G36-16 Ordinance No. G36-16
AN ORDINANCE
GRANTING A MAP AMENDMENT FROM AB AREA BUSINESS DISTRICT
TO PORI PLANNED OFFICE RESEARCH INDUSTRIAL DISTRICT
(2701 Galvin Drive)
WHEREAS, written application has been made to reclassify certain property located at
2701 Galvin Drive, which property is legally described herein (the "Subject Property"), from AB
Area Business District to PORI Planned Office Research Industrial District; and
WHEREAS, the Planning and Zoning Commission conducted a public hearing on July 5,
2016 following due notice by publication; and
WHEREAS, the Community Development Department and the Planning and Zoning
Commission have submitted their findings of fact concerning said application; and
WHEREAS, the Community Development Department and the Planning and Zoning
Commission recommend approval of said application, subject to the conditions articulated below;
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 preform any function pertaining to its government and affairs; and
WHEREAS, zoning, including but not limited to, this ordinance approving a planned
development and granting the departures below from the Elgin Zoning Ordinance, 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. That the City Council of the City of Elgin hereby adopts the Findings of Fact,
dated July 5, 2016, made by the Community Development Department and the Planning and
Zoning Commission, a copy of which is attached hereto and made a part hereof by reference 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 PORI Planned Office Research Industrial District, the
following described property:
THAT PART OF THE WEST HALF OF THE SOUTHEAST QUARTER OF
SECTION 19, TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD
PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTER OF SAID SECTION 19; THENCE NORTH
89 DEGREES 35 MINUTES 11 SECONDS EAST ALONG THE NORTH LINE
OF SAID SOUTHEAST QUARTER, A DISTANCE OF 962.02 FEET; THENCE
SOUTH 00 DEGREES 03 MINUTES 03 SECONDS EAST ALONG A LINE
PARALLEL WITH AND 375.00 FEET WEST OF THE EAST LINE OF THE
WEST HALF OF SAID SOUTHEAST QUARTER, A DISTANCE OF 54.38
FEET TO THE SOUTH RIGHT-OF-WAY LINE OF ILLINOIS ROUTE 72
(HIGGINS ROAD) AS DEDICATED PER DOCUMENT 97K058994 AND
97K058995 AND THE POINT OF BEGINNING; THENCE SOUTH 00
DEGREES 03 MINUTES 03 SECONDS EAST ALONG SAID PARALLEL
LINE,A DISTANCE OF 1089.45 FEET TO THE NORTH LINE OF A 41 FOOT
RIGHT-OF-WAY DEDICATED PER DOCUMENT 2015K063352; THENCE
SOUTH 89 DEGREES 45 MINUTES 59 SECONDS WEST ALONG SAID
NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 892.09 FEET TO THE
EAST RIGHT-OF-WAY LINE OF GALVIN DRIVE AS DEDICATED PER
DOCUMENT 96K081139; THENCE NORTHERLY ALONG SAID EAST
RIGHT-OF-WAY OF GALVIN DRIVE FOR THE FOLLOWING 5 COURSES:
1) THENCE NORTH 00 DEGREES 14 MINUTES 50 SECONDS WEST, A
DISTANCE OF 238.60 FEET TO A POINT OF CURVATURE; 2) THENCE
NORTHERLY ALONG A CURVE CONCAVE TO THE SOUTHEAST
HAVING A RADIUS 760.00 FEET SUBTENDING A CHORD BEARING
NORTH 09 DEGREES 36 MINUTES 53 SECONDS EAST, AN ARC
DISTANCE OF 261.63 FEET TO A POINT OF TANGENCY; 3) THENCE
NORTH 19 DEGREES 28 MINUTES 37 SECONDS EAST, A DISTANCE OF
185.20 FEET TO A POINT OF CURVATURE; 4) THENCE NORTHERLY
ALONG A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS
OF 847.50 FEET SUBTENDING A CHORD BEARING NORTH 09 DEGREES
31 MINUTES 51 SECONDS EAST, AN ARC DISTANCE OF 294.23 FEET TO
A POINT OF TANGENCY; 5) THENCE NORTH 00 DEGREES 24 MINUTES
54 SECONDS WEST,A DISTANCE OF 129.15 FEET TO THE SOUTH RIGHT-
OF-WAY LINE OF SAID ILLINOIS ROUTE 72 (HIGGINS ROAD); THENCE
NORTH 89 DEGREES 35 MINUTES 11 SECONDS EAST ALONG SAID
SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 739.40 FEET TO SAID
PARALLEL LINE AND THE POINT OF BEGINNING, IN KANE COUNTY,
ILLINOIS (WHICH PROPERTY IS COMMONLY REFERRED TO AS 2701
GALVIN DRIVE AND BY KANE COUNTY PARCEL IDENTIFICATION
NUMBER 03-19-400-026).
Section 3. That the City Council of the City of Elgin hereby grants the rezoning from AB
Area Business District to PORI Planned Office Research Industrial District for the property
commonly referred to as 2701 Galvin Drive,which is legally described above, and which shall be
designed, developed, and operated subject to the following provisions:
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i
A. Purpose and Intent. The purpose of the PORI Planned Office Research Industrial
District is to provide an industrial environment that fosters a sense of place and
destination within a coordinated campus or park setting through the applicable site
design regulations, subject to the provisions of Chapter 19.60, Planned
Developments, of the Elgin Municipal Code, as amended. 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 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 PORI Planned Office Research Industrial
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. Location and Size of District. The PORI Planned Office Research Industrial
District should be located in substantial conformance to the official comprehensive
plan. The amount of land necessary to constitute a separate PORI 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. No departure from the required minimum size
of a planned district shall be granted by the City Council.
F. Land Use. In this PORI Planned Office Research Industrial District, the use and
development of land and structures shall be subject to the provisions of Chapter
19.10, Land Use, of the Elgin Municipal Code as amended. The following
enumerated "land uses" [SR] shall be the only land uses allowed as a "permitted
use" [SR] or as a "conditional use" [SR] in this PORI Planned Office Research
Industrial District,except for those land uses which are prohibited within an arterial
road corridor overlay district as provided for within Section 19.15.520, Land Uses,
of the Elgin Municipal Code, as amended:
1. Permitted Uses. Those land uses enumerated as permitted uses within the ORI
Office Research Industrial District, Section 19.40.130 A., Land Use, of the
Elgin Municipal Code, as it may be amended from time to time, as well as the
following additional enumerated land uses, shall be the only land uses allowed
as a permitted use in this PORI Planned Office Research Industrial District:
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a. Services division:
Automotive renting and leasing without drivers (751).
Barbershops (724).
Beauty shops (723).
Coin operated laundries and dry cleaning (7215).
Garment pressing, and agents for laundries and dry cleaners (7212).
Laundry collecting and distributing outlets (7211).
Miscellaneous equipment rental and leasing(735).
Miscellaneous personal services not elsewhere classified(7299).
Photographic studios, portrait(722).
Radio and television repair shops (7622).
Shoe repair shops and shoeshine parlors (725).
Videotape rental (784).
b. Retail trade division:
Apparel and accessory stores (56).
Auto supply stores (5531) limited to the sale of auto parts and prohibiting the
installation of auto parts or repair of motor vehicles on the zoning lot.
Building materials, hardware and garden supply (52).
Carryout restaurants (5812).
Convenience food stores, operated on a twenty four(24)hour basis (5411).
Drinking places (alcoholic beverages) (5813).
Drugstores and proprietary stores (591).
Eating places (5812).
Florists (5992).
Food stores (54).
General merchandise stores (53).
Home furniture, furnishings and equipment stores (57).
Miscellaneous retail stores not elsewhere classified(5999).
Miscellaneous shopping goods stores (594).
Motor vehicle dealers (5511, 5551, 5561, 5571).
News dealers (5994).
Optical goods stores (5995).
"Outdoor eating and drinking facilities" [SR] (UNCL).
c. Agricultural division:
Dog grooming(0752).
Greenhouses for floral products, exclusively "accessory" [SR] to a use allowed
in the zoning district(0181).
Lawn and garden services (0782).
Ornamental shrub and tree services (0783).
Veterinary services for household pets (0742).
d. Construction division:
Permanent contractor's office with associated shop/production area and
material and equipment storage, provided that all such activities take place
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within an enclosed building; no outdoor storage is permitted.
e. Manufacturing division:
Commercial printing occupying less than five thousand (5,000) square feet of
gross floor area(2752).
f. Miscellaneous uses division:
"Accessory structures" [SR] (UNCL)to the above-listed permitted uses,subject
to the provisions of section 19.12.500 of this title.
"Accessory uses" [SR] (UNCL) to the above-listed permitted uses, subject to
the provisions of section 19.10.400 of this title.
"Drive-through facilities" [SR], subject to the provisions of chapter 19.45 of
this title.
"Loading facilities" [SR] (UNCL), exclusively "accessory" [SR] to an above-
listed permitted use, subject to the provisions of chapter 19.47 of this title.
"Outdoor display areas" [SR] (UNCL).
"Outdoor display lots" [SR] (UNCL).
"Parking lots" [SR] (UNCL), exclusively "accessory" [SR] to an above-listed
permitted use, subject to the provisions of chapter 19.45 of this title.
"Parking structures" [SR] (UNCL), exclusively "accessory" [SR] to an above-
listed permitted use, subject to the provisions of chapter 19.45 of this title.
2. Conditional Uses. Those land uses enumerated as conditional uses within the
ORI Office Research Industrial District, Section 19.40.130 B., Land Use,of the
Elgin Municipal Code, as it may be amended from time to time, as well as the
following additional enumerated land uses, shall be the only land uses allowed
as a conditional use in this PORI Planned Office Research Industrial District:
a. Services division:
Amusement parks (7996).
Arenas, sports fields, and stadiums (UNCL).
Bowling centers (7933).
"Car washes" [SR] (7542).
Dance studios and schools (791).
Drive-in motion picture theaters (7833).
Funeral service (726).
Membership organizations (86).
Membership sports and recreation clubs (7997).
Motion picture theaters (7832).
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"Motor vehicle repair shops" [SR] (753), but only as part of a Motor vehicle
dealer(5511).
Other schools and educational services (829).
Physical fitness facilities(7991).
b. Retail trade division:
Drive-in restaurants (5812).
Firearms sales (5941).
"Motor vehicle service stations" [SR] (554).
"Package liquor sales establishments" [SR] (5921).
c. Agricultural division:
"Kennels" [SR] (0752).
d. Wholesale trade division:
Beer, wine, and distilled alcoholic beverages (518).
Lumber and other construction materials (503).
e. Transportation, communication, and utilities division:
Courier services(4215).
f. Miscellaneous uses division:
"Accessory structures" [SR] (UNCL) to the above-listed conditional uses,
subject to the provisions of section 19.12.500 of this title.
"Accessory uses" [SR] (UNCL) to the above-listed conditional uses, subject to
the provisions of section 19.10.400 of this title.
3. Similar Uses. Those land uses enumerated as similar uses within the OR'
Office Research Industrial District, Section 19.40.130 C., Land Use, of the
Elgin Municipal Code, as it may be amended from time to time, as well as the
following additional enumerated land uses, shall be subject to classification as
a permitted use or a conditional use in this PORI Planned Office Research
Industrial District or in a less restrictive zoning district,pursuant to Subsection
19.10.400 H., Classification of Land Uses, of the Elgin Municipal Code, as
amended:
Wholesale trade division:
Miscellaneous durable goods (509).
Miscellaneous nondurable goods (519).
4. Prohibited Uses by ARC Arterial Road Corridor Overlay District.
Notwithstanding inclusion within subsection F. 1., F. 2., or F. 3. above, those
land uses which are prohibited within the ARC Arterial Road Corridor Overlay
District as provided for within Chapter 19.15.520 Land Uses, of the Elgin
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Municipal Code, as amended, are prohibited within this PORI Planned Office
Research Industrial District.
G. Site Design. In this PORI Planned Office Research 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, and the site design
regulations shall be as follows:
a. Zoning Lots; Generally: "Zoning lots" [SR] shall be subject to the provisions
of Section 19.12.300, Zoning Lots, Clarifications and Exceptions, of the Elgin
Municipal Code, as amended.
b. Lot Area: The minimum required "zoning lot area" [SR] shall be forty
thousand (40,000) square feet.
c. Lot Width: The minimum required lot width for a zoning lot shall be two
hundred(200) linear feet.
d. Setbacks; Generally: "Setbacks" [SR] shall be subject to the provisions of
Section 19.12.400, Setbacks, Clarifications and Exceptions, of the Elgin
Municipal Code, as amended.
e. Setbacks By Lot Line: The minimum required "building" [SR] "setbacks"
[SR] and "vehicle use area setbacks" [SR] from a "lot line" [SR] for a zoning
lot shall be as follows:
a. Building Setbacks:
i. Street Setback: Street setbacks shall be as follows:
1. Route 72/Higgins Road: Where a zoning lot has
frontage on Route 72/Higgins Road, the minimum
required building setback from that "street lot line" [SR]
shall be ninety(90)feet. In the event it is determined that
a right-of-way dedication is required from the Subject
Property along Route 72/Higgins Road, which has the
effect of widening the Route 72/Higgins Road right-of-
way, this building setback may be measured from the
Route 72/Higgins Road lot line (or the north lot line of
the Subject Property) as it is shown upon the Alta/NSPS
Land Title Survey, dated June 6, 2016, submitted as a
required document with the application for map
amendment.
2. Galvin Drive: Where a zoning lot has frontage on
Galvin Drive, the minimum required building setback
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from that "street lot line" [SR] north of the centerline of
the Galvin Drive and Spectrum Drive intersection shall
be forty-five (45) feet. Where a zoning lot has frontage
on Galvin Drive,the minimum required building setback
from that "street lot line" [SR] south of the centerline of
the Galvin Drive and Spectrum Drive intersection shall
be one hundred and fifty six (156) feet. As the west lot
line of the Subject Property has a curve near the
centerline of the Galvin Drive and Spectrum Drive
intersection, the development administrator may reduce
the one hundred and fifty six (156) foot setback to one
hundred (100) feet in proximity to this intersection to
accommodate a building that provides the required one
hundred and fifty six (156) foot setback from the Galvin
Drive "street lot line" [SR] at the southern end of the
Subject Property.
3. Future Busse Parkway: Where a zoning lot has
frontage along the southern lot line of the Subject
Property, the minimum required building setback from
that "street lot line" [SR] shall be one hundred and thirty
six (136) feet.
ii. Interior Setback: The minimum required building setback from
an "interior lot line" [SR] is twenty (20) feet.
b. Vehicle Use Area Setbacks:
i. Street Setback: Street setbacks shall be as follows:
1. Route 72/Higgins Road: Where a zoning lot has
frontage on Route 72/Higgins Road, the minimum
required vehicle use area setback from that "street lot
line" [SR] shall be forty two(42) linear feet. In the event
it is determined that a right-of-way dedication is required
from the Subject Property along Route 72/Higgins Road,
which has the effect of widening the Route 72/Higgins
Road right-of-way, this vehicle use area setback may be
measured from the Route 72/Higgins Road lot line (or
the north lot line of the Subject Property) as it is shown
upon the Alta/NSPS Land Title Survey, dated June 6,
2016, submitted as a required document with the
application for map amendment.
2. Galvin Drive: Where a zoning lot has frontage on
Galvin Drive, the minimum required vehicle use area
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setback from that "street lot line" [SR] shall be forty
three (43) feet.
3. Future Busse Parkway: Where a zoning lot has
frontage along the southern lot line of the Subject
Property,the minimum required vehicle use area setback
from that"street lot line" [SR],shall be twenty eight(28)
linear feet.
ii. Interior Setback: The minimum required vehicle use area
setback from an "interior lot line" [SR] is six (6) feet.
f. Accessory Structures and Buildings: "Accessory structures and buildings"
[SR] shall be subject to the provisions of Section 19.12.500, Accessory
Structures and Buildings, of the Elgin Municipal Code, as amended.
g. Yards; Generally: A "street yard" [SR],a"side yard" [SR],a"rear yard" [SR],
or a "transition yard" [SR] established by a required building setback or by the
actual location of a building shall be subject to the provisions of Section
19.12.600, Obstructions in Yards, of the Elgin Municipal Code, as amended.
h. Landscape Yards: Landscape yards shall be as follows:
a. Vehicle Use Area Landscape Yards: The yards established by vehicle
use area setbacks shall be used as "vehicle use area landscape yards"
[SR] with the exception of access driveways as provided in Section
19.45.110, Access Driveways to a Public Right of Way, and Section
19.45.120, Size of Driveways, of the Elgin Municipal Code, as
amended. Vehicle use area landscape yards shall be subject to the
provisions of Section 19.12.700, Landscaping, et seq., of the Elgin
Municipal Code, as amended, except along any Vehicle Use Area
Landscape Yard required along the southern lot line of the Subject
Property. Within this yard, the landscaping and berming shall
substantially conform to the landscaping and berming approved along
the north lot line of 2601 Galvin Drive; the landscape plan for which is
attached hereto as Exhibit B.
b. Interior Landscape Yards: "Interior landscape yards" [SR] shall be
installed on a zoning lot featuring a "vehicle use area" [SR], which
exceeds five thousand (5,000) square feet in area, subject to the
provisions of Section 19.12.700, Landscaping, et seq., of the Elgin
Municipal Code, as amended.
i. Floor Area Ratio: The maximum "Floor area ratio" [SR] for a zoning lot shall
be 1.00.
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j. Building Coverage Ratio: The maximum "Building coverage ratio" [SR] for
a zoning lot shall be 0.70.
k. Additional Site Design Requirements: The development of land and
structures shall conform with the following:
a. Site Plan and Architectural Review and Design Required. Within
this PORI Planned Office Research Industrial District, compliance with
Chapter 19.14, Architectural Review and Design, of the Elgin
Municipal Code, as amended, is required.
b. Separation of Purely AB Uses. No permitted, conditional, or similar
additional enumerated land use, as listed within Subsection F. 1., 2., or
3. of this Section 3, shall be located within the same building as either a
permitted, conditional, or similar land use listed within the ORI Office
Research Industrial District, Section 19.40.130 A., B., and C.
respectively, Land Use, ORI Office Research Industrial District, of the
Elgin Municipal Code, as it may be amended from time to time.
c. No Loading Docks, Berths, or Doors Along Route 72/Higgins Road
or Galvin Drive.No "loading facility" [SR] shall be located between a
"building" [SR] and a "street lot line" [SR] along Route 72/Higgins
Road or Galvin Drive. Similarly, doors appurtenant to a "loading
facility" [SR] or other like building feature shall not be located along a
façade of a "building" [SR] facing a "street lot line" [SR] created by
Route 72/Higgins Road or Galvin Drive.
d. No Access to Route 72/Higgins Road. In accordance with Ordinance
G4-97,which established the zoning for the Subject Property,no access
to Route 72/Higgins Road is permitted,rather all access must come from
Galvin Drive and/or Busse Parkway.
e. Construction of Busse Parkway. In accordance with Resolution 08-
74, in conjunction with the development of this Subject Property, the
owner/developer of the Subject Property must build Busse Parkway
along the southern border, from Galvin Drive east to the edge of the
property.
f. Dedication of Right of Way. Prior to the issuance of a building permit
for construction upon the Subject Property, the owner of the Subject
Property shall dedicate or convey to the Illinois Department of
Transportation at no cost a triangular piece of property from the
northwest corner of the Subject Property. The triangle shall be
established by measuring 25 feet east and 25 feet south from the
northwest corner of the Subject Property and connecting those two end
points with a straight line.The right of way is necessary to accommodate
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future improvements to the Route 72/Higgins Road and Galvin Drive
intersection.
g. Tree Preservation. The owner/developer of the Subject Property shall
neither remove nor request the removal of the single large Cottonwood
Tree located within the Route 72/Higgins Road right of way; said tree
identified within the circle within Exhibit C which is attached hereto.
More so, the owner/developer shall install the tree preservation
measures required by the zoning ordinance around said tree prior to any
site work.
h. Irrigation Requirement. The owner/developer of the Subject Property
shall install, use, and maintain in good working order a landscape
irrigation system to ensure covered landscape material remains lush and
vibrant during warm-weather months. Specifically, said system shall
cover any tree, bush, or landscape area located within 125 feet of any
entrance to a building facing and visible from Route 72/Higgins Road,
Galvin Drive, or Busse Parkway intended to be used by the general
public or employees. This requirement is intended to only cover that
material located generally along a building, not into or across an
adjacent parking lot. The Development Administrator shall determine
the final location of said irrigation system.
i. Development Application. The development of land and structures
shall be in substantial conformance with the Development Application
and supporting documents submitted by the applicant including the
"Statement of Purpose and Conformance for Map Amendment for
Planned Development" dated received February 19, 2016. In the event
of any conflict between the foregoing documents and the provisions of
this ordinance or other applicable city ordinances, the provisions of this
ordinance or other applicable city ordinances shall supersede and
control.
j. Compliance with all other applicable codes and ordinances.
H. Off Street Parking. In this PORI Planned Office Research Industrial 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 that the number
of off-street parking spaces for manufacturing, warehousing and storage land uses
shall be provided at the rate of 1 stall per 1.5 employees based on the peak demand
shift or 1 stall per 1,500 square feet of floor area, whichever is greater. Where
parking is provided at the 1 stall per 1,500 square foot of floor area rate, the
application for building permit must include a site plan which shows that additional
parking could be installed within a conforming location(s) on the site at a rate of 1
stall per 1,000 square feet of floor area, and stormwater facilities shall be designed
and built as if these "banked"parking spaces were installed.
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I. Off Street Loading. In this PORI Planned Office Research Industrial District, off
street loading shall be subject to the provisions of Chapter 19.47, Off Street
Loading, of the Elgin Municipal Code, as amended.
J. Signs. In this PORI Planned Office Research Industrial District, signs shall be
subject to the provisions of 19.50, Street Graphics, of the Elgin Municipal Code,as
amended.
K. Planned Developments. In this PORI Planned Office Research Industrial 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, as
amended.
L. Conditional Uses. In this PORI Planned Office Research Industrial District,
application for conditional uses shall be subject to the provisions of Chapter 19.65,
Conditional Uses,of the Elgin Municipal Code,as 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.
M. Variations. In this PORI Planned Office Research Industrial District, application
for variation shall be subject to the provisions of Chapter 19.70, Variations, of the
Elgin Municipal Code, as 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.
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, of the Elgin Municipal Code,
as amended.
Section 4. In the event of any conflict between this ordinance and the allowances and
departures described or depicted therein, and the provisions of the Elgin Zoning Ordinance, this
ordinance and associated documents shall control and prevail. In the event of any conflict between
this ordinance and the associated documents referenced therein, except Ordinance G4-97 and
Resolution 08-74, this ordinance shall control and prevail.
Section 5. That this ordinance shall be in full force and effect immediately after its passage
in the manner provided by law.
/
1_4:i aAlAa%� '4
David J. Kap -'n, M: or
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Presented: August 24, 2016
Passed: August 24, 2016
Omnibus Vote: Yeas: 9 Nays: 0
Recorded: August 24, 2016
Published: August 26, 2016 ;1•{ OF
Attest: '
71 (-6?A 4,
erl Dewis, Ci lerk { w
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July 5, 2016
RECOMMENDATION & FINDINGS OF FACT
OF THE COMMUNITY DEVELOPMENT DEPARTMENT AND
THE PLANNING & ZONING COMMISSION
CITY OF ELGIN, IL
OVERVIEW
Provided herein are the written findings and recommendation of the Community Development
Department and the Planning & Zoning Commission regarding Petition 17-16, an application by
Glenview State Bank,as successor Trustee of the Edward J. Busse Trust and the Ruth Busse Trust,
each dated April 2, 1987,a an Illinois trust,for approval of an application to rezone the property at
the southeast corner of Galvin Drive and Route 72/Higgins Road, commonly referred to as 2701
Galvin Drive, from AB Area Business to PORI Planned Office Research Industrial. Within the
proposed planned development,the list of land uses is a combination of permitted and conditional
uses from the AB and ORI zoning districts, and the site design regulations mirror the development
pattern established along Galvin Drive by recent industrial development.No specific building or site
plan is proposed at this time. The planned development requires full compliance with city
architectural and landscaping requirements at the time of building permit rather than requiring
development plan review of the individual buildings by the Planning&Zoning Commission and City
Council. Resolution 08-74 requires that, with the development of this parcel, the developer must
build Busse Parkway along the southern border,from Galvin Drive east to the edge of the property.
Staff recommends approval of the application,subject to the conditions outlined at the end of
this report.
GENERAL INFORMATION
Petition Number: 17-16
Requested Action: Planned Development as a Map Amendment
Current Zoning: AB Area Business District
Proposed Zoning: PORI Planned Office Research Industrial District
Existing Use: Vacant
Property Location: 2701 Galvin Drive
Exhibit A
Recommendation & Findings of Fact
Petition 17-16
July 5, 2016
Applicant and Owner: Glenview State Bank,as successor Trustee of the Edward J. Busse Trust
and the Ruth Busse Trust, each dated April 2, 1987, an Illinois trust
Staff Coordinator: Marc Mylott, AICP, Director of Community Development
LIST OF EXHIBITS
A. Aerial Photo/Location Map
B. Zoning Map
C. Parcel Map
D. Site Photos
BACKGROUND
Glenview State Bank,as successor Trustee of the Edward J. Busse Trust and the Ruth Busse Trust,
each dated April 2, 1987,an Illinois trust(hereinafter referred to as"Glenview State Bank"), seeks
approval of an application to rezone 2701 Galvin Drive (hereinafter referred to as "the Subject
Property") from AB Area Business to PORI Planned Office Research Industrial. The Subject
Property is approximately 20 acres. The purpose of this planned development is to establish the
zoning for the property only, and subsequent development, in so long as it conforms to the use list
and site design regulations of this planned development,and in so long as it conforms to the existing
architectural,landscaping,and stormwater requirements of the municipal code,could advance to an
application for building permit rather than requiring prior individual development plan review by the
Planning&Zoning Commission and City Council. To be sure,this planned development does not
waive the city's established subdivision process,which requires review and approval by City Council
following a recommendation by the Planning &Zoning Commission. Also, the developer of this
parcel, even if it is not Glenview State Bank, is bound by a 2008 development agreement to build
Busse Parkway along the southern border, from Galvin Drive east to the edge of the property.
Ultimately, Busse Parkway will connect Galvin Drive to Randall Road.
The list of land uses within the proposed planned development is a combination of permitted and
conditional uses from the AB and ORI zoning districts, and the site design regulations mirror the
development pattern established along Galvin Drive by surrounding development.For example,two
large industrial buildings immediately to the south of the Subject Property establish a well-defined
suburban edge(2601 Galvin Drive,currently under construction;and 2501 Galvin Drive).Therefore,
the building and parking setback requirements on the southern end of the Subject Property mirror
these large,existing setbacks.However,as one goes north along Galvin Drive and the roads bends to
the northeast, generally past Spectrum Drive, the Subject Property decreases in width. Also, the
setbacks for the existing building and parking at the property at the southwest corner of Galvin Drive
and Route 72/Higgins Road (2800-2880 Galvin Drive) are much less than 2601 and 2501 Galvin
- 2 -
Recommendation & Findings of Fact
Petition 17-16
July 5, 2016
Drive. Therefore, the building and parking setbacks at the northern end of the Subject Property
transition to smaller amount, more closely mirroring the property at 2800-2880 Galvin Drive.
Finally,the building and parking setbacks for the Subject Property along Route 72/Higgins Road also
mirror the existing building and parking setbacks of 2800-2880 Galvin Drive.
In April 2016, at 2601 Galvin Drive, located to the south of the Subject Property across the future
Busse Parkway,the Planning&Zoning Commission approved a variance for a reduced street setback
for parking. In return for this reduction, that applicant proposed a berm and extensive landscape
treatment along the future Busse Parkway.To ensure consistency with that development pattern,this
planned development proposes the same building and parking setbacks and berm and landscaping
along the southern edge of the Subject Property.
Also,consistent with the development pattern in the area,no loading docks,berths,or doors or other
like facilities will be allowed along Galvin Drive or Route 72/Higgins Road.The proposed parking
ratio is consistent with a lesser amount than that required by code— 1 stall per 1,500 square feet
rather than 1 stall per 1,000 square feet—which has become a fairly standard departure for industrial
development.That being said,a developer can only take advantage of this reduction if he/she shows
that the additional parking is "banked" and that the stormwater facilities are designed, built, and
installed to handle the additional impervious surface.
Finally,staff has assessed the site and found that the only tree of significance is a large Cottonwood,
but it is located within the Route 72/Higgins Road right of way. Future modifications to the Route
72/Higgins Road and Galvin Drive intersection—primarily signalization—will not impact this tree,
and the recommendation for approval of this planned development is contingent upon the developer
installing tree preservation measures around this tree at the time of development in accordance with
the zoning ordinance and not asking IDOT for its removal.The northwest corner of the property also
contains a Kane County ADID(Advanced Identification)Wetland,but it is not noted for high habitat
value or high functional value.As an isolated wetland,prior to site development,the developer will
have to conduct a wetland delineation to determine the size of the wetland and the quality of plant
life therein, and those factors will then establish either a required buffer around the wetland or
determine the amount of required off-site mitigation.
FINDINGS
After due notice as required by law,the Planning&Zoning Commission conducted a public hearing
in consideration of Petition 17-16 on July 5,2016.Testimony was presented at the public hearing in
support of the application.The Community Development Department submitted a Map Amendment
Review and Written Findings&Recommendation to the Planning&Zoning Commission dated July
5, 2016.
- 3 -
Recommendation& Findings of Fact
Petition 17-16
July 5, 2016
The Community Development Department and the Planning&Zoning Commission have 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
planned development 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 planned development with
respect to its size,shape,significant natural features(including topography,watercourse and
vegetation), and existing improvements. The subject property 894,919 square feet(20.544
acres).The subject property is currently vacant,and it is relatively flat.The northwest corner
of the subject property contains a Kane County ADID (Advanced Identification)Wetland,
but it is not noted for high habitat value or high functional value. As an isolated wetland,
prior to site development, the developer will have to conduct a wetland delineation to
determine the size of the wetland and the quality of plant life therein, and those factors will
then establish either a required buffer around the wetland or determine the amount of
required off-site mitigation.The planned development calls for saving the large Cottonwood
tree located within the Route 72/Higgins Road right of way to the extent that that
preservation is controlled by the developer.
B. Sewer and Water Standard. The suitability of the subject property for the intended
planned development 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 planned development with
respect to the sewer and water standard. The subject properties are served with municipal
sanitary sewer and water systems. Stormwater control facilities will be designed in
accordance with the City of Elgin and Kane County Stormwater Management Ordinances.
C. Traffic and Parking Standard. The suitability of the subject property for the intended
planned development 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 planned development with
respect to the traffic and parking standard. The property has frontage along three rights-of-
way. Route 72/Higgins Road is a state-controlled arterial street, providing connectivity
between Elgin and Gilberts, Sleepy Hollow and East and West Dundee. Ordinance G4-97,
which established the zoning for this subject property,was contingent upon no direct access
from the subject property to Route 72/Higgins Road. Galvin Drive, a collector street,
currently serves the industrial properties within Northwest Corporate Park and Northwest
Business Park and provides vehicular access to the property. A future right-of-way was
recently dedicated along the south lot line of the subject property to connect Galvin Drive at
-4 -
Recommendation & Findings of Fact
Petition 17-16
July 5, 2016
its westerly end to Randall Road located about a half mile to the east.The right-of-way is not
improved with a paved roadway at this time,but a 2008 development agreement requires the
developer of the subject property to make said improvement.
The subject property is currently vacant, but will be developed with industrial and/or
commercial uses and surface parking facilities that will conform to the design requirements
of the zoning ordinance.
D. Zoning History Standard. The suitability of the subject property for the intended planned
development 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 planned development with
respect to the length of time the property has remained undeveloped or unused in its current
zoning district. The subject property was annexed and zoned AB Area Business District in
1997 by ordinances S 1-97 and G4-97,respectively. It has been vacant since at least that time.
E. Surrounding Land Use and Zoning Standard. The suitability of the subject property for
the intended planned development with respect to consistency and compatibility with
surrounding land use and zoning.
Findings. The subject property is suitable for the intended planned development with
respect to consistency and compatibility with surrounding land use and zoning. The lots to
the south and west are improved (or being improved) with industrial buildings built in
accordance with the ORI Office Research Industrial District and PORI Planned Office
Research Industrial District, respectively.
The land located immediately to the east of the subject property is improved with a
landscaping operation, and that property is zoned AB Area Business District.The area is in
agricultural use and is designated for commercial development when annexed to the City of
Elgin.
The land located to the north of the subject property,at the intersection of Galvin Drive and
Route 72/Higgins Road, contains the Dundee Middle School, and it is located within the
Village of West Dundee. The property immediately east of the school is located within
unincorporated Kane County. It is currently vacant and zoned F Farming District.
The city is working with the school district and State of Illinois to install a signal at the
corner of Route 72/Higgins Road and Galvin Drive.The city hopes that that signal could be
installed before the end of the year, but it could extend into 2017.
- 5 -
Recommendation & Findings of Fact
Petition 17-16
July 5, 2016
F. Trend of Development Standard. The suitability of the subject property for the intended
planned development 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 planned development with respect
to consistency with an existing pattern of development or an identifiable trend within the
area. The planned development proposes a list of permitted and conditional uses that blend
the permitted and conditional uses of the AB Area Business and ORI Office Research
Industrial District,allowing the subject property to be a transition between the AB zoning to
the east and the ORI zoning to the south and west. The proposed building and parking
setbacks within the planned development similarly mirror the building and parking setbacks
of the existing buildings to the south and west.
G. Planned Development Districts Standard. The suitability of the subject property for the
intended planned development 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 development plan within an existing PAB Planned
Area Business District.The purpose and intent of the provision of 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 [Zoning Ordinance];
2. A creative approach to the use of land and related improvements resulting in better
design and construction of aesthetic amenities; and
3. The preservation of significant natural features including topography,watercourses,
wetlands, and vegetation.
The proposed planned development positions the subject property to be a transition parcel
between the AB Area Business zoning to the east and the ORI Office Research Industrial
zoning to the south and west. This creative approach to the development of the subject
property would not be possible under the strict application of the zoning ordinance. The
planned development calls for saving the large Cottonwood tree located within the Route
72/Higgins Road right of way, and prior to site development, the developer will have to
conduct a wetland delineation to determine the size of the ADID Wetland located at the
northwest corner of the property and the quality of plant life therein.Those factors will then
establish either a required buffer around the wetland or determine the amount of required off-
site mitigation.
- 6 -
Recommendation & Findings of Fact
Petition 17-16
July 5, 2016
H. Comprehensive Plan Standard. The suitability of the subject property for the intended
planned development with respect to conformance to the goals,objectives,and policies of the
official comprehensive plan.
Findings. The subject property is suitable for the intended planned development with
respect to the Comprehensive Plan Standard. The subject property is designated as
"Office/Research/Industrial" under the Employment Designation by the City's
Comprehensive Plan and Design Guidelines,dated 2005.The Office/Research/Industrial land
use designation allows for a variety of industrial, manufacturing, assembly, warehouse,
distribution,research and development,technology,corporate and support office,and limited
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.
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. This northwest corner of the subject property
contains a Kane County ADID(Advanced Identification)Wetland,but it is not noted for high
habitat value or high functional value.As an isolated wetland,prior to site development,the
developer will have to conduct a wetland delineation to determine the size of the wetland and
the quality of plant life therein, and those factors will then establish either a required buffer
around the wetland or determine the amount of required off-site mitigation. The planned
development calls for saving the large Cottonwood tree located within the Route 72/Higgins
Road right of way.Also,any developer will comply with the city's landscape requirements,
planting trees and shrubs appropriate for the type, size, and scape of the development.
J. Internal Land Use. 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 mix of permitted or conditional uses would be located,designed,or operated in a
manner that will exercise undue detrimental influence on itself or surrounding property.
- 7 -
Recommendation & Findings of Fact
Petition 17-16
July 5, 2016
DEPARTURES AND EXCEPTIONS
The applicant is requesting the following departures from the requirements of the AB Area Business
District and the ORI Office Research Industrial District so that the resultant planned development
creates a transition planned development between the AB Area Business zoning to the east and the
ORI Office Research Industrial zoning to the south and west:
1. Lot Area. Within the AB Area Business District, the minimum lot area is 20,000
square feet.Within the ORI Office Research Industrial District,the zoning ordinance
requires a 120,000 square-foot minimum zoning lot area along Route 72/Higgins
Road, an 80,000 square-foot minimum zoning lot area along Galvin Drive, and a
60,000 square-foot minimum zoning lot area along the future Busse Parkway. The
applicant is proposing a 40,000 square-foot minimum zoning lot.
2. Lot Width. Within the AB Area Business District, the minimum lot width is 125
feet. Within the ORI Office Research Industrial District, the zoning ordinance
requires a 300-foot minimum lot width along Route 72/Higgins Road, a 200-foot
minimum lot width along Galvin Drive,and a 160-foot minimum lot width along the
future Busse Parkway. The applicant is proposing a 200-foot minimum lot width.
3. Setbacks.Within the AB Area Business District,for a property this size,the building
setback from a street is 42 feet and 18.6 feet from an interior lot line;the parking area
must be 19.6 feet back from a street lot line and 6 feet from an interior lot line.
Within the ORI Office Research Industrial District, for a property this size, the
building setback from Route 72/Higgins Road is 70 feet, 50 feet from Galvin Drive,
47.6 feet from the future Busse Parkway, and 35.8 feet from an interior lot line;the
parking area must be 41.8 feet back from any street lot line and 9.7 feet from an
interior lot line. Along Route 72/Higgins Road,the applicant is proposing a 90-foot
building setback and a 43-foot parking setback. Along Galvin Drive, the building
setback would transition from 156 feet at the south end to 45 feet at the north end
with a 43-foot parking setback. Along Busse Parkway, the applicant is proposing a
136-foot building setback and a 28-foot parking setback.Along interior lot lines,the
applicant is proposing a 20-foot building setback and a 6-foot parking setback.
4. Vehicle Use Area Landscape Yard. Within the AB Area Business District, the
VUA landscape yard is 19.6 feet.Within the ORI Office Research Industrial District,
the VUA landscape yard is 41.8 feet.Along the future Busse Parkway,the applicant
is proposing 28 feet with a berm and landscaping consistent with the width,berm and
landscaping approved at 2601 Galvin Drive by the Planning&Zoning Commission
by variance in April 2016.
- 8 -
Recommendation & Findings of Fact
Petition 17-16
July 5, 2016
5. Floor Area.Within the AB Area Business District,the maximum floor area ratio is
0.50. Within the ORI Office Research Industrial District, the maximum floor area
ratio is 0.62. The applicant is proposing a 1.00 maximum floor area ratio.
6. Building Coverage.Within the AB Area Business District,the maximum floor area
ratio is 0.40.Within the ORI Office Research Industrial District,the maximum floor
area ratio is 0.51. The applicant is proposing a 0.70 maximum building coverage
ratio.
7. Parking. Manufacturing, warehousing, and storage must provide 1 stall per 1,000
square feet or 1 stall per every 1.5 employees on the peak demand shift,whichever is
greater.The applicant is proposing to provide 1 stall per 1,500 square feet,or 1 stall
per every 1.5 employees on the peak demand shift,whichever is.Greater.That being
said, a developer can only take advantage of this reduction if he/she shows that the
additional parking is"banked"and that the stormwater facilities are designed,built,
and installed to handle the additional impervious surface.
RECOMMENDATION
The Community Development Department recommends the approval of Petition 17-16,including the
requested departures, subject to the following conditions:
1. Substantial conformance to the Development Application and supporting documents
submitted by Glenview State Bank, as successor Trustee of the Edward J. Busse Trust and
the Ruth Busse Trust, each dated April 2, 1987, an Illinois trust owner, as applicant and
owner of this application, date stamped received on May 23, 2016, including the Rider
Statement of Purpose and Conformance for Map Amendment for Planned Development,
Version 4, dated May 27, 2016.
2. No"loading facility" [SR] shall be located between a"building" [SR] and a"street lot line"
[SR] along Route 72/Higgins Road or Galvin Drive. Similarly, doors appurtenant to a
"loading facility" [SR] or other like building feature shall not be located along a facade of a
"building" [SR] facing a"street lot line" [SR] created by Route 72/Higgins Road or Galvin
Drive.
3. Within the vehicle use landscape yard to be provided along the south lot line of the Subject
Property, along the future Busse Parkway,the landscaping and berming shall substantially
conform to the landscaping and berming approved along the north lot line of 2601 Galvin
Drive by the Planning&Zoning Commission through a grant of variance;the landscape plan
for which is attached hereto.
- 9 -
Recommendation& Findings of Fact
Petition 17-16
July 5, 2016
4. In accordance with Ordinance G4-97,which established the zoning for the Subject Property,
no access to Route 72/Higgins Road is permitted, rather all access must come from Galvin
Drive and/or Busse Parkway.
5. In accordance with Resolution 08-74, with the development of this Subject Property, the
developer must build Busse Parkway along the southern border, from Galvin Drive east to
the edge of the property.
6. The applicant shall neither remove nor request the removal of the single large Cottonwood
Tree located within the Route 72/Higgins Road right of way; said tree identified within the
circle within photograph attached hereto. More so, the applicant shall install the tree
preservation measures required by the zoning ordinance around said tree prior to any site
work.
7. Compliance with all other applicable codes and ordinances.
The vote of the Planning&Zoning Commission on the motion to recommend approval, subject
to the conditions outlined by the Community Development Department, was seven(7)yes, zero
(0)no, and zero (0) abstentions.
Respectfully Submitted,
s/Robert Siljestrom
Robert Siljestrom, Chairman
Planning&Zoning Commission
s/Marc S. Mylott, AICP
Marc S. Mylott, Secretary
Planning&Zoning Commission
Director of Community Development
- 10 -
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OPPOSE.EMU'
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C
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EVERGREEN , i•m , :100` /I,I�I, wre aAew •ti , I TREEk x11► OFFICE ••\V I il'I0j1 n 00011V '..ai WIZ". iaw+ai Nc.""°'tiaa.'���5'l a
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