HomeMy WebLinkAboutG45-23 Ordinance No. G45-23
AN ORDINANCE
AMENDING TITLE 19 OF THE ELGIN MUNICIPAL CODE, ENTITLED "ZONING"
REGARDING THE ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT REGULATIONS
WHEREAS, a written application has been made to amend Chapter 19.15 of the Elgin
Zoning Ordinance entitled "Preservation Districts"; and
WHEREAS, the Planning & Zoning Commission conducted a public hearing concerning
said application on October 2, 2023 following due notice including by publication; and
WHEREAS, the Community Development Department and the Planning & Zoning
Commission have submitted their Findings of Fact concerning said application; and
WHEREAS, the Community Development Department and the Planning & 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 & 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 land use, 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 Chapter 19.15 of the Elgin Municipal Code entitled "ARC Arterial
Road Corridor Overlay District" be and is hereby further amended to read as follows:
"19.15.500. ARC Arterial Road Corridor Overlay District.
19.15.505. Purpose and intent.
The purpose and intent of the ARC Arterial Road Corridor Overlay District is to
promote and facilitate the implementation of the objectives, policies, and strategies of the
city comprehensive plan [SR]. The ARC Arterial Road Corridor Overlay District is also
intended to promote those uses that generate sales tax. The ARC zoning district is a zoning
overlay district, and accordingly, the property located within the district shall also be
subject to the regulations of the underlying zoning district in which it is located.
19.15.510. Supplementary regulations.
Any word or phrase contained within this chapter followed by the symbol [SR] shall
be subject to the definitions and the additional interpretive requirements provided in
chapter 19.90. The exclusion of such symbol shall not exempt such word or phrase from
the applicable supplementary regulation.
19.15.515. Location, size of district, and applicability.
The ARC Arterial Road Corridor Overlay District shall be mapped over all zoning
lots [SR] adjoining Randall Road and the arterial streets [SR] as defined in chapter 19.90.
No additional ARC zoning overlay district shall be mapped unless such property fronts on
an arterial street [SR], or unless such property to be mapped adjoins an existing ARC
zoning overlay district. There shall be no minimum or maximum of land, which shall be
necessary to constitute the ARC Arterial Road Corridor Overlay District. Notwithstanding
the foregoing,the land use and site design requirements of the ARC Arterial Road Corridor
Overly District shall not apply in any of the following circumstances:
A. Where a tenant space fronts and takes access from a public street other than
Randall Road or an arterial street [SR] and is otherwise not visible from Randall
Road or an arterial street [SR].
B. Where a land use [SR] is located above the ground floor of a building [SR].
C. Where a land use [SR] is situated within a distinct tenant space within a building
containing three (3) or more tenants (e.g. a strip mall, strip shopping center, or
other like form of a multi-tenant commercial building) and the nearest demising
wall of the distinct tenant space is two hundred(200)feet or more from the Randall
Road or arterial street [SR] lot line [SR].
19.15.520. Land use.
In the ARC Arterial Road Corridor Overlay District, the only land uses [SR] allowed
shall be the land uses allowed in the underlying zoning districts. Notwithstanding the
foregoing, and notwithstanding any land uses [SR] allowed in the underlying zoning
districts, including, but not limited to, any underlying planned development zoning
districts, the following land uses [SR] are prohibited in the ARC Arterial Road Corridor
Overlay District:
A. Finance, insurance, and real estate division.
Check cashing agencies (6099).
Payday loan establishment [SR].
Title loan establishment [SR].
B. Services division.
Emergency shelters [SR] (8322).
Recreational vehicle parks and campsites (7033).
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C. Personal services division.
Power laundries (7211).
D. Motor vehicle services division.
Road service, automotive (7549).
Towing service, automotive (7549).
Wrecker service (towing), automotive (7549).
E. Repair services division.
Welding repair(7692).
F. Amusement and recreation services division.
Fortune tellers (7999).
Massage parlors(7299).
Tattoo parlors (7299).
G. Engineering, accounting, research, management and related services division.
Automotive proving and testing grounds (8734).
H. Mining division.
Temporary mining [SR] (UNCL).
I. Manufacturing division.
Petroleum refining and related industries (29).
J. Wholesale trade division.
Motor vehicle recycling facility [SR] (5093).
Motor vehicle recycling yard [SR] (5093).
Motor vehicles and motor vehicle parts and supplies (501).
Recycling center [SR] (5093).
Recycling center yard [SR] (5093).
Recycling collection center [SR] (5093).
K. Transportation, communication and utilities division.
Electric power generation (UNCL).
Freight forwarding in general (4731), except as previously authorized in a
planned development ordinance prior to November 15, 2023, notwithstanding
the provisions of subsection 19.15.520.
Natural gas storage (4922).
Public warehousing and storage (422), except as previously authorized in a
planned development ordinance prior to November 15, 2023, notwithstanding
the provisions of subsection 19.15.520.
Refuse systems (4953).
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Special warehousing and storage not elsewhere classified (4226), except as
previously authorized in a planned development ordinance prior to November
15, 2023, notwithstanding the provisions of subsection 19.15.520.
Terminal maintenance for motor freight transportation (423).
Trucking services (421), except as previously authorized in a planned
development ordinance prior to November 15, 2023, notwithstanding the
provisions of subsection 19.15.520.
L. Miscellaneous uses division.
Adult entertainment establishment [SR] (UNCL).
Commercial operations yard [SR] (UNCL), except as previously authorized in a
planned development ordinance prior to November 15, 2023, notwithstanding
the provisions of subsection 19.15.520.
Motor vehicle and impoundment yard [SR] (UNCL).
19.15.523. Site design requirements.
In the ARC Arterial Road Corridor Overlay District, the following land uses shall be
subject to the following additional site design requirements:
A. Business services division.
Miscellaneous equipment rental and leasing (735) must be located either on a
zoning lot [SR]containing four(4)or more acres or on a zoning lot [SR] fronting
on Route 19/East Chicago Street between Willard Avenue on the west and Shales
Parkway on the east. All merchandise must be displayed either inside and/or
directly behind a building [SR]. Notwithstanding the allowances within
subsection 19.90.015, outdoor display areas [SR] and outdoor display lots [SR]
for miscellaneous equipment rental and leasing(735)are only allowed in the area
directly behind a principal building [SR] and between the sides of said building
extended to the rear lot line [SR]. Equipment shall not be displayed outdoors in
a state of simulated use, including but not limited to raised or extended cranes,
booms, buckets, blades, arms, platforms, lifts, towers, rigs, conveyors, and/or
dump bodies or boxes.
B. Motor vehicle services division.
Automotive services (7549) must be located either on a zoning lot [SR]
containing four (4) or more acres or on a zoning lot [SR] fronting on Route
19/East Chicago Street between Willard Avenue on the west and Shales Parkway
on the east, excepting automotive oil change and lubrication shops which shall
have no additional site design requirements.
Motor vehicle repair shops [SR](753)must be located either on a zoning lot [SR]
containing four (4) or more acres or on a zoning lot [SR] fronting on Route
19/East Chicago Street between Willard Avenue on the west and Shales Parkway
on the east.
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Motor vehicle top,body and upholstery repair,and paint shops [SR] (7532)must
be located either on a zoning lot [SR] containing four (4) or more acres or on a
zoning lot [SR] fronting on Route 19/East Chicago Street between Willard
Avenue on the west and Shales Parkway on the east.
C. Retail trade division.
Mobile home dealers (52) must be located either on a zoning lot [SR] either
containing four (4) or more acres or on a zoning lot [SR] fronting on Route
19/East Chicago Street between Willard Avenue on the west and Shales Parkway
on the east. All merchandise must be displayed either inside and/or behind a
building [SR]. Notwithstanding the allowances within subsection 19.90.015,
outdoor display areas[SR]and outdoor display lots [SR] for mobile home dealers
(52) are only allowed in the area directly behind a principal building [SR] and
between the sides of said building extended to the rear lot line [SR].
Motor vehicle dealers (5511 and 5521) must be located either on a zoning lot
[SR] either containing four(4) or more acres or on a zoning lot [SR] fronting on
Route 19/East Chicago Street between Willard Avenue on the west and Shales
Parkway on the east.
Boat dealers(5551)must be located either on a zoning lot [SR] either containing
four(4)or more acres or on a zoning lot [SR] fronting on Route 19/East Chicago
Street between Willard Avenue on the west and Shales Parkway on the east. All
merchandise must be displayed either inside and/or behind a building [SR].
Notwithstanding the allowances within subsection 19.90.015, outdoor display
areas [SR]and outdoor display lots [SR] for boat dealers(5551)are only allowed
in the area directly behind a principal building [SR]and between the sides of said
building extended to the rear lot line [SR].
Recreational vehicle dealers (5561) must be located either on a zoning lot [SR]
either containing four(4)or more acres or on a zoning lot [SR] fronting on Route
19/East Chicago Street between Willard Avenue on the west and Shales Parkway
on the east. All merchandise must be displayed either inside and/or behind a
building [SR]. Notwithstanding the allowances within subsection 19.90.015,
outdoor display areas [SR] and outdoor display lots [SR] for recreational vehicle
dealers (5561) are only allowed in the area directly behind a principal building
[SR] and between the sides of said building extended to the rear lot line [SR].
Automotive dealers, not elsewhere classified (5599) must be located either on a
zoning lot [SR] either containing four (4) or more acres or on a zoning lot [SR]
fronting on Route 19/East Chicago Street between Willard Avenue on the west
and Shales Parkway on the east.All merchandise must be displayed either inside
and/or behind a building[SR].Notwithstanding the allowances within subsection
19.90.015, outdoor display areas [SR] and outdoor display lots [SR] for
automotive dealers, not elsewhere classified (5599) are only allowed in the area
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directly behind a principal building [SR] and between the sides of said building
extended to the rear lot line [SR].
D. Miscellaneous uses division.
Outdoor display lots [SR] (UNCL) must be located on a zoning lot [SR]
containing four(4) or more acres.
19.15.525. Off-street parking.
In the ARC Arterial Road Corridor Overlay District, off-street parking shall be subject to
the provisions of chapter 19.45.
19.15.530. Off-street loading.
In the ARC Arterial Road Corridor Overlay District, off-street loading shall be subject to
the provisions of chapter 19.47.
9.15.535. Signs.
In the ARC Arterial Road Corridor Overlay District,signs shall be subject to the provisions
of chapter 19.50.
19.15.540. Nonconforming uses and structures.
In the ARC Arterial Road Corridor Overlay District, nonconforming uses and structures
shall be subject to the provisions of chapter 19.52. Notwithstanding the provisions of
chapter 19.52, motor vehicle dealers (5511 and 5521) that were lawfully established but
are now nonconforming as to the minimum lot size requirements may expand to a
contiguous, properly-zoned zoning lot [SR] even if the new, larger zoning lot [SR] does
not meet the minimum lot size requirements.
19.15.545. Amendments.
In the ARC Arterial Road Corridor Overlay District, text and map amendments shall be
subject to the provisions of chapter 19.55.
19.15.550. Planned developments.
In the ARC Arterial Road Corridor Overlay District,planned developments shall be subject
to the provisions of chapter 19.60.
19.15.555. Conditional uses.
In the ARC Arterial Road Corridor Overlay District, conditional uses shall be subject to
the provisions of chapter 19.65.
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19.15.560. Variations.
In the ARC Arterial Road Corridor Overlay District, variations shall be subject to the
provisions of chapter 19.70.
19.15.565. Appeals.
Any requirement, determination, or interpretation associated with the administration and
enforcement of the provisions of this chapter may be appealed subject to the provisions of
chapter 19.75."
Section 2. 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 3. That this ordinance shall be in full force and effect upon its passage and
publication in the manner provided by /1/%/71:13kl,t4
David J. K2ftain,,l'Glayor
Presented: November 15, 2023
Passed: November 15, 2023
Omnibus Vote: Yeas: 9 Nays: 0
Recorded: November 15, 2023 ,
Published: November 15, 2023 ;. `}«:
t Att st:
,.! :,1 (Is:.!:,fl#71:6 . .
imberly Dewis, Jerk =•
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EXHIBIT A
October 2,2023
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 16-23, an application by
the Development Administrator of the City of Elgin,as Applicant,to amend Title 19"Zoning"of
the Elgin Municipal Code to amend the list of permitted, conditional, and/or similar uses within
various zoning districts, the site design regulations, the ARC Arterial Road Corridor Overlay
District, the regulations regarding nonconforming uses and structures, the planned development
regulations, the conditional use regulations, the supplementary regulations, and/or any other
provisions of Title 19 as may be necessary to determine what land uses should or should not be
allowed along arterial streets,whether certain land uses along arterial streets should be allowed as
conditional or similar uses, whether certain land uses should be allowed under certain
circumstances and/or with additional site design considerations,whether certain land uses require
new, updated, and/or amended definitions, and what streets or segments thereof should be
classified as arterial streets, among other provisions and/or considerations that may be related to
the permissibility of land uses and arterial streets.
GENERAL INFORMATION
Petition Number: 16-23
Requested Action: Amend various parts of Title 19"Zoning"
Applicant: Marc S. Mvlott,AICP: Director of Community Development
Staff Coordinator: Marc S. Mvlott, AICP: Director of Community Development
Exhibits Attached: A. Development Application
B. Draft Amendment to the Zoning Ordinance
Recommendation & Findings of Fact
Petition 16-23
October 2,2023
TEXT AMENDMENT SUMMARY
The ARC Arterial Road Corridor Overlay District(ARC)was established by Ord.G37-01,adopted
June 13,2001.The list of prohibited land uses was added by Ord.G33-07,adopted June 14,2007.
The complete list of arterial streets is as follows:
McLean Boulevard, State Route 31 (State Street), Dundee Avenue, Villa Street, Center
Street (between Dundee Avenue and Villa Street), National Street (between Villa Street
and State Street), State Route 25 (St. Charles Street, Bluff city Boulevard, Liberty Street,
Dundee Avenue), Illinois Route 72 (Higgins Road), Big Timber Road, Highland Avenue,
Larkin Avenue, Kimball Street,Congdon Avenue(east of State Route 25), State Route 58
(Summit Street east of Dundee Avenue), State Route 19 (East Chicago Street), Nesler
Road,Coombs Road,Bowes Road, Russell Road, Damisch Road, McDonald Road, Silver
Glen Road, Corron Road, Muirhead Road, Plank Road and State Route 20(west of Weld
Road).
Randall Road is a limited access arterial.
A 7-page PDF showing the specific text to be deleted in strikeout and the specific text to be added
in underline is attached to this staff report.
The proposed amendment would generally modify the ARC in the following way:
O The provisions of the ARC would not apply where a tenant space is on the upper floor of
a multi-story building,where the tenant space is with a strip shopping center and back from
the arterial street more than 200 feet, or where the tenant space is on a corner and not
accessible or otherwise visible from the arterial street.
❑ The previous list of prohibited uses along the ARC was reduced to only those previous
uses that do not generate sales tax.
❑ Uses that generate sales tax and typically have no less-than-desirable, exterior
characteristics were removed from the prohibited use list, including precious metal dealers
and firearm sales.
O Uses that generate sales tax but could have less-than-desirable exterior characteristics were
removed from the prohibited use list,but a new section was added requiring that these uses
either have a minimum lot size and/or locate the display of merchandise either inside or
behind their building. These uses include:
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Recommendation & Findings of Fact
Petition 16-23
October 2, 2023
o Automotive services and motor vehicle top, body, and upholstery repair provided
they are on a lot with 4 or more acres or anywhere on Chicago Street between
Willard and Shales Parkway. Currently these uses can go anywhere on Chicago
Street between Willard and Shales but adding the 4-acre allowance anywhere along
the ARC gives these uses the same opportunity currently afforded to motor vehicle
repair shops. Towing and wrecker services were excluded from these allowances
as they do not generate sales tax and typically require large commercial operations
yards of vehicles in various states of disrepair.
o Recreational vehicle dealers, boat dealers, mobile home dealers, other vehicle
dealers (such snowmobiles, go-carts, and trailers), and equipment rental facilities
provided they are on a lot with 4 or more acres or anywhere on Chicago Street
between Willard and Shales Parkway.This minimum lot size is the same as it is for
new and used car dealerships. However, such facilities can only display their
merchandise either inside their building (e.g. in a showroom, see Figure 2) or
behind their building. Equipment rental facilities cannot display their equipment in
a simulated form of use(see Figure 4).
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Figures 1 and 2.Recreational vehicles and boat dealers would be allowed in the ARC on lots more than 4 acres or
along Chicago Street between Willard and Shales,provided their equipment is either within a display room or behind
the building. The display in the Figure I(l0)would not be allowed along the ARC.
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Recommendation & Findings of Fact
Petition 16-23
October 2, 2023
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Figures 3 and 4.Equipment rental facilities would be allowed in the ARC on lots more than 4 acres or along
Chicago Street between Willard and Shales,provided their equipment is behind the building and not dsplayed in a
simulated form of use.Neither of the displays in the Figures 3(left)or 4(right)would be allowed along the ARC.
The Community Development Department and the Planning & Zoning Commission have made
the following findings regarding this application:
STANDARDS FOR TEXT AMENDMENTS
For consideration by the Planning and Zoning Commission, the Community Development
Department offers that the proposed text amendment complies with the following purposes and
intent of the Zoning Ordinance(§ 19.05.300):
❑ Promoting the public health, safety,comfort,morals,convenience,and general welfare;
❑ Conserving the taxable value of land and structures throughout the city;
❑ Dividing the entire city into districts, and restricting and regulating therein the location,
construction, reconstruction, alteration, and use of land and structures, whether for
residence,community facility,business, industrial,or other specified uses;
❑ Prohibiting uses, buildings, or structures incompatible with the character of the
preservation, conservation, residence, community facility, business, and industrial zoning
districts; and
❑ Providing for the gradual elimination of those uses, buildings, and structures which are
incompatible with the character of the districts in which they are located.
The Community Development Department also offers that the proposed text amendment complies
with the following objectives of the Comprehensive Plan:
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Recommendation & Findings of Fact
Petition 16-23
October 2, 2023
❑ Identify opportunities to enhance Elgin's competitiveness for business and employment
investment, including evaluating the current regulatory environment; and
❑ Encourage compatible and high-quality design and construction for all
development/redevelopment with an emphasis on site design, building orientation,
architecture,building materials and site improvements.
RECOMMENDATION
The Community Development Department and the Planning & Zoning Commission recommend
approval of Petition 16-23.
The vote of the Planning&Zoning Commission on the motion to recommend approval was seven
(7)yes,zero(0)no,and zero(0)abstentions. All members were present.
Respectfully Submitted,
s/Jay Cox
Jay Cox,Chairman
Planning&Zoning Commission
s/Damir Latinovic
Damir Latinovic, AICP; Secretary
Planning&Zoning Commission
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