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G12-12 Ordinance No. G 12-12 • AN ORDINANCE RECLASSIFYING CERTAIN TERRITORY FROM ORI OFFICE RESEARCH INDUSTRIAL TO PORI PLANNED OFFICE RESEARCH INDUSTRIAL DISTRICT (Courtyards on Randall —2410 to 2420 Alft Lane, 1640 to 1670 Capital Street and 2445 Westfield Drive) WHEREAS, written application has been made for a map amendment from ORI Office Research Industrial District to PORI Planned Office Research Industrial District; and WHEREAS, after due notice in the manner provided by law the Planning and Development Commission conducted a public hearing concerning said application and has submitted its written Findings of Fact and recommended approval; and WHEREAS, the City Council of the City of Elgin, Illinois, concurs in the Findings of Fact 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 the City Council of the City of Elgin hereby adopts the Findings of Fact, dated December 5, 2011, 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 the Official Zoning District Map as incorporated into the Elgin Municipal Code by, Section 19.07.600 of said Code, is hereby amended to include in the PORI Planned Office Research Industrial District: "The boundaries herein before laid out in the `Zoning District Map', as amended, be and are hereby altered by including in the PORI Planned Office Research Industrial District, the following described property: Part of Lot 18, Westfield Business Park, City of Elgin, Kane County, Illinois according to the plat thereof recorded as Document 1931202 and also; part of Lots 22, 23 and 24, Westfield Business Park Plat No, 2, City of Elgin, Kane County, Illinois according to the plat thereof recorded as Document 2012687 described as follows: Commencing at the southeast corner of said Lot 18; thence North 88°47'45" West along the southerly line of said Lot, 152.80 feet for a point of beginning, being the westerly line of Capitol Street as heretofore dedicated by Document 2006K078969; thence continuing North 88°47'45" West along the southerly line of said Lot, 238.0 feet; thence North 1'12'15" East 104.0 feet: thence North 88°4745" West 18.11 feet; thence North 1°12'15" East 206.0 feet Is to a point of curvature; thence northerly, northwesterly and westerly along a curve to the left having a radius of 93.0 feet, tangent to the last described course, 152,19 • feet to a point of tangency; thence South 87°26'25" West 24.71 feet; thence North 1'12'15" East 232.82 feet to the northerly line of said Lot 22; thence South 88°47'45' East along the northerly line of said Lots 22 and 23, 82.67 feet to a point of curvature therein; thence northeasterly along the northerly line of said Lot 23, being a curve to the left having a radius of 333.0 feet, tangent to the last described course, 262.01 feet to a point of tangency therein, being the northwest corner of said Lot 24; thence North 46°07'25" East along a northwesterly line of said Lot, 166.58 feet to the southwesterly line of said Capitol Street; thence South 38'17'19" East along said southwesterly line 71.60 feet to a point of curvature therein; thence southeasterly, southerly and southwesterly along a westerly line of said street being a curve to the right having a radius of 183.0 , tangent to the last described course, 196.96 feet to a point of tangency therein; thence South 23°22'39" West along a westerly line of said street 138.17 feet to a point of curvature therein; thence southerly along a westerly line of said street, being a curve to the left having a radius of 1053.0 feet, tangent to the last described course, 407.70 feet to a point of tangency therein; thence South 1°1138 West along a westerly line of said street 83.56 feet to the point of beginning in the City of Elgin, Kane County, Illinois and containing 5.901 acres. All distances are given in feet and decimal parts thereof. (Property commonly known as 2410 to 2420 Alft Lane, 1640 to 1670 Capital Street, and 2445 Westfield Drive, more specifically identified by Kane County PIN Nos.: 03-31-277-044, -045, -046, - 047, -048, -049, -050, -051, -053, -054, -055, -056, -057, and -058). • Now known as: Unit A 100, Unit A 101, Unit B 100, Unit B 101, Unit C 100, Unit C5 00, Unit D 100, Unit D101, Unit D501, Unit D502, Unit E100, Unit E500, Unit E501, and Unit E900 in Courtyards on Randall Office Condominiums, as delineated an a Plat of Survey of the following Described Tract of Land: Lot 22 and a Portion of Lots 2' 24 In Westfield Business Park Plat No. 2 and a Portion of Lot 18 in Westfield Business Park, Both Being Subdivisions in a Part of the East Half of The Northeast Quarter of Section 31, Township 42 North, Range 8, East of The Third Principal Meridian, In Kane County, Illinois, Which Plat of Survey Is Attached As Exhibit "D" to the Declaration of Condominium Recorded August 14, 2006, as Document Number 2006K088622, as amended from time to time; together with its Undivided Percentage Interest in the Common Elements. (Commonly referred to as the Courtyards on Randall) (The land described in this Section 2 is herein called the "Subject Property".) Section 3. That the City Council of the City of Elgin hereby classifies the Subject Property in the PORI Planned Office Research Industrial District in accordance with the following provisions: • A. Purpose and Intent. The purpose of the PORI Office Research Industrial District • is to provide a planned industrial environment that fosters a sense of place and destination within a coordinated campus or park setting, subject to the provisions of Chapter 19.60, Planned Developments. A PORI zoning district is most similar to, but departs from the standard requirements of the ORI zoning 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 PORI 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, as amended. D. Zoning Districts — Generally. In this PORI 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, as amended. E. Land Use. In this PORI zoning 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 only permitted, conditional, and similar land uses allowed within this PORI zoning district shall be those permitted, conditional, and similar land uses listed in Chapter 19.40.100, ORI Office Research Industrial District, as it may be amended from time to time. F. Site Design. In this PORI zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.12, Site Design, of the Elgin Municipal Code, as amended, except as may be otherwise provided in this section. In this PORI zoning district, the site design regulations shall also include the following: 1. General Conditions. The following general conditions will apply to the development and maintenance of land and structures within this PORI zoning district: a. Substantial conformance to the Petitioner's Statement of Purpose and Conformance, submitted with the development application prepared by David N. Tanner, Carlson Partners, Ltd., as Attorneys and Agent for Owner, dated received October 20, 2011. b. Substantial conformance to the Proposed Landscape Setback Yard Planting Plan, dated received October 20, 2011. • C. Substantial conformance to the Courtyards on Randall Landscape Plan, dated received October 20, 2011. • d. Substantial conformance to the Landscape Maintenance and Easement Agreement between DML Enterprises of Elgin, LLC, IPC-Elgin, LLC, and Courtyards on Randall Office Condominium Association that include the parties responsible for the maintenance of the landscape yard located on the Lindley property, dated January 17, 2012. e. Compliance with all other applicable codes and ordinances. 2. Setbacks by Lot Line. In this PORI zoning district, the minimum required "building" setbacks" and "vehicle use area setbacks" from a "lot line" for a zoning lot shall be as follows: a. Building Setbacks. In this PORI zoning district, the minimum required "building setbacks" for a zoning lot shall be as follows: (1) Street Setback. The minimum required building setback from the Alft Lane "street lot line" and from the Westfield Drive "street lot line" [SR] shall be thirty-five linear feet (35'); and from Capital Street "street lot line" shall be twenty linear feet (20'). • (2) Interior Setback. The minimum required building setback from an "interior lot line" [SR] shall be twenty linear feet (20'). b. Vehicle Use Area Setbacks by Lot Line. In this PORI zoning district, the minimum required "vehicle use area setbacks" for a zoning lot shall be in accordance with § 19.40.135, unless as modified below: (1) Street Setback. The minimum required vehicle use area setback from Alft Lane and from Westfield Drive shall be twenty-five linear feet (25'), and from Capital Street shall be five linear feet (5'). (2) Interior Setback. The minimum required vehicle use area setback along interior lot lines shall be zero linear feet (0'). G. Off Street Parking. In this PORI zoning district, off street parking shall be subject to the provisions of Chapter 19.45, Off-street Parking, of the Elgin Municipal Code, 1976, as amended. H. Off Street Loading. In this PORI zoning district, off street loading shall be subject • to the provisions of Chapter 19.47, Off Street Loading, of the Elgin Municipal Code, as may be amended. I. Signs. In this PORI zoning district, signs shall be subject to the provisions of • Chapter 19.50, Signs, of the Elgin Municipal Code, as may be amended. J. Nonconforming Uses and Structures. In this PORI zoning district, nonconforming uses and structures shall be subject to the provisions of Chapter 19.52, Nonconforming Uses and Structures, of the Elgin Municipal Code, as may be amended. K. Amendments. In this PORI 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 PORI zoning district authorize such an application. L. Planned Developments. This PORI zoning district shall be subject to the provisions of Chapter 19.60, Planned Developments, of the Elgin Municipal Code, as may be amended. A conditional use for a planned development may be requested by an individual property owner for a zoning lot without requiring an amendment to this PORI zoning district and without necessitating that all other property owners authorize such an application. M. Conditional Uses. In this PORI zoning district, conditional uses shall be subject to the provisions of Chapter 19.65 Conditional Uses, of the Elgin Municipal Code, • as may be amended. A conditional use may be requested by an individual property owner for a zoning lot without requiring an amendment to this PORI zoning district and without necessitating that all other property owners authorize such an application. N. Variations. In this PORI zoning district variations shall be subject to the provisions of Sections 19.10.500, 19.12.800, and Chapter 19.70, Variations, of the Elgin Municipal Code, as may be amended. A variation may be requested by an individual property owner for a zoning lot without requiring an amendment to this PORI zoning district and without necessitating that all other property owners authorize such an application. O. Appeals. Any requirement, determination, or interpretation associated with the administration and enforcement of the provision of this ordinance may be appealed subject to the provisions of Chapter 19.75, Appeals, of the Elgin Municipal Code, as may be amended. Section 4. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. ".' - I- David J. K ain ayor • 0 Presented: March 21, 2012 uxesR�'' Passed: March 21, 2012 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: March 21, 2012 Published: March 2'), 2012 Attest: , Kimberly Dewis,- Clerk • • December 5, 2011 FINDINGS OF FACT Planning and Development Commission City of Elgin, Illinois SUBJECT Consideration of Petition 29-11 Requesting an Amendment from ORI Office Research Industrial District to the PORI Planned Office Research Industrial District, Property Located at 2410 to 2420 Alft Lane, 1640 to 1670 Capital Street, and 2445 Westfield Drive; by Carlson Partners, Ltd., as Applicants, Attorney and Agent for Owner, and IPC-Elgin, LLC as Owners. GENERAL INFORMATION Requested Action: Map Amendment Current Zoning: ORI Office Research Industrial District Proposed Zoning PORI Planned Office Research Industrial District Existing Use: Office Condominium Complex _ Property Location: 2410 to 2420 Alft Lane, 1640 to 1670 Capital Street, & 2445 Westfield Drive Applicant: Carlson Partners. Ltd.. Attorney and Asient for Owner Owner: IPC-EIo-in LLC Staff Coordinator: Denise Momodu. 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 29-11 December 5, 2011 • G. Development Application Package (see attached) H. Related Correspondence (see attached) I. Draft PORI Ordinance (see attached) J. Landscape Maintenance and Easement Agreement (see attached) BACKGROUND An application has been filed by Carlson Partners, Ltd., Attorney and Agent for Owner, requesting a map amendment from ORI Office Research Industrial District to PORI Planned Office Research Industrial District. ..The subject property is located at 2410 to 2420 Alft Lane, 1640 to 1670 Capital Street, and 2445 Westfield Drive (reference Exhibits A, B, C, D, E, and F). The property encompasses 5.9 acres of land area and is improved with the Courtyards on Randall, consisting of nine office condominium buildings and related off street parking. The. owner is requesting a map amendment to allow for a departure from the provisions of the Zoning Ordinance with respect to vehicle use area setbacks. The property was recently subdivided into two zoning lots — the subject property and the Lindley property. The resulting • interior lot line separating the two lots was recorded along the westerly edge of the existing parking lot of the subject property without the requisite vehicle use area setback of 6 feet. ' According to the Plat of Survey prepared by Western Surveying & Engineering, P.C, and dated June 15, 2009, the provided vehicle use area setback is at the edge of the parking lot. The zoning ordinance requires that a vehicle use area setback area be used as a vehicle use area landscape yard. If visible from a public right-of-way, the yard is required to be landscaped with trees, screening and ground cover. The purpose of landscaped vehicle use area interior setbacks is to provide an effective visual screen between adjoining properties and their vehicle use areas (reference Exhibits G, H, I and J). The granting of the requested departures can only be provided through a planned development approval that requires a public hearing and City Council approval. FINDINGS After due notice, as required by law, the Planning and Development Commission held a public hearing in consideration of Petition 29-11 on December 5, 2011. The applicant testified at the public hearing and presented documentary evidence in support of the application. The Community Development Department submitted a Map Amendment Review, dated November 30, 2011. • The Planning and Development Commission has made the following findings regarding this application against the standards for planned developments: - 2 - Findings of Fact Planning and Development Commission Petition 29-11 December 5,2011 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 5.9 acres of land area. The property is developed with nine condominium office buildings, related off street parking facilities, and has relatively flat topography. 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 and sanitary sewer systems. Stormwater management is provided in conformance with the standards and regulations of the City of Elgin and Kane County Stormwater Management Ordinances. -• 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 the west side of Randall Road, between Westfield Drive to the north, Alft Lane to the south, and Capital Street to the east. Randall Road is a regional arterial road serving the west side of Elgin and the surrounding communities. Westfield Drive, Alft Lane and Capital Street are local streets, serving the adjacent office and industrial land uses. Access to the property is provided via Westfield Drive, Alft Lane and Capital Street. Off street parking is provided in conformance with the Off Street Parking Ordinance. D. Zoning History Standard. The suitability of the subject property for the intended zoning district with respect to the length of time the property has remained undeveloped or unused in its current zoning district. Findings. The subject property is suitable for the intended zoning district with respect to • the length of time the property has remained undeveloped or unused in its current zoning district. - J - Findings of Fact Planning and Development Commission Petition 29-11 December 5, 2011 • The subject property was zoned as follows for the years listed: 1927: Out of City Limits 1950: Out of City Limits 1960: Out of City Limits 1961: Out of City Limits 1962: Out of City Limits 1992: M-2 General Manufacturing District Present: ORI Office Research Industrial District The subject property was annexed in 1988 as part of Westfield Park of Commerce annexation and zoned M2 General Manufacturing District. The subject property is located in the Westfield Business Park and was reclassified to ORI Office Research 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 and northwest are zoned ORI Office Research Industrial District, and have developed with a medical office building and Chase Bank Credit Card Services. The areas to the south, east and west are zoned PORI Planned Office Research and Industrial District, and have developed with manufacturing uses and medical office buildings. F. Trend of Development Standard. The suitability of the subject property for the intended zoning district with respect to consistency with an existing pattern of development or an identifiable trend of development in the area. Findings. The subject property is suitable for the intended zoning district with respect to consistency with an existing pattern of development or an identifiable trend within the area. The subject property is located within a developing office, research, and industrial area, benefitted by its close proximity to the Randall Road corridor. G. Planned Development District Standard The suitability of the subject property for the intended zoning district with respect to conformance to the provisions for the purpose and intent, and the location and size of a zoning district. • The purpose of the PORI Office Research Industrial District is to provide a planned industrial environment that fosters a sense of place and destination within a coordinated campus or park setting, subject to the provisions of Chapter 19.60, Planned Developments. - 4 - Findings of Fact Planning and Development Commission Petition 29-11 December 5, 2011 ("�• A PORI zoning district is most similar to, but departs from the standard requirements of the ORI zoning district. 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. Planned industrial districts should be located in substantial conformance to the official comprehensive plan. The amount necessary to constitute a separate planned industrial district exclusive of right of way, but including adjoining land or land directly opposite a right of way shall be less than two acres. No departure from the required minimum size of planned development district shall be granted fi-om the city council. 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 PORI Planned Office Research Industrial District. The proposed map amendment is in substantial conformance with the purpose and intent of the planned development provisions providing for a development that meets a 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. The owner is proposing to install landscape material in the amount of two times the required landscape material. However, due to the lack of a vehicle use area landscape yard on the subject property, the property owner has undertaken an agreement to install and maintain 36 new trees and 276 new shrubs on the adjacent "Lindley property" and within vehicle use area landscape yards located elsewhere on the subject property. 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. 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/Industrial" by the Comprehensive • Plan and Design Guidelines (2005). The Office/Research/Industrial designation allows for a variety of office, industrial, manufacturing, assembly, warehouse, distribution, research and development, technology, corporate and support office, and limited - 5 - Findings of Fact Planning and Development Commission Petition-29-11 December 5, 2011 • employee-serving retail uses. These activities typically locate in business parks. Appropriate locations offer direct access to the arterial street system, and are in close proximity to highways, the freeway system and interchanges. The proposed map amendment is in conformance with this designation. L 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 present at the subject property. 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 planned development is located, designed, or operated in a manner that will exercise undue detrimental influence on itself or surrounding property. The planned district ordinance is intended to prevent undue detrimental influence on the proposed internal land uses within the subject property and on surrounding properties. 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 purposes of this section, the most similar zoning district is the ORI Office Research Industrial District. The applicant is requesting the following departure from the standard requirements of the ORI Office Research Industrial District: A. Section 19.40.135: E.2.b. Vehicle Use Area Interior Setback. The ORI District requires a minimum vehicle use area setback of 6 feet for a lot this size from an interior lot line. The existing vehicle use area setback is approximately 1 foot.. Accordingly, the owner is requesting a 6 foot (100%), departure from the minimum required vehicle use area setback. B. Section 19.40.135: I3.2. Vehicle Use Area Landscape Yard. The ORI District requires that the yards established by the vehicle use area setback shall be used as the vehicle use area landscape yard. The owner is requesting a 100% departure from the minimum required vehicle use area landscape yard. - 6 - Findings of Fact Planning and Development Commission Petition 29-11 December 5, 2011 C. Section 19.12.720: B Vehicle Use Area Landscape Yard. The purpose of the vehicle use area landscape yard us to moderate the visual impact of parking lots and drive aisles by screening them from views from adjoining streets and properties. The owner is requesting a 100% departure from the minimum required vehicle use area landscape yard. 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 Positive Attributes: No evidence has been submitted or found that the proposed planned development is located, designed, or operated in a manner that will exercise undue detrimental influence on itself or surrounding property. The planned district ordinance is intended to prevent undue detrimental influence on the proposed internal land uses within the subject property and on surrounding properties. Development of the subject property will be subject to the terms and conditions of the proposed planned district zoning ordinance. The owner is proposing to mitigate the requested departures by installing two times the required landscape material amounting to 36 trees and 276 shrubs on the i • adjacent "Lindley property" and within vehicle use area landscape yards located elsewhere on the subject property. 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 recommends approval of Petition 29-11. 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 Petitioner's Statement of Purpose and Conformance, submitted with the development application prepared by David N. Tanner, Carlson Partners, Ltd., as Attorneys and Agent for Owner, dated received October 20, 2011. 2. Substantial conformance to the Proposed Landscape Setback Yard Planting Plan, dated received October 20. 2011. - 7 - Findings of Fact Planning and Development Commission Petition 29-11 December 5, 2011 t 3. Substantial conformance to the Courtyards on Randall Landscape Plan, dated received October 20, 2011. 4. Substantial conformance to the Landscape Maintenance and Easement Agreement between DML Enterprises of Elgin, LLC, IPC-El,n, LLC, and Courtyards on Randall Office Condominium Association that include the parties responsible for the maintenance of the landscape yard located on the Lindley property. 5. Compliance with all other applicable codes and ordinances. Therefore, the motion to recommend approval of Petition 29-11 was adopted. Respectfully submitted: s/Robert Siljestrom Robert Siljestrom, Chairman Planning and Development Commission s/ Sarosh Saber Sarosh Saber, Secretary Planning and Development Commission - 8 -