HomeMy WebLinkAboutG23-08 Ordinance No. G23-08
AN ORDINANCE
AMENDING PCF PLANNED COMMUNITY FACILITY DISTRICT
ORDINANCE NO. G42-05
(Judson University— 1151 North State Street)
WHEREAS,written application has been made to amend PCF Planned Community Facility
District Ordinance No. G42-05; and
WHEREAS,the Planning and Development Commission conducted a public hearing after
due notice by publication and has submitted its findings of fact and recommended approval; and
WHEREAS, the City Council of the City of Elgin concurs in the findings and
recommendation of the Planning and Development Commission.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section 1. That Ordinance No. G42-05 be and is hereby amended in its entirety as
hereinafter set forth in this ordinance.
Section 2. That the City Council of the City of Elgin hereby adopts the Findings of Fact,
dated March 3, 2008, 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 3. 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 PCF Planned Community Facility District
the following described property:
Parcel One:
That Part Of The South 1/2 Of Section 2,Township 41 North,Range 8 East Of The
Third Principal Meridian,Described As Follows: Beginning At The Intersection Of
The Center Line Of A Public Highway (Route No. 22) With The South Line Of
Section 2; Thence Northerly Along Said Center Line On A Curve To The Right
235.0 Feet;Thence North 31 Degrees,57 Minutes,0 Seconds East Along Said Center
Line 100.0 Feet; Thence North Along Said Center Line On A Curve To The Left
386.5 Feet;Thence North 16 Degrees,05 Minutes,0 Seconds East Along Said Center
Line 100.0 Feet; Thence Northerly Along Said Center Line On A Curve To The
Right 137.4 Feet;Thence South 65 Degrees, 59 Minutes,0 Seconds East 133.9 Feet;
Thence South 40 Degrees,09 Minutes,0 Seconds East 303.8 Feet;Thence South 84
Degrees, 49 Minutes, 0 Seconds East 397.7 Feet; Thence South 58 Degrees, 40
Minutes, 0 Seconds East 1043.88 Feet To The South Line Of Said Section; Thence
West Along Said South Line 1995.10 Feet To The Point Of Beginning;(Except That
Part Lying Westerly Of The Center Line Of The Highway As Originally Located);In
The City Of Elgin, Kane County, Illinois.
Parcel Two:
That Part Of The South 1/2 Of Section 2, Township 41 North, Range 8 East Of The
Third Principal Meridian, Described As Follows: Commencing At The Point Of
Intersection Of The Old Center Line Of State Bond Issue Route 22,Now State Route
No. 31, With The South Line Of Said Section 2;Thence East Along Said South Line
119.50 Feet To The Easterly Line Of State Bond Issue Route 22 As Established By
Instrument Dated April 12, 1957,And Recorded November 1, 1957 In Map Book 38,
Page 29 As Document 848175;Thence Northeasterly Along Said Easterly Line On A
Curve To The Right Having A Radius Of 2,610.89 Feet(The Chord Of Said Curve
Forms An Angle Of 69 Degrees, 47 Minutes, 0 Seconds To The Left With The
Prolongation Of The Last Described Course), A Distance Of 205.5 Feet; Thence
Northeasterly Along Said Easterly Line, Being Tangent To The Last Described
Curve, A Distance Of 316.89 Feet; Thence Northeasterly Along Said Easterly Line
On A Curve To The Left Having A Radius Of 4,986.15 Feet, A Distance Of 383.9
Feet For The Point Of Beginning; Thence Northeasterly Along Said Easterly Line,
Being Along A Curve To The Left Having A Radius Of 4,986.15 Feet,A Distance Of
230 Feet;Thence Northeasterly Along A Line That Forms An Angle Of 15 Degrees,
56 Minutes, 0 Seconds To The Right With The Prolongation Of The Chord Of The
Last Described Curve, A Distance Of 118.07 Feet; Thence Southeasterly Along A
Line That Forms An Angle Of 106 Degrees, 30 Minutes, 0 Seconds To The Right
With The Prolongation Of The Last Described Course, A Distance Of 196.82 Feet;
Thence Northeasterly At Right Angles To The Last Described Course,Being Parallel
With The Southeasterly Line Of Parcel No.N-4d-65.3 Acquired By The Illinois Toll
Highway Commission Through Proceedings Filed In The Circuit Court Of Kane
County As Case No. 57-305, A Distance Of 297.79 Feet; Thence Northwesterly At
Right Angles To The Last Described Course 246.52 Feet To The Southeasterly Line
Of Said Parcel No.N-4d-65.3;Thence Northeasterly Along Said Southeasterly Line,
Being At Right Angles To The Last Described Course, 227.97 Feet To The Most
Westerly Corner Of Riverside Manor, Unit No. 1, Being A Subdivision Of Part Of
Section 2, Township 41 North, Range 8 East Of The Third Principal Meridian;
Thence South 10 Degrees,44 Minutes, 0 Seconds East Along The Westerly Line Of
Said Riverside Manor, Unit No. 1, 554.15 Feet To The Southwest Corner Of Lot 9
Of Said Unit No. 1; Thence Easterly Along The Southerly Line Of Said Lot 9, 72
Feet; Thence South 10 Degrees, 44 Minutes, 0 Seconds East Parallel With The
Extension Of The Westerly Line Of Said Lot 9, 175 Feet; Thence Westerly Parallel
With The Southerly Line Of Said Lot 9, 72 Feet; Thence South 10 Degrees, 44
Minutes,0 Seconds East Along The Extension Of The Westerly Line Of Said Lot 9,
308.33 Feet;Thence North 58 Degrees,40 Minutes,0 Seconds West 24 Feet;Thence
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North 84 Degrees, 49 Minutes, 0 Seconds West 397.7 Feet; Thence North 40
Degrees, 09 Minutes, 0 Seconds West 303.8 Feet; Thence North 65 Degrees, 59
Minutes, 0 Seconds West 77.79 Feet To The Point Of Beginning; In The City Of
Elgin, Kane County, Illinois.
Parcel Three:
That Part Of The South Half Of Section 2,Township 41 North,Range 8 East Of The
Third Principal Meridian, Described As Follows: Commencing At The Point Of
Intersection The Center Line Of State Route No.31 With The South Line Of Said Of
Section; Thence Northerly Along Said Center Line On A Curve To The Right 235
Feet; Thence North 31 Degrees 57 Minutes East Along Said Center Line 100 Feet;
Thence Northerly Along Said Center Line On A Curve To The Left 386.5 Feet;
Thence North 16 Degrees 5 Minutes East Along Said Center Line 100 Feet;Thence
Northerly Along Said Center Line On A Curve To The Right 137.4 Feet; Thence
South 65 Degrees 59 Minutes East A Distance Of 56.11 Feet To The Easterly Line
Of State Bond Issue Route 22 (Federal Aid Route 23) By Document No. 848175;
Thence Northeasterly Along Said Easterly Line, Being Along A Curve To The Left
Having A Radius Of 4986.15 Feet(The Chord Of Said Curve Forms An Angle Of 97
Degrees 40 Minutes To The Left With The Prolongation Of The Last Described
Course), A Distance Of 230 Feet; Thence Northeasterly Along A Line That Forms
An Angle Of 15 Degrees 56 Minutes To The Right With The Prolongation Of The
Chord Of The Last Described Curve, A Distance Of 118.07 Feet For The Point Of
�w Beginning; Thence Southeasterly Along A Line That Forms An Angle Of 106
[ Degrees 30 Minutes To The Right With The Prolongation Of The Last Described
Course A Distance Of 196.82 Feet; Thence Northeasterly At Right Angle To The
Last Described Course;Being Parallel With The Southeasterly Line Of Parcel No.N-
4d-65.3 Acquired By The Illinois Toll Highway Commission Through Proceedings
Filed In The Circuit Court Of Kane County As Case No. 57-305, A Distance Of
297.79 Feet; Thence Northwesterly At Right Angle The Last Described Course, A
Distance Of 246.52 Feet To The Southeasterly Line Of Said Parcel No. N-4d-65.3;
Thence Southwesterly Along The Southeasterly Line Of Said Parcel No.N-4d-65.3 A
Distance Of 130.0 Feet; Thence Southwesterly, A Distance Of 175.0 Feet To The
Point Of Beginning, In The City Of Elgin, Kane County, Illinois.
Parcel Four:
Lot 4 Of Riverside Manor, Unit 1, Being A Subdivision Of Part Of Section 2,
Township 41 North, Range 8 East Of The Third Principal Meridian, In The City Of
Elgin, In Kane County, Illinois.
Parcel Five
The Westerly 72 Feet Of Lots 8 And 9 Of Riverside Manor, Unit 1, Being A
Subdivision Of Part Of Section 2, Township 41 North, Range 8 East Of The Third
Principal Meridian, In The City Of Elgin, In Kane County, Illinois.
Parcel Six:
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That Part Of The Southeast Quarter Of Section 2,Township 41 North,Range 8 East
Of The Third Principal Meridian, Described As Follows: Beginning At The
Southwest Corner Of Lot 9 Of Riverside Manor,Unit No. 1,Being A Subdivision Of
Part Of Section 2, Township 41 North, Range 8 East Of The Third Principal
Meridian;Thence Easterly Along The Southerly Line Of Lot 9 A Distance Of 72 Feet
To The Point Of Beginning;Thence South 10 Degrees 44 Minutes East Parallel With
The Westerly Line Extended Of Said Lot 9 A Distance Of 175 Feet;Thence Easterly
Parallel With The Southerly Line Of Said Lot 9, 171.33 Feet To The Westerly Line,
Extended Southerly,Of Tyler Lane,As Located Along The Easterly Line Of Said Lot
9; Thence Northerly Along Said Extended Westerly Line, On A Curve To The Left,
Having A Radius Of 1175.94 Feet A Distance Of 107.71 Feet To The Southerly Line
Of Said Unit No. l; Thence Westerly Along Said Southerly Line 58.05 Feet To An
Angle In Said Southerly Line; Thence Northerly At Right Angles To The Last
Described Course 66 Feet To The Southerly Line Of Said Lot 9; Thence Westerly
Along Said Southerly Line 129.96 Feet To The Point Of Beginning, (Except That
Part Of The Northwest 1/4 Of Section 2,Township 41 North, Range 8 East Of The
Third Principal Meridian, And Part Of Vacated Tyler Lane In Riverside Manor
Subdivision Unit 1, Being A Subdivision Of Part Of Said Section 2, Described As
Follows: Commencing At The Southwest Corner Of Lot 9 Of Said Riverside Manor
Unit No. 1;Thence North 86 Degrees 33 Minutes 00 Seconds East Along The South
Line Of Said Lot 9,A Distance Of 101.88 Feet For The Point Of Beginning;Thence
South 10 Degrees 37 Minutes 03 Seconds East 119.55 Feet; Thence South 58
Degrees 23 Minutes 10 Seconds East 51.72 Feet; Thence North 83 Degrees 1
Minutes 22 Seconds East 104.86 Feet To The West Line Of Lot 36 Of Riverside
Manor Unit 2, A Subdivision Of Section 2 Aforesaid; Thence North 06 Degrees 16
Minutes 07 Seconds West Along Said West Line 76.35 Feet To The Northwest
Corner Of Said Lot 36;Thence Northerly Along The Westerly Right Of Way Line Of
Tyler Lane Being On A Curve To The Left And Having A Radius Of 1175.94 Feet,
An Arc Distance Of 66.42 Feet To The Southeast Corner Of Lot 9 Aforesaid;Thence
South 86 Degrees 33 Minutes 00 Seconds West Along The South Line Of Said Lot,
150.08 Feet To The Point Of Beginning,In The City Of Elgin,Kane County,Illinois.
Parcel Seven:
That Part Of The Northwest 1/4 Of Section 2, Township 41 North,Range 8 East Of
The Third Principal Meridian,And Part Of Vacated Tyler Lane In Riverside Manor
Subdivision Unit 1, Being A Subdivision Of Part Of Said Section 2, Described As
Follows: Commencing At The Southwest Corner Of Lot 9 Of Said Riverside Manor
Unit No. 1;Thence North 86 Degrees 33 Minutes 00 Seconds East Along The South
Line Of Said Lot 9,A Distance Of 101.88 Feet For The Point Of Beginning;Thence
South 10 Degrees 37 Minutes 03 Seconds East 119.55 Feet; Thence South 58
Degrees 23 Minutes 10 Seconds East 51.72 Feet; Thence North 83 Degrees 11
Minutes 22 Seconds East 104.86 Feet To The West Line Of Lot 36 Of Riverside
Manor Unit 2, A Subdivision Of Section 2 Aforesaid; Thence North 06 Degrees 16
Minutes 07 Seconds West Along Said West Line 76.35 Feet To The Northwest
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Corner Of Said Lot 36;Thence Northerly Along The Westerly Right Of Way Line Of
Tyler Lane Being On A Curve To The Left And Having A Radius Of 1175.94 Feet,
An Arc Distance Of 66.42 Feet To The Southeast Corner Of Lot 9 Aforesaid;Thence
South 86 Degrees 33 Minutes 00 Seconds West Along The South Line Of Said Lot,
150.08 Feet To The Point Of Beginning,In The City Of Elgin,Kane County,Illinois.
Parcel Eight:
That Part Of The Southeast Fractional Quarter Of Section 2, Township 41 North,
Range 8 East Of The Third Principal Meridian,Described As Follows:Commencing
At The Southwest Corner Of Lot 9 Of Riverside Manor, Unit No. 1, Being A
Subdivision Of Part Of Section 2, Township 41 North, Range 8 East Of The Third
Principal Meridian; Thence South 10 Degrees 44 Minutes East Along The Westerly
Line Extended Southerly Of Said Lot 9,483.33 Feet;Thence Southeasterly Along A
Line Forming An Angle Of 47 Degrees 56 Minutes To The Left With The
Prolongation Of The Last Described Course, 1019.88 Feet To The South Line Of
Said Southeast Quarter For The Point Of Beginning; Thence Northwesterly Along
The Last Described Course 1019.88 Feet To The Westerly Line Extended Southerly
Of Said Lot 9; Thence North 10 Degrees 44 Minutes West Along Said Extended
Westerly Line 308.33 Feet To A Point 175 Feet Southerly Of The Southwest Corner
Of Said Lot 9; Thence Easterly Parallel With The Southerly Line Of Said Lot 9,
243.33 Feet To The Westerly Line Of Lot 36 Of Riverside Manor, Unit No. 2;
Thence South 5 Degrees 18 Minutes East Along The Westerly Line Of Said Lot 36,
/�► 27.78 Feet To An Angle Point In Said Line; Thence South 57 Degrees 41 Minutes
[ East Along The Southwesterly Line Of Said Lot 36, 143.37 Feet To An Angle Point
In Said Line; Thence North 80 Degrees 22 Minutes East Along The Southerly Line
And Southerly Line Extended Of Said Lot 36, 600.6 Feet To The Southeast Corner
Of Lot 40 Of Said Riverside Manor,Unit No.2;Thence North 9 Degrees 38 Minutes
West 190 Feet To The Northeast Corner Of Said Lot 40; Thence North 11 Degrees
34 Minutes East 70.79 Feet To The Southeast Corner Of Lot 41 Of Said Riverside
Manor,Unit No. 2; Thence North 80 Degrees 22 Minutes East Along The Northerly
Line Extended Easterly Of Hazel Drive As Platted In Said Riverside Manor,Unit No.
2, 296 Feet; Thence North 10 Degrees 08 Minutes West 52.52 Feet; Thence
Northerly Along A Curve To The Right Having A Radius Of 727.45 Feet And Being
Tangent To The Last Described Course, 292.01 Feet; Thence North 12 Degrees 52
Minutes East Tangent To The Last Described Curve 124.56 Feet; Thence North 89
Degrees 34 Minutes East 281.15 Feet To A Line Drawn Parallel With And 537.33
Feet West Of, (Measured Along The Southerly Line Of A Tract Of Land Conveyed
To Northern Illinois Gas Company By Deed Recorded November 28, 1958 In Book
1932, Page 239, As Document 876705) The East Line Of Said Southeast Quarter;
Thence South 0 Degrees 26 Minutes East Along Said Parallel Line 1506.74 Feet To
A Point 2495 Feet South Of,Measured Along Said Parallel Line,The Southerly Line
Of Said Northern Illinois Gas Company Tract;Thence North 77 Degrees 40 Minutes
40 Seconds West 274.64 Feet;Thence Southwesterly To A Point On The South Line
Of Said Southeast Quarter Which Is 144 Feet East Of The Point Of Beginning;
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rm. Thence West Along Said South Line 144 Feet To The Point Of Beginning; (Except
That Part Lying Northerly Of The Northerly Line Extended Easterly Of Hazel Drive,
Being Also Northerly Line Of Roadway Easement Document 1462802, In The City
Of Elgin, Kane County, Illinois.
Section 4. That the City Council of the City of Elgin hereby classifies the subject
property in this PCF Planned Community Facility District in accordance with the following
provisions:
A. Purpose and Intent. The purpose and intent of this PCF zoning district is to provide a
planned environment for various types of community facilities, subject to the provisions of
Chapter 19.60 Planned Developments, of the Elgin Municipal Code, 1976, as amended. In
general,community facilities provide governmental,recreational,educational,health,social,
religious, and transportation services to the community on a for-profit or a not-for-profit
basis.
B. Supplementary Regulations. Any word or phrase contained herein,followed by the symbol
"[SR]", shall be subject to the definitions and the additional interpretive requirements
provided in Chapter 19.90, Supplementary Regulations of the Elgin Municipal Code, 1976,
as amended. The exclusion of such symbol shall not exempt such word or phrase from the
applicable supplementary regulation.
C. General Provisions. In this PCF zoning 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, 1976, as amended.
D. Zoning Districts-Generally. In this PCF zoning district,the use and development of land
and structures shall be subject to the provisions of Chapter 19.07, Zoning Districts, of the
Elgin Municipal Code, 1976, as amended.
E. Location and Size of District. This PCF zoning district should be located in substantial
conformance to the official comprehensive plan. The amount of land necessary to constitute
a separate PCF zoning 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.
F. Land Use. In this PCF zoning district,the use of land and structures shall be subject to the
provisions of Chapter 19.10,Land Use of the Elgin Municipal Code, 1976,as amended. The
following enumerated "land uses" [SR] shall be the only land uses allowed as a"permitted
use" [SR] in this PCF zoning district:
Permitted Uses. The following enumerated land uses shall be the only land uses allowed as
a permitted use in this PCF Community Facility District:
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Services Division
1. "Athletic fields and sports fields" (UNCL).
2. "Churches, convents, monasteries, and temples" (8661).
3. "Colleges, universities, and professional schools" (8221)
4. "Sporting and recreational camps" (7032).
Construction Division.
5. "Contractors office and equipment areas" [SR] (UNCL).
Transportation, Communication and Utilities Division.
6. "Commercial antennas and antenna structures mounted on existing structures" [SR]
(UNCL).
7. "Radio and television antennas" [SR] (UNCL).
8. "Satellite dish antennas" [SR] (UNCL).
9. "Treatment, transmission, and distribution facilities: poles, wires, cables, conduits,
laterals, vaults,pipes, mains, and valves" [SR] (UNCL).
Miscellaneous Uses Division.
10. "Fences and walls" [SR] (UNCL).
11. "Loading facilities" [SR](UNCL),exclusively"accessory" [SR],subject to the provisions
of Chapter 19.47, Off Street Loading.
12. "Parking lots" [SR] (UNCL), exclusively"accessory" [SR] to a use allowed in this PCF
zoning district, subject to the provisions of Chapter 19.45, Off Street Parking.
13. "Parking structures" [SR] (UNCL),exclusively"accessory" [SR]to a use allowed in this
PCF zoning district, subject to the provisions of Chapter 19.45, Off Street Parking.
14. "Refuse collection area" [SR].
15. "Storage Tanks" [SR] (UNCL).
16. "Temporary uses" [SR] (UNCL).
17. "Accessory structures" [SR] (UNCL) to the permitted uses allowed in this PCF
Community Facility District, subject to the provisions of Section 19.12.500, Accessory
Structures and Buildings.
18. "Accessory uses" [SR] (UNCL) to the permitted uses allowed in this PCF Community
Facility District, subject to the provisions of Section 19.10.400, Component Land Uses.
Conditional Uses. The following enumerated land uses shall be the only land uses allowed
as a conditional use in this PCF Community Facility District:
Services Division.
1. "Institutional child day care services" [SR] (8351).
Transportation, Communication and Utilities Division.
2. "Conditional commercial antennas and antenna structures mounted on existing
structures" [SR] (UNCL).
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3. "Conditional Commercial Antenna Tower" [SR] (UNCL).
4. "Other radio and television antennas" [SR] (UNCL).
5. "Other satellite dish antennas" [SR] (UNCL).
6. "Pipelines, except natural gas" (461).
7. "Treatment, transmission, and distribution facilities: equipment, equipment buildings,
towers, exchanges, substations, regulators" [SR] (UNCL).
Miscellaneous Uses Division.
8. "Planned developments" [SR] on a "zoning lot" [SR] containing less than two acres of
land, subject to the provisions of Chapter 19.60, Planned Developments.
9. "Accessory structures" [SR] (UNCL) to the conditional uses allowed in this PCF
Community Facility District, subject to the provisions of Section 19.12.500, Accessory
Structures and Buildings.
10. "Accessory uses" [SR] (UNCL)to the conditional uses allowed in this PCF Community
Facility District, subject to the provisions of Section 19.10.400, Component Land Uses.
G. Site Design and Further Land Use Limitations. In this PCF District, the site design
regulations shall be as required in the CF District,pursuant to Chapter 19.30.135 Site Design,
of the Elgin Municipal Code, as may be amended from time to time. The development of
land and structures and use thereof shall also be in substantial conformance with the
following:
1. Substantial conformance to the Development Application prepared by Burnidge Cassell
Associates, dated January, 2005; and the Exterior Elevation Drawings and Main Floor
Plans of the Harm Weber Library and Academic Center, prepared by Short and
Associates and Burnidge Cassell Associates.
2. Substantial conformance to the Development Agreement dated May 14, 2008, by and
between the City of Elgin, Illinois, Judson University, and the Chicago Bandits LLC,
3. Substantial conformance to the site plan prepared by LandVision entitled "Proposed
Chicago Bandits Site Improvements", dated February 28, 2008.
4. Substantial conformance to the stormwater management permit application for the
Chicago Bandits Field, Elgin, Illinois, prepared by Christopher B. Burke Engineering
West, Ltd., dated March 28, 2008.
5. All events scheduled on the exterior fields on the Subject Property, including, but not
limited to, the Chicago Bandits home games, shall be scheduled to end no later than
10:00 p.m.
6. Lighting for all fields on the Subject Property shall be turned off each day no later than
10:30 p.m., provided, however, that the lighting may remain on after 10:30 p.m. in the
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event a game is continued and has been delayed or extended due to a rain delay or extra
innings. Lighting for any fields on the Subject Property shall not be turned on unless
there is an event taking place on such field. No additional lighting shall be added to any
fields on the Subject Property unless pursuant to an amendment to this PCF Planned
Community Facility District ordinance.
7. The amplification system to be installed for the field proposed to be utilized by the
Chicago Bandits shall be in substantial conformance with the proposal for the outdoor
sound system prepared by RC Communications dated April 11, 2008 and shall be the
only sound amplification system or device installed,utilized or operated on the softball
field on the subject property proposed to be utilized by the Chicago Bandits(the"Subject
Amplification System"). The Subject Amplification System shall be operated and
utilized solely and only in conjunction with Chicago Bandits home games on the subject
property and the Subject Amplification System shall not be operated or utilized for any
other events or for any other entities on any fields or exterior areas on the Subject
Property. The Subject Amplification System shall not be operated or utilized for more
than thirty (30) minutes prior nor later than thirty (30) minutes after the scheduled
commencement and ending of any Chicago Bandits games on the property. The Subject
Amplification System shall be designed,constructed,maintained,utilized and operated in
conformance with all applicable federal, state, city and other requirements of law. The
software for the Subject Amplification System shall be programmed and maintained to
limit the maximum sound pressure level which can be produced by the Subject
ft' Amplification System to 88dBA as measured in the audience area at the softball field on
the Subject Property proposed to be utilized by the Chicago Bandits. The Subject
Amplification System shall not be operated or utilized to generate a sound pressure level
in excess of 88dBA as measured in the audience area for the softball field on the Subject
Property proposed to be utilized by the Chicago Bandits. The Subject Amplification
System shall not be operated or utilized in such a manner which constitutes a nuisance or
creates a disturbance for any other property.
8. The existing amplification system utilized by Judson University on the baseball field on
the subject property(the"Existing Amplification System")shall be maintained,utilized
and operated in conformance with all applicable federal, state, city and other
requirements of law and shall not be operated or utilized in such a manner which
constitutes a nuisance or creates a disturbance for any other property. The Existing
Amplification System shall not be operated or utilized to generate a sound pressure level
in excess of 88dBA as measured in the audience area on the baseball field on the Subject
Property. With the exception of the Subject Amplification System and the Existing
Amplification System, there shall be no other sound amplification systems or devices
installed, operated or utilized for any other fields or exterior areas on the Subject
Property.
9. Fireworks displays shall be conducted on the Subject Property solely and only in
conjunction with Chicago Bandits home games on Friday nights. Fireworks displays
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shall be commenced at dusk after the completion of a Chicago Bandits home game on a
Friday night and such fireworks displays will be conducted for no more than
approximately thirty(30)minutes. No fireworks display shall be commenced after 10:30
p.m. Any fireworks displays shall also be conducted in accordance with all applicable
federal, state, city and other requirements of law.
10. Compliance with all other applicable codes and ordinances.
H. Off-Street Parking. In this PCF District,off street parking shall be subject to the provisions
of Chapter 19.45, Off Street Parking, of the Elgin Municipal Code, as amended.
Off-Street Loading. In this PCF District,off street loading shall be subject to the provisions
of Chapter 19.47, Off Street Loading, of the Elgin Municipal Code, as amended.
J. Street Graphics. In this PCF District, street graphics shall be subject to the provisions of
Chapter 19.50, Street Graphics of the Elgin Municipal Code, 1976, as amended.
K. Amendments. In this PCF District, application for text and map amendments shall be
subject to the provisions of Chapter 19.55,Amendments.A text and map amendment may be
requested by an individual lot or property owner for a zoning lot without necessitating that all
other property owners in this PCF zoning district authorize such an application.
L. Planned Developments. . In this PCF zoning district,the use and development of the land
and structures shall be subject to the provisions of Chapter 19.60,Planned Developments of
the Elgin Municipal Code, 1976,as amended. A conditional use for a planned development
may be requested by an individual lot or property owner for a zoning lot without requiring an
amendment to this PCF zoning district and without necessitating that all other property
owners in this PCF zoning district authorize such an application.
M. Conditional Uses. In this PCF zoning district, the use and development of the land and
structures shall be subject to the provisions of Chapter 19.65 Conditional Uses of the Elgin
Municipal Code, 1976,as amended.A conditional use may be requested by an individual lot
or property owner for a zoning lot without requiring an amendment to this PCF zoning
district and without necessitating that all other property owners in this PCF zoning district
authorize such an application.
N. Variations. In this PCF District,the use and development of the land and structures shall be
subject to the provisions of Chapter 19.70,Variations of the Elgin Municipal Code, 1976,as
amended. Any of the requirements of this ordinance may be varied by petition of a lot or
property owner for a zoning lot without requiring an amendment to this PCF zoning district
and without necessitating that all other property owners in this PCF zoning district authorize
such an application.
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0. Subdivisions—Generally. The subdivision of the subject property and development thereof
shall comply with the subdivision regulations of the city,as amended,and the Plat Act of the
State of Illinois.
P. 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 of the Elgin Municipal Code, 1976,as amended.
Section 5. That this ordinance shall be in full force and effect immediately after its
passage in the manner provided by law.
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Ed Schock, Mayor
Presented: May 14, 2008
Passed: May 14, 2008
Vote: Yeas: 6 Nays: 0
Recorded: May 15, 2008
Published:
Attest:
Diane Robertson, City lerk
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March 3, 2008
FINDINGS OF FACT
Planning and Development Commission City of Elgin,Illinois
SUBJECT
Consideration of Petition 10-08 Requesting an Amendment to PCF Planned Community Facility
Ordinance No. G42-05 to Provide for the Operation of a Professional Softball Franchise, and for the
Operation of Sporting and Recreation Camps and Tournament Play; Property Located at 1151 North
State Street; by Judson University, the Chicago Bandits, and the City of Elgin, as Co-Applicants, and
Judson University, as Owner
GENERAL INFORMATION
Requested Action: Map Amendment
Current Zoning: PCF Planned Community Facility District
ARC Arterial Road Corridor Overlay District
r Proposed Zoning: PCF Planned Community Facility District
ARC Arterial Road Corridor Overlay District
Intended Use: Judson University and Related Uses
Property Location: 1151 North State Street
Applicant: Judson University, Chicago Bandits, City of Elgin
Owner: Judson University
Staff Coordinator: Tom Armstrong, Principal Planner
LIST OF EXHIBITS
A. Location Map (see attached)
B. Zoning Map (see attached)
C. Parcel Map (see attached)
D. Aerial Map (see attached)
E. Environmental Map (see attached)
EXHIBIT A
Findings of Fact Planning and Development Commission
Petition 10-08 March 3, 2008
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F. Site Photos (see attached)
G. Judson University/Chicago Bandits Field Exhibit, (see attached)
prepared by Land Vision, Inc., dated February 7, 2008;
and Petitioner's Statement
H. Draft PCF Ordinance (see attached)
I. Related Communications (see attached)
BACKGROUND
An application has been filed by Judson University, the Chicago Bandits, and the City of Elgin,
requesting an amendment to PCF Planned Community Facility Ordinance No. G42-05 to provide for the
operation of a professional softball franchise (the Chicago Bandits), and for the operation of sporting
and recreation camps and tournament play. The property is located at 1151 North State Street(reference
Exhibits A, B, C, D, E and F).
r The Chicago Bandits professional softball team proposes to play their home games on the softball
diamond at Judson University for the 2008, 2009 and 2010 seasons. In addition, Judson University
sponsors sports and recreation camps and allows sporting events unrelated to university sponsored
activities to operate from the facilities in the campus sports core area. The proposed amendments to the
PCF Planned Community Facility District ordinance regulating the use and development of land on the
Judson University campus address all of the above listed activities (reference Exhibits G, H and I).
FINDINGS
After due notice,as required by law,the Planning and Development Commission held a public hearing
in consideration of Petition 10-08 on March 3, 2008. The applicant testified at the public hearing and
presented documentary evidence in support of the application. Objectors were present and provided
testimony. The Community Development Group submitted a Map Amendment Review, dated
February 27, 2008.
The Planning and Development Commission has made the following findings concerning the standards
for map amendments:
A. Site Characteristics Standard. The suitability of the subject property for the intended planned
development with respect to its size, shape, significant natural features(including topography,
watercourse and vegetation), and existing improvements.
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Findings of Fact Planning and Development Commission
Petition 10-08 March 3, 2008
Findings. The subject property is suitable for the intended planned development with respect to
the site characteristics standard.
The subject property is an irregularly shaped parcel containing approximately 85 acres of land.
The property is improved with academic,dormitory,administration and other campus buildings,
athletic facilities and parking. Portions of the property are heavily wooded. The property is
traversed by Tyler Creek and is bounded on the east by the Fox River.
B. Sewer and Water Standard. The suitability of the subject property for the intended planned
development 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 planned development with respect to
the sewer and water standard.
The subject property is served with municipal sewer and water systems. Storm water
management systems designed for new improvements on the campus are subject to the City of
Elgin and Kane County storm water management regulations.
C. Traffic and Parking Standard. The suitability of the subject property for the intended planned
development with respect to the provision of safe and efficient on-site and off-site vehicular
circulation designed to minimize traffic congestion.
Findings. The subject property is suitable for the intended planned development with respect to
the traffic and parking standard.
The subject property is located along Illinois State Route 31, between Interstate 90 and Big
Timber Road. It is also served by West River Road. Illinois Route 31 is a regional north/south
arterial road serving the west side of Elgin and neighboring communities. West River Road
functions as a collector road serving the adjacent office and industrial land uses.
Access to the subject property is provided from single points of access on Illinois State Route 31
and West River Road.
Off street parking will be provided in conformance with the Off Street Parking Ordinance. The
Chicago Bandits and Judson University are working with the Elgin Police Department to
develop a traffic control plan to direct traffic on game days.
D. Zoning History Standard. The suitability of the subject property for the intended planned
development with respect to the length of time the property has remained undeveloped or
unused in its current zoning district.
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Findings of Fact Planning and Development Commission
Petition 10-08 March 3, 2008
Findings. The subject property is suitable for the intended planned development with respect to
the length of time the property has remained undeveloped or unused in its current zoning
district.
Judson University was founded in 1963 on a former private estate on the west banks of the Fox
River. The campus was zoned CF Community Facilities District in 1992, as a part of the
comprehensive amendment to the zoning ordinance and official zoning map. The campus was
rezoned to PCF Planned Community Facility District in 2005.
E. Surrounding Land Use and Zoning Standard. The suitability of the subject property for the
intended planned development with respect to consistency and compatibility with surrounding
land use and zoning.
Findings. The subject property is suitable for the intended planned development with respect to
consistency and compatibility with surrounding land use and zoning.
The properties surrounding the Judson University campus are zoned in"standard"or"planned"
residential and community facility district classifications. In particular,the areas surrounding
the proposed library and academic center include the following land uses and zoning. The Tyler
Creek Forest Preserve (Kane County Forest Preserve, zoned CF) is located to the northwest.
The Tyler Bluff Condominiums (townhouses, zoned PRC) are located to the west. Riverside
Manor Subdivision(single family homes, zoned SFR1) is located to the east.
F. Trend of Development Standard. The suitability of the subject property for the intended
planned development with respect to consistency with an existing pattern of development or an
identifiable trend of development in the area.
Findings.The subject property is suitable for the intended planned development with respect to
consistency with an existing pattern of development or an identifiable trend within the area.
Judson University was established on the property in 1963 on what, at the time, was a large
private estate. Judson features all of the academic, administration, sports, and residential
facilities typically associated with a traditional university campus,and from time to time makes
some of those facilities available to groups not affiliated with the school.
G. Planned Development Districts Standard. The suitability of the subject property for the
intended planned development with respect to conformance to the provisions for the purpose
and intent, and the location and size of a zoning district.
The purpose of the PCF Planned Community Facility District is to provide a planned environment
for various types of community facilities, subject to the provisions of Chapter 19.60, Planned
Developments. A PCF zoning district is most similar to, but departs from the standard
requirements of the CF zoning district.
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Findings of Fact Planning and Development Commission
Petition 10-08 March 3, 2008
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, a
property located within the district shall also be subject to the regulations of the underlying
zoning district in which it is located.
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.
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 PCF
Planned Community Facility District.
The subject property is ideally suited for its use as a university campus due to its proximity to a
regional transportation network. Judson University has expanded its campus since its founding
and has demonstrated sensitivity to integrating the physical improvements with the natural
features on the subject property, and with its neighbors.
H. Comprehensive Plan Standard. The suitability of the subject property for the intended
planned development with respect to conformance to the goals, objectives, and policies of the
official comprehensive plan.
Findings. The subject property is suitable for the intended planned development with respect to
the Comprehensive Plan Standard.
The developable areas of the subject property are designated "Institutional" by the 2005
Comprehensive Plan and Design Guidelines. The Tyler Creek and Fox River riparian corridors
are designated"Open Space". The existing and proposed improvements on the campus,and in
particular those related to the proposed improvements in the sports core, are in conformance
with these designations.
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.
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Findings of Fact Planning and Development Commission
Petition 10-08 March 3, 2008
Findings. The subject property is suitable for the intended planned development with respect to
the Natural Preservation Standard.
The proposed improvements will have no impact on the floodplain and other natural features
along the Fox River and Tyler Creek.
J. Internal Land Use. The suitability of the subject property for the intended planned
development with respect to the land uses permitted within the development being located,
designed, and operated so as to exercise no undue detrimental influence on each other or on
surrounding property.
Findings. The subject property is suitable for the intended planned development with respect to
the 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.
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 Judson University campus is ideally situated in close proximity
to the regional transportation system,and in its tranquil setting along the Fox River and
Tyler Creek. Judson University has expanded since its founding and has demonstrated
sensitivity to integrating the physical improvements within the campus with the natural
features on the subject property, and with its neighbors.
2. Comprehensive Plan. The developable areas of the subject property are designated
"Institutional" by the 2005 Comprehensive Plan and Design Guidelines. The Tyler
Creek and Fox River riparian corridors are designated"Open Space". The existing and
proposed improvements on the campus, and in particular those related to the proposed
improvements in the sports core, are in conformance with these designations.
B. Summary of Unresolved Issues.
There are no unresolved issues.
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Findings of Fact Planning and Development Commission
Petition 10-08 March 3, 2008
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 recommends approval of Petition 10-08. On a motion to
recommend approval, subject to the following conditions, the vote was seven(7)yes, and zero (0)no:
1. Substantial conformance to the terms and conditions of a Development Agreement by and
between Judson University, the Chicago Bandits and the City of Elgin, which will in part
specify standards and/or plans for the following:
a. site improvements to the softball diamond and related facilities, including parking,
seating,lighting control,and sound amplification,subject to review and approval by the
Community Development Group, Engineering Division, Legal Department, and City
Manager's Office
b. submission of a traffic control plan, subject to review and approval by the Police
Department
2. Construction of additional off-street parking,should the existing improved parking facilities be
deemed inadequate by the Community Development Group to meet the parking demands
generated by the Chicago Bandits use of the Judson University facilities. Such additional
required parking shall be constructed prior to the start of the Chicago Bandits subsequent season
of play.
3. Compliance with all other applicable codes and ordinances.
Therefore, the motion to recommend approval of Petition 10-08 was adopted.
Respectfully submitted:
s/ John Hurlbut
John Hurlbut, Chairman
Planning and Development Commission
s/ Tom Armstrong
''" Tom Armstrong, Secretary
Planning and Development Commission
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