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G26-16Ordinance No. G26 -16 AN ORDINANCE AMENDING TITLE 19 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "ZONING" TO AMEND THE AREAS OF SPECIAL CHARACTER TO INCLUDE THE GRAND VICTORIA CASINO PROPERTY (250 and 255 South Grove Avenue) WHEREAS, written application has been made to amend the Elgin zoning ordinance to amend the areas of special character to provide for special street graphics not otherwise allowed by the zoning ordinance; and WHEREAS, the Planning and Zoning Commission held a public hearing on April 4, 2016, concerning the proposed amendments after due notice in manner provided by law; and WHEREAS, the Community Development Department and the Planning and Zoning Commission have submitted their Findings of Fact concerning said amendments, attached hereto as Exhibit A; and WHEREAS, the Community Development Department and the Planning and Zoning Commission recommend approval of said amendments; and WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Community Development Department and the Planning and Zoning Commission; and WHEREAS, the City of Elgin is a home rule unit and as a home rule unit may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, zoning, including, but not limited to this ordinance to amend the areas of special character pertain to the government and affairs of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. The properties commonly known as 250 and 255 South Grove Avenue be included within an area of special character, such properties being legally described as follows: PARCEL 1: LOTS 1 THROUGH 14, BOTH INCLUSIVE, IN BLOCK 3 OF O. DAVIDSON'S ADDITION TO ELGIN, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. PARCEL 2: LOTS 1 THROUGH 11 AND 18 THROUGH 28, ALL INCLUSIVE, IN BLOCK 2 OF O. DAVIDSON'S ADDITION TO ELGIN, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. ALSO LOTS 1 THROUGH 12 AND THE VACATED ALLEY LYING NORTHWESTERLY LINE OF SAID LOTS 1 TO 10 INCLUSIVE AND SOUTHEASTERLY OF THE SOUTHEASTERLY LINE OF SAID LOTS 11 AND 12 IN BLOCK C OF DAVIDONS'S GROVE AVENUE SUBDIVISION, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. PARCEL 3: THAT PART OF VACATED WELLINGTON AVENUE LYING IN PART OF THE SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 41 NORTH RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN LYING NORTHERLY OF THE NORTHERLY RIGHT OF WAY OF NATIONAL STREET AND SOUTHERLY OF A LINE DRAWN FROM THE INTERSECTION OF THE SOUTHERLY RIGHT OF WAY LINE OF LAKE STREET WITH THE WESTERLY RIGHT OF WAY OF WELLINGTON AVENUE, NORTHEASTERLY TO A POINT ON THE NORTHERLY LINE OF LOT 15, BLOCK. 2 OF RAILROAD ADDITION TO ELGIN, SAID POINT BEING 72.75 FEET SOUTHWESTERLY OF (AS MEASURED ALONG SAID NORTHERLY LINE) THE NORTHEAST CORNER OF SAID LOT 15, BEING SITUATED IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. PARCEL 5: EASEMENT AGREEMENT MADE BY THE KANE COUNTY FOREST PRESERVE, TO THE CITY OF ELGIN, FOR AN UNDERGROUND, ABOVE GROUND EASEMENT, AND A CONSTRUCTION EASEMENT FOR INGRESS AND EGRESS FOR USES ASSOCIATED WITH A RIVERBOAT GAMBLING SITE, INCLUDING PARKING, SERVICE, MAINTENANCE, STRUCTURAL SUPPORT AND PEDESTRIAN AND VEHICULAR TRAFFIC RECORDED SEPTEMBER 21, 1993 AS DOCUMENT NUMBER 93K72210. Section 2. That Section 19.50.105 of the Elgin Municipal Code, 1976, as amended, Entitled "Areas Of Special Character ", Subsection A, be and is hereby further amended by adding the following additional Subsection 6 thereto to read as follows: "6. The Grand Victoria Casino at 250 and 255 South Grove Avenue comprising of 10.84 acres bounded by the Fox River on the West, Lake Street on the North, National Street on the South and the Union Pacific Railroad Company right -of- way on the East, that property as described in Ordinance G27 -16." Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed to the extent of any such conflict. -2- Section 4. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. David J. Kapf6rh, Ndyor Presented: May 25, 2016 Passed: May 25, 2016 Omnibus Vote: Yeas: 8 Nays: 0 Recorded: May 25, 2016 Published: May 26, 2016 Attest: xx�x (ta4 Oewo Kimberly Dewis, City Clerk BE April 4, 2016 PLANNING AND ZONING COMMISSION Recommendation and Findings of Fact Text Amendment Planning & Zoning Commission City of Elgin, Illinois SUMMARY OF AMENDMENT Amend the text of the zoning ordinance to establish the "Grand Victoria Casino' Area of Special Character. GENERAL INFORMATION Petition Number: 09 -16 Requested Action: Approval Affected Section(s): Title 19, Zoning, of the Elgin Municipal Code; Chapter 19.50.105 Areas of Special Character; Section 19.50.105.A. Designated Applicant: City of Elgin Staff Coordinator: Sarosh B. Saber, AICP, Senior Planner LIST OF EXHIBITS Proposed language to amend Chapter 19.50.105 — Areas of Special Character BACKGROUND Grand Victoria Casino is requesting an amendment of Title 19 "Zoning" of the Elgin Municipal Code, specifically Chapter 19.50 "Street Graphics" to establish an Area of Special Character at the property commonly referred to as 250 and 255 South Grove Avenue. The properties and structures that will be subject to these regulations include the pavilion, river boat, parking areas and open spaces. Grand Victoria Casino proposes to replace all exterior graphics on the property with the intention of updating them through a program for graphics that will assist with wayfinding and marketing. Approval is requested under four categories: Exhibit A Findings of Fact Petition 09 -16 Planning & Zoning Commission April 4, 2016 1. Replacement of current wayfinding and branding graphics with similar graphics that are proposed to meet the requirements of the graphics ordinance for surface area and height, but in a new updated design 2. Installation of LED electronic changeable copy graphics at two locations on the property: • One LED graphic at the corner of National Street and Grove Avenue containing an electronic message board of 60 sq.ft. • Two LED graphics on the pedestrian bridge connecting the parking garage to the pavilion — one on each side (facing northbound and southbound Grove Avenue) — and each containing an electronic message board of 60 sq.ft. 3. Removal of existing graphics that are no longer needed, or where the graphic would be more effective in a different location on the property 4. Installation of temporary graphics at two locations, one location which, on the pedestrian bridge, is proposed as an alternative to the LED sign proposed at the same location. Electronic changeable copy graphics are only permitted on zoning lots with frontage along Randall Road, along the northerly end of Rt 31, or within areas of special character established for the purpose of providing appropriate flexibility for the construction of graphics that would not otherwise be allowed by the ordinance. Areas of special character were first provided for in 2007 when properties around the intersection of Randall Road and I -90 were given the ability to display information about their businesses on electronic changeable copy graphics containing electronic display (LED) panels. The city has since established four areas of special character as follows: 1. The Randall/90 Auto Mall located at the northwest corner of Randall Road and I -90 2. The Randall Road/I -90 area consisting of properties with frontage along I -90 and/or Randall Road and commonly referred to by their subdivision name. These include: a. Randall Point Executive Center Subdivision b. Randall Point Executive Center II Subdivision c. 1707 North Randall Road occupied by John B. Sanfilippo and Son, Inc. (Fisher Corporate Center) d. Randall Point West Subdivision e. The Grove Subdivision f. Rieke Office Interiors located at 2000 Fox Lane g. Capital Corporate Center Subdivision The Route 19 /East Chicago Street — comprising of the motor vehicle dealers on zoning lots greater than four (4) acres and located between Willard Avenue and Shales Parkway. 4. The community college district 509, commonly referred to as "Elgin Community College" for its 179 acre campus located at 1700 Spartan Drive. Page 2 of 3 Findings of Fact Petition 09 -16 Planning & Zoning Commission April 4, 2016 5. The Elgin Sports Complex at 709 Sports Way comprising of approximately 496 acres of land and located along the south side of U.S. Highway 20 between State Street (Route 31) and McLean Boulevard. The Grand Victoria Casino located at 250 and 255 South Grove Avenue is located in downtown Elgin. The Casino wishes to be designated within an area of special character to be allowed to construct the intended electronic changeable copy graphic. The applicant is concurrently requesting approval of special regulations that will govern the location, design and operation of the intended graphic on the subject property. FINDING OF FACT On the proposed amendment to the text of the zoning ordinance, the Planning & Zoning Commission finds that the text amendment: 1. Will enhance the effectiveness of the zoning ordinance 2. Will provide additional flexibility to the Grand Victoria Casino without risking the existing character downtown Elgin, and will provide the city council with additional flexibility to approve such graphic types for the property 3. Will not negatively affect city efforts to promote a positive image. RECOMMENDATION The Planning and Zoning Commission hereby recommends approval of Petition 09 -16. On a motion to recommend approval of Petition 09 -16, the vote of the Planning and Zoning Commission was five (5) yes and zero (0) no and one (1) abstention. Respectfully Submitted, s/ Robert Siliestrom Robert Siljestrom, Chairman Planning and Zoning Commission s/ Sarosh Saber Sarosh B. Saber, AICP, Secretary Planning and Zoning Commission Page 3 of 3 KHIBITA Aerial /Location Map N W+ 6 Map prepared by City of Elgin o 62.5 125 zso 375 500 Fe t Department of Community Development Nq N1111 Subject Property Petition 09 -16 Legend RC1 Residence Conservation 1 RC2 Residence Conservation 2 = RC3 Residence Conservation 3 • C QPRC Planned Residence Conservation SFR1 Single Family Residence 1 PSFR1 Planned Single Family Residence 1 SFR2 Single Family Residence 2 FR,P O PSFR2 Planned Single Family Residence 2 TRF Two Family Residence O PTRF Planned Two Family Residence O MFR Multiple Family Residence O PMFR Planned Multiple Family Residence RB Residence Business OPRB Planned Residential Business ® NB Neighborhood Business - PNB Planned Neighborhood Business - AB Area Business - PAR Planned Area Business - CC1 Center City 1 - CC2 Center City 2 -PCC Planned Center City -ORI Ott. Research Industrial - PORI Planned Office Research Industral MFR - GI Gane21 Industrial - PGI Planned General Industrial Cl Commercial Industrial - CF Community Facility - PCF Planned Community Facility FRP Fox River Preservation XHIBITB Zoning Map N W E s Map prepared by City of Elgin 0 90 180 360 540 720 Department of Community Development Feet " sk Vae l If" 0613359040 G„ o` 0613358013 -)I� A Nati� °�a, St hp, sf Subject Property Petition 09 -16 :XHBIITC Parcel Map N City of Elgin o ao ao tso 240 ago Department of Community Development Feet SITE LOCATION EXHIBIT 250 and 255 South Grove Ave Petition 09 -16 Site Location Aerial View SITE LOCATION EXHIBIT 250 and 255 South Grove Ave Petition 09 -16 View of property looking southwest View of surrounding property looking Southeast View of LED Graphic Location View of property looking North