Elgin City Council met Dec. 5.
Here is the minutes provided by the council:
The regular meeting of the Council of the City of Elgin, Illinois, was held on December 5, 2018, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:00 p.m. The Invocation was given by Reverend Neris Diaz-Cabello, Chaplain from Advocate Sherman Hospital and the Pledge of Allegiance was led by Councilmember Toby Shaw.
ROLL CALL
Roll call was answered by Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Absent: None.
MINUTES OF THE NOVEMBER 28, 2018, COUNCIL MEETING APPROVED AS DISTRIBUTED
Councilmember Gavin made a motion, seconded by Councilmember Steffen, to approve the November 28, 2018, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
COMMUNICATIONS
World AIDS Day Proclamation
Mayor Kaptain read the following proclamation:
WHEREAS, World AIDS Day began 30 years ago on December 1, 1988, when world health ministers called for a spirit of social acceptance and greater awareness of HIV internationally; and
WHEREAS, World AIDS Day continues to be an important way to celebrate the extraordinary advances we have made in the battle against HIV, and to remind Elgin residents and people everywhere that HIV has not gone away and that much more has yet to be done; and
WHEREAS, The City of Elgin, Illinois has a vital interest in preventing new HIV transmission, and improving the lives of those living with and affected by HIV; and
WHEREAS, Open Door Health Center of IL has been providing medical care, case management, peer support, behavioral health, housing support, outreach and prevention services , testing and counseling to persons living with or vulnerable to HIV and AIDS and has acted as an advocate for our local LGBTQ communities for 41 years; and
WHEREAS, In 2017, 866 people living with HIV/AIDS received 9248 units of service through Open Door Health Center of IL, and 17 people tested positive for the HIV virus; and
WHEREAS, Open Door Health Center of IL, the City of Elgin and the members of our social service and medical community are committed to creating an AIDS Free Generation by 2030.
NOW THEREFORE, I, Dave Kaptain, Mayor of the City of Elgin, Illinois, do hereby proclaim December 1, 2018 As World AIDS Day in the City of Elgin.
IN WITNESS WHEREOF, I have hereunto set my hand this 28th day of November, 2018.
s/David J. Kaptain Mayor
St. Edwards High School Boys Soccer Team Proclamation Mayor Kaptain read the following proclamation:
WHEREAS, In 2018, St. Edward Central Catholic High School boys soccer team had a winning record of 24-2-1 and was 2nd place in the Illinois Class A Boys Soccer Tournament after losing to Quincy Notre Dame at the State Soccer Championship and is the #1 ranked Class A team in the State in MaxPreps; and
WHEREAS, The Green Wave also finished with a record of 6-0 in the Metro Suburban Conference as back to back champions, and were champions in the St. Edward’s Regional, Genoa-Kingston Sectional and the Benedictine University SuperSectionals; and
WHEREAS, In addition, the Wave was the PepsiCo Showdown U.S. Coast Guard Bracket Champions, the largest high school soccer tournament in the United States and was the smallest school to ever win the tournament twice, back to back; and
WHEREAS, The Wave were led by seniors Zach Olenek, Uriel Carachure, Carson Scarnegie, Christopher Semler, Michael Lopez, Carlos Ibarra, Jacob Shepherd, Elijah Nordan, Emilio Martinez and coached by St. Edward’s Alumni Tim Brieger, Aaron Godfrey, Kevin Dodgen and Emily Witt.
NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, do hereby extend sincere and warm congratulations and esteem to the St. Edwards Central Catholic High School boys’ soccer team on their achievement in their 2018 season and their 2nd place finish at the Illinois High School Association State Soccer Championship.
IN WITNESS WHEREOF, I have hereunto set my hand this 5th day of December, 2018.David J. Kaptain Mayor
50th Anniversary of Elgin City Hall Proclamation Mayor Kaptain read the following proclamation:
WHEREAS, Elgin’s City Hall was built in 1968 and designed by Chicago architecture firm, Skidmore, Owings and Merrill; and
WHEREAS, Elgin’s City Hall was designed to reflect beauty and function creating a new era of design in governmental architecture; and
WHEREAS, Elgin’s City Hall has been minimally altered since its construction and retains a high level of integrity to its original location, setting, design, materials, workmanship, feeling and association; and
WHEREAS, the year, 2018, marks a significant milestone for Elgin’s 5th City Hall as it is 50 years old, the age a building is considered historic; and
WHEREAS, it is important to celebrate the role of history in our lives and the contributions made by dedicated individuals in helping to preserve the tangible aspects of the heritage that has shaped us as a people; and
NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, Illinois, do hereby recognize the historic significance of Elgin’s City Hall and call upon fellow citizens of Elgin in recognizing and participating in this special observance.
IN WITNESS WHEREOF, I have hereunto set my hand this 5th day of December, 2018.
s/David J. Kaptain Mayor
PUBLIC HEARING ON TRUTH IN TAXATION
Debra Nawrocki, Chief Financial Officer and Budget Director, made the following statement:
The Truth-in-Taxation Law established the procedures that taxing districts like the City of Elgin must follow when adopting their property tax levy. Whenever a taxing district proposes an aggregate tax levy that is more than 5 percent higher than the total amount of taxes it extended in the previous year, it must publish the required notice in a local newspaper and hold a public hearing. Anyone who wants to present testimony at the public hearing must be given the opportunity to do so, and after the hearing, the city may adopt the tax levy.
The aggregate tax levy for the 2018 tax year is not more than five percent higher than the total amount of taxes extended in 2017, and that negates the need to conduct a Truth-in-Taxation hearing. However, consistent with longstanding practice, we will conduct a Truth-in-Taxation public hearing to provide residents with an opportunity to comment on the proposed tax levy.
Chief Financial Officer Nawrocki recited the following into the record for this public hearing the information required by law, and stated that once it was completed, the public comment period could commence:
A. The corporate and special purpose property taxes extended or abated for 2017 were $47,435,089. The proposed corporate and special purpose property taxes to be levied for 2018 are $46,905,980, a 1.1% decrease from the previous year.
B. The property taxes extended for debt service and public building commission leases for 2017 were $3,687,399. The proposed property taxes to be levied for debt service and public building commission leases for 2018 are $3,617,140, a 1.9% decrease from the previous year.
C. The total property taxes extended or abated for 2017 were $51,122,488. The proposed total property taxes to be levied for 2018 are $50,523,120, a 1.2% decrease from the previous year.
The Truth-in-Taxation law also requires a taxing district to publish a notice within 15 days of its levy adoption if (1) its final aggregate levy is higher than the amount stated in the published notice or, (2) if the taxing district was not required to publish a notice and hold a Truth-in- Taxation hearing, and the final aggregate levy is 5 percent higher than the previous year’s final aggregate levy.
Each taxing district must certify to the county clerk that it has complied with all Truth-in- Taxation publication, notice, and hearing requirements when it certifies its levy to the county clerk.
Mayor Kaptain declared the public hearing open. Mayor Kaptain asked if there were any residents in the audience who wished to make any comments regarding the budget. There were no comments from those present. Mayor Kaptain declared the public hearing closed.
RESOLUTIONS 18-120, 18-122 AND ORDINANCES G62-18 THROUGH G64-18 REMOVED FROM THE TABLE FOR CONSIDERATION
Councilmember Steffen made a motion, seconded by Councilmember Martinez, to remove Resolutions 18-120, 18-122, and Ordinances G62-18 through G64-18 from the table for consideration. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
RESOLUTION 18-120 ADOPTED AUTHORIZING EXECUTION OF A SECOND AMENDMENT TO ANNEXATION AGREEMENT WITH D.R. HORTON, INC.- MIDWEST AND TALL OAKS INVESTMENTS, LLC (TALL OAKS SUBDIVISION – 101 RUSSELL ROAD – UNITS 3 AND 5)
Councilmember Gavin made a motion, seconded by Councilmember Shaw, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Resolution No. 18-120
RESOLUTION
AUTHORIZING EXECUTION OF A SECOND AMENDMENT
TO ANNEXATION AGREEMENT WITH D.R. HORTON, INC.-MIDWEST AND TALL OAKS INVESTMENTS, LLC
(Tall Oaks Subdivision – 101 Russell Road – Units 3 and 5)
WHEREAS, the owners of certain property commonly known as Units 3 and 5 of the Tall Oaks Subdivision at 101 Russell Road have proposed that the annexation agreement between the owners and the City of Elgin concerning said property be further amended; and
WHEREAS, after due notice as required by law, a public hearing on said proposal consisting of a Second Amendment to Annexation Agreement was held by the corporate authorities of the City of Elgin; and
WHEREAS, the proposed Second Amendment to Annexation Agreement with D.R. Horton Inc.-Midwest and Tall Oaks Investments, LLC is in the best interests of the City of Elgin.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute, on behalf of the City of Elgin, the Second Amendment to Annexation Agreement with D.R. Horton Inc.-Midwest and Tall Oaks Investments, LLC, a copy of which is attached hereto.
David J. Kaptain, Mayor
Presented: December 5, 2018 Adopted: December 5, 2018 Vote: Yeas: 8 Nays: 0
Attest:
Kimberly Dewis, City Clerk
ORDINANCE G62-18 PASSED AMENDING ORDINANCE NO. G1-08 RECLASSIFYING TERRITORY IN THE PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT TO A NEW PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT (TALL OAKS SUBDIVISION UNIT 3)
Councilmember Shaw made a motion, seconded by Councilmember Gavin, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Ordinance No. G62-18
AN ORDINANCE
AMENDING ORDINANCE NO. G1-08 RECLASSIFYING TERRITORY IN THE PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT TO A NEW PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT
(Tall Oaks Subdivision Unit 3)
WHEREAS, written application has been made to reclassify certain property part of Tall Oaks Subdivision from PSFR2 Planned Single Family Residence District established by Ordinance No. G14-04, as amended in its entirety by Ordinance No. G1-08 to a new PSFR2 Planned Single Family Residence District; and
WHEREAS, certain property is known commonly known as Tall Oaks Unit 3, and is legally described herein (the “Subject Property”); and
WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on September 10, 2018 following due notice including 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 perform any function pertaining to its government and affairs; and
WHEREAS, zoning, including, but not limited to, this ordinance granting a planned development as a map amendment from PSFR2 Planned Single Family Residence District established by Ordinance No. G14-04, as amended in its entirety by Ordinance No. G1-08 to a new PSFR2 Planned Single Family Residence District pertains 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 September 10, 2018, and the recommendations 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 19.07 Zoning Districts, Section 19.08.020 entitled “Official 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 PSFR2 Planned Single Family Residence District the following described property:
THAT PART OF SECTION 13, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN AND PART OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE SOUTH LINE OF GANSETT PARKWAY OF TALL OAKS SUBDIVISION, UNIT ONE, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 18, 2005 AS DOCUMENT NO. 2005K139365 AND CERTIFICATE OF CORRECTION RECORDED APRIL 20, 2007 AS DOCUMENT NO. 2007K043334, WITH THE CENTER LINE OF RUSSELL ROAD; THENCE NORTH 00 DEGREES 45 MINUTES 26 SECONDS EAST ALONG SAID CENTER LINE, 140.01 FEET TO THE MOST NORTHERLY CORNER OF SAID UNIT; THENCE THE FOLLOWING 6 COURSES ALONG THE NORTH LINE OF SAID UNIT ONE; 1) THENCE NORTH 89 DEGREES 53 MINUTES 57 SECONDS EAST, 60.01 FEET; 2) THENCE SOUTH 44 DEGREES 40 MINUTES 19 SECONDS EAST, 70.19 FEET; 3) THENCE NORTH 89 DEGREES 53 MINUTES 57 SECONDS EAST, 16.28 FEET; 4) THENCE SOUTH 88 DEGREES 34 MINUTES 00 SECONDS EAST, 373.33 FEET; 5) THENCE NORTH 89 DEGREES 53 MINUTES 57 SECONDS EAST, 311.69 FEET TO A POINT OF CURVATURE; 6) THENCE EASTERLY ALONG A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 1040.00 FEET, AN ARC LENGTH OF 454.42 FEET, A CHORD BEARING SOUTH 77 DEGREES 35 MINUTES 00 SECONDS EAST AND A CHORD DISTANCE OF 450.82 FEET TO THE POINT OF BEGINNING; THENCE NORTH 25 DEGREES 01 MINUTES 54 SECONDS EAST, 777.00 FEET TO A POINT OF CURVATURE; THENCE NORTHERLY, NORTHEASTERLY AND EASTERLY ALONG A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 130.00 FEET, AN ARC LENGTH OF 204.20, A CHORD BEARING NORTH 70 DEGREES 01 MINUTES 54 SECONDS EAST AND A CHORD DISTANCE OF 183.85 FEET; THENCE SOUTH 64 DEGREES 58 MINUTES 06 SECONDS EAST, 56.96 FEET; THENCE NORTH 27 DEGREES 30 MINUTES 25 SECONDS EAST, 427.85 FEET; THENCE NORTH 25 DEGREES 12 MINUTES 18 SECONDS EAST, 19.75 FEET; THENCE SOUTH 64 DEGREES 58 MINUTES 06 SECONDS EAST, 118.29 FEET TO A POINT ON A NON-TANGENT CURVE; THENCE NORTHEASTERLY ALONG A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 90.00 FEET, AN ARC LENGTH OF 89.33 FEET, A CHORD BEARING OF NORTH 58 DEGREES 03 MINUTES 25 SECONDS EAST AND A CHORD DISTANCE OF 85.71 FEET; THENCE NORTH 25 DEGREES 01 MINUTE 54 SECONDS EAST, 129.94 FEET; THENCE SOUTH 64 DEGREES 58 MINUTES 06 SECONDS EAST, 126.00 FEET; THENCE SOUTH 25 DEGREES 01 MINUTE 54 SECONDS WEST, 119.00 FEET; THENCE SOUTH 64 DEGREES 58 MINUTES 06 SECONDS EAST, 48.50 FEET; THENCE NORTH 25 DEGREES 01 MINUTE 54 SECONDS EAST, 119.00 FEET; THENCE SOUTH 64 DEGREES 58 MINUTES 06 SECONDS EAST, 120.29 FEET; THENCE SOUTH 44 DEGREES 02 MINUTES 43 SECONDS EAST, 100.45 FEET; THENCE SOUTH 12 DEGREES 15 MINUTES 04 SECONDS EAST, 118.48 FEET; THENCE SOUTH 19 DEGREES 32 MINUTES 36 SECONDS WEST, 69.21 FEET; THENCE SOUTH 25 DEGREES 01 MINUTE 54 SECONDS WEST, 439.97 FEET; THENCE NORTH 64 DEGREES 58 MINUTES 06 SECONDS WEST, 118.00 FEET; THENCE SOUTH 25 DEGREES 01 MINUTE 54 SECONDS WEST, 127.00 FEET; THENCE SOUTH 64 DEGREES 58 MINUTES 06 SECONDS EAST, 139.51 FEET TO A POINT OF CURVATURE; THENCE SOUTHEASTERLY ALONG A CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 90.00 FEET, AN ARC LENGTH OF 72.21 FEET, A CHORD BEARING OF SOUTH 41 DEGREES 58 MINUTES 58 SECONDS EAST AND A CHORD DISTANCE OF 70.29 FEET; THENCE NORTH 71 DEGREES 00 MINUTE 10 SECONDS EAST, 35.18 FEET; THENCE SOUTH 64 DEGREES 58 MINUTES 06 SECONDS EAST, 131.00 FEET TO THE WESTERLY LINE AND SOUTHERLY EXTENSION THEREOF OF A PARCEL DESCRIBED IN TRUSTEE'S DEED RECORDED AUGUST 4, 1998 AS DOCUMENT NO. 98K069237, SAID LINE BEING ALSO THE WEST LINE OF WEST POINT GARDENS PHASE 1 ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 18, 2006 AS DOCUMENT NO. 2006K091077; THENCE SOUTH 25 DEGREES 01 MINUTES 54 SECONDS WEST ALONG SAID WESTERLY LINE AND ITS SOUTHWESTERLY PROJECTION, 787.00 FEET TO THE NORTHEASTERLY CORNER OF GANSETT PARKWAY OF SAID TALL OAKS SUBDIVISION, UNIT ONE; THENCE NORTH 64 DEGREES 58 MINUTES 06 SECONDS WEST ALONG THE NORTH LINE OF SAID GANSETT PARKWAY, 1078.23 FEET TO A POINT OF CURVATURE; THENCE WESTERLY ALONG A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 1040.00 FEET, AN ARC LENGTH OF 1.77 FEET, A CHORD BEARING OF NORTH 65 DEGREES 01 MINUTES 02 SECONDS WEST AND A CHORD DISTANCE OF 1.77 FEET TO THE POINT OF BEGINNING, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS.
Such areas legally described above and depicted on the attached Zoning Exhibit Tall Oaks Unit 3, prepared by Mackie Consultants, LLC, dated August 24, 2018, last revised August 29, 2018, and designated in the PSFR2 Planned Single Family Residence District.
Section 3. That the City Council of the City of Elgin hereby grants the rezoning from PSFR2 Planned Single Family Residence District to a new PSFR2 Planned Single Family Residence District the property described in Section 2, which shall be designed, developed, and operated subject to the following provisions:
A. Purpose and Intent. The purpose of the PSFR2 Planned Single Family Residence District is to provide a planned urban residential environment of moderate density for single-family detached dwellings, subject to the provisions of Chapter 19.60 “Planned Developments” of the Elgin Municipal Code, as amended. A PSFR2 zoning district is most similar to, but departs from the standard requirements of the SFR2 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 PSFR2 Planned Single Family Residence District, the use and development of land and structures shall be subject to the provisions of Chapter 19.05 “General Provisions”, of the Elgin Municipal Code, as amended.
D. Zoning Districts; Generally. In this PSFR2 Planned Single Family Residence 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. PSFR2 Planned Single Family Residence Districts should be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate PSFR2 Planned Single Family Residence District exclusive of rights of way, but including adjoining land or land directly opposite a right of way shall not be less than two (2) acres. No departure from the required minimum size of a planned industrial district shall be granted by the City Council.
F. Land Use. In this PSFR2 Planned Single Family Residence 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 PSFR2 Planned Single Family Residence District:
1. Permitted Uses. Those land uses enumerated as permitted uses within the SFR2 Single Family Residence District, Section 19.25.330 A., Land Use, of the Elgin Municipal Code, as it may be amended from time to time.
2. Conditional Uses. Those land uses enumerated as conditional uses within the SFR2 Single Family Residence District, Section 19.25.330 B., Land Use, of the Elgin Municipal Code, as it may be amended from time to time.
G. Site Design. In this PSFR2 Planned Single Family Residence District, the use and development of land and structures shall be subject to the provisions of Chapter 19.12, “Site Design”, of the Elgin Municipal Code, as amended, Section 19.25.335 “Site Design” for SFR2 Single Family Residence District, of the Elgin Municipal Code, as amended, except as provided within this section, and shall be in substantial conformance with the following:
1. Lot Area. In this PSFR2 zoning district, the minimum required "zoning lot area" [SR] shall be seven thousand four hundred thirty four (7,434) square feet per dwelling unit. The minimum required lot area for a zoning lot shall be nine thousand six hundred seventy six (9,676) square feet for all "through lots" [SR] and for all "corner lots" [SR].
2. Lot Width. In this PSFR2 zoning district, the minimum required "lot width" [SR] for a zoning lot shall be sixty three (63) linear feet. The minimum required lot width for a zoning lot shall be eighty two (82) linear feet for corner lots.
3. Setbacks by Lot Line. In this PSFR2 zoning district, the minimum required "building" [SR] "setbacks" [SR] for a zoning lot shall be as follows:
1. Street Setback: The minimum required setback for a building from a "limited access street" [SR], "arterial street" [SR], "major collector street" [SR], "collector street" [SR], or "local street" [SR] "lot line" [SR] shall be as follows:
Local Street: Where a zoning lot has frontage on a local street, the minimum required setback for a building from a street lot line shall be twenty five (25) linear feet.
2. Side Setback: The minimum required building setback from a "side lot line" [SR] shall be six (6) linear feet. The combined width of the side setbacks from the side lot lines shall not be less than twelve (12) linear feet.
3. Interior Setback: The minimum required building setback from an "interior lot line" [SR] shall be six (6) linear feet.
4. Rear Setback: The minimum required building setback from a "rear lot line"
[SR] shall be thirty (30) linear feet.
4. Substantial conformance to the Development Application submitted by Tall Oaks Investment, LLC c/o Richard Guerard and D. R. Horton Inc.-Midwest c/o Omar A. Rodriguez Caballero or Danielle Dash, as applicants and property owners, received May 15, 2018, and supporting documents including:
a. Undated First Amendment to Rider Statement of Purpose and Conformance Amendment to Annexation Agreement and to existing Planned Development Districts, received September 6, 2018;
b. Proposed Temporary Sales and Marketing Signage Plan, dated October 10, 2018, received October 19, 2018, and undated representative model sales signage package, prepared by Parvin-Clauss Sign Company, received October 19, 2018;
c. ALTA/ACSM Land Title Survey, prepared by Mackie Consultants, LLC, dated March 23, 2015, last revised February 3, 2016;
d. Zoning Exhibit Tall Oaks Unit 3, prepared by Mackie Consultants, LLC, dated August 24, 2018, last revised August 29, 2018;
e. Final Plat of Subdivision Tall Oaks Unit 3, prepared by Mackie Consultants, LLC, dated May 11, 2018, last revised October 30, 2018;
f. Landscape Plan Tall Oaks Unit 3, prepared by Gary R. Weber Associates Inc., dated May 8, 2018, last revised November 12, 2018;
g. Final Engineering Plans for Tall Oaks – Unit 3 City of Elgin, Illinois, prepared by Mackie Consultants, LLC, dated May 10, 2018, last revised November 26, 2018;
h. Storm Sewer Ownership Exhibit Tall Oaks-Unit 3 Elgin, Illinois, prepared Mackie Consultants, LLC, dated September 18, 2018.
In the event of any conflict between such documents and the terms of this ordinance or other applicable city ordinances, the terms of this ordinance or other applicable city ordinances shall supersede and control.
5. The design, and construction and maintenance for all homes shall be in conformance with the Residential Area Design Guidelines for single family homes as set forth in Appendix A to the 2018 Comprehensive Plan for the City of Elgin. Developer shall submit architectural plans for all homes, including to-scale floor plans and elevations for each side of the home, for review and approval by the City's Development Administrator prior to the issuance of a building permit for a home. Notwithstanding provisions within the Residential Area Design Guidelines, vinyl siding shall not be a permitted primary building material. Architectural plans found by the Development Administrator not to conform to such Residential Area Design Guidelines may only be approved as an amendment to the Annexation Agreement and planned development ordinance relating to Unit 3.
6. The applicant shall install a 6-foot high white PVC privacy fence in substantial compliance to the “Fence Exhibit” dated October 16, 2018 along the rear lot lines of Lots 82, 83, 84, 85 and 86 backing up to US Route 20. The same type of 6-foot high white PVC privacy fence in substantial compliance to the “Fence Exhibit” dated October 16, 2018, shall be the only type of fence permitted to be installed, and must be maintained as such, along the side and rear lot lines of Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 106 backing up to and adjacent to Gansett Parkway.
7. Compliance with all applicable codes and ordinances.
H. Off Street Parking. In this PSFR2 Planned Single Family Residence District, off- street parking shall be subject to the provisions of Chapter 19.45 “Off Street Parking”, of the Elgin Municipal Code, as amended.
I. Off Street Loading. In this PSFR2 Planned Single Family Residence 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 PSFR2 Planned Single Family Residence District, signs shall be subject to the provisions of 19.50 “Street Graphics”, of the Elgin Municipal Code, as amended.
K. Nonconforming Uses and Structures. In this PSFR2 Planned Single Family Residence District, nonconforming uses and structures shall be subject to the provisions of Chapter 19.52 “Nonconforming Uses and Structures” of the Elgin Municipal Code, as amended.
L. Amendments. In this PSFR2 Planned Single Family Residence District, text and map amendments shall be subject to the provisions of Chapter 19.55 “Amendments” of the Elgin Municipal Code, as amended
M. Planned Developments. In this PSFR2 Planned Single Family Residence 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. A conditional use for a planned development may be requested by the property owner without requiring an amendment to this PSFR2 zoning district.
N. Conditional Uses. In this PSFR2 Planned Single Family Residence District, 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 the property owner without requiring an amendment to this PSFR2 zoning district.
O. Variations. In this PSFR2 Planned Single Family Residence District, variations shall be subject to the provisions of Chapter 19.10.500 “Authorized Land Use Variations”, Chapter 19.12.800 “Authorized Site Design Variations”, and Chapter 19.70 “Variations”, of the Elgin Municipal Code, as amended. A variation may be requested by the property owner without requiring an amendment to this PSFR2 zoning district.
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. Prior to building permit issuance, for each building or structure proposed to be built within the planned development, a soils suitability and bearing capacity test shall be performed as required by the City Engineer and the Development Administrator.
Q. Buildings – Required Improvements. In addition to those building improvements required by Title 16 of the Elgin Municipal Code, the following building improvements shall also be required:
1. All sanitary sewer shall be overhead sewers.
2. All structures containing sump pits and pumps shall have separate lines
connecting the sump pump to the storm sewer as required by the City Engineer and the Development Administrator.
R. 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. The provisions of this ordinance shall apply to the portion of the subject property legally described in and subject to the terms of the Second Amendment to Annexation Agreement for the subject property.
Section 5. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law.
David J. Kaptain, Mayor
Presented: December 5, 2018 Passed: December5,2018 Vote: Yeas: 8 Nays: 0 Recorded: December 5, 2018 Published: December 7, 2018
Attest:
s/ Kimberly Dewis Kimberly Dewis, City Clerk
ORDINANCE G63-18 PASSED AMENDING ORDINANCE NO. G2-08 WHICH AMENDED ORDINANCE NO. G15-04 CLASSIFYING TERRITORY IN THE PCF PLANNED COMMUNITY FACILITY DISTRICT (TALL OAKS SUBDIVISION UNIT 3)
Councilmember Shaw made a motion, seconded by Councilmember Powell, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Ordinance No. G63-18
AN ORDINANCE
AMENDING ORDINANCE NO. G2-08 WHICH AMENDED ORDINANCE NO. G15-04 CLASSIFYING TERRITORY IN THE PCF PLANNED COMMUNITY FACILITY DISTRICT (Tall Oaks Subdivision Unit 3)
WHEREAS, the property herein has previously been annexed to the City of Elgin; and
WHEREAS, the property has previously been classified in the PCF zoning district pursuant to Ordinance No. G15-04, as amended in its entirety by Ordinance No. G2-08; and
WHEREAS, a written application has been made to reclassify certain property legally described herein (the “Subject Property”) from PSFR2 Planned Single Family Residence District to PCF Planned Community Facility District established by Ordinance No. G15-04, as amended in its entirety by Ordinance No. G2-08; and
WHEREAS, after due notice in the manner provided by law the Planning and Zoning Commission conducted a public hearing on September 10, 2018 concerning said application; and
WHEREAS, the Community Development Department and the Planning and Zoning Commission have submitted their written Findings of Fact and 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 perform any function pertaining to its government and affairs; and
WHEREAS, zoning, including, but not limited to, this ordinance granting a map amendment from PSFR2 Planned Single Family Residence District to PCF Planned Community Facility District pertains 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 September 10, 2018, and the recommendations 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 Ordinance No. G2-08 previously adopted by the City Council of the City of Elgin and classifying the property described therein in the PCF Planned Community Facility District is hereby amended as follows:
A. Section 1 of Ordinance No. G2-08 is hereby amended by adding the following thereto:
That Chapter 19.07, Section 19.07.600 entitled 'Zoning District Map' of the Elgin Municipal Code, 1976, as amended, be and the same is hereby further amended by adding thereto the following additional paragraphs:
“The boundaries herein before laid out in the ‘Zoning District Map’, as amended, be and are hereby altered by including in the PCF Planned Community Facility District, established by Ordinance No. G2-08, the following additional described property:
Those areas on the attached Zoning Exhibit Tall Oaks Unit 3 Elgin, Illinois, prepared by Mackie Consultant,, LLC, dated August 24, 2018, last revised August 29, 2018, designated thereon in the PCF Planned Community Facility District”
B. Section 2. G. of Ordinance G2-08, which regulates “Site Design” in the PCF Planned Community Facility District of the subject property, is hereby amended to include the following additional conditions within this PCF zoning district:
4. Substantial conformance to the Development Application submitted by Tall Oaks Investment, LLC c/o Richard Guerard and D. R. Horton Inc.-Midwest c/o Omar A. Rodriguez Caballero or Danielle Dash, as applicants and property owners, received May 15, 2018, and supporting documents including:
a. Undated First Amendment to Rider Statement of Purpose and Conformance Amendment to Annexation Agreement and to existing Planned Development Districts, received September 6, 2018;
b. Proposed Temporary Sales and Marketing Signage Plan, dated October 10, 2018, received October 19, 2018, and undated representative model sales signage package, prepared by Parvin-Clauss Sign Company, received October 19, 2018;
c. ALTA/ACSM Land Title Survey, prepared by Mackie Consultants, LLC, dated March 23, 2015, last revised February 3, 2016;
d. Zoning Exhibit Tall Oaks Unit 3, prepared by Mackie Consultants, LLC, dated August 24, 2018, last revised August 29, 2018;
e. Final Plat of Subdivision Tall Oaks Unit 3, prepared by Mackie Consultants, LLC, dated May 11, 2018, last revised October 30, 2018;
f. Landscape Plan Tall Oaks Unit 3, prepared by Gary R. Weber Associates Inc., dated May 8, 2018, last revised November 12, 2018;
g. Final Engineering Plans for Tall Oaks – Unit 3 city of Elgin, Illinois, prepared by Mackie Consultants, LLC, dated May 10, 2018, last revised November 26, 2018;
h. Storm Sewer Ownership Exhibit Tall Oaks-Unit 3 Elgin, Illinois, prepared Mackie Consultants, LLC, dated September 18, 2018.
In the event of any conflict between such documents and the terms of this ordinance or other applicable city ordinances, the terms of this ordinance or other applicable city ordinances shall supersede and control.
Section 3. The provisions of this ordinance shall apply to the portion of the subject property legally described in and subject to the terms of the Second Amendment to Annexation Agreement for the subject property.
Section 4. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law.
David J. Kaptain, Mayor
Presented: December 5, 2018 Passed: December5,2018 Vote: Yeas: 8 Nays: 0 Recorded: December 5, 2018 Published: December 7, 2018
Attest:
s/ Kimberly Dewis Kimberly Dewis, City Clerk
ORDINANCE G64-18 PASSED AMENDING PMFR PLANNED MULTIPLE FAMILY RESIDENCE DISTRICT ORDINANCE NO. G3-08 (TALL OAKS SUBDIVISION UNIT 5)
Councilmember Powell made a motion, seconded by Councilmember Shaw, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Ordinance No. G64-18
AN ORDINANCE
AMENDING PMFR PLANNED MULTIPLE FAMILY RESIDENCE DISTRICT ORDINANCE NO. G3-08 (Tall Oaks Subdivision Unit 5)
WHEREAS, the property herein has previously been annexed to the City of Elgin; and
WHEREAS, the property has previously been classified in the PMFR Planned Multiple Family Residence District and is subject to the requirements of Ordinance No. G3-08; and
WHEREAS, a written application has been made to amend PMFR Planned Multiple Family Residence District Ordinance No. G3-08 to allow for the development of townhomes in Unit 5 of Tall Oaks Subdivision; and
WHEREAS, the zoning lot containing the premises of Unit 5 of Tall Oaks Subdivision is legally described in Ordinance No. G3-08 (the “Subject Property”); and
WHEREAS, after due notice in the manner provided by law the Planning and Zoning Commission conducted a public hearing on September 10, 2018 concerning said application; and
WHEREAS, the Community Development Department and the Planning and Zoning Commission have submitted their written Findings of Fact and 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 perform any function pertaining to its government and affairs; and
WHEREAS, zoning, including, but not limited to, this ordinance granting an amendment to the PMFR Planned Multiple Family Residence District pertains 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 September 10, 2018, and the recommendations 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 Section 2. G. of Ordinance No. G3-08, which regulates “Site Design” in the PMFR Planned Multiple Family Residence District of the subject property, is hereby amended to include the following additional conditions within this PMFR zoning district:
8. Substantial conformance to the Development Application submitted by Tall Oaks Investment, LLC c/o Richard Guerard and D. R. Horton Inc.-Midwest c/o Omar A. Rodriguez Caballero or Danielle Dash, as applicants and property owners, received May 15, 2018, and supporting documents including:
i. Undated First Amendment to Rider Statement of Purpose and Conformance Amendment to Annexation Agreement and to existing Planned Development Districts, received September 6, 2018;
j. Undated representative model sales signage package, prepared by Parvin-Clauss Sign Company, received September 6, 2018;
k. ALTA/NSPS Land Title Survey Tall Oaks Unit 4 and Tract to the East, Elgin, Illinois, prepared by Mackie Consultants, LLC, dated October 5, 2017, last revised November 2, 2017;
l. Final Plat of Subdivision Tall Oaks Subdivision Unit 5, prepared by Mackie Consultants, LLC, dated April 20, 2018, last revised September 20, 2018;
m. Landscape Plan Tall Oaks – Unit 5 Elgin, Illinois, prepared by Gary R. Weber Associates Inc., dated May 3, 2018, last revised September 4, 2018;
n. Public and Private Storm Sewer Exhibit Tall Oaks Unit 5 Elgin Illinois, prepared by Mackie Consultants, LLC, dated July 3, 2018, last revised August 17, 2018;
o. Final Engineering Plans for Tall Oaks - Unit 5 City of Elgin, Illinois, prepared by Mackie Consultants, LLC, dated April 20, 2018, last revised October 11, 2018;
p. Dog Park Exhibit Elgin, Illinois prepared by Gary R. Weber Associates Inc., dated
August 30, 2018 and the associated Dog Park Landscaping Detail dated August 30, 2018 prepared by Gary R. Weber Associates Inc.;
q. Six page set of plans and elevations for multiple family townhomes, dated October
24, 2017, prepared by Premiere Architecture Inc., as submitted to and approved by the City's Director of Community Development, Marc Mylott, on November 9, 2017.
r. Offsite Water Main Exhibit Tall Oaks-Unit 5 Elgin, Illinois, prepared by Mackie Consultants, LLC, dated October 11, 2018; and
s. Plat of Easement East of proposed Tall Oaks Unit 5 Elgin, Illinois, prepared by Mackie Consultants, LLC, dated October 10, 2018.
In the event of any conflict between such documents and the terms of this ordinance or other applicable city ordinances, the terms of this ordinance or other applicable city ordinances shall supersede and control.
9. Compliance with all applicable codes and ordinances.
Section 3. The provisions of this ordinance shall apply to the portion of the subject property legally described in and subject to the terms of the Second Amendment to Annexation Agreement for the subject property.
Section 4. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law.
David J. Kaptain, Mayor
Presented: December 5, 2018 Passed: December5,2018 Vote: Yeas: 8 Nays: 0 Recorded: December 5, 2018 Published: December 7, 2018
Attest:
s/ Kimberly Dewis Kimberly Dewis, City Clerk
RESOLUTION 18-122 ADOPTED APPROVING FINAL PLAT OF SUBDIVISION FOR FINAL PLAT OF SUBDIVISION TALL OAKS SUBDIVISION UNIT 5
Councilmember Dixon made a motion, seconded by Councilmember Martinez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
RESOLUTION
APPROVING FINAL PLAT OF SUBDIVISION FOR
FINAL PLAT OF SUBDIVISION TALL OAKS SUBDIVISION UNIT 5
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the Final Plat of Subdivision for Final Plat of Subdivision Tall Oaks Subdivision Unit 5, prepared by Mackie Consultants, LLC, dated April 20, 2018, last revised September 20, 2018.
s/ David J. Kaptain David J. Kaptain, Mayor
Presented: December 5, 2018 Adopted: December 5, 2018 Vote: Yeas: 8 Nays: 0
Attest:
s/ Kimberly Dewis Kimberly Dewis, City Clerk
ORDINANCE G69-18 TABLED AMENDING CHAPTER 14.04 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "WATER REGULATIONS" PROVIDING FOR A LEAD WATER SERVICE PIPE REPLACEMENT PROGRAM
Councilmember Powell made a motion, seconded by Councilmember Shaw, to remove Ordinance G69-18 removed from the table for consideration. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Dr. Dorothea Poulos, Chair of the Board of Health, addressed the council regarding the proposed lead water service pipe replacement program ordinance. She outlined the impacts of lead. She stated her concerns with the third option in the program which utilized filters or the use of bottled water for a two year period. She recommended changes to the waiver, water testing and community education.
There was discussion regarding the testing process, the number of water lines impacted, the potential costs for testing and the party that would be responsible for the testing cost. Also discussed was the notification requirements for rental properties when the waiver option was selected.
RESOLUTION
APPROVING FINAL PLAT OF SUBDIVISION FOR
FINAL PLAT OF SUBDIVISION TALL OAKS SUBDIVISION UNIT 5
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the Final Plat of Subdivision for Final Plat of Subdivision Tall Oaks Subdivision Unit 5, prepared by Mackie Consultants, LLC, dated April 20, 2018, last revised September 20, 2018.
s/ David J. Kaptain David J. Kaptain, Mayor
Presented: December 5, 2018 Adopted: December 5, 2018 Vote: Yeas: 8 Nays: 0
Attest:
s/ Kimberly Dewis Kimberly Dewis, City Clerk
ORDINANCE G69-18 TABLED AMENDING CHAPTER 14.04 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "WATER REGULATIONS" PROVIDING FOR A LEAD WATER SERVICE PIPE REPLACEMENT PROGRAM
Councilmember Powell made a motion, seconded by Councilmember Shaw, to remove Ordinance G69-18 removed from the table for consideration. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Dr. Dorothea Poulos, Chair of the Board of Health, addressed the council regarding the proposed lead water service pipe replacement program ordinance. She outlined the impacts of lead. She stated her concerns with the third option in the program which utilized filters or the use of bottled water for a two year period. She recommended changes to the waiver, water testing and community education.
There was discussion regarding the testing process, the number of water lines impacted, the potential costs for testing and the party that would be responsible for the testing cost. Also discussed was the notification requirements for rental properties when the waiver option was selected.
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, be and is hereby authorized and directed to execute a Lease Agreement on behalf of the City of Elgin with Nadler Golf Car Sales Inc., for 72 new golf cars at the Bowes Creek Country Club, a copy of which is attached hereto and made a part hereof by reference.
David J. Kaptain, Mayor
Presented: December 5, 2018 Adopted: December 5, 2018 Omnibus Vote: Yeas: 8 Nays: 0
Attest:
Kimberly Dewis, City Clerk
RESOLUTION 18-131 ADOPTED DETERMINING THAT CERTAIN REAL ESTATE LOCATED AT 1600 SHALES PARKWAY (1451 SHELDON DRIVE) IS APPROPRIATE FOR CLASS 6B COOK COUNTY REAL PROPERTY ASSESSMENT CLASSIFICATION (TKMS II, LLC)
Councilmember Powell made a motion, seconded by Councilmember Martinez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Resolution No. 18-131
RESOLUTION
DETERMINING THAT CERTAIN REAL ESTATE LOCATED AT 1600 SHALES PARKWAY (1451 SHELDON DRIVE) IS APPROPRIATE FOR CLASS 6B COOK COUNTY REAL PROPERTY ASSESSMENT CLASSIFICATION
(TKMS II, LLC)
WHEREAS, TKMS II, LLC (the "Applicant") has applied for or is applying for a Class 6b Cook County Real Property Assessment Classification for the property located at 1600 Shales Parkway (1451 Sheldon Drive), Cook County, Illinois, consisting of Permanent Index Number 06-20-300- 020-0000 as further described in the legal description attached hereto as Exhibit “A” and made a part hereof (the "Property"); and
WHEREAS, the Property is a vacant and unimproved parcel consisting of 37.92 acres of total land area; and
WHEREAS, the Applicant has applied for or is applying for a Class 6b property status for the Property based on new construction for industrial use consisting of a new approximately 477,000 square foot industrial building for warehousing and distribution on the Property; and
WHEREAS, the City of Elgin has received and filed the Applicant's Economic Disclosure Statement as defined by Cook County Ordinance.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby finds and determines that the Property is appropriate for classification 6b under the Cook County Real Property Assessment Classification Ordinance.
BE IT FURTHER RESOLVED that the City of Elgin supports and consents to the Class 6b Cook County Real Property Assessment Classification for the Property based on new construction for industrial use.
BE IT FURTHER RESOLVED that the City of Elgin finds that the Class 6b Classification is necessary for development to occur on the Property.
BE IT FURTHER RESOLVED THAT THE City Clerk be and is hereby authorized and directed to furnish the Office of the Cook County Assessor with two certified copies of this resolution.
David J. Kaptain, Mayor
Presented: December 5, 2018 Adopted: December 5, 2018 Omnibus Vote: Yeas: 8 Nays: 0
Attest:
s/ Kimberly Dewis Kimberly Dewis, City Clerk
RESOLUTION 18-132 ADOPTED APPROVING SETTLEMENTS OF CERTAIN WORKERS' COMPENSATION CASES
Councilmember Powell made a motion, seconded by Councilmember Martinez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Resolution No. 18-132
RESOLUTION
APPROVING SETTLEMENTS OF CERTAIN WORKERS' COMPENSATION CASES
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the proposed settlement of the pending workers' compensation case of Kanen Terry, Case No. 17 WC 25519, in the total amount of $70,166.20 is approved.
David J. Kaptain, Mayor
Presented: December 5, 2018 Adopted: December 5, 2018 Omnibus Vote: Yeas: 8 Nays: 0
Attest:
s/ Kimberly Dewis Kimberly Dewis, City Clerk
ORDINANCE G70-18 PASSED AMENDING ORDINANCE NO. G21-97 GRANTING A CONDITIONAL USE FOR A COMMERCIAL PLANNED DEVELOPMENT (816 ST. CHARLES STREET)
Councilmember Powell made a motion, seconded by Councilmember Martinez, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Ordinance No. G70-18
AN ORDINANCE
AMENDING ORDINANCE NO. G21-97 GRANTING A CONDITIONAL USE FOR A COMMERCIAL PLANNED DEVELOPMENT
(816 St. Charles Street)
WHEREAS, written application has been made requesting an amendment to the conditional use for a commercial planned development established by Ordinance No. G21-97 at 816 St. Charles Street; and
WHEREAS, the zoning lot with the building containing the premises at 816 St. Charles Street is legally described in Ordinance G21-97 (the “Subject Property”); and
WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on November 5, 2018 following due notice including 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 perform any function pertaining to its government and affairs; and
WHEREAS, zoning, including, but not limited to, this ordinance granting an amendment to conditional use for a commercial planned development established by Ordinance G21-97 pertains 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 November 5, 2018, and the recommendations 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 Section 2 of Ordinance G21-97 is hereby amended to include the following additional conditions:
2. Substantial conformance to the Development Application submitted by Kabir Ahmed, as applicant and property owner, received July 27, 2018, and supporting documents including:
a. Amendment for a Statement of Purpose and Conformance, prepared by Watermark Engineering Resources Ltd, dated July 25, 2018;
b. Boundary and Topographic Survey, prepared by Compass Surveying Ltd, dated August 25, 2014;
c. Site Plan, prepared by Watermark Engineering Resources Ltd, dated November 2, 2018, with such further revisions as required by the Community Development Director;
d. Proposed Floor Plan Sheet A1.0, prepared by Lingle Design Group Inc., dated June 19, 2018;
e. Enlarged Service Area Plan Sheet A4.0, prepared by Lingle Design Group Inc., dated June 19, 2018;
f. Proposed Elevations Sheet A2.0, prepared by Lingle Design Group Inc., dated July 23, 2018, last revised July 31, 2018, with such further revisions as required by the Community Development Director;
g. Proposed Elevations Sheet A2.1, prepared by Lingle Design Group Inc., dated July
23, 2018, last revised November 2, 2018, with such further revisions as required by
the Community Development Director;
h. Landscape Plan, prepared by Watermark Engineering Resources Ltd, dated
October 9, 2018, with such further revisions as required by the Community
Development Director;
i. Trash Enclosure Plan + Details Sheet SSD-4, prepared by Samartano and Company
Structural Engineers, dated September 20, 2018, with such further revisions as
required by the Community Development Director;
j. Undated Color Plan, prepared by Watermark Engineering Resources Ltd, received
October 15, 2018;
k. Signage Exhibit, prepared by Watermark Engineering Ltd, dated October 9, 2018,
with such further revisions as required by the Community Development Director;
and
l. Undated Sign Plans, prepared by Everbrite, dated received October 15, 2018, with
such further revisions as required by the Community Development Director.
In the event of any conflict between such documents and the terms of this ordinance or other applicable city ordinances, the terms of this ordinance or other applicable city ordinances shall supersede and control.
3. Departure is hereby granted to permit a total of 24 parking spaces on the property for the existing restaurant and motor vehicle service station with a convenience store.
4. Departure is hereby granted to permit a total of three wall graphics for the existing restaurant (eating place) use on the property in substantial compliance with the following:
a. Proposed Elevations Sheet A2.0, prepared by Lingle Design Group Inc., dated
July 23, 2018, last revised July 31, 2018, with such further revisions as required by
the Community Development Director;
b. Proposed Elevations Sheet A2.1, prepared by Lingle Design Group Inc., dated July
23, 2018, last revised November 2, 2018, with such further revisions as required by
the Community Development Director;
c. Signage Exhibit, prepared by Watermark Engineering Ltd, dated October 9, 2018,
with such further revisions as required by the Community Development Director;
and
d. Undated Sign Plans, prepared by Everbrite, dated received October 15, 2018, with
such further revisions as required by the Community Development Director.
5. A departure is hereby granted to install a total of four drive-through facility graphics in substantial conformance to the following:
a. Signage Exhibit, prepared by Watermark Engineering Ltd, dated October 9, 2018,
with such further revisions as required by the Community Development Director;
and
b. Undated Sign Plans, prepared by Everbrite, dated received October 15, 2018, with such further revisions as required by the Community Development Director. Such parking lot graphics must have a masonry monument base.
6. A departure is hereby granted to install two parking lot graphics with a maximum sign surface area of two square feet, which does not include the surface area of the monument base, which shall be a masonry base, and maximum height of three feet, in substantial conformance with the following:
a. Signage Exhibit, prepared by Watermark Engineering Ltd, dated October 9, 2018, with such further revisions as required by the Community Development Director; and
b. Undated Sign Plans, prepared by Everbrite, dated received October 15, 2018, with such further revisions as required by the Community Development Director.
7. A departure is hereby granted to install one canopy graphic on top of the restaurant entrance canopy and not to exceed 2.42 square feet in sign surface area in substantial conformance with the following:
a. Proposed Elevations Sheet A2.0, prepared by Lingle Design Group Inc., dated July
23, 2018, last revised July 31, 2018, with such further revisions as required by the
Community Development Director;
b. Proposed Elevations Sheet A2.1, prepared by Lingle Design Group Inc., dated July
23, 2018, last revised November 2, 2018, with such further revisions as required by
the Community Development Director;
c. Signage Exhibit, prepared by Watermark Engineering Ltd, dated October 9, 2018,
with such further revisions as required by the Community Development Director;
and
d. Undated Sign Plans, prepared by Everbrite, dated received October 15, 2018, with
such further revisions as required by the Community Development Director.
8. The restaurant shall not schedule deliveries during the peak hours of operation for the restaurant.
9. Compliance with all applicable codes and ordinances.
Section 3. That except as amended herein, the use and development of the subject property shall be controlled pursuant to the provisions of Ordinance No. G21-97. In the event of any conflict between this ordinance and Ordinance No. G21-97, this ordinance and associated documents shall control and prevail.
Section 4. That this ordinance shall be in full force and effect upon its passage in the manner provided by law.
David J. Kaptain, Mayor
Passed: December5,2018 Omnibus Vote: Yeas: 8 Nays: 0 Recorded: December 5, 2018 Published: December 7, 2018
Attest:
Kimberly Dewis, City Clerk
ORDINANCE G71-18 PASSED RECLASSIFYING TERRITORY IN THE GI GENERAL INDUSTRIAL DISTRICT AND PGI PLANNED GENERAL INDUSTRIAL DISTRICT ESTABLISHED BY ORDINANCE G51-17 TO A NEW PGI PLANNED GENERAL INDUSTRIAL DISTRICT (375 SECOND STREET AND 1751 BERKLEY STREET)
Councilmember Powell made a motion, seconded by Councilmember Martinez, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Ordinance No. G71-18
AN ORDINANCE
RECLASSIFYING TERRITORY IN THE GI GENERAL INDUSTRIAL DISTRICT AND PGI PLANNED GENERAL INDUSTRIAL DISTRICT ESTABLISHED BY ORDINANCE G51-17 TO A NEW PGI PLANNED GENERAL INDUSTRIAL DISTRICT
(375 Second Street and 1751 Berkley Street)
WHEREAS, written application has been made to reclassify certain property located at 375 Second Street from GI General Industrial District, and 1751 Berkley Street from PGI Planned General Industrial District established by Ordinance No. G51-17 to PGI Planned General Industrial District; and
WHEREAS, the zoning lot with the buildings containing the premises at 375 Second Street and 1751 Berkley Street is legally described herein (the “Subject Property”); and
WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on November 5, 2018 following due notice including 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 perform any function pertaining to its government and affairs; and
WHEREAS, zoning, including, but not limited to, this ordinance granting a planned development as a map amendment from GI General Industrial District, and PGI Planned General Industrial District established by Ordinance No. G51-17, to a new PGI Planned General Industrial District pertains 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 November 5, 2018, and the recommendations 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 19.07 Zoning Districts, Section 19.08.020 entitled “Official 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 PGI Planned General Industrial District the following described property:
LOT 1 AND LOT 2 IN BLOCK ‘B’ OF BURNIDGE BROTHERS INDUSTRIAL PARK UNIT NO. 1, BEING A SUBDIVISION OF PART OF THE NORTHEAST 1⁄4 OF SECTION 21 AND PART OF THE NORTHWEST 1⁄4 AND PART OF THE SOUTHWEST 1⁄4 OF SECTION 22, ALL IN TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN IN THE CITY OF ELGIN, ELGIN TOWNSHIP, KANE COUNTY, ILLINOIS
(commonly known as 375 Second Street), and
THE WEST 530.00 FEET OF LOT 1 IN BURNIDGE BROS. INDUSTRIAL PARK UNT NO. 1, BLOCK C SUBDIVISION OF THE SOUTHWEST 1⁄4 OF THE NORTHWEST 1⁄4, AND THE NORTHWEST 1⁄4 OF THE SOUTHWEST 1⁄4, OF SECTION 22, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN KANE COUNTY, ILLINOIS, ACCORDING TO THE PLAT THEREOF RECORDED JANUARY 13, 1964 AS DOCUMENT NUMBER 1015961.
(commonly known as 1751 Berkley Street).
Section 3. That the City Council of the City of Elgin hereby grants the rezoning from GI General Industrial District and PGI Planned General Industrial to a new PGI Planned General Industrial District at 375 Second Street and 1751 Berkley Street which shall be designed, developed, and operated subject to the following provisions:
A. Purpose and Intent. The purpose of the PGI Planned General Industrial District is to provide an alternate industrial environment for those industrial uses that do not require the location or environment of an ORI zoning district, subject to the provisions of Chapter 19.60 “Planned Developments” of the Elgin Municipal Code, as amended. A PGI zoning district is most similar to, but departs from the standard requirements of the GI 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.
H. General Provisions. In this PGI Planned General Industrial District, the use and development of land and structures shall be subject to the provisions of Chapter 19.05 “General Provisions”, of the Elgin Municipal Code, as amended.
I. Zoning Districts; Generally. In this PGI Planned General 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.
J. Location and Size of District. PGI Planned General Industrial Districts should be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate PGI Planned General Industrial District exclusive of rights of way, but including adjoining land or land directly opposite a right of way shall not be less than two (2) acres. No departure from the required minimum size of a planned industrial district shall be granted by the City Council.
F. Land Use. In this PGI Planned General Industrial District, the use and development of land and structures shall be subject to the provisions of Chapter 19.10 “Land Use”, 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 PGI Planned General Industrial District:
3. Permitted Uses. Those land uses enumerated as permitted uses within the GI General Industrial District, Section 19.40.330 A., Land Use, of the Elgin Municipal Code, as it may be amended from time to time.
4. Conditional Uses. Those land uses enumerated as conditional uses within the GI General Industrial District, Section 19.40.330 B., Land Use, of the Elgin Municipal Code, as it may be amended from time to time.
5. Similar Uses. Those land uses enumerated as similar uses within the GI General Industrial District, Section 19.40.330 C., Land Use, of the Elgin Municipal Code, as it may be amended from time to time.
K. Site Design. In this PGI Planned General Industrial District, the use and development of land and structures shall be subject to the provisions of Section 19.12, “Site Design”, of the Elgin Municipal Code, as amended, Section 19.40.335 “Site Design” for GI General Industrial District, of the Elgin Municipal Code, as amended, except as provided within this section, and shall be in substantial conformance with the following documents:
10. Substantial conformance to the Development Application submitted by COR3 Design LLC, as applicant, and R.L.R. Investments LLC, as property owner, received August 27, 2018, and supporting documents including:
a. Undated Statement of Purpose and Conformance letter, received November 5, 2018;
b. Undated R+L Carriers Material color and finish samples document, received August 15, 2018;
c. Industrial Strength Steel AEGIS II Invincible 2/3 –Rail fence plan by Ameristar, dated April 17, 2015, received October 5, 2018;
d. Undated Vertical Pivot Lift Gate Styles by AG AutoGate, received October 5, 2018;
e. Undated “The High-Security Series Full-Height Turnstile (Single)” plan, received October 5, 2015;
f. A.L.T.A./N.S.P.S. Land Title Survey, prepared by Spaceco Inc., dated August 24, 2017, last revised March 13, 2018;
g. Terminal and Office Elevations Sheet A5.02 in color, prepared by COR3 Design, LLC, dated May 12, 2018, last revised October 2, 2018, with such further revisions as required by the Community Development Director;
h. Terminal Building Overall Floor Plan Sheet A2.01.1, prepared by COR3 Design, LLC, dated June 12, 2018, with such further revisions as required by the Community Development Director;
i. Terminal Building-Enlarged Office Floor Plan Sheet 2.01.2, prepared by COR3 Design, LLC, dated June 12, 2018, with such further revisions as required by the Community Development Director;
j. Terminal Building-Enlarged Floor Plan Sheet A2.01.3, prepared by COR3 Design, LLC, dated June 12, 2018, with such further revisions as required by the Community Development Director;
k. Fuel Island Sheet A2.03, prepared by COR3 Design, LLC, dated June 12, 2018, with such further revisions as required by the Community Development Director;
l. Terminal Building Elevations Sheet A5.01, prepared by COR3 Design, LLC, dated June 12, 2018, with such further revisions as required by the Community Development Director;
Terminal and Office Elevations Sheet A5.02 in black and white, prepared by COR3 Design, LLC, dated June 12, 2018, with such further revisions as required by the Community Development Director;
Maintenance Building-Overall Floor Plan Sheet A2.01, prepared by COR3 Design, LLC, dated June 12, 2018, with such further revisions as required by the Community Development Director;
Maintenance Building – Elevations Sheet A5.04, prepared by COR3 Design, LLC, dated June 12, 2018, received October 1, 2018, with such further revisions as required by the Community Development Director; R&L Carriers Proposed Office & Truck Terminal Building Expansion engineering plans, prepared by Norman J. Toberman & Associates, LLC, dated October 4, 2018, with such further revisions as required by the City Engineer;
R&L Carriers Proposed Maintenance Building & Parking Lot engineering plans, prepared by Norman J. Toberman & Associates, LLC, dated October 4, 2018, with such further revisions as required by the City Engineer; Semitruck Turning Exhibit Sheet TE-1, prepared by Norman J. Toberman & Associates, LLC, dated August 2, 2018; and
Buckeye “500” VPG (21’-6”x6’-0”) fence plan, by AutoGate, dated January 24, 2018.
In the event of any conflict between such documents and the terms of this ordinance or other applicable city ordinances, the terms of this ordinance or other applicable city ordinances shall supersede and control.
11. A departure is hereby granted to construct a commercial operations yard in the street yards along Fleetwood Drive, Second Street, and Berkley Street on the property commonly known as 1751 Berkley Street, and in the street yard along Berkley Street on the property commonly known as 375 Second Street in substantial conformance to the following:
a. R&L Carriers Proposed Office & Truck Terminal Building Expansion engineering plans, prepared by Norman J. Toberman & Associates, LLC, dated October 4, 2018, with such further revisions as required by the City Engineer;
b. R&L Carriers Proposed Maintenance Building & Parking Lot engineering plans, prepared by Norman J. Toberman & Associates, LLC, dated October 4, 2018, with such further revisions as required by the City Engineer;
12. A departure is hereby granted to screen the commercial operations yard with a fence other than a six-foot high solid fence. A six-foot high, open-design, black, aluminum fence shall be installed in the street yards to enclose the proposed commercial operations yards along Fleetwood Drive, Second Street, and Berkley Street on the property commonly known as 1751 Berkley Street, and in the street yard along Berkley Street on the property commonly known as 375 Second Street in substantial conformance to the following:
Industrial Strength Steel AEGIS II Invincible 2/3 –Rail fence plan by Ameristar, dated April 17, 2015, received October 5, 2018;
Undated Vertical Pivot Lift Gate Styles by AG AutoGate, received October 5, 2018;
R&L Carriers Proposed Office & Truck Terminal Building Expansion engineering plans, prepared by Norman J. Toberman & Associates, LLC, dated October 4, 2018, with such further revisions as required by the City Engineer;
R&L Carriers Proposed Maintenance Building & Parking Lot engineering plans, prepared by Norman J. Toberman & Associates, LLC, dated October 4, 2018, with such further revisions as required by the City Engineer;
13. A departure is hereby granted to install a maximum six-foot high, open-design, black, aluminum fence in the street yards along Fleetwood Drive, Second Street, and Berkley Street on the property commonly known as 1751 Berkley Street, and in the street yard along Berkley Street on the property commonly known as 375 Second Street, in substantial conformance to the following:
a. Industrial Strength Steel AEGIS II Invincible 2/3 –Rail fence plan by Ameristar, dated April 17, 2015, received October 5, 2018;
b. Undated Vertical Pivot Lift Gate Styles by AG AutoGate, received October 5, 2018;
c. R&L Carriers Proposed Office & Truck Terminal Building Expansion engineering plans, prepared by Norman J. Toberman & Associates, LLC, dated October 4, 2018, with such further revisions as required by the City Engineer;
d. R&L Carriers Proposed Maintenance Building & Parking Lot engineering plans, prepared by Norman J. Toberman & Associates, LLC, dated October 4, 2018, with such further revisions as required by the City Engineer;
14. A departure is hereby granted to allow the installation of architectural metal siding in excess of twenty five percent (25%) of an exterior elevation on the property commonly known as 1751 Berkley Street, and on the property commonly known as 375 Second Street in substantial conformance to the following:
a. Undated R+L Carriers Material color and finish samples document, received August 15, 2018;
b. Terminal and Office Elevations Sheet A5.02 in color, prepared by COR3 Design, LLC, dated May 12, 2018, last revised October 2, 2018, with such further revisions as required by the Community Development Director;
c. Terminal Building Elevations Sheet A5.01, prepared by COR3 Design, LLC, dated June 12 ,2018, with such further revisions as required by the Community Development Director;
d. Terminal and Office Elevations Sheet A5.02 in black and white, prepared by COR3 Design, LLC, dated June 12, 2018, with such further revisions as required by the Community Development Director; and
e. Maintenance Building – Elevations Sheet A5.04, prepared by COR3 Design, LLC, dated June 12, 2018, received October 1, 2018, with such further revisions as required by the Community Development Director.
15. A departure is hereby granted to permit the installation of a generator in the street yard along Second Street in substantial conformance to the following:
a. R&L Carriers Proposed Office & Truck Terminal Building Expansion
engineering plans, prepared by Norman J. Toberman & Associates, LLC, dated October 4, 2018, with such further revisions as required by the City Engineer.
16. Notwithstanding the provisions of Chapter 19.52 of the Elgin Municipal Code regarding “Nonconforming Uses & Structures”, at any time following the issuance of a Certificate of Occupancy for Phase II of the work described within this application, where the applicant, owner, operator, or successors in interest wish to replace any portion of the existing chain link and barbed wire fence located on the property commonly known as 275 Second Street for any reason, including but not limited to damage, destruction, or deterioration, said replacement fence shall only be a six-foot high, open-design, black, aluminum fence which matches the six-foot high, open-design, black, aluminum fence installed upon the property commonly known as 1751 Berkley Street.
17. Compliance with all applicable codes and ordinances.
H. Off Street Parking. In this PGI Planned General Industrial District, off-street parking shall be subject to the provisions of Chapter 19.45 “Off Street Parking”, of the Elgin Municipal Code, as amended.
I. Off Street Loading. In this PGI Planned General 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 PGI Planned General Industrial District, signs shall be subject to the provisions of 19.50 “Street Graphics”, of the Elgin Municipal Code, as amended.
K. Nonconforming Uses and Structures. In this PGI Planned General Industrial District, nonconforming uses and structures shall be subject to the provisions of Chapter 19.52 “Nonconforming Uses and Structures” of the Elgin Municipal Code, as amended.
L. Amendments. In this PGI Planned General Industrial District, text and map amendments shall be subject to the provisions of Chapter 19.55 “Amendments” of the Elgin Municipal Code, as amended
M. Planned Developments. In this PGI Planned General 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.
A conditional use for a planned development may be requested by the property owner without requiring an amendment to this PGI zoning district.
N. Conditional Uses. In this PGI Planned General Industrial District, 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 the property owner without requiring an amendment to this PGI zoning district.
O. Variations. In this PGI Planned General Industrial District, variations shall be subject to the provisions of Chapter 19.10.500 “Authorized Land Use Variations”, Chapter 19.12.800 “Authorized Site Design Variations”, and Chapter 19.70 “Variations”, of the Elgin Municipal Code, as amended. A variation may be requested by the property owner without requiring an amendment to this PGI zoning district.
P. 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. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law.
David J. Kaptain, Mayor
Presented: December 5, 2018 Passed: December5,2018 Omnibus Vote: Yeas: 8 Nays: 0 Recorded: December 5, 2018 Published: December 7, 2018
Attest:
s/ Kimberly Dewis Kimberly Dewis, City Clerk
s/ David J. Kaptain David J. Kaptain, Mayor
REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE
Councilmember Shaw made a motion, seconded by Councilmember Martinez, to place the following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Presented: December 5, 2018 Passed: December5,2018 Omnibus Vote: Yeas: 8 Nays: 0 Recorded: December 5, 2018 Published: December 7, 2018
Attest:
s/ Kimberly Dewis Kimberly Dewis, City Clerk
s/ David J. Kaptain David J. Kaptain, Mayor
REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE
Councilmember Shaw made a motion, seconded by Councilmember Martinez, to place the following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
http://www.cityofelgin.org/ArchiveCenter/ViewFile/Item/6286
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