALONG A CURVE TO THE LEFT
TANGENT TO THE LAST DESCRIBED COURSE, 865.84 FEET TO THE WEST LINE
OF SAID SOUTHWEST 1/4 OF SECTION 30; THENCE NORTHERLY ALONG SAID
WEST LINE 633.31 FEET TO THE POINT OF BEGINNING, (EXCEPT THAT PART
DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE WEST LINE OF SAID
SOUTHWEST 1/4 WITH THE CENTER LINE OF BOWES ROAD; THENCE
EASTERLY ALONG SAID CENTER LINE, 811.50 FEET TO A POINT; THENCE
SOUTHERLY ALONG A LINE HEREINAFTER KNOWN AS "LINE A", PARALLEL
WITH THE WEST LINE OF SAID SOUTHWEST 1/4 OF DEED) TO THE
NORTHERLY RIGHT OF WAY LINE OF THE ILLINOIS CENTRAL RAILROAD,
FOR THE POINT OF BEGINNING; THENCE NORTHWESTERLY ALONG SAID
NORTHERLY RAILROAD RIGHT OF WAY LINE, HEREINAFTER KNOWN AS
DEED) TO A POINT OF CURVE; THENCE NORTHWESTERLY ALONG SAID
NORTHERLY RIGHT OF WAY LINE BEING A CURVED LINE, CONVEX TO THE
NORTHEAST, HAVINO A RADIUS OF 5786.65 FEET, AN ARC DEED) TO THE
WEST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 30; THENCE NORTH
ALONG THE WEST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 30, A
DISTANCE OF 18.67 FEET TO A POINT; THENCE EASTERLY ALONG A LINE,
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423.44 FEET TO THE INTERSECTION WITH THE NORTHWESTERLY
EXTENSION OF A LINE DRAWN 135.0 FEET PERPENDICULARLY DISTANT
NORTHEASTERLY OF AND PARALLEL WITH THE ABOVE DESCRIBED "LINE
B"; THENCE SOUTHEASTERLY ALONG THE LAST DESCRIBED PARALLEL
LINE 433.26 FEET TO A POINT ON THE ABOVE DESCRIBED "LINE A"; THENCE
SOUTHERLY ALONG THE FIRST HEREIN DESCRIBED"LINE A", 150.60 FEET TO
THE POINT OF BEGINNING),IN THE CITY OF ELGIN,KANE COUNTY,ILLINOIS.
(Commonly known as 3451 Bowes Road)
Section 5. That the City Council of the City of Elgin hereby grants the rezoning from
PSFR2 Planned Single Family Residence District and PCF Planned Community Facility District
to a new PCF Planned Community Facility District at 3451 Bowes Road which shall be designed,
developed, and operated subject to the following provisions:
A. Purpose and Intent. The purpose of the PCF Planned Community Facility District
is to provide a planned environment for various types of community facilities,
subject to the provisions of Chapter 19.60 "Planned Developments" of the Elgin
Municipal Code, as amended. 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.
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 PCF Planned Community Facility 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 amended.
D. Zoning Districts; Generally. In this PCF Planned Community Facility District,
the use and development of land and structures shall be subject to the provisions of
Chapter 19.07 "Zoning Districts",of the Elgin Municipal Code, as amended.
E. Location and Size of District. PCF Planned Community Facility Districts should
be located in substantial conformance to the official comprehensive plan. The
amount of land necessary to constitute a separate PCF Planned Community Facility
District exclusive of rights of way, but including adjoining land or land directly
opposite a right of way shall not be less than two (2) acres. No departure from the
required minimum size of a planned community facility district shall be granted by
the City Council.
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F. Land Use. In this PCF Planned Community Facility 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
enumerated "land uses" [SR] shall be the only land uses allowed as a "permitted
use" [SR] or as a"conditional use" [SR] in this PCF Planned Community Facility
District:
1. Permitted Uses. Those land uses enumerated as permitted uses within the CF
Community Facility District, Section 19.30.130 A., Land Use, of the Elgin
Municipal Code, as it may be amended from time to time.
2. Conditional Uses. Those land uses enumerated as conditional uses within the
CF Community Facility District, Section 19.30.130 B., Land Use, of the Elgin
Municipal Code, as it may be amended from time to time.
G. Site Design. In this PCF Planned Community Facility 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, and Section
19.30.135 "Site Design" for CF Community Facility District, of the Elgin
Municipal Code, as amended, except as provided within this section, and shall be
in substantial conformance with the following documents:
1. Substantial conformance to the Development Application submitted by Mid-
America Green Energy, LLC,as applicant,and Bowes Center LLC,as property
owner, received February 16, 2022, and supporting documents including:
a. Undated Statement of Purpose, received March 30, 2022;
b. Plat of Survey of SW Corner Bowes and Nolan Roads, Elgin, IL, prepared
by Cemcon, Ltd., dated May 3, 2018;
c. Plat of Easement 3451 Bowes Road Elgin, IL, prepared by Cemcon, Ltd.,
dated June 2, 2022, last revised June 16, 2022, with such further revisions
as required by the City Engineer;
d. Plat of easement exhibit with details,prepared by Cemcon,Ltd.,dated June
2, 2022, last revised June 16, 2022, with such further revisions as required
by the City Engineer;
e. Plat of Dedication to the Kane County Division of Transportation 3451
Bowes Road Elgin,IL,prepared by Cemcon,Ltd.,dated February 14,2022,
last revised June 15, 2022, with such further revisions as required by the
City Engineer;
f. Plat of Dedication to the City of Elgin 3451 Bowes Road Elgin,IL,prepared
by Cemcon Ltd., dated February 14, 2022, last revised June 15, 2022, with
such further revisions as required by the City Engineer;
g. Site Plan Elgin Solar Farm SWC Bowes Road and Nolan Road Elgin,
Illinois, prepared by Spaceco Inc., dated January 27, 2022, last revised
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March 29, 2022,with such further revisions as required by the Community
Development Director;
h. Elgin Solar Farm SWC Bowes Road and Nolan Road Elgin, IL Landscape
Plan,Sheet 1 of 2,prepared by Gary R. Weber Associates,Inc.,dated March
29, 2022, last revised May 23, 2022, such further revisions as required by
the Community Development Director;
i. Elgin Solar Farm SWC Bowes Road and Nolan Road Elgin, IL Landscape
Specifications, Sheet 2 of 2, prepared by Gary R. Weber Associates, Inc.,
dated March 29, 2022, last revised May 23, 2022, with such further
revisions as required by the Community Development Director;
j. Landscape Buffer Elevation Elgin Solar Farm Elgin, Illinois, prepared by
Gary R. Weber Associates, Inc., dated March 30, 2022, with such further
revisions as required by the Community Development Director; and
k. Six-page plans titled: "Elgin Community Solar", including sheets: E0.0,
E0.1, E0.2, E0.3, E10, and E30, prepared by Verde Solutions LLC, dated
March 30, 2022, with such further revisions as required by City Engineer.
In the event of any conflict between such documents and the terms of this
ordinance or other applicable city ordinances, the terms of this ordinance or
other applicable city ordinances shall supersede and control.
2. A departure is hereby granted to allow the construction of a ground-mounted
utility scale solar energy system(solar farm)without a principal building.
3. A departure is hereby granted to allow the construction of multiple ground-
mounted solar energy systems on the Subject Property.
4. A departure is hereby granted to allow the construction of ground-mounted
solar energy systems within the street yards along Bowes Road and Nolan Road.
5. A departure is hereby granted to allow the construction of a fence on the
property without a principal building.
6. A departure is hereby granted to allow the construction of an 8-foot-high solid
trex (composite) fence, color Woodland Brown, within the street yards along
Bowes Road and Nolan Road.
7. A departure is hereby granted to allow the installation of solar related accessory
equipment outside of(not located within) an enclosed building.
8. This planned development contemplates and allows the applicant to expand the
rows of solar panels to the west, no closer than within 45 feet of the west lot
line, in so long as the applicant provides a tree preservation easement over the
western 45 feet of the property from which trees may not be removed without
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prior written consent from the City of Elgin. The expanded area must be fenced
in a like manner to the originally approved area(see condition number 6 above),
but additional landscaping is not required. The tree preservation easement must
be protected during such expansion in accordance with Section 19.16.070 of the
zoning ordinance, as it may be amended from time to time. Dangerous trees
may be removed from the tree preservation easement in the manner authorized
by Section 19.16.080 of the zoning ordinance, as it may be amended from time
to time.
9. Prior to the issuance of a building permit, the applicant shall provide a written
correspondence from Commonwealth Edison (ComEd) authorizing the
connection of the proposed solar farm to the ComEd energy grid.
10. Any proposed outdoor lighting shall be installed in compliance with the zoning
ordinance.
11. The existing building with its accessory parking area and access driveway, all
located on the western portion of the Subject Property, shall be removed and
restored at the time of solar farm construction.
12. A portion of the Subject Property has been previously annexed into the Fox
River Water Reclamation District (FRWRD) by its ordinance 75B dated June
27,2005. Because the Subject Property is now being proposed for development
as a solar farm,with no potable water or sanitary service required,FRWRD has
advised the City that it does not require the remainder of the Subject Property
to be annexed to FRWD before its development as a solar farm. As such, the
City shall not require the annexation of any additional portions of the Subject
Property to FRWRD as a condition to the issuance of a building permit for the
construction of a solar farm not involving any potable water or sanitary sewer
service. However, prior to any other development of the Subject Property that
requires potable water or sanitary sewer service and prior to the issuance of any
permit for such a development, the entirety of the Subject Property shall be
annexed to the Fox River Water Reclamation District and such annexation is
established to the City's satisfaction.
13. In conjunction with the development of the Subject Property the applicant/
developer shall construct at its cost a ten (10) foot wide multipurpose path
according to plans therefore approved by the City Engineer. Such multipurpose
path shall be constructed in the thirty-five (35) foot City Easement Premises
along the northerly portion of the Subject Property to be granted to the City by
the Owner of the Subject Property. Upon completion of the construction of the
multipurpose path by the applicant/developer, and upon review and
recommendation by the City Engineer, the City shall accept such multipurpose
path as a public improvement for future ownership and maintenance and for use
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by the public. Acceptance of such multipurpose path as a public improvement
shall be consistent with applicable City ordinances.
14. Compliance with all applicable codes and ordinances.
H. Off Street Parking. In this PCF Planned Community Facility District, off-street
parking shall be subject to the provisions of Chapter 19.45 "Off Street Parking", of
the Elgin Municipal Code, as amended.
I. Off Street Loading. In this PCF Planned Community Facility District, off-street
loading shall be subject to the provisions of Chapter 19.47"Off Street Loading",of
the Elgin Municipal Code, as amended.
J. Signs. In this PCF Planned Community Facility District, signs shall be subject to
the provisions of 19.50 "Street Graphics", of the Elgin Municipal Code, as
amended, except as provided within this section, and shall be in substantial
conformance with the following:
1. A departure is hereby granted to allow the construction of one monument
graphic on the property without a principal building. Notwithstanding, such
monument graphic shall comply with all requirements of the zoning ordinance,
including but not limited to the maximum permitted height, sign surface area,
and required landscaping.
K. Nonconforming Uses and Structures. In this PCF Planned Community Facility
District, nonconforming uses and structures shall be subject to the provisions of
Chapter 19.52"Nonconforming Uses and Structures"of the Elgin Municipal Code,
as amended.
L. Amendments. In this PCF Planned Community Facility District, text and map
amendments shall be subject to the provisions of Chapter 19.55 "Amendments" of
the Elgin Municipal Code, as amended
M. Planned Developments. In this PCF Planned Community Facility District,the use
and development of the land and structures shall be subject to the provisions of
Chapter 19.60"Planned Developments"of the Elgin Municipal Code,as amended.
A conditional use for a planned development may be requested by the property
owner without requiring an amendment to this PCF zoning district.
N. Conditional Uses. In this PCF Planned Community Facility District, conditional
uses shall be subject to the provisions of Chapter 19.65 "Conditional Uses", of the
Elgin Municipal Code, as amended. A conditional use may be requested by the
property owner without requiring an amendment to this PCF zoning district.
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O. Variations. In this PCF Planned Community Facility District, variations shall be
subject to the provisions of Chapter 19.10.500 "Authorized Land Use Variations",
Chapter 19.12.800 "Authorized Site Design Variations", and Chapter 19.70
"Variations", of the Elgin Municipal Code, as amended. A variation may be
requested by the property owner without requiring an amendment to this PCF
zoning district.
P. Appeals. Any requirement, determination, or interpretation associated with the
administration and enforcement of the provisions of this ordinance may be appealed
subject to the provisions of Chapter 19.75 "Appeals",of the Elgin Municipal Code,
as amended.
Section 6. That this ordinance shall be in full force and effect immediately after its passage
in the manner provided by law.
David J. aptai , Mayor
Presented: August 23, 2023
Passed: August 23, 2023
Omnibus Vote: Yeas: 9 Nays: 0
Recorded: August 23, 2023 . ; ..
Published: August 23, 2023 roe "
1 r ns t
Kimberly Dew�, * C erg ;
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EXHIBIT A
April 4, 2022
RECOMMENDATION & FINDINGS OF FACT
OF THE COMMUNITY DEVELOPMENT DEPARTMENT AND
THE PLANNING & ZONING COMMISSION
CITY OF ELGIN, IL
OVERVIEW
Provided herein are the written findings and recommendation of the Community Development
Department and the Planning & Zoning Commission regarding Petitions 06-22 and 07-22 an
application by Mid-America Green Energy,LLC,as applicant,and Bowes Center LLC,as property
owner, requesting approval of an amendment to the annexation agreement and planned
development as a map amendment with departures from the Elgin Municipal Code requirements
for the utility scale solar energy systems, ground-mounted systems, fence regulations, street
graphics, and any other departures as may be necessary or desirable to construct a 4.5 MW solar
farm, all at the property commonly referred to as 3451 Bowes Road.
GENERAL INFORMATION
Petition Number: 06-22 and 07-22
Property Location: 3451 Bowes Road
Requested Action: Amendment to the Annexation Agreement and Planned
Development as a Map Amendment
Current Zoning: PCF Planned Community Facility District(Ordinance No. G54-03),
and PSFR2 Planned Single-Family Residence District(Ordinance
No. G53-03)
Proposed Zoning: New PCF Planned Community Facility District
Existing Use: Vacant, agricultural
Proposed Use: Utility scale solar energy system
Applicant: Mid-America Green Energy LLC
Owner: Bowes Center, LLC
Staff Coordinator: Damir Latinovic, AICP, Senior Planner
Recommendation&Findings of Fact
Petitions 06-22 and 07-22
April 4,2022
Exhibits Attached: A. Aerial/Location Map
B. Zoning May
C. Parcel Map
D. Site Location
F. Development Application,Annexation Agreement
Amendment, and Attachments
BACKGROUND
The 30.6-acre property is located at the southwest corner of Bowes Road and Nolan Road. The
property is mostly vacant, undeveloped, and used for agricultural purposes. The access driveway
to the site is located off of Nolan Road. A former farm building is located on the west end of the
property with its own access driveway to Bowes Road. On the south side,the property is adjacent
to the Illinois Central Railroad right-of-way and tracks, as well as a 135-foot-wide easement for
ComEd overhead transmission power lines. The property was annexed in 2003 and was zoned for
a single-family home subdivision. However, specific plans for the subdivision were never
submitted.
The properties to the north,south, and east are all located in unincorporated Kane County and are
improved with estate-style single-family homes. A property laying east of Nolan Road
immediately north of the railroad tracks is zoned PCF Planned Community Facility District and
PSFR2 Planned Single Family Residence District. That property is part of a larger development/
subdivision known as The Glen,that was approved in 2007 for the construction of 68 single family
homes, 76 single family attached homes (duplexes) and a 150-unit senior assisted living facility.
The mass grading of the site had commenced but was stopped shortly thereafter. The construction
of roads and homes never commenced. On the west side, the property is adjacent to a vacant lot
zoned PRB Planned Residence Business District part of Bowes Creek Country Club Subdivision,
and the city-owned sanitary sewer lift station.
Proposal
The applicant is proposing to construct a solar farm on the subject property.Ground-mounted solar
panels would be installed on approximately 19.5 acres of the total 30.6 acres of the property. The
panels would maintain approximately 40-foot setback from the east property line along Nolan
Road and approximately 95-foot setback from the north property line along Bowes Road. No
structures and no equipment is proposed. The solan panels would connect directly to the existing
ComEd power lines adj scent to the south.
The applicant is proposing to enclose the proposed solar farm with an 8-foot high trex(composite)
solid fence. A 20-foot-wide landscape buffer on the exterior of the fence along Nolan and Bowes
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Recommendation& Findings of Fact
Petitions 06-22 and 07-22
April 4,2022
Roads would complete the screening. The landscaping would primarily include 8-foot-high
evergreen trees, with some intermittent shade trees and evergreen shrubs. The 8-foot fence and
landscaping will completely screen the solar panels from the public view. The highest point of the
ground-mounted panels is approximately nine feet above grade.
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Figure 2.Site area map with zoning overlay
The existing driveway access to the property from Nolan Road would be maintained as the sole
access to the solar farm. The remaining farm building and its access driveway on the west end of
the property would be removed. The applicant has agreed to construct a new 10-foot-wide multi-
purpose path along Bowes Road.The path is part of a larger City-wide and county-wide bike plan.
When a development occurs on the vacant land east of Nolan Road, a new multi-purpose path
(most likely on the west side of Nolan Road)would also be constructed along Nolan Road by that
developer at that time.
The applicant has also agreed to dedicate a 27-foot-wide portion of its property along Bowes Road
to make the right-of-way 100 feet wide to accommodate any future Bowes Road improvements or
widening. Bowes Road is under Kane County jurisdiction. The applicant would also dedicate an
approximately 33-foot-wide portion of its property along Nolan Road to make that right-of-way
86 feet wide to accommodate any future improvements to Nolan Road.Nolan Road is under City
of Elgin jurisdiction.
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Recommendation& Findings of Fact
Petitions 06-22 and 07-22
April 4,2022
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Figure 2.Overall landscape plan(left)and close-up view of the Bowes and Nolan intersection(right)
The proposed solar farm would be an unmanned facility. The solar farm operations would be
monitored remotely. Site visits are planned once per month for any on-site maintenance and
troubleshooting. With no on-site equipment, the energy inverter is the only component that may
emit any noise.That noise,at 63.0 dB,is equivalent to a normal conversation between two people.
With no buildings,the facility is not required to provide any parking.The existing access driveway
will provide adequate space for parking of any maintenance vehicles. The "hammer-head"
terminus is designed to allow for emergency vehicle access and turn-around on the site.
The proposed development requires several departures from the requirements of the zoning
ordinance.The required departures are listed in Table 1 below and are further described in Planned
Development Departures and Exceptions section of the Findings of Fact.
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Recommendation & Findings of Fact
Petitions 06-22 and 07-22
April 4,2022
Table . Detail of Required Departures 3451 Bowes Road
Requirement Proposal
Construction of a utility With the construction of a
scale solar energy principal building No principal building proposed
system
Construction of an With the construction of a
accessory structure principal building No principal building proposed
fence
Height and style of a Max. 4-foot high and open 8-foot high and solid fence
fence in a street yard design
Number of ground-
mounted systems One Multiple
allowed
Location of ground-
mounted system In side and rear yard only In street yard
Installation of street Allowed only for May include a monument sign in the
graphics developments with a fume
principal buildings
The Community Development Department offers the following additional information:
A. Property History.The subject property was annexed to the city in 2003.Upon annexation,
the property was zoned PCF Planned Community Facility District and PSFR2 Planned
Single Family Residence District to allow for a single-family home subdivision.However,
specific plans for the subdivision were never submitted.
The property is mostly vacant and used for agricultural purposes. One farm building with
its own access driveway is located on the western portion of the site.
B. Surrounding Land Use and Zoning. The properties to the north, south, and east are all
located in unincorporated Kane County and are improved with estate-style single-family
homes. A property laying east of Nolan Road immediately north of the railroad tracks is
zoned PCF Planned Community Facility District and PSFR2 Planned Single Family
Residence District. That property is part of a larger development/ subdivision known as
The Glen, that was approved in 2007 for the construction of 68 single family homes, 76
single family attached homes(duplexes)and a 150-unit senior assisted living facility. The
mass grading of the site had commenced but was stopped shortly thereafter. The
construction of roads and homes never commenced. On the west side, the property is
adjacent to a vacant lot zoned PRB Planned Residence Business District part of Bowes
Creek Country Club Subdivision, and the city-owned sanitary sewer lift station.
-5 -
Recommendation&Findings of Fact
Petitions 06-22 and 07-22
April 4,2022
C. Comprehensive Plan. The subject property is designated as Single-family Detached by
the 2018 Comprehensive Plan. Single-family neighborhoods primarily comprising owner-
occupied, detached homes should continue to be the predominant land use in Elgin. This
land use includes smaller lot single-family typical of eastern and central portions of the
City as well as larger estates in more rural portions of the City's western Growth Area.
Within Elgin's historic core, isolated single-family attached and small-scale multi-family
development may occur as a complement to single-family development,but should respect
the scale,intensity,and character of the surrounding neighborhood.Densities should range
from 1.5 to 6.5 du/ac. However, more specifically, densities within the Western Growth
Area Residential should range from 1.5 to 2.5 du/ac.
D. Zoning District. The applicant is proposing to establish a new PCF Planned Community
Facility District.The purpose of the PCF Planned Community Facility District is to provide
a planned environment for various types of community facilities, subject to the provisions
of Chapter 19.60 Planned Development, of the Elgin Municipal Code. 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.
E. Trend of Development. The subject property is located west of Randall Road in the
Western Growth Area of Elgin. Most recent development in the area is the ongoing
construction of Bowes Creek Country Club Subdivision. All surrounding properties are
improved with single-family homes and residential uses. Staff anticipates the immediate
area will remain to be occupied with residential uses in the near future, except for the
commercially-zoned vacant properties at the southeast and southwest corner of Bowes
Creek Boulevard and Bowes Road,which are anticipated to develop with commercial uses.
FINDINGS
After due notice as required by law, the Planning and Zoning Commission conducted a public
hearing in consideration of Petitions 06-22 and 07-22 on April 4,2022. Testimony was presented
at the public hearing in support of the application. The Community Development Department
submitted a Development Application Review and Written Findings and Recommendation to the
Planning and Zoning Commission dated April 4,2022.
The Community Development Department and the Planning and Zoning Commission have made
the following findings regarding the application against the standards for map amendments
outlined in§ 19.55.030, and planned developments outlined in§ 19.60.040:
STANDARDS FOR MAP AMENDMENTS AND PLANNED DEVELOPMENTS
A. Site Characteristics Standard. The suitability of the subject property for the planned
-6-
Recommendation &Findings of Fact
Petitions 06-22 and 07-22
April 4,2022
development with respect to its size, shape, significant natural features including
topography, watercourses and vegetation and existing improvements.
Findings. The subject property is suitable for the intended planned development with
respect to its size, shape, significant features including topography, watercourses,
vegetation, and existing improvements. The 31.6-acre property is largely vacant and used
for agricultural purposes. The applicant is proposing to construct a ground-mounted solar
farm on the 19.5-acre of the property. The solar panels would generally occupy the central
portion of the site with an approximately 40-foot setback from the east property line along
Nolan Road and approximately 95-foot setback from the north property line along Bowes
Road. The property slopes down slightly towards the southeast corner of the property
where an underpass for Nolan Road under the existing railroad tracks exists. A small
wetland is located in the southeast corner of the property that would remain undisturbed.
No other significant natural features including topography, watercourses, vegetation, and
existing improvements that would have a negative impact on the proposed development.
B. Sewer and Water Standard. The suitability of the subject property for the planned
development with respect to the availability of adequate Municipal water, wastewater
treatment and stormwater control facilities.
Findings. The subject property is suitable for the intended planned development with
respect to the availability of adequate water, sanitary treatment, and storm water control
facilities. All existing municipal water,sanitary sewer, and stormwater utilities are located
in close proximity of the site. However, the proposed development does not have any
buildings and does not need to connect to any municipal water, sanitary sewer or
stormwater facilities.
The existing wetland, generally located in the southeast corner of the property would
remain undisturbed.The development will comply with all requirements of the stormwater
ordinance.
C. Traffic and Parking Standard. The suitability of the subject property for the planned
development with respect to the provision of safe and efficient on-site and off-site vehicular
circulation designed to minimize traffic congestion.
1. Nonresidential land uses should be located central and accessible to the area or
population served without requiring traffic movements through or into a residential
neighborhood. Nonresidential land uses should not be located within residential
neighborhoods, but on their periphery as defined by the "arterial street"[SRI system.
2. The number of locations for vehicular access to or from a public right of way should be
limited to those which are necessary for the reasonable use of the property and
consistent with current traffic engineering standards. Property with two (2) street
frontages should not be permitted access to or from the street with the higher degree of
continuity within the overall street system or with the higher traffic volume. With the
-7-
Recommendation&Findings of Fact
Petitions 06-22 and 07-22
April 4,2022
exception of residential driveways, locations for vehicular access to or from a public
right of way should be aligned directly opposite existing or approved locations across
the street.
Findings. The subject property is suitable for the intended planned development with
respect to the provision of safe and efficient on-site and off-site vehicular circulation
designed to minimize traffic congestion.Bowes Road is an arterial road under Kane County
jurisdiction.Nolan Road is a collector road under City of Elgin jurisdiction. The proposed
facility would reuse the existing access driveway off of Nolan Road but would have a
minimal impact on the existing traffic in the immediate area. The proposed solar farm is
an unmanned facility that is expected to have one site visit per month for general
maintenance and any troubleshooting.The applicant has agreed to dedicate a 27-foot-wide
land area along Bowes Road for future Bowes Road improvements, and a 33-foot-wide
land area along Nolan Road for any future improvements to Nolan Road.
With no proposed buildings, the facility is not required to provide any off-street parking.
The existing access driveway will provide adequate space for parking of any maintenance
vehicles. The "hammer-head"terminus is designed to allow for emergency vehicle access
and turn-around on the site.
D. Zoning History Standard. The suitability of the subject property for the planned
development with respect to the length of time the property has remained undeveloped or
unused in its current zoning district.
Findings. The property is suitable for the intended planned development with respect to
the length of time the property has remained undeveloped or unused in its current zoning
district. The subject property was annexed to the city in 2003. Upon annexation, the
property was zoned PCF Planned Community Facility District and PSFR2 Planned Single
Family Residence District to allow for a single-family home subdivision. However,
specific plans for the subdivision were never submitted.
The property is mostly vacant and used for agricultural purposes. One farm building with
its own access driveway is located on the western portion of the site.
E. Surrounding Land Use and Zoning Standard. The suitability of the subject property for
the planned development with respect to consistency and compatibility with surrounding
land use and zoning.
Findings. The property is suitable for the intended planned development with respect to
consistency and compatibility with surrounding land uses and zoning. The properties to the
north,south,and east are all located in unincorporated Kane County and are improved with
estate-style single-family homes. A property laying east of Nolan Road immediately north
of the railroad tracks is zoned PCF Planned Community Facility District and PSFR2
- 8 -
Recommendation &Findings of Fact
Petitions 06-22 and 07-22
April 4,2022
Planned Single Family Residence District. That property is part of a larger development/
subdivision known as The Glen,that was approved in 2007 for the construction of 68 single
family homes, 76 single family attached homes (duplexes) and a 150-unit senior assisted
living facility. The mass grading of the site had commenced but was stopped shortly
thereafter. The construction of roads and homes never commenced. On the west side, the
property is adjacent to a vacant lot zoned PRB Planned Residence Business District part of
Bowes Creek Country Club Subdivision, and the city-owned sanitary sewer lift station.
F. Trend of Development Standard. The suitability of the subject property for the planned
development with respect to consistency with an existing pattern of development or an
identifiable trend of development in the area.
Findings.The subject property is suited for the intended planned development with respect
to consistency with an existing pattern of development or an identifiable trend of
development in the area. The subject property is located west of Randall Road in the
Western Growth Area of Elgin. Most recent development in the area is the ongoing
construction of Bowes Creek Country Club Subdivision. All surrounding properties are
improved with single-family homes and residential uses. Staff anticipates the immediate
area will remain to be occupied with residential uses in the near future, except for the
commercially zoned vacant properties at the southeast and southwest corner of Bowes
Creek Boulevard and Bowes Road,which are anticipated to develop with commercial uses.
G. Planned Development District Standard: The suitability of the subject property for the
intended planned development district with respect to conformance to the provisions for
the purpose and intent, and the location and size of a zoning district.
Findings. The subject property is suitable for the intended planned development district
with respect to conformance to the provisions for the purpose and intent and the location
and size of a zoning district. The applicant is proposing to establish a new PCF Planned
Community Facility District.The purpose of the PCF Planned Community Facility District
is to provide a planned environment for various types of community facilities, subject to
the provisions of Chapter 19.60 Planned Development, of the Elgin Municipal Code. 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.
H. Comprehensive Plan Standard. The suitability of the subject property for the planned
development with respect to conformance to the goals, objectives, and policies of the
Official Comprehensive Plan
Findings. The subject property is suitable for the intended planned development with
respect to conformance to the goals,objectives,and policies of the Official Comprehensive
Plan. The subject property is designated as Single-family Detached by the 2018
-9-
Recommendation & Findings of Fact
Petitions 06-22 and 07-22
April 4,2022
Comprehensive Plan. Single-family neighborhoods primarily comprising owner-occupied,
detached homes should continue to be the predominant land use in Elgin. This land use
includes smaller lot single-family typical of eastern and central portions of the City as well
as larger estates in more rural portions of the City's western Growth Area. Within Elgin's
historic core, isolated single-family attached and small-scale multi-family development
may occur as a complement to single-family development, but should respect the scale,
intensity, and character of the surrounding neighborhood. Densities should range from 1.5
to 6.5 du/ac. However, more specifically, densities within the Western Growth Area
Residential should range from 1.5 to 2.5 du/ac.
ADDITIONAL STANDARDS FOR PLANNED DEVELOPMENTS
I. Conditional Use for a Planned Development: Where applicable, the suitability of the
subject property for the intended conditional use for a planned development with respect
to the provision for the purpose and intent of planned developments and with respect to the
provisions of section 19.65.010 of the zoning ordinance. No conditional use for a planned
development should be granted for the sole purpose of introducing a land use not otherwise
permitted on the subject property.
Findings. This standard is not applicable. The applicant is not seeking approval of a
planned development as a conditional use.
J. Natural Preservation Standard. The suitability of the subject property for the intended
planned development with respect to the preservation of all significant natural features
including topography, watercourses, wetlands, and vegetation.
Findings. The subject property is suitable for the intended planned development with
respect to the preservation of all significant natural features including topography,
watercourses,wetlands,and vegetation.The topography of the property slopes down to the
southeast corner of the property where an underpass for Nolan Road underneath the
railroad tracks exists.A wetland is generally located in the southeast corner of the property
that would remain undisturbed.
No significant vegetation exists on the property. The majority of the property is used for
agricultural purposes. The applicant would install a 20-foot landscape buffer along the
entire frontage of the property along Bowes Road, and along most of the property's
frontage along Nolan Road. Most of landscaping to be installed within this buffer will
include 8-foot-high evergreen trees with intermittent shade trees and shrubs.
K. Internal Land Use. 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.
- 10-
Recommendation &Findings of Fact
Petitions 06-22 and 07-22
April 4,2022
Findings. The subject property is suitable 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
properties. The applicant is proposing to construct a ground-mounted utility scale solar
farm.As an unmanned facility,the proposal will not have any impact on the existing traffic
pattern in the immediate area.
The proposed solar panels are ground-mounted with the highest point of the structures
approximately nine feet above grade. The applicant would install an 8-foot high solid,trex
(composite)fence and a 20-foot-wide landscape buffer on the exterior of the fence, which
would entirely screen the facility.
No structures and no equipment is planned. The solar panels would connect directly to the
ComEd power grid adjacent to the south.
The proposed development would not have any undue detrimental effects on surrounding
properties and uses.
PLANNED DEVELOPMENT DEPARTURES AND EXCEPTIONS
The applicant is requesting the following departures from the requirements of the zoning
ordinance:
1. Section 19.90.015, "Definitions and Regulations". The ground-mounted solar energy
system is considered an accessory structure which requires the construction of a principal
building. The applicant is not proposing to construct a principal building.
2. Section 19.90.015, "Definitions and Regulations". One ground-mounted solar energy
system is permitted for each principal building. The applicant is proposing multiple
ground-mounted solar energy systems without a principal building.
3. Section 19.90.015, "Definitions and Regulations". The ground-mounted solar energy
systems are allowed in side and rear yards. Without a proposed principal building, the
proposed ground-mounted solar energy systems are located in the street yard.
4. Section 19.90.015, "Definitions and Regulations". A construction of an accessory
structure, such as a fence, is not permitted without and prior to the construction of a
principal building. The applicant is proposing an 8-foot-high solid fence to enclose the
proposed solar farm without a principal building.
5. Section 19.90.015, "Definitions and Regulations". The maximum permitted height and
style of a fence in the street yard is 4 feet high and open design fence. The applicant is
- 11 -
Recommendation & Findings of Fact
Petitions 06-22 and 07-22
April 4,2022
proposing to install an 8-foot high, solid,trex(composite)fence surrounding the proposed
solar farm.
6. 19.50.070, "Monument Graphics". The construction of a monument graphic is allowed
only on properties which have a principal building. The applicant is not proposing a
principal building and may install a monument graphic in the future.
Staff finds the proposed departures are appropriate and necessary for the construction of a desirable
development on a long vacant site.
The applicant is proposing a utility scale solar energy system which does not require the
construction of any buildings. Therefore, all solar energy systems are ground-mounted structures
to which solar panels are attached. Multiple such ground-mounted solar panels are necessary to
generate the necessary 4.5MW solar farm to make the project feasible.With no principal buildings,
the ground-mounted solar systems are essentially in the street yard. However,the applicant would
maintain an approximately 40-foot setback from the east property line along Nolan Road and an
approximately 95-foot setback from the north property line along Bowes Road.
The applicant is proposing the 8-foot solid fence to provide adequate screening of the proposal
solar farm for the surrounding residences located north of Bowes Road and east of Nolan Road. In
addition, the applicant would install a 20-foot-wide landscape buffer on the exterior of the fence
to soften the look of the fence and provide additional screening.
At this time, the applicant is not proposing any street graphics. The approval of a departure for a
monument graphic would allow the applicant to install a monument graphic on the property in the
future. Such monument graphic would have to comply with all requirements of the zoning
ordinance including but not limited to the sign surface area, height, and landscaping around the
base of the sign.
RECOMMENDATION
The Community Development Department and the Planning and Zoning Commission recommend
approval of Petitions 06-22 and 07-22, subject to the following conditions:
1. Substantial conformance to the Development Application submitted by Mid-America
Green Energy, LLC, as applicant, and Bowes Center LLC, as property owner, received
August 16 ,2022, and supporting documents including:
a. Undated Statement of Purpose, received March 30, 2022;
b. Plat of Survey of SW Corner Bowes and Nolan Roads, Elgin, IL, prepared by
Cemcon, Ltd.,dated May 13,2018;
c. Plat of Dedication & Grant of Easement to the Kane County Division of
- 12 -
Recommendation & Findings of Fact
Petitions 06-22 and 07-22
April 4,2022
Transportation, prepared by Cemcon, Ltd., dated February 14, 2022, last revised
March 30,2022,with such further revisions as required by the City Engineer;
d. Plat of Dedication&Grant of Easement to the City of Elgin,prepared by Cemcon,
Ltd., dated February 14, 2022, last revised March 29, 2022, with such further
revisions as required by the City Engineer;
e. Site Plan Elgin Solar Farm SWC Bowes Road and Nolan Road Elgin, Illinois,
prepared by Spaceco Inc., dated January 27, 2022, last revised March 29, 2022,
with such further revisions as required by the Community Development Director;
f. Elgin Solar Farm SWC Bowes Road and Nolan Road Elgin, IL Landscape Plan,
Sheet 1 of 2, prepared by Gary R. Weber Associates, Inc., dated March 29, 2022,
such further revisions as required by the Community Development Director;
g. Elgin Solar Faun SWC Bowes Road and Nolan Road Elgin, IL Landscape
Specifications, Sheet 2 of 2, prepared by Gary R. Weber Associates, Inc., dated
March 29, 2022, with such further revisions as required by the Community
Development Director;
h. Landscape Buffer Elevation Elgin Solar Farm Elgin, Illinois,prepared by Gary R.
Weber Associates, Inc., dated March 30, 2022, with such further revisions as
required by the Community Development Director; and
i. Six-page plans titled:"Elgin Community Solar",including sheets:E0.0,E0.1,E0.2,
E0.3,E10,and E30,prepared by Verde Solutions LLC,dated March 30,2022,with
such further revisions as required by City Engineer.
In the event of any conflict between such documents and the terms of this ordinance or other
applicable city ordinances, the terms of this ordinance or other applicable city ordinances shall
supersede and control.
2. A departure is hereby granted to allow the construction of a ground-mounted utility scale
solar energy system(solar farm)without a principal building.
3. A departure is hereby granted to allow the construction of multiple ground-mounted solar
energy systems on the Subject Property.
4. A departure is hereby granted to allow the construction of ground-mounted solar energy
systems within the street yards along Bowes Road and Nolan Road.
5. A departure is hereby granted to allow the construction of a fence on the property without
a principal building.
6. A departure is hereby granted to allow the construction of an 8-foot-high solid trex
(composite) fence, color Woodland Brown,within the street yards along Bowes Road and
Nolan Road.
7. A departure is hereby granted to allow the construction of one monument graphic on the
- 13 -
Recommendation&Findings of Fact
Petitions 06-22 and 07-22
April 4, 2022
property without a principal building. Notwithstanding, such monument graphic shall
comply with all requirements of the zoning ordinance, including but not limited to the
maximum permitted height, sign surface area, and required landscaping.
8. Prior to the issuance of a building permit, the applicant shall provide a written
correspondence from Commonwealth Edison (ComEd) authorizing the connection of the
proposed solar farm to the ComEd energy grid.
9. Any proposed outdoor lighting shall be installed in compliance with the zoning ordinance.
10. Any accessory equipment proposed to be installed, shall be located within fully enclosed
buildings. A departure is hereby granted to allow the construction of such accessory
buildings on the Subject Property without a principal building. The exterior of such
accessory buildings shall be constructed of traditional masonry materials as approved by
the Community Development Director.
11. The existing building with its accessory parking area and access driveway, all located on
the western portion of the Subject Property, shall be removed and restored at the time of
solar farm construction.
12. Compliance with all applicable codes and ordinances.
The vote of the Planning and Zoning Commission on the motion to recommend approval, subject
to the conditions outlined by the Community Development Department,was five(5)yes,zero(0)
no, and zero(0)abstentions.Two members were absent.
Respectfully Submitted,
s/Jay Cox
Jay Cox,Chairman
Planning&Zoning Commission
s/Damir Latinovic
Damir Latinovic,AICP; Secretary
Planning&Zoning Commission
- 14 -
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Petition 06-22 and 07-22
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