HomeMy WebLinkAboutG56-03 r
Ordinance No. G56-03
AN ORDINANCE
RECLASSIFYING PROPERTY FROM
GI GENERAL INDUSTRIAL DISTRICT TO
PGI-PLANNED GENERAL INDUSTRIAL DISTRICT
AND GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT IN THE
ARC-ARTERIAL ROAD CORRRIDOR DISTRICT
( "AREA B" -1475 Villa Street)
WHEREAS, written application has been made to reclassify
certain property located at 1475 Villa Street, Elgin, Illinois and
legally described as set forth herein (the "Subject Property") from
GI General Industrial District to PGI Planned General Industrial
District and to grant a conditional use for a planned development
in the ARC-Arterial Road Corridor District; and
WHEREAS, the Planning and Development Commission has conducted
a public hearing concerning said application and has submitted its
written findings and recommendation that the subject property be
reclassified; and
'` WHEREAS, the City Council of the City has reviewed the
tt findings and recommendation of the Planning and Development
Commission and concurs in such recommendations .
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 May 19, 2003 , made by the
Planning and Development Commission, a copy of which is attached
hereto and made a part hereof by reference as Exhibit A.
Section 2 . That Chapter 19 . 08 , Section 19 . 08 . 020 entitled
"Zoning District Map" of the Elgin Municipal Code, as amended, be
and the same is hereby further amended by adding thereto the
following paragraph:
The boundaries hereinafter laid out in the "Zoning
District Map" , as amended, be and are hereby altered by
including in the PGI- Planned General Industrial District
the Subject Property depicted as Area B on the Area Map
attached hereto as Exhibit 1, legally described as
follows :
rft. THAT PART OF SECTIONS 20 AND 29, TOWNSHIP 41 NORTH, RANGE
9, EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS
FOLLOWS : COMMENCING AT THE NORTHEAST CORNER OF THE
NORTHWEST 1/4 OF SAID SECTION 29; THENCE NORTH 88 DEGREES
39 MINUTES 37 SECONDS EAST (NORTH 88 DEGREES 54 MINUTES
06 SECONDS EAST RECORD) ALONG THE NORTH LINE OF SAID
SECTION 29, 31 . 15 FEET (29 . 89 FEET RECORD) TO THE
WESTERLY RIGHT OF WAY LINE OF THE ELGIN, JOLIET AND
EASTERN RAILWAY COMPANY; THENCE NORTH 09 DEGREES 03
MINUTES 09 SECONDS EAST (NORTH 09 DEGREES 15 MINUTES EAST
RECORD) ALONG SAID WESTERLY RIGHT OF WAY LINE 381 . 80 FEET
TO THE CENTER LINE OF THE OLD ROAD (FOR A POINT
HEREINAFTER KNOWN AS POINT A) ; THENCE NORTH 69 DEGREES 42
MINUTES 53 SECONDS WEST (NORTH 69 DEGREES 27 MINUTES 30
SECONDS WEST RECORD) ALONG SAID CENTER LINE 815 . 99 FEET
TO THE NORTH EAST CORNER OF LAND DEDICATED FOR PUBLIC
HIGHWAY PURPOSES; THENCE SOUTH 17 DEGREES 09 MINUTES 20
SECONDS WEST (SOUTH 17 DEGREES 24 MINUTES 43 SECONDS WEST
RECORD) 65 . 0 FEET TO A POINT 98 . 0 FEET SOUTHERLY OF THE
CENTER LINE OF THE EXISTING U.S. ROUTE 20 (AS MEASURED AT
RIGHT ANGLES THERETO) ; THENCE NORTH 72 DEGREES 50 MINUTES
39 SECONDS WEST (NORTH 72 DEGREES 35 MINUTES 16 SECONDS
WEST RECORD) ALONG THE SOUTHERLY LINE OF SAID DEDICATED
LAND 108 . 74 FEET (109 . 0 FEET DEED) ; THENCE SOUTH 80
DEGREES 25 MINUTES 28 SECONDS WEST (SOUTH 80 DEGREES 40
MINUTES 50 SECONDS WEST RECORD) ALONG SAID SOUTHERLY LINE
178 . 91 FEET (177 .40 FEET DEED) ; THENCE SOUTH 67 DEGREES
52 MINUTES 02 SECONDS WEST (SOUTH 67 DEGREES 45 MINUTES
eft 28 SECONDS WEST RECORD) A CHORD DISTANCE OF 352 . 34 FEET
(353 . 95 FEET RECORD) , (SAID CHORD BEING PART OF A CURVE
HAVING A RADIUS OF 272 . 0 FEET AND AN ARC DISTANCE OF
383 . 28 FEET (385 . 38 FEET RECORD) WHICH IS THE SOUTHERLY
LINE OF SAID DEDICATED PROPERTY) TO A POINT HEREINAFTER
KNOWN AS POINT B ON THE EASTERLY LINE OF COMMONWEALTH
EDISON COMPANY PROPERTY, SAID LINE BEING 40 . 0 FEET
EASTERLY OF AND PARALLEL TO A LINE DEFINED AS THE
EASTERLY LINE IN DOCUMENTS 9899344 AND 9929391; THENCE
SOUTH 05 DEGREES 46 MINUTES 42 SECONDS WEST (SOUTH 05
DEGREES 57 MINUTES 15 SECONDS WEST RECORD) ALONG SAID
COMMONWEALTH EDISON PROPERTY 363 . 69 FEET (362 . 82 FEET
RECORD) TO AN ANGLE POINT; THENCE SOUTH 08 DEGREES 17
MINUTES 38 SECONDS WEST (SOUTH 08 DEGREES 24 MINUTES 57
SECONDS WEST RECORD) ALONG SAID EASTERLY LINE OF
COMMONWEALTH EDISON PROPERTY 1015 .47 FEET TO THE SOUTH
LINE OF THAT PART CONVEYED TO BLUFF CITY MATERIALS, INC. ,
FKA ABBOTT CONTRACTORS OF ILLINOIS, INC. BY DOCUMENT
NUMBER 88412478 ; THENCE SOUTH 77 DEGREES 03 MINUTES 59
SECONDS EAST 300 . 99 FEET (SOUTH 76 DEGREES 51 MINUTES 08
SECONDS 301 . 03 FEET RECORD) ; THENCE SOUTH 08 DEGREES 17
MINUTES 38 SECONDS WEST 70 . 21 FEET ALONG A LINE 300 . 00
FEET EASTERLY OF AND PARALLEL TO THE EASTERLY LINE OF
SAID COMMONWEALTH EDISON PROPERTY TO THE POINT OF
BEGINNING; THENCE SOUTH 08 DEGREES 17 MINUTES 38 SECONDS
WEST 2525 .27 FEET ALONG SAID PARALLEL LINE; THENCE SOUTH
77 DEGREES 03 MINUTES 59 SECONDS EAST ALONG A LINE
PARALLEL TO SAID SOUTH LINE OF THAT PART CONVEYED TO
BLUFF CITY MATERIALS, INC. , FKA ABBOTT CONTRACTORS OF
ILLINOIS, INC. 1021 . 76 FEET TO THE WESTERLY LINE OF THE
AFORESAID ELGIN, JOLIET AND EASTERN RAILWAY COMPANY AND
647 .43 FEET NORTHERLY OF THE NORTHERLY LINE OF THE
CHICAGO, MILWAUKEE, ST. PAUL & PACIFIC RAILROAD (AS
MEASURED ALONG SAID WESTERLY LINE OF ELGIN, JOLIET AND
EASTERN RAILWAY) ; THENCE NORTH 09 DEGREES 03 MINUTES 00
SECONDS EAST ALONG SAID WESTERLY LINE OF THE ELGIN,
JOLIET AND EASTERN RAILWAY COMPANY 2522 . 79 FEET; THENCE
NORTH 77 DEGREES 03 MINUTES 59 SECONDS WEST ALONG A LINE
PARALLEL TO SAID SOUTH LINE OF THAT PART CONVEYED TO
BLUFF CITY MATERIALS, INC. , FKA ABBOTT CONTRACTORS OF
ILLINOIS, INC. 1055. 15 FEET TO THE POINT OF BEGINNING, IN
COOK COUNTY, ILLINOIS .
AND
THAT PART OF SECTIONS 20 AND 29, TOWNSHIP 41 NORTH, RANGE
9, EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS
FOLLOWS : COMMENCING AT THE NORTHEAST CORNER OF THE
NORTHWEST 1/4 OF SAID SECTION 29; THENCE NORTH 88 DEGREES
39 MINUTES 37 SECONDS EAST (NORTH 88 DEGREES 54 MINUTES
06 SECONDS EAST RECORD) ALONG THE NORTH LINE OF SAID
SECTION 29, 31 . 15 FEET (29 . 89 FEET RECORD) TO THE
WESTERLY RIGHT OF WAY LINE OF THE ELGIN, JOLIET AND
EASTERN RAILWAY COMPANY; THENCE NORTH 09 DEGREES 03
MINUTES 09 SECONDS EAST (NORTH 09 DEGREES 15 MINUTES EAST
RECORD) ALONG SAID WESTERLY RIGHT OF WAY LINE 381 . 80 FEET
TO THE CENTER LINE OF THE OLD ROAD (FOR A POINT
HEREINAFTER KNOWN AS POINT A) ; THENCE NORTH 69 DEGREES 42
MINUTES 53 SECONDS WEST (NORTH 69 DEGREES 27 MINUTES 30
SECONDS WEST RECORD) ALONG SAID CENTER LINE 815 . 99 FEET
TO THE NORTHEAST CORNER OF LAND DEDICATED FOR PUBLIC
HIGHWAY PURPOSES; THENCE SOUTH 17 DEGREES 09 MINUTES 20
SECONDS WEST (SOUTH 17 DEGREES 24 MINUTES 43 SECONDS WEST
RECORD) 65 . 0 FEET TO A POINT 98 . 0 FEET SOUTHERLY OF THE
CENTER LINE OF THE EXISTING U.S . ROUTE 20 (AS MEASURED AT
RIGHT ANGLES THERETO) ; THENCE NORTH 72 DEGREES 50 MINUTES
39 SECONDS WEST (NORTH 72 DEGREES 35 MINUTES 16 SECONDS
WEST RECORD) ALONG THE SOUTHERLY LINE OF SAID DEDICATED
LAND 108 . 74 FEET (109 . 0 FEET DEED) ; THENCE SOUTH 80
DEGREES 25 MINUTES 28 SECONDS WEST (SOUTH 80 DEGREES 40
MINUTES 50 SECONDS WEST RECORD) ALONG SAID SOUTHERLY LINE
178 . 91 FEET (177 .40 FEET DEED) ; THENCE SOUTH 67 DEGREES
52 MINUTES 02 SECONDS WEST (SOUTH 67 DEGREES 45 MINUTES
28 SECONDS WEST RECORD) A CHORD DISTANCE OF 352 . 34 FEET
(353 . 95 FEET RECORD) , (SAID CHORD BEING PART OF A CURVE
HAVING A RADIUS OF 272 . 0 FEET AND AN ARC DISTANCE OF
eft 383 .28 FEET (385 . 38 FEET RECORD) WHICH IS THE SOUTHERLY
LINE OF SAID DEDICATED PROPERTY) TO A POINT HEREINAFTER
KNOWN AS POINT B ON THE EASTERLY LINE OF COMMONWEALTH
EDISON COMPANY PROPERTY, SAID LINE BEING 40 . 0 FEET
row EASTERLY OF AND PARALLEL TO A LINE DEFINED AS THE
EASTERLY LINE IN DOCUMENTS 9899344 AND 9929391 ; THENCE
SOUTH 05 DEGREES 46 MINUTES 42 SECONDS WEST (SOUTH 05
DEGREES 57 MINUTES 15 SECONDS WEST RECORD) ALONG SAID
COMMONWEALTH EDISON PROPERTY 363 . 69 FEET (362 . 82 FEET
RECORD) TO AN ANGLE POINT; THENCE SOUTH 08 DEGREES 17
MINUTES 38 SECONDS WEST (SOUTH 08 DEGREES 24 MINUTES 57
SECONDS WEST RECORD) ALONG SAID EASTERLY LINE OF
COMMONWEALTH EDISON PROPERTY 1015 .47 FEET TO THE SOUTH
LINE OF THAT PART CONVEYED TO BLUFF CITY MATERIALS, INC. ,
FKA ABBOTT CONTRACTORS OF ILLINOIS, INC. BY DOCUMENT
NUMBER 88412478; THENCE SOUTH 77 DEGREES 03 MINUTES 59
SECONDS EAST 300 . 99 FEET (SOUTH 76 DEGREES 51 MINUTES 08
SECONDS 301 . 03 FEET RECORD) ; THENCE SOUTH 08 DEGREES 17
MINUTES 38 SECONDS WEST 70 . 21 FEET ALONG A LINE 300 . 00
FEET EASTERLY OF AND PARALLEL TO THE EASTERLY LINE OF
SAID COMMONWEALTH EDISON PROPERTY TO THE POINT OF
BEGINNING; THENCE SOUTH 08 DEGREES 17 MINUTES 38 SECONDS
WEST 2525 . 27 FEET ALONG SAID PARALLEL LINE; THENCE NORTH
77 DEGREES 03 MINUTES 59 SECONDS WEST ALONG A LINE
PARALLEL TO SAID SOUTH LINE OF THAT PART CONVEYED TO
BLUFF CITY MATERIALS, INC. , FKA ABBOTT CONTRACTORS OF
ILLINOIS, INC. 273 . 33 FEET TO A POINT ON SAID EASTERLY
LINE OF COMMONWEALTH EDISON PROPERTY; THENCE NORTH 00
DEGREES 20 MINUTES 28 SECONDS EAST (NORTH 00 DEGREES 01
MINUTE 36 SECONDS EAST RECORD) ALONG SAID EASTERLY LINE
OF COMMONWEALTH EDISON PROPERTY 199 . 21 FEET TO AN ANGLE
POINT; THENCE NORTH 08 DEGREES 17 MINUTES 38 SECONDS EAST
(NORTH 08 DEGREES 24 MINUTES 57 SECONDS EAST RECORD)
ALONG SAID EASTERLY LINE OF COMMONWEALTH EDISON PROPERTY
2330 .22 FEET; THENCE SOUTH 77 DEGREES 03 MINUTES 59
SECONDS EAST ALONG A LINE PARALLEL TO SAID SOUTH LINE OF
THAT PART CONVEYED TO BLUFF CITY MATERIALS, INC. , FKA
ABBOTT CONTRACTORS OF ILLINOIS, INC. 300 . 99 FEET TO THE
POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS .
AND
THAT PART OF SECTIONS 20 AND 29, TOWNSHIP 41 NORTH, RANGE
9, EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS
FOLLOWS : COMMENCING AT THE NORTHEAST CORNER OF THE
NORTHWEST 1/4 OF SAID SECTION 29; THENCE NORTH 88 DEGREES
39 MINUTES 37 SECONDS EAST (NORTH 88 DEGREES 54 MINUTES
06 SECONDS EAST RECORD) ALONG THE NORTH LINE OF SAID
SECTION 29, 31 . 15 FEET (29 . 89 FEET RECORD) TO THE
WESTERLY RIGHT OF WAY LINE OF THE ELGIN, JOLIET AND
EASTERN RAILWAY COMPANY; THENCE NORTH 09 DEGREES 03
MINUTES 09 SECONDS EAST (NORTH 09 DEGREES 15 MINUTES EAST
eigik RECORD) ALONG SAID WESTERLY RIGHT OF WAY LINE 381 . 80 FEET
TO THE CENTER LINE OF THE OLD ROAD (FOR A POINT
HEREINAFTER KNOWN AS POINT A) ; THENCE NORTH 69 DEGREES 42
MINUTES 53 SECONDS WEST (NORTH 69 DEGREES 27 MINUTES 30
eft. SECONDS WEST RECORD) ALONG SAID CENTER LINE 815 . 99 FEET
TO THE NORTHEAST CORNER OF LAND DEDICATED FOR PUBLIC
HIGHWAY PURPOSES; THENCE SOUTH 17 DEGREES 09 MINUTES 20
SECONDS WEST (SOUTH 17 DEGREES 24 MINUTES 43 SECONDS WEST
RECORD) 65 . 0 FEET TO A POINT 98 . 0 FEET SOUTHERLY OF THE
CENTER LINE OF THE EXISTING U.S. ROUTE 20 (AS MEASURED AT
RIGHT ANGLES THERETO) ; THENCE NORTH 72 DEGREES 50 MINUTES
39 SECONDS WEST (NORTH 72 DEGREES 35 MINUTES 16 SECONDS
WEST RECORD) ALONG THE SOUTHERLY LINE OF SAID DEDICATED
LAND 108 . 74 FEET (109 . 0 FEET DEED) ; THENCE SOUTH 80
DEGREES 25 MINUTES 28 SECONDS WEST (SOUTH 80 DEGREES 40
MINUTES 50 SECONDS WEST RECORD) ALONG SAID SOUTHERLY LINE
178 . 91 FEET (177 .40 FEET DEED) ; THENCE SOUTH 30 DEGREES
22 MINUTES 29 SECONDS WEST A CHORD DISTANCE OF 27 .29 FEET
(SAID CHORD BEING PART OF A CURVE HAVING A RADIUS OF
272 . 0 FEET AND AN ARC DISTANCE OF 27 .30 FEET WHICH IS THE
SOUTHERLY LINE OF SAID DEDICATED PROPERTY) TO THE POINT
OF BEGINNING; THENCE SOUTHWESTERLY ALONG SAID SOUTHERLY
LINE BEING ON A CURVE TO THE RIGHT AND HAVING A RADIUS OF
272 . 0 FEET AN ARC DISTANCE OF 355 . 97 FEET (356 . 31 FEET
RECORD) (THE CHORD OF THE LAST DESCRIBED LINE BEARING
SOUTH 70 DEGREES 44 MINUTES 33 SECONDS WEST 331 . 11 FEET
(SOUTH 70 DEGREES 50 MINUTES 03 SECONDS WEST 331 . 38 FEET
RECORD) ) , TO A POINT ON THE EASTERLY LINE OF COMMONWEALTH
EDISON COMPANY PROPERTY, SAID LINE BEING 40 . 0 FEET
EASTERLY OF AND PARALLEL TO A LINE DEFINED AS THE
EASTERLY LINE IN DOCUMENTS 9899344 AND 9929391; THENCE
SOUTH 05 DEGREES 46 MINUTES 42 SECONDS WEST (SOUTH 05
DEGREES 57 MINUTES 15 SECONDS WEST RECORD) ALONG SAID
EASTERLY LINE OF COMMONWEALTH EDISON PROPERTY 363 . 69 FEET
(362 . 82 FEET RECORD) TO AN ANGLE POINT IN SAID LINE;
THENCE SOUTH 08 DEGREES 17 MINUTES 38 SECONDS WEST (SOUTH
08 DEGREES 24 MINUTES 57 SECONDS WEST RECORD) ALONG SAID
LINE 1015 .47 FEET TO THE SOUTH LINE OF THAT PART CONVEYED
TO BLUFF CITY MATERIALS, INC. , FKA ABBOTT CONTRACTORS OF
ILLINOIS, INC. BY DOCUMENT NUMBER 88412478 ; THENCE
CONTINUING ALONG THE LAST DESCRIBED COURSE SOUTH 08
DEGREES 17 MINUTES 38 SECONDS WEST (SOUTH 08 DEGREES 24
MINUTES 57 SECONDS WEST RECORD) 70 .21 FEET; THENCE SOUTH
77 DEGREES 03 MINUTES 59 SECONDS EAST ALONG A LINE
PARALLEL TO SAID SOUTH LINE OF THAT PART CONVEYED TO
BLUFF CITY MATERIALS, INC. , FKA ABBOTT CONTRACTORS OF
ILLINOIS, INC. 300 . 99 FEET; THENCE NORTH 08 DEGREES 17
MINUTES 38 SECONDS EAST 70 . 21 FEET ALONG A LINE 300 . 00
FEET EASTERLY OF AND PARALLEL TO THE EASTERLY LINE OF
SAID COMMONWEALTH EDISON PROPERTY TO SAID SOUTH LINE OF
THAT PART CONVEYED TO BLUFF CITY MATERIALS, INC. , FKA
ABBOTT CONTRACTORS OF ILLINOIS, INC. ; THENCE NORTH 08
DEGREES 17 MINUTES 38 SECONDS EAST (NORTH 08 DEGREES 24
MINUTES 57 SECONDS EAST RECORD) ALONG A LINE 300 . 0 FEET
EASTERLY OF AND PARALLEL TO THE EASTERLY LINE OF SAID
COMMONWEALTH EDISON PROPERTY 1046 .40 FEET (1046 . 75 FEET
ft► RECORD) TO AN ANGLE POINT; THENCE NORTH 05 DEGREES 46
( MINUTES 42 SECONDS EAST (NORTH 05 DEGREES 57 MINUTES 15
SECONDS EAST RECORD) ALONG SAID PARALLEL LINE 510 .40 FEET
(510 . 02 FEET RECORD) TO THE SOUTHERLY LINE OF LAND
DEDICATED FOR HIGHWAY PURPOSES AND THE POINT OF
BEGINNING, IN COOK COUNTY, ILLINOIS .
SAID PARCEL CONTAINING 87 . 63 ACRES MORE OR LESS
Section 3 . That the City Council of the City of Elgin hereby
grants the rezoning of the Subject Property from "GI General
Industrial District" to "PGI Planned General Industrial District" ,
which shall be designed, developed, and operated subject to the
following provisions :
A. Purpose and Intent. 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" .
B. Supplementary Regulations. Any word or phrase contained
herein, followed by the symbol " [SRI " shall be subject to
the definitions and the additional interpretive
requirements provided in Chapter 19 . 90, "Supplementary
Regulations" , of the Elgin Municipal Code, as amended.
The exclusion of such symbol shall not exempt such word
or phrase from the applicable supplementary regulation.
C. General Provisions. In this PGI District, the use and
development of land and structures shall be subject to
the provisions of Chapter 19. 05, "General Provisions" , of
the Elgin Municipal Code, as may be amended from time to
time .
D. Zoning Districts - Generally. In this PGI-Planned
General Industrial District, the use and development of
land and structures shall be subject to the provisions of
Chapter 19 . 07, "Zoning Districts" , as may be amended from
time to time .
E. Location and Size of District. PGI-Planned General
Industrial Districts should be located in substantial
conformance to the official comprehensive plan. The
amount of land necessary to constitute a separate PGI
District exclusive of rights of way, but including
adjoining land or land directly opposite a right of way
shall not be less than two acres, unless such land is
located between any nonresidential zoning district, and
any residence district or an residence conservation
district, which all have frontage on the same block. No
departure from the required minimum size of a PGI
District shall be granted by the City Council .
F. Land Use. In this PGI Planned General Industrial
District, the use and development of land and structures
shall be subject to the provisions of Chapter 19 . 10,
"Land Use" . The following enumerated "land uses" [SR]
shall be the only land uses allowed as a "permitted use"
[SR] , as a "conditional use" [SR] , or as a "similar use"
[SR] in this PGI-Planned General Industrial District .
1. Permitted Uses. The following enumerated "land
uses" shall be the only "land uses" allowed as a
permitted use in this PGI Planned General Industrial
District :
Municipal Services Division.
1 . "Municipal Facilities" [SR] (UNCL)
Offices Division.
2 . "Offices" [SR] (UNCL) .
Finance, Insurance, and Real Estate Division.
3 . "Development sales offices" [SR] (UNCL) .
4 . Finance, insurance and real estate (H) .
Services Division.
5 . Advertising (731) .
6 . Armored car service (7381) .
7 . "Bed and breakfast inns" [SR] (7011) .
8 . Carpet and upholstery cleaning agents without
plants on the premises (7217) .
9 . Carpet or rug cleaning, dying, and/or repairing
plants (7217) .
10 . Commercial, economic, sociological, and
educational research (8732) .
11 . Commercial physical and biological research
(8731) .
12 . Computer programming, data processing, and other
computer related services (737) .
13 . Computer rental and leasing (7377) .
14 . Consumer credit reporting agencies, mercantile
reporting agencies, and adjustment and
collection agencies (732) .
15 . Detective and guard services (7381) .
16 . Dry cleaning plants (7216) .
17 . Electrical and electronic repair shops (7622) .
18 . Engineering, accounting, research, management,
and related services (87) .
19 . Home health care services (808) .
20 . "Hotels and motels" [SR] (701) .
21 . Industrial launderers (7218) .
22 . Job training and vocational rehabilitation
services (833) .
23 . Legal services (811) .
24 . Libraries (823) .
25 . Linen supply (7213) .
26 . Mailing, reproduction, commercial art and
photography, and stenographic services
(733) .
27 . Management and public relations services (874) .
28 . Medical and dental laboratories (807) .
29 . Membership organizations (86) .
30 . Miscellaneous equipment rental and leasing
(735) .
31 . Motion picture distribution and allied services
(782) .
32 . Motion picture production and allied services
(781) .
33 . Motor vehicle repair shops [SR] (753) .
34 . Motor vehicle top, body and upholstery repair
rft shops, and paint shops [SR] (7532) .
35 . News syndicates (7383) .
36 . Noncommercial research organizations (8733) .
37 . Offices and clinics of dentists (802) .
38 . Offices and clinics of doctors of medicine
(801) .
39 . Offices and clinics of doctors of osteopathy
(803) .
40 . Offices and clinics of other health
practitioners (804) .
41 . Other schools and educational services (829) .
42 . Outdoor advertising services (7312) .
43 . Personnel supply services (736) .
44 . Photofinishing laboratories (7384) .
45 . Physical fitness facilities (7991) .
46 . Power laundries (7211) .
47 . Professional sports operators and promoters
(7941) .
48 . Refrigerator and air conditioning service and
repair (7623) .
49 . Rental of dogs for protective service (7381) .
50 . Reupholstery and furniture repair (764) .
51 . Security systems services (7382) .
52 . Services to dwellings and other buildings (734) .
53 . Tax return preparation services (7291) .
54 . Testing laboratories (8734) .
55 . Theatrical producers (792) .
56 . Truck route laundry and dry cleaning not
operated by laundries or cleaners (7212) .
57 . Vocational schools (824) .
58 . Watch, clock, and jewelry repair (763) .
59 . Welding repair (7692) .
Retail Trade Division.
60 . Auction rooms (5999) .
61 . Automatic merchandising machine operators
(5962) .
62 . Catalog and mail order houses (5961) .
63 . Direct selling establishments (5963) .
Agricultural Division.
64 . Crop services (072) .
65 . Farm labor and management services (076) .
66 . Landscape counseling and planning (0781) .
67 . Lawn and garden services (0782) .
68 . Ornamental shrub and tree services (0783) .
69 . Soil preparation services (071) .
Surface Mining Division
70 . Surface Mining (as hereafter defined) without
the use of blasting. "Surface Mining" shall
mean and include commercial mining operations,
including (i) the extraction of sand, gravel,
topsoil or other aggregates (collectively the
"Minerals") by removing the overburden lying
above the natural deposits thereof, and
extracting directly from the natural deposits
thereby exposed, (ii) the screening,
crushing, grinding, mixing, washing, storage
and sale of the Minerals, (iii) the crushing,
recycling and resale of imported concrete and
asphalt (iv) reclamation through the use of
clean construction and demolition debris (as
defined by 415 ILCS 5/3 . 160 as amended from
time to time of the Illinois Environmental
Protection Act) , and (v) the operation and
construction of all buildings, structures,
conveyors and other equipment or improvements
necessary to accomplish any of the foregoing.
Construction Division.
71 .Building construction - general contractors and
operative builders (15) .
72 . Construction - special trade contractors (17) .
tow 73 . "Contractor' s office and equipment areas" [SR]
(UNCL) .
74 . Heavy construction - contractors (16) .
74A. Concrete ready-mix plant or batch-plant .
Manufacturing Division.
75 .Apparel and other finished products made from
fabrics and similar materials (23) .
76 . Computer and office equipment (357) .
77 .Electronic and other electrical equipment and
components (3 6) .
78 . Fabricated metal products (34) .
7 9 . Furniture and fixtures (2 5) .
80 . Industrial and commercial machinery and
equipment (35) .
81 . Leather and leather products (31) .
82 . Lumber and wood products (24) .
83 .Measuring, analyzing, and controlling
instruments; photographic, medical, and optical
goods; and watches and clocks (38) .
84 . Primary metal industries (33) .
85 . Printing, publishing, and allied industries
(27) .
86 . Rubber and miscellaneous plastics products (30) .
87 . Stone, clay, glass and concrete products (32) .
88 . Textile mill products (22) .
89 . Tobacco products (21) .
90 . Transportation equipment (37) .
Wholesale Trade Division.
91 . Apparel piece goods and notions (513) .
92 . Beer, wine and distilled alcoholic beverages
(518) .
93 . Chemicals and allied products (516) .
94 .Drugs, drug proprietaries and druggists '
sundries (512) .
95 . Electrical goods (506) .
96 . Farm product raw materials (515) .
97 . Furniture and home furnishings (502) .
98 . Groceries and related products (514) .
99 . Hardware, and plumbing and heating equipment and
supplies (507) .
100 . Lumber and other construction materials (503) .
101 . Machinery, equipment, and supplies (508) .
102 . Metals and minerals, except petroleum (505) .
103 . Motor vehicles and motor vehicle parts and
supplies (501) .
104 . Paper and paper products (511) .
105 . Petroleum and petroleum products (517) .
106 . Professional and commercial equipment and
supplies (504) .
107 .Outdoor Recycling center (5093) , for the
em. recycling of concrete. The recycling of
concrete shall include the crushing, recycling,
and resale of imported concrete and asphalt .
108 . "Recycling collection center" [SR] (5093) .
Transportation, Communication and Utilities
Division.
109 . "Amateur radio antennas" [SR] (UNCL) .
110 . Arrangement of passenger transportation (472) .
111 . Arrangement of transportation of freight and
cargo (473) .
112 . Branch United States post offices (4311) .
113 . Bus charter service operators offices
(414) .
114 . Cable and other pay television services (484) .
115 . Communication services not elsewhere classified
(489) .
116 . "Commercial antennas and antenna structures
mounted on existing structures" [SR] (UNCL) .
117 . "Commercial Antenna Tower" [SR] (UNCL) .
118 . Courier services (4215) .
119 . Freight forwarding in general (4731) .
120 . Intercity and rural bus transportation
operators ' offices (413) .
121 . Local and suburban passenger transportation
operators ' offices (411) .
122 . Natural gas transmission and distribution (4922)
(4924) .
tow 123 . Packing and crating (474) .
124 . Public warehousing and storage (422) .
125 . "Radio and television antennas" [SR] (UNCL) .
126 . Radio and television broadcasting stations
(483) .
127 . Railroad operators ' offices (401) .
128 . Railroad stations (401) .
129 . "Satellite dish antennas" [SR] (UNCL) .
130 . School bus operators ' offices (415) .
131 . Taxicab operators ' offices (412) .
132 . Telegraph and other message communications
(482) .
133 . Telephone communications (481) .
134 . "Treatment, transmission and distribution
facilities : poles, wires, cables, conduits,
laterals, vaults, pipes, mains and valves" [SR]
(UNCL) .
135 . Trucking services (421) .
Miscellaneous Uses Division.
136 . Omitted.
137 . "Commercial operations yards" [SR] (UNCL) .
138 . "Fences and walls" [SR] (UNCL) , including a six
foot high wrought iron fence in the street yard
and a 10 foot high wall in the street yard and
interior yards .
139 . "Loading facilities" [SR] (UNCL) , exclusively
"accessory" [SR] to a permitted use allowed in
the GI General Industrial District, subject to
the provisions of Chapter 19 . 47, "Off Street
Loading" .
140 . "Motor vehicle impoundment yard" [SRI (UNCL) .
141 . "Parking lots" [SR] (UNCL) , exclusively
"accessory" [SR] to a permitted use allowed in
the GI General Industrial District, subject to
the provisions of Chapter 19 .45, "Off Street
Parking" .
142 . "Parking structures" [SR] (UNCL) , exclusively
"accessory" [SR] to a permitted use allowed in
the GI General Industrial District, subject to
the provisions of Chapter 19 .45, "Off Street
Parking" .
143 . Portable toilets, subject to the required
building setbacks of this zoning district .
144 . "Refuse collection area" [SR] .
145 . "Signs" [SR] (UNCL) , subject to the provisions
of Chapter 19 . 50, "Signs" .
146 . "Storage Tanks" [SR] (UNCL) .
147 . "Temporary uses" [SR] (UNCL) .
148 .Temporary modular buildings not requiring the
installation of municipal water and sanitary
sewer services .
149 . "Accessory structures" [SR] (UNCL) to the
permitted uses allowed in the GI General
Industrial District, subject to the provisions
of Section 19 . 12 . 500, "Accessory Structures and
Buildings" .
150 . "Accessory uses" [SR] (UNCL) to the permitted
uses allowed in the GI General Industrial
District to the provisions of Section 19. 10 .400,
"Component Land Uses" .
Special Auto Auction Division:
151 . The sale of intact motor vehicles . The vehicles
stored on site for sale shall generally fit the
following main categories :
(i) they will have been damaged by accident,
hail , flood, fire or other casualty; or
(ii) they will be damaged or undamaged
vehicles which have been acquired by
insurance companies as a result of theft
claims paid by them; or
(iii) they will be damaged or undamaged
vehicles which have been repossessed by
lenders .
Approximately 75% to 90% of the vehicles from
time to time on hand will not be operable.
None of the vehicles will be repaired,
assembled, disassembled, stacked, stripped
for parts, or otherwise altered on the
Subject Property. Instead, the vehicles
shall be held and re-sold in an intact
condition.
The vehicles may be sold via auction or other
means to licensed dealers and commercial
buyers .
The vehicles shall be permitted to be stored /
parked outside in the fenced commercial
operations yard pending sale .
Subterranean Division:
elk (As used herein the term "Subterranean" shall
mean activities or improvements taking place
approximately two hundred fifty (250) feet or
more below the surface of the Subject
Property. )
152 . Subterranean Mining. Subterranean Mining.
As used herein "Subterranean Mining" shall
mean the conduct, at depths not less than
approximately 250 feet below the surface of
the ground, of mining and removal of
limestone, galena, gravel, sand and other
minerals (collectively "Resources" ) , via
blasting and other means, and, as incidental
or accessory operations to the foregoing or
in connection therewith(i) the stockpiling
and sale, at wholesale or retail , of the
Resources; (ii) the screening, crushing,
mixing, washing, grinding and storage of the
Resources in connection with the preparation
of the same for sale; Resources (iii) the
construction, maintenance and operation of
such buildings, structures, conveyors, and
other moveable and immovable equipment
necessary to carry out the foregoing,
including underground passages, shafts or
entries through, to and from other mines and
lands adjacent to or on the property, (iv)
r the storage of explosives and such other
equipment necessary to carry out the mining,
(v) the establishment of subterranean
offices, equipment storage and equipment
repair facilities, and (vi) the establishment
on the surface of secondary processing
equipment, stockpiles of processed Resources,
and scales and offices used in connection
with the sale of such Resources . Blasting on
the surface shall be permitted only to the
extent required to construct the "portal"
leading from the surface to the subterranean
mining operation.
153 . The establishment of facilities and the conduct
of activities on the surface of the Subject
Property to support any Subterranean Mining
taking place beneath the surface of (i) the
Subject Property or (ii) adjacent property
owned by the Owner, including, without
limitation, ventilation shafts, access portals,
surface processing and stockpiling equipment,
and sales building, scales and the like used
for the sale of materials obtained through the
rft conduct of Subterranean Mining.
154 . All other uses listed in the foregoing Section
F. , 1 .
Surface Support for Subterranean Mining Division.
155 . The establishment on the surface of the
Subject Property of facilities, and the
conduct of activities, reasonably required or
otherwise customarily used to support any
Subterranean Mining (as herein defined)
taking place beneath the surface of (i) the
Subject Property or (ii) adjacent property
owned by the Owner or its affiliates,
including, without limitation, ventilation
shafts, access portals, surface processing
and stockpiling equipment, and sales
building, scales and the like used for the
sale of materials obtained through the
conduct of Subterranean Mining.
2 . Conditional Uses. The following enumerated
"land uses" shall be the only "land uses" allowed as
a conditional use in this PGI Planned General
Industrial District unless classified as a
"permitted use" in Section 1 above :
Municipal Services Division.
/.. 1 . "Municipal facilities" [SR] (UNCL) on a zoning
lot containing less than two acres of land.
Public Administration Division.
2 . Public administration (J) on a zoning lot
containing less than two acres of land.
Services Division.
3 . Automobile proving and testing grounds (8734) .
4 . Child day care services (835) .
5 . Individual and family social services (832) .
Retail Trade Division.
6 . Carryout restaurants (5812) .
7 . Drinking places (alcoholic beverages) (5813) .
8 . Eating places (5812) .
9 . "Outdoor eating and drinking facilities" [SR]
(UNCL) .
Construction Division.
10 . Asphalt plant located no closer than 500 feet
west of the easterly boundary of the Subject
Property.
Manufacturing Division.
11 . Chemicals and allied products (28) .
12 . Food and kindred products (20) .
13 . Paper and allied products (26) .
14 . Petroleum refining and related industries not
elsewhere classified herein (29) .
15 . Asphalt manufacturing (29) on Parcel DB subject
to the condition that such facility be located a
minimum of 500 feet from Gifford Road, and 500
feet from the east property line of the E,J, & E
Railroad.
Wholesale Trade Division.
16 . "Motor vehicle recycling facility" [SR] (5093) .
17 . "Motor vehicle recycling yard" [SR] (5093) .
18 . "Recycling center" [SR] (5093) .
19 . "Recycling center yard" [SR] (5093) .
Transportation, Communication and Utilities
Division.
20 . "Conditional commercial antennas and antenna
structures mounted on existing structures" [SR]
(UNCL) .
21 . "Conditional Commercial Antenna Tower" [SR]
(UNCL) .
22 . Heliports (458) .
eft. 23 . Mixed, manufactured or liquefied petroleum gas
production or distribution (4925) .
24 . Natural gas storage .
25 . "Other radio and television antennas" [SR]
(UNCL) .
26 . "Other satellite dish antennas" [SR] (UNCL) .
27 . Pipelines, except natural gas (461) .
28 . Railroad tracks (401) .
29 . Refuse systems (4953) .
30 . Terminal maintenance for motor freight
transportation (423) .
31 . "Treatment, transmission and distribution
facilities : equipment, equipment buildings,
towers, exchanges, substations, regulators"
[SR] (UNCL) .
32 . Water transportation (44) .
Miscellaneous Uses Division.
33 . "Master signage plan" [SR] , subject to the
provisions of Chapter 19 . 50, "Signs" .
34 . "Parking lots" [SR] (UNCL) , subject to the
provisions of Chapter 19 . 45, "Off Street
Parking" .
35 . "Parking structures" [SR] , subject to the
"� provisions of Chapter 19 .45, "Off Street
Parking" .
36 . "Planned developments" [SR] (UNCL) on a zoning
lot containing less than two acres of land,
subject to the provisions of Chapter 19 . 60,
"Planned Developments" .
37 . "Accessory structures" [SR] (UNCL) to the
conditional uses allowed in the GI General
Industrial District, subject to the
provisions of Section 19 . 12 . 500, "Accessory
Structures and Buildings" .
38 . "Accessory package liquor sales establishment"
(SR) (UNCL) .
39 . "Accessory uses" [SR] (UNCL) to the conditional
uses allowed in the GI General Industrial
District, subject to the provisions of
Section 19 . 10 .400, "Component Land Uses" .
Subterranean Division:
40 . All of the conditional uses listed as items 1
through 39, inclusive, of this section
F. - 2 .
3 . Similar Uses. The following enumerated land uses
shall be subject to classification as a permitted
use or as a conditional use in this PGI-Planned
emb. General Industrial District or in a less restrictive
zoning district, pursuant to Section 19 . 10 .400 H.
Services Division.
1 . Automotive services (7549) .
2 . Business services not elsewhere classified
(7389) .
3 . Laundry and garment services not elsewhere
classified (7219) .
4 . Miscellaneous health and allied services not
elsewhere classified (809) .
5 . Miscellaneous personal services not elsewhere
classified (7299) .
6 . Miscellaneous repair shops and related services
(769) .
7 . Services not elsewhere classified (899) .
8 . Social services not elsewhere classified (839) .
Manufacturing Division.
9 . Miscellaneous manufacturing industries not
elsewhere classified (39) .
Wholesale Trade Division.
10 . Miscellaneous durable goods not elsewhere
classified (509) .
11 . Miscellaneous nondurable goods not elsewhere
classified (519) .
Transportation, Communication and Utilities
Division.
12 . Special warehousing and storage not elsewhere
classified (4226) .
13 .Transportation services not elsewhere
classified (4789) .
G. Site Design. In this PGI-Planned General Industrial
District, the use and development of the Subject Property
and all structures (if any) thereon shall be subject to
the provisions of Section 19 . 12 , "Site Design" , of the
Elgin Municipal Code, as amended. In this PGI Planned
General Industrial District, the use and development of
land and structures, and the location of land uses shall
be subject to the following conditions :
1. In connection with, and as a condition to the
establishment the Subject Property of the
permitted use itemized as number 151 on Schedule A
(the "Auto Auction Use" ) , (i) the perimeter of the
commercial operations yard thereby established
shall be designed and landscaped in substantial
conformity to the requirements of City of Elgin
rOrdinance [G -03] pertaining to the same use for
the land situated immediately north of the Subject
Property and (ii) the easterly and southerly
boundaries of the property used for such Auto
Auction Use shall be landscaped consistent with
the Auto Auction Facility on Area A to the North .
2 . There shall be no surface blasting except in
connection with the establishment of a new portal
for Subterranean Mining.
3 . Stormwater runoff from the establishment of the
permitted use listed as item 151 shall be filtered
on site, through the use of best management
practices .
4 . All vehicles brought onto the property for re-sale
as part of the use enumerated as permitted use item
151 shall be inspected for fluid leaks upon being
accepted at the facility in accordance with the
standard corporate inspection procedures of the
operator of such facility.
5 . The owner shall restore the property to match
adjoining grades after the completion of mining
activities on site .
6 . In connection with any Surface Mining, dust control
shall be provided on all piles of material, mines,
and scales in accordance with the Dust Suppression
Program Summary attached to the letter from Dean W.
Kelley, to Mark Biernacki, dated May 14, 2003 .
7 . The owner shall install a right turn lane with
adequate tapers at the intersection of Bluff City
Boulevard and US Route 20 if the full intersection
improvements of said intersection are not complete
by December 31, 2007 .
8 . The owner shall, within 90 days of the date hereof,
submit to the City and to all other governmental
entities having jurisdiction with respect thereto,
plans for the construction of those improvements
(collectively the "Gifford Road Improvements" ) to
(i) Gifford Road and (ii) the Gifford Road / Bluff
City Boulevard intersection. Following the receipt
of all permits required for the construction of the
Gifford Road Improvements, the Owner shall commence
and diligently pursue to completion all of the
Gifford Road Improvements at the Owner' s expense.
er. 9 . This ordinance shall not become effective until
such time as there shall have been executed a
certain Development Agreement between the City,
Bluff City Materials, Inc . , Gifford 300 LLC, and
Copart, Inc . Notwithstanding the foregoing, the
City may, in writing, waive the provisions of this
paragraph 7 .
10 . Compliance with all other applicable codes and
ordinances .
For any land use other than the uses enumerated as items 70,
151, 152 and 153 in Section F-1 above, the use and development
of the Subject Property shall also be in conformance with the
following additional provisions :
A. Zoning Lots - Generally. In the GI zoning district,
"zoning lots" [SR] shall be subject to the provisions
of Section 19 . 12 . 300, "Zoning Lots" - Clarifications and
Exceptions .
B. Lot Area. In the GI zoning district, the minimum
required "zoning lot area" [SR] shall be as follows :
1. Limited Access Street. Where a zoning lot has
frontage on a "limited access street" [SR] , the
minimum required lot area shall be 80, 000 square
feet .
2 . Arterial Street. Where a zoning lot has
frontage on an "arterial street" [SR] , the minimum
required lot area shall be 60, 000 square feet .
3 . Collector Street. Where a zoning lot has
frontage on a "major collector street" [SR] , a
"collector street" [SR] , or a "local street" [SR] ,
the minimum required lot area shall be 40, 000
square feet .
C. Lot Width. In the GI district, the minimum required lot
width for a zoning lot shall be as follows :
1. Limited Access Street. Where a zoning lot has
frontage on a "limited access street" [SR] , the
minimum required lot width shall be 200 linear
feet .
e" 2 . Arterial Street. Where a zoning lot has
frontage on an "arterial street" [SR] , the minimum
required lot width shall be 160 linear feet .
3 . Collector Street/Local Street. Where a zoning
lot has frontage on a major collector street, a
collector street or a local street, the minimum
required lot width shall be 125 linear feet .
D. Setbacks - Generally. In the GI district, "setbacks"
[SR] shall be subject to the provisions of Section
19 . 12 .400 , "Setbacks- Clarifications and Exceptions" .
E. Setbacks by Lot Line. In the GI district, the minimum
required "building" [SR] "setbacks" [SR] and "vehicle
use area setbacks" [SR] from a "lot line" [SR] for a
zoning lot shall be as follows :
1. Building Setbacks.
a. Street Setback. Street setbacks shall be as
follows :
(1) Limited Access Street/Arterial Street.
Where a zoning lot has frontage on a
limited access street or on an arterial
street, the minimum required building
setback from a "street lot line" [SR]
shall be 50 linear feet, or the street
setback shall be as required in Section
19 .40 . 335 E. , 1 . , a. , (4) "Street Setback
Exception" , whichever is greater.
(2) Collector Street. Where a zoning
lot has frontage on a major collector
street or on a collector street, the
minimum required building setback from a
street lot line shall be 35 linear feet,
or the street setback shall be as
required in Section 19 .40 .335 E. , 1 . , a. ,
(4) "Street Setback Exception" , whichever
is greater.
(3) Local Street. Where a zoning lot has
frontage on a local street, the minimum
required building setback from a street
lot line shall be 25 linear feet, or the
street setback shall be as required in
Section 19 .40 . 335 E. , 1 . , a. , (4) "Street
Setback Exception" , whichever is greater.
(4) Street Setback Exception. The minimum
required building setback from a street
lot line shall be subject to the street
setback required in this section, where
the minimum required building setback
from a street lot line for a limited
access street, an arterial street, a
major collector street, a collector
street, or a local street is less than
required by the following calculation:
Street setback (StS) in linear feet shall
equal the area of a zoning lot (ZLA) in
square feet minus 40, 000 square feet; the
difference times . 000010658 ; the product
plus 25 linear feet . Minimum street
setback can be expressed by the following
"site capacity formula" [SR] : StS =
[ (ZLA - 40, 000) x . 000010658] + 25 .
b. Interior Setback. The minimum required
building setback from an "interior lot line"
[SR] shall be calculated as follows :
Interior setback (IS) in linear feet shall
equal the area of a zoning lot (ZLA) in square
feet minus 40, 000 square feet ; the difference
times . 000004633 ; the product plus 20 linear
feet . Minimum interior setback can be
e"` expressed by the following "site capacity
formula" [SR] : IS = [ (ZLA - 40 , 000) x
. 000004633) + 20 .
c. Transition Setback. The minimum required
building setback from a "transition lot line"
[SR] shall be calculated as follows :
Transition setback (TS) in linear feet shall
equal the area of a zoning lot (ZLA) in square
feet minus 40, 000 square feet; the difference
times . 000023169; the product plus 100 linear
feet . Minimum transition setback can be
expressed by the following "site capacity
formula" [SR] : TS = [ (ZLA - 40, 000) x
. 000023169] + 100 . Additionally, for each
linear foot of "building height" [SR] over 20
linear feet, two linear feet shall be added to
the minimum required building setback from a
transitional lot line .
2 . Vehicle Use Area Setbacks by Lot Line. In the GI
district, the minimum required "vehicle use area
setbacks" [SR] for a zoning lot shall be as
follows :
a. Street Setback. For zoning lots with a
"vehicle use area" [SR] , the minimum required
vehicle use area setback from a street lot
line shall be calculated as follows :
Vehicle use area street setback (VUAStS) in
linear feet shall equal the area of a zoning
lot (ZLA) minus 40, 000 square feet; the
difference times . 000003475; the product plus
15 linear feet . Minimum vehicle use area
street setback can be expressed by the
following "site capacity formula" [SR] : VUAStS
= [ (ZLA - 40 , 000) x . 000003475] + 15 .
b. Interior Setback. For zoning lots with a
vehicle use area, the minimum required vehicle
use area setback from an interior lot line
shall be calculated as follows :
Vehicle use area interior setback (VUAIS) in
linear feet shall equal the area of a zoning
lot (ZLA) in square feet minus 40 , 000 square
feet ; the difference times . 000004402 ; the
product plus six linear feet . Minimum vehicle
use area interior setback can be expressed by
the following "site capacity formula" [SR] :
sek VUAIS = [ (ZLA - 40, 000) x . 000004402] +
F. Accessory Structures and Buildings. In the GI district,
"accessory structures and buildings" [SR] shall be
subject to the provisions of Section 19 . 12 . 500,
"Accessory Structures and Buildings" .
G. Yards - Generally. In the GI district, a "street yard"
[SR] , a "side yard" [SR] , a "rear yard" [SR] , or a
"transition yard" [SR] established by a required building
setback or by the actual location of a building shall be
subject to the provisions of Section 19 . 12 . 600,
"Obstructions in Yards" .
H. Landscape Yards. In the GI district, landscape yards
shall be as follows :
1. Transition Landscape Yards. A "transition
landscape yard" [SR] shall be provided adjoining
the entire length of a transition lot line .
Transition landscape yards shall be subject to the
provisions of Section 19 . 12 . 700, "Landscaping" .
The depth of the transition landscape yard shall be
one half of the required transition setback
calculated in Section 19 .40 . 335, E. , 1 . , c .
"Transition Setback" .
2 . Vehicle Use Area Landscape Yards. The yards
established by vehicle use area setbacks shall be
used as "vehicle use area landscape yards" [SR]
with the exception of access driveways as provided
in Section 19 .45 . 100, "Access Driveways to a Public
Right of Way" and Section 19 . 45 . 110, "Size of
Driveways" . Vehicle use area landscape yards shall
be subject to the provisions of Section 19 . 12 . 700,
"Landscaping" .
3 . Interior Landscape Yards. "Interior landscape
yards" [SR] shall be installed on a zoning lot
featuring a "vehicle use area" [SR] , which exceeds
5, 000 square feet in area, subject to the
provisions of Section 19 . 12 . 700, "Landscaping" .
I. Floor Area. In the GI district, the maximum "floor area"
for a zoning lot shall be calculated as follows :
Floor area (FA) in square feet shall equal the area of a
zoning lot (ZLA) in square feet minus 40, 000 square feet;
the difference times . 5963 ; the product plus 40, 000
square feet . Maximum floor area can be expressed by the
following "site capacity formula" [SR] : FA = [ (ZLA -
40, 000) x . 5963] + 40, 000 .
J. Building Coverage. In the GI district, the maximum
"building coverage" [SR] for a zoning lot shall be
calculated as follows :
Building coverage (BC) in square feet shall equal the
area of a zoning lot (ZLA) in square feet minus 40, 000
square feet; the difference times .4982 ; the product plus
28, 000 square feet . Maximum building coverage can be
expressed by the following "site capacity formula" [SR] :
BC = [ (ZLA - 40 , 000) x .4982] + 28, 000 .
L. Off Street Parking. In this PGI Planned General
Industrial District, off street parking shall be subject
to the provisions of Chapter 19 .45, "Off Street Parking" ,
of the Elgin Municipal Code, as amended.
M. Off Street Loading. In this PGI Planned General
Industrial District, off street loading shall be subject
to the provisions of Chapter 19 .47, "Off Street Loading" ,
as amended.
N. Signs. In this PGI Planned General Industrial District,
signs shall be subject to the provisions of 19 . 50,
"Signs" , as amended.
O. Planned Developments. In this PGI Planned General
Industrial District, the use and development of the land
and structures shall be subject to the provisions of
Chapter 19 . 60, "Planned Developments" , as amended.
P. Conditional Uses. In this PGI Planned General Industrial
District, application for conditional uses shall be
subject to the provisions of Chapter 19 . 65, "Conditional
Uses" , as amended.
Q. Variations. In this PGI Planned General Industrial
District, application for variation shall be subject to
the provisions of Chapter 19 . 70, "Variations" , as
amended.
R. Appeals. Any requirement, determination, or
interpretation associated with the administration and
enforcement of the provisions of this ordinance may be
appealed subject to the provisions of Chapter 19 . 75,
"Appeals" , as amended.
Section 4 . That in the event the ownership of the
Subject Property is at any time hereafter divided into parcels
of separate ownership, then the owner of each separate parcel
shall have the right to seek amendments to this ordinance
eft without the consent of the owner (s) of any other parcel, and
any such amendment shall only apply to the parcel of the owner
seeking such amendment .
Section 5 . That this ordinance shall be in full force
and effect immediately after its passage in the manner provided
by law.
E Sc oc , Mayor
Presented: June 25, 2003
Passed: June 25, 2003
Omnibus Vote : Yeas : 7 Nays : 0
Recorded: June 26, 2003
Published:
Attest :
R‘9614-1"&,
Dolonna Mecum, Ci y Clerk
U5�-o3
May 19, 2003
FINDINGS OF FACT
Planning and Development Commission City of Elgin,Illinois
SUBJECT
Consideration of Petition 23-03 Requesting a Map Amendment from GI General Industrial District
to PGI Planned General Industrial District to Permit the Establishment of Wholesale Automobile
Sales, a Commercial Operations Yard for the Storage of Inoperable Motor Vehicles, Surface and
Subterranean Mining, and Concrete Recycling; and Requesting_Conditional Use Approval for
Asphalt Manufacturing;and to Permit the Construction of a New Building in the ARC Arterial Road
Corridor Overlay District; Property Located at 1475 Villa Street, By Bluff City Materials, as
Applicant, and Bluff City Materials and Gifford 300, L.L.C., as Owners
BACKGROUND
Requested Action: Map Amendment
Current Zoning: GI General Industrial District
Proposed Zoning: PGI Planned General Industrial District
Intended Uses: Wholesale Automobile Sales and Commercial Operations Yard
Surface Mining and Subterranean Mining
Concrete Recycling and Asphalt Manufacturing
Property Location: 1475 Villa Street
Applicant: Bluff City Materials
Owners: Bluff City Materials
Gifford 300, L.L.C.
Staff Coordinator: Lauren Pruss, Planner
LIST OF EXHIBITS
A. Location Map (see attached)
e" B. Zoning Map (see attached)
C. Parcel Map (see attached)
Exhibit A
4
Findings of Fact Planning and Development Commission
Petition 23-03 May 19,2003
D. Aerial Map (see attached)
E. Site Photos (see attached)
F. Draft PGI Ordinance (see attached)
G. Development Application Binder (see attached)
BACKGROUND
An application has been filed by Bluff City Materials requesting a Map Amendment from GI General
Industrial District to PGI Planned General Industrial District to permit the establishment of
wholesale automobile sales, a commercial operations yard for the storage of inoperable motor
vehicles, surface and subterranean mining, and concrete recycling; and requesting conditional use
approval for asphalt manufacturing; and to permit the construction of a new building in the ARC
Arterial Road Corridor Overlay District(reference Exhibits A,B, C,D, and E).
The subject property contains 347 acres and is currently being mined for mineral deposits along with
a concrete recycling facility. The developer is proposing to make these uses a permitted use at the
subject property, and also wishes to expand these uses to include asphalt manufacturing and
subterranean mining. In addition,the applicant proposes to establish a wholesale automobile sales
facility on the portion of the property which has been reclaimed from prior surface mining. This
facility would be operated by Copart,Inc.,currently located on the north side of Bartlett Road,west
of Route 59. The proposed facility would be located in the northeasterly portion of the site near Villa
Street,and would encompass the construction of a new building and accessory parking lots,and the
establishment of a commercial operations yard for the storage of inoperable vehicles. The applicant
also intends to reserve land for a future METRA commuter station(reference Exhibit F).
The zoning ordinance requires that all new buildings over 1,000 square feet which are located on an
arterial road obtain planned development approval. In addition, the proposed surface and
subterranean mining are not listed as permitted uses in the GI General Industrial District, asphalt
manufacturing and concrete recycling are classified as conditional uses,and the storage of inoperable
motor vehicles is not permitted within a commercial operations yard. Accordingly,the applicant is
requesting approval of a planned development to permit the use of the property as proposed.
ITEM WORTHY OF NOTE
The subject property is part of a larger development plan encompassing land located within both the
City of Elgin and the Village Bartlett. As part of the proposed development,the City has negotiated
r'` the receipt of host fees and royalties payable to the City during the length of operations of the
proposed land uses. As defined within the development agreement,the City is to receive a host fee
of$2.00 per car sold during the operation of the Copart facility. Additionally, the City will share
with the Village of Bartlett a royalty of 1 1/2% of the proceeds from the sale of the limestone
2
Findings of Fact Planning and Development Commission
Petition 23-03 May 19,2003
extracted from the subterranean mining effort. Over a fifty year time period,it is estimated that this
combined host fee/royalty payment will amount to$17 million to the City of Elgin. Accordingly,the
development of the subject property will be conditioned upon the approval of an intergovernmental
agreement between the City and the Village of Bartlett, as well as the approval of a development
agreement between the City and the Applicant.
FINDINGS
The Planning and Development Commission has made the following findings concerning the
standards for planned developments:
A. Site Characteristics Standard. The suitability of the subject property for the intended
zoning district with respect to its size, shape, significant natural features (including
topography, watercourse and vegetation), and existing improvements.
Findings. The subject property is suitable for the intended zoning district with respect to the
site characteristics standard.
/�► The subject property is an irregularly shaped parcel containing 347 acres of land. The
property is currently improved with a concrete access road,a storage yard surrounded by an
8' chain link fence, a metal shed, and concrete recycling equipment.
A large portion of the site has been subject to surface mining. The portion of the site subject
to the proposed Copart use has been partially reclaimed by filling of the mined area. Other
portions of the site have not been reclaimed, but have filled with water and become an 80
acre lake. The remaining portions of the property are undeveloped.
B. Sewer and Water Standard. The suitability of the subject property for the intended zoning
district with respect to the availability of adequate municipal water,wastewater treatment,
and storm water control facilities.
Findings. The subject property is suitable for the intended zoning district with respect to the
sewer and water standard.
The property will be served by municipal sanitary sewer, storm sewer, and water services.
C. Traffic and Parking Standard. The suitability of the subject property for the intended
zoning district 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 zoning district with respect to the
traffic and parking standard.
The subject property is located just south of the intersection of Bluff City Boulevard and US
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Findings of Fact Planning and Development Commission
Petition 23-03 May 19, 2003
Route 20. Bluff City Boulevard is a collector street serving the southeast side of the City.
US Route 20 is a regional arterial street serving the greater Chicago metropolitan area.
Parking will be provided in conformance with the off street parking ordinance.
D. Zoning History Standard. The suitability of the subject property for the intended zoning
district with respect to the length of time the property has remained undeveloped or unused in
its current zoning district.
Findings. The subject property is suitable for the intended zoning district with respect to the
length of time the property has remained undeveloped or unused in its current zoning district.
The subject property has been zoned as follows for the years listed:
1927: Out of City
1950: Out of City
1960: Out of City
1962: MI Limited Manufacturing District
M2 General Manufacturing District
1992: M1 Limited Manufacturing District
M2 General Manufacturing District
Present: GI General Industrial District
ARC Arterial Road Corridor Overlay District
The subject property was annexed and zoned M1 Limited Manufacturing District and M2
General Manufacturing District in 1962. The subject property has been used for surface
mining as a lawful nonconforming use since its annexation.
E. Surrounding Land Use and Zoning Standard. The suitability of the subject property for
the intended zoning district with respect to consistency and compatibility with surrounding
land use and zoning.
Findings. The subject property is suitable for the intended zoning district with respect to
consistency and compatibility with surrounding land use and zoning.
The areas to the north of the subject property are zoned GI General Industrial District, CI
Commercial Industrial District, and CF Community Facility District. The areas zoned
general industrial and commercial industrial are development with a mix of light and heavy
industrial uses. The area zoned CF is developed with a school, and with right of way and
open space associated with the US Route 20 corridor.
The Elgin,Joliet,and Eastern Railway is located to the east of the subject property. The area
further east is developed with the vacant Consolidated Freight Way property and with a
plumbing business. This area is zoned GI General Industrial District. The property just
south of this zoning district is located within the Village of Bartlett, and is zoned for future
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Findings of Fact Planning and Development Commission
Petition 23-03 May 19, 2003
residential use.
Immediately south of the property is the Milwaukee Railroad. The area further south is
zoned GI General Industrial District and is developed with a mix of industrial uses.
• The area to the west of the subject property is zoned CF Community Facility District and is
partially occupied by the Bluff Spring Fen. The remaining area is under ownership by the
Metropolitan Water Reclamation District and is currently undeveloped.
F. Trend of Development Standard. The suitability of the subject property for the intended
zoning district with respect to consistency with an existing pattern of development or an
identifiable trend of development in the area.
Findings. The subject property is suitable for the intended zoning district with respect to
consistency with an existing pattern of development or an identifiable trend within the area.
The subject property is located in an area developed with a mix of light and heavy industrial
uses, as well as nonconforming surface mining operations.
G. Zoning District Standard. The suitability of the subject property for the intended zoning
district with respect to conformance to the provisions for the purpose and intent, and the
location and size of a zoning district.
The purpose and intent of the 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 Office, Research, Industrial District. A PGI Planned
General Industrial District is most similar to,but departs from the standard requirements of
the GI General Industrial District. The PGI Planned Industrial District is subject to the
provisions of Chapter 19.60, Planned Developments.
In general, the purpose and intent of the provision for planned developments is to
accommodate unique development situations. For planned development districts, the
planned development should demonstrate the following characteristics:
1. An opportunity to realize a development of demonstrated need with respect to
the types of environment available to the public that would not be possible
under the strict application of the other chapters of this title.
2. A creative approach to the use of land and related improvements resulting in
better design and construction of aesthetic amenities.
3. The preservation of significant natural features including topography,
watercourses, wetlands, and vegetation.
rift
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 of Elgin
Comprehensive Plan. The ARC zoning district is a zoning overlay district,and accordingly,
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Findings of Fact Planning and Development Commission
Petition 23-03 May 19, 2003
ifigik
a property located within the district shall also be subject to the regulations of the underlying
zoning district in which it is located.
Findings. The subject property is suitable for the intended zoning district with respect to
conformance to the provision for the purpose and intent, and the location and size of a PGI
Planned General Industrial District and Arterial Road Corridor Overlay District.
The applicant has designed the land plan for these uses in a manner which places the use of
least intensity at the most visible portion of the site. Specifically,the Copart facility will be
located in the northernmost portion of the property. Additionally,the applicant has proposed
an 8 foot solid fence combined with berms and heavy landscaping along US Route 20 for
screening purposes. Finally,when considering the historic use of the property,and its current
condition, the proposed land uses will provide the City an opportunity to improve the
appearance of the site,while providing the applicant an opportunity to continue to mine the
land under the control of a reclamation plan.
H. Comprehensive Plan Standard. The suitability of the subject property for the intended
zoning district with respect to conformance to the goals, objectives, and policies of the
official comprehensive plan.
elk
Findings. The subject property is suitable for the intended zoning district with respect to the
Comprehensive Plan Standard.
The subject property is designated as "General Manufacturing," "Open Space," and
"Transportation Corridor" by the 1983 Comprehensive Plan. The proposed planned
development is not in conformance with the open space designation,but is in conformance
with the general manufacturing and transportation corridor designations. The open space
designation recognizes the existing quarry lake that the developer intends to reclaim. The
designation of transportation corridor recognized the City's plans during the 1980s to extend
Shales Parkway further south. These plans have since been abandoned. However, the
developer does intend on providing an internal road which will provide access to a future site
for a METRA commuter station.
Natural Preservation Standard. The suitability of the subject property for the intended
planned development with respect to the preservation of all significant natural features
including topography, watercourses,wetlands, and vegetation.
Findings. The subject property is suitable for the intended planned development with
respect to the Natural Preservation Standard.
The subject property has been heavily mined for many years. A noteable feature of the site is
eift the existence of a large quarry lake within the west portion of the site. The applicant's future
development plans for this portion of the property show this lake as a development site. This
will be accomplished through the reestablishment of the existing established grades on site
after the mining of the property. Few natural features currently exist on the property;
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Findings of Fact Planning and Development Commission
Petition 23-03 May 19,2003
however,it is important to consider the preservation of the land itself. Surface mining leaves
a dramatic impact on the land which,in the past,has not been reclaimed. The applicant has
agreed to match the surrounding grades within the vicinity of the mining with the intent to
provide land that can be developed at some point in the future. The proposed Copart facility
is an example of such a situation.
The applicant is also in discussions with the Illinois Department of Natural Resources to
assess what portions of the existing lake are to remain. This may be necessary to ensure that
the water supply to the Bluff Spring Fen remains uninterrupted.
J. Internal Land Use Standard. 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 internal land use standard.
No evidence has been submitted or found that the proposed planned development will be
located,designed,or operated in a manner that will exercise undue detrimental influence on
itself or surrounding property.
PLANNED DEVELOPMENT DEPARTURES AND EXCEPTIONS
A planned development may be granted certain departures from the normal standards,regulations,
requirements, and procedures of the Elgin Zoning Ordinance. The applicant is requesting the
following departures from the standard requirements of the GI General Industrial District:
1. 19.40.330 (A) Permitted Uses. hi the GI District, the proposed surface and subterranean
mining are not listed as permitted uses in the GI General Industrial District, and concrete
recycling is classified as a conditional use. The applicant is proposing to make these uses
permitted uses within this PGI District.
2. 19.90.015 Commercial Operations Yard. The regulations for commercial operations yards
do not permit the storage of inoperable motor vehicles within the yard. The applicant
proposes to store inoperable motor vehicles within the commercial operations yard until they
are sold at auction.
3. 19.90.015 Commercial Operations Yard(A). In the GI District,no commercial operations
yard shall be located within a required building setback from a street lot line. The applicant
is proposing to locate a commercial operations yard within 50 feet of the US Route 20 street
lot line. The required setback for a commercial operations yard from this property line is 207
feet.
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Findings of Fact Planning and Development Commission
Petition 23-03 May 19,2003
4. 19.90.015 Commercial Operations Yard(F). The regulations for commercial operations
yards require landscaping around all sides of the commercial operations yard. The minimum
required number of trees is one tree for every 50 feet of yard perimeter,and three shrubs for
every 10 feet of yard perimeter. The applicant is proposing one tree for every 100 feet of
yard perimeter, and 9 shrubs for every 100 feet of yard perimeter.
5. 19.90.015 Fences and Walls(A). In the GI District,fences are not permitted within a street
yard. The applicant is proposing a 9 foot security fence within a street yard. Additionally,an
existing 6 foot chain link fence surrounds the entire property and is located within a street
yard.
6. 19.90.015 Recycling Center Yard. In the GI District, no recycling center yard shall be
located within 1,000 feet of a residence district or a community facility district. The
applicant proposes to locate the concrete recycling yard no closer than 500 feet to Ryland
Homes residential district located to the east and within the Bartlett corporate limits,and no
closer than 500 feet to the Gifford Road right of way. A community facility district adjoins
the west line of the Gifford Road right of way.
' SUMMARY OF FINDINGS,UNRESOLVED ISSUES,AND ALTERNATIVES
The Planning and Development Commission has developed or identified the following findings,
unresolved issues, and alternatives:
A. Summary of Findings.
1. Positive Attributes. The applicant has designed the land plan for these uses in a
manner which places the use of least intensity at the most visible portion of the site.
Specifically, the Copart facility will be located in the northernmost portion of the
property. Additionally, the applicant has proposed an 8 foot solid fence combined
with heavy landscaping along US Route 20 for screening purposes. Finally,when
considering the historic use of the property, and its current condition, the proposed
land uses will provide the City an opportunity to improve the appearance of the site,
while providing the applicant an opportunity to continue to mine the land under the
control of a reclamation plan.
2. Comprehensive Plan. The subject property is designated as "General
Manufacturing," "Open Space," and "Transportation Corridor" by the 1983
Comprehensive Plan. The proposed planned development is not in conformance with
the open space designation, but is in conformance with the general manufacturing
and transportation corridor designations. The open space designation recognizes the
existing quarry lake that the developer intends to reclaim. The designation of
transportation corridor recognized the City's plans during the 1980s to extend Shales
Parkway further south. These plans have since been abandoned. However, the
developer does intend on providing an internal road which will provide access to a
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Findings of Fact Planning and Development Commission
Petition 23-03 May 19, 2003
future site for a METRA commuter station.
B. Summary of Unresolved Issues.
There are no unresolved issues.
C. Summary of Alternatives.
Other than an approval,a denial,or an approval with some combination of conditions,there
are no substantive alternatives.
RECOMMENDATION
The Planning and Development Commission hereby recommends the approval ofPetition 23-03. On
a motion to recommend approval, subject to the following conditions,the vote was four(4)yes and
one(1)no:
1. Substantial conformance to the Bluff City/Copart, Inc. Development Application,
dated April 1, 2003.
2. The Iandscaping proposed for the customer parking area is to be revised as
determined by the Community Development Group.
3. The owner shall restore the property to match adjoining grades after the completion
of mining activities.
4. The future asphalt manufacturing plant,and any concrete recycling activities shall not
be located within 500 feet of the eastern property line of the Elgin,Joliet,and Eastern
Railroad.
5. Dust control shall be provided on all piles of material, mines, and scales in
accordance with the Dust Suppression Program Summary attached to the letter from
Dean W. Kelley, to Mark Biernacki, dated May 14, 2003.
6. There shall be no surface blasting with exception to the establishment of a new portal
for subterranean mining.
7. The owner shall complete within a time frame as determined by the City Council,the
turn lane and widening improvements in accordance with the recommendations of the
Traffic Impact Analysis,prepared by Metro Transportation Group, and dated May 12,
2003.
8. The proposed landscaping and fencing for the easterly property line of the proposed
Copart parcel shall be provided along the easterly and southerly property lines of any
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Findings of Fact Planning and Development Commission
$40, Petition 23-03 May 19,2003
future expansion of the Copart facility.
9. Stormwater runoff shall be filtered on site, through the use of best management
practices.
10. All vehicles shall be inspected for fluid leaks upon being accepted by the Copart
facility, in accordance with standard corporate inspection procedures.
11. The applicant shall apply for an endangered species consultation with the Illinois
Department of Natural Resources.
12. The existing lake water levels and flow rates of Gifford Lake which are associated
with the 21 inch pipe discharge located under Gifford Road shall be identified, and
shall be used to identify adequate future flow rates to the Bluff Spring Fen.
13. The developer shall install a right turn lane with adequate tapers at the intersection of
Bluff City Boulevard and US Route 20 if the full intersection improvements of said
intersection are not complete by December 31, 2007.
I^ 14. Compliance with all other applicable codes and ordinances.
Therefore,the motion to recommend approval of Petition 23-03 was adopted.
ad_&
George Woir , Chairma r`
Planning a I Development Commission
2 � f
a en Pruss, Secretary
Planning and Development Commission
r
E
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