HomeMy WebLinkAboutG35-23 Ordinance No. G35-23
AN ORDINANCE
GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT IN THE GI
GENERAL INDUSTRIAL DISTRICT WITH CERTAIN DEPARTURES FROM THE ELGIN
ZONING ORDINANCE
(450 Shepard Drive)
WHEREAS, written application has been made requesting conditional use approval for a
planned development to construct a six-foot-high, open design fence within the street yards east
and south of the existing building with certain departures from the Elgin zoning ordinance at 450
Shepard Drive; and
WHEREAS, the zoning lot containing the premises at 450 Shepard Drive is legally
described herein(the"Subject Property"); and
WHEREAS, the Subject Property contains less than two (2) acres of land and is located
within the GI General Industrial District, and a planned development on a zoning lot containing
less than two(2)acres of land is listed as a conditional use within the GI General Industrial District;
and
WHEREAS,the Planning and Zoning Commission conducted a public hearing concerning
said application on July 10, 2023, 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 conditional use
for a planned development in the GI General Industrial 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 the City Council of the City of Elgin hereby adopts the Findings of
Fact, dated July 10, 2023, 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 2. That a conditional use for a planned development to construct a six-foot-
high, open design fence within the street yards east and south of the existing building with certain
departures from the Elgin zoning ordinance is hereby granted for the property commonly known
as 450 Shepard Drive, and commonly identified by the Kane County Property Index Number 06-
22-179-004, and legally described as follows:
Lots 2 and 3 of Second Addition to Burnidge Bros. Industrial Park Block A and B of Unit
No. 1 Recorded as Document 1172134 at Plat Book 55 Page 27, in the City of Elgin,
Illinois.
(commonly known as 450 Shepard Drive)
Section 3. That the conditional use for the Subject Property as authorized by this
ordinance shall be subject to the following additional conditions:
1. Substantial conformance to the Development Application submitted by Grand Legacy
Group LLC, as applicant, and Elgin Properties LLC, as property owner,received April
27, 2023, and supporting documents including:
a. Undated Conditional Use Statement of Purpose&Conformance,received April 27,
2023;
b. ALTA/NSPS Land Title Survey,prepared by United Survey Services, LLC, dated
September 7, 2022;
c. Architectural Site Plan, Sheet AS 1.0, prepared by Cobu Architecture Studio, dated
March 15, 2023, last revised June 22, 2023, with such further revisions as required
by the Community Development Director; and
d. Architectural Site Plan, Sheet AS1.1, prepared by Cobu Architecture Studio, dated
March 15, 2023, last revised June 22, 2023, with such further revisions as required
by the Community Development Director.
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 construct a six-foot-high, black, open design fence
within the street yards east and south of the building.
3. A departure is hereby granted to allow the installation of a six-foot-high, black, open
design fence a minimum of twelve (12) feet from the intersection of pavements of
Shepard Drive and Berkley Street.
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4. The applicant shall submit a formal landscape plan at the time of fence permit review.
5. Compliance with all applicable codes and ordinances.
Section 4. That this ordinance shall be in full force and effect upon its passage in the
manner provided by law.
David J. K tai ayor
Presented: August 23, 2023
Passed: August 23, 2023
Omnibus Vote: Yeas: 9 Nays: 0
Recorded: August 23, 2023
Published: August 23, 2023 t ' ,
fey FLC�M,q\ a
Kimberly Dewis, it erk
3
EXHIBIT A
July 10, 2023
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 Petition 12-23, an application by
Grand Legacy Group LLC,as applicant,and Elgin Properties LLC, as property owner, requesting
approval of a planned development as a conditional use with departures from the Elgin Municipal
Code requirements for the height of a fence within the street yard,and any other departures as may
be necessary or desirable, to construct a six-foot high, open-design fence in the street yards south
and east of the existing building at the property commonly referred to as 450 Shepard Drive.
GENERAL INFORMATION
Petition Number: 12-23
Property Location: 450 Shepard Drive
Requested Action: Conditional use for a planned development
Current Zoning: GI General Industrial District
Proposed Zoning: GI General Industrial District
Existing Use: Vacant office building
Proposed Use: Adult-use cannabis craft grower
Applicant: Grand Legacy Group LLC
Owner Elgin Properties LLC
Staff Coordinator: Damir Latinovic,AICP. Senior Planner
Recommendation & Findings of Fact
Petition 12-23
July 10,2023
Exhibits Attached: A. Aerial/Location Map
B. Zoning Man
C. Parcel May
D. Site Location
E. Development Application and Attachments
F. Draft Ordinance
BACKGROUND
Grand Legacy Group LLC, as applicant, and Elgin Properties LLC, as property owner, are
requesting approval of a planned development as a conditional use with departures from the Elgin
Municipal Code requirements for the height of a fence within the street yard, and any other
departures as may be necessary or desirable, to construct a six-foot high, open-design fence in the
street yards south and east of the existing building at the property commonly referred to as 450
Shepard Drive.
The 1.1-acre property, zoned GI General Industrial District, is located at the northwest corner of
Shepard Drive and Berkley Street in the Burnidge Bros. Industrial Park. The property is improved
with a two-story approximately 30,000-square foot building and 57 parking spaces in three surface
parking lots located north and south of the building. The property has three access driveways: one
access driveway to Shepard Drive provides access to the north parking lot, while two access
driveways to Berkley Street provide access to the two parking areas south of the building. The
building has two loading docks on the south side of the building with access from Berkley Street.
The multi-tenant building is home to several office suites but is currently vacant. In December
2022, the City of Elgin granted the conditional use (zoning approval) for the establishment of an
adult-use cannabis craft grower by Grand Legacy Group within the existing building. Grand
Legacy Group has recently submitted an application for a building permit to commence the
building renovations for the proposed cannabis craft grower.
The property adjacent to the west is zoned GI General Industrial District and is improved with a
one-story manufacturing building home to Simplomatic,a manufacturer of various metal products.
The property adjacent to the north is a one-story office building, zoned Cl Commercial Industrial
District,home to an engineering company. The property to the east across Shepard Drive is zoned
CI Commercial Industrial District and is improved with a one-story commercial building home to
Elgin Lanes bowling alley. The property to the south across Berkley Street is vacant open space
part of the 14-acre property zoned PGI Planned General Industrial District which includes a
246,000-square foot office and warehousing building home to Stamar Packaging, a packaging
supply company.
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Recommendation & Findings of Fact
Petition 12-23
July 10, 2023
Su 'ect Pr
r
ITE
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Figure 1.Site area map with zoning overlay
Proposal
Grand Legacy Group is proposing to install a six-foot high,black, ornamental, open-design fence
around its property at 450 Shepard Drive.The fence extends east and south of the building into the
street yards along Shepard Dive and Berkley Street where only a 4-foot-high open design fence is
allowed.Therefore,the applicant is seeking the approval of a planned development with departures
from the fence regulations to install the proposed fence.
The proposed fence would enclose the existing parking lots north and south of the building. Three
new rolling gates would be installed across the access driveways to each parking lot.The applicant
has agreed to install additional landscaping materials along the east side of the fence facing
Shepard Drive. The new landscaping will soften the look of the fence along Shepard Drive.
The existing parking lot south of the building is located approximately one foot from the south
property line, which is enough space for the installation of the new fence. However, there is no
room to install similar landscaping materials on the exterior of the fence along the south property
line facing Berkley Street.
The proposed fence is located 12 feet from the street curb of the intersection of Shepard Drive and
Berkley Street. This is within the required 20-foot setback from such intersection to prevent view
obstruction. The open design of the fence, however, will not obstruct the view of drivers along
Shepard Drive and Berkley Street.
As the property is less than two acres in size, the applicant is requesting approval of a planned
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Recommendation & Findings of Fact
Petition 12-23
July 10,2023
development as a conditional use to allow for the two departures from the zoning ordinance
requirements related to the proposed fence. The required departures are listed in Table 1 below
and are further described in Planned Development Departures and Exceptions section of the staff
report further below.
Table 1.Detail of Departures for 450 Shepard Drive
Requirement Proposal
Fence within street 4 ft max. height 6 ft high,open design fence
yards
Max. 3-ft high obstruction,
such as a fence or a wall, 12-ft setback of the proposed fence
View Obstruction within 20-feet of the from the intersection of pavements of
intersection of two Shepard Drive and Berkley Street.
streets/pavements
The Community Development Department offers the following additional information:
A. Property History. The subject property was annexed to the City in 1962. Upon
annexation, the property was zoned M1 Limited Manufacturing. The property was
subdivided in 1970, and the existing two-story office building was completed in 1976. In
1992, the property was rezoned to CI Commercial Industrial District as part of the
comprehensive amendment to the zoning ordinance.
In 2022, the City approved the rezoning of the property to GI General Industrial District
by Ordinance No. G67-22, and a conditional use for an adult-use cannabis craft grower
by Ordinance No. G68-22.
B. Surrounding Land Use and Zoning. The property adjacent to the west is zoned GI
General Industrial District and is improved with a one-story manufacturing building home
to Simplomatic, a manufacturer of various metal products. The property adjacent to the
north is a one-story office building, zoned CI Commercial Industrial District, home to an
engineering company. The property to the east across Shepard Drive is zoned Cl
Commercial Industrial District and is improved with a one-story commercial building
home to Elgin Lanes bowling alley. The property to the south across Berkley Street is
vacant open space part of the 14-acre property zoned PGI Planned General Industrial
District which includes a 246,000-square foot office and warehousing building home to
Stamar Packaging, a packaging supply company.
C. Comprehensive Plan.The subject property is designated as Light Industrial by the City's
2018 Comprehensive Plan. This land use includes light-industrial uses and business parks
consisting of a range of uses such as research and development, light distribution and
warehousing, light manufacturing, and service and consumer-oriented businesses. The
scale and intensity of these uses should vary based on context and respect the scale and
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Recommendation & Findings of Fact
Petition 12-23
July 10,2023
character of nearby housing when located near a residential area. When adjacent to a
commercial district or residential neighborhoods, buffering and screening should be in
place to appropriately mitigate potential negative impacts and nuisances. Generally
speaking, light-industrial uses and activities are conducted entirely indoors and are
relatively low in intensity with limited impact on adjacent properties.
D. Zoning District.The purpose of the GI General Industrial District is to provide an alternate
industrial environment for those industrial uses that do not require the location or
environment of an ORI zoning district.
E. Trend of Development. The subject property is located in the Burnidge Bros. Industrial
Park located south of US Highway 20 and west of S. McLean Boulevard. On the west,the
industrial park borders a multi-family residential neighborhood, and on the south, the
industrial park borders the Elgin Community College campus. The properties along S.
McLean Boulevard have developed with general commercial auto-oriented uses and
restaurants. Most recent developments within the industrial park include renovations to
existing properties, including the R+L Carriers facilities at 375 Second Street and 1751
Berkley Street, as well as the improvements to the 250,000-square foot building at 1600
Fleetwood Drive.
Staff is noting a renewed interest in the area following the completion of the US Highway
20 and S. McLean Boulevard intersection and the improved access that this project has
provided for this industrial area.
FINDINGS
After due notice as required by law, the Planning and Zoning Commission conducted a public
hearing in consideration of Petition 12-23 on July 10,2022.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 July 10, 2023
The Community Development Department and the Planning and Zoning Commission have made
the following findings regarding this application against the standards for planned developments
outlined in § 19.60.040, and standards for conditional uses outlined within § 19.65.030:
STANDARDS FOR PLANNED DEVELOPMENTS
A. Site Characteristics Standard. The suitability of the subject property for the planned
development with respect to its size, shape, significant natural features including
topography, watercourses and vegetation and existing improvements.
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Recommendation & Findings of Fact
Petition 12-23
July 10, 2023
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 1.1-acre property is improved with an
approximately 30,000-square foot two-story multi-tenant office building and surface
parking lots with 57 parking spaces. The existing property improvements cover almost the
entire property with little open space. There are a couple mature trees on the subject
property along Shepard Drive that would remain. The applicant is proposing to install a
six-foot-high, black, ornamental, open design fence to enclose the parking areas for
additional security.The applicant would install rolling gates across the three existing access
driveways, and will install additional landscaping materials on the exterior of the fence
along the east property line. There are no existing natural features, including topography
or watercourses that would have a negative impact on the proposed use of the existing
building.
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. The subject property is served by municipal water, sanitary sewer, and
stormwater utilities. The existing utilities can adequately service the proposed use. The
applicant is not proposing to make any changes to the existing water, sanitary sewer, and
stormwater infrastructure.
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
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
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Recommendation & Findings of Fact
Petition 12-23
July 10, 2023
designed to minimize traffic congestion. The subject property includes three parking lots,
one north of the building and two south of the building. The access to the parking lot on
the north side of the building is from the full access driveway on Shepard Drive. Each of
the two parking lots south of the building has its own full access driveway to Berkley Street.
The applicant is proposing to install a six-foot-high, open design fence to enclose the
existing parking lots for additional security. Rolling gates would be installed across each
driveway entrance, and would not have any negative effect on the existing on-site and off-
site traffic circulation.
The proposed fence would be approximately twelve feet from the intersection of pavements
of Shepard Drive and Berkley Street, which is less than the 20-foot required setback.
However,the proposed fence will not cause any view obstructions for the drivers because
of its open design.
As such,the proposal will not have any negative effect on the existing traffic circulation in
the immediate area.
The proposed fence will not result in the loss of any on-site parking spaces. The future
cannabis craft grower facility is required to have one parking space per 1,000 square feet
of building floor area,or one parking space per 1.5 employees,whichever is greater. With
30,216 square feet and maximum 14 employees,the facility is required 30 parking spaces.
With 56 parking spaces proposed to remain,the property will continue to meet the parking
requirement.
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 1962. Upon annexation, the
property was zoned M1 Limited Manufacturing.The property was subdivided in 1970,and
the existing two-story office building was completed in 1976. In 1992, the property was
rezoned to Cl Commercial Industrial District as part of the comprehensive amendment to
the zoning ordinance.
In 2022, the City approved the rezoning of the property to GI General Industrial District
by Ordinance No. G67-22 and a conditional use for an adult-use cannabis craft grower by
Ordinance No. G68-22.
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.
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Recommendation & Findings of Fact
Petition 12-23
July 10,2023
Findings. The property is suitable for the intended planned development with respect to
consistency and compatibility with surrounding land uses and zoning. The property
adjacent to the west is zoned GI General Industrial District and is improved with a one-
story manufacturing building home to Simplomatic, a manufacturer of various metal
products. The property adjacent to the north is a one-story office building, zoned CI
Commercial Industrial District,home to an engineering company.The property to the east
across Shepard Drive is zoned Cl Commercial Industrial District and is improved with a
one-story commercial building home to Elgin Lanes bowling alley. The property to the
south across Berkley Street is vacant open space part of the 14-acre property zoned PGI
Planned General Industrial District which includes a 246,000-square foot office and
warehousing building home to Stamar Packaging, a packaging supply company.
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 in the Burnidge Bros. Industrial
Park located south of US Highway 20 and west of S. McLean Boulevard. On the west,the
industrial park borders a multi-family residential neighborhood, and on the south, the
industrial park borders the Elgin Community College campus. The properties along S.
McLean Boulevard have developed with general commercial auto-oriented uses and
restaurants. Most recent developments within the industrial park include renovations to
existing properties, including the R+L Carriers facilities at 375 Second Street and 1751
Berkley Street, as well as the improvements to the 250,000-square foot building at 1600
Fleetwood Drive.
Staff is noting a renewed interest in the area following the completion of the US Highway
20 and S. McLean Boulevard intersection and the improved access that this project has
provided for this industrial area.
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. This standard is not applicable. The applicant is not seeking approval of a
planned development district as a map amendment.
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
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Recommendation & Findings of Fact
Petition 12-23
July 10,2023
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 Light Industrial by the City's 2018
Comprehensive Plan. This land use includes light-industrial uses and business parks
consisting of a range of uses such as research and development, light distribution and
warehousing, light manufacturing, and service and consumer-oriented businesses. The
scale and intensity of these uses should vary based on context and respect the scale and
character of nearby housing when located near a residential area. When adjacent to a
commercial district or residential neighborhoods, buffering and screening should be in
place to appropriately mitigate potential negative impacts and nuisances. Generally
speaking, light-industrial uses and activities are conducted entirely indoors and are
relatively low in intensity with limited impact on adjacent properties.
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. The subject property is suitable 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. The applicant is proposing a planned development as a conditional use to allow
for the two departures from the site design requirements of the zoning ordinance related to
the proposed fence. The 1.1-acre property is less than two acres, which is necessary to
establish a Planned Development District. The proposed conditional use for a planned
development would allow for installation of a six-foot high fence to enclose the on-site
parking lot for additional security. The proposed fence is located approximately 12 from
the intersection of pavements of Shepard Drive and Berkely Street,but would not result in
any view obstruction because of its open design.The proposal would not have any negative
effect on the surrounding properties.
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 existing property improvements cover almost
the entire property with little open space. There are a couple mature trees on the subject
property along Shepard Drive that would remain. The applicant has agreed to install
additional landscaping materials on the exterior of the fence along the east property line to
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Recommendation & Findings of Fact
Petition 12-23
July 10,2023
soften the impact of the fence on public view. There are no existing natural features,
including topography or watercourses that would have a negative impact on the proposed
use of the existing building.
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.
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 proposed fence is similar to other recent fence installations on light-
industrial properties across the City,including the six-foot-high fence installed on the R+L
Carriers trucking facility one block to the west. The proposed fence would not have any
negative impact on the surrounding properties and uses.
PLANNED DEVELOPMENT DEPARTURES AND EXCEPTIONS
The applicant is requesting the following departures from the requirements of the zoning
ordinance:
1. Sections 19.90.015, "Definitions and Regulations". Within the street yard, a maximum
four-foot-high open design fence, or a maximum three-foot high wall is permitted. The
applicant is proposing a six-foot-high,open design fence within the street yards.
2. Sections 19.12.600, "Obstructions in Yards". A line-of-sight control area within 20 feet
of the intersection of pavements of two streets shall be clear of any obstructions higher than
three feet. The applicant is proposing a six-foot-high, open-design fence 12 feet from the
intersection of pavements of two streets.
Staff finds the proposed departures are appropriate and necessary to achieve the desired security
for the proposed adult-use cannabis craft grower.
While all cannabis production activities will be conducted on the interior of the building,which is
fully secured, the proposed six-foot-high fence will provide an additional level of security. The
proposed fence is similar to other such fences installed on light-industrial properties throughout
the city, including on the R+L Carriers trucking facility one block to the west. The applicant has
also agreed to install additional landscaping on the exterior of the proposed fence along Shepard
Drive to soften the appearance of the fence.
The proposed fence is located 12 feet at its closest point from the intersection of pavements of
Shepard Drive and Berkley Street because the existing parking lot south of the building is located
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Recommendation & Findings of Fact
Petition 12-23
July 10, 2023
approximately one foot from the south property. The fence is appropriately proposed to fully
enclose all parking areas,but as such it is located within the 20-foot line of sight. The open design
of the fence will still allow drivers on Shepard Drive and Berkley Street to see through oncoming
traffic.
The proposed fence represents the minimum change to an existing property undergoing adaptive
reuse for a more contemporary use, and is similar to fences installed on other light-industrial
properties throughout the City. The proposed fence will not have a negative effect on the
surrounding properties and uses.
STANDARDS FOR CONDITIONAL USE
A. Site Characteristics Standard. The suitability of the subject property for the intended
conditional use with respect to its size, shape, significant features including topography,
watercourses, vegetation, and existing improvements.
Findings.The subject property is suitable for the intended conditional use with respect to
its size, shape, significant features including topography, watercourses, vegetation, and
existing improvements. The 1.1-acre property is improved with an approximately 30,000-
square foot two-story multi-tenant office building and surface parking lots with 57 parking
spaces. The existing property improvements cover almost the entire property with little
open space. There are a couple mature trees on the subject property along Shepard Drive
that would remain.The applicant is proposing to install a six-foot-high,black,ornamental,
open design fence to enclose the parking areas for additional security.The applicant would
install rolling gates across the three existing access driveways, and will install additional
landscaping materials on the exterior of the fence along the east property line.There are no
existing natural features, including topography or watercourses that would have a negative
impact on the proposed use of the existing building.
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 subject property is suitable for the intended conditional use with respect to
the availability of adequate water, sanitary treatment, and storm water control facilities.
The subject property is served by municipal water,sanitary sewer,and stormwater utilities.
The existing utilities can adequately service the proposed use. The applicant is not
proposing to make any changes to the existing water, sanitary sewer, and stormwater
infrastructure.
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
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Recommendation & Findings of Fact
Petition 12-23
July 10, 2023
vehicular circulation designed to minimize traffic congestion.
Findings. The subject property is suitable 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. The subject property includes three parking lots,one north of
the building and two south of the building. The access to the parking lot on the north side
of the building is from the full access driveway on Shepard Drive. Each of the two parking
lots south of the building has its own full access driveway to Berkley Street. The applicant
is proposing to install a six-foot-high, open design fence to enclose the existing parking
lots for additional security.Rolling gates would be installed across each driveway entrance,
and would not have any negative effect on the existing on-site and off-site traffic
circulation.
The proposed fence would be approximately twelve feet from the intersection of pavements
of Shepard Drive and Berkley Street, which is less than the 20-foot required setback.
However,the proposed fence will not cause any view obstructions for the drivers because
of its open design.
As such,the proposal will not have any negative effect on the existing traffic circulation in
the immediate area.
The proposed fence will not result in the loss of any on-site parking spaces. The future
facility is required to have one parking space per 1,000 square feet of building floor area,
or one parking space per 1.5 employees,whichever is greater.With 30,216 square feet and
maximum 14 employees,the facility is required 30 parking spaces.With 56 parking spaces
proposed to remain,the property will continue to meet the parking requirement.
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 subject property is suitable for the intended conditional use with respect to
it being located, designed, and operated so as to promote the purpose and intent of the
zoning ordinance.
The proposed fence is similar to other recent fence installations on light-industrial
properties across the City, including the fence at the R+L Carriers trucking facility one
block to the west. The applicant is requesting the approval of a planned development to be
able to install the same height of a fence in street yards as in the rear yard because the
parking lots, which need to be enclosed, are located in the street yards. No evidence has
been submitted or found that the proposed fence will exercise any detrimental impact on
surrounding properties.
E. Historic Preservation Standard. Where applicable, the conditional use shall make
possible an efficient contemporary use of, or a compatible improvement to a designated
- 12 -
Recommendation & Findings of Fact
Petition 12-23
July 10, 2023
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. The subject property is neither designated as a
local historic landmark nor is it located within a locally designated historic district.
RECOMMENDATION
The Community Development Department and the Planning and Zoning Commission recommend
approval of Petition 12-23, subject to the following conditions:
1. Substantial conformance to the Development Application submitted by Grand Legacy
Group LLC,as applicant,and Elgin Properties LLC, as property owner,received April 27,
2023, and supporting documents including:
a. Undated Conditional Use Statement of Purpose & Conformance, received April 27,
2023;
b. ALTA/NSPS Land Title Survey, prepared by United Survey Services, LLC, dated
September 7,2022;
c. Architectural Site Plan, Sheet AS1.0, prepared by Cobu Architecture Studio, dated
March 15, 2023, last revised June 22, 2023, with such further revisions as required by
the Community Development Director; and
d. Architectural Site Plan, Sheet AS1.1, prepared by Cobu Architecture Studio, dated
March 15, 2023, last revised June 22, 2023, with such further revisions as required by
the Community Development Director.
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 construct a six-foot-high,black,open design fence within
the street yards east and south of the building.
3. A departure is hereby granted to allow the installation of a six-foot-high,black,open design
fence a minimum of twelve(12) feet from the intersection of pavements of Shepard Drive
and Berkley Street.
4. The applicant shall submit a formal landscape plan at the time of fence permit review.
5. Compliance with all applicable codes and ordinances.
- 13 -
Recommendation & Findings of Fact
Petition 12-23
July 10,2023
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 three(3)yes,zero(0)
no, and one(1) abstention. Three 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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EXHIBITA Aerial/Location Map N
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Petition 12-23 `
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Legend
ORC Residence Conservation 1 Be $t
QRC2 Residence Conservation 2 PR C
ORC3 Residence Conservation 3
QPRC Planned Residence Conservation PGI o r
QSFR1 Single Family Residence 1
OPSFR1 Planned Single Family Residence Cz -
O SFR2 Single Family Residence 2 Q) jr B
OPSFR2 Planned Single Family Residence
Q TRF Two Family Residence i
QPTRF Planned Two Family Residence
O MFR Multiple Family Residence G I PG I p(
Q PMFR Planned Multiple Family Residence V
QRB Residence Business
O PRB Planned Residential Business 1=leetwo
NB Neighborhood Business
OPNB Planned Neighborhood Business
AB Area Business
-PAB Planned Area Business - ... - NB/
-CC Center City 1
-CC2 Center City 2 Hoffer Dr / PRC
PCC Planned Center City Z
-ORI Office Research Industrial /
-PORI Planned Office Research Industrial
-GI General Industrial
-PGI Planned General Industrial
-Cl Commercial Industrial !y
-CF Community Facility O��O
-PCF Planned Community Facility PNB Spawn Ur
EXHIBIT Zoning Map Wa"yE
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Map prepared by City of Elgin 0 80 160 320 480 640
Department of Community Development Feet
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Subject Property
450 Shepard Dr.
Petition 12-23
0622179004
Berkley St
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EXHBIIT C Parcel Map N
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City of Elgin 0 15 30 60 90 120
Department of Community Development Feet
EXHIBIT D
SITE LOCATION
450 Shepard Dive
Petition 12-23
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Bird's eye view looking south
EXHIBIT D
SITE LOCATION
450 Shepard Dive
Petition 12-23
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East elevation of the existing building
South elevation of the existing building