HomeMy WebLinkAboutG5-20 Ordinance No. G5-20
AN ORDINANCE
GRANTING A CONDITIONAL USE TO INSTALL A CONDITIONAL COMMERCIAL
ANTENNAS AND ANTENNA STRUCTURES MOUNTED ON EXISTING STRUCTURE IN
THE PGI PLANNED GENERAL INDUSTRIAL DISTRICT
(890 North State Street)
WHEREAS, written application has been made requesting conditional use approval to
install conditional commercial antennas and antenna structures mounted on existing structure in
the PGI Planned General Industrial District established by Ordinance No. G72-03, and variations
from Section 6.95.030"Regulations and Standards",of the Municipal Code,as amended,to install
the proposed conditional commercial antennas with the maximum height of 69 feet, and the total
combined volume of all above ground equipment and appurtenances comprising a personal
wireless telecommunication facility of 109.7 cubic feet at 890 North State Street; and
WHEREAS, the zoning lot with the building containing the premises at 890 North State
Street is legally described herein(the "Subject Property"); and
WHEREAS, the Subject Property is located within the PGI Planned General Industrial
District established by Ordinance No. G72-03,and a conditional commercial antennas and antenna
structures mounted on existing structure is listed as a conditional use within the PGI Planned
General Industrial District established by Ordinance No. G72-03; and
WHEREAS, the Planning & Zoning Commission conducted a public hearing concerning
said application on December 2, 2019 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 Planning and Zoning Commission, per Title 19, Chapter 19.70
"Variations", of the Municipal Code, as amended, has approved the requested variations to install
the proposed conditional commercial antennas with the maximum height of 69 feet, and the total
combined volume of all above ground equipment and appurtenances comprising a personal
wireless telecommunication facility of 109.7 cubic feet; and
WHEREAS, the Community Development Department and the Planning & Zoning
Commission recommend approval of said conditional use application, subject to the conditions
articulated below; and
WHEREAS, the City Council of the City of Elgin, Illinois, concurs with 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,this ordinance granting a conditional use
in the PGI Planned General Industrial District established by Ordinance No. G72-03 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 December 2, 2019, and the recommendations made by the Community Development
Department and the Planning&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 conditional commercial antennas and antenna
structures mounted on existing structure is hereby granted for the property commonly known as
890 North State Street, commonly identified by Kane County Property Index Number 06-11-101-
008, and legally described as follows:
PARCEL 1:
THAT PART OF SECTION 11, TOWNSHIP 41 NORTH, RANGE 8, EAST OF THE THIRD
PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE CENTER LINE OF STATE ROUTE 31
WITH A LINE 396.0 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF THE
NORTH HALF OF SECTION 11 AS AFORESAID; THENCE NORTHEASTERLY ALONG
SAID CENTER LINE OF STATE ROUTE 31 A DISTANCE OF 648.2 FEET; THENCE
PARALLEL WITH THE SAID SOUTH LINE OF THE NORTH HALF OF SECTION 11
AFORESAID NORTH 89 DEGREES 41 MINUTES 40 SECONDS WEST FOR 41.72 FEET TO
THE WESTERLY 40 FEET RIGHT OF WAY LINE OF STATE ROUTE 31; THENCE
NORTHERLY ALONG THE SAID WESTERLY RIGHT OF WAY LINE, ALONG AN ARC
OF A CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 2163.89 FEET FOR 61.36
FEET WITH THE CHORD BEARING NORTH 12 DEGREES 21 MINUTES 49 SECONDS
EAST TO THE POINT ON A LINE THAT LIES 60.00 FEET NORTH OF THE LAST POINT
AND PARALLEL WITH THE SAID SOUTH LINE OF THE NORTH HALF OF SECTION 11
AFORESAID FOR THE PLACE OF BEGINNING;
THENCE NORTHERLY ALONG THE SAID WESTERLY RIGHT OF WAY LINE, ALONG
AN ARC OF A CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 2163.87 FEET
FOR 187.91 FEET WITH THE CHORD BEARING NORTH 09 DEGREES 03 MINUTES 48
SECONDS EAST TO A POINT OF TANGENCY; THENCE NORTH 06 DEGREES 34
MINUTES 32 SECONDS EAST FOR 50.11 FEET TO THE SOUTHERLY RIGHT OF WAY
LINE OF THE CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILWAY (NOW
METRA);THENCE NORTHWESTERLY ALONG THE SAID SOUTHERLY RIGHT OF WAY
LINE, ALONG AN ARC OF A CURVE, CONCAVE SOUTHERLY HAVING A RADIUS OF
2003.69 FEET FOR 267.20 FEET WITH THE CHORD BEARING NORTH 35 DEGREES 50
MINUTES 43 SECONDS WEST TO A POINT OF COMPOUND CURVATURE; THENCE
CONTINUING NORTHWESTERLY ALONG THE SAID SOUTHERLY RIGHT OF WAY
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LINE, ALONG AN ARC OF A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF
1812.67 FEET FOR 64.50 FEET WITH A CHORD BEARING NORTH 40 DEGREES 41
MINUTES 06 SECONDS WEST;THENCE SOUTH 21 DEGREES 18 MINUTES 21 SECONDS
WEST FOR 231.80 FEET;THENCE NORTH 64 DEGREES 53 MINUTES 01 SECONDS WEST
FOR 19.06 FEET; THENCE SOUTH 23 DEGREES 09 MINUTES 10 SECONDS WEST FOR
254.26 FEET; THENCE SOUTH 35 DEGREES 56 MINUTES 49 SECONDS EAST FOR 70.73
FEET TO A LINE BEARING NORTH 89 DEGREES 41 MINUTES 40 SECONDS WEST
DRAWN FROM THE PLACE OF BEGINNING AND BEING PARALLEL WITH THE SAID
SOUTH LINE OF THE NORTH HALF OF SECTION 11 AFORESAID; THENCE SOUTH 89
DEGREES 41 MINUTES 40 SECONDS EAST ALONG SAID PARALLEL LINE FOR 323.00
FEET TO THE PLACE OF BEGINNING, IN ELGIN TOWNSHIP, KANE COUNTY,
ILLINOIS.
PARCEL 2:
A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS GRANTED BY RTM ST.
CHARLES GROUP, LLC, AN ILLINOIS LIMITED LIABILITY COMPANY TO
BLOOMINGDALE BANK & TRUST COMPANY BY INSTRUMENT DATED JUNE 6, 2003
RECORDED JULY 10, 2003 AS DOCUMENT NUMBER 2003K113116 AND FURTHER
DESCRIBED AS: A PART OF THE FOLLOWING TWO DEED TRACTS OF A PART OF
SECTIONS 10 AND 11, TOWNSHIP 41 NORTH, RANGE 8, EAST OF THE THIRD
PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE CENTER LINE OF STATE ROUTE 31
WITH A LINE 396.0 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF THE
NORTH HALF OF SECTION 11 AS AFORESAID; THENCE NORTHEASTERLY ALONG
SAID CENTERLINE OF STATE ROUTE 31 A DISTANCE OF 648.2 FEET FOR A PLACE OF
BEGINNING; THENCE CONTINUING NORTHEASTERLY ALONG SAID CENTER LINE
OF STATE ROUTE 31 A DISTANCE OF 273.2 FEET TO THE SOUTHERLY RIGHT OF WAY
LINE OF THE CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILWAY; THENCE
NORTHWESTERLY AND WESTERLY ALONG THE SOUTHERLY RIGHT OF WAY LINE
OF THE CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILWAY A DISTANCE OF
2831.0 FEET TO A POINT IN A LINE 543.18 FEET WEST OF AND PARALLEL WITH THE
EAST LINE OF SECTION 10, TOWNSHIP AND RANGE AFORESAID; THENCE
SOUTHERLY ALONG SAID PARALLEL LINE A DISTANCE OF 745.5 FEET TO THE
NORTHERLY RIGHT OF WAY LINE OF THE CHICAGO AND NORTHWESTERN
RAILWAY; THENCE SOUTHEASTERLY ALONG THE NORTHERLY RIGHT OF WAY
LINE OF THE CHICAGO AND NORTHWESTERN RAILWAY A DISTANCE OF 1638 FEET
MORE OR LESS TO A POINT IN A LINE DRAWN FROM THE PLACE OF BEGINNING,
AND BEING PARALLEL WITH THE SOUTH LINE OF THE NORTH HALF OF SECTION
11 AS AFORESAID; THENCE EASTERLY PARALLEL WITH THE SOUTH LINE OF THE
NORTH HALF OF SAID SECTION 11 A DISTANCE OF 973.3 FEET TO THE PLACE OF
BEGINNING. EXCEPTING THEREFROM THE RIGHT OF WAY OF STATE ROUTE 31,
BEING A STRIP OF LAND 40 FEET WIDE LYING WEST OF THE CENTER LINE, BEING
SITUATED IN ELGIN TOWNSHIP, KANE COUNTY, ILLINOIS.
3
TOGETHER WITH A PART OF SAID SECTIONS 10 AND 11, TOWNSHIP 41 NORTH,
RANGE 8,EAST OF THE THIRD PRINCIPAL MERIDIAN, BEING THE NORTHEASTERLY
25 FEET OF THE FORMER 75 FEET RIGHT OF WAY OF THE CHICAGO AND
NORTHWESTERN RAILWAY, LYING NORTH OF THE SOUTH LINE OF THE ABOVE
TRACT EXTENDED WEST BEING A LINE DRAWN FROM THE PLACE OF BEGINNING
AND BEING PARALLEL WITH THE SOUTH LINE OF THE NORTH 1/2 OF SECTION 11,
AND SOUTHWESTERLY, SOUTHEASTERLY AND ADJACENT TO THE TRACT
AFORESAID, IN ELGIN TOWNSHIP, KANE COUNTY, ILLINOIS.
SAID EASEMENT PARCEL IS DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE CENTER LINE OF STATE ROUTE 31
WITH A LINE 396.0 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF THE
NORTH HALF OF SECTION 11 AS AFORESAID; THENCE NORTHEASTERLY ALONG
SAID CENTERLINE OF STATE ROUTE 31 A DISTANCE OF 648.2 FEET; THENCE
PARALLEL WITH THE SAID SOUTH LINE OF THE NORTH HALF OF SECTION 11
AFORESAID NORTH 89 DEGREES 41 MINUTES 40 SECONDS WEST FOR 41.72 FEET TO
THE WESTERLY 40 FEET RIGHT OF WAY LINE OF STATE ROUTE 31 FOR THE PLACE
OF BEGINNING OF THE EASEMENT PARCEL; THENCE NORTHERLY ALONG THE
SAID WESTERLY RIGHT OF WAY LINE, ALONG AN ARC OF A CURVE CONCAVE TO
THE WEST HAVING A RADIUS OF 2163.89 FEET FOR 61.36 FEET WITH THE CHORD
BEARING NORTH 12 DEGREES 21 MINUTES 49 SECONDS EAST TO A POINT ON A LINE
THAT LIES 60.00 FEET NORTH OF THE POINT OF BEGINNING AND PARALLEL WITH
THE SAID SOUTH LINE OF THE NORTH HALF OF SECTION 11 AFORESAID; THENCE
THE LAST SAID PARALLEL LINE NORTH 89 DEGREES 41 MINUTES 40 SECONDS
WEST FOR 323.00 FEET;THENCE NORTH 35 DEGREES 56 MINUTES 49 SECONDS WEST
FOR 70.73 FEET; THENCE SOUTH 23 DEGREES 09 MINUTES 10 SECONDS WEST FOR
127.00 FEET TO A LINE BEARING NORTH 89 DEGREES 41 MINUTES 40 SECONDS
WEST DRAWN FROM THE PLACE OF BEGINNING AND BEING PARALLEL WITH THE
SAID SOUTH LINE OF THE NORTH HALF OF SECTION 11 AFORESAID; THENCE
SOUTH 89 DEGREES 41 MINUTES 40 SECONDS EAST ALONG SAID PARALLEL LINE
FOR 401.32 FEET TO THE PLACE OF BEGINNING, IN ELGIN TOWNSHIP, KANE
COUNTY, ILLINOIS.
PARCEL 3:
PERMANENT NON-EXCLUSIVE EASEMENTS FOR THE BENEFIT OF PARCEL 1 AS
GRANTED IN THE CROSS EASEMENT AGREEMENT RECORDED DECEMBER 29, 2003
AS DOCUMENT NUMBER 2003K220611, TO INSTALL, MAINTAIN, REPAIR AND
REPLACE SANITARY AND STORM SEWER UTILITIES; A TEMPORARY
CONSTRUCTION EASEMENT; INGRESS AND EGRESS; AND PARKING OVER AND
UPON THE LAND MORE PARTICULARLY DESCRIBED AS EXHIBIT 'C', D, E, F AND
'H' ATTACHED THERETO.
(commonly known as 890 North State Street)
Section 3. That the conditional use for the Subject Property as authorized by this
ordinance shall be subject to the following additional conditions:
4
1. Substantial conformance to the Development Application submitted by Chicago SMSA
Limited Partnership d/b/a Verizon Wireless, asapplicant, and Elgin-State, LLC, as
property owner, received June 13, 2019 and supporting documents including:
a. Undated Conditional Use Application & Variation for Chicago SMSA Limited
Partnership d/b/a Verizon Wireless for a rooftop telecommunications facility
installation located on 890 N State St Elgin, IL 60123, prepared by Chris Barton,
received October 11, 2019;
b. Proposed plans for Verizon antennas "Location Number: 395053 Site Name: Elgin
Call Center Relo 890 N. State St Elgin, IL 60123", prepared by Terra Consulting
Group, Ltd., dated February 8, 2018, last revised September 27, 2019, with such
further revisions as required by the Community Development Director;
c. Undated Exhibit B, Elgin Call Center Relocation photo simulation, received May
30, 2019;
d. Exhibit C,Structural Calculations for Verizon Loc. #395053 Elgin Call Center Relo
890 North State Street Elgin, Illinois, prepared by Hutter Trankina Engineering,
dated March 12, 2019, with such further revisions as required by the Community
Development Director;
e. Exhibit E, "SBNHH-1D65B" specifications, dated May 28, 2019; and
f. Undated Exhibit F, "Elgin Call Center Relo"maps, received May 30, 2019.
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. The sections of the existing roof to be removed shall be replaced with"RF-Permeable"
material matching the color of the sample: "11-14-19 VZ19-01534H-35 Elgin Call
Center Relo RAL-7020 Corothane Flat No Standing Seam FRP Sample, Sample 1 B"
from Raycap Stealth;
3. The existing antennas on the roof of the building at 777 Big Timber Road used by
Verizon Wireless shall be removed no later than six (6) months after the new antennas
at 890 N. State Street have started operation.
4. Compliance with all applicable codes and ordinances.
Section 4. That this ordinance shall be full force and effect upon its passage in the
manner provided by law.
10//7, /,61a/tA,
David J. Kaayor
5
Presented: January 22, 2020
Passed: January 22, 2020
Vote: Yeas: 8 Nays: 0 Abstain: 1
Recorded: January 22, 2020
Published: January 24, 2020 v'�S FL„°w
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6
EXHIBIT A
December 2,2019
RECOMMENDATION & FINDINGS OF FACT
OF THE COMMUNITY DEVELOPMENT DEPARTMENT AND
THE PLANNING & ZONING COMMISSION
CITY OF ELGIN, IL
OVERVIEW
Provided herein are the written findings and recommendation of the Community Development
Department and the Planning & Zoning Commission regarding Petitions 27-19 and 28-19, an
application by Chicago SMSA Limited Partnership d/b/a Verizon Wireless, as applicant, and
Elgin-State LLC, as property owner, are requesting 1) a conditional use to establish conditional
commercial antennas and antenna structures mounted on an existing structure, and 2) variations
from and pursuant to Section 6.95.030 "Regulations and Standards" to install new Verizon
Wireless antennas on the roof of the existing building at the property commonly referred to as 890
North State Street.
GENERAL INFORMATION
Petition Number: 27-19 and 28-19
Property Location: 890 N. State Street
Requested Action: Conditional Use and Variations
Current Zoning: PGI Planned General Industrial District Ordinance No. G72-03 and
ARC Arterial Road Corridor Overlay District
Proposed Zoning: No change. PGI Planned General Industrial District Ordinance No.
G72-03 and ARC Arterial Road Corridor Overlay District
Existing Use: Office
Proposed Use: No change. Office.
Applicant: Chicago SMSA Limited Partnership d/b/a Verizon Wireless
Owner Elgin-State, LLC
Staff Coordinator: Damir Latinovic, AICP, Senior Planner
Exhibits Attached: A. Aerial/Location Map
Recommendation & Findings of Fact
Petition 27-19 and 28-19
December 2, 2019
B. Zoning Map
C. Parcel Map
D. Site Location
E. Development Application and Attachments
F. Draft Ordinance
BACKGROUND
Chicago SMSA Limited Partnership d/b/a Verizon Wireless, as applicant, and Elgin-State LLC,
as property owner,are requesting 1)a conditional use to establish conditional commercial antennas
and antenna structures mounted on an existing structure, and 2) variations from and pursuant to
Section 6.95.030 "Regulations and Standards" to install new Verizon Wireless antennas on the
roof of the existing building at the property commonly referred to as 890 North State Street.
The 2.84-acre property is located on the west side of N. State Street immediately before the State
Street bridge over the Metra tracks. The property is improved with a four-story masonry office
building and accessory parking lots. The building includes a canopy over six side-by-side drive-
through lanes originally constructed for Bank of Elgin that used to occupy the ground floor. The
building is now home to Nationwide Loans and SKF Automotive Division offices.
The property is zoned PGI Planned General Industrial District established by Ordinance G72-03
which approved the construction of the existing building on the property.The property is also part
of ARC Arterial Road Corridor Overlay District as it has frontage along an arterial road(N. State
Street). The property adjacent to the west is zoned GI General Industrial District and is improved
with several light-industrial and manufacturing plants. The property adjacent to the south is zoned
CI Commercial Industrial District and is improved with a multi-tenant commercial building home
to Habitat for Humanity and indoor Fox Valley Flea Market. The Canadian, Pacific and Metra
railroad tracks are located to the north,which separate the property from the office building at 777
Big Timber Road. That building is currently vacant, but was formerly occupied by Verizon
Wireless offices. North State Street is located to the east and separates the property from vacant
open space property that is currently undeveloped.
- 2 -
Recommendation & Findings of Fact
Petition 27-19 and 28-19
December 2, 2019
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Figure 2:Site area map with zoning overlay
Proposal,
The applicant is proposing to construct new antennas for Verizon Wireless on the roof of the
existing four-story building. The proposed antennas would be attached to the support structure of
the existing mansard roof and would not be visible from the street. The top of the proposed
antennas would be approximately 69 feet high, while the top of the proposed mansard roof is
approximately 70 feet high.
The applicant is proposing to remove portions of the existing metal mansard roof in front of the
antennas and replace it with an RF-permeable material that would not obstruct the signal and data
transmission.The sections of the mansard roof to be removed and replaced with the RF-permeable
material are between 12 and 36 feet long. The RF-permeable material would match the color of
the existing metal roof panels.
The necessary equipment for the antennas would be installed on the roof of the building and would
not be visible from the street. The equipment would be installed next to existing building HVAC
equipment already on the roof that is also not visible from the street.
-3 -
Recommendation& Findings of Fact
Petition 27-19 and 28-19
December 2, 2019
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Figure 3:Proposed roof plan
The applicant is proposing to install the new antennas to fill a gap in Verizon coverage and provide
more reliable service. The applicant has searched for and considered other existing tall structures
in the desired area, but has settled on the existing proposal as the best alternative. The only other
potentially viable site that could fill the desired coverage gap is the existing water tank at 900 N.
State Street, approximately 800 feet northwest of the subject building. However, Verizon opted
against installing the new antennas on the existing water tank because of structural and
environmental concerns of the water tank. In addition, the installation of the proposed antennas
concealed behind the existing mansard roof at 890 N. State Street represents a more visually
pleasing alternative.
-4 -
Recommendation & Findings of Fact
Petition 27-19 and 28-19
December 2, 2019
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The new antennas would replace the existing Verizon antennas located on the roof of the office
building at 777 Big Timber Road, which was formerly occupied by Verizon offices. The old
antennas at 777 Big Timber would be removed within six months after the start of operation of the
new antennas at 890 N. State Street.The location of the proposed antennas would be an unmanned
facility and would require only periodic maintenance.
Zoning Relief Necessary
The proposed antennas are classified as a "Conditional commercial antennas and antenna
structures mounted on existing structures" [SR] (UNCL), which is listed as a conditional use in
the PGI Planned General Industrial District Ordinance No. G72-03. The proposal also requires
several variations from the Municipal Code, specifically Chapter 6.95 "Personal Wireless
Telecommunication Services and Facilities",which applies to any new wireless antenna facilities.
The maximum permitted height for any new antennas is 50 feet. The peak height of the proposed
antennas is 69 feet above grade.The 50-foot height limit was adopted to encourage the installation
of more small-cell antennas that can be attached to utility poles,and are typically less than 50 feet
high.
Similarly, to encourage the installation of more small-cell antenna facilities, the Municipal Code
limits the volume of above ground equipment to maximum of 17 cubic feet. The applicant is
leasing a 16-foot by 10-foot area of the roof to install two six-foot high equipment cabinets and
one five-foot high electrical panel with a 109.7 cubic feet of total volume of above ground
- 5 -
Recommendation& Findings of Fact
Petition 27-19 and 28-19
December 2, 2019
equipment.
The required variations are summarized in the table 1 below.
Table 1. Detail of Required Variations
Standard Proposed
Maximum height above grade 50 feet 69 feet
Total volume of above ground 17 cubic feet 109.7 cubic feet
equipment
The proposed "Conditional commercial antennas and antenna structures mounted on existing
structures [SR] (UNCL)" is listed as a conditional use in the PGI Planned General Industrial
District Ordinance No. G72-03, requiring the review and recommendation by the Planning and
Zoning Commission and approval by the City Council.
The Planning and Zoning Commission is the determining body for the requested variations for the
maximum height of proposed antennas and the total volume of above ground equipment.
The Community Development Department offers the following additional information:
A. Property History. The subject property was annexed to the City in 1968. Upon
annexation, the property was zoned M2 General Industrial District. In 1992, the subject
property was rezoned to GI General Industrial District as part of the comprehensive
amendment to the zoning ordinance.
The construction of the existing four-story building on the property was approved in 2003,
by Ordinance No. G72-03, which also established the existing PGI Planned General
Industrial District.
B. Surrounding Land Use and Zoning. The property adjacent to the west is zoned GI
General Industrial District and is improved with several light-industrial and manufacturing
plants. The property adjacent to the south is zoned CI Commercial Industrial District and
is improved with a multi-tenant commercial building home to Habitat for Humanity and
indoor Fox Valley Flea Market.The Canadian,Pacific and Metra railroad tracks are located
to the north, which separate the property from the surface parking lots serving the office
building at 777 Big Timber Road. That building is currently vacant, but was formerly
occupied by Verizon Wireless offices.North State Street is located to the east and separates
the property from a vacant open space property that is currently undeveloped.
C. Comprehensive Plan. The subject property is designated as Office by the City's 2018
Comprehensive Plan. Office uses include professional services as well as medical-related
office uses. General offices, financial firms, technology companies, corporate
-6 -
Recommendation& Findings of Fact
Petition 27-19 and 28-19
December 2, 2019
headquarters, clinics, and doctor and dentist offices are all included in the office land use.
This land use comprises two general types of development: 1) Large office campuses
anchored by major users, and 2) Small clusters of related users such as a medical offices
or financial services often located adjacent to commercial corridors. With the exception of
a couple major office tenants, such as JP Morgan Chase, the majority of office uses are
ancillary in nature, supporting the function of nearby institutions and commercial areas.
D. Zoning District. The purpose of this PGI Planned General Industrial District is to provide
an alternate planned industrial environment for those industrial uses that do not require the
location or environment of an ORI Zoning District. This PGI Zoning District is most
similar to, but departs from the standard requirements of the GI Zoning District. The PGI
District is subject to the provisions of Chapter 19.60, Planned Developments.
E. Trend of Development.The subject property is located along N. State Street corridor.The
area is characterized by underutilized properties comprised of a number of older
commercial and industrial uses within medium- to large-scale buildings. Very little
redevelopment has taken place in this area in recent years. Due to the higher volume of
traffic along N. State Street and easy access to I-90 Tollway, the City anticipates the
properties along N. State Street corridor north of the Downtown will continue to be
occupied and redeveloped with light-industrial and warehousing type of uses.
FINDINGS
After due notice as required by law, the Planning & Zoning Commission conducted a public
hearing in consideration of Petitions 27-19 and 28-19 on December 2, 2019. Testimony was
presented at the public hearing in support of the application. The Community Development
Department submitted a Development Application Review and Written Findings &
Recommendation to the Planning&Zoning Commission dated December 2, 2019.
The Community Development Department and the Planning & Zoning Commission have made
the following findings regarding this application against the standards for conditional uses outlined
within § 19.65.030, and the standards for variations outlined in § 19.70.030:
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,and vegetation,and
existing improvements. The subject property is improved with a four-tory masonry office
building with the maximum height of 70 feet to the top of the existing mansard roof. The
- 7 -
Recommendation & Findings of Fact
Petition 27-19 and 28-19
December 2, 2019
proposed antennas would be attached to the support structure of the mansard roof.The new
antennas would not be visible from the street. All necessary equipment for the antennas
would also be installed on the roof and would not be visible from the street. No existing
site features including topography, watercourses, vegetation, and property improvements
exist that would have a negative impact on the proposed installation of antennas on the roof
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. This standard is not applicable. The property and the existing building are
currently served by municipal water, sanitary sewer, and storm water systems, but such
services are not necessary for the proposed antennas. The applicant is not proposing any
changes to the existing 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.
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 property is improved with a four-story building and
accessory parking lots. A traffic signal located at the intersection of N. State Street with a
private driveway providing access to the subject property ensures safe and efficient traffic
circulation and vehicular access to the property.The installation of the antennas on the roof
of the existing building will not have any negative effect on the existing on-site and off-
site traffic circulation.
The proposed antennas would be an unmanned facility.Therefore,no additional parking is
required. The property has a total of 156 parking spaces, which serve the existing office
uses in the building.Adequate parking exists on site to accommodate one additional service
vehicle for periodic maintenance of the proposed antennas.
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 existing 70-foot high building is one of the tallest structures in the vicinity of Verizon's
existing antennas located at 777 Big Timber Road, which need to be replaced with new
- 8 -
Recommendation & Findings of Fact
Petition 27-19 and 28-19
December 2, 2019
antennas. The proposed antennas would be attached to the support structure of the existing
mansard roof and would not be visible from the street.The applicant would replace portions
of the mansard roof panels with an RF-permeable material that would not obstruct the
signal and data transmission. The RF-permeable material would match the color of the
existing roof. All necessary equipment would also be installed on the roof and would not
be visible from the street.
The applicant considered installing the new antennas on the existing water tank at 900 N.
State Street,but decided against it because of structural and environmental concerns. The
installation of the proposed antennas concealed behind the existing mansard roof at 890 N.
State Street represents a more visually pleasing alternative.
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,
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.
STANDARDS FOR VARIATIONS
A General Standards: The Planning and Zoning Commission shall not vary the provisions
of this title as authorized in this chapter unless the Commission has made favorable
findings based on evidence presented at a public hearing for each of the following general
standards:
1. Extraordinary Conditions Standard. That the variation should be based on the
existence of extraordinary or exceptional conditions, difficulties, or hardships, which
render the strict application of the requirements of the zoning ordinance unreasonable.
The extraordinary conditions should distinguish the property from other properties that
will remain subject to the standard requirements of the same zoning district. More
specifically, variations shall not be granted in lieu of an acceptable text amendment,
which would benefit other property that otherwise would remain subject to the standard
requirements of the same zoning district.
Height Variation
Findings. The requested variation is based on the existence of extraordinary or
exceptional conditions, difficulties, or hardships, which render the strict application of
the requirements of the zoning ordinance unreasonable. If the applicant were to install
the antennas at the maximum permitted height of 50 feet,the new antennas would have
-9 -
Recommendation & Findings of Fact
Petition 27-19 and 28-19
December 2, 2019
to be attached to the face of the building below the existing mansard roof.The applicant
is proposing to install the new antennas with the maximum height of 69 feet,but would
attach the antennas to the support structure of the existing mansard roof. As such, the
antennas would not be visible from the street. The proposal represents a more visually
pleasing alternative to the installation of the antennas at the height of 50 feet.
Total Volume of Above Ground Equipment Variation
Findings. The requested variation is based on the existence of extraordinary or
exceptional conditions, difficulties,or hardships,which render the strict application of
the requirements of the zoning ordinance unreasonable. The intent of the existing
regulations which limit the total volume of above ground equipment to 17 cubic feet is
to encourage the installation of small- cell wireless antennas that could be attached to
utility poles. The equipment associated with such small-cell antennas is smaller and
usually less than 17 cubic feet.
The applicant is proposing to install typical commercial-scale antennas for transmission
of wireless signal. The equipment for such antennas is larger. The two proposed
cabinets and one electric panel necessary for the operations of proposed antennas are
109.7 cubic feet in volume. The equipment would be installed within a 16-foot by 10-
foot area on the roof of the building with existing HVAC equipment. The new
equipment would be obscured by the mansard roof and would not be visible from the
street.
2. Character of the Surrounding Area Standard. That the variation, if granted,should
maintain the essential character of the surrounding area.
Height Variation
Findings. The requested variation, if granted, would maintain the essential character
of the area. The applicant would attach the proposed antennas to the support structure
of the existing mansard roof. Portions of the existing mansard roof would be replaced
with an RF-permeable material, which would match the color of the existing roof but
would not obstruct the signal and data transmission. The new RF-permeable material
and the new antennas would not change the exterior appearance of the mansard roof.
Total Volume of Above Ground Equipment Variation
Findings. The requested variation, if granted, would maintain the essential character
of the area.The new equipment,although larger than what is permitted by Code would
be installed on the roof of the existing building and would be obscured by the existing
mansard roof. The equipment would not be visible from the street and would not alter
the exterior appearance of the building.
B. Additional Standards. For the purpose of supplementing the general standards, the
Planning and Zoning commission shall also determine the extent to which favorable
- 10 -
Recommendation & Findings of Fact
Petition 27-19 and 28-19
December 2, 2019
findings have been established by the evidence presented at a public hearing for each of
the following additional standards:
1. Mere Inconvenience Standard. That the subject property features particular physical
surroundings, size, shape, or topographical conditions which bring a particular
hardship on the owner, as distinguished from a mere inconvenience, if the strict letter
of the regulations are applied.
Height Variation
Findings. The subject property features particular physical surroundings, size, shape,
or topographical conditions which bring a particular hardship on the owner, as
distinguished from a mere inconvenience, if the strict letter of the regulations are
applied. If the proposed antennas were required to be installed at the maximum height
of 50 feet, the antennas would have to be attached to the building's façade. Such
installation could undermine the structural integrity of the brick façade, and it would
alter the exterior appearance of the building. Instead, the applicant is proposing to
attach the antennas to the support structure of the existing roof with a maximum height
of 69 feet.The installation would not compromise the integrity of the roof structure and
it would not alter the exterior appearance of the building as the antennas would not be
visible from the street. The new RF-permeable material would also match the color of
the existing metal roof.
Total Volume of Above Ground Equipment Variation
Findings. The subject property features particular physical surroundings, size, shape,
or topographical conditions which bring a particular hardship on the owner, as
distinguished from a mere inconvenience, if the strict letter of the regulations are
applied. The installation of typical commercial antennas for transmission of wireless
signal requires certain size of accessory equipment. The installation of smaller, above
ground equipment than what is necessary for the proposed antennas to meet the code
requirement would present a physical hardship on the applicant. The new antennas
would not be able to function as designed if the accessory equipment was required to
be reduced in volume.
2. Reasonable Return Standard. That the variation will provide the subject property
with a reasonable return, which would not be possible if the property were permitted
to be used only in compliance with the regulations of the zoning district in which it is
located.
Height Variation
Findings. The variation will provide the subject property with a reasonable return,
which would not be possible if the property were permitted to be used only in
compliance with the regulations of the zoning district in which it is located. The new
antennas are proposed to replace the existing Verizon antennas located on the roof of
- 11 -
Recommendation & Findings of Fact
Petition 27-19 and 28-19
December 2, 2019
the building at 777 Big Timber Road. The top of those antennas is approximately 61
feet above grade. If the new antennas were required to be installed with a maximum
height of 50 feet, the applicant would not be able to achieve the same signal coverage
as is currently provided with the existing antennas.The installation of the new antennas
with the maximum height of 69 feet above grade would afford the applicant reasonable
return, that would otherwise not be possible.
Total Volume of Above Ground Equipment Variation
Findings. The variation will provide the subject property with a reasonable return,
which would not be possible if the property were permitted to be used only in
compliance with the regulations of the zoning district in which it is located. The
applicant is proposing to install the necessary equipment for proper operation of the
proposed antennas. If the applicant were to be required to reduce the size of accessory
equipment, the proposed antennas would not be able to function as designed. This
would represent a loss of reasonable return on the property.
3. Greater Economic Return Standard. That the variation is based on conditions,
difficulties, or hardships that do not involve only a desire to make a greater economic
return from the subject property.
Height Variation
Findings. The variation is based on conditions, difficulties, or hardships that do not
involve only a desire to make a greater economic return from the subject property. The
applicant is proposing to install the new antennas at the new location to provide better
service and fill a gap in Verizon Wireless coverage area. The new antennas are
replacing the existing antennas located on top of the building at 777 Big Timber Road
with a maximum height of approximately 61 feet. The new antennas would improve
the existing service and coverage and would not result in the greater economic return
for the applicant.
Total Volume of Above Ground Equipment Variation
Findings. The variation is based on conditions, difficulties, or hardships that do not
involve only a desire to make a greater economic return from the subject property. The
size of the proposed above ground equipment is necessary and required for proper
operation of the new antennas, which are replacing existing antennas located on the
roof of the building at 777 Big Timber Road. If the applicant were required to install
smaller equipment to meet the Code requirements, it would prevent the normal
operations of the antennas and result in the loss of economic return.
4. Creation of Extraordinary Conditions Standard. That the variation is based on a
condition, difficulty, or hardship created by a person previously having an economic
interest in the property or by circumstances which occurred prior to the current
ownership of the property.
- 12 -
Recommendation& Findings of Fact
Petition 27-19 and 28-19
December 2,2019
Height Variation
Findings. The variation is based on a condition, difficulty, or hardship created by a
person previously having an economic interest in the property or by circumstances
which occurred prior to the current ownership of the property. The height of the
proposed antennas is based on the height of the existing building. The building has
existed in its current configuration with the maximum height of 70 feet since it was
constructed in 2003,prior to the applicant's decision to install the new antennas on the
subject property.
Total Volume of Above Ground Equipment Variation
Findings. The variation is based on a condition, difficulty, or hardship created by a
person previously having an economic interest in the property or by circumstances
which occurred prior to the current ownership of the property. The total volume of
above ground equipment proposed is directly related and necessary for the proper
operation of the proposed antennas. The applicant is proposing the commercial-size
antennas, rather than the small-cell antennas, because the existing building is tall
enough and lends itself better for the installation of typical commercial-size antennas.
The building has existed in its current condition since it was constructed in 2003,prior
to applicant's taking decision to install the antennas on the subject property.
5. Impact on the Surrounding Area Standard. That the variation should have no
effect on or should promote the adequate supply of light and air to adjacent property,
should have no effect on or should decrease the danger of fire, should protect the
public safety, and should have no effect on or should enhance other property or
improvements in the surrounding area.
Height Variation
Findings.The variation will have no effect on the adequate supply of light and air to
adjacent properties, will have no effect on the danger of fire, will protect the public
safety, and will enhance other properties or improvements in the surrounding area.
The proposed antennas would be attached to the support structure of the existing
mansard roof and would not increase the height of the existing building. While the
subject building is the tallest structure in the immediate vicinity, the closest building
is located approximately 210 feet to the south. Without the changes to the exterior
appearance of the existing building,the proposal will not have any effect on providing
adequate light and air to adjacent properties, and would not increase the danger of fire
on surrounding properties.
Total Volume of Above Ground Equipment Variation
Findings.The variation will have no effect on the adequate supply of light and air to
adjacent properties, will have no effect on the danger of fire, will protect the public
safety, and will enhance other properties or improvements in the surrounding area.
- 13 -
Recommendation& Findings of Fact
Petition 27-19 and 28-19
December 2, 2019
The proposed equipment, although larger than what is allowed by Code, would be
located within a 16-foot by 10-foot area on the roof of the existing building. The
equipment would be obscured by the existing mansard roof and would not be visible
from the street. As such, the equipment would not have any negative effect on
providing adequate light and air to surrounding properties, nor it would increase the
danger of fire on adjacent properties.
6. Minimum Adjustment Standard. That the variation shall be the minimum
adjustment necessary for the reasonable use of the land.
Height Variation
Findings. The variation is a minimum adjustment necessary for the reasonable use of
the land. The height of the proposed antennas is related to the height of the existing
building. The applicant is proposing to attach the antennas to the support structure of
the existing roof one foot below the maximum height of the roof (70 feet). The
proposed antennas are replacing the existing antennas located on the roof of the
building at 777 Big Timber Road,which are approximately 61 feet high.The proposed
height of 69 feet is the minimum height necessary to provide the same type of wireless
service and fill the gap in coverage area.
Total Volume of Above Ground Equipment Variation
Findings. The variation is a minimum adjustment necessary for the reasonable use of
the land. The 109.7 cubic feet of volume of above ground equipment is the minimum
size necessary for the operation of the proposed antennas as designed. The equipment,
comprised of two six-foot high cabinets and one five-foot high electrical panel,would
be located within a 16-foot by ten-foot area on the roof of the building and would not
be visible from the street.
7. Historic Preservation Standard: Where applicable, that the variation 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, and cultural values to a historic preservation plan and subject
to the provisions of title 20 of this code.
Height and Total Volume of Above Ground Equipment Variations
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
MITIGATION FOR REQUESTED VARIATIONS
Per Section 19.70.080 of the zoning ordinance,the approval of all variations shall be subject to the
- 14 -
Recommendation & Findings of Fact
Petition 27-19 and 28-19
December 2, 2019
condition that the variation is specifically mitigated by an equivalent, but more restrictive
application of one or more of the site design regulations of the zoning district in which the property
benefited by the variation is located.
Findings. The applicant has proposed the following as mitigation for the requested variation:
1. Design of the RF permeable material. The applicant is proposing to remove and replace
portions of the existing mansard roof located in front of the proposed antennas with an RF-
permeable material so as not to block the signal and data transmission. The proposed RF-
permeable material would match the design and color of the existing metal mansard roof.
As such, while several sections of the roof would be replaced, the overall appearance of
the roof and the building as a whole would not change.
In total,the installation of the proposed antennas would improve Verizon Wireless service,and fill
a gap in the coverage area. The antennas would be attached to the support structure of the existing
roof and would not be visible from the street. Similarly, the required equipment for proper
operation of the antennas as designed would be installed on the roof of the building and would also
not be visible from the street. The proposed RF-permeable material that would replace portions of
the existing mansard roof so as not to obstruct the signal and data transmission would match the
color and design of the existing mansard roof. The proposal would maintain the exterior
appearance of the existing building and it would improve Verizon Wireless service in the area. In
addition, the existing Verizon Wireless antennas located on the roof of the building at 777 Big
Timber Road would be removed, which would enhance the look of that building. The proposal
would have a positive effect on all surrounding properties.
RECOMMENDATION
The Planning and Zoning Commission concurred with staff and approved Petition 28-19 for the
requested variations, and recommended approval of Petition 27-19 for the conditional use,subject
to the following conditions:
1. Substantial conformance to the Development Application submitted by Chicago SMSA
Limited Partnership d/b/a Verizon Wireless, as applicant, and Elgin-State, LLC, as
property owner, received June 13, 2019 and supporting documents including:
a. Undated Conditional Use Application & Variation for Chicago SMSA Limited
Partnership d/b/a Verizon Wireless for a rooftop telecommunications facility
installation located on 890 N State St Elgin, IL 60123, prepared by Chris Barton,
received October 11,2019;
b. Proposed plans for Verizon antennas"Location Number: 395053 Site Name: Elgin
Call Center Relo 890 N. State St Elgin, IL 60123", prepared by Terra Consulting
Group, Ltd., dated February 8, 2018, last revised September 27, 2019, with such
- 15 -
Recommendation & Findings of Fact
Petition 27-19 and 28-19
December 2, 2019
further revisions as required by the Community Development Director;
c. Undated Exhibit B, Elgin Call Center Relocation photo simulation, received May
30, 2019;
d. Exhibit C,Structural Calculations for Verizon Loc.#395053 Elgin Call Center Relo
890 North State Street Elgin, Illinois, prepared by Hutter Trankina Engineering,
dated March 12, 2019, with such further revisions as required by the Community
Development Director;
e. Exhibit E, "SBNHH-1D65B" specifications, dated May 28, 2019; and
f. Undated Exhibit F, "Elgin Call Center Relo" maps, received May 30, 2019;
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. The sections of the existing roof to be removed shall be replaced with RF-permeable
material matching the color of the sample: "11-14-19 VZ19-01534H-35 Elgin Call Center
Relo RAL-7020 Corothane Flat No Standing Seam FRP Sample,Sample 1 B"from Raycap
Stealth;
3. The existing antennas on the roof of the building at 777 Big Timber Road used by Verizon
Wireless shall be removed no later than six (6) months after the new antennas at 890 N.
State Street have started operation.
4. Compliance with all applicable codes and ordinances.
The vote of the Planning & Zoning Commission on the motion to approve Pet 28-19 for the
requested variations, subject to the conditions outlined by the Community Development
Department was six (6) yes, zero (0)no, and zero (0) abstentions. One member was absent.
The vote of the Planning&Zoning Commission on the motion to recommend approval of Pet 27-
19 for the conditional use, subject to the conditions outlined by the Community Development
Department was six (6) yes, zero(0) no, and zero(0) abstentions. One member was absent.
Respectfully Submitted,
s/Jay Cox
Jay Cox, Chairman
Planning&Zoning Commission
s/Damir Latinovic
Damir Latinovic, AICP; Secretary
Planning&Zoning Commission
- 16 -
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