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Home My WebLink AboutG36-20 Ordinance No. G36-20 AN ORDINANCE AMENDING CHAPTER 19.50 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "STREET GRAPHICS" WHEREAS, a written application has been made to amend Chapter 19.50 of the Elgin Zoning Ordinance entitled "Street Graphics" to allow murals in the CC2 Center City District; and WHEREAS,the Planning and Zoning Commission conducted a public hearing concerning said application on August 3, 2020, following due notice including by publication; and WHEREAS, the Community Development Department and the Planning and Zoning Commission have submitted their written findings and recommendation that the requested amendments be granted; and WHEREAS, the City Council concurs with the findings and recommendation of 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,regulations in the city's zoning ordinance relating to street graphics, pertain 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 August 3, 2020 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 Section 19.50.090 of the Elgin Municipal Code, 1976, as amended, entitled "Special Street Graphics" be and is hereby further amended by amending subparagraph M. 1. thereof to read as follows: "1. Murals shall be allowed only in the CC1 Center City District, CC2 Center City District, as well as the like Planned Development Districts." Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed to the extent of any such conflict. Section 4. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. avid J. Ka in ayor Presented: September 9, 2020 Passed: September 9, 2020 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: September 9, 2020 '' ''. Published: September 10, 2020 `" F`°'" 4` ✓ k Y Attest: Cbl-A/(40 �M1 tt •,y ddd Kimber y Dewis, Cit lerk _ - tt 2 FINDINGS OF FACT PETITION 18-20 ZONING ORDINANCE TEXT AMENDMENT MURALS in CC2 District EXHIBIT A August 3, 2020 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 18-20, an application by the Development Administrator of the City of Elgin as Applicant,to amend Chapter 19.50,"Street Graphics"of Title 19, "Zoning", of the Elgin Municipal Code, 1976 as amended,to allow murals in the CC2 Center City District. GENERAL INFORMATION Petition Number: 18-20 Requested Action: Amend Chapter 19.50 of the Zoning Ordinance, "Street Graphics" to allow murals in the CC2 Center City District Applicant: Marc S. Mylott,AICP; Director of Community Development on behalf of City of Elgin Cultural Arts Commission Staff Coordinator: Damir Latinovic, AICP, Senior Planner Exhibits Attached: A. Development Application B. Draft Ordinance Recommendation& Findings of Fact Petition 18-20 August 3, 2020 TEXT AMENDMENT SUMMARY The City of Elgin is proposing a zoning ordinance text amendment to modify its sign regulations to allow murals in the CC2 Center City District. In 2019,the City Council approved amendments to the City's zoning ordinance which established regulations for murals and allowed them in the downtown CC1 Center City District and like PCC Planned Center City Districts. In general, murals are classified as street graphics(signs)with one mural allowed per zoning lot with a sign permit required prior to the installation of a mural. The size of a mural is limited to one wall of a building or side of a structure. Murals cannot contain more than 3%text and cannot cover or interrupt major architectural features, such as doors, exits, and windows. Murals are also not permitted to extend more than six inches from the plane of the wall upon which it is painted or to which it is affixed. The overall area of a mural does not count against the allowable amount of signage otherwise afforded to the building/business(es). Murals are not allowed on buildings used exclusively for residential use. The proposed amendment would allow murals in the CC2 Center City District without any changes to the existing regulations for murals. The City's sign code exempts any sign(1)owned by the City and located within a public right-of- way and/or (2) which cannot be viewed from a public right-of-way. As such, a mural owned by the City and located within a public right-of-way, or a mural which is not visible from a public right-of-way, is currently allowed and not subject to the regulations for murals. Since the City started allowing murals in 2019, seven murals have been installed throughout the downtown. Vineyard Church of Elgin, located at 220 Division Street in the CC2 zoning district,is interested in commissioning and installing a mural on its building. The Elgin Cultural Arts Commission is actively looking to provide more public art throughout the community,and one of those forms of art is murals. The City Council approved the Elgin Cultural Arts Commission's Public Art Plan in June 2017,and that plan calls for new murals at city-owned facilities,privately-owned buildings,and railroad over/underpasses.The Comprehensive Plan also encourages the use of public art in development projects and public areas to promote and help establish the community's identity. The proposed amendment helps implement both plans. - 2 - Recommendation & Findings of Fact Petition 18-20 August 3, 2020 ,"gr.*Arr. SI CD E.lwpm.0 P.M SI •a _ .wuw�ER ♦ a - c. I • Q, (El - C 3•n•c.5+ R..wnal Wing.GI 1 ".'/ C ' Vu A` ��} . . Y-1• l A„,,,,,,, ll" , ,',Alm Sr — _' f y •fru.Wm St v'� .y�� - ,et V • �..s et Arr:h.r.I S, t t% ~_7. 4 �� € f. Non,II e Y_'Y (Sal gpt-abler Cr D.n.r Orn M 2 1 ••Sr t f ,VII M G IY e (; ;, GP o..,a,w�St f =,jl f, i • HrgM.no Aw _ / I own* Ivry Pl .1 •Cr i _ r Grego Sr .y.� a: eul .! 1^ ll� /Wfon Sr G. O $Y �'+^�j 12D2� M 1 Er ^� �Y /17t-L7 4 Pn4n517 L 4 •04. I,''.� Uwtl St G b 'O \ I. V/WJ J5 �� y, "yam! Slnlla SI • ��/�y(�� q M f . j D.,innA>n Wsyyl'S� a •* lf�'iY • y �i �1 a. w - sc.�,er* c LMt/1{t St I � ��$� q{ ti SMna�fT 5[ X' ��1��'_ S x „�. }lC_lrjY r g r - • ", Walnut Are — . o X t ovael s, 17.f i s ' % �' WW�b.ml Srbf- Figure 2 CC1,CC2 and PCC zoning districts FINDINGS After due notice as required by law, the Planning & Zoning Commission conducted a public hearing in consideration of Petition 18-20 on August 3, 2020. Testimony was presented at the public hearing in support of the application. The Community Development Department submitted -3 - Recommendation & Findings of Fact Petition 18-20 August 3, 2020 a Development Application Review and Written Findings & Recommendation to the Planning & Zoning Commission dated August 3, 2020. The Community Development Department and the Planning & Zoning Commission have made the following findings regarding this application: STANDARDS FOR TEXT AMENDMENTS The proposed text amendment complies with the following purposes and intent of the Zoning Ordinance(§ 19.05.300): ❑ Promote the public health, safety, comfort, morals, convenience, and general welfare; ❑ Conserve the taxable value of land and structures throughout the city; ❑ Establish standards to which building or structures therein shall conform; and ❑ Prohibiting uses, buildings, or structures incompatible with the character of the preservation, conservation, residence, community facility, business, and industrial zoning districts. In addition, the Comprehensive Plan includes the following objective: Encourage the use of public art in development projects and in public areas to promote and help establish the community's identity, including working with the local artist community to design, develop, and fundraise for new community art projects (see Chapter 11, Implementation Action Matrix, Image & Identity, Goal #2: Guide New Development, Public Art). RECOMMENDATION The Community Development Department and the Planning & Zoning Commission recommend approval of Petition 18-20. The vote of the Planning&Zoning Commission on the motion to recommend approval was three (3)yes, one(1)no, and one(1) abstention. One member was absent. Respectfully Submitted, s/Jav Cox Jay Cox,Chairman -4 - Recommendation& Findings of Fact Petition 18-20 August 3,2020 Planning&Zoning Commission s/Damir Latinovic Damir Latinovic, AICP; Secretary Planning&Zoning Commission - 5 -