G14-13 Ordinance No. G14-13
AN ORDINANCE
GRANTING A MAP AMENDMENT FROM
CC2 CENTER CITY DISTRICT TO
PCC PLANNED CENTER CITY DISTRICT
(101 North State Street)
WHEREAS, written application has been made requesting a map amendment from CC2
Center City District to PCC Planned Center City District; and
WHEREAS, the Planning and Zoning Commission conducted a public hearing after due
notice by publication and has submitted its findings of fact and recommended approval; and
WHEREAS, the City Council of the City of Elgin concurs in the findings and
recommendation of the Planning and Development Commission.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1. That the City Council of the City of Elgin hereby adopts the Findings of
Fact, dated July 2, 2012, made by the Planning and Zoning Commission heretofore referred to as
Exhibit A.
Section 2. That Chapter 19.08, Section 19.08.020 entitled Zoning District map of the
Elgin Municipal Code, as amended, be and the same is hereby further amended by adding thereto
the following paragraph:
The boundaries hereinafter laid out in the Zoning District Map, as amended, be and are
hereby altered by including in the Planned CC2 Center City District the following
described property:
That part of the northerly 2/3 of lot 9 and all of lots 10, 11, 12, 13, 14, 15, 16, 17, 18, 19,
20 and the southerly 18 feet of lot 21 in block 23 of the original town of Elgin, on the
west side of the fox river, lying westerly of the westerly right of way of the Chicago,
Milwaukee, St. Paul and Pacific Railroad Company, in the city of Elgin, Kane County,
Illinois;
P.I.N. 06-14-261-009
(Property commonly known as 101 North State Street).
Section 3. That the City Council of the City of Elgin hereby grants the rezoning from
CC2 Center City District to PCC Planned Center City District for the property commonly known
as 101 North State Street, and legally described above, which shall be designed, developed, and
operated subject to the following provisions:
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A. Purpose and Intent. The purpose and intent of the PAB zoning district is to provide a
planned commercial environment, subject to the provisions of Chapter 19.60 Planned
Developments, of the Elgin Municipal Code, 1976, as amended.
B. Supplementary Regulations. Any word or phrase contained herein, followed by the
symbol "[SR]", shall be subject to the definitions and the additional interpretive
requirements provided in Chapter 19.90, Supplementary Regulations of the Elgin
Municipal Code, 1976, as amended. The exclusion of such symbol shall not exempt such
word or phrase from the applicable supplementary regulation.
C. General Provisions. In this PCC zoning district, the use and development of land and
structures shall be subject to the provisions of Chapter 19.05, General Provisions of the
Elgin Municipal Code, 1976, as amended.
D. Zoning Districts - Generally. In this PCC zoning district, the use and development of
land and structures shall be subject to the provisions of Chapter 19.07, Zoning Districts of
the Elgin Municipal Code, 1976, as amended.
E. Location and Size of District. This PCC zoning district should be located in substantial
conformance to the official comprehensive plan. The amount of land necessary to
constitute a separate PCC zoning district exclusive of rights-of-way, but including
adjoining land or land directly opposite a right of way shall not be less than two acres.
F. Land Use. In this PCC 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, 1976, as amended.
G. Permitted Uses. The following enumerated land uses shall be the only land uses allowed
as a permitted use in this PCC Planned Center City District:
Municipal Services Division.
1. "Municipal facilities" [SR] (UNCL).
2. "Public parks, recreation, open space" [SR] (UNCL).
Public Administration Division.
3. Public administration(J).
4. Justice,public order, and safety (92).
Finance, Insurance, and Real Estate Division.
5. "Development sales office" [SR] (UNCL).
Services Division.
6. Museums, art galleries and botanical and zoological gardens (841).
7. Public Libraries (823).
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Construction Division.
8. "Contractors office and equipment areas" [SR] (UNCL).
Transportation, Communication and Utilities Division.
9. "Commercial antennas and antenna structures mounted on existing structures"
[SR] (UNCL).
10. "Radio and television antennas" [SR] (UNCL).
11. "Satellite dish antennas" [SR] (UNCL).
12. "Treatment, transmission, and distribution facilities: poles, wires, cables,
conduits, laterals, vaults, pipes, mains, and valves" [SR] (UNCL).
Miscellaneous Uses Division.
13. "Fences and walls" [SR] (UNCL).
14. "Loading facilities" [SR] (UNCL), exclusively "accessory" [SR], subject to the
provisions of Chapter 19.47, Off Street Loading.
15. "Parking lots" [SR] (UNCL), exclusively "accessory" [SR] to a use allowed in this
PCC zoning district, subject to the provisions of Chapter 19.45, Off Street
Parking.
16. "Parking structures" [SR] (UNCL), exclusively "accessory" [SR] to a use allowed
in this PCC zoning district, subject to the provisions of Chapter 19.45, Off Street
Parking.
17. "Refuse collection area" [SR].
18. "Storage Tanks" [SR] (UNCL).
19. "Signs" [SR] (UNCL), subject to the provisions of Chapter 19.50, Signs.
20. "Temporary uses" [SR] (UNCL).
21. "Accessory structures" [SR] (UNCL) to the permitted uses allowed in this PCC
Planned Center City District, subject to the provisions of Section 19.12.500,
Accessory Structures and Buildings, and an historical artifact windmill structure.
22. "Accessory uses" [SR] (UNCL) to the permitted uses allowed in this PCC
Planned Center City District, subject to the provisions of Section 19.10.400,
Component Land Uses.
H. Conditional Uses. The following enumerated land uses shall be the only land uses
allowed as a conditional use in this PCC Planned Center City District:
Services Division.
1. Arenas, sports fields, and stadiums (UNCL).
2. Sporting and recreational camps (7032).
Mining Division.
3. "Temporary mining" [SR] (UNCL).
Transportation, Communication and Utilities Division.
4. "Conditional commercial antennas and antenna structures mounted on existing
structures" [SR] (UNCL).
5. "Conditional Commercial Antenna Tower" [SR] (UNCL).
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6. Electric power generation(UNCL).
7. Local and suburban passenger transportation operators (411).
8. Local and suburban transit and interurban highway passenger transportation
facilities for passenger boarding (417).
9. "Other radio and television antennas" [SR] (UNCL).
10. "Other satellite dish antennas" [SR] (UNCL).
11. Pipelines, except natural gas (461).
12. Refuse systems (4953).
13. "Treatment, transmission, and distribution facilities: equipment, equipment
buildings,towers, exchanges, substations, regulators" [SR] (UNCL).
Miscellaneous Uses Division.
14. "Master signage plan" [SR], subject to the provisions of Chapter 19.50, Signs.
15. "Parking lots" [SR] (UNCL), subject to the provisions of Chapter 19.45, Off-
Street Parking.
16. "Parking structures" [SR] (UNCL).
17. "Planned developments" [SR] on a "zoning lot" [SR] containing less than two
acres of land, subject to the provisions of Chapter 19.60, Planned Developments.
18. "Accessory structures" [SR] (UNCL) to the conditional uses allowed in this PCC
Planned Center City District, subject to the provisions of Section 19.12.500,
Accessory Structures and Buildings.
19. "Accessory uses" [SR] (UNCL) to the conditional uses allowed in this PCC
Planned Center City District, subject to the provisions of Section 19.10.400,
Component Land Uses.
Site Design. In this PCC Planned Center City District, the use and development of land
and structures shall be subject to the provisions of Chapter 19.12, Site Design, of the
Elgin Zoning Ordinance and Chapter 19.60, Planned Developments, of the Elgin
Municipal Code, 1976, as amended, and as provided in this ordinance. In this PCC
District, the use and development of land and structures shall be subject to the following
conditions:
1. Substantial conformance to the Petitioner's Statement of Purpose and
Conformance and Attachments, submitted with the development application,
prepared by the Elgin Area Historical Society, and dated received June 4, 2012.
2. Substantial conformance to the architectural plans and drawings entitled "EHS
Windmill, Foundry Park, Elgin, IL 60123," Sheets G1-1, A1-1, Al-2, prepared by
Allen Pepa Architects, and dated June 13, 2012 and last revised on February 7,
2013.
3. Substantial conformance to the proposal for interpretive signage located in the
vicinity of the structure and entitled "Elgin Windmill Public Interpretive Site" as
outlined in the Neighborhood Improvement Grant Program — Sustainable
Neighborhood Project Fund Agreement, approved by the Elgin Sustainability
Commission, and dated April 23, 2012.
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4. Execution of a city property encroachment license agreement that outlines the
responsibilities of the Society and City of Elgin in a form approved by the city's
corporation counsel for the installation and maintenance of the proposed
windmill.
5. Compliance with all other applicable codes and ordinances.
J. Off-street Parking. Except as otherwise provided within this section, in this PCC zoning
district, off-street parking shall be subject to the provisions of chapter 19.45, Off Street
Parking, of the Elgin Municipal Code, as amended.
K. Off-street Loading. In this PCC zoning district, off-street loading shall be subject to the
provisions of Chapter 19.47, Off-street Loading, of the Elgin Municipal Code, 1976, as
amended.
L. Signs. In this PCC zoning district, signs shall be subject to the provisions of Chapter
19.50, Signs, of the Elgin Municipal Code, 1976, as amended.
M. Planned Developments. In this PCC zoning district, the use and development of the land
and structures shall be subject to the provisions of Chapter 19.60, Planned Developments,
of the Elgin Municipal Code, 1976, as amended.
N. Conditional Uses. In this PCC zoning district, application for conditional uses shall be
eisa'` subject to the provisions of Chapter 19.65, Conditional Uses, of the Elgin Municipal
Code, 1976, as amended. An application for conditional use may be filed by an
individual property owner without necessitating that all other property owners in the
development authorize such application.
O. Variations. In this PCC zoning district, application for variation shall be subject to the
provisions of Chapter 19.70, Variations, of the Elgin Municipal Code, 1976, as amended.
An application for variation may be filed by an individual property owner without
necessitating that all other property owners in the development authorize such
application.
P. Subdivisions-Generally. The subdivision of the subject property and development thereof
shall comply with the subdivision regulations of the city, as amended, and the Plat Act of
the State of Illinois.
Q. Appeals. Any requirement, determination, or interpretation associated with the
administration and enforcement of the provisions of this ordinance may be appealed
subject to the provisions of Chapter 19.75, Appeals, of the Elgin Municipal Code, 1976,
as amended.
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Section 4. That this ordinance shall be in full force and effect immediately after its
rpassage in the manner provided by law.
Ai file,A4A 40 AP
avid J. Ka.tain, M 7(or
Presented: February 27, 2013
Passed: February 27, 2013
Omnibus Vote: Yeas: 6 Nays: 0 ... .,,_
Recorded: February 27, 2013 ....ELGj"�.
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Published: February 29, 2013 „slum*�:-.
Attest: "" 1C2,--
‘gaiX,64G Z)16"'‘A
Kimberly Dewis, ty Clerk
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July 2, 2012
PLANNING AND ZONING COMMISSION
Recommendation and Findings of Fact
Planning and Zoning Commission City of Elgin
OVERVIEW
The Elgin Area Historical Society, requests a planned development as a map amendment to permit the
installation of an historical windmill on property owned by the City of Elgin.
GENERAL INFORMATION
Petition Number: 24-12
Recommendation: APPROVE, (See Recommendation Detail)
Applicant: Elgin Area Historical Society
Owner: City of Elgin
Staff Coordinators: Sarosh Saher, AICP; Senior Planner
List of Exhibits: A. —Aerial Photo/Location Map
B. —Zoning Map
C. —Parcel Map
D. — Site Location and Photos
E. — Statement of Purpose and Attachments
F. —Draft Zoning Ordinance
G. —Related Correspondence
H. —Transcripts _
BACKGROUND & PROJECT DETAIL
An application has been filed by Elgin Area Historical Society, seeking a plan development as a map
amendment in the CC2 Center City District and CF Community Facility District. The property is
located at 101 North State Street.
The applicant is proposing to erect an accessory structure in the form of an Elgin-built traditional
windmill on the subject property. The structure will be approximately 65 feet in height. Planned
development approval is required to allow the structure to be erected without a principal building on the
property.
Exhibit A
Findings of Fact Planning and Zoning Commission
Petition: 24-12 July 2, 2012
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FINDINGS OF FACT
After due notice, as required by law, the Planning & Zoning Commission held a public hearing in
consideration of Petition 24-12 on July 2, 2012. 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 July 2, 2012.
The Planning & Zoning Commission has made the following findings regarding this application against
the standards for planned developments:
A. Site Characteristics Standard. The suitability of the subject property for the intended zoning
district with respect to its size, shape, significant natural features (including topography,
watercourse and vegetation), and existing improvements.
Findings. The subject property is suitable for the amendment to the zoning district with respect
to the site characteristics standard.
The subject property is a parcel containing approximately 4.48 acres of land and is rectangular in
shape. The southerly two-thirds portion of the property is flat with no significant natural
features. The northerly third of the property is developed with a community park consisting of
planned landscape and water features.
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 amendment to the zoning district with respect
to the sewer and water standard.
The subject property is served with municipal sanitary sewer and water systems.
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 amendment to the zoning district with respect
to the traffic and parking standard.
The subject property has frontage along North State Street, a regional arterial road serving the
north and south sides of Elgin and the surrounding communities. Other street frontages include
Kimball Street to the north and Highland Avenue to the south that function as collector streets
connecting the east and west side of Elgin by means of pedestrian and vehicular bridges across
the Fox River.
Page 2 of 7
Findings of Fact Planning and Zoning Commission
Petition: 24-12 July 2, 2012
The Iowa Chicago and Eastern Railroad runs along the eastern boundary of the subject property
and provides for freight rail and commuter rail access between Elgin and communities
throughout the Midwest.
The subject property has no vehicular point of access. A single pedestrian path provides
pedestrian and bicycle access to the subject property between Kimball Street and Highland
Avenue. No parking is available or proposed on the property.
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 amendment to the zoning district with respect
to the length of time the property has remained undeveloped or unused in its current zoning
district.
The subject property was added to Elgin as part of William C. Kimball's Plat of the West Side of
Elgin in 1843. The property was developed with a number of industrial and commercial uses
most notably the Woodruff& Edwards Company Foundry and Warehouse, the Elgin Butter Tub
Company and the Elgin Wind Power and Pump Company, the latter being located approximately
at the junction of Mountain Street and North State Street. The warehouse of the company
continues to remain at what is commonly known as 202 Mountain Street (Heider Electric
Company Building).
The building on the subject property was most recently occupied by the manufacturing facility of
Lipton Foods Inc. and Unilever Best Foods, Inc. and was demolished in 2006.
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 amendment to the zoning district with respect
to consistency and compatibility with surrounding land use and zoning.
The area to the north of the subject property, across Kimball Avenue is zoned CF Community
Facility District, and is vacant.
The area located to the west of the subject property is zoned CC2 Center City District and is
developed with a mix of commercial and light industrial uses.
The area located to the east of the subject property and across the Fox River is zoned CF
Community Facility District and comprises of Elgin's civic campus.
The area located to the south of the subject property is zoned CC1 Center City District and is
developed with commercial uses within the core of Elgin's center city.
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Findings of Fact Planning and Zoning Commission
Petition: 24-12 July 2, 2012
rk 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 amendment to the zoning district with respect
to consistency with an existing pattern of development or an identifiable trend within the area.
The subject property is located in an area that has traditionally developed with a mix of
commercial and light industrial uses.
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 applicant is requesting approval of a planned development in the existing CC2 Center City
District to be able to erect the Elgin-built windmill in proximity to the location where it was
originally manufactured. The purpose and intent of the provisions for planned developments is
to accommodate unique development situations, which require departures from the requirements
of the underlying zoning ordinance.
Findings. The subject property is suitable for the intended zoning district with respect to
C conformance to the provision of the purpose and intent, and the location and size of a CC2
Center City District.
The subject property is zoned CC2 Center City District and CF Community Facility District.
The windmill is proposed to be located approximately 300 feet north of Highland Avenue, and
approximately 65 feet east of North State Street. The structure will be erected in a location that
will contain the structure within the vacant portion of the property in the event of a collapse.
The proposed windmill will not be used to pump water, but solely as an interpretive exhibit. The
applicant additionally proposes to develop the location of the site of the windmill as an
educational site highlighting wind power and water power along the Fox River.
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 amendment to the zoning district with respect
to the Comprehensive Plan Standard.
The subject property is designated "Community Mixed-Use" in the City's Comprehensive Plan
and Design Guidelines dated 2005. Community Mix-Use Centers provide focus, identity, and
convenient goods and services, as well as some employment, for a number of surrounding
neighborhoods in a larger trade area. The ideal community mixed-use center should be between
30-100 acres of commercial, office, entertainment, medium density residential, and institutional
uses accessed by arterial streets and transit service. The center would have parcels and buildings
Page 4 of 7
Findings of Fact Planning and Zoning Commission
Petition: 24-12 July 2, 2012
rak scaled to pedestrians, small enough to encourage parking once and walking to more than one
destination. Off-street parking is shared and on-street parking helps to contribute to the intimate
scale of well-functioning pedestrian environments. Parking located between and behind building
permits people too walk more safely and comfortably between uses that front sidewalks rather
than large parking lots. Seating and shade along pedestrian routes promotes walking and
informal gathering.
Downtown Elgin functions as a unique community mixed-use center within the planning area. It
is the historic and traditional heart of the community. Recommended land uses include a
compatible mix of residential (30+ du/ac), employment, educational, civic, and office uses,
combined with a cultural and entertainment center focus that extends activities throughout the
day. Pedestrian, bicycle, transit and vehicular circulation systems are coordinated and efficient.
Streets and places are designed to encourage pedestrian activity. Buildings and structures of
historic or architectural value are maintained in active service, where feasible.
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 amendment to the planned development with
respect to the Natural Preservation Standard.
There are no significant natural features within the immediate vicinity of the location of the
windmill on the subject property. The northerly third of the property is developed with a
community park known as Foundry Park, which will not be impacted by the proposal.
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 amendment to the planned development with
respect to the internal land use standard.
The approximately 65 foot high windmill is proposed to be located in such a manner to prevent
minimal impact on the subject property or surrounding property in the event of a collapse. The
applicant will take measures to secure the support structure from unauthorized climbers. No
additional evidence has been submitted or found that the proposed structure will be located,
designed, or operated in a manner that will exercise undue detrimental influence on itself or
surrounding property.
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Page 5of7
Findings of Fact Planning and Zoning Commission
Petition: 24-12 July 2, 2012
ruk 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 this section, the most similar
zoning district is the CC2 Center City District.
The applicant is requesting the following departures from the standard requirements of the CC2 Center
City District
A. Section 19.90.015: Definitions and Regulations. The zoning ordinance requires that an
accessory structure shall be established and maintained only in conjunction with a "principal
use" on the zoning lot. The zoning ordinance additionally requires that an accessory structure be
subordinate in purpose to, and not be constructed, used, or occupied prior to the construction, use
and occupancy of the "principal building." The applicant is proposing the erection of an
accessory structure without a principal building on the zoning lot.
B. 19.12.500 C. Height of Accessory Structures and Buildings. The zoning ordinance requires
that the height of accessory structures and buildings shall not exceed the height of the principal
building. The applicant is proposing the erection of an accessory structure without a principal
building on the zoning lot.
UNRESOLVED ISSUES
Staff is not aware of any unresolved issues.
ALTERNATIVES
There are no substantive alternatives to the proposal other than an approval with no conditions, approval
with additional conditions, or denial.
RECOMMENDATION
The Planning & Zoning Commission recommends approval of Petition 24-12. On a motion to
recommend approval, subject to the following conditions, the vote was six (6) yes and zero (0) no.
1. Substantial conformance to the Petitioner's Statement of Purpose and Conformance and
Attachments, submitted with the development application, prepared by the Elgin Area
Historical Society, and dated received June 4, 2012.
2. Substantial conformance to the architectural plans and drawings entitled "EHS Windmill,
Foundry Park, Elgin, IL 60123," Sheets G1-1, Al-1, Al-2, prepared by Allen Pepa
Architects, and dated June 13, 2012.
elk 3. Compliance with all other applicable codes and ordinances.
Page 6 of 7
Findings of Fact Planning and Zoning Commission
Petition: 24-12 July 2, 2012
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Respectfully Submitted,
1 op '
Sarosh Saher, AICP
Senior Planner
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