City of Elgin City Council met Aug. 24

By Kristine Gonzales-Abella

Oct 31, 2022

City of Elgin City Council met Aug. 24.

Here are the minutes provided by the council:

The regular meeting of the Council of the City of Elgin, Illinois, was held in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:43 p.m. The Pledge of Allegiance was led by Mayor David Kaptain.

ROLL CALL

Roll call was answered by Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Absent: None.

MINUTES OF THE AUGUST 10, 2022, COUNCIL MEETING APPROVED AS DISTRIBUTED

Councilmember Shaw made a motion, seconded by Councilmember Steffen, to approve the August 10, 2022, regular council meeting minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: None. Councilmember Powell abstained.

COMMUNICATIONS

None.

PUBLIC COMMENTS

None.

BID 22-045 AWARDED TO H&H ELECTRIC CO. FOR 2022 TRAFFIC SIGNAL SYSTEM IMPROVEMENTS

Councilmember Shaw made a motion, seconded by Councilmember Good, to approve a contract with H&H Electric Co. in the amount of $141,400 to provide necessary improvements to various signalized intersections to ensure aged and obsolete components are up to date. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: None.

BID 22-046 AWARDED TO E. HOFFMAN, INC. FOR TROUT PLAYGROUND REPLACEMENT

Councilmember Thoren made a motion, seconded by Councilmember Martinez, to award a bid to E. Hoffman, Inc. in the amount of $358,487 to purchase, remove, and install new playground equipment at Trout Park to ensure a safe and enjoyable leisure experience Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: None.

BID 22-049 AWARDED TO MARQUEE EVENT RENTALS FOR NIGHTMARE ON CHICAGO STREET EQUIPMENT RENTAL

Councilmember Good made a motion, seconded by Councilmember Dixon, to approve a contract with Marquee Event Rentals in the amount of $28,704 in order to secure a tent and related equipment rental for Nightmare on Chicago Street. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Powell, Rauschenberger, Steffen, Thoren, and Mayor Kaptain. Nays: Councilmember Martinez. Councilmember Shaw abstained.

BID 22-052 AWARDED TO SOUND WORKS PRODUCTION, INC. FOR NIGHTMARE ON CHICAGO STREET SOUND AND LIGHTING

Councilmember Steffen made a motion, seconded by Councilmember Good, to approve a contract with Sound Works Production, Inc. in the amount of $24,600 in order to secure production equipment rental for Nightmare on Chicago Street. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Powell, Rauschenberger, Steffen, Thoren, and Mayor Kaptain. Nays: Councilmember Martinez. Councilmember Shaw abstained.

PETITION 27-22 APPROVED FOR 30 DUPAGE COURT, UNIT 100; CONDITIONAL USE TO ESTABLISH A PHYSICAL FITNESS FACILITY WITHIN AN EXISTING FOUR-STORY BUILDING

Marc Mylott, Community Development Director, stated the applicant is proposing to establish a pro boxing fitness center within the 8,500-square foot ground floor of the Healy Building at 30 DuPage Court. The club is currently located in the 2,200-square foot 2nd floor space at 5 S. Spring Street. The applicant is proposing to relocate and expand the club to expand its membership, offer more space for free weights area, and generally allow for more workout room. No changes are proposed to the interior or the exterior of the building. The Planning and Zoning Commission and staff recommended approval of the application subject to the conditions outlined in the memo.

Councilmember Dixon made a motion, seconded by Councilmember Good, to approve Petition 27-22 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: None.

PETITION 28-22 APPROVED FOR 300 CORPORATE DRIVE; CONDITIONAL USE TO ESTABLISH AN ELECTRONIC SCRAP RECYCLING CENTER WITHIN AN EXISTING OFFICE AND WAREHOUSING BUILDING

Marc Mylott, Community Development Director, stated the applicant is proposing to establish an electronic scrap recycling services center within the southern portion of the building. The facility would accept end-of-life electronics where the materials are separated into ferrous metals, nonferrous metals, plastics, and circuit boards. Plastics and aluminum are delivered to local vendors for further recycling. Ferrous metals and circuit boards are shipped to smelting facilities where they are repurposed as raw material for new products. All material loading, unloading, sorting, and processing would be conducted entirely on the interior of the building. The Planning and Zoning Commission and staff recommended approval of the application subject to the conditions outlined in the memo.

There was discussion regarding the processing of possible hazardous materials during the recycling process, safety measures, and where the different recycled items are shipped to once they are broken into smaller components.

Councilmember Powell made a motion, seconded by Councilmember Martinez, to approve Petition 28-22 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: None.

RESOLUTION 22-154 ADOPTED AUTHORIZING EXECUTION OF A FOURTH AMENDMENT TO INTERGOVERNMENTAL AGREEMENT WITH THE VILLAGE OF SOUTH ELGIN FOR INTERCEPTOR SEWER ACCESS

There was discussion regarding the timing of the agreement and how the cost of future repairs to the interceptor sewer line would be shared between the two communities.

Councilmember Steffen made a motion, seconded by Councilmember Martinez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: None.

Resolution No. 22-154

RESOLUTION

AUTHORIZING EXECUTION OF A FOURTH AMENDMENT TO INTERGOVERNMENTAL AGREEMENT WITH THE VILLAGE OF SOUTH ELGIN FOR INTERCEPTOR SEWER ACCESS

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 a Fourth Amendment to the Intergovernmental Agreement on behalf of the City of Elgin with the Village of South Elgin, for interceptor sewer access, a copy of which is attached hereto and made a part hereof by reference.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: August 24, 2022

Adopted: August 24, 2022

Vote: Yeas: 9 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

CONSENT AGENDA

By unanimous consent, Councilmember Shaw made a motion, seconded by Councilmember Martinez, to pass Ordinance Nos. G48-22 through G53-22 and adopt Resolution Nos. 22-150 through 22-155 (except 22-154; see above) by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: None.

RESOLUTION 22-150 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH HAMPTON, LENZINI & RENWICK, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE CRAWFORD ROAD MFT-FUNDED RESURFACING PROJECT

Councilmember Shaw made a motion, seconded by Councilmember Martinez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: None.

Resolution No. 22-150

RESOLUTION

AUTHORIZING EXECUTION OF AN AGREEMENT WITH HAMPTON, LENZINI & RENWICK, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE CRAWFORD ROAD MFT-FUNDED RESURFACING PROJECT

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and

BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an Agreement on behalf of the City of Elgin with Hampton, Lenzini & Renwick, Inc., for professional services in connection with the Crawford Road MFT-funded resurfacing project, a copy of which is attached hereto and made a part hereof by reference.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: August 24, 2022

Adopted: August 24, 2022

Omnibus Vote: Yeas: 9 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

RESOLUTION 22-151 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH HAMPTON, LENZINI & RENWICK, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE HIGHLAND AVENUE STP-FUNDED RESURFACING PROJECT

Resolution No. 22-151

RESOLUTION

AUTHORIZING EXECUTION OF AN AGREEMENT WITH HAMPTON, LENZINI & RENWICK, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE HIGHLAND AVENUE STP-FUNDED RESURFACING PROJECT

BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an Agreement on behalf of the City of Elgin with Hampton, Lenzini & Renwick, Inc., for professional services in connection with the Highland Avenue STP-funded resurfacing project, a copy of which is attached hereto and made a part hereof by reference.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: August 24, 2022

Adopted: August 24, 2022

Omnibus Vote: Yeas: 9 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

RESOLUTION 22-152 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH HAMPTON, LENZINI & RENWICK, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE MCDONALD ROAD STP-FUNDED RESURFACING PROJECT

Resolution No. 22-152

RESOLUTION

AUTHORIZING EXECUTION OF AN AGREEMENT WITH HAMPTON, LENZINI & RENWICK, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE MCDONALD ROAD STP-FUNDED RESURFACING PROJECT

BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an Agreement on behalf of the City of Elgin with Hampton, Lenzini & Renwick, Inc., for professional services in connection with the McDonald Road STP-funded resurfacing project, a copy of which is attached hereto and made a part hereof by reference.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: August 24, 2022

Adopted: August 24, 2022

Omnibus Vote: Yeas: 9 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

RESOLUTION 22-153 ADOPTED AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH THE COUNTY OF KANE REGARDING COSTS ASSOCIATED WITH THE ALFT LANE-RANDALL ROAD INTERSECTION IMPROVEMENTS

Resolution No. 22-153

RESOLUTION

AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH THE COUNTY OF KANE REGARDING COSTS ASSOCIATED WITH THE ALFT LANE RANDALL ROAD INTERSECTION IMPROVEMENTS

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 an Intergovernmental Agreement on behalf of the City of Elgin with the County of Kane, regarding costs associated with the Alft Lane-Randall Road intersection improvements, a copy of which is attached hereto and made a part hereof by reference.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: August 24, 2022

Adopted: August 24, 2022

Omnibus Vote: Yeas: 9 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

RESOLUTION 22-155 ADOPTED APPOINTING MEMBERS TO THE SUSTAINABILITY COMMISSION

Resolution No. 22-155

RESOLUTION

APPOINTING MEMBERS TO THE SUSTAINABILITY COMMISSION

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Adrian Martinez is hereby appointed as a member of the Sustainability Commission, for a term that will expire on June 1, 2023.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: August 24, 2022

Adopted: August 24, 2022

Omnibus Vote: Yeas: 9 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

ORDINANCE G48-22 PASSED RECLASSIFYING TERRITORY IN THE CF COMMUNITY FACILITY DISTRICT TO A PCF PLANNED COMMUNITY FACILITY DISTRICT (695 SOUTH STATE STREET)

Councilmember Shaw made a motion, seconded by Councilmember Martinez, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: None.

Ordinance No. G48-22

AN ORDINANCE RECLASSIFYING TERRITORY IN THE CF COMMUNITY FACILITY DISTRICT TO A PCF PLANNED COMMUNITY FACILITY DISTRICT (695 South State Street)

WHEREAS, written application has been made to reclassify certain property located at 695 South State Street for CF Community Facility District to PCF Planned Community Facility District to establish a new five-lot subdivision for the construction of at least two residential care facilities and a community resource center; and

WHEREAS, the zoning lot containing the premises at 695 South State Street is legally described herein (the “Subject Property”); and

WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on July 11, 2022, 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 CF Community Facility District a 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 July 11, 2022, 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 PCF Planned Community Facility District the following described property:

THAT PART OF THE SOUTHEAST QUARTER OF SECTION 23 AND PART OF THE SOUTHWEST QUARTER OF SECTION 24, ALL IN TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE EASTERLY RIGHT OF WAY LINE OF STATE ROUTE 31 AND THE SOUTH LINE OF THE NORTH 983.4 FEET OF SECTION 26, TOWNSHIP AND RANGE AFORESAID; THENCE NORTHEASTERLY ALONG SAID RIGHT OF WAY LINE 725.00 FEET; THENCE SOUTHEASTERLY AT RIGHT ANGLE TO SAID RIGHT OF WAY LINE 285.00 FEET; THENCE NORTHEASTERLY AT RIGHT ANGLE TO THE LAST DESCRIBED COURSE 373.00 FEET TO THE NORTHERLY LINE OF PROPERTY PREVIOUSLY CONVEYED TO THE DEPARTMENT OF PUBLIC SAFETY; THENCE NORTHWESTERLY AT RIGHT ANGLE TO THE LAST DESCRIBED COURSE, ALONG SAID NORTHERLY LINE 285.00 FEET TO THE EASTERLY RIGHT OF WAY LINE OF STATE ROUTE 31; THENCE NORTHEASTERLY ALONG SAID RIGHT OF WAY LINE ON THE ARC OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 8,218.16 FEET, 446.41 FEET FOR THE PLACE OF BEGINNING; THENCE CONTINUING NORTHEASTERLY ALONG THE LAST DESCRIBED CURVE, 232.91 FEET; THENCE NORTHEASTERLY ALONG SAID RIGHT OF WAY LINE, TANGENT TO THE LAST DESCRIBED CURVE, 13.9 FEET; THENCE NORTHERLY ALONG SAID RIGHT OF WAY LINE OF THE ARC OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 3,307.17 FEET THROUGH A CENTRAL ANGLE OF 15 DEGREES 53 MINUTES 16 SECONDS 917.07 FEET TO THE SOUTHERLY LINE OF PROPERTY PREVIOUSLY CONVEYED TO THE DEPARTMENT OF PUBLIC WORKS; THENCE SOUTHEASTERLY ALONG SAID SOUTHERLY LINE AT AN ANGLE OF 98 DEGREES 18 MINUTES 22 SECONDS MEASURED COUNTER-CLOCKWISE FROM THE CHORD FORMED BY THE LAST DESCRIBED CURVE, 649.02 FEET; THENCE SOUTHERLY ALONG A LINE WHICH FORMS AN ANGLE OF 9S DEGREES 11 MINUTES 44 SECONDS TO THE RIGHT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE, A DISTANCE OF 1113.89 FEET; THENCE WESTERLY ALONG A LINE WHICH FORMS AN ANGLE OF 85 DEGREES 51 MINUTES 54 SECONDS TO THE RIGHT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE, A DISTANCE OF 811.09 FEET TO THE PLACE OF BEGINNING (EXCEPTING THEREFROM THE WESTERLY 44.0 FEET THEREOF AS MEASURED PERPENDICULAR AND RADIAL TO THE EASTERLY RIGHT OF WAY LINE OF STATE ROUTE 31), BEING SITUATED IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. (commonly known as 695 South State Street)

Section 3. That the City Council of the City of Elgin hereby grants the rezoning from CF Community Facility District to PCF Planned Community Facility District at 695 South State Street which shall be designed, developed, and operated subject to the following provisions:

A. Purpose and Intent. The purpose of the PCF Planned Community Facility District is to provide a planned environment for various types of community facilities, subject to the provisions of Chapter 19.60 “Planned Developments” of the Elgin Municipal Code, as amended. In general, community facilities provide governmental, recreational, educational, health, social, religious, and transportation services to the community on a for-profit or on a not-for-profit basis.

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 PCF Planned Community Facility 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 PCF Planned Community Facility 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. PCF Planned Community Facility Districts should be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate PCF Planned Community Facility 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 community facility district shall be granted by the City Council.

F. Land Use. In this PCF Planned Community Facility 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 PCF Planned Community Facility District:

1. Permitted Uses. Those land uses enumerated as permitted uses within the CF Community Facility District, Section 19.30.130 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 CF Community Facility District, Section 19.30.130 B., Land Use, of the Elgin Municipal Code, as it may be amended from time to time.

G. Site Design. In this PCF Planned Community Facility 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 Section 19.30.135 “Site Design” for CF Community Facility District, of the Elgin Municipal Code, as amended, except as provided within this section, and shall be in substantial conformance with the following documents:

1. Substantial conformance to the Development Application submitted by John Cronin, as applicant, and Association for Individual Development (AID), as property owner received May 17, 2022, and supporting documents including:

a. Undated 6-page Planned Development Statement of Purpose and Conformance, received June 17, 2022;

b. ALTA/NSPS Land Title Survey, prepared by Webster, McGrath & Ahlberg Ltd., dated July 29, 2021;

c. Final Plat of Wildwood Trace Subdivision, prepared by Webster, McGrath & Ahlberg Ltd., dated June 15, 2022, with such further revisions as required by the City Engineer;

d. Architectural plan set titled: “The Wildwood 695 South State Street, Elgin, IL 60123”, prepared by North Arrow Architecture, dated June 17, 2022, with such further revisions as required by the Community Development Director;

e. Preliminary Engineering Plan, Sheet C1, prepared by Webster, McGrath & Ahlberg Ltd., dated June 17, 2022, with such further revisions as required by the City Engineer;

f. Overall Landscape Plan, Sheet L-1, prepared by Webster, McGrath & Ahlberg Ltd., dated June 17, 2022, with such further revisions as required by the Community Development Director;

g. Phase 1 and 2 Landscape Plan, Sheet L-2, prepared by Webster, McGrath & Ahlberg Ltd., dated June 17, 2022, with such further revisions as required by the Community Development Director;

h. Tree Preservation Plan, Sheet TP-1, prepared by Webster, McGrath & Ahlberg Ltd., dated June 17, 2022, with such further revisions as required by the Community Development Director;

i. Undated Alumaboard Aluminum Siding, Soffit & Battens product specifications by RMP Metal Products, received May 12, 2022;

j. Two-page photometric plans titled: “City of Elgin, Wildwood Parking Lot, 2392-A3”, prepared by Visual, dated April 6, 2022, with such further revisions as required by the Community Development Director;

k. Undated lighting specifications by Holophane for MGLEDM Mongoose Medium LED light fixtures, received May 12, 2022, with such further revisions as required by the Community Development Director; and

l. Tree Survey 695 S State St Elgin, IL, prepared by Bollinger Environmental Inc., dated April 22, 2022.

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.

2. A departure is hereby granted to allow the construction of the building on Lot 1 with the minimum building street yard setback of ten feet, and the construction of the building on Lot 2 with the minimum building street yard setback of 19 feet.

3. A departure is hereby granted to allow the construction of the building on Lot 2 with the maximum permitted building floor area of 56,518 square feet.

4. A departure is hereby granted to allow the construction of a canopy part of the building on Lot 1 with the minimum setback of four feet from an interior lot line.

5. A departure is hereby granted to allow the construction of the vehicle use area on Lot 1 and Lot 2 with no required setback from an interior lot line.

6. A departure is hereby granted to allow the establishment of Lot 3 and Lot 4 part of the proposed Final Plat of Wildwood Trace Subdivision without frontage along a public right-of-way.

7. At the time of building permit review and prior to the issuance of the building permit for Phase 1, the applicant shall submit a recorded copy of the access easement agreement for the use of the access driveway shared with the State of Illinois Secretary of State Driver’s License Facility.

8. The proposed residential care facilities on Lot 1 and Lot 2 are hereby exempt from the supplementary regulation for residential care uses listed in Section 19.90.015 “Definitions and Regulations” of the Elgin Municipal Code, as amended, which states residential care facilities shall be licensed by the State of Illinois. The facilities must, however, comply with any and all applicable requirements of the State of Illinois.

9. A tree removal and replacement plan shall be submitted prior to the issuance of a building permit as part of the building permit review for each new building in conformance to Chapter 19.16 “Tree Preservation” of the Elgin Municipal Code, as amended.

10. A cross-parking and cross-access easement shall be granted across the proposed parking areas on all lots and all private drives part of the proposed subdivision.

11. The development on each lot shall comply with the outdoor lighting standards of the zoning ordinance. The applicant shall submit a photometric plan at the time of building permit review for each new building in compliance with the zoning ordinance.

12. The proposed internal drive shall be minimum 30 feet wide from back of curb to back of curb. The drive must include: (1) parkways on both sides of the drive as necessary for the installation of required street trees one every 40 feet on both sides of the drive, (2) a minimum five-foot-wide public sidewalk on both sides of the drive, and (3) street lights on both sides of the drive.

13. The street lights to be installed along the proposed internal drive within the subdivision shall meet City of Elgin street light specifications for Residential Streets – LOCAL Non Intersection Locations, as approved by the City Engineer.

14. The public sidewalk along S. State Street along the frontage of the proposed Lot 5 shall be constructed at the time of development on Lot 5.

15. The refuse collection areas on each lot shall be six feet high and fully enclosed with a masonry wall matching the masonry of the principal building on the same lot.

16. Compliance with all applicable codes and ordinances.

H. Off Street Parking. In this PCF Planned Community Facility District, off-street parking shall be subject to the provisions of Chapter 19.45 “Off Street Parking”, of the Elgin Municipal Code, as amended, except as provided within this section, and shall be in substantial conformance with the following:

1. A departure is hereby granted to allow the construction of the proposed development on Lot 1, Lot 2, and Lot 3, with a total of 175 parking spaces.

I. Off Street Loading. In this PCF Planned Community Facility 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 PCF Planned Community Facility District, signs shall be subject to the provisions of 19.50 “Street Graphics”, of the Elgin Municipal Code, as amended, except as provided within this section, and shall be in substantial conformance with the following:

1. A departure is hereby granted to allow the construction of one wall graphic on the south elevation of the building on Lot 1 with the maximum sign surface area of 324 square feet, and one wall graphic on the west elevation of the building on Lot 1 with the maximum sign surface area of 61 square feet. A departure is hereby also granted to allow the construction of one wall graphic on the north elevation of the building on Lot 2 with the maximum sign surface area of 168 square feet.

K. Nonconforming Uses and Structures. In this PCF Planned Community Facility 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 PCF Planned Community Facility 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 PCF Planned Community Facility 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 PCF zoning district.

N. Conditional Uses. In this PCF Planned Community Facility 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 PCF zoning district.

O. Variations. In this PCF Planned Community Facility 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 PCF 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.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: August 24, 2022

Passed: August 24, 2022

Omnibus Vote: Yeas: 9 Nays: 0

Recorded: August 24, 2022

Published: August 24, 2022

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

ORDINANCE G49-22 PASSED GRANTING A CONDITIONAL USE FOR A RESIDENTIAL CARE FACILITY IN THE PCF PLANNED COMMUNITY FACILITY DISTRICT AND ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT (695 SOUTH STATE STREET)

Ordinance No. G49-22

AN ORDINANCE

GRANTING A CONDITIONAL USE FOR A RESIDENTIAL CARE FACILITY IN THE PCF PLANNED COMMUNITY FACILITY DISTRICT AND ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT

(695 South State Street)

WHEREAS, written application has been made requesting conditional use approval to establish two residential care facilities at 695 South State Street; and

WHEREAS, the zoning lot with the building containing the premises at 695 South State Street is legally described herein (the “Subject Property”); and

WHEREAS, the Subject Property is located within the PCF Planned Community Facility District and ARC Arterial Road Corridor Overlay District, and a residential care facility is listed as a conditional use within the PCF Planned Community Facility District; and

WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on July 11, 2022, 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 conditional use in the 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 2. That a conditional use for two residential care facilities is hereby granted for the property commonly known as 695 South State Street, commonly identified by Kane County Property Identification Numbers (PINs) 06-24-351-007 and 06-23-400-007, and legally described as follows:

Section 3. That the conditional use for the Subject Property as authorized by this ordinance shall be subject to the following additional conditions:

17. Substantial conformance to the Development Application submitted by John Cronin, as applicant, and Association for Individual Development (AID), as property owner received May 17, 2022, and supporting documents including: