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HomeMy WebLinkAboutG39-23Ordinance No. G39-23 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT IN THE CF COMMUNITY FACILITY DISTRICT WITH CERTAIN DEPARTURES FROM THE ELGIN ZONING ORDINANCE (70 National Street) WHEREAS, written application has been made requesting conditional use approval for a planned development to construct various security improvements at the existing electrical substation with certain departures from the Elgin zoning ordinance at 70 National Street; and WHEREAS, the zoning lot containing the premises at 70 National Street 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 CF Community Facility District, and WHEREAS, a planned development on a zoning lot containing less than two (2) acres of land is listed as a conditional use within the CF Community Facility District; and WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on August 7, 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 CF 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 the City Council of the City of Elgin hereby adopts the Findings of Fact, dated August 7, 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 various security improvements at the existing electrical substation with certain departures from the Elgin zoning ordinance is hereby granted for the property commonly known as 70 National Street, and commonly identified by Kane County Property Index Numbers 06-14-480-001, 06-13-356-001, and 06-13-356-002, and legally described as follows: PART OF LOTS 6 AND 7 OF WILLIAM C. KIMBALL'S ADDITION TO ELGIN AND PARTS OF LOT 14 OF RAYMOND'S SECOND ADDITION TO ELGIN AND THAT PART OF THE SOUTHWEST QUARTER OF SECTION 13 AND PART OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 41 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: PARCEL 1: BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF STANDISH STREET WITH THE EASTERLY RIGHT OF WAY LINE OF THE CHICAGO AND NORTHWESTERN RAILROAD; THENCE EASTERLY ALONG SAID NORTHERLY LINE A DISTANCE OF 108.18 FEET; THENCE NORTHWESTERLY ALONG A LINE THAT FORMS AN ANGLE OF 102 DEGREES 03 MINUTES TO THE LEFT WITH A PROLONGATION OF THE LAST DESCRIBED COURSE A DISTANCE OF 299.64 FEET TO A POINT IN A LINE THAT IS PERPENDICULAR TO THE EASTERLY RIGHT OF WAY LINE OF THE CHICAGO AND NORTHWESTERN RAILROAD AT A POINT 276.42 FEET NORTHERLY (MEASURED ALONG SAID EASTERLY RIGHT OF WAY LINE) FROM THE PLACE OF BEGINNING; THENCE SOUTHWESTERLY ALONG SAID PERPENDICULAR LINE A DISTANCE OF 107.5 FEET TO THE EASTERLY RIGHT OF WAY LINE OF THE CHICAGO AND NORTHWESTERN RAILROAD; THENCE SOUTHEASTERLY ALONG SAID EASTERLY RIGHT OF WAY LINE A DISTANCE OF 276.42 FEET TO THE PLACE OF BEGINNING. BEING SITUATED IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. PARCEL 2: COMMENCING AT THE INTERSECTION OF THE NORTHERLY LINE OF STANDISH STREET WITH THE EASTERLY RIGHT OF WAY LINE OF THE CHICAGO AND NORTHWESTERN RAILROAD; THENCE NORTHWESTERLY ALONG SAID EASTERLY RIGHT OF WAY LINE A DISTANCE OF 276.42 FEET FOR THE PLACE OF BEGINNING; THENCE CONTINUING NORTHWESTERLY ALONG SAID EASTERLY RIGHT OF WAY LINE A DISTANCE OF 343.58 FEET TO A POINT THAT IS 140.00 FEET NORTHERLY FROM THE INTERSECTION OF SAID EASTERLY RIGHT OF WAY LINE WITH THE SOUTH LINE OF LOT 7 OF SAID WILLIAM C. KIMBALL'S ADDITION TO ELGIN; THENCE NORTHEASTERLY AT RIGHT ANGLES TO SAID RIGHT OF WAY LINE A DISTANCE OF 54.50 FEET; THENCE SOUTHEASTERLY A DISTANCE OF 149.50 FEET TO A POINT 89.50 FEET EASTERLY (MEASURED AT RIGHT ANGLES THERETO) OF THE EASTERLY RIGHT OF WAY LINE OF THE CHICAGO AND NORTHWESTERN RAILROAD; THENCE SOUTHEASTERLY A DISTANCE OF 71.00 FEET TO A POINT 116.40 FEET EASTERLY (MEASURED AT RIGHT ANGLES THERETO) OF SAID EASTERLY RIGHT OF WAY LINE; THENCE 2 SOUTHEASTERLY A DISTANCE OF 103.80 FEET TO A POINT 123.50 FEET EASTERLY (MEASURED AT RIGHT ANGLES THERETO) OF SAID EASTERLY RIGHT OF WAY LINE; THENCE SOUTHEASTERLY PARALLEL WITH SAID EASTERLY RIGHT OF WAY LINE A DISTANCE OF 29.00 FEET; THENCE SOUTHEASTERLY A DISTANCE OF 303.15 FEET TO A POINT IN THE NORTHERLY LINE OF STANDISH STREET THAT IS 171.65 FEET NORTHEASTERLY (MEASURED AT RIGHT ANGLES THERETO) FROM THE CENTER LINE OF THE MAIN TRACK OF SAID CHICAGO AND NORTHWESTERN RAILROAD; THENCE WESTERLY ALONG SAID NORTHERLY LINE OF STANDISH STREET A DISTANCE OF 16.36 FEET TO A POINT IN SAID NORTHERLY LINE THAT IS 108.18 FEET EASTERLY (MEASURED ALONG SAID NORTHERLY LINE) FROM THE EASTERLY RIGHT OF WAY LINE OF SAID CHICAGO AND NORTHWESTERN RAILROAD; THENCE NORTHWESTERLY ALONG A LINE THAT FORMS AN ANGLE OF 77 DEGREES 57 MINUTES TO THE RIGHT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE, A DISTANCE OF 299.64 FEET TO A POINT IN A LINE THAT IS PERPENDICULAR TO SAID EASTERLY RIGHT OF WAY LINE OF THE CHICAGO AND NORTHWESTERN RAILROAD AND PASSES THROUGH THE PLACE OF BEGINNING; THENCE SOUTHWESTERLY ALONG SAID PERPENDICULAR LINE A DISTANCE OF 107.50 FEET TO THE PLACE OF BEGINNING. BEING SITUATED IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. (commonly known as 70 National Street). 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 Will Otter, Sidley Austin LLP, as applicant, and Commonwealth Edison Company, as property owner, received June 23, 2023, and supporting documents including: a. Undated City of Elgin-ComEd Security Upgrade -Statement of Purpose and Conformance, received June 23, 2023; b. Undated letter titled Standards -Conditional Use, received June 23, 2023; c. Undated letter titled Standards -Planned Developments, received June 23, 2023; d. Boundary and Topographic Survey, prepared by Nicholas Ruettiger Surveying Services, dated June 1, 2022, last revised August 22, 2022; e. Layout of Fence, Sheet SE-200, prepared by DSC, dated September 16, 2022, with such further revisions as required by the Community Development Director; f. Undated Chainlink Fencing Elevation, received June 23, 2023, with such further revisions as required by the Community Development Director; g. Plan of Outdoor Illumination 138KV, 12KV Yards Normal Operation Sans Gate Light, prepared by DSC, dated January 5, 2023, last revised July 25, 2023, with such further revisions as required by the Community Development Director; h. Plan of Outdoor Illumination 138KV, 12KV Yards Normal Operation With Gate Light On, prepared by DSC, dated January 5, 2023, last revised July 25, 2023, with such further revisions as required by the Community Development Director; 3 i. Plan of Outdoor Illumination 138KV, 12KV Yards Emergency Operation, prepared by DSC, dated January 5, 2023, last revised July 25, 2023, with such further revisions as required by the Community Development Director; j. Undated Lighting specification sheets for D-Series Size 3 LED Flood Luminaire, by Lithonia Lighting, received 07/21/2023; k. Undated Lighting specification sheets for D-Series DSXF2 LED Floodlight, by Lithonia Lighting, received 07/21/2023; and 1. Undated Lighting specification sheets for TWH LED Wall Luminaire, by Lithonia Lighting, received 07/21/2023. 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 seven (7)-foot-high chain link fence with one (1)-foot-high "Y"-shaped barbed wire on top (total height of the fence eight (8) feet) with six (6) strands of barbed wire, and no landscape screening along the perimeter of the fence. 3. A departure is hereby granted to allow the installation of outdoor light fixtures with minimum light level of 0 footcandles within the fence line during normal operations. 4. 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. Presented: September 27, 2023 Passed: September 27, 2023 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: September 27, 2023 Published: September 27, 2023 At Kimberly Dewis,lerk 4 David J. Kapt.i , M. or EXHIBIT A August 7, 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 20-23, an application by Will Otter, Sidley Austin LLP, as applicant, and Commonwealth Edison Company, 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, the minimum outdoor lighting level, and any other departures as may be necessary or desirable, to construct security enhancements to the existing ComEd substation including a seven -foot -high chain link fence with a one -foot high "Y"-shaped barbed wire on top, and new outdoor lighting at the property commonly referred to as 70 National Street. GENERAL INFORMATION Petition Number: 20-23 Property Location: 70 National Street Requested Action: Planned development as a conditional use Current Zoning: CF Community Facility District Proposed Zoning: No change. CF Community Facility District Existing Use: Treatment, transmission, and distribution facilities -equipment, equipment buildings, towers, exchanges, substations, regulators (ComEd electrical substation) Proposed Use: No change. Treatment, transmission, and distribution facilities - equipment, equipment buildings, towers, exchanges, substations, regulators (ComEd electrical substation) Recommendation & Findings of Fact Petition 20-23 August 7, 2023 Applicant: Will Otter, Sidley Austin LLP Owner Commonwealth Edison Company (ComEd) Staff Coordinator: Damir Latinovic, AICP, Senior Planner Exhibits Attached: A. Aerial B. Zoning Map C. Parcel Map D. Site Location E. Development Application and Attachments F. Draft Ordinance BACKGROUND Will Otter, Sidley Austin LLP, as applicant, and Commonwealth Edison Company, 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, the minimum outdoor lighting level, and any other departures as may be necessary or desirable, to construct security enhancements to the existing ComEd substation including a seven -foot -high chain link fence with a one -foot high "Y"-shaped barbed wire on top, and new outdoor lighting at the property commonly referred to as 70 National Street. The 1.57-acre subject property, zoned CF Community Facility District, is located on the west bank of Fox River directly opposite Grand Victoria Casino. The property is situated between Metra and Chicago and Northwestern railroads. The access to the property is from National Street, which also serves as access to the Metra rail yard further to the north which is adjacent to Metra's Elgin train station. The property is home to ComEd's electrical substation equipment, which includes one approximately 2,100-square foot building, among other things. The substation, which includes gravel surface, is enclosed with a six -foot -high chain link fence with one -foot -high barbed wire on top (total fence height seven feet) Along the western and southern position of the property, the fence is located on top of an existing retaining wall that reaches up to ten feet high at its highest point. The retaining wall serves to contain the higher ground of the railroad property adjacent to the west and further beyond. All surrounding properties are also zoned CF Community Facility District. To the east, the property is adjacent to the Metra railroad tracks with Fox River and Grand Victoria Casino beyond that. To the west, the property is adjacent to the Chicago and Northwestern Railroad tracks and -2- Recommendation & Findings of Fact Petition 20-23 August 7, 2023 City -owned Central Park beyond that. To the north, the property is adjacent to additional land owned by Metra railroad used as a railyard adjacent to Metra's Elgin train station further to the north. And to the south, the property is adjacent to additional land owned by Metra that is currently largely unimproved but contains a gravel access driveway to National Street. Figure 1. Site area map with zoning overlay Proposal ComEd is proposing security enhancement to the existing electrical substation. The proposed improvements include: 1. Replacement of the existing six -foot -high chain link fence with one -foot -high inward - facing barbed wire on top (seven -foot -high fence total) with a new seven -foot -high chain link fence with one -foot -high "Y"-shaped barbed wire on top (eight -foot -high fence total). The fenced -in area would be reduced. The north fence line would be moved south by approximately 50 feet, and the northern portion of the east fence line would be moved (brough-in) west by approximately 20 feet to improve access to the new manual gate at the north end of the east fence line. 2. The new fence would have two 15-foot-high posts, and four 16-foot-high posts which will support other security functions. 3. Replacement of the main entrance gate with a motorized gate at the south end of the east fence line. 4. Installation of the new manual sliding gate at the north end of the east fence line. 5. Installation of a new manual man gate for access by personnel. 6. Installation of two new lights (one above each entrance door) to the existing building, and one light on a new 28-foot-high pole directed on the personnel access gate that would be turned on by motion sensors (security light fixtures) -3- Recommendation & Findings of Fact Petition 20-23 August 7, 2023 7. Installation of light fixtures on three additional 28-foot-high poles and other site equipment which would only be turned on during emergency maintenance after dark (emergency light fixtures). Figure 2. Bird s eye view looking west of the existing ComEd substation at 70 National Street The proposed security improvements are in response to the federal requirements (by the Federal Energy Regulatory Commission) for reliability at country's critical infrastructure sites, including substations comprising the electrical power grid. The proposal requires two departures from the standard zoning requirements. Per Code only a six- foot -high fence is allowed along a property line, and a security fence can have no more than three strands of barbed wire and must include landscape screening along the perimeter of the fence. The proposed "Y"-shaped barbed wire would have six strands of barbed wire. In addition, the applicant is not proposing any landscaping as the property includes gravel surface not conducive for landscape installation. In addition, due to the much higher grade west of the property and extensive vegetation, the facility is not visible from nearby properties along State and Standish Streets. The substation is only visible from the east bank of the Fox River. While emergency light fixtures are exempt from the outdoor lighting regulations, the security light fixtures and illumination during normal operating hours is not. During normal operations when only the two building -mounted light fixtures are on, the facility is actually below the minimum lighting standards because the security lights are designed to only illuminate the entrance into the fenced -in area and the entrances into the building. All other parts of the fenced -in area are not illuminated during normal operations. As the property is less than two acres in size, the applicant is requesting approval of a planned -4- Recommendation & Findings of Fact Petition 20-23 August 7, 2023 development as a conditional use to allow for the two departures from the zoning ordinance requirements. 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 70 National Street Requirement Proposal Security fence Max. 6 ft high, 3 strands of barbed wire, and landscape screening Max. 8 ft high, 6 strands of barbed wire, and no landscape screening. Outdoor lighting Min. 0.6 footcandles within the fenced -in area Min. 0 footcandles within the fenced -in area The Community Development Department offers the following additional information: A. Property History. The property was zoned G Industrial District by the first zoning ordinance in 1927. By 1950, the property was rezoned to F Industrial District. In 1962, the property was rezoned to M1 Limited Manufacturing District. In 1992, the property was rezoned to CF Community Facility District as part of the comprehensive amendment to the zoning ordinance. The property has always been used by the railroad or for the utility purposes. B. Surrounding Land Use and Zoning. All surrounding properties are also zoned CF Community Facility District. To the east, the property is adjacent to the Metra railroad tracks with Fox River and Grand Victoria Casino beyond that. To the west, the property is adjacent to the Chicago and Northwestern Railroad tracks and City -owned Central Park beyond that. To the north, the property is adjacent to additional land owned by Metra railroad used as a rail yard adjacent to Metra's Elgin train station further to the north. And to the south, the property is adjacent to additional land owned by Metra that is currently largely unimproved but contains a gravel access driveway to National Street. C. Comprehensive Plan. The subject property is designated as Utilities & Rights -of -way by the City's 2018 Comprehensive Plan and Design Guidelines. The utilities and rights -of - way land use includes transportation and utility infrastructure such as streets, highways, rail roads, electrical substations, and power line rights -of -way. Public parking areas are also included within this land use. D. Zoning District. The purpose of the CF Community Facility Districts is to provide for the development and protection of various community facilities with both standard and planned land use and site design regulations. In general, community facilities provide governmental, recreational, educational, health, social, religious, and transportation services to the community on a for -profit or on a not -for -profit basis. -5- Recommendation & Findings of Fact Petition 20-23 August 7, 2023 E. Trend of Development. The subject property is located on the near east side of Elgin. The property is surrounding by railroad tracks on the east and west sides. The area has historically been occupied by railroad yards and utilities. Due to the higher -grade west of the subject property and extensive landscaping along the embankment, the subject property and Metra rail yard is not visible from State and Standish Street properties. There has been no new development in the area in recent years. Due to the proximity to the railroad tracks, the subject property and the immediate area will continue to be used by public utilities and railroads. FINDINGS After due notice as required by law, the Planning and Zoning Commission conducted a public hearing in consideration of Petition 20-23 on August 7, 2023. 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 August 7, 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. 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 1.57-acre property is improved with an electrical substation. In addition to various power equipment, the property includes one approximately 2,100-square foot one-story building which houses additional power utility equipment. The entire property includes gravel surface with no landscaping. The new proposed fence will generally replace the existing fence in the same location. No existing site features including topography, watercourses, vegetation, and property improvements exist that would have a negative impact on the proposed improvements. 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 -6- Recommendation & Findings of Fact Petition 20-23 August 7, 2023 facilities. The existing building on the property is currently not served by municipal water nor sanitary sewer. The property also does not have any stormwater control systems. The applicant is not proposing any new sewer and water utilities. 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" [SR] 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 designed to minimize traffic congestion. The access to the property is from a gravel driveway which leads northward from National Street. The same driveway is used for access to the Metra rail yard further to the north which is adjacent to Metra's Elgin train stop. The facility is not staffed and receives only infrequent visits by maintenance personnel. As such the facility generates minimal traffic that has no impact on the traffic circulation in the area. The proposed security enhancements will not result in anychanges to the traffic volumes. The proposal will not have any negative effect on the traffic circulation in the surrounding area. With an existing approximately 2,100-square foot building, the facility is required to have two parking spaces (one parking space required per 1,000 square feet of floor area). The facility does not have any formal parking facilities. However, adequate space exists on the property outside of the existing fence for parking of ComEd personnel. The proposed fence will largely maintain the same layout as the exiting fence except that the northern portion of the east fence line would be moved west, and the north fence line would be moved south by approximately 50 feet. The changes to the fence layout will improve access to the new north gate in the east fence line, which will improve the parking situation on the property. 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. -7- Recommendation & Findings of Fact Petition 20-23 August 7, 2023 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 property was zoned G Industrial District by the first zoning ordinance in 1927. By 1950, the property was rezoned to F Industrial District. In 1962, the property was rezoned to M1 Limited Manufacturing District. In 1992, the property was rezoned to CF Community Facility District as part of the comprehensive amendment to the zoning ordinance. The property has always been used by the railroad or for the utility purposes. 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. All surrounding properties are also zoned CF Community Facility District. To the east, the property is adjacent to the Metra railroad tracks with Fox River and Grand Victoria Casino beyond that. To the west, the property is adjacent to the Chicago and Northwestern Railroad tracks and City -owned Central Park beyond that. To the north, the property is adjacent to additional land owned by Metra railroad used as a rail yard adjacent to Metra' s Elgin train station further to the north. And to the south, the property is adjacent to additional land owned by Metra that is currently largely unimproved but contains a gravel access driveway to National Street. 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 on the near east side of Elgin. The property is surrounding by railroad tracks on the east and west sides. The area has historically been occupied by railroad yards and utilities. Due to the higher -grade west of the subject property and extensive landscaping along the embankment, the subject property and Metra rail yard is not visible from State and Standish Street properties. There has been no new development in the area in recent years. Due to the proximity to the railroad tracks, the subject property and the immediate area will continue to be used by public utilities and railroads. 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 -8- Recommendation & Findings of Fact Petition 20-23 August 7, 2023 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 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 Utilities & Rights -of -way by the City's 2018 Comprehensive Plan and Design Guidelines. The utilities and rights -of -way land use includes transportation and utility infrastructure such as streets, highways, rail roads, electrical substations, and power line rights -of -way. Public parking areas are also included within this land use. 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. The 1.57- 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 one -foot taller fence with a different design of barbed wire on top to enhance the security of the facility per federal requirements. The vast majority of the new lights to be installed will only be turned on during any emergency repairs after dark. The lighting during normal operation would actually be below the minimum outdoor lighting standards, but such standards are intended for parking lots and other uses which have much larger use. The subject facility in not staffed, and is only periodically visited by maintenance staff. 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. -9- Recommendation & Findings of Fact Petition 20-23 August 7, 2023 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 subject property includes gravel surface with no vegetation. The property is surrounded by railroad tracks and is not suited for landscaping installation. The applicant is not proposing any new landscaping, but is also not removing any landscaping. Due to the higher topography of the properties to the west and existing vegetation on the properties adjacent to the west, the subject property is screened and not visible from nearby properties along State and Standish Streets. The proposal will not alter the existing topography and natural features of the area. 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 subject electrical substation is not staffed and receives only periodic visits by maintenance staff. Due to the higher topography of the properties to the west and the existing vegetation on the properties adjacent to the west, the subject property is screened and will not have any negative effect on the nearby uses along State and Standish Streets. 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 required building setbacks (i.e. along property lines), a maximum six-foot high fence, with maximum of three strands of barbed wire is allowed, and such security fence must be screened by perimeter landscaping. The applicant is proposing a seven -foot -high chain link fence with one -foot - high "Y"-shaped barbed wire on top with six strands of barbed wire, and no perimeter landscaping. 2. Sections 19.13.030, "Standards". The minimum outdoor lighting on a property within a CF Community Facility District is 0.6 footcandles. The minimum proposed lighting within the fenced -in area is 0 footcandles. Staff finds the proposed departures are appropriate considering the nature of the use on the subject property. - 10 - Recommendation & Findings of Fact Petition 20-23 August 7, 2023 The proposed fence and other security upgrades are in in response to the federal requirements (by the Federal Energy Regulatory Commission) for reliability at country's critical infrastructure sites, including substations comprising the electrical power grid. The proposed fence will provide additional security for the facility and the proposed lights will enhance the ability of service technicians to complete any emergency repairs after dark. Most of the new light fixtures will only be turned on during such emergency repairs and will otherwise not be on. Due to the higher grade of the properties to the west and extensive vegetation on the railroad property adjacent to the west and properties beyond, the facility is well screened and not visible from nearby properties along State and Standish Streets. The proposal will provide critical and federally required improvements to an existing utility infrastructure facility that will not have any negative effect on the surrounding properties. 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 1.57-acre property is improved with an electrical substation. In addition to various power equipment, the property includes one approximately 2,100- square foot one-story building which houses additional power utility equipment. The entire property includes gravel surface with no landscaping. The new proposed fence will generally replace the existing fence in the same location. No existing site features including topography, watercourses, vegetation, and property improvements exist that would have a negative impact on the proposed improvements. 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 existing building on the property is currently not served by municipal water nor sanitary sewer. The property also does not have any stormwater control systems. The applicant is not proposing any new sewer and water utilities. C. Traffic and Parking Standard. The suitability of the subject property for the intended conditional use with respect to the provision of safe and efficient on -site and off -site vehicular circulation designed to minimize traffic congestion. - 11 - Recommendation & Findings of Fact Petition 20-23 August 7, 2023 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 access to the property is from a gravel driveway which leads northward from National Street. The same driveway is used for access to the Metra rail yard further to the north which is adjacent to Metra's Elgin train stop. The facility is not staffed and receives only infrequent visits by maintenance personnel. As such the facility generates minimal traffic that has no impact on the traffic circulation in the area. The proposed security enhancements will not result in any changes to the traffic volumes. The proposal will not have any negative effect on the traffic circulation in the surrounding area. With an existing approximately 2,100-square foot building, the facility is required to have two parking spaces (one parking space required per 1,000 square feet of floor area). The facility does not have any formal parking facilities. However, adequate space exists on the property outside of the existing fence for parking of ComEd personnel. The proposed fence will largely maintain the same layout as the exiting fence except that the northern portion of the east fence line would be moved west, and the north fence line would be moved south by approximately 50 feet. The changes to the fence layout will improve access to the new north gate in the east fence line, which will improve the parking situation on the property. 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 subject property is located on the west bank of the Fox River and is surrounded by Metra and Chicago and Northwestern Railroad tracks. In addition, due to the higher topography and extensive vegetation on the properties adjacent to the west, the facility is well screened and not visible from nearby properties along State and Standish Streets. The new fence layout will largely follow the layout of the current fence with a couple exceptions that will reduce the size of the fenced -in area and improve the access into the fenced -in area by ComEd personnel. The vast majority of new lights are for emergency repairs after dark, and will actually not be on during normal business operations. During such normal business operations, the facility will have minimum illumination some of which will be triggered by motion sensors. No evidence has been submitted or found that the proposed use 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 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, - 12 - Recommendation & Findings of Fact Petition 20-23 August 7, 2023 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 20-23, subject to the following conditions: 1. Substantial conformance to the Development Application submitted by Will Otter, Sidley Austin LLP, as applicant, and Commonwealth Edison Company, as property owner, received June 23, 2023, and supporting documents including: a. Undated City of Elgin-ComEd Security Upgrade -Statement of Purpose and Conformance, received June 23, 2023; b. Undated letter titled Standards -Conditional Use, received June 23, 2023; c. Undated letter titled Standards -Planned Developments, received June 23, 2023; d. Boundary and Topographic Survey, prepared by Nicholas Ruettiger Surveying Services, dated June 1, 2022, last revised August 22, 2022; e. Layout of Fence, Sheet SE-200, prepared by DSC, dated September 16, 2022, with such further revisions as required by the Community Development Director; f. Undated Chainlink Fencing Elevation, received June 23, 2023, with such further revisions as required by the Community Development Director; g. Plan of Outdoor Illumination 138KV, 12KV Yards Normal Operation Sans Gate Light, prepared by DSC, dated January 5, 2023, last revised July 25, 2023, with such further revisions as required by the Community Development Director; h. Plan of Outdoor Illumination 138KV, 12KV Yards Normal Operation With Gate Light On, prepared by DSC, dated January 5, 2023, last revised July 25, 2023, with such further revisions as required by the Community Development Director; i. Plan of Outdoor Illumination 138KV, 12KV Yards Emergency Operation, prepared by DSC, dated January 5, 2023, last revised July 25, 2023, with such further revisions as required by the Community Development Director; j. Undated Lighting specification sheets for D-Series Size 3 LED Flood Luminaire, by Lithonia Lighting, received 07/21/2023; k. Undated Lighting specification sheets for D-Series DSXF2 LED Floodlight, by Lithonia Lighting, received 07/21/2023; and 1. Undated Lighting specification sheets for TWH LED Wall Luminaire, by Lithonia Lighting, received 07/21/2023. 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 - 13 - Recommendation & Findings of Fact Petition 20-23 August 7, 2023 ordinances shall supersede and control. 2. A departure is hereby granted to allow the construction of a seven (7)-foot-high chain link fence with one (1)-foot-high "Y"-shaped barbed wire on top (total height of the fence eight (8) feet) with six (6) strands of barbed wire, and no landscape screening along the perimeter of the fence. 3. A departure is hereby granted to allow the installation of outdoor light fixtures with minimum light level of 0 footcandles within the fence line during normal operations. 4. 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- rr �cat�an Map AeriahILo Map prepared b of Go itn'of El Developmentgln peparnnen 0 50 1000 200 S 300 40Feet Legend s1 4 RC1 Residence Con ervataioion n 2 Q RG2 Residence Consery a RC3 Residence Conservation 3 Conservation 4 PRC Planned Residence 1 Q SFR1 Single Family Residence 4 PSFR1 Planned Single F entity Residence 2 SFR2 Single Family Residence sillily Residence 4 PSFR2 Planned Sing1e F a TO Two Family Residence Residence 4 PTRF Planned Two Family 4 MFR Multiple F arnily Residence 4 PMF R Planned Multiple F aroily Residence aRB Residence Business 4 PRB Planned Residential Business CjiNB Neighborhood Business ®PNB Planned Neighborhood Business ABusiness ?AB Planned Area 0C1 Center City 1 GC2 Center City 2 PGC Planned Center City IIIIOM Office Research Industrial PORI Planned Office Research Industrial GI General Industrial al PG1 Planned General industr CI Commercial Industrial CF Community Facility POE Planned Community Facility 5 WsFoxRiver EXHIBIT B QB Area Business Department of Community DevelopmentD 110 111111.0 _I p` 'TOW Zoning Map 0 60 120 240 s 360 48 Feet EXHBIIT C Parcel Map Subject Property 70 National St. Petition 20-23 A City of Elgin Department of Community Development 0 20 40 80 120 160 Feet EXHIBIT D SITE LOCATION 70 National Street Petition 20-23 10 120 130 20130130 130 120120 130130 120 130 12 130 130g6130::132132 130130130 Existing fence I5 0 lop0 C 156 Area Map with Zoning Overlay EXHIBIT D SITE LOCATION 70 National Street Petition 20-23 pir EagleView Technology Corporal Bird's eye view looking north All EagleView Technology Corpora Bird's eye view looking west