G96-04 Certified %
State of Illinois )
County of Kane ) ss .
City of Elgin
CERTIFICATE OF CITY CLERK
I, Dolonna Mecum, DO HEREBY CERTIFY that I am the City
Clerk of the City of Elgin, in the Counties of Kane and Cook in the
State of Illinois, and that as such City Clerk I am the keeper and
custodian of the files and records of said City of Elgin and the
seal thereof .
I DO FURTHER CERTIFY that the attached is a full, true,
and correct copy of :
Ordinance No. G96-04
AN ORDINANCE
RECLASSIFYING PROPERTY FROM CC1 CENTER CITY DISTRICT TO
PCC PLANNED CENTER CITY DISTRICT
(Fountain Square on the River, 6-52 South Grove Avenue)
adopted by the Elgin City Council at its legally convened meeting
held on December 1, 2004 .
In Witness Whereof, I have hereunto set my hand and
affixed the corporate seal of the City of Elgin at the said City in
the County and State aforesaid this 24th day of March, 2005 .
City Clerk
Clerk
(SEAL)
Ordinance No. G96-04
AN ORDINANCE
RECLASSIFYING PROPERTY FROM
CC1 CENTER CITY DISTRICT TO
PCC PLANNED CENTER CITY DISTRICT
(Fountain Square on the River, 6-52 South Grove Avenue)
WHEREAS, written application has been made to reclassify certain property located at 6-
52 South Grove Avenue from CC 1 Center City District to PCC Planned Center City 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 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 October 18, 2004, 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 19.07, Section 19.07.600 entitled "Zoning District Map" of the
Elgin Municipal Code, 1976, as amended, be and the same is hereby further amended by adding
thereto the following paragraph:
"The boundaries herein before laid out in the "Zoning District Map", as
amended, be and are hereby altered by including in the PCC Planned Center City
District the following described property:
Parcel 1: Private Development Parcel
Parcel One: That part of Lots "A", "B", "C", "D", "E" and "F" lying Easterly of
the Easterly line of Riverside Avenue in Harvey and Amick's Subdivision of Lots
6 and 7 in Block 21 of James T. Gifford's Plat of Elgin, according to the plat of
said Harvey and Amick's Subdivision recorded April 17, 1866 in book 2 of maps,
page 139 Y2, in the City of Elgin, Kane County, Illinois.
Parcel Two: That part of the Northerly 22 feet of Lot 8 lying Easterly of the
Easterly line of Riverside Avenue, in Block 21 of the original Town of Elgin, As
laid out by James T. Gifford, in the City of Elgin, Kane County, Illinois.
Parcel 2: City Parcel
Parcel One: Lots 1, 2, 3, 4, 5, and 6 and part of Lot 10 of B.W. Raymond's
Subdivision of Lots 1, 3, 4, and 5 of Block 21 of the original Town of Elgin, on
the East side of Fox River; Lots 1, 2, and part of Lot 3 of Mcosker's Subdivision
of Lots 7, 8, 9, 10, and 10 '/2 of B. W. Raymond's Subdivision of Lot 1 in Block
21 of the original Town of Elgin, and that portion of land lying between Lot 9 and
Fox River; also part of the vacated alley lying on the Southerly portion of said
Mcosker's Subdivision; also part of Lot 2 in Block 21 of the original Town of
Elgin, on the East side of Fox River; all of the forgoing being described as a tract
as follows: beginning at a point in the Southerly line of the Northerly 22 feet of
Lot 2 in Block 21 aforesaid, 95 feet Southwesterly, measured along said Southerly
line, from the Westerly line extended of Lot 4 of B. W. Raymond's Subdivision;
thence Northwesterly parallel with said Westerly line extended of said Lot 4 a
distance of 42 feet; thence Northwesterly to a point on the Westerly line of Lot 2
of Mcosker's Subdivision 105 feet Northwesterly from the Southwesterly corner
thereof; thence Northwesterly along the Westerly line of Lot 2 of Mcosker's
Subdivision to the Northwesterly corner thereof and the South line of Chicago
Street; thence East along said South line of Chicago Street to the Westerly line of
Grove Avenue; thence Southeasterly along said Westerly line of Grove Avenue to
the Southeast corner of Lot 2 in Block 21 aforesaid; thence Westerly along the
Southerly line of said Lot 2 to the Easterly line of Riverside Avenue; thence
Northerly along said Easterly line to the point of beginning, in the City of Elgin,
Kane County, Illinois.
Parcel Two:
Lot 11 and that part of Lot 28 lying Easterly of the Easterly line of Riverside
Avenue and that part of the vacated alley lying between said Lots 11 and 28, all in
B. W. Raymond's Subdivision of Lots 1, 3, 4 and 5 of Block 21 of the original
Town of Elgin, on the East side of Fox River, in the City of Elgin, Kane County,
Illinois.
Parcel Three:
That part of Lots 12 and 27 in B. W. Raymond's Subdivision of Lots 1, 3, 4 and 5
in Block 21 of the original Town of Elgin, on the East Side of Fox River, and the
vacated alley lying between said Lots 12 and 27, lying between the Westerly line
of South Grove Avenue, and the Easterly line of Riverside Avenue, in the City of
Elgin, Kane County, Illinois.
Parcel Four:
Lots 13, 14, 15, 16, 23, 24, 25 and 26 and the vacated 20 foot alley adjoining said
Lots in B. W. Raymond's Subdivision of Lots 1, 3, 4 and 5 in Block 21, of the
original Town of Elgin, on the East side of Fox River, in the City of Elgin, Kane
County, Illinois.
Parcel Five:
Lots 17, 18, 21 and 22 (except that part of said Lots, if any, falling within
Riverside Avenue) of B. W. Raymond's Subdivision of Lots 1, 3, 4 and 5 in
Block 21 of the original Town of Elgin, on the East side of Fox River in the East
fraction of Southeast 'A of Section 14, Township 41 North, Range 8 East of the
Third Principal Meridian; also, all that part of an alley 20 feet wide (now vacated)
in said Subdivision, which lies between said Lots 21 and 22, and said Lots 17 and
18 and South of the North lines of said lots and North of the South line of said
Lots extended across said alley, all in the City of Elgin, Kane County, Illinois.
Parcel Six:
Lots 19 and 20 and the vacated 20 foot alley lying between said Lots in B. W.
Raymond's Subdivision of Lots 1, 3, 4 and 5 in Block 21 of the original Town of
Elgin, on the East side of Fox River, (except that part lying West of the Easterly
line of Riverside Avenue as established by plat recorded September 22, 1885 in
book 7, page 13), in the City of Elgin, Kane County, Illinois (property commonly
known as 6-52 South Grove Avenue)."
Section 3. That the City Council of the City of Elgin hereby grants the rezoning from CC1
Center City District to PCC Planned Center City District at 6-52 South Grove Avenue which shall
be designed, developed, and operated subject to the following provisions:
A. Purpose and Intent. The purpose of the PCC Planned Center City District is to
facilitate the implementation of the official comprehensive plan for the center city,
as focused on a distinctive sub area of the city with a common urban fabric. This
PCC Zoning District is most similar to, but departs from the standard requirements
of the CC1 Zoning District. The PCC 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.
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, as amended. The exclusion of such symbol shall not exempt such
word or phrase from the applicable supplementary regulation.
C. General Provisions. In this PCC 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 PCC Planned Center City 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. PCC Planned Center City Districts should be
located in substantial conformance to the official comprehensive plan for the center
city. No additional CC1 zoning district shall be mapped subsequent to the effective
date of this title, unless such property to be mapped adjoins an existing CC1 zoning
district. There shall be no maximum or minimum area of land, which shall be
necessary to constitute the CC1 Center City District.
F. Land Use. In this PCC Planned Center City District, the use and development of
land and structures shall be subject to the provisions of Chapter 19.10, Land Use, of
the Elgin Municipal Code, as amended. The following enumerated"land uses" [SR]
shall be the only land uses allowed as a "permitted use" [SR], a "conditional use"
[SR], or as a "similar use" [SR] in the PCC Planned Center City District:
1. Permitted Uses: The following enumerated land uses shall be the only
land uses allowed as a permitted use in the PCC Planned Center City
District. Non-residential uses shall be limited to those portions of the
building designated for such uses.
a. Residences Division:
"Attached single family dwellings" [SR] (UNCL).
"Multiple-family dwellings" [SR] (UNCL).
"Residential garage sales" [SR] (UNCL).
"Residential occupations" [SR] (UNCL).
"Residential parking areas" [SR] (UNCL).
"Residential storage" [SR] (UNCL).
"Residential storage of trucks or buses" [SR] (UNCL).
b. Municipal Services Division:
Public parks, recreation, open space (UNCL) on a "zoning lot" [SR]
containing less than two (2) acres of land.
c. Offices Division:
"Offices" [SR] (UNCL).
d. Finance, Insurance, and Real Estate Division:
"Development sales office" [SR] (UNCL).
Finance, insurance, and real estate (H).
e. Services Division:
Advertising (731).
Barbershops (724).
Beauty shops (723).
Computer programming, data processing and other computer-
related services (737).
Computer rental and leasing (7377).
Engineering, accounting, research, management and related
services (87).
"Home child daycare services" [SR] (8351).
Home health care services (808).
Legal services (811).
Laundry collecting and distributing outlets (7211).
Mailing, reproduction, commercial art and photography, and
stenographic services (733).
"Management and public relations services (874).
Offices and clinics of dentists (802).
Offices and clinics of doctors of medicine (801).
Offices and clinics of doctors of osteopathy(803).
Offices and clinics of other health practitioners (804).
Photographic studios, portrait (722).
Physical fitness facilities (7991).
"Residential care facility[SR].
Shoe repair shops and shoeshine parlors (725).
Tax return preparation services (7291).
Videotape rental (784).
Watch, clock and jewelry repair(763).
f. Retail Trade Division:
Apparel and accessory stores (56).
Carryout restaurants (5812)
Convenience food stores, operated on a twenty four (24) hour basis
(5411).
Direct selling establishments (5963).
Drugstores and proprietary stores (591).
Eating places (5812).
Florists (5992).
General merchandise stores (53).
Home furniture, furnishings and equipment stores (57).
Miscellaneous retail stores not elsewhere classified (5999).
Miscellaneous shopping goods stores (594).
News dealers (5994).
Optical goods stores(5995).
g. Construction Division:
"Contractor's office and equipment areas" [SR] (UNCL).
h. Transportation, Communication And Utilities Division:
"Amateur radio antennas" [SR] (UNCL).
Arrangement of passenger transportation(472).
"Commercial antennas and antenna structures mounted on existing
structures" [SR] (UNCL).
"Radio and television antennas" [SR] (UNCL).
"Satellite dish antennas" [SR] (UNCL).
"Treatment, transmission, and distribution facilities: poles, wires,
cables, conduits, laterals, vaults, pipes, mains, and valves" [SR]
(UNCL).
Miscellaneous Uses Division:
"Parking structures" [SR] (UNCL), subject to the provisions of
Chapter 19.45 of this Title.
2. Conditional Uses: The following enumerated land uses shall be the only
land uses allowed as a conditional use in the PCC Planned Center City
District. Non-residential uses shall be lin
building designated for such uses.
a. Residences Division:
"Conditional residential occupationE.
b. Services Division:
Child daycare services (835).
c. Retail Trade Division:
Drinking places (alcoholic beverag
Food stores (54).
"Outdoor eating and drinking facil
"Package liquor sales establishments Laivj _ ,
Tobacco stores (5993).
d. Transportation, Communication, and Utilities Division:
"Conditional commercial antenna tower" [SR] (UNCL).
"Conditional commercial antennas and antenna structures mounted
on existing structures" [SR] (UNCL).
Courier services (4215).
Heliport (458).
"Loading facilities" [SR], exclusive "accessory" [SR] to a use
allowed in the district, subject to the provisions of chapter 19.47,
"Off Street Loading", of this title.
"Other radio and television antennas" [SR] (UNCL).
"Other satellite dish antennas" [SR] (UNCL).
Packing and crating(4783).
"Treatment, transmission and distribution facilities: equipment,
equipment buildings, towers, exchanges, substations, regulators"
[SR] (UNCL).
Water transportation(44).
d. Miscellaneous Uses Division:
"Accessory package liquor sales establishment" [SR] (UNCL).
"Master signage plan" [SR], subject to the provisions of chapter
19.50, "Signs", of this title.
"Planned developments" [SR] (UNCL) on a zoning lot containing
less than two (2) acres of land, subject to the provisions of chapter
19.60, "Planned Developments", of this title.
G. Site Design. In this PCC Planned Center City District, the use and development
of land and structures shall be subject to the provisions of Section 19.12, Site
Design, of the Elgin Municipal Code, as amended. The development of land and
structures shall be in substantial conformance with the following:
1. Substantial conformance to the Statement of Purpose and Conformance,
prepared by Peter C. Bazos, Esq., Schnell, Bazos, Freeman, Kramer,
Schuster& Vanek, dated August 26, 2004.
2. Substantial conformance to the "Fountain Square on the River"
Preliminary Plan, Site Plan, Landscape Plan, Overall Parking Plan,
Building Elevations, and Floor Plans prepared by Legat Architects, RSC &
Associates, Inc, and Hitchcock Design Group, dated October 11, 2004.
3. Submission and approval of construction drawings and specifications. All
building elevations shall indicate the design of and material used for the
exterior features of the towers and mid-rise buildings. Details shall be
provided for cornices, windows and doors, entryways to the townhomes,
storefronts and common areas, landscape features, parking stalls, retaining
walls and stairways, and any improvements on the public right of way, and
shall be approved by the Development Administrator.
4. Exterior building materials for the townhomes shall consist of 100%
conventional brick masonry with architectural pre-cast stone trim pieces.
Exterior building materials for the 8-story buildings shall consist of the
following:
a. In the areas of the commercial storefronts at ground level (first
story), a combination of (i) glass and metal storefront and (ii)
architectural concrete pre-cast panels with a limestone appearance,
and (iii) conventional brick;
b. In all other areas at ground level (first story), (i) conventional brick
masonry with architectural concrete pre-cast trim and (ii)
architectural concrete pre-cast panels with a limestone appearance;
c. Above the first story, architectural finished precast concrete panels
in both brick and traditional lime stone patterns and colors.
5. Establishment of a Capital Reserve for the painting and maintenance of the
building exterior.
6. A minimum of 116 public parking spaces shall be provided.
7. Conformance to all other applicable codes and ordinances.
H. Off Street Parking. In this PCC Planned Center City District, off street parking
shall be subject to the provisions of Chapter 19.45, Off Street Parking, of the Elgin
Municipal Code, as may be amended, except as provided within this section.
Off Street Loading. In this PCC Planned Center City District, off street loading
shall be subject to the provisions of Chapter 19.47, Off Street Loading, as may be
amended from time to time.
J. Signs. In this PCC Planned Center City District, signs shall be subject to the
provisions of 19.50, Signs, as may be amended from time to time.
K. Planned Developments. In this PCC Planned Center City District, the use and
development of the land and structures shall be subject to the provisions of Chapter
19.60,Planned Developments, as may be amended from time to time.
L. Conditional Uses. In this PCC Planned Center City District, application for
conditional uses shall be subject to the provisions of Chapter 19.65, Conditional
Uses, as may be amended from time to time.
. .
M. Variations. In this PCC Planned Center City District, application for variation shall
be subject to the provisions of Chapter 19.70, Variations, as may be amended from
time to time.
N. 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 may be amended from time
to time.
Section 4. That this ordinance shall be in full force and effect immediately after its passage
in the manner provided by law.
s/ Ed Schock
Ed Schock, Mayor
Presented: December 1, 2004
Passed: December 1, 2004
Vote: Yeas: 6 Nays: 0
Recorded: December 2, 2004
Published:
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk