G-20-05 Ordinance No. G20-05
AN ORDINANCE
RECLASSIFYING PROPERTY FROM
GI GENERAL INDUSTRIAL DISTRICT TO
PGI PLANNED GENERAL INDUSTRIAL DISTRICT
(1875-1895 Big Timber Road)
WHEREAS, written application has been made to reclassify certain property located at
1875-1895 Big Timber Road from GI General Industrial District to PGI Planned General Industrial
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 January 3, 2005, 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 PGI Planned General
Industrial District the following described property:
That part of the Southeast Quarter of Section 4, Township 41 North,
Range 8 East of the Third Principal Meridian, described as follows: Commencing
at the point of intersection of the center line of the Sleepy Hollow Road with the
Northerly right of way line of the Chicago, Milwaukee, St. Paul and Pacific
Railroad Company; thence South 89 degrees 29 minutes West along said
Northerly right of way line 1446.7 feet to the original center line of the Huntley
Road; thence North 56 degrees 49 minutes West along said center line 889.29
feet for the point of beginning; thence North 56 degrees 49 minutes West Deed
(North 56 degrees 55 minutes 28 seconds West measured), along said center line
250.50 feet; thence South 16 degrees 13 minutes West 503.34 feet Deed (South 16
degrees 13 minutes 16 seconds West 504.22 feet measured) to the Northerly line
of said Railroad right of way; thence South 79 degrees 43 minutes East Deed,
(South 79 degrees 56 minutes 06 seconds East measured) along said Northerly
right of way line 240.89 feet; thence North 16 degrees 13 minutes East 405.34
feet Deed (North 16 degrees 15 minutes 17 seconds East 405.76 feet measured) to
the point of beginning, (excepting the Northerly 33.0 feet dedicated for road way
per Document No. 583158, recorded June 17, 1947), in the City of Elgin, Kane
County, Illinois."
The following is the legal description for original property:
"PARCEL ONE:
That part of the Southwest Quarter of Section 3, the Southeast Quarter of
Section 4, the Northeast Quarter of Section 9 and the Northwest Quarter of
Section 10, all in Township 41 North, Range 8 East of the Third Principal
Meridian, described as follows: Commencing at the point of intersection of the
center line of Sleepy Hollow Road with the Northerly line of the right of way of
the Chicago, Milwaukee and St. Paul and Pacific Railroad Company; thence
South 89 degrees 19 minutes West along said Northerly right of way line 1446.7
feet to the original center line of the Huntley Road for the point of beginning;
thence North 56 degrees 49 minutes West along said original center line 889.29
feet; thence South 16 degrees 13 minutes West 405.34 feet to said Northerly
Railroad right of way line; thence Southeasterly and Easterly along said Northerly
right of way line 863.43 feet to the point of beginning, in the City of Elgin, Kane
County, Illinois.
PARCEL TWO:
That part of the Southeast Quarter of Section 4, Township 41 North, Range 8 East
of the Third Principal Meridian, described as follows: Commencing at the point
of intersection of the center line of the Sleepy Hollow Road with the Northerly
right of way line of the Chicago, Milwaukee, St. Paul and Pacific Railroad
Company; thence South 89 degrees 19 minutes West along said Northerly right of
way line 1446.7 feet to the original center line of the Huntley Road; thence North
56 degrees 49 minutes West along said center line 889.29 feet for the point of
beginning; thence North 56 degrees 49 minutes West along said center line 250.50
feet; thence South 16 degrees 13 minutes West 503.34 feet to the Northerly line of
said Railroad right of way; thence South 79 degrees 43 minutes East along said
Northerly right of way line 240.89 feet to a point South 16 degrees 13 minutes
West from the point of beginning; thence North 16 degrees 13 minutes East
405.34 feet to the point of beginning, in the City of Elgin, Kane County, Illinois."
Section 3. That the City Council of the City of Elgin hereby grants the rezoning from GI
General Industrial District to PGI Planned General Industrial District at 1875-1895 Big Timber
Road which shall be designed, developed, and operated subject to the following provisions:
A. Purpose and Intent. The purpose of the PGI Planned General Industrial District
is to provide an alternate planned industrial environment for the subject
properties. The PGI District is most similar to, but departs from, the GI General
Industrial District.
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 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 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], in the GI
General Industrial District:
A. Permitted Uses. The following enumerated land uses shall be the only
land uses allowed as a permitted use in the GI General Industrial District:
Municipal Services Division.
1. Public parks, recreation, open space(UNCL) on a"zoning lot" [SR]
containing less than two acres of land.
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 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).
Construction Division.
70. Building construction - general contractors and operative builders
(15).
71. Construction- special trade contractors(17).
72. "Contractor's office and equipment areas" [SR] (UNCL).
73. Heavy construction- contractors(16).
Manufacturing Division.
74. Apparel and other finished products made from fabrics and similar
materials(23).
75. Computer and office equipment(357).
76. Electronic and other electrical equipment and components(36).
77. Fabricated metal products(34).
78. Furniture and fixtures (25).
79. Industrial and commercial machinery and equipment(35).
80. Leather and leather products (31).
81. Lumber and wood products (24).
82. Measuring, analyzing, and controlling instruments; photographic,
medical, and optical goods; and watches and clocks (38).
83. Primary metal industries (33).
84. Printing, publishing, and allied industries (27).
85. Rubber and miscellaneous plastics products (30).
86. Stone, clay, glass and concrete products (32).
87. Textile mill products (22).
88. Tobacco products (21).
89. Transportation equipment(37).
Wholesale Trade Division.
90. Apparel piece goods and notions (513).
91. Beer,wine and distilled alcoholic beverages (518).
92. Chemicals and allied products (516).
93. Drugs, drug proprietaries and druggists' sundries(512).
94. Electrical goods (506).
95. Farm product raw materials (515).
96. Furniture and home furnishings(502).
97. Groceries and related products (514).
98. Hardware, and plumbing and heating equipment and supplies
(507).
99. Lumber and other construction materials (503).
100. Machinery, equipment, and supplies (508).
101. Metals and minerals, except petroleum(505).
102. Motor vehicles and motor vehicle parts and supplies (501).
103. Paper and paper products (511).
104. Petroleum and petroleum products (517).
105. Professional and commercial equipment and supplies (504).
106. "Recycling collection center" [SR] (5093).
Transportation, Communication and Utilities Division.
107. "Amateur radio antennas" [SR] (UNCL).
108. Arrangement of passenger transportation(472).
109. Arrangement of transportation of freight and cargo (473).
110. Branch United States post offices (4311).
111. Bus charter service operators offices (414).
112. Cable and other pay television services (484).
113. Communication services not elsewhere classified(489).
114. "Commercial antennas and antenna structures mounted on existing
structures" [SR] (UNCL).
115. "Commercial Antenna Tower" [SR] (UNCL).
116. Courier services (4215).
117. Freight forwarding in general (4731).
118. Intercity and rural bus transportation operators'offices (413).
119. Local and suburban passenger transportation operators'offices
(411).
120. Natural gas transmission and distribution(4922) (4924).
121. Packing and crating(474).
122. Public warehousing and storage(422).
123. "Radio and television antennas" [SR] (UNCL).
124. Radio and television broadcasting stations (483).
125. Railroad operators'offices (401).
126. "Satellite dish antennas" [SR] (UNCL).
127. School bus operators'offices (415).
128. Taxicab operators'offices (412).
129. Telegraph and other message communications (482).
130. Telephone communications (481).
131. "Treatment, transmission and distribution facilities: poles, wires,
cables, conduits, laterals, vaults, pipes, mains and valves" [SR]
(UNCL).
132. Trucking services (421).
Miscellaneous Uses Division.
133. "Adult entertainment establishment" [SR] (UNCL), subject to the
following conditions:
A. Distancing Requirements. An "adult entertainment
establishment" [SR] shall not be located less than 1000 feet from a
Preservation District, Residence Conservation District, Residence
District, or Community Facility District, nor less than 1000 feet
from any "apartment dwelling" [SR], "dwelling" [SR], "day care
service, home child" [SR], "day care service, institutional child"
[SR], "public park" [SR], school,place of worship or playground.
B. Dispersion. An "adult entertainment establishment" [SR]
shall not be located less than 1000 feet from another "adult
entertainment establishment" [SR].
C. Measurement. The distance limitations in subsection (A)
shall be measured in a straight line from the main public entrance of
the "adult entertainment establishment" [SR] to the nearest zoning
district boundary of a Preservation District, Residence Conservation
District, Residence District, or Community Facility District, or to
the nearest property line of the premises of any "apartment
dwelling" [SR], "dwelling" [SR], "day care service, home child"
[SR], "day care service, institutional child" [SR], "public park"
[SR], school, place of worship or playground. The distance
limitation in subsection(B) shall be measured in a straight line from
the closest exterior structural wall of each "adult entertainment
establishment" [SR].
D. Amortization of Existing Uses. Any "adult entertainment
establishment" [SR] lawfully existing at the adoption of this
ordinance shall apply to the Department of Code Administration
and Neighborhood Affairs for a Certificate of Non-Conforming
Adult Entertainment Establishment within forty-five (45) days of
the effective date of this ordinance. An "adult entertainment
establishment" [SR] that has received a Certificate of Non-
Conforming Adult Entertainment Establishment shall be
discontinued and cease within a period of one (1) year from the
effective date of this ordinance. An "adult entertainment
establishment" [SR] lawfully existing at the adoption of this
ordinance that fails to apply to the Department of Code
Administration and Neighborhood Affairs for a Certificate of Non-
Conforming Adult Entertainment Establishment within forty-five
(45) days of the effective date of this ordinance shall constitute an
unlawful "nonconforming use" [SR].
134. "Commercial operations yards" [SR] (UNCL).
135. "Fences and walls" [SR] (UNCL).
136. "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.
137. "Motor vehicle impoundment yard" [SR] (UNCL).
138. "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.
139. "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.
140. "Refuse collection area" [SR].
141. "Signs" [SR] (UNCL), subject to the provisions of Chapter 19.50,
Signs.
142. "Storage Tanks" [SR] (UNCL).
143. "Temporary uses" [SR] (UNCL).
144. "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.
145. "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.
B. Conditional Uses. The following enumerated land uses shall be the only land
uses allowed as a conditional use in the GI General Industrial District:
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).
Mining Division.
10. "Temporary mining" [SR] (UNCL).
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 (29).
Wholesale Trade Division.
15. "Motor vehicle recycling facility" [SR] (5093).
16. "Motor vehicle recycling yard" [SR] (5093).
17. "Recycling center" [SR] (5093).
18. "Recycling center yard" [SR] (5093).
Transportation, Communication and Utilities Division.
19. "Conditional commercial antennas and antenna structures mounted on
existing structures" [SR] (UNCL).
20. "Conditional Commercial Antenna Tower" [SR] (UNCL).
21. Heliports (458).
22. Mixed, manufactured or liquefied petroleum gas production or
distribution(4925).
23. Natural gas storage.
24. "Other radio and television antennas" [SR] (UNCL).
25. "Other satellite dish antennas" [SR] (UNCL).
26. Pipelines, except natural gas (461).
27. Railroad tracks (401).
28. Refuse systems (4953).
29. Terminal maintenance for motor freight transportation(423).
30. "Treatment, transmission and distribution facilities: equipment,
equipment buildings, towers, exchanges, substations, regulators" [SR]
(UNCL).
31. Water transportation(44).
Miscellaneous Uses Division.
32. "Master signage plan" [SR], subject to the provisions of Chapter 19.50,
Signs.
33. "Parking lots" [SR] (UNCL), subject to the provisions of Chapter 19.45,
Off Street Parking.
34. "Parking structures" [SR], subject to the provisions of Chapter 19.45, Off
Street Parking.
35. "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.
36. "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.
37. "Accessory package liquor sales establishment" (SR) (UNCL).
38. "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.
C. Similar Uses. The following enumerated land uses shall be subject to
classification as a permitted use or as a conditional use in the GI General
Industrial District or in a less restrictive zoning district, pursuant to Section
19.10.400 H. Classification of Land Uses:
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).
r` 8. Social services not elsewhere classified (839).
Manufacturing Division.
9. Miscellaneous manufacturing industries (39).
Wholesale Trade Division.
10. Miscellaneous durable goods (509).
11. Miscellaneous nondurable goods(519).
Transportation, Communication and Utilities Division.
12. Special warehousing and storage not elsewhere classified(4226).
13. Transportation services not elsewhere classified(4789).
(Ord. G44-96 § 11, 1996; Ord. G82-95 § 1, 1995; Ord. G81-95 § 1 (part), 1995;
Ord. G9-95 § 1 (part), 1995; Ord. G23-94 § 2-5 (part), 1994; Ord. G45-92 § 2
(part), 1992.)
G. Site Design. In this PGI Planned General Industrial 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. In this PGI
Planned General Industrial District, the use and development of land and
structures shall be subject to the following conditions:
1. Substantial conformance to the Statement of Purpose and Conformance,
submitted by TCB Development, dated December 15, 2004.
2. Substantial conformance to the Site Plan, prepared by Harris Architects,
dated July 27, 2004, with revisions as required by the Community
Development Group.
3. Substantial conformance to the Front Elevation, prepared by Harris
F Architects, dated July 27, 2004.
4. Substantial conformance to the Landscape Development Plan, prepared by
Signature Design Group, dated September 9, 2004, with revisions as
required by the Community Development Group.
5. Submission of a landscape plan illustrating the new landscaping proposed
for the Harig Property, subject to review and approval of the Community
Development Group.
6. The provision of a 40 foot half right-of-way for 1895 Big Timber Road.
7. Compliance with all applicable codes and ordinances.
H. Off Street Parking. In this PGI 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 PGI 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 PGI 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 PGI 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 PGI 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 PGI 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.
Ed Schock, Mayor
Presented: February 9, 2005
Passed: February 9, 2005
Omnibus Vote: Yeas: 6 Nays: 0
Recorded: February 10, 2005
Published:
Attest:
i5/ 1"141-t-a,•-r4__
Dolonna Mecum, City Clerk
January 3,2005
•
FINDINGS OF FACT
Planning and Development Commission City of Elgin,Illinois
SUBJECT
Consideration of Petition 66-04 Requesting a variation of Section 19.40.335 Site Design, of the
Elgin Municipal Code,to Permit the Subdivision of the Subject Property, and a Map Amendment
from GI General Industrial District to PGI Planned General Industrial District, and Final Plat
Approval,to Permit the Construction of a New Building in the ARC Arterial Road Corridor Overlay
District,Property Located at 1875 and 1895 Big Timber Road,by Big Timber Road LLC and Harig
Properties, as applicants and owners.
GENERAL INFORMATION
Requested Action: Variation and Map.Amendment
r, Current Zoning: GI General Industrial District
Proposed Zoning: PGI Planned General Industrial District
Intended Use: Commercial and Industrial Office Building
Property Location: 1875 and 1895 Big Timber Road
Applicants and Owners: Big Timber Road LLC and Hang Properties
Staff Coordinator: Todd Wyatt,Associate 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)
F. Site Photos (see attached)
Exhibit A
Findings of Fact Planning and Development Commission
Petition 66-04 January 3, 2005
G. Development Plan (see enclosed)
H. Draft Planned Development Ordinance (see enclosed)
BACKGROUND
An application has been filed by Big Timber Road LLC and Hang Properties,requesting a variation
of Section 19.40.335 Site Design, of the Elgin Municipal Code, to permit the subdivision of the
subject property,and a map amendment from GI General Industrial District to PGI Planned General
Industrial District, and final plat approval,to permit the construction of a new building in the ARC
Arterial Road Corridor Overlay District. The property is located at 1875 Big Timber Road (see
exhibits A, B, C, D, E, and F).
The subject property is currently developed with an office/warehouse building containing
approximately 36,000 square feet of floor area,and is considered nonconforming with respect to the
site design requirements of the GI General Industrial District. The applicants are proposing to
subdivide the subject property into two parcels, and to construct a new building containing
approximately 35,000 square feet of floor area, to be used as a speculative office / warehouse
building on the new lot. In order for property to be subdivided, each of the resultant lots need to
f conform to the site design regulations of the zoning district in which the property is located.
Variations of the site design requirements of the GI District must be granted prior to the subdivision
of the subject property. The applicant is requesting the following variations:
Building Setback-Street 50 30 40%
Building Setback—
South Interior Lot Line 20 0 100%
VUA Street Setback 15 5 67%
VUA Interior Setback—
South Interior Lot Line 6 feet 0 feet 100%
VUA Interior Setback—
West Property Line 6 feet 4 feet 33%
The subject property is located in the ARC Arterial Road Corridor Overlay District. Accordingly,
planned development approval must be granted prior to the development of the site. The applicant
proposes to use pre-cast concrete exterior building materials,and will provide new landscaping and
stormwater control facilities on the property(see exhibits G and H).
FINDINGS
After due notice, as required by law, the Planning and Development Commission held a public
r hearing in consideration of Petition 66-04 on January 3,2005. The applicant testified at the public
hearing and presented documentary evidence in support of the application. No objectors were
2
Findings of Fact Planning and Development Commission
Petition 66-04 January 3, 2005
present. The Community Development Group submitted a Map Amendment and Variation Review,
dated December 15, 2004.
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
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 approximately 6.68 acres of
land. The subject property is improved with a masonry building and a paved parking area.
There are no natural features on the site that are worthy of preservation.
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 subject property is served with municipal water,sanitary sewer,and storm water control
facilities.
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 on Big Timber Road. Big Timber Road is an arterial street
which serves northwestern Elgin and unincorporated Kane County to the west.
Access to the property will be provided from the existing access points which serve the Hang
Property, and a new access point to be created on the newly subdivided parcel.Parking will
be provided in conformance with the off street parking ordinance.
900.- 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.
3
Findings of Fact Planning and Development Commission
Petition 66-04 January 3, 2005
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: Out of City
1992: M-1 Limited Manufacturing DistrictPresent: GI General Industrial District
ARC Arterial Road Corridor Overlay District
The subject property was annexed to the City of Elgin in 1972 and zoned M-1 Limited
Manufacturing District. The subject property was rezoned to GI General Industrial District
as part of the Comprehensive Amendment to the Zoning Ordinance in 1992.
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,east,and west of the subject property are zoned GI General Industrial
District and AB Area Business District and are developed with industrial uses.
The areas to the south of the subject property is zoned GI General Industrial District and is
developed with the Chicago and Northwest Rail tracks.
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 area surrounding the subject property has developed with industrial and commercial
uses.
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
r" 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
4
Findings of Fact Planning and Development Commission
Petition 66-04 January 3, 2005
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.
A PGI Planned General Industrial District should be located in substantial conformance to
the official comprehensive plan. The amount of land necessary to constitute a separate PGI
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,unless such land is located between
any nonresidential zoning district, and any residence district or any residence conservation
district, which all have frontage on the same street and on the same block. No departure
from the required minimum size of a PGI Planned General Industrial District shall be granted
by the City Council.
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.
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 an ARC Arterial Road Corridor District.
The proposed planned development is in substantial conformance with the purpose and intent
of the planned development and arterial road corridor provisions.The proposed development
is consistent with the established trend of development in the area. The proposed new
building will consist of pre-cast concrete exterior, and will be an attractive amenity at this
location.
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.
5
Findings of Fact ' Planning and Development Commission
Petition 66-04 January 3,2005
r
Findings. The subject property is suitable for the intended zoning district with respect to the
Comprehensive Plan Standard.
The subject property is designated as "Office, Research and Light Manufacturing"by the
Official Comprehensive Plan of Elgin (1983).The proposed commercial/industrial office
building is consistent with this land use designation.
I. 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.
There are no natural features on the site.
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 zoning ordinance. For the purpose of comparison, the most
similar zoning district is the GI General Industrial District. The applicant is requesting the following
departures from the standard requirements of the GI District for the 1895 Big Timber parcel:
1. 19.40.335(E.2.a) —Vehicle Use Area Setback. The required vehicle use area setback is
15.2 feet from a street lot line. The applicant is proposing to locate the new parking lot
approximately 8 feet from the new right of way line of Big Timber Road(a 47%departure).
2. 19.40.335(E.1.a.1) — Building Setback. The required building setback is 50 feet from a
►* street lot line. The applicant is proposing to locate the new building approximately 47 feet
from the new right of way line of Big Timber Road(a 6%departure).
6
•
Findings of Fact Planning and Development Commission
Petition 66-04 January 3, 2005
STANDARDS FOR VARIATIONS
Staff has made the following findings concerning the variation standards:
A. Extraordinary Conditions Standard. That the variation should be based on the existence
of extraordinary or exceptional conditions,difficulties, or hardships which render the strict
application of the requirements of the zoning ordinance unreasonable.
The extraordinary conditions should distinguish the property from other properties that will
remain subject to the standard requirements of the same zoning district. More specifically,a
variation shall not be granted in lieu of an acceptable text amendment,which would benefit
other properties that otherwise would remain subject to the standard requirements of the
same zoning district.
Findings. Evidence has been submitted or found allowing favorable findings with respect to
the Extraordinary Conditions Standard.
The subject property was designed and built under previous zoning regulations which vary
significantly from those of today. This inconsistency in regulations has resulted in a situation
where the existing building is not in compliance with current site design regulations.While it
is important to note that nonconformities should be eliminated over time, it may be
impractical at this time to hold the current property owners to the more stringent standards
that have been more recently imposed on the property. The granting of the requested
variations will allow the subject property to be subdivided into two parcels, and therefore,
facilitate the sale and development of the new parcel.
B. Character of the Surrounding Area Standard. That the variation, if granted, should
maintain the essential character of the surrounding area.
Findings. Evidence has been submitted or found,allowing favorable findings with respect
to the Character of the Surrounding Area Standard.
The granting of the variations will not alter the essential character of the subject property or
the surrounding area. The applicant is requesting the proposed variations so that the property
can be subdivided into two parcels. The applicant will not be altering the existing building.
C. Additional Standards. The following additional standards are intended to supplement the
general standards:
1. Mere Inconvenience Standard. That the subject property features particular
physical surroundings, size, shape, or topographical conditions which bring ti°\ particular hardship on the owner,as distinguished from a mere inconvenience,if the
strict letter of the regulations are applied.
7
Findings of Fact Planning and Development Commission
Petition 66-04 January 3, 2005
Findings. No evidence has been submitted or found allowing favorable findings
with respect to the Mere Inconvenience Standard.
There are no conditions on the property which bring a particular hardship on the
owner,other that a desire to facilitate the sale of this property.
2. Reasonable Return Standard. That the variation will provide the subject property
with a reasonable return,which would not be possible if the property were permitted
to be used only in compliance with the regulations of the zoning district in which it is
located.
Findings.. No evidence has been submitted or found, allowing favorable findings
with respect to the Reasonable Return Standard.
The subject property will continue to provide a reasonable return even with the strict
application of the zoning ordinance. However,if the requested variations are granted
and the property is later subdivided,the new lot may be developed.
*3. Greater Economic Return Standard. That the variation is based on conditions,
difficulties,or hardships that do not involve only a desire to make a greater economic
return from the subject property.
Findings. No evidence has been submitted or found, allowing favorable findings
with respect to the Greater Economic Return Standard.
The applicant is requesting variations so that the property can be subdivided and sold.
4. Creation of Extraordinary Conditions Standard. That the variation is based on a
condition,difficulty,or hardship created by a person previously having an economic
interest in the property or by circumstances which occurred prior to the current
ownership of the property.
Findings. Evidence has been submitted or found,allowing favorable findings with
respect to the Creation of Extraordinary Conditions Standard.
There are particular conditions, difficulties, or hardships created by a person
previously having an economic interest in the property or by circumstances which
occurred prior to the current ownership of the property. The subject property was
designed under previous zoning regulations which vary significantly from those of
today. This inconsistency in regulations has resulted in a situation where the subject
property has buildings which are not in compliance with current site design
regulations.
5. Impact on the Surrounding Area Standard. That the variation should have no
effect on or should promote the adequate supply of light and air to adjacent property,
8
Findings of Fact • Planning and Development Commission
Petition 66-04 January 3, 2005
should have no effect on or should decrease the danger of fire, should protect the
public safety, and should have no effect on or should enhance other property or
improvements in the surrounding neighborhood.
Findings. Evidence has been submitted or found, allowing favorable findings with
respect to the Impact on the Surrounding Area Standard.
The granting of the variations will not negatively impact the surrounding area. The
applicant is not proposing any changes to the existing buildings located on the site.
6. Minimum Adjustment Standard. That the variation shall be the minimum
adjustment necessary for the reasonable use of the land.
Findings. No evidence has been submitted or found, allowing favorable findings
with respect to the Minimum Adjustment Standard.
The land could be reasonable used in its present state under the strict interpretation of
the zoning ordinance.
MITIGATION FOR REQUESTED VARIATIONS
The approval of variations is subject to the condition that the variation is specifically mitigated by an
equivalent, but more restrictive application of one or more of the site design regulations of the
zoning district in which the property benefited by the variation is located.
Findings. Evidence has been submitted or found, allowing favorable findings with respect to the
mitigation requirement.
The applicant has agreed to provide additional landscaping around the existing parking lot,thereby
bringing the site into conformance with the landscaping ordinance. It is the opinion of the
Community Development Group that this proposal sufficiently meets the mitigation requirement.
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 subdivision of the existing property will allow for the
construction of a new commercial/industrial building on an entryway into the city.
The new building will be constructed of quality materials,and the existing site will
be brought into conformance with the landscaping ordinance.
9
Findings of Fact Planning and Development Commission
Petition 66-04 January 3, 2005
r
2. Zoning District. The proposed planned development is in substantial conformance
with the purpose and intent of the planned development and arterial road corridor
provisions. The proposed development is consistent with the established trend of
development in the area. The proposed new building will be an attractive amenity at
this location.
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 of Petition 66-04. On
a motion to recommend approval,subject to the following conditions,the vote was five(5)yes and
zero (0)no:
1. Substantial conformance to the Statement of Purpose and Conformance,submitted by
TCB Development, dated December 15, 2004.
2. Revisions to the Final Plat of Subdivision as required by the Community
Development Group.
3. Substantial conformance to the Site Plan,prepared by Harris Architects, dated July
27, 2004,with revisions as required by the Community Development Group.
4. Substantial conformance to the Front Elevation,prepared by Harris Architects,dated
July 27,2004,with revisions as required by the Community Development Group.
5. Substantial conformance to the Landscape Development Plan,prepared by Signature
Design Group, dated September 9, 2004, with revisions as required by the
Community Development Group.
6. Submission of a landscape plan illustrating the new landscaping proposed for the
Harig Property, subject to review and approval of the Community Development
Group.
Therefore,the motion to recommend approval of Petition 66-04 was adopted.
10
• Findings of Fact Planning and Development Commission
Petition 66-04 January 3, 2005
Respectfully submitted:
John Hurlbut, Chairman
Planning and Development Commission
Todd Wyatt, Secretary
Planning and Development Commission
elk
11