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HomeMy WebLinkAboute - March 874 MARCH 8, 2006 VOLUME LXXI COUNCIL OF THE CITY OF ELGIN, ILLINOIS COUNCIL-MANAGER FORM OF GOVERNMENT REGULAR MEETING The regular meeting of the Council of the City of Elgin, Illinois, was held on March 8, 2006, in the Council Chambers. The meeting was called to order by Mayor Schock at 7:02 p.m. The Invocation was given by Pastor Marks and the Pledge of Allegiance was led by Councilmember Robert Gilliam. ROLL CALL Roll call was answered by Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters and Mayor Schock. Absent: None. MINUTES OF THE FEBRUARY 22, 2006, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Walters made a motion, seconded by Councilmember Figueroa, to approve the February 22, 2006, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters and Mayor Schock. Nays: None. BID 05-111 AWARDED TO CSR ROOFING CONTRACTORS, INC. FOR ROOF REPLACEMENT AND REPAIR AT VARIOUS CITY BUILDINGS Councilmember Rodgers made a motion, seconded by Councilmember Kaptain, to award a contract to CSR Roofing Contractors, Inc. in the amount of $458,950 for roof replacement and repair at various City buildings. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. BID 06-002 AWARDED TO GORDON FLESCH FOR THE LEASE OF THREE BLACK AND WHITE COPIERS FOR VARIOUS DEPARTMENTS Councilmember Walters made a motion, seconded by Councilmember Figueroa, to award a contract to Gordon Flesch for the lease of three black and white copiers as listed below. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. VOLUME LXXI MARCH 8, 2006 75 The Centre (2 copiers) Canon IR3530 Equipment $422.56/month, $3,803.04 for 2006 Maintenance and supplies $19.50/month, $175.50 for 2006 Police Records Department Canon IR3530 Equipment $211.28/month, $1901.52 for 2006 Maintenance and supplies $32.50/month, $292.50 for 2006 BID 06-009 AWARDED TO DURABILT FENCE FOR SOFTBALL FENCING AT SPORTS COMPLEX Councilmember Kaptain made a motion, seconded by Councilmember Rodgers, award a contract to Durabilt Fence in the amount of $62,190 for the softball fencing at the Sports Complex. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. BID 06-010 AWARDED TO M & D PRINTING FOR THE PRINTING AND PREPARATION FOR MAILING OF THE HEMMENS CULTURAL CENTER SEASON AND MID-SEASON BROCHURE Councilmember Figueroa made a motion, seconded by Councilmember Gilliam, to award a contract to M & D Publishing in the amount of $47,882 for the printing and preparation for mailing of the Hemmens Cultural Center Season and Mid-Season Brochure. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. BID 06-011 AWARDED TO ZONES, INC. FOR THIN CLIENT COMPUTERS AND AOPEN LCD DISPLAYS Councilmember Rodgers made a motion, seconded by Councilmember Figueroa, to purchase 120 thin client computers and AOpen LCD displays from Zones, Inc. in the amount of $61,060.80. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. BID 06-012 AWARDED TO VENTED INFRARED SYSTEMS, INC. FOR CO-RAY-VAC HEATING SYSTEM FOR THE WING PARK MAINTENANCE GARAGE Councilmember Kaptain made a motion, seconded by Councilmember Rodgers, to award a contract to Vented Infrared Systems, Inc. in the amount of $16,500 for the installation of C0- Ray-Vac heating system in the Wing Park maintenance garage. Upon a roll call vote: Yeas: MARCH 8, 2006 VOLUME LXXI 76 Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. BID 06-014 FOR AN ION CHROMATOGRAPH INSTRUMENT SYSTEM REMOVED FROM THE AGENDA This item was removed from the agenda at the request of staff. BID 06-016 AWARDED TO ACTION MECHANICAL INC. FOR THE FURNACE REPLACEMENTS AT FIRE STATIONS 3, 4, AND 5 Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to award a contract to Action Mechanical Inc. in the amount of $25,231 for the replacement of furnaces at Fire Stations 3, 4, and 5. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. CONTRACT APPROVED FOR THE PURCHASE OF CITRIX PRESENTATION SERVER SOFTWARE FOR VARIOUS DEPARTMENTS IN THE CITY FROM THE FEDERAL GOVERNMENT GSA CONTRACT Councilmember Walters made a motion, seconded by Councilmember Rodgers, to approve the purchase of Citrix Presentation Server Software (120 users) in the amount of $28,205 from the Federal Government GSA Contract. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. CONTRACT APPROVED FOR THE CITY’S PARTICIPATION TO PURCHASE THE MICROSOFT ENTERPRISE AGREEMENT THROUGH THE STATE OF ILLINOIS CMS CONTRACT AGREEMENT CMS5003360 FOR 440 USERS Councilmember Figueroa made a motion, seconded by Councilmember Walters, to purchase the Microsoft Enterprise Agreement through the State of Illinois CMS Contract Agreement CMS5003360 for 440 users in the amount of $66,238. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. CONTRACT APPROVED FOR THE PURCHASE OF AN UNDERCOVER POLICE VEHICLE FROM BOB RIDINGS, INC. THROUGH THE STATE OF ILLINOIS JOINT PURCHASE PROGRAM Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to purchase one replacement undercover police vehicle from Bob Ridings, Inc. in the amount of $20,275 through VOLUME LXXI MARCH 8, 2006 77 the State of Illinois Joint Purchase Program. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. PETITION 59-05 APPROVED REQUESTING ANNEXATION, PAB PLANNED AREA BUSINESS DISTRICT ZONING, AND PRELIMINARY PLAT AND FINAL PLAT APPROVAL FOR A COMMERCIAL PLANNED DEVELOPMENT TO BE KNOWN AS SAMS ELGIN SUBDIVISION; PROPERTY LOCATED AT 1000 SOUTH RANDALL ROAD, BY ATWELL-HICKS, L.L.C., AS APPLICANT, AND BOWES ROAD, L.L.C., AS OWNER Councilmember Figueroa made a motion, seconded by Councilmember Walters, to remove Petition 59-05 from the table. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Community Development Director Deering stated that this proposed annexation features a new Wal-Mart Store and Sam’s Club Store at the southwest corner of Bowes Road and Randall Road. The annexation public hearing was held and closed on January 25, 2006. Councilmembers raised concerns, and consideration of Petition 59-05 was tabled. Since that time, additional information and material has been furnished to the council relative to those concerns. Representatives on behalf of Wal-Mart and Sam’s Club outlined the changes made to the proposed project since the public hearing in response to concerns raised. Sidewalks will be provided within the site to accommodate pedestrian and bicycle traffic to and within the project area. They will provide bike racks in front of Wal-Mart and Sam’s Club. They will be creating landscaped islands in the parking lot with the exception of the handicap parking areas. They will also provide screening, using trees and scrubs, for residents on the north side of Bowes Road similar to the screening provided on the west side of the site. Representatives of Mid-America Development Partners, working with Wal-Mart regarding the outlots on the site, stated they are working with staff to finalize a list of users for the lots fronting Randall Road. Mid-America stated that they list over 20 million square feet of real estate in the Chicagoland area and represent, 150 national and regional businesses, and have completed more shopping center transactions than any other service provider. They focus on the needs of the individual communities and are sensitive to the City of Elgin’s desire regarding this site. Past and current projects were highlighted. They outlined the types and specific businesses which they have previously brought to shopping centers. They are going to target book stores, coffee shops, men and women apparel shops, high-quality restaurants, family casual restaurants, and banks. Councilmember Figueroa thanked Councilmember Gilliam for slowing down the project by tabling consideration of the petition after the public hearing. He felt it brought good discussion within the community. Councilmember Sandor stated that his decision not to vote in favor of this petition has not changed. He commended Councilmembers Kaptain and Gilliam for requiring that high quality MARCH 8, 2006 VOLUME LXXI 78 businesses be included in this project. He believes Elgin needs Wal-Mart and Sam’s Club and would have voted favorably if this project was at the current Wal-Mart site or the Otter Creek Shopping Center, where there are significant vacancies. He said the Council and the community need to decide where they are going in the future and what type of retail development they want to have. Do we want our citizens to go to other communities to spend their money? He stated that although he has only lived in Elgin 18 years, he has been told that not too many years ago, people used to come from outlying areas to shop in Elgin, and now it’s the exact opposite. Councilmember Walters stated that he fully supports the project and believes that because of the delay, many people contacted the Council and helped make this a better project. He is delighted that Mid-American Development is part of the process, because they don’t get much better than that. (Minutes amended at March 22, 2006, meeting to include the following comments made by Councilmember Rodgers.) Councilmember Rodgers stated that her vote will be positive in that she was in favor of the project before and she is still for the project. She is glad that the City will be able to keep a Fortune 500 company within the community. Frequently when companies decide to relocate, they locate outside of Elgin. This is an opportunity to keep our tax dollars as well as jobs within our community. Councilmember Kaptain stated that while he is not entirely satisfied with the project, he believes enough progress has been made in the quality of the upgrade to the outlots allows him to vote in favor of the project. However, he considers this only a small step forward in bringing high quality commercial development to Elgin. He believes Councilmember Figueroa touched on the heart of the matter at the public hearing when he said the Council has not communicated its vision to the staff outlining exactly what we would like to see in the commercial development projects they bring to us. He suggests that the Council give serious consideration to developing a far west economic commercial development plan. Mayor Schock thanked Councilmembers Gilliam and Kaptain for all their hard work and also the representatives from Wal-Mart and Mid-America for their willingness to be receptive to our suggestions for changes to the project. “I think we have taken what was a good project and made it better. I thank you all for that.” Councilmember Walters made a motion, seconded by Councilmember Figueroa, to approve Petition 59-05 subject to all conditions. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Walters, and Mayor Schock. Nays: Councilmember Sandor. PETITION 71-05 APPROVED REQUESTING A MAP AMENDMENT FROM AB AREA BUSINESS DISTRICT, SFR1 SINGLE FAMILY RESIDENCE DISTRICT AND RC2 RESIDENCE CONSERVATION DISTRICT TO PMFR PLANNED MULTIPLE FAMILY RESIDENCE DISTRICT AND PCF PLANNED COMMUNITY FACILITY DISTRICT ZONING, TO PERMIT THE CONSTRUCTION OF A NEW BUILDING FOR A SENIOR INDEPENDENT LIVING FACILITY IN THE ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT; PROPERTY LOCATED AT 508 NORTH VOLUME LXXI MARCH 8, 2006 79 (CONTINUED FROM PREVIOUS PAGE) MCLEAN BOULEVARD AND 1465 EAGLE ROAD BY SENIOR LIFESTYLE CORPORATION, AS APPLICANT, AND SCHOCKS, INC., AS OWNER Councilmember Walters made a motion, seconded by Councilmember Figueroa, to remove Petition 71-05 from the table. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Community Development Director Deering stated that this petition involves approximately 10 acres of land located on the west side of McLean Boulevard, just north of Eagle Road. The application involves 136 age-restricted market rate apartments and 24 age-restricted owned occupied condominium units. The owners have entered into a side development agreement which will place a covenant on this property to ensure that it always remains age restricted as well as market rate rents on the apartments. The Planning and Development Commission recommended approval subject to conditions. The developer described the additional services included in the $1800 to $1900 rental fees. Discussion was held regarding the financial impact report. Peter Bazos, attorney for the developer, stated that they believe the numbers are very conservative and another study would reflect a more positive impact. Councilmember Kaptain that although the development will be beneficial to School District U-46, it appears from the report that it will not be financially beneficial to the City for many years. Councilmember Walters questioned whether older subdivisions like Sunset Park and Eagle Heights or any residential development brings money into the City even after all these years. Councilmember Sandor stated that he was heartened to hear Councilmember Walters admit that residential development doesn’t pay for itself. Councilmember Sandor questioned whether the numbers in the study can be relied upon. He stated that the proposal is probably the least offensive project that could go on this site, but he is still going to vote “no.” Mayor Schock stated that he believes the impact study uses a flawed methodology for infill projects. All the city services for this parcel are already being provided, and it will cost no more to provide these services to the proposed development than it does now. However, the proposed development will produce substantially more revenue because the assessed valuation of this project exceeds the assessed valuation of the current use many times over. This development will not generate any additional students for School District U-46, and it helps balance the tax burden created by some of the other developments which we have approved. Councilmember Walters made a motion, seconded by Councilmember Figueroa, to approve Petition 71-05 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Rodgers, Walters, and Mayor Schock. Nays: Councilmembers Kaptain and Sandor. MARCH 8, 2006 VOLUME LXXI 80 PETITION 06-06 APPROVED REQUESTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT IN THE RC3 RESIDENCE CONSERVATION DISTRICT, TO PERMIT THE CONSTRUCTION OF A PARKING LOT; PROPERTY LOCATED AT 441 FREMONT STREET, BY JAMES MARKS AS APPLICANT, AND BETHESDA CHURCH OF GOD IN CHRIST AS OWNER Community Development Director Deering stated that this petition involves 8000 square feet of land on the south side of Fremont Street which will provide 14 additional parking stalls for the church. . Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to approve Petition 06-06 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. PETITION 08-06 APPROVED REQUESTING VARIOUS AMENDMENTS TO THE TEXT OF TITLE 19, ZONING, OF THE ELGIN THE LIST Community Development Director Deering stated that the proposed amendments will revise the existing list of arterial streets to include the streets in the west area of Elgin. The list will be revised to include Nesler Road, Coombs Road, Bowes Road, Russell Road, Damisch Road, McDonald Road, Silver Glen Road, Corron Road, Muirhead Road, Plank Road and State Route 20 so that the ARC Arterial Road Corridor Overlay district regulations are applicable throughout the corporate limits. Councilmember Figueroa made a motion, seconded by Councilmember Walters, to approve Petition 08-06. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. PETITION 10-06 APPROVED REQUESTING A CONDITIONAL USE IN THE PAB PLANNED AREA BUSINESS DISTRICT, TO PERMIT THE ESTABLISHMENT OF A CHILD DAY CARE CENTER (PRE-SCHOOL); PROPERTY LOCATED AT 2496 BUSHWOOD DRIVE, BY BUSHWOOD SCHOOL LLC, AS APPLICANT, AND GROVE AT RANDALL LLC, AS OWNER Councilmember Figueroa made a motion, seconded by Councilmember Walters, to approve Petition 10-06 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. VOLUME LXXI MARCH 8, 2006 81 PETITION 11-06 APPROVED REQUESTING A CONDITIONAL USE IN THE PCF PLANNED COMMUNITY FACILITY DISTRICT, TO PERMIT THE OPERATION OF A PROFESSIONAL AND SEMIPROFESSIONAL ATHLETIC ARENA; PROPERTY LOCATED AT 1151 NORTH STATE STREET, BY WINDY CITY IBL AKA ELGIN RACERS BASKETBALL, AS APPLICANT, AND JUDSON COLLEGE, AS OWNER Councilmember Walters made a motion, seconded by Councilmember Kaptain, to approve Petition 11-06 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. MOTION TO CONSIDER AGENDA ITEMS O-7 THROUGH O-13 IN ONE MOTION Councilmember Sandor made a motion, seconded by Councilmember Figueroa, to approve Other Business Agenda Items 7 through 13 (Ordinance Numbers S1-06, S2-06 and G6-06 through G10-06) in one motion. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Councilmember Figueroa made a motion, seconded by Councilmember Gilliam, to pass Ordinance Nos. S1-06, S2-06 and Ordinance Nos. G6-06 through G10-06. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Sandor, Walters, and Mayor Schock. Nays: Councilmember Kaptain and Councilmember Rodgers. ORDINANCE S1-06 PASSED ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN (PORTION OF THE GATHMAN PARCEL AND STONY CREEK EAST) Councilmember Figueroa made a motion, seconded by Councilmember Gilliam, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Sandor, Walters, and Mayor Schock. Nays: Councilmember Kaptain and Councilmember Rodgers. Ordinance No. S1-06 AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN (Portion of the Gathman Parcel and Stony Creek East) WHEREAS, a petition signed by all the owners of record of certain territory has been filed with the City Clerk requesting annexation of said territory to the City of Elgin, Illinois; and WHEREAS, said petition includes therein a statement under oath by all the owners of record that no electors reside on the subject territory; and WHEREAS, said territory is contiguous to the City of Elgin and is not within the corporate limits of any municipality; and MARCH 8, 2006 VOLUME LXXI 82 WHEREAS, legal notices of the intent of the City of Elgin to annex said territory have been forwarded to all public bodies required to receive said notice in the manner provided by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the territory and lands described as follows be and are annexed to and made a part of the City of Elgin and the boundaries of the City of Elgin be and are hereby enlarged and extended to include in the corporate boundaries of the City of Elgin said territory: That part of the Southwest Quarter of Section 36, Township 41 North, Range 7 East of the Third Principal Meridian and that part of the West Half of Section 1, Township 40 North, Range 7 East of the Third Principal Meridian all described as follows: Beginning at the Southwest Quarter of said Southwest Quarter; thence Northerly along the West line of said quarter 1030.11 feet to the center line of McDonald Road; thence Easterly along said center line forming an angle of 90 degrees 08 minutes 48 seconds with the last described course (measured counter-clockwise therefrom) 902.24 feet to an angle in said center line; thence easterly along said center line forming an angle of 182 degrees 00 minutes 27 seconds with the last described course (measured counter-clockwise therefrom) 645.44 feet to the monumented west line of a tract of land conveyed to Diamond Gaits, L.L.C. by a warranty deed recorded as Document 2001K005870; thence Southerly along said West line forming an angle of 87 degrees 38 minutes 57 seconds with the last described course (measured counter-clockwise therefrom) 1857.13 feet to the southwest corner of said tract; thence Easterly along the South line of said tract forming an angle of 89 degrees 56 minutes 17 seconds with the last described course (measured clockwise therefrom) 1087.25 feet to the East line of said West half Section 1; thence Southerly along said West line forming an angle of 89 degrees 22 minutes 37 seconds with the last described course (measured counter- clockwise therefrom) 2959.53 feet; thence Northwesterly along a line forming an angle of 80 degrees 14 minutes 56 seconds with the last described course (measured counter-clockwise therefrom) 2657.35 feet to a point on the West line of said West half that is 584.79 feet Southerly of the Southwest corner of the Northwest Quarter of said Section 1; thence Northerly along the West line of said West Half of Section 1 3277.94 feet to the Northwest corner of said West Half; thence Westerly along the South line of said Southwest Quarter Section 36 12.41 feet (12.54 record) to the point of beginning), in Plato Township and Campton Township, Kane County, Illinois, excepting therefrom any portion lying in the East half of said Section One. Together with the Southerly 300 feet, as measured perpendicular to the Southerly line thereof, of the East half of the Southeast Quarter of Section 35, Township 41 VOLUME LXXI MARCH 8, 2006 83 North, Range 7 East of the Third Principal Meridian, excepting therefrom the Westerly 300 feet, as measured perpendicular to the Westerly line said East half. And together with all those adjacent and contiguous lands of the above described lying up to the north line of McDonald Road; All of the above lying in Kane County, Illinois. Section 2. That a certified copy of this ordinance together with an accurate map of said territories shall be filed with the Recorder of Deeds, Kane County, Illinois. Section 3. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: March 8, 2006 Passed: March 8, 2006 Vote: Yeas: 5 Nays: 2 Recorded: March 9, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE G6-06 PASSED CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT (PORTION OF GATHMAN PARCEL) Councilmember Figueroa made a motion, seconded by Councilmember Gilliam, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Sandor, Walters, and Mayor Schock. Nays: Councilmember Kaptain and Councilmember Rodgers. Ordinance No. G6-06 AN ORDINANCE CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT (Portion of Gathman Parcel) WHEREAS, the territory herein described has been annexed to the City of Elgin; and MARCH 8, 2006 VOLUME LXXI 84 WHEREAS, written application has been made to classify said territory in the PSFR2 Planned Single Family Residence District; and WHEREAS, after due notice in the manner provided by law the Planning and Development Commission conducted a public hearing concerning said application and has submitted its written findings and recommendations; and WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Planning and Development Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. 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 paragraph: The boundaries herein before 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 portion of the area on the attached Zoning Plat, prepared by Henderson and Bodwell, L.L.P., and dated July 27, 2004 last revised October 10, 2005, identified as the Gathman Parcel and designated in the PSFR2 Planned Single Family Residence District and legally described as follows: The Southerly 300 feet, as measured perpendicular to the Southerly line thereof, of the East Half of the Southeast Quarter of Section 35, Township 41 North, Range 7 East of the Third Principal Meridian, excepting therefrom the Westerly 300 feet, as measured perpendicular to the Westerly line said East Half. Section 2. That the development of this PSFR2 Planned Single Family Residence District as described in Section 1 shall be developed subject to the following provisions: A. Purpose and Intent. The purpose and intent of this PSFR2 zoning district is to provide a planned urban residential environment of standardized moderate density for single family detached dwellings, subject to the provisions of Chapter 19.60 Planned Developments of the Elgin Municipal Code, 1976, as amended. The PSFR2 District is most similar to, but departs from the standard requirements of the SFR2 Single Family Residential 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, 1976, as amended. VOLUME LXXI MARCH 8, 2006 85 C. General Provisions. In this PSFR2 zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.05, General Provisions, of the Elgin Municipal Code, 1976, as amended. D. Zoning Districts -Generally. In this PSFR2 zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.07, Zoning Districts, of the Elgin Municipal Code, 1976, as amended. E. Location and Size of District. This PSFR2 zoning district should be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate PSFR2 zoning district exclusive of rights-of- way, but including adjoining land or land directly opposite a right-of-way, shall not be less than two acres. F. Land Use. In this PSFR2 zoning district, the use of land and structures shall be subject to the provisions of Chapter 19.10, Land Use, of the Elgin Municipal Code, 1976, as amended. The following enumerated “land uses” [SR] shall be the only land uses allowed as a “permitted use” [SR] in this PSFR2 District: Residence Division. 1. “Single family detached dwellings” [SR] (UNCL). 2. “Residential garage sales” [SR] (UNCL). 3. “Residential occupations” [SR] (UNCL). 4. “Residential outdoor storage of firewood” [SR] (UNCL). 5. “Residential parking areas” [SR] (UNCL). Finance, Insurance, and Real Estate Division. 6. “Development sales office” [SR] (UNCL). Services Division. 7. “Family residential care facility” [SR] (8361). 8. “Home child day care services” [SR] (8351). Construction Division. 9. “Contractors office and equipment areas” [SR] (UNCL). Transportation, Communication, and Utilities Division. 10. “Radio and television antennas” [SR] (UNCL). 11. “Satellite dish antennas” [SR] (UNCL). 12. “Treatment, transmission, and distribution facilities: poles, wires, cables, conduits, laterals, vaults, pipes, mains, and valves” [SR] (UNCL). Miscellaneous Uses Division. 13. “Fences and walls” [SR] (UNCL). 14. “Signs” [SR] (UNCL), subject to the provisions of Chapter 19.50, Signs, of the Elgin Zoning Ordinance. 15. “Temporary uses” [SR] (UNCL). 16. “Accessory structures” [SR] (UNCL) to the permitted uses allowed in this PSFR2 Planned Single Family Residence District, subject to the MARCH 8, 2006 VOLUME LXXI 86 provisions of Section 19.12.500, Accessory Structures and Buildings, of the Elgin Zoning Ordinance. 17. “Accessory uses” [SR] (UNCL) to the permitted uses allowed in this PSFR2 Planned Single Family Residence District, subject to the provisions of Section 19.20.400, Component Land Uses, of the Elgin Zoning Ordinance. In this PSFR2 zoning district, the use of land and structures shall be subject to the provisions of Chapter 19.10, Land Use, of the Elgin Municipal Code, 1976, as amended. The following enumerated “land uses” [SR] shall be the only land uses allowed as a “conditional use” [SR] in this PSFR2 zoning district: Residences Division. 1. “Conditional residential occupations” [SR] (UNCL). Municipal Services Division. 2. “Municipal facilities” [SR] (UNCL) on a zoning lot containing less than two acres of land. Transportation, Communication, and Utilities Division. 3. “Amateur radio antennas” [SR] (UNCL). 4. “Commercial antennas and antenna structures mounted on existing structures” [SR] (UNCL). 5. “Commercial antenna tower” [SR] (UNCL) 6. “Other radio and television antennas” [SR] (UNCL). 7. “Other satellite dish antennas” [SR] (UNCL). 8. “Pipelines, except natural gas” (461). 9. “Railroad tracks” (401). 10. “Treatment, transmission and distribution facilities: equipment, equipment buildings, towers, exchanges, substations, regulators” [SR] (UNCL). Miscellaneous Uses Division. 11. “Planned developments” [SR] (UNCL) on a zoning lot containing less than two acres of land, subject to the provisions of Chapter 19.60, Planned Developments, of the Elgin Zoning Ordinance. 12. “Accessory structures” [SR] (UNCL) to the conditional uses allowed in this PSFR2 Planned Single Family Residence District, subject to the provisions of Chapter 19.12.500, Accessory structures and Buildings. 13. “Accessory uses” [SR] (UNCL) to the conditional uses allowed in this PSFR2 Single Family Residence District, subject to the provisions of Section 19.10. 400, Component Land Uses. G. Site Design. In this PSFR2 zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.12, Site Design, of the Elgin Zoning Ordinance. In this PSFR2 zoning district, the site design regulations for individual lot development shall be the provisions of Section 19.25.335, Site Design, of the Elgin Zoning Ordinance. Prior to the development of the Subject Property the Owner of the Subject Property shall be required to submit a development plan to the city for a public hearing and city council approval VOLUME LXXI MARCH 8, 2006 87 pursuant to the provisions of Chapter 19.60, Planned Developments, of the Elgin Municipal Code, 1976, as amended. 1. Supplementary Conditions. In this PSFR2 zoning district, the use and development of land and structures shall also be subject to the following conditions: a. The subdivision layout and residential buildings shall be designed, constructed and maintained in substantial conformance with the design guidelines applicable to residential neighborhoods developed in the “Far West” portion of the Elgin Planning Area, as described in the 2005 Elgin Comprehensive Plan and Design Guidelines. H. Off-Street Parking. In this PSFR2 zoning district, off street parking shall be subject to the provisions of Chapter 19.45, Off-Street Parking, of the Elgin Municipal Code, 1976, as amended. I. Off-Street Loading. In this PSFR2 zoning district, off street loading shall be subject to the provisions of Chapter 19.47, Off-Street Loading, of the Elgin Municipal Code, 1976, as amended. J. Signs. In this PSFR2 zoning district, signs shall be subject to the provisions of Chapter 19.50, Signs, of the Elgin Municipal Code, 1976, as amended, and shall also be subject to paragraph G., Site Design, of this ordinance. K. Amendments. In this PSFR2 zoning district, application for text and map amendments shall be subject to the provisions of Chapter 19.55, Amendments. A text and map amendment may be requested by an individual lot or property owner for a zoning lot without necessitating that all other property owners in this PSFR2 zoning district authorize such an application. L. Planned Developments. In this PSFR2 zoning district, application for a planned development shall be subject to the provisions of Chapter 19.60, Planned Developments, of the Elgin Municipal Code, 1976, as amended. A conditional use for a planned development may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PSFR2 zoning district and without necessitating that all other property owners in this PSFR2 zoning district authorize such an application. M. Conditional Uses. In this PSFR2 zoning district, application for conditional uses shall be subject to the provisions of Chapter 19.65 Conditional Uses, of the Elgin Municipal Code, 1976, as amended. A conditional use may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PSFR2 zoning district and without necessitating that all other property owners in this PSFR2 zoning district authorize such an application. MARCH 8, 2006 VOLUME LXXI 88 N. Variations. Any of the requirements of this ordinance may be varied by petition of a lot or property owner subject to this Ordinance, however, such variation is subject to the provisions of Section 19.70, Variations, of the Elgin Municipal Code, as may be amended. A variation may be requested by an individual property owner for a zoning lot without requiring an amendment to this PSFR2 zoning district and without necessitating that all other property owners in this PSFR2 zoning district authorize such an application. O. 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, and the provisions of the Annexation Agreement. P. 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 sewers 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. Q. Appeals. Any requirement, determination, or interpretation associated with the administration and enforcement of the provisions of this ordinance may be appealed subject to the provisions of Chapter 19.75, Appeals, of the Elgin Municipal Code, 1976, as amended. Section 3. That this ordinance shall be full force and effect immediately after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: March 8, 2006 Passed: March 8, 2006 Vote: Yeas: 5 Nays: 2 Recorded: March 9, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk VOLUME LXXI MARCH 8, 2006 89 ORDINANCE G7-06 PASSED CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT (STONY CREEK EAST) Councilmember Figueroa made a motion, seconded by Councilmember Gilliam, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Sandor, Walters, and Mayor Schock. Nays: Councilmember Kaptain and Councilmember Rodgers. Ordinance No. G7-06 AN ORDINANCE CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT (STONY CREEK EAST) WHEREAS, the territory herein described has been annexed to the City of Elgin; and WHEREAS, written application has been made to classify said territory in the PSFR2 Planned Single Family Residence District; and WHEREAS, after due notice in the manner provided by law the Planning and Development Commission conducted a public hearing concerning said application and has submitted its written findings and recommendations; and WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Planning and Development Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. 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 paragraph: The boundaries herein before 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: Those areas on the attached Zoning Plat, prepared by Henderson and Bodwell, L.L.P., and dated July 27, 2004 last revised October 10, 2005, identified as Stony Creek East and designated in the PSFR2 Planned Single Family Residence District. Section 2. That the development of this PSFR2 Planned Single Family Residence District as described in Section 1 shall be developed subject to the following provisions: MARCH 8, 2006 VOLUME LXXI 90 A. Purpose and Intent. The purpose and intent of this PSFR2 zoning district is to provide a planned urban residential environment of standardized moderate density for single family detached dwellings, subject to the provisions of Chapter 19.60 Planned Developments of the Elgin Municipal Code, 1976, as amended. The PSFR2 District is most similar to, but departs from the standard requirements of the SFR2 Single Family Residential 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, 1976, as amended. C. General Provisions. In this PSFR2 zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.05, General Provisions, of the Elgin Municipal Code, 1976, as amended. D. Zoning Districts -Generally. In this PSFR2 zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.07, Zoning Districts, of the Elgin Municipal Code, 1976, as amended. E. Location and Size of District. This PSFR2 zoning district should be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate PSFR2 zoning district exclusive of rights-of- way, but including adjoining land or land directly opposite a right-of-way, shall not be less than two acres. F. Land Use. In this PSFR2 zoning district, the use of land and structures shall be subject to the provisions of Chapter 19.10, Land Use, of the Elgin Municipal Code, 1976, as amended. The following enumerated “land uses” [SR] shall be the only land uses allowed as a “permitted use” [SR] in this PSFR2 District: Residence Division. 1. “Single family detached dwellings” [SR] (UNCL). 2. “Residential garage sales” [SR] (UNCL). 3. “Residential occupations” [SR] (UNCL). 4. “Residential outdoor storage of firewood” [SR] (UNCL). 5. “Residential parking areas” [SR] (UNCL). Finance, Insurance, and Real Estate Division. 6. “Development sales office” [SR] (UNCL). Services Division. 7. “Family residential care facility” [SR] (8361). 8. “Home child day care services” [SR] (8351). Construction Division. 9. “Contractors office and equipment areas” [SR] (UNCL). Transportation, Communication, and Utilities Division. 10. “Radio and television antennas” [SR] (UNCL). VOLUME LXXI MARCH 8, 2006 91 11. “Satellite dish antennas” [SR] (UNCL). 12. “Treatment, transmission, and distribution facilities: poles, wires, cables, conduits, laterals, vaults, pipes, mains, and valves” [SR] (UNCL). Miscellaneous Uses Division. 13. “Fences and walls” [SR] (UNCL). 14. “Signs” [SR] (UNCL), subject to the provisions of Chapter 19.50, Signs, of the Elgin Zoning Ordinance. 15. “Temporary uses” [SR] (UNCL). 16. “Accessory structures” [SR] (UNCL) to the permitted uses allowed in this PSFR2 Planned Single Family Residence District, subject to the provisions of Section 19.12.500, Accessory Structures and Buildings, of the Elgin Zoning Ordinance. 17. “Accessory uses” [SR] (UNCL) to the permitted uses allowed in this PSFR2 Planned Single Family Residence District, subject to the provisions of Section 19.20.400, Component Land Uses, of the Elgin Zoning Ordinance. In this PSFR2 zoning district, the use of land and structures shall be subject to the provisions of Chapter 19.10, Land Use, of the Elgin Municipal Code, 1976, as amended. The following enumerated “land uses” [SR] shall be the only land uses allowed as a “conditional use” [SR] in this PSFR2 zoning district: Residences Division. 1. “Conditional residential occupations” [SR] (UNCL). Municipal Services Division. 2. “Municipal facilities” [SR] (UNCL) on a zoning lot containing less than two acres of land. Transportation, Communication, and Utilities Division. 3. “Amateur radio antennas” [SR] (UNCL). 4. “Commercial antennas and antenna structures mounted on existing structures” [SR] (UNCL). 5. “Commercial antenna tower” [SR] (UNCL) 6. “Other radio and television antennas” [SR] (UNCL). 7. “Other satellite dish antennas” [SR] (UNCL). 8. “Pipelines, except natural gas” (461). 9. “Railroad tracks” (401). 10. “Treatment, transmission and distribution facilities: equipment, equipment buildings, towers, exchanges, substations, regulators” [SR] (UNCL). Miscellaneous Uses Division. 11. “Planned developments” [SR] (UNCL) on a zoning lot containing less than two acres of land, subject to the provisions of Chapter 19.60, Planned Developments, of the Elgin Zoning Ordinance. 12. “Accessory structures” [SR] (UNCL) to the conditional uses allowed in this PSFR2 Planned Single Family Residence District, subject to the provisions of Chapter 19.12.500, Accessory structures and Buildings. MARCH 8, 2006 VOLUME LXXI 92 13. “Accessory uses” [SR] (UNCL) to the conditional uses allowed in this PSFR2 Single Family Residence District, subject to the provisions of Section 19.10. 400, Component Land Uses. G. Site Design. In this PSFR2 zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.12, Site Design, of the Elgin Zoning Ordinance. In this PSFR2 zoning district, the site design regulations for individual lot development shall be the provisions of Section 19.25.335, Site Design, of the Elgin Zoning Ordinance. 1. Supplementary Conditions. In this PSFR2 zoning district, The subdivision layout and residential development shall be designed and constructed in substantial conformance with the design guidelines applicable to residential neighborhoods developed in the “Far West” portion of the Elgin Planning Area, as described in the 2005 Elgin Comprehensive Plan and Design Guidelines, and the following conditions: a. Substantial conformance with the Annexation, Zoning and Subdivision Application and Planned Development Plan for Stony Creek , including: 1. Preliminary Plat of Subdivision for Stony Creek East, prepared by Henderson and Bodwell, LLP, dated July 7, 2004 and last revised October 10, 2005. 2. Preliminary Engineering for Stony Creek East, prepared by Henderson and Bodwell, LLP, dated July 7, 2004 and last revised October 10, 2005. 3. Residential structures shall be designed, constructed and maintained in conformance with the Architectural Guidelines (referenced Exhibit "J" from annexation agreement) and private covenants recorded with the subdivision. 4. Preliminary Landscape Plan for Stony Creek East (The Ponds of Stony Creek), prepared by Signature Design Group, dated October 24, 2004. b. The incorporation into final engineering plans and specifications of engineering and stormwater plans best management practices recommended by the U.S. Department of Interior, Fish and Wildlife Service and applicable regulatory agencies at the Stony Creek East planned development, to the extent that any such recommended practices are required by the city engineer utilizing generally accepted engineering practices and do not conflict with local codes and ordinances. c. Conformance with all applicable codes and ordinances VOLUME LXXI MARCH 8, 2006 93 H. Off-Street Parking. In this PSFR2 zoning district, off street parking shall be subject to the provisions of Chapter 19.45, Off-Street Parking, of the Elgin Municipal Code, 1976, as amended. I. Off-Street Loading. In this PSFR2 zoning district, off street loading shall be subject to the provisions of Chapter 19.47, Off-Street Loading, of the Elgin Municipal Code, 1976, as amended. J. Signs. In this PSFR2 zoning district, signs shall be subject to the provisions of Chapter 19.50, Signs, of the Elgin Municipal Code, 1976, as amended, and shall also be subject to paragraph G., Site Design, of this ordinance. K. Amendments. In this PSFR2 zoning district, application for text and map amendments shall be subject to the provisions of Chapter 19.55, Amendments. A text and map amendment may be requested by an individual lot or property owner for a zoning lot without necessitating that all other property owners in this PSFR2 zoning district authorize such an application. L. Planned Developments. In this PSFR2 zoning district, application for a planned development shall be subject to the provisions of Chapter 19.60, Planned Developments, of the Elgin Municipal Code, 1976, as amended. A conditional use for a planned development may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PSFR2 zoning district and without necessitating that all other property owners in this PSFR2 zoning district authorize such an application. M. Conditional Uses. In this PSFR2 zoning district, application for conditional uses shall be subject to the provisions of Chapter 19.65 Conditional Uses, of the Elgin Municipal Code, 1976, as amended. A conditional use may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PSFR2 zoning district and without necessitating that all other property owners in this PSFR2 zoning district authorize such an application. N. Variations. Any of the requirements of this ordinance may be varied by petition of a lot or property owner subject to this Ordinance, however, such variation is subject to the provisions of Section 19.70, Variations, of the Elgin Municipal Code, as may be amended. A variation may be requested by an individual property owner for a zoning lot without requiring an amendment to this PSFR2 zoning district and without necessitating that all other property owners in this PSFR2 zoning district authorize such an application. O. 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 MARCH 8, 2006 VOLUME LXXI 94 required by the City Engineer and the Development Administrator, and the provisions of the Annexation Agreement. P. 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 sewers 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. Q. Appeals. Any requirement, determination, or interpretation associated with the administration and enforcement of the provisions of this ordinance may be appealed subject to the provisions of Chapter 19.75, Appeals, of the Elgin Municipal Code, 1976, as amended. Section 3. That this ordinance shall be full force and effect immediately after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: March 8, 2006 Passed: March 8, 2006 Vote: Yeas: 5 Nays: 2 Recorded: March 9, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE G8-06 PASSED CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PCF PLANNED COMMUNITY FACILITY DISTRICT (STONY CREEK EAST) Councilmember Figueroa made a motion, seconded by Councilmember Gilliam, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Sandor, Walters, and Mayor Schock. Nays: Councilmember Kaptain and Councilmember Rodgers. VOLUME LXXI MARCH 8, 2006 95 Ordinance No. G8-06 AN ORDINANCE CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PCF PLANNED COMMUNITY FACILITY DISTRICT (STONY CREEK EAST) WHEREAS, the territory herein described has been annexed to the City of Elgin; and WHEREAS, written application has been made to classify said territory to a PCF Planned Community Facility District; and WHEREAS, after due notice in the manner provided by law the Planning and Development Commission conducted public hearings concerning said application and has submitted its written findings and recommendations; and WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Planning and Development Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 19.07, Section 19.07.600 entitled “Zoning District Map” of the Elgin Municipal Code, 1976, as amended, be and are hereby altered by including in the PCF Planned Community Facility District, the following described property: “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, the following described territory:” Those areas on the attached Zoning Plat, prepared by Henderson and Bodwell, L.L.P., and dated July 27, 2004 last revised October 10, 2005, identified as Stony Creek East and designated in the PCF Planned Community Facility District District. Section 2. That the City Council of the City of Elgin hereby grants the PCF Planned Community Facility District which shall be designed, developed, and operated subject to the following provisions: A. Purpose and Intent. The purpose and intent of this PCF zoning 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, 1976, as amended. In general, community facilities provide governmental, recreational, educational, health, social, religious, and transportation services to the community on a for profit or a not for profit basis. MARCH 8, 2006 VOLUME LXXI 96 B. Supplementary Regulations. Any word or phrase contained herein, followed by the symbol “[SR]”, shall be subject to the definitions and the additional interpretive requirements provided in Chapter 19.90, Supplementary Regulations of the Elgin Municipal Code, 1976, as amended. The exclusion of such symbol shall not exempt such word or phrase from the applicable supplementary regulation. C. General Provisions. In this PCF zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.05, General Provisions, of the Elgin Municipal Code, 1976, as amended, and the provisions of the Annexation Agreement. D. Zoning Districts - Generally. In this PCF zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.07, Zoning Districts, of the Elgin Municipal Code, 1976, as amended. E. Location and Size of District. This PCF zoning district should be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate PCF zoning district exclusive of rights-of-way, but including adjoining land or land directly opposite a right of way shall not be less than two acres. F. Land Use. In this PCF zoning district, the use of land and structures shall be subject to the provisions of Chapter 19.10, Land Use of the Elgin Municipal Code, 1976, as amended. The following enumerated “land uses” [SR] shall be the only land uses allowed as a “permitted use” [SR] in this PCF zoning district: Permitted Uses. The following enumerated land uses shall be the only land uses allowed as a permitted use in this PCF Community Facility District: Municipal Services Division. 1. "Municipal facilities" [SR] (UNCL). 2. "Public parks, recreation, open space" [SR] (UNCL). Public Administration Division. 3. Public administration (J). 4. Justice, public order, and safety (92). Finance, Insurance, and Real Estate Division. 5. "Development sales office" [SR] (UNCL). Services Division. 9. Elementary and secondary schools (821). 12. Museums, art galleries and botanical and zoological gardens (841). 15. Public Libraries (823). Construction Division. 17. "Contractors office and equipment areas" [SR] (UNCL). Transportation, Communication and Utilities Division. VOLUME LXXI MARCH 8, 2006 97 20. "Commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL). 21. "Radio and television antennas" [SR] (UNCL). 22. "Satellite dish antennas" [SR] (UNCL). 23. "Treatment, transmission, and distribution facilities: poles, wires, cables, conduits, laterals, vaults, pipes, mains, and valves" [SR] (UNCL). Miscellaneous Uses Division. 25. "Fences and walls" [SR] (UNCL). 26. "Loading facilities" [SR] (UNCL), exclusively "accessory" [SR], subject to the provisions of Chapter 19.47, Off Street Loading. 27. "Parking lots" [SR] (UNCL), exclusively "accessory" [SR] to a use allowed in this PCF zoning district, subject to the provisions of Chapter 19.45, Off Street Parking. 28. "Parking structures" [SR] (UNCL), exclusively "accessory" [SR] to a use allowed in this PCF zoning district, subject to the provisions of Chapter 19.45, Off Street Parking. 29. "Refuse collection area" [SR]. 30. "Storage Tanks" [SR] (UNCL). 31. "Signs" [SR] (UNCL), subject to the provisions of Chapter 19.50, Signs. 32. "Temporary uses" [SR] (UNCL). 33. "Accessory structures" [SR] (UNCL) to the permitted uses allowed in this PCF Community Facility District, subject to the provisions of Section 19.12.500, Accessory Structures and Buildings. 34. "Accessory uses" [SR] (UNCL) to the permitted uses allowed in this PCF Community Facility District, subject to the provisions of Section 19.10.400, Component Land Uses. Conditional Uses. The following enumerated land uses shall be the only land uses allowed as a conditional use in this PCF Community Facility District: Services Division. 1. Arenas, sports fields, and stadiums (UNCL). 2. Child day care services (835). 3. "Institutional child day care services" [SR] (8351). 4. Job training and vocational rehabilitation service. 5. Social services not elsewhere classified (839). 6. Sporting and recreational camps (7032). Mining Division. 10. "Temporary mining" [SR] (UNCL). Transportation, Communication and Utilities Division. 12. "Conditional commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL). 13. "Conditional Commercial Antenna Tower" [SR] (UNCL). 14. Electric power generation (UNCL). 17. Local and suburban passenger transportation operators (411). MARCH 8, 2006 VOLUME LXXI 98 18. Local and suburban transit and interurban highway passenger transportation facilities for passenger boarding (417). 20. "Other radio and television antennas" [SR] (UNCL). 22. "Other satellite dish antennas" [SR] (UNCL). 23. Pipelines, except natural gas (461). 27. Refuse systems (4953). 32. "Treatment, transmission, and distribution facilities: equipment, equipment buildings, towers, exchanges, substations, regulators" [SR] (UNCL). Miscellaneous Uses Division. 36. "Master signage plan" [SR], subject to the provisions of Chapter 19.50, Signs. 37. "Parking lots" [SR] (UNCL), subject to the provisions of Chapter 19.45, Off-Street Parking. 38. "Parking structures" [SR] (UNCL). 39. "Planned developments" [SR] on a "zoning lot" [SR] containing less than two acres of land, subject to the provisions of Chapter 19.60, Planned Developments. 40. "Accessory structures" [SR] (UNCL) to the conditional uses allowed in this PCF Community Facility District, subject to the provisions of Section 19.12.500, Accessory Structures and Buildings. 41. "Accessory uses" [SR] (UNCL) to the conditional uses allowed in this PCF Community Facility District, subject to the provisions of Section 19.10.400, Component Land Uses. G. Site Design. In this PCF zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.12, Site Design, of the Elgin Zoning Ordinance. In this PCF zoning district, the site design regulations for individual parcels designated “park” or “open space” shall be the provisions of Section 19.30.135, Site Design, of the Elgin Zoning Ordinance. 1. Supplementary Conditions. In this PCF zoning district, the use and development of land and structures shall also be subject to the following conditions: d. Substantial conformance with the Annexation, Zoning and Subdivision Application and Planned Development Plan for Stony Creek , including: 5. Preliminary Plat of Subdivision for Stony Creek East, prepared by Henderson and Bodwell, LLP, dated July 7, 2004 and last revised October 10, 2005. 6. Preliminary Engineering for Stony Creek East, prepared by Henderson and Bodwell, LLP, dated July 7, 2004 and last revised October 10, 2005. VOLUME LXXI MARCH 8, 2006 99 7. Preliminary Landscape Plan for Stony Creek East (The Ponds of Stony Creek), prepared by Signature Design Group, dated October 24, 2004. e. The incorporation into final engineering plans and specifications of engineering and stormwater plans best management practices recommended by the U.S. Department of Interior, Fish and Wildlife Service and applicable regulatory agencies at the Stony Creek East planned development, to the extent that any such recommended practices are required by the city engineer utilizing generally accepted engineering practices and do not conflict with local codes and ordinances. f. Conformance with all applicable codes and ordinances H. Off-street Parking. In this PCF zoning district, off street parking shall be subject to the provisions of Chapter 19.45, Off-street Parking, of the Elgin Municipal Code, 1976, as amended. I. Off-street Loading. In this PCF zoning district, off-street loading shall be subject to the provisions of Chapter 19.47, Off-street Loading of the Elgin Municipal Code, 1976, as amended. J. Signs. In this PCF zoning district, signs shall be subject to the provisions of Chapter 19.50, Signs of the Elgin Municipal Code, 1976, as amended. K. Amendments. In this PCF zoning district, application for text and map amendments shall be subject to the provisions of Chapter 19.55, Amendments. A text and map amendment may be requested by an individual lot or property owner for a zoning lot without necessitating that all other property owners in this PCF zoning district authorize such an application. L. Planned Developments. In this PCF zoning district, the use and development of the land and structures shall be subject to the provisions of Chapter 19.60, Planned Developments of the Elgin Municipal Code, 1976, as amended. A conditional use for a planned development may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PCF zoning district and without necessitating that all other property owners in this PCF zoning district authorize such an application. M. Conditional Uses. In this PCF zoning district, application for conditional uses shall be subject to the provisions of Chapter 19.65 Conditional Uses of the Elgin Municipal Code, 1976, as amended. A conditional use may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PCF zoning district and without necessitating that all other property owners in this PCF zoning district authorize such an application. MARCH 8, 2006 VOLUME LXXI 100 N. Variations. In this PCF zoning district, application for variation shall be subject to the provisions of Chapter 19.70, Variations of the Elgin Municipal Code, 1976, as amended. Any of the requirements of this ordinance may be varied by petition of a lot or property owner for a zoning lot without requiring an amendment to this PCF zoning district and without necessitating that all other property owners in this PCF zoning district authorize such an application. O. 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, and the provisions of the Annexation Agreement. P. 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 sewers 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. Q. Appeals. Any requirement, determination, or interpretation associated with the administration and enforcement of the provisions of this ordinance may be appealed subject to the provisions of Chapter 19.75, Appeals of the Elgin Municipal Code, 1976, as amended. Section 3. That this ordinance shall be full force and effect immediately after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: March 8, 2006 Passed: March 8, 2006 Vote: Yeas: 5 Nays: 2 Recorded: March 9, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk VOLUME LXXI MARCH 8, 2006 101 ORDINANCE S2-06 PASSED ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN (CORNELISON PARCEL/PROPERTY-MCDONALD ROAD) Councilmember Figueroa made a motion, seconded by Councilmember Gilliam, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Sandor, Walters, and Mayor Schock. Nays: Councilmember Kaptain and Councilmember Rodgers. Ordinance No. S2-06 AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN (Cornelison Parcel/Property-McDonald Road) WHEREAS, a petition signed by all the owners of record of certain territory has been filed with the City Clerk requesting annexation of said territory to the City of Elgin, Illinois; and WHEREAS, said petition includes therein a statement under oath by all the owners of record that no electors reside on the subject territory; and WHEREAS, said territory is contiguous to the City of Elgin and is not within the corporate limits of any municipality; and WHEREAS, legal notices of the intent of the City of Elgin to annex said territory have been forwarded to all public bodies required to receive said notice in the manner provided by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the territory and lands described as follows be and are annexed to and made a part of the City of Elgin and the boundaries of the City of Elgin be and are hereby enlarged and extended to include in the corporate boundaries of the City of Elgin said territory: PARCEL 1: THAT PART OF THE SOUTH ½ OF SECTION 35, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN AND PART OF THE NORTHWEST FRACTIONAL QUARTER OF SECTION 2, TOWNSHIP 40 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE NORTH LINE OF SAID NORTHWEST FRACTIONAL QUARTER THAT IS 954.36 FEET WESTERLY OF THE NORTHEAST CORNER OF SAID NORTHWEST FRACTIONAL QUARTER; THENCE SOUTHERLY PARALLEL WITH THE EAST LINE OF SAID NORTHWEST FRACTIONAL QUARTER 2023.83 FEET TO A POINT THAT IS 660.0 FEET NORTHERLY OF THE SOUTH LINE OF SAID NORTHWEST FRACTIONAL QUARTER (MEASURED ALONG SAID EAST LINE); THENCE WESTERLY PARALLEL WITH SAID SOUTH LINE 660.0 FEET FOR A POINT OF MARCH 8, 2006 VOLUME LXXI 102 BEGINNING; THENCE EASTERLY ALONG THE LAST DESCRIBED COURSE 660.0 FEET; THENCE NORTHERLY PARALLEL WITH SAID EAST LINE 2023.83 FEET TO SAID NORTH LINE; THENCE EASTERLY ALONG SAID NORTH LINE 954.36 FEET TO SAID NORTHEAST CORNER; THENCE EASTERLY ALONG THE SOUTH LINE OF SAID SOUTH ½ 1290.34 FEET TO THE SOUTHEAST CORNER OF THE WEST ½ OF THE SOUTHEAST ¼ OF SAID SECTION 35; THENCE NORTHERLY ALONG THE EAST LINE OF SAID WEST ½, 1049.54 FEET TO THE CENTERLINE OF MCDONALD ROAD; THENCE WESTERLY ALONG SAID CENTER LINE 1324.14 FEET TO THE CENTERLINE OF CORRON ROAD; THENCE WESTERLY ALONG THE CENTER LINE OF SAID MCDONALD ROAD, 499.12 FEET TO A LINE DRAWN PARALLEL WITH AND 498.82 FEET WESTERLY OF THE CENTER LINE OF SAID CORRON ROAD (MEASURED AT RIGHT ANGLES THERETO); THENCE SOUTHERLY ALONG SAID PARALLEL LINE 994.37 FEET TO A LINE DRAWN PARALLEL WITH AND 66.0 FEET NORTHERLY OF THE SOUTH LINE OF SAID SOUTH ½; THENCE WESTERLY PARALLEL WITH SAID SOUTH LINE 717.68 FEET TO THE WESTERLY LINE OF A TRACT OF LAND CONVEYED TO CHARLES B. TUCKER BY DEED RECORDED MARCH 4, 1854 IN BOOK 31 ON PAGE 427 IN THE RECORDER’S OFFICE OF KANE COUNTY; THENCE SOUTHWESTERLY ALONG SAID WESTERLY LINE FORMING AN ANGLE OF 124 DEGREES, 17 MINUTES, 02 SECONDS WITH THE LAST DESCRIBED COURSE (MEASURED CLOCKWISE THEREFROM) 79.88 FEET TO THE NORTHEAST CORNER OF THE WEST ½ OF SAID NORTHWEST FRACTIONAL QUARTER; THENCE SOUTHWESTERLY DIRECTLY TOWARD THE SOUTHWEST CORNER OF SAID WEST ½ 2664.17 FEET TO THE NORTHERLY LINE OF A TRACT OF LAND CONVEYED TO GEORGE TUCKER BY DEED RECORDED APRIL 21, 1854 IN BOOK 34 ON PAGE 368 IN THE RECORDER’S OFFICE OF KANE COUNTY, BEING 351.63 FEET NORTHEASTERLY OF SAID SOUTHWEST CORNER; THENCE NORTH 83 DEGREES EAST ALONG SAID NORTHERLY LINE FORMING AN ANGLE OF 124 DEGREES, 06 MINUTES, 15 SECONDS WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE (MEASURED COUNTER-CLOCKWISE THEREFROM) 777.32 FEET TO AN ANGLE IN SAID NORTHERLY LINE; THENCE SOUTH 85 DEGREES EAST ALONG SAID NORTHERLY LINE FORMING AN ANGLE OF 168 DEGREES, 00 MINUTES, 0 SECONDS WITH THE LAST DESCRIBED COURSE (MEASURED COUNTER-CLOCKWISE THEREFROM) 89.76 FEET TO A LINE DRAWN PARALLEL WITH THE EAST LINE OF SAID NORTHWEST FRACTIONAL QUARTER FROM THE POINT OF BEGINNING; THENCE NORTHERLY 261.63 FEET TO THE POINT OF BEGINNING, LESS AND EXCEPT THAT PART OF THE SOUTH ½ OF SECTION 35, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST ¼ OF SAID SECTION 35; THENCE EASTERLY ALONG THE SOUTH LINE VOLUME LXXI MARCH 8, 2006 103 OF SAID QUARTER 37.67 FEET FOR A POINT OF BEGINNING; THENCE WESTERLY ALONG THE SOUTH LINE OF SAID SOUTH ½ 97.84 FEET; THENCE NORTHERLY ALONG A LINE FORMING AN ANGLE OF 91 DEGREES 13 MINUTES 54 SECONDS WITH SAID SOUTH LINE (MEASURED CLOCKWISE THEREFROM) 1006.50 FEET TO A POINT THAT IS 50.0 FEET WESTERLY OF THE PRESENT CENTER LINE OF CORRON ROAD (MEASURED AT RIGHT ANGLES THERETO); THENCE NORTHWESTERLY ALONG A LINE FORMING AN ANGLE OF 134 DEGREES 10 MINUTES 44 SECONDS WITH THE LAST DESCRIBED COURSE (MEASURED CLOCKWISE THEREFROM) 20.97 FEET TO A POINT THAT IS 45.0 FEET SOUTHERLY OF THE CENTER LINE OF MCDONALD ROAD (MEASURED AT RIGHT ANGLES THERETO); THENCE WESTERLY ALONG A LINE FORMING AN ANGLE OF 141 DEGREES 51 MINUTES 43 SECONDS WITH THE LAST DESCRIBED COURSE (MEASURED CLOCKWISE THEREFROM) 114.98 FEET TO A POINT THAT IS 30.0 FEET SOUTHERLY OF THE CENTER LINE OF SAID MCDONALD ROAD (MEASURED AT RIGHT ANGLES THERETO) FROM A POINT ON THE CENTER LINE OF SAID MCDONALD ROAD 180.0 FEET WESTERLY OF THE CENTER LINE OF SAID CORRON ROAD (MEASURED ALONG THE CENTER LINE OF SAID MCDONALD ROAD); THENCE NORTHERLY AT RIGHT ANGLES TO THE CENTER LINE OF SAID MCDONALD ROAD FORMING AN ANGLE OF 97 DEGREES 29 MINUTES 46 SECONDS WITH THE LAST DESCRIBED COURSE (MEASURED COUNTERCLOCKWISE THEREFROM) 30.0 FEET TO A POINT ON THE CENTER LINE OF SAID MCDONALD ROAD THAT IS 180.0 FEET WESTERLY OF THE POINT ON INTERSECTION OF THE CENTER LINE OF SAID MCDONALD ROAD WITH THE CENTER LINE OF SAID CORRON ROAD; THENCE EASTERLY ALONG THE CENTER LINE OF SAID MCDONALD ROAD 180.0 FEET TO THE CENTER LINE OF SAID CORRON ROAD; THENCE CONTINUING EASTERLY ALONG THE CENTER LINE OF SAID MCDONALD ROAD 250.0 FEET; THENCE SOUTHERLY AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE 30.0 FEET; THENCE WESTERLY ALONG A LINE FORMING AN ANGLE OF 94 DEGREES 45 MINUTES 49 SECONDS WITH THE LAST DESCRIBED COURSE (MEASURED COUNTERCLOCKWISE THEREFROM) 180.62 FEET TO A POINT THAT IS 45.0 FEET SOUTHERLY OF THE CENTER LINE OF SAID MCDONALD ROAD (MEASURED AT RIGHT ANGLES THERETO); THENCE SOUTHWESTERLY ALONG A LINE FORMING AN ANGLE OF 136 DEGREES 09 MINUTES 12 SECONDS WITH THE LAST DESCRIBED COURSE (MEASURED CLOCKWISE THEREFROM) 15.58 FEET TO A POINT THAT IS 60.0 FEET EASTERLY OF THE PRESENT CENTER LINE OF SAID CORRON ROAD (MEASURED AT RIGHT ANGLES THERETO); THENCE SOUTHERLY PARALLEL WITH THE CENTER LINE OF SAID CORRON ROAD FORMING AN ANGLE OF 138 DEGREES 55 MINUTES 07 SECONDS WITH THE LAST DESCRIBED COURSE (MEASURED CLOCKWISE THEREFROM) 265.85 FEET; MARCH 8, 2006 VOLUME LXXI 104 THENCE SOUTHERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 48,732.17 FEET TANGENT TO THE LAST DESCRIBED COURSE 100.33 FEET; THENCE SOUTHERLY ALONG A LINE FORMING AN ANGLE OF 185 DEGREES 47 MINUTES 11 SECONDS WITH A LINE DRAWN TANGENT TO THE LAST DESCRIBED CURVE AT THE LAST DESCRIBED POINT (MEASURED CLOCKWISE THEREFROM) 100.20 FEET; THENCE SOUTHERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 48,722.17 FEET TANGENT TO A LINE FORMING AN ANGLE OF 174 DEGREES 19 MINUTES 51 SECONDS WITH THE LAST DESCRIBED COURSE (MEASURED CLOCKWISE THEREFROM) 400.61 FEET; THENCE SOUTHERLY TANGENT TO THE LAST DESCRIBED CURVE AT THE LAST DESCRIBED POINT 143.02 FEET TO THE POINT OF BEGINNING IN CAMPTON TOWNSHIP AND IN PLATO TOWNSHIP, KANE COUNTY, ILLINOIS. PARCEL 2: THAT PART OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE WEST HALF OF THE NORTHWEST FRACTIONAL QUARTER OF SECTION 2, TOWNSHIP 40 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN; THENCE NORTHEASTERLY ALONG THE WESTERLY LINE OF A TRACT OF LAND CONVEYED TO CHARLES B. TUCKER BY DEED RECORDED MARCH 4, 1854 IN BOOK 31 ON PAGE 427 IN THE RECORDER’S OFFICE OF KANE COUNTY 79.88 FEET TO A LINE DRAWN PARALLEL WITH AND 66.0 FEET NORTHERLY OF THE SOUTH LINE OF SAID SOUTHWEST QUARTER (MEASURED AT RIGHT ANGLES THERETO) FOR A POINT OF BEGINNING; THENCE CONTINUING NORTHEASTERLY ALONG SAID WESTERLY LINE 179.66 FEET TO AN ANGLE IN SAID WESTERLY LINE; THENCE NORTHERLY ALONG SAID WESTERLY LINE FORMING AN ANGEL OF 207 DEGREES 12 MINUTES 00 SECONDS WITH THE LAST DESCRIBED COURSE (MEASURED COUNTER-CLOCKWISE THEREFROM) 796.67 FEET TO THE CENTER LINE OF MCDONALD ROAD; THENCE EASTERLY ALONG SAID CENTER LINE 539.47 FEET TO A LINE DRAWN PARALLEL WITH AND 498.82 FEET WESTERLY OF THE CENTER LINE OF CORRON ROAD (MEASURED AT RIGHT ANGLES THERETO); THENCE SOUTHERLY ALONG SAID PARALLEL LINE 994.37 FEET TO A LINE DRAWN PARALLEL WITH SAID SOUTH LINE FROM THE POINT OF BEGINNING; THENCE WESTERLY PARALLEL WITH SAID SOUTH LINE 717.68 FEET TO THE POINT OF BEGINNING IN PLATO TOWNSHIP, KANE COUNTY, ILLINOIS. TOGETHER WITH ALL THOSE ADJACENT AND CONTIGUOUS LANDS LYING UP TO THE NORTH LINE OF MCDONALD ROAD AND ALL VOLUME LXXI MARCH 8, 2006 105 THOSE PORTIONS OF CORRON ROAD LYING WITHIN THE ABOVE DESCRIBED PROPERTY. Section 2. That a certified copy of this ordinance together with an accurate map of said territories shall be filed with the Recorder of Deeds, Kane County, Illinois. Section 3. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: March 8, 2006 Passed: March 8, 2006 Vote: Yeas: 5 Nays: 2 Recorded: March 9, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE G9-06 PASSED CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PAB PLANNED AREA BUSINESS DISTRICT (CORNELISON PARCEL- MCDONALD ROAD) Councilmember Figueroa made a motion, seconded by Councilmember Gilliam, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Sandor, Walters, and Mayor Schock. Nays: Councilmember Kaptain and Councilmember Rodgers. Ordinance No. G9-06 AN ORDINANCE CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PAB PLANNED AREA BUSINESS DISTRICT (Cornelison Parcel – McDonald Road) WHEREAS, the territory herein described has been annexed to the City of Elgin; and WHEREAS, written application has been made to classify said territory to a PAB Planned Area Business District; and MARCH 8, 2006 VOLUME LXXI 106 WHEREAS, after due notice in the manner provided by law the Planning and Development Commission conducted public hearings concerning said application and has submitted its written findings and recommendations; and WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Planning and Development Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 19.07, Section 19.07.600 entitled “Zoning District Map” of the Elgin Municipal Code, 1976, as amended, be and are hereby altered by including in the PAB Planned Area Business District, the following described property: “The boundaries herein before laid out in the ‘Zoning District Map’, as amended, be and are hereby altered by including in the PAB Planned Area Business District, the following described property:” Those areas on the attached Zoning Plat, prepared by Henderson and Bodwell, L.L.P., and dated July 27, 2004 last revised October 10, 2005, identified as the Cornelison Parcel and designated in the PAB Planned Area Business District. Section 2. That the City Council of the City of Elgin hereby grants the PAB Planned Area Business District which shall be designed, developed, and operated subject to the following provisions: A. Purpose and Intent. The purpose and intent of this PAB zoning district is to provide commodities and services to several neighborhoods, and in some instances to a communitywide or regional supporting populations, subject to the provisions of chapter 19.60 of the zoning ordinance. A PAB zoning district is most similar to, but departs from the standard requirements of the AB 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, 1976, as amended. The exclusion of such symbol shall not exempt such word or phrase from the applicable supplementary regulation. C. General Provisions. In this PAB zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.05, General Provisions, of the Elgin Municipal Code, 1976, as amended. VOLUME LXXI MARCH 8, 2006 107 D. Zoning Districts - Generally. In this PAB zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.07, Zoning Districts, of the Elgin Municipal Code, 1976, as amended. E. Location and Size of District. This PAB zoning district should be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate PAB zoning district exclusive of rights-of-way, but including adjoining land or land directly opposite a right of way shall not be less than two acres. F. Land Use. In this PAB zoning district, the use of land and structures shall be subject to the provisions of Chapter 19.10, Land Use of the Elgin Municipal Code, 1976, as amended. The following enumerated “land uses” [SR] shall be the only land uses allowed as a “permitted use” [SR] in this PAB zoning district: Permitted Uses: The following enumerated land uses shall be the only land uses allowed as a permitted use in the AB Area Business District: 1. Residences Division: "Upper floor apartment dwellings" [SR] (UNCL). 2. Municipal Services Division: Public parks, recreation, open space (UNCL) on a "zoning lot" [SR] containing less than two (2) acres of land. 3. Offices Division: "Offices" [SR] (UNCL). 4. Finance, Insurance, and Real Estate Division: Check-cashing agencies (6099). "Development sales offices" [SR] (UNCL). Finance, insurance, and real estate (H). 5. Services Division: Advertising (731). Automotive renting and leasing without drivers (751). Barbershops (724). Beauty shops (723). "Bed and breakfast inns" [SR] (7011). Billiard parlors (7999). Bingo parlors (7999). Carpet and upholstery cleaning agents without plants on the premises (7217). Coin-operated laundries and dry cleaning (7215). Commercial, economic, sociological and educational research (8732). Commercial, physical, and biological research (8731). Computer programming, data processing and other computer- related services (737). Computer rental and leasing (7377). MARCH 8, 2006 VOLUME LXXI 108 Consumer credit reporting agencies, mercantile reporting agencies, and adjustment and collection agencies (732). Dance studios and schools (791). Detective and guard services (7381). Electrical and electronic repair shops (7629). Engineering, accounting, research, management and related services (87). Funeral service (726). Garment pressing, and agents for laundries and dry cleaners (7212). Home health care services (808). "Hotels and motels" [SR] (701). Job training and vocational rehabilitation services (833). Laundry collecting and distributing outlets (7211). Legal services (811). Libraries (823). Mailing, reproduction, commercial art and photography, and stenographic services (733). Management and public relations services (874). Medical and dental laboratories (807). Membership organizations (86). Membership sports and recreation clubs (7997). Miscellaneous equipment rental and leasing (735). Miscellaneous personal services not elsewhere classified (7299). Motion picture distribution and allied services (782). Motion picture production and allied services (781). Motion picture theaters (7832). News syndicates (7383). Noncommercial research organizations (8733). Offices and clinics of dentists (802). Offices and clinics of doctors of medicine (801). Offices and clinics of doctors of osteopathy (803). Offices and clinics of other health practitioners (804). Other schools and educational services (829). Personnel supply services (736). Photofinishing laboratories (7384). Photographic studios, portrait (722). Physical fitness facilities (7991). Pool parlors (7999). Professional sports operators and promoters (7941). Radio and television repair shops (7622). Refrigerator and air-conditioning service and repair (7623). Reupholstery and furniture repair (764). Security systems services (7382). Shoe repair shops and shoeshine parlors (725). Tax return preparation services (7291). VOLUME LXXI MARCH 8, 2006 109 Testing laboratories (8734). Theatrical producers (792). Videotape rental (784). Vocational schools (824). Watch, clock and jewelry repair (763). 6. Retail Trade Division: Apparel and accessory stores (56). Automatic merchandising machine operators (5962). Building materials, hardware and garden supply (52). Carryout restaurants (5812). Catalog and mail-order houses (5961). Convenience food stores, operated on a twenty four (24) hour basis (5411). Direct selling establishments (5963). Drinking places (alcoholic beverages) (5813). Drugstores and proprietary stores (591). Eating places (5812). Florists (5992). Food stores (54). General merchandise stores (53). Home furniture, furnishings and equipment stores (57). Miscellaneous retail stores not elsewhere classified (5999). Miscellaneous shopping goods stores (594). Mobile home dealers (52). Motor vehicle dealers (5994). News dealers (5994). Optical goods stores (5995). "Outdoor eating and drinking facilities" [SR] (UNCL). Tobacco stores (5993). Used building materials (5932). Used merchandise stores (593). 7. Agricultural Division: Dog grooming (0752). Farm labor and management services (076). Greenhouses for floral products, exclusively "accessory" [SR] to a use allowed in the zoning district (0181). Landscape counseling and planning (0781). Lawn and garden services (0782). Ornamental shrub and tree services (0783). Veterinary services for household pets (0742). 8. Construction Division: "Contractor's office and equipment areas" [SR] (UNCL). 9. Manufacturing Division: Commercial printing occupying less than five thousand (5,000) square feet of gross floor area (2752). 10. Wholesale Trade Division: MARCH 8, 2006 VOLUME LXXI 110 Apparel piece goods and notions (513). Drugs, drug proprietaries, and druggists' sundries (512). Electrical goods (506). Furniture and home furnishings (502). Groceries and related products (514). Hardware, and plumbing and heating equipment and supplies (507). Machinery, equipment, and supplies (508). Metals and minerals, except petroleum (505). Motor vehicles and motor vehicle parts and supplies (501). Paper and paper products (511). Professional and commercial equipment and supplies (504). 11. Transportation, Communication And Utilities Division: "Amateur radio antennas" [SR] (UNCL). Arrangement of passenger transportation (472). Arrangement of transportation of freight and cargo (473). Branch United States post offices (4311). Bus charter service operators' offices (414). Cable and other pay television services (484). "Commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL). Communication services not elsewhere classified (489). Intercity and rural bus transportation operators' offices (413). "Loading facilities" [SR], exclusively "accessory" [SR] to a use allowed in the zoning district, subject to the provisions of Chapter 19.47 of this Title (UNCL). Local and suburban passenger transportation operators' offices (411). Packing and crating (4783). "Radio and television antennas" [SR] (UNCL). Radio and television broadcasting stations (483). Railroad operators' offices (401). "Satellite dish antennas" [SR] (UNCL). School bus operators' offices (415). Taxicab operators' offices (412). Telegraph and other message communications (482). Telephone communications (481). "Treatment, transmission and distribution facilities: poles, wires, cables, conduits, laterals, vaults, pipes, mains, and valves" [SR] (UNCL). 12. Miscellaneous Uses Division: "Accessory structures" [SR] (UNCL) to the permitted uses allowed in the AB Area Business District, subject to the provisions of Section 19.12.500 of this Title. VOLUME LXXI MARCH 8, 2006 111 "Accessory uses" [SR] (UNCL) to the permitted uses allowed in the AB Area Business District, subject to the provisions of Section 19.10.400 of this Title. "Drive-through facilities" [SR], subject to the provisions of Chapter 19.45 of this Title. "Fences and walls" [SR] (UNCL). "Loading facilities" [SR] (UNCL), exclusively "accessory" [SR] to a permitted use allowed in the AB Area Business District, subject to the provisions of Chapter 19.47 of this Title. "Outdoor display areas" [SR] (UNCL). "Outdoor display lots" [SR] (UNCL). "Parking lots" [SR] (UNCL), exclusively "accessory" [SR] to a permitted use allowed in the AB Area Business District, subject to the provisions of Chapter 19.45 of this Title. "Parking structures" [SR] (UNCL), exclusively "accessory" [SR] to a permitted use allowed in the AB Area Business District, subject to the provisions of Chapter 19.45 of this Title. "Refuse collection area" [SR]. "Signs" [SR] (UNCL), subject to the provisions of Chapter 19.50 of this Title. "Storage tanks" [SR] (UNCL). "Temporary uses" [SR] (UNCL). Conditional Uses: The following enumerated land uses shall be the only land uses allowed as a conditional use in the AB Area Business District: 1. Municipal Services Division: "Municipal facilities" [SR] on a zoning lot [SR] containing less than two (2) acres of land. 2. Public Administration Division: Public administration (J) on a zoning lot containing less than two (2) acres of land. 3. Services Division: Amusement parks (7996). Arenas, sports fields, and stadiums (UNCL). Ballrooms (7911). Bowling centers (7933). "Car washes" [SR] (7542). Child daycare services (835). Religious Organizations (8661). Coin-operated amusement establishments (7993). Dance halls (7911). Discotheques (7911). "Home child daycare services" [SR] (8351). Individual and family social services (832). "Motor vehicle repair shops" [SR] (753). "Motor vehicle top, body and upholstery repair shops, and paint shops" [SR] (7532). MARCH 8, 2006 VOLUME LXXI 112 Organization hotels and lodging houses, on membership basis (704). Power laundries (7211). Recreational vehicle parks and campsites (7033). Sporting and recreational camps (7032). "Teen clubs" [SR] (UNCL). 4. Retail Trade Division: Drive-in restaurants (5812). Firearms sales (5941). "Motor vehicle service stations" [SR] (554). "Package liquor sales establishments" [SR] (5921). 5. Agricultural Division: "Kennels" [SR] (0752). 6. Mining Division: "Temporary mining" [SR] (UNCL). 7. Wholesale Trade Division: Beer, wine, and distilled alcoholic beverages (518). Lumber and other construction materials (503). 8. Transportation, Communication, and Utilities Division: "Conditional commercial antenna tower" [SR] (UNCL). "Conditional commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL). Courier services (4215). Heliports (458). Pipelines, except natural gas (461). Public warehousing and storage (422). "Other radio and television antennas" [SR] (UNCL). "Other satellite dish antennas" [SR] (UNCL). Railroad tracks (401). "Treatment, transmission, and distribution facilities: equipment, equipment buildings, towers, exchanges, substations, regulators" [SR] (UNCL). Water transportation (44). 9. Miscellaneous Uses Division: "Accessory package liquor sales establishment" [SR] (UNCL). "Accessory structures" [SR] (UNCL) to the conditional uses allowed in the AB Area Business District, subject to the provisions of Section 19.12.500 of this Title. "Accessory uses" [SR] (UNCL) to the conditional uses allowed in the AB Area Business District, subject to the provisions of Section 19.10.400 of this Title. "Commercial operations yards" [SR] (UNCL). "Master signage plan" [SR], subject to the provisions of Chapter 19.50 of this Title. "Parking lots" [SR] (UNCL), subject to the provisions of Chapter 19.45 of this Title. VOLUME LXXI MARCH 8, 2006 113 "Parking structures" [SR] (UNCL), subject to the provisions of Chapter 19.45 of this Title. "Planned developments" [SR] (UNCL) on a zoning lot containing less than two (2) acres of land, subject to the provisions of Chapter 19.55 of this Title. Similar Uses: The following enumerated land uses shall be subject to classification as a permitted use or as a conditional use in the AB Area Business District or in a less restrictive zoning district, pursuant to subsection 19.10.400H of the Elgin Municipal Code: 1. Services Division: Amusement and recreational services not elsewhere classified (7999). Automotive services (7549). Business services not elsewhere classified (7389). Laundry and garment services not elsewhere classified (7219). Miscellaneous health and allied services not elsewhere classified (809). Miscellaneous personal services not elsewhere classified (7299). Miscellaneous repair shops and related services (769). Services not elsewhere classified (899). Social services not elsewhere classified (839). 2. Wholesale Trade Division: Miscellaneous durable goods (509). Miscellaneous nondurable goods (519). 3. Transportation, Communication, And Utilities Division: Transportation services not elsewhere classified (4789). G. Site Design. In this PAB zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.12, Site Design, of the Elgin Zoning Ordinance and Chapter 19.60, Planned Developments, of the Elgin Municipal Code, 1976, as amended, and as provided in this ordinance. Prior to the development of the subject property the owner of the subject property shall be required to submit a development plan to the city for a public hearing and City Council approval pursuant to the provisions of Chapter 19.60, Planned Developments, of the Elgin Municipal Code, 1976, as amended. H. Off-street Parking. In this PAB zoning district, off street parking shall be subject to the provisions of Chapter 19.45, Off-street Parking, of the Elgin Municipal Code, 1976, as amended. I. Off-street Loading. In this PAB zoning district, off-street loading shall be subject to the provisions of Chapter 19.47, Off-street Loading of the Elgin Municipal Code, 1976, as amended. MARCH 8, 2006 VOLUME LXXI 114 J. Signs. In this PAB zoning district, signs shall be subject to the provisions of Chapter 19.50, Signs of the Elgin Municipal Code, 1976, as amended. K. Amendments. In this PAB zoning district, application for text and map amendments shall be subject to the provisions of Chapter 19.55, Amendments. A text and map amendment may be requested by an individual lot or property owner for a zoning lot without necessitating that all other property owners in this PAB zoning district authorize such an application. L. Planned Developments. In this PAB zoning district, the use and development of the land and structures shall be subject to the provisions of Chapter 19.60, Planned Developments of the Elgin Municipal Code, 1976, as amended. A conditional use for a planned development may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PAB zoning district and without necessitating that all other property owners in this PAB zoning district authorize such an application. M. Conditional Uses. In this PAB zoning district, application for conditional uses shall be subject to the provisions of Chapter 19.65 Conditional Uses of the Elgin Municipal Code, 1976, as amended. A conditional use may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PAB zoning district and without necessitating that all other property owners in this PAB zoning district authorize such an application. N. Variations. In this PAB zoning district, application for variation shall be subject to the provisions of Chapter 19.70, Variations of the Elgin Municipal Code, 1976, as amended. Any of the requirements of this ordinance may be varied by petition of a lot or property owner for a zoning lot without requiring an amendment to this PAB zoning district and without necessitating that all other property owners in this PAB zoning district authorize such an application. O. 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, and the provisions of the Annexation Agreement. P. 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 sewers shall be overhead sewers. VOLUME LXXI MARCH 8, 2006 115 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. Q. Appeals. Any requirement, determination, or interpretation associated with the administration and enforcement of the provisions of this ordinance may be appealed subject to the provisions of Chapter 19.75, Appeals of the Elgin Municipal Code, 1976, as amended. Section 3. That this ordinance shall be full force and effect immediately after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: March 8, 2006 Passed: March 8, 2006 Vote: Yeas: 5 Nays: 2 Recorded: March 9, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE G10-06 PASSED CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT (CORNELISON PROPERTY) Councilmember Figueroa made a motion, seconded by Councilmember Gilliam, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Sandor, Walters, and Mayor Schock. Nays: Councilmember Kaptain and Councilmember Rodgers. Ordinance No.G10-06 AN ORDINANCE CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT (Cornelison Property) WHEREAS, the territory herein described has been annexed to the City of Elgin; and MARCH 8, 2006 VOLUME LXXI 116 WHEREAS, written application has been made to classify said territory in the PSFR2 Planned Single Family Residence District; and WHEREAS, after due notice in the manner provided by law the Planning and Development Commission conducted a public hearing concerning said application and has submitted its written findings and recommendations; and WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Planning and Development Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. 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 paragraph: The boundaries herein before 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: Those areas on the attached Zoning Plat, prepared by Henderson and Bodwell, L.L.P., and dated July 27, 2004 last revised October 10, 2005, identified as the Cornelison Property and designated in the PSFR2 Planned Single Family Residence District. Section 2. That the development of this PSFR2 Planned Single Family Residence District as described in Section 1 shall be developed subject to the following provisions: A. Purpose and Intent. The purpose and intent of this PSFR2 zoning district is to provide a planned urban residential environment of standardized moderate density for single family detached dwellings, subject to the provisions of Chapter 19.60 Planned Developments of the Elgin Municipal Code, 1976, as amended. The PSFR2 District is most similar to, but departs from the standard requirements of the SFR2 Single Family Residential 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, 1976, as amended. C. General Provisions. In this PSFR2 zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.05, General Provisions, of the Elgin Municipal Code, 1976, as amended. VOLUME LXXI MARCH 8, 2006 117 D. Zoning Districts -Generally. In this PSFR2 zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.07, Zoning Districts, of the Elgin Municipal Code, 1976, as amended. E. Location and Size of District. This PSFR2 zoning district should be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate PSFR2 zoning district exclusive of rights-of- way, but including adjoining land or land directly opposite a right-of-way, shall not be less than two acres. F. Land Use. In this PSFR2 zoning district, the use of land and structures shall be subject to the provisions of Chapter 19.10, Land Use, of the Elgin Municipal Code, 1976, as amended. The following enumerated “land uses” [SR] shall be the only land uses allowed as a “permitted use” [SR] in this PSFR2 District: Residence Division. 1. “Single family detached dwellings” [SR] (UNCL). 2. “Residential garage sales” [SR] (UNCL). 3. “Residential occupations” [SR] (UNCL). 4. “Residential outdoor storage of firewood” [SR] (UNCL). 5. “Residential parking areas” [SR] (UNCL). Finance, Insurance, and Real Estate Division. 6. “Development sales office” [SR] (UNCL). Services Division. 7. “Family residential care facility” [SR] (8361). 8. “Home child day care services” [SR] (8351). Construction Division. 9. “Contractors office and equipment areas” [SR] (UNCL). Transportation, Communication, and Utilities Division. 10. “Radio and television antennas” [SR] (UNCL). 11. “Satellite dish antennas” [SR] (UNCL). 12. “Treatment, transmission, and distribution facilities: poles, wires, cables, conduits, laterals, vaults, pipes, mains, and valves” [SR] (UNCL). Miscellaneous Uses Division. 13. “Fences and walls” [SR] (UNCL). 14. “Signs” [SR] (UNCL), subject to the provisions of Chapter 19.50, Signs, of the Elgin Zoning Ordinance. 15. “Temporary uses” [SR] (UNCL). 16. “Accessory structures” [SR] (UNCL) to the permitted uses allowed in this PSFR2 Planned Single Family Residence District, subject to the provisions of Section 19.12.500, Accessory Structures and Buildings, of the Elgin Zoning Ordinance. 17. “Accessory uses” [SR] (UNCL) to the permitted uses allowed in this PSFR2 Planned Single Family Residence District, subject to the provisions of Section 19.20.400, Component Land Uses, of the Elgin Zoning Ordinance. MARCH 8, 2006 VOLUME LXXI 118 In this PSFR2 zoning district, the use of land and structures shall be subject to the provisions of Chapter 19.10, Land Use, of the Elgin Municipal Code, 1976, as amended. The following enumerated “land uses” [SR] shall be the only land uses allowed as a “conditional use” [SR] in this PSFR2 zoning district: Residences Division. 1. “Conditional residential occupations” [SR] (UNCL). Municipal Services Division. 2. “Municipal facilities” [SR] (UNCL) on a zoning lot containing less than two acres of land. Transportation, Communication, and Utilities Division. 3. “Amateur radio antennas” [SR] (UNCL). 4. “Commercial antennas and antenna structures mounted on existing structures” [SR] (UNCL). 5. “Commercial antenna tower” [SR] (UNCL) 6. “Other radio and television antennas” [SR] (UNCL). 7. “Other satellite dish antennas” [SR] (UNCL). 8. “Pipelines, except natural gas” (461). 9. “Railroad tracks” (401). 10. “Treatment, transmission and distribution facilities: equipment, equipment buildings, towers, exchanges, substations, regulators” [SR] (UNCL). Miscellaneous Uses Division. 11. “Planned developments” [SR] (UNCL) on a zoning lot containing less than two acres of land, subject to the provisions of Chapter 19.60, Planned Developments, of the Elgin Zoning Ordinance. 12. “Accessory structures” [SR] (UNCL) to the conditional uses allowed in this PSFR2 Planned Single Family Residence District, subject to the provisions of Chapter 19.12.500, Accessory structures and Buildings. 13. “Accessory uses” [SR] (UNCL) to the conditional uses allowed in this PSFR2 Single Family Residence District, subject to the provisions of Section 19.10. 400, Component Land Uses. G. Site Design. In this PSFR2 zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.12, Site Design, of the Elgin Zoning Ordinance. In this PSFR2 zoning district, the site design regulations for individual lot development shall be the provisions of Section 19.25.335, Site Design, of the Elgin Zoning Ordinance. Prior to the development of the Subject Property the Owner of the Subject Property shall be required to submit a development plan to the city for a public hearing and city council approval pursuant to t he provisions of Chapter 19.60, Planned Developments, of the Elgin Municipal Code, 1976, as amended. 1. Supplementary Conditions. In this PSFR2 zoning district, the use and development of land and structures shall also be subject to the following conditions: VOLUME LXXI MARCH 8, 2006 119 a. The subdivision layout and residential buildings shall be designed, constructed and maintained in substantial conformance with the design guidelines applicable to residential neighborhoods developed in the “Far West” portion of the Elgin Planning Area, as described in the 2005 Elgin Comprehensive Plan and Design Guidelines. H. Off-Street Parking. In this PSFR2 zoning district, off street parking shall be subject to the provisions of Chapter 19.45, Off-Street Parking, of the Elgin Municipal Code, 1976, as amended. I. Off-Street Loading. In this PSFR2 zoning district, off street loading shall be subject to the provisions of Chapter 19.47, Off-Street Loading, of the Elgin Municipal Code, 1976, as amended. J. Signs. In this PSFR2 zoning district, signs shall be subject to the provisions of Chapter 19.50, Signs, of the Elgin Municipal Code, 1976, as amended, and shall also be subject to paragraph G., Site Design, of this ordinance. K. Amendments. In this PSFR2 zoning district, application for text and map amendments shall be subject to the provisions of Chapter 19.55, Amendments. A text and map amendment may be requested by an individual lot or property owner for a zoning lot without necessitating that all other property owners in this PSFR2 zoning district authorize such an application. L. Planned Developments. In this PSFR2 zoning district, application for a planned development shall be subject to the provisions of Chapter 19.60, Planned Developments, of the Elgin Municipal Code, 1976, as amended. A conditional use for a planned development may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PSFR2 zoning district and without necessitating that all other property owners in this PSFR2 zoning district authorize such an application. M. Conditional Uses. In this PSFR2 zoning district, application for conditional uses shall be subject to the provisions of Chapter 19.65 Conditional Uses, of the Elgin Municipal Code, 1976, as amended. A conditional use may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PSFR2 zoning district and without necessitating that all other property owners in this PSFR2 zoning district authorize such an application. N. Variations. Any of the requirements of this ordinance may be varied by petition of a lot or property owner subject to this Ordinance, however, such variation is subject to the provisions of Section 19.70, Variations, of the Elgin Municipal Code, as may be amended. A variation may be requested by an individual property owner for a zoning lot without requiring an amendment to this PSFR2 MARCH 8, 2006 VOLUME LXXI 120 zoning district and without necessitating that all other property owners in this PSFR2 zoning district authorize such an application. O. 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, and the provisions of the Annexation Agreement. P. 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 sewers 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. Q. Appeals. Any requirement, determination, or interpretation associated with the administration and enforcement of the provisions of this ordinance may be appealed subject to the provisions of Chapter 19.75, Appeals, of the Elgin Municipal Code, 1976, as amended. Section 3. That this ordinance shall be full force and effect immediately after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: March 8, 2006 Passed: March 8, 2006 Vote: Yeas: 5 Nays: 2 Recorded: March 9, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk VOLUME LXXI MARCH 8, 2006 121 ORDINANCE S3-06 PASSED ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN (BIG TIMBER ROAD FRONTAGE) Councilmember Kaptain made a motion, seconded by Councilmember Walters, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Ordinance No. S3-06 AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN (FRONTAGE ALONG BIG TIMBER ROAD) WHEREAS, a petition signed by all the owners of record of certain territory and by at least 51% of the electors residing at such territory has been filed with the City Clerk requesting the annexation of said territory to the City of Elgin, Illinois; and WHEREAS, said petition includes therein a statement under oath that at least 51% of the electors residing on such territory have joined in the petition; and WHEREAS, said territory which consists of frontage on Big Timber Road is not within the corporate limits of any municipality but is contiguous to the corporate limits of the City of Elgin; and WHEREAS, legal notices of the intent of the City of Elgin to annex the subject property have previously been forwarded to all public bodies required to receive said notice in the manner provided by law; and WHEREAS, on December 15, 2004, the City Council of the City of Elgin authorized the execution of an annexation agreement which would provide for the annexation of the subject property (hereinafter referred to as "the Subject Annexation Agreement"); and WHEREAS, the Subject Annexation Agreement provides in part that by agreement of the parties the subject property may be annexed into the City of Elgin in phases; and WHEREAS, the City of Elgin and the owners of the subject property have determined that it is in their best interests to provide for the annexation of the subject property in phases. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the territory and lands described as follows be and are hereby annexed to and made a part of the City of Elgin and the boundaries of the City of Elgin be and are hereby enlarged and extended to include in the corporate boundaries of the City of Elgin the following described territory: MARCH 8, 2006 VOLUME LXXI 122 TRACT C: THAT PART OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 42 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN LYING NORTHEAST OF A LINE 400 FEET SOUTHWEST OF AND PARALLEL WITH THE SOUTHWEST LINE OF BIG TIMBER ROAD, (EXCEPT THAT PART DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER; THENCE WEST ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER 559.50 FEET TO THE CENTERLINE OF MCCORNACK ROAD FOR THE POINT OF BEGINNING; THENCE CONTINUING WEST ALONG SAID NORTH LINE 422.54 FEET; THENCE SOUTH AT RIGHT ANGLES TO SAID NORTH LINE 200.0 FEET; THENCE EAST PARALLEL WITH THE NORTH LINE OF SAID NORTHWEST QUARTER 150.54 FEET TO THE CENTERLINE OF MCCORNACK ROAD; THENCE NORTHEASTERLY ALONG SAID CENTERLINE BEING ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 335.54 FEET, A DISTANCE OF 118.04 FEET; THENCE NORTH 57 DEGREES 10 MINUTES 13 SECONDS EAST ALONG SAID CENTERLINE 221.40 FEET TO THE POINT OF BEGINNING), IN THE TOWNSHIP OF RUTLAND, KANE COUNTY, ILLINOIS. TRACT E: THAT PART OF THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 42 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHWEST QUARTER; THENCE NORTH ALONG THE EAST LINE OF SAID QUARTER SECTION 172.15 FEET TO THE CENTERLINE OF BIG TIMBER ROAD; THENCE NORTH ALONG THE EAST LINE OF SAID QUARTER SECTION 1300 FEET; THENCE WEST ALONG A LINE FORMING AN ANGLE OF 89 DEGREES 57 MINUTES MEASURED CLOCKWISE FROM THE LAST DESCRIBED COURSE, 717.69 FEET FOR THE POINT OF BEGINNING; THENCE WEST ALONG THE EXTENSION OF THE LAST DESCRIBED COURSE 280 FEET; THENCE SOUTH ALONG A LINE FORMING AN ANGLE OF 90 DEGREES 03 MINUTES MEASURED CLOCKWISE FROM THE LAST DESCRIBED COURSE 456.17 FEET TO THE CENTERLINE OF SAID BIG TIMBER ROAD; THENCE SOUTHEASTERLY ALONG SAID CENTERLINE 1114.17 FEET TO THE CENTERLINE EXTENDED NORTHEASTERLY OF MCCORNACK ROAD; THENCE SOUTHWESTERLY ALONG THE EXTENSION OF THE CENTERLINE OF SAID MCCORNACK ROAD 512.4 FEET TO THE SOUTH LINEUP SAID SOUTHWEST QUARTER; THENCE WEST ALONG SAID SOUTH LINE 2081.5 FEET TO THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE NORTH ALONG THE WEST LINE OF SAID QUARTER SECTION 2642 FEET TO THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE EAST ALONG THE NORTH LINE OF SAID QUARTER SECTION 23 81.4 FEET TO A POINT 255.75 VOLUME LXXI MARCH 8, 2006 123 FEET WEST OF THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER; THENCE SOUTH PARALLEL WITH THE EAST LINE OF SAID QUARTER SECTION 72.5 FEET: THENCE SOUTHWESTERLY 1181.74 FEET TO THE POINT OF BEGINNING (EXCEPTING THEREFROM THAT PART DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID QUARTER SECTION; THENCE SOUTH 89 DEGREES 45 MINUTES 38 SECONDS WEST ALONG THE SOUTH LINE OF SAID QUARTER, 559.2 FEET TO THE CENTERLINE OF MCCORNACK ROAD PER DOCUMENT NO. 1850963 FOR THE PLACE OF BEGINNING: THENCE SOUTH 89 DEGREES 45 MINUTES 38 SECONDS WEST ALONG SAID SOUTH LINE 442.54 FEET; THENCE NORTH 14 DEGREES 22 MINUTES WEST PERPENDICULAR TO THE LAST DESCRIBED COURSE 313.33 FEET; THENCE NORTH 89 DEGREES 45 MINUTES 38 SECONDS EAST PERPENDICULAR TO THE LAST DESCRIBED COURSE 283.75 FEET; THENCE SOUTH 43 DEGREES 12 MINUTES 35 SECONDS EAST 144.21 FEET; THENCE SOUTH 28 DEGREES 17 MINUTES 37 SECONDS EAST 208.23 FEET TO THE CENTERLINE OF SAID MCCORNACK ROAD; THENCE SOUTH 54 DEGREES 07 MINUTES 38 SECONDS WEST ALONG SAID CENTERLINE 167.58 FEET TO THE PLACE OF BEGINNING); ALSO EXCEPTING THEREFROM THAT PART THEREOF DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHWEST QUARTER; THENCE SOUTH 89 DEGREES 45 MINUTES 38 SECONDS WEST ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER A DISTANCE OF 981.74 FEET; THENCE NORTH 00 DEGREES 14 MINUTES 22 SECONDS WEST PERPENDICULAR TO THE LAST DESCRIBED COURSE A DISTANCE OF 313.33 FEET FOR THE POINT OF BEGINNING; THENCE NORTH 89 DEGREES 45 MINUTES 38 SECONDS EAST PERPENDICULAR) TO THE LAST DESCRIBED COURSE A DISTANCE OF 283.75 FEET; THENCE SOUTH 43 DEGREES 12 MINUTES 35 SECONDS EAST A DISTANCE OF 144.21 FEET; THENCE SOUTH 58 DEGREES 17 MINUTES 37 SECONDS EAST A DISTANCE OF 208.23 FEET TO THE CENTERLINE OF MCCORNACK ROAD PER DEED RECORDED AS DOCUMENT NO. 1859063; THENCE NORTH 54 DEGREES 07 MINUTES 38 SECONDS EAST ALONG SAID CENTERLINE A DISTANCE OF 344.85 FEET TO THE CENTERLINE OF BIG TIMBER ROAD PER KANE COUNTY HIGHWAY DEPARTMENT MAP OF S.A. ROUTE 7 - ELGIN SHEET NO. 4; THENCE NORTH 49 DEGREES 03 MINUTES 06 SECONDS WEST ALONG SAID CENTERLINE A DISTANCE OF 65.67 FEET; THENCE NORTHWESTERLY ALONG SAID CENTERLINE, BEING A CURVE TO THE LEFT, HAVING A RADIUS OF 28,647.80 FEET, TANGENT TO THE LAST DESCRIBED COURSE, AN ARC DISTANCE OF 658.92 FEET TO A LINE THAT BEARS NORTH 32 DEGREES 04 MINUTES 14 SECONDS EAST FROM THE POINT OF BEGINNING; THENCE SOUTH 32 DEGREES 04 MINUTES 14 SECONDS WEST ALONG SAID LINE A DISTANCE OF 540.29 FEET TO THE POINT OF BEGINNING (EXCEPTING THEREFROM THAT PART THEREOF LYING SOUTHWEST OF A LINE MARCH 8, 2006 VOLUME LXXI 124 300 FEET SOUTHWEST OF AND PARALLEL WITH THE SOUTHWEST LINE OF BIG TIMBER ROAD AND THAT PART LYING NORTHEAST OF THE NORTHEAST LINE OF SAID BIG TIMBER ROAD); IN THE TOWNSHIP OF RUTLAND, KANE COUNTY, ILLINOIS. ALSO: THAT PART OF BIG TIMBER ROAD LYING NORTHEASTERLY OF AND ADJACENT TO THE ABOVE DESCRIBED TRACT E. TRACT F: THAT PART OF THE SOUTHEAST QUARTER OF SECTION 27, TOWNSHIP 42 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING EASTERLY OF THE CENTERLINE OF A PUBLIC HIGHWAY KNOWN AS DAMISCH ROAD AS ESTABLISHED BY INSTRUMENT DATED FEBRUARY 18, 1927 AND RECORDED APRIL 28. 1927 IN BOOK 831, PAGE 105 AS DOCUMENT NO. 290939, (EXCEPT THAT PART DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 27; THENCE NORTH 89 DEGREES 38 MINUTES 28 SECONDS EAST ALONG THE SOUTH LINE OF SAID NORTHEAST QUARTER A DISTANCE OF 433.30 FEET TO THE CENTERLINE OF DAMISCH ROAD PER DOCUMENT NO. 290939 RECORDED APRIL 28, 1927 IN BOOK 831 PAGE 105 FOR THE POINT OF BEGINNING; THENCE NORTH 38 DEGREES 51 MINUTES 35 SECONDS EAST ALONG SAID CENTERLINE A DISTANCE OF 109.80 FEET; THENCE SOUTHEASTERLY A DISTANCE OF 198.40 FEET TO A POINT THAT IS 31.70 FEET NORTHERLY OF A POINT HEREINAFTER REFERRED TO AS POINT "A" ON THE SAID SOUTH LINE OF THE NORTHEAST QUARTER THAT IS 263.90 FEET, AS MEASURED ALONG SAID SOUTH LINE, EAST OF THE POINT OF BEGINNING: THENCE SOUTH 06 DEGREES 35 MINUTES 22 SECONDS EAST ALONG A LINE THAT PASSES THROUGH POINT "A", A DISTANCE OF 36.05 FEET; THENCE NORTH 89 DEGREES 38 MINUTES 28 SECONDS EAST PARALLEL WITH THE SAID SOUTH LINE OF THE NORTHEAST QUARTER A DISTANCE OF 129.53 FEET: THENCE SOUTH 00 DEGREES 21 MINUTES 32 SECONDS EAST PERPENDICULAR TO THE SAID SOUTH LINEUP THE NORTHEAST QUARTER A DISTANCE OF 268.19 FEET; THENCE SOUTH 76 DEGREES l8 MINUTES 42 SECONDS WEST A DISTANCE OF 350.92 FEET; THENCE NORTH 21 DEGREES 39 MINUTES 38 SECONDS WEST A DISTANCE OF 46.19 FEET; THENCE SOUTH 60 DEGREES 16 MINUTES 07 SECONDS WEST A DISTANCE OF 58.21 FEET; THENCE NORTH 26 DEGREES 53 MINUTES 29 SECONDS WEST A DISTANCE OF 221.74 FEET TO SAID CENTERLINE OF DAMISCH ROAD; THENCE NORTHEASTERLY ALONG SAID CENTERLINE BEING ON A CURVE TO THE RIGHT, HAVING A RADIUS OF 3183.23 FEET AND A CHORD BEARING OF NORTH 38 DEGREES 22 MINUTES 48 SECONDS EAST AN ARC DISTANCE OF 53.30 FEET; THENCE NORTH 38 DEGREES 51 MINUTES 35 SECONDS EAST ALONG SAID CENTERLINE A DISTANCE OF 127.77 VOLUME LXXI MARCH 8, 2006 125 FEET TO THE POINT OF BEGINNING) (AND ALSO EXCEPTING THEREFROM THAT PART THEREOF LYING SOUTHWEST OF A LINE 300 FEET SOUTHWEST OF AND PARALLEL WITH THE SOUTHWEST LINE OF BIG TIMBER ROAD AND THAT PART LYING NORTHEAST OF THE NORTHEAST LINE OF SAID BIG TIMBER ROAD); IN RUTLAND TOWNSHIP, KANE COUNTY, ILLINOIS. ALSO: THAT PART OF BIG TIMBER ROAD LYING NORTHEASTERLY OF AND ADJACENT TO THE ABOVE DESCRIBED TRACT F. Section 2. That a certified copy of this ordinance together with an accurate map of said territory shall be filed with the Recorder of Deeds, Kane County, Illinois. Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 4. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: March 8, 2006 Passed: March 8, 2006 Vote: Yeas: 7 Nays: 0 Recorded: March 9, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE G11-06 PASSED CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PCF PLANNED COMMUNITY FACILITY DISTRICT (OPEN SPACE ALONG BIG TIMBER ROAD-PORTIONS OF OPEN SPACES SITES E AND J) Councilmember Figueroa made a motion, seconded by Councilmember Walters, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. MARCH 8, 2006 VOLUME LXXI 126 Ordinance No. G11-06 AN ORDINANCE CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PCF PLANNED COMMUNITY FACILITY DISTRICT (Open Space along Big Timber Road-Portions of Open Space Sites E and J) WHEREAS, the territory herein described has been annexed to the City of Elgin; and WHEREAS, written application has been made to classify said territory to a PCF Planned Community Facility District; and WHEREAS, after due notice in the manner provided by law the Planning and Development Commission conducted public hearings concerning said application and has submitted its written findings and recommendations; and WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Planning and Development Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 19.07, Section 19.07.600 entitled “Zoning District Map” of the Elgin Municipal Code, 1976, as amended, be and are hereby altered by including in the PCF Planned Community Facility District, the following described property: 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, the following described property (parcel numbers as referenced are as indicated on the Preliminary Subdivision Plat): Those areas on the attached zoning map, prepared by JEN Land Design, Inc., and dated June 15, 2004, and last revised December 3, 2004, designated in the PCF Planned Community Facility District, and designated as portions of Open Space Parcels E and J on the Preliminary PUD Plan, prepared by JEN Land Inc., dated June 15, 2004, with a final revision date of August 20, 2004 (page 1), said areas being located within a portion of the property legally described as follows: TRACT C: THAT PART OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 42 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN LYING NORTHEAST OF A LINE 400 FEET SOUTHWEST OF AND PARALLEL WITH THE SOUTHWEST LINE OF BIG TIMBER ROAD, (EXCEPT THAT PART DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER; THENCE WEST ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER VOLUME LXXI MARCH 8, 2006 127 559.50 FEET TO THE CENTERLINE OF MCCORNACK ROAD FOR THE POINT OF BEGINNING; THENCE CONTINUING WEST ALONG SAID NORTH LINE 422.54 FEET; THENCE SOUTH AT RIGHT ANGLES TO SAID NORTH LINE 200.0 FEET; THENCE EAST PARALLEL WITH THE NORTH LINE OF SAID NORTHWEST QUARTER 150.54 FEET TO THE CENTERLINE OF MCCORNACK ROAD; THENCE NORTHEASTERLY ALONG SAID CENTERLINE BEING ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 335.54 FEET, A DISTANCE OF 118.04 FEET; THENCE NORTH 57 DEGREES 10 MINUTES 13 SECONDS EAST ALONG SAID CENTERLINE 221.40 FEET TO THE POINT OF BEGINNING), IN THE TOWNSHIP OF RUTLAND, KANE COUNTY, ILLINOIS. TRACT E: THAT PART OF THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 42 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHWEST QUARTER; THENCE NORTH ALONG THE EAST LINE OF SAID QUARTER SECTION 172.15 FEET TO THE CENTERLINE OF BIG TIMBER ROAD; THENCE NORTH ALONG THE EAST LINE OF SAID QUARTER SECTION 1300 FEET; THENCE WEST ALONG A LINE FORMING AN ANGLE OF 89 DEGREES 57 MINUTES MEASURED CLOCKWISE FROM THE LAST DESCRIBED COURSE, 717.69 FEET FOR THE POINT OF BEGINNING; THENCE WEST ALONG THE EXTENSION OF THE LAST DESCRIBED COURSE 280 FEET; THENCE SOUTH ALONG A LINE FORMING AN ANGLE OF 90 DEGREES 03 MINUTES MEASURED CLOCKWISE FROM THE LAST DESCRIBED COURSE 456.17 FEET TO THE CENTERLINE OF SAID BIG TIMBER ROAD; THENCE SOUTHEASTERLY ALONG SAID CENTERLINE 1114.17 FEET TO THE CENTERLINE EXTENDED NORTHEASTERLY OF MCCORNACK ROAD; THENCE SOUTHWESTERLY ALONG THE EXTENSION OF THE CENTERLINE OF SAID MCCORNACK ROAD 512.4 FEET TO THE SOUTH LINEUP SAID SOUTHWEST QUARTER; THENCE WEST ALONG SAID SOUTH LINE 2081.5 FEET TO THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE NORTH ALONG THE WEST LINE OF SAID QUARTER SECTION 2642 FEET TO THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE EAST ALONG THE NORTH LINE OF SAID QUARTER SECTION 23 81.4 FEET TO A POINT 255.75 FEET WEST OF THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER; THENCE SOUTH PARALLEL WITH THE EAST LINE OF SAID QUARTER SECTION 72.5 FEET: THENCE SOUTHWESTERLY 1181.74 FEET TO THE POINT OF BEGINNING (EXCEPTING THEREFROM THAT PART DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID QUARTER SECTION; THENCE SOUTH 89 DEGREES 45 MINUTES 38 SECONDS WEST ALONG THE SOUTH LINE OF SAID QUARTER, 559.2 FEET TO THE CENTERLINE OF MCCORNACK ROAD MARCH 8, 2006 VOLUME LXXI 128 PER DOCUMENT NO. 1850963 FOR THE PLACE OF BEGINNING: THENCE SOUTH 89 DEGREES 45 MINUTES 38 SECONDS WEST ALONG SAID SOUTH LINE 442.54 FEET; THENCE NORTH 14 DEGREES 22 MINUTES WEST PERPENDICULAR TO THE LAST DESCRIBED COURSE 313.33 FEET; THENCE NORTH 89 DEGREES 45 MINUTES 38 SECONDS EAST PERPENDICULAR TO THE LAST DESCRIBED COURSE 283.75 FEET; THENCE SOUTH 43 DEGREES 12 MINUTES 35 SECONDS EAST 144.21 FEET; THENCE SOUTH 28 DEGREES 17 MINUTES 37 SECONDS EAST 208.23 FEET TO THE CENTERLINE OF SAID MCCORNACK ROAD; THENCE SOUTH 54 DEGREES 07 MINUTES 38 SECONDS WEST ALONG SAID CENTERLINE 167.58 FEET TO THE PLACE OF BEGINNING); ALSO EXCEPTING THEREFROM THAT PART THEREOF DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHWEST QUARTER; THENCE SOUTH 89 DEGREES 45 MINUTES 38 SECONDS WEST ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER A DISTANCE OF 981.74 FEET; THENCE NORTH 00 DEGREES 14 MINUTES 22 SECONDS WEST PERPENDICULAR TO THE LAST DESCRIBED COURSE A DISTANCE OF 313.33 FEET FOR THE POINT OF BEGINNING; THENCE NORTH 89 DEGREES 45 MINUTES 38 SECONDS EAST PERPENDICULAR) TO THE LAST DESCRIBED COURSE A DISTANCE OF 283.75 FEET; THENCE SOUTH 43 DEGREES 12 MINUTES 35 SECONDS EAST A DISTANCE OF 144.21 FEET; THENCE SOUTH 58 DEGREES 17 MINUTES 37 SECONDS EAST A DISTANCE OF 208.23 FEET TO THE CENTERLINE OF MCCORNACK ROAD PER DEED RECORDED AS DOCUMENT NO. 1859063; THENCE NORTH 54 DEGREES 07 MINUTES 38 SECONDS EAST ALONG SAID CENTERLINE A DISTANCE OF 344.85 FEET TO THE CENTERLINE OF BIG TIMBER ROAD PER KANE COUNTY HIGHWAY DEPARTMENT MAP OF S.A. ROUTE 7 - ELGIN SHEET NO. 4; THENCE NORTH 49 DEGREES 03 MINUTES 06 SECONDS WEST ALONG SAID CENTERLINE A DISTANCE OF 65.67 FEET; THENCE NORTHWESTERLY ALONG SAID CENTERLINE, BEING A CURVE TO THE LEFT, HAVING A RADIUS OF 28,647.80 FEET, TANGENT TO THE LAST DESCRIBED COURSE, AN ARC DISTANCE OF 658.92 FEET TO A LINE THAT BEARS NORTH 32 DEGREES 04 MINUTES 14 SECONDS EAST FROM THE POINT OF BEGINNING; THENCE SOUTH 32 DEGREES 04 MINUTES 14 SECONDS WEST ALONG SAID LINE A DISTANCE OF 540.29 FEET TO THE POINT OF BEGINNING (EXCEPTING THEREFROM THAT PART THEREOF LYING SOUTHWEST OF A LINE 300 FEET SOUTHWEST OF AND PARALLEL WITH THE SOUTHWEST LINE OF BIG TIMBER ROAD AND THAT PART LYING NORTHEAST OF THE NORTHEAST LINE OF SAID BIG TIMBER ROAD); IN THE TOWNSHIP OF RUTLAND, KANE COUNTY, ILLINOIS. TRACT F: THAT PART OF THE SOUTHEAST QUARTER OF SECTION 27, TOWNSHIP 42 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL VOLUME LXXI MARCH 8, 2006 129 MERIDIAN, LYING EASTERLY OF THE CENTERLINE OF A PUBLIC HIGHWAY KNOWN AS DAMISCH ROAD AS ESTABLISHED BY INSTRUMENT DATED FEBRUARY 18, 1927 AND RECORDED APRIL 28. 1927 IN BOOK 831, PAGE 105 AS DOCUMENT NO. 290939, (EXCEPT THAT PART DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 27; THENCE NORTH 89 DEGREES 38 MINUTES 28 SECONDS EAST ALONG THE SOUTH LINE OF SAID NORTHEAST QUARTER A DISTANCE OF 433.30 FEET TO THE CENTERLINE OF DAMISCH ROAD PER DOCUMENT NO. 290939 RECORDED APRIL 28, 1927 IN BOOK 831 PAGE 105 FOR THE POINT OF BEGINNING; THENCE NORTH 38 DEGREES 51 MINUTES 35 SECONDS EAST ALONG SAID CENTERLINE A DISTANCE OF 109.80 FEET; THENCE SOUTHEASTERLY A DISTANCE OF 198.40 FEET TO A POINT THAT IS 31.70 FEET NORTHERLY OF A POINT HEREINAFTER REFERRED TO AS POINT "A" ON THE SAID SOUTH LINE OF THE NORTHEAST QUARTER THAT IS 263.90 FEET, AS MEASURED ALONG SAID SOUTH LINE, EAST OF THE POINT OF BEGINNING: THENCE SOUTH 06 DEGREES 35 MINUTES 22 SECONDS EAST ALONG A LINE THAT PASSES THROUGH POINT "A", A DISTANCE OF 36.05 FEET; THENCE NORTH 89 DEGREES 38 MINUTES 28 SECONDS EAST PARALLEL WITH THE SAID SOUTH LINE OF THE NORTHEAST QUARTER A DISTANCE OF 129.53 FEET: THENCE SOUTH 00 DEGREES 21 MINUTES 32 SECONDS EAST PERPENDICULAR TO THE SAID SOUTH LINEUP THE NORTHEAST QUARTER A DISTANCE OF 268.19 FEET; THENCE SOUTH 76 DEGREES l8 MINUTES 42 SECONDS WEST A DISTANCE OF 350.92 FEET; THENCE NORTH 21 DEGREES 39 MINUTES 38 SECONDS WEST A DISTANCE OF 46.19 FEET; THENCE SOUTH 60 DEGREES 16 MINUTES 07 SECONDS WEST A DISTANCE OF 58.21 FEET; THENCE NORTH 26 DEGREES 53 MINUTES 29 SECONDS WEST A DISTANCE OF 221.74 FEET TO SAID CENTERLINE OF DAMISCH ROAD; THENCE NORTHEASTERLY ALONG SAID CENTERLINE BEING ON A CURVE TO THE RIGHT, HAVING A RADIUS OF 3183.23 FEET AND A CHORD BEARING OF NORTH 38 DEGREES 22 MINUTES 48 SECONDS EAST AN ARC DISTANCE OF 53.30 FEET; THENCE NORTH 38 DEGREES 51 MINUTES 35 SECONDS EAST ALONG SAID CENTERLINE A DISTANCE OF 127.77 FEET TO THE POINT OF BEGINNING) (AND ALSO EXCEPTING THEREFROM THAT PART THEREOF LYING SOUTHWEST OF A LINE 300 FEET SOUTHWEST OF AND PARALLEL WITH THE SOUTHWEST LINE OF BIG TIMBER ROAD AND THAT PART LYING NORTHEAST OF THE NORTHEAST LINE OF SAID BIG TIMBER ROAD); IN RUTLAND TOWNSHIP, KANE COUNTY, ILLINOIS. Section 2. That the City Council of the City of Elgin hereby grants the PCF Planned Community Facility District which shall be designed, developed, and operated subject to the following provisions: MARCH 8, 2006 VOLUME LXXI 130 A. Purpose and Intent. The purpose and intent of this PCF zoning 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, 1976, as amended. In general, community facilities provide governmental, recreational, educational, health, social, religious, and transportation services to the community on a for profit or an 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, 1976, as amended. The exclusion of such symbol shall not exempt such word or phrase from the applicable supplementary regulation. C. General Provisions. In this PCF zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.05, General Provisions, of the Elgin Municipal Code, 1976, as amended, and the provisions of the Annexation Agreement. D. Zoning Districts - Generally. In this PCF zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.07, Zoning Districts, of the Elgin Municipal Code, 1976, as amended. E. Location and Size of District. This PCF zoning district should be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate PCF zoning district exclusive of rights-of-way, but including adjoining land or land directly opposite a right of way shall not be less than two acres. F. Land Use. In this PCF zoning district, the use of land and structures shall be subject to the provisions of Chapter 19.10, Land Use of the Elgin Municipal Code, 1976, as amended. The following enumerated “land uses” [SR] shall be the only land uses allowed as a “permitted use” [SR] in this PCF zoning district: Permitted Uses. The following enumerated land uses shall be the only land uses allowed as a permitted use in this PCF Community Facility District: Municipal Services Division. 1. "Municipal facilities" [SR] (UNCL). 2. "Public parks, recreation, open space" [SR] (UNCL). Public Administration Division. 3. Public administration (J). 4. Justice, public order, and safety (92). Finance, Insurance, and Real Estate Division. 5. "Development sales office" [SR] (UNCL). Services Division. VOLUME LXXI MARCH 8, 2006 131 6. Elementary and secondary schools (821). 7. Clubhouse, located on the parcel identified as “club” on the Preliminary PUD Plan sheet 1, prepared by JEN Land Inc., dated June 15, 2004, with a final revision date of August 20, 2004, consisting of a community center to be owned by the property homeowners association for the subject residential development, operated and used exclusively accessory to the residential development, operated exclusively on the parcel designated on the Concept Plan for HPI. Such use may include indoor and outdoor sports fitness, social, health and recreational activities for homeowner association members and their guests, pool and aquatic center, volleyball, basketball courts, tennis courts and sports fields, both lighted and unlighted, private parties and social functions for homeowners association members and their guests sponsored by the homeowners association or its members, child care for homeowner association members partaking in fitness and social programs, homeowner association meetings, property management office for homeowners association, community welcome center/information center, snack bar/concession stand and children’s day camp activities sponsored or contracted by the homeowners association. 8. Museums, art galleries and botanical and zoological gardens (841). 9. Public Libraries (823). Construction Division. 10. "Contractors office and equipment areas" [SR] (UNCL). Transportation, Communication and Utilities Division. 11. "Commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL). 12. "Radio and television antennas" [SR] (UNCL). 13. "Satellite dish antennas" [SR] (UNCL). 14. "Treatment, transmission, and distribution facilities: poles, wires, cables, conduits, laterals, vaults, pipes, mains, and valves" [SR] (UNCL). Miscellaneous Uses Division. 15. "Fences and walls" [SR] (UNCL). 16. "Loading facilities" [SR] (UNCL), exclusively "accessory" [SR], subject to the provisions of Chapter 19.47, Off Street Loading. 17. "Parking lots" [SR] (UNCL), exclusively "accessory" [SR] to a use allowed in this PCF zoning district, subject to the provisions of Chapter 19.45, Off Street Parking. 18. "Parking structures" [SR] (UNCL), exclusively "accessory" [SR] to a use allowed in this PCF zoning district, subject to the provisions of Chapter 19.45, Off Street Parking. 19. "Refuse collection area" [SR]. 20. "Storage Tanks" [SR] (UNCL). 21. "Signs" [SR] (UNCL), subject to the provisions of Chapter 19.50, Signs. 22. "Temporary uses" [SR] (UNCL). 23. "Accessory structures" [SR] (UNCL) to the permitted uses allowed in this PCF Community Facility District, subject to the provisions of Section 19.12.500, Accessory Structures and Buildings. MARCH 8, 2006 VOLUME LXXI 132 24. "Accessory uses" [SR] (UNCL) to the permitted uses allowed in this PCF Community Facility District, subject to the provisions of Section 19.10.400, Component Land Uses. Conditional Uses. The following enumerated land uses shall be the only land uses allowed as a conditional use in this PCF Community Facility District: Services Division. 1. Arenas, sports fields, and stadiums (UNCL). 2. Child day care services (835). 3. "Institutional child day care services" [SR] (8351). 4. Job training and vocational rehabilitation service. 5. Social services not elsewhere classified (839). 6. Sporting and recreational camps (7032). Mining Division. 7. "Temporary mining" [SR] (UNCL). Transportation, Communication and Utilities Division. 8. "Conditional commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL). 9. "Conditional Commercial Antenna Tower" [SR] (UNCL). 10. Electric power generation (UNCL). 11. Local and suburban passenger transportation operators (411). 12. Local and suburban transit and interurban highway passenger transportation facilities for passenger boarding (417). 13. "Other radio and television antennas" [SR] (UNCL). 14. "Other satellite dish antennas" [SR] (UNCL). 15. Pipelines, except natural gas (461). 16. Refuse systems (4953). 17. "Treatment, transmission, and distribution facilities: equipment, equipment buildings, towers, exchanges, substations, regulators" [SR] (UNCL). Miscellaneous Uses Division. 18. "Master signage plan" [SR], subject to the provisions of Chapter 19.50, Signs. 19. "Parking lots" [SR] (UNCL), subject to the provisions of Chapter 19.45, Off-Street Parking. 20. "Parking structures" [SR] (UNCL). 21. "Planned developments" [SR] on a "zoning lot" [SR] containing less than two acres of land, subject to the provisions of Chapter 19.60, Planned Developments. 22. "Accessory structures" [SR] (UNCL) to the conditional uses allowed in this PCF Community Facility District, subject to the provisions of Section 19.12.500, Accessory Structures and Buildings. 23. "Accessory uses" [SR] (UNCL) to the conditional uses allowed in this PCF Community Facility District, subject to the provisions of Section 19.10.400, Component Land Uses. VOLUME LXXI MARCH 8, 2006 133 G. Site Design. In this PCF zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.12, Site Design, of the Elgin Zoning Ordinance and in the Annexation Agreement. In this PMFR district, the use and development of land and structures shall be subject to the following conditions: a. Substantial conformance to the Concept Plan for HPI – Elgin, East Assemblage, prepared by JEN Land Design, Inc., dated June 15, 2004 (identified as sheet 1 of 7), and revised on August 20, 2004. b. Substantial conformance to the Preliminary PUD Plan for HPI – Elgin, East Assemblage, Sheets 2 through 7, prepared by JEN Land Design, Ltd., dated June 15, 2004, sheets 2 through 5 final revision date of September 10, 2004, and sheets 6 and 7 final revision date of December 1, 2004. c. Substantial conformance to the Preliminary Engineering Improvement Plans for HPI Elgin Assemblage – East, prepared by Cowhey Gudmonson Leder, Ltd., sheets 100, 200, 201, 202, 203, 204, and 205, dated June 11, 2004, and last revised on December 3, 2004, with modifications thereto in conformance with Exhibit G of the annexation agreement and the December 3, 2004, letter from Cowhey, Gudmonson, Leder, Ltd, regarding Preliminary Submittal Commentary. d. Substantial conformance to the Landscape Guidelines for the East Assemblage, the Entry Landscape Concept – Plan View, prepared by JEN Land Design, Inc., dated June 15, 2004, and revised on September 10, 2004. e. Substantial conformance to the Typical Buffer Section Residential Collector Road – East Assemblage, prepared by JEN Land Design, Inc., dated June 15, 2004, and revised on September 10, 2004. f. Substantial conformance to the Typical Buffer Section – East Assemblage (detailing a Kane County Historic Farm), prepared by JEN Land Design, Inc., dated June 15, 2004 and revised on September 10, 2004. g. Substantial conformance to the Neighborhoods 1, 3, &4/Timber Ridge & Wildwood West Landscape Buffer Section – East Assemblage, dated June 15, 2004, and revised on September 10, 2004. h. Substantial conformance to the Draft Declaration of Covenants, Conditions, and Restrictions for Homeowners Association, prepared by HPI – Elgin, L.L.C., and dated June 11, 2004, and revised on December 3, 2004. H. Off-street Parking. In this PCF zoning district, off street parking shall be subject to the provisions of Chapter 19.45, Off-street Parking, of the Elgin Municipal Code, 1976, as amended. I. Off-street Loading. In this PCF zoning district, off-street loading shall be subject to the provisions of Chapter 19.47, Off-street Loading of the Elgin Municipal Code, 1976, as amended. MARCH 8, 2006 VOLUME LXXI 134 J. Signs. In this PCF zoning district, signs shall be subject to the provisions of Chapter 19.50, Signs of the Elgin Municipal Code, 1976, as amended. K. Amendments. In this PCF zoning district, application for text and map amendments shall be subject to the provisions of Chapter 19.55, Amendments. A text and map amendment may be requested by an individual lot or property owner for a zoning lot without necessitating that all other property owners in this PCF zoning district authorize such an application. L. Planned Developments. In this PCF zoning district, the use and development of the land and structures shall be subject to the provisions of Chapter 19.60, Planned Developments of the Elgin Municipal Code, 1976, as amended. A conditional use for a planned development may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PCF zoning district and without necessitating that all other property owners in this PCF zoning district authorize such an application. M. Conditional Uses. In this PCF zoning district, application for conditional uses shall be subject to the provisions of Chapter 19.65 Conditional Uses of the Elgin Municipal Code, 1976, as amended. A conditional use may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PCF zoning district and without necessitating that all other property owners in this PCF zoning district authorize such an application. N. Variations. In this PCF zoning district, application for variation shall be subject to the provisions of Chapter 19.70, Variations of the Elgin Municipal Code, 1976, as amended. Any of the requirements of this ordinance may be varied by petition of a lot or property owner for a zoning lot without requiring an amendment to this PCF zoning district and without necessitating that all other property owners in this PCF zoning district authorize such an application. O. 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, and the provisions of the Annexation Agreement. P. 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. VOLUME LXXI MARCH 8, 2006 135 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. Q. Appeals. Any requirement, determination, or interpretation associated with the administration and enforcement of the provisions of this ordinance may be appealed subject to the provisions of Chapter 19.75, Appeals of the Elgin Municipal Code, 1976, as amended. Section 3. That this ordinance shall be full force and effect after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: March 8, 2006 Passed: March 8, 2006 Vote: Yeas: 7 Nays: 0 Recorded: March 9, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE G12-06 PASSED CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PNB PLANNED NEIGHBORHOOD BUSINESS DISTRICT (BIG TIMBER ROAD FRONTAGE) Councilmember Walters made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Ordinance No. G12-06 AN ORDINANCE CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PNB PLANNED NEIGHBORHOOD BUSINESS DISTRICT (Frontage along Big Timber Road) WHEREAS, the territory herein described has been annexed to the City of Elgin; and MARCH 8, 2006 VOLUME LXXI 136 WHEREAS, written application has been made to classify said territory to a PNB Planned Neighborhood Business District; and WHEREAS, after due notice in the manner provided by law the Planning and Development Commission conducted public hearings concerning said application and has submitted its written findings and recommendations; and WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Planning and Development Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 19.07, Section 19.07.600 entitled “Zoning District Map” of the Elgin Municipal Code, 1976, as amended, be and are hereby altered by including in the PNB Planned Neighborhood Business District, the following described property: The boundaries herein before laid out in the ‘Zoning District Map’, as amended, be and are hereby altered by including in the PNB Planned Neighborhood Business District, the following described property (parcel numbers as referenced are as indicated on the Preliminary Subdivision Plat): The area on the attached zoning map, prepared by JEN Land Design, Inc., and dated June 15, 2004, and last revised December 3, 2004, designated in the PNB Planned Neighborhood Business District and located within a portion of the property legally described as follows: TRACT E: THAT PART OF THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 42 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHWEST QUARTER; THENCE NORTH ALONG THE EAST LINE OF SAID QUARTER SECTION 172.15 FEET TO THE CENTERLINE OF BIG TIMBER ROAD; THENCE NORTH ALONG THE EAST LINE OF SAID QUARTER SECTION 1300 FEET; THENCE WEST ALONG A LINE FORMING AN ANGLE OF 89 DEGREES 57 MINUTES MEASURED CLOCKWISE FROM THE LAST DESCRIBED COURSE, 717.69 FEET FOR THE POINT OF BEGINNING; THENCE WEST ALONG THE EXTENSION OF THE LAST DESCRIBED COURSE 280 FEET; THENCE SOUTH ALONG A LINE FORMING AN ANGLE OF 90 DEGREES 03 MINUTES MEASURED CLOCKWISE FROM THE LAST DESCRIBED COURSE 456.17 FEET TO THE CENTERLINE OF SAID BIG TIMBER ROAD; THENCE SOUTHEASTERLY ALONG SAID CENTERLINE 1114.17 FEET TO THE CENTERLINE EXTENDED NORTHEASTERLY OF MCCORNACK ROAD; THENCE VOLUME LXXI MARCH 8, 2006 137 SOUTHWESTERLY ALONG THE EXTENSION OF THE CENTERLINE OF SAID MCCORNACK ROAD 512.4 FEET TO THE SOUTH LINEUP SAID SOUTHWEST QUARTER; THENCE WEST ALONG SAID SOUTH LINE 2081.5 FEET TO THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE NORTH ALONG THE WEST LINE OF SAID QUARTER SECTION 2642 FEET TO THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE EAST ALONG THE NORTH LINE OF SAID QUARTER SECTION 23 81.4 FEET TO A POINT 255.75 FEET WEST OF THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER; THENCE SOUTH PARALLEL WITH THE EAST LINE OF SAID QUARTER SECTION 72.5 FEET: THENCE SOUTHWESTERLY 1181.74 FEET TO THE POINT OF BEGINNING (EXCEPTING THEREFROM THAT PART DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID QUARTER SECTION; THENCE SOUTH 89 DEGREES 45 MINUTES 38 SECONDS WEST ALONG THE SOUTH LINE OF SAID QUARTER, 559.2 FEET TO THE CENTERLINE OF MCCORNACK ROAD PER DOCUMENT NO. 1850963 FOR THE PLACE OF BEGINNING: THENCE SOUTH 89 DEGREES 45 MINUTES 38 SECONDS WEST ALONG SAID SOUTH LINE 442.54 FEET; THENCE NORTH 14 DEGREES 22 MINUTES WEST PERPENDICULAR TO THE LAST DESCRIBED COURSE 313.33 FEET; THENCE NORTH 89 DEGREES 45 MINUTES 38 SECONDS EAST PERPENDICULAR TO THE LAST DESCRIBED COURSE 283.75 FEET; THENCE SOUTH 43 DEGREES 12 MINUTES 35 SECONDS EAST 144.21 FEET; THENCE SOUTH 28 DEGREES 17 MINUTES 37 SECONDS EAST 208.23 FEET TO THE CENTERLINE OF SAID MCCORNACK ROAD; THENCE SOUTH 54 DEGREES 07 MINUTES 38 SECONDS WEST ALONG SAID CENTERLINE 167.58 FEET TO THE PLACE OF BEGINNING); ALSO EXCEPTING THEREFROM THAT PART THEREOF DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHWEST QUARTER; THENCE SOUTH 89 DEGREES 45 MINUTES 38 SECONDS WEST ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER A DISTANCE OF 981.74 FEET; THENCE NORTH 00 DEGREES 14 MINUTES 22 SECONDS WEST PERPENDICULAR TO THE LAST DESCRIBED COURSE A DISTANCE OF 313.33 FEET FOR THE POINT OF BEGINNING; THENCE NORTH 89 DEGREES 45 MINUTES 38 SECONDS EAST PERPENDICULAR) TO THE LAST DESCRIBED COURSE A DISTANCE OF 283.75 FEET; THENCE SOUTH 43 DEGREES 12 MINUTES 35 SECONDS EAST A DISTANCE OF 144.21 FEET; THENCE SOUTH 58 DEGREES 17 MINUTES 37 SECONDS EAST A DISTANCE OF 208.23 FEET TO THE CENTERLINE OF MCCORNACK ROAD PER DEED RECORDED AS DOCUMENT NO. 1859063; THENCE NORTH 54 DEGREES 07 MINUTES 38 SECONDS EAST ALONG SAID CENTERLINE A DISTANCE OF 344.85 FEET TO THE CENTERLINE OF BIG TIMBER ROAD PER KANE COUNTY HIGHWAY DEPARTMENT MAP OF S.A. ROUTE 7 - ELGIN SHEET NO. 4; THENCE NORTH 49 DEGREES 03 MINUTES 06 SECONDS WEST ALONG SAID CENTERLINE A DISTANCE OF 65.67 MARCH 8, 2006 VOLUME LXXI 138 FEET; THENCE NORTHWESTERLY ALONG SAID CENTERLINE, BEING A CURVE TO THE LEFT, HAVING A RADIUS OF 28,647.80 FEET, TANGENT TO THE LAST DESCRIBED COURSE, AN ARC DISTANCE OF 658.92 FEET TO A LINE THAT BEARS NORTH 32 DEGREES 04 MINUTES 14 SECONDS EAST FROM THE POINT OF BEGINNING; THENCE SOUTH 32 DEGREES 04 MINUTES 14 SECONDS WEST ALONG SAID LINE A DISTANCE OF 540.29 FEET TO THE POINT OF BEGINNING (EXCEPTING THEREFROM THAT PART THEREOF LYING SOUTHWEST OF A LINE 300 FEET SOUTHWEST OF AND PARALLEL WITH THE SOUTHWEST LINE OF BIG TIMBER ROAD AND THAT PART LYING NORTHEAST OF THE NORTHEAST LINE OF SAID BIG TIMBER ROAD); IN THE TOWNSHIP OF RUTLAND, KANE COUNTY, ILLINOIS. Section 2. That the City Council of the City of Elgin hereby grants the PNB Planned Neighborhood Business District which shall be designed, developed, and operated subject to the following provisions: A. Purpose and Intent. The purpose and intent of this PNB zoning district is to provide planned commercial areas supplying daily convenience commodities and services to a neighborhood population, subject to the provisions of chapter 19.60 of the zoning ordinance. The scale of development of a PNB zoning district is limited by the applicable site design regulations due to its function and resulting close proximity to residences. A PNB zoning district is most similar to, but departs from the standard requirements of the NB 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, 1976, as amended. The exclusion of such symbol shall not exempt such word or phrase from the applicable supplementary regulation. C. General Provisions. In this PNB zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.05, General Provisions, of the Elgin Municipal Code, 1976, as amended. D. Zoning Districts - Generally. In this PNB zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.07, Zoning Districts, of the Elgin Municipal Code, 1976, as amended. E. Location and Size of District. This PNB zoning district should be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate PNB zoning district exclusive of rights-of-way, but including adjoining land or land directly opposite a right of way shall not be less than two acres. VOLUME LXXI MARCH 8, 2006 139 F. Land Use. In this PNB zoning district, the use of land and structures shall be subject to the provisions of Chapter 19.10, Land Use of the Elgin Municipal Code, 1976, as amended. The following enumerated “land uses” [SR] shall be the only land uses allowed as a “permitted use” [SR] in this PNB zoning district: Permitted Uses. The following enumerated land uses shall be the only land uses allowed as a permitted use in this PNB Planned Neighborhood Business District: 1. Residences Division: "Upper floor apartment dwellings" [SR] (UNCL). 2. Municipal Services Division: Public parks, recreation, open space (UNCL) on a "zoning lot" [SR] containing less than two (2) acres of land. 3. Offices Division: "Offices" [SR] (UNCL). 4. Finance, Insurance, and Real Estate Division: "Development sales offices" [SR] (UNCL). Finance, insurance, and real estate (H). 5. Services Division: Advertising (731). Automotive renting and leasing without drivers (751). Barbershops (724). Beauty shops (723). "Bed and breakfast inns" [SR] (7011). Carpet and upholstery cleaning agents without plants on the premises (7217). Coin-operated laundries and dry cleaning (7215). Commercial, economic, sociological and educational research (8732). Commercial, physical, and biological research (8731). Computer programming, data processing and other computer-related services (737). Computer rental and leasing (7377). Consumer credit reporting agencies, mercantile reporting agencies, and adjustment and collection agencies (732). Dance studios and schools (791). Detective and guard services (7381). Electrical and electronic repair shops (7629). Engineering, accounting, research, management and related services (87). Funeral service (726). Garment pressing, and agents for laundries and dry cleaners (7212). Home health care services (808). Laundry collecting and distributing outlets (7211). Legal services (811). Libraries (823). Mailing, reproduction, commercial art and photography, and stenographic services (733). Management and public relations services (874). MARCH 8, 2006 VOLUME LXXI 140 Medical and dental laboratories (807). Membership organizations (86). Membership sports and recreation clubs (7997). Miscellaneous personal services not elsewhere classified (7299). News syndicates (7383). Noncommercial research organizations (8733). Offices and clinics of dentists (802). Offices and clinics of doctors of medicine (801). Offices and clinics of doctors of osteopathy (803). Offices and clinics of other health practitioners (804). Other schools and educational services (829). Personnel supply services (736). Photofinishing laboratories (7384). Photographic studios, portrait (722). Physical fitness facilities (7991). Professional sports operators and promoters (7941). Radio and television repair shops (7622). Refrigerator and air-conditioning service and repair (7623). Reupholstery and furniture repair (764). Security systems services (7382). Shoe repair shops and shoeshine parlors (725). Tax return preparation services (7291). Videotape rental (784). Vocation schools (824). Watch, clock and jewelry repair (763). 6. Retail Trade Division: Apparel and accessory stores (56). Building materials, hardware and garden supply (52). Carryout restaurants (5812). Catalog and mail-order houses (5961). Direct selling establishments (5963). Drugstores and proprietary stores (591). Eating places (5812). Florists (5992). Food stores (54). General merchandise stores (53). Home furniture, furnishings and equipment stores (57). Miscellaneous retail stores not elsewhere classified (5999). Miscellaneous shopping goods stores (594). News dealers (5994). Optical goods stores (5995). Tobacco stores (5993). Used merchandise stores (593). 7. Agricultural Division: Farm labor and management services (076). VOLUME LXXI MARCH 8, 2006 141 Greenhouses for floral products, exclusively "accessory" [SR] to a use allowed in the zoning district (0181). Landscape counseling and planning (0781). 8. Construction Division: "Contractor's office and equipment areas" [SR] (UNCL). 9. Manufacturing Division: Commercial printing occupying less than five thousand (5,000) square feet of gross floor area (2752). 10. Transportation, Communication And Utilities Division: "Amateur radio antennas" [SR] (UNCL). Arrangement of passenger transportation (472). Arrangement of transportation of freight and cargo (473). Branch United States post offices (4311). Bus charter service operators' offices (414). Cable and other pay television services (484). "Commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL). Communication services not elsewhere classified (489). Intercity and rural bus transportation operators' offices (413). Local and suburban passenger transportation operators' offices (411). "Radio and television antennas" [SR] (UNCL). Radio and television broadcasting stations (483). Railroad operators' offices (401). "Satellite dish antennas" [SR] (UNCL). School bus operators' offices (415). Taxicab operators' offices (412). Telegraph and other message communications (482). Telephone communications (481). "Treatment, transmission, and distribution facilities: poles, wires, cables, conduits, laterals, vaults, pipes, mains, and valves" [SR] (UNCL). 11. Miscellaneous Uses Division: "Accessory structures" [SR] (UNCL) to the permitted uses allowed in this PNB Neighborhood Business District, subject to the provisions of Section 19.12.500 of this Title. "Accessory uses" [SR] (UNCL) to the permitted uses allowed in this PNB Neighborhood Business District, subject to the provisions of Section 19.10.400 of this Title. "Fences and walls" [SR] (UNCL). "Loading facilities" [SR] (UNCL), exclusively "accessory" [SR] to a permitted use allowed in this PNB Neighborhood Business District, subject to the provisions of Chapter 19.47 of this Title. "Outdoor display areas" [SR] (UNCL). "Parking lots" [SR] (UNCL), exclusively as an "accessory use" [SR] to a permitted use allowed in this PNB Neighborhood Business District, subject to the provisions of Chapter 19.45 of this Title. "Refuse collection area" [SR]. MARCH 8, 2006 VOLUME LXXI 142 "Signs" [SR] (UNCL), subject to the provisions of Chapter 19.50 of this Title. "Temporary uses" [SR] (UNCL). Conditional Uses: The following enumerated land uses shall be the only land uses allowed as a conditional use in this PNB Neighborhood Business District: 1. Municipal Services Division: "Municipal facilities" [SR] on a zoning lot [SR] containing less than two (2) acres of land. 2. Public Administration Division: Public administration (J) on a zoning lot containing less than two (2) acres of land. 3. Finance, Insurance, and Real Estate Division: Check-cashing agencies (6099). 4. Services Division: Billiard parlors (7999). Bingo parlors (7999). "Car washes" [SR] (7542). Child daycare services (835). Coin-operated amusement establishments (7993). Fortunetellers (7999). Home child daycare services [SR] (8351). Individual and family social services (832). Job training and vocational rehabilitation services (833). Massage parlors (7299). "Motor vehicle repair shops" [SR] (753). "Motor vehicle top, body, and upholstery repair, and paint shops" [SR] (7532). Pool parlors (7999). Steam baths (7299). Tattoo parlors (7299). Turkish baths (7299). 5. Retail Trade Division: Convenience food stores, operated on a twenty four (24) hour basis (5411). Drinking places (alcoholic beverages) (5813). Drive-in restaurants (5812). Firearms sales (5941). Motor vehicle dealers (55). "Motor vehicle service stations" [SR] (554). "Outdoor eating and drinking facilities" [SR] (5813). "Package liquor sales establishments" [SR] (5921). 6. Agricultural Division: Dog grooming (0752). Veterinary services for household pets (0742). 7. Mining Division: VOLUME LXXI MARCH 8, 2006 143 "Temporary mining" [SR] (UNCL). 8. Transportation, Communication and Utilities Division: "Conditional commercial antenna tower" [SR] (UNCL). "Conditional commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL). Courier services (4215). "Other radio and television antennas" [SR] (UNCL). "Other satellite dish antennas" [SR] (UNCL). Pipelines, except natural gas (461). Railroad tracks (401). "Treatment, transmission and distribution facilities: equipment, equipment buildings, towers, exchanges, substations, regulators" [SR] (UNCL). 9. Miscellaneous Uses Division: "Accessory package liquor sales establishment" [SR] (UNCL). "Accessory structures" [SR] (UNCL) to the conditional uses allowed in this PNB Neighborhood Business District, subject to the provisions of Section 19.12.500 of this Title. "Accessory uses" [SR] (UNCL) to the conditional uses allowed in this PNB Neighborhood Business District, subject to the provisions of Section 19.10.400 of this Title. "Drive-through facilities" [SR] (UNCL), subject to the provisions of Chapter 19.45 of this Title. "Master signage plan" [SR], subject to the provisions of Chapter 19.50 of this Title. "Planned developments" [SR] (UNCL) on a zoning lot containing less than two (2) acres of land, subject to the provisions of Chapter 19.60 of this Title. Similar Uses: The following enumerated land uses shall be subject to classification as a permitted use or as a conditional use in the NB Neighborhood Business District or in a less restrictive zoning district, pursuant to subsection 19.10.400H of this Title: 1. Services Division: Amusement and recreational services, not elsewhere classified (7999). Business services not elsewhere classified (7389). Laundry and garment services not elsewhere classified (7219). Miscellaneous health and allied services not elsewhere classified (809). Miscellaneous personal services not elsewhere classified (7299). Miscellaneous repair shops and related services (769). Services not elsewhere classified (899). Social services not elsewhere classified (839). 2. Transportation, Communication, And Utilities Division: Transportation services not elsewhere classified (4789). MARCH 8, 2006 VOLUME LXXI 144 G. Site Design. In this PNB zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.12, Site Design, of the Elgin Zoning Ordinance and Chapter 19.60, Planned Developments, of the Elgin Municipal Code, 1976, as amended, and as provided in this ordinance. Prior to the development of the subject property the owner of the subject property shall be required to submit a development plan to the city for a public hearing and City Council approval pursuant to the provisions of Chapter 19.60, Planned Developments, of the Elgin Municipal Code, 1976, as amended. H. Off-street Parking. In this PNB zoning district, off street parking shall be subject to the provisions of Chapter 19.45, Off-street Parking, of the Elgin Municipal Code, 1976, as amended. I. Off-street Loading. In this PNB zoning district, off-street loading shall be subject to the provisions of Chapter 19.47, Off-street Loading of the Elgin Municipal Code, 1976, as amended. J. Signs. In this PNB zoning district, signs shall be subject to the provisions of Chapter 19.50, Signs of the Elgin Municipal Code, 1976, as amended. K. Amendments. In this PNB zoning district, application for text and map amendments shall be subject to the provisions of Chapter 19.55, Amendments. A text and map amendment may be requested by an individual lot or property owner for a zoning lot without necessitating that all other property owners in this PNB zoning district authorize such an application. L. Planned Developments. In this PNB zoning district, the use and development of the land and structures shall be subject to the provisions of Chapter 19.60, Planned Developments of the Elgin Municipal Code, 1976, as amended. A conditional use for a planned development may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PNB zoning district and without necessitating that all other property owners in this PNB zoning district authorize such an application. M. Conditional Uses. In this PNB zoning district, application for conditional uses shall be subject to the provisions of Chapter 19.65 Conditional Uses of the Elgin Municipal Code, 1976, as amended. A conditional use may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PNB zoning district and without necessitating that all other property owners in this PNB zoning district authorize such an application. N. Variations. In this PNB zoning district, application for variation shall be subject to the provisions of Chapter 19.70, Variations of the Elgin Municipal Code, 1976, as amended. Any of the requirements of this ordinance may be varied by petition of a lot or property owner for a zoning lot without requiring an amendment to this VOLUME LXXI MARCH 8, 2006 145 PNB zoning district and without necessitating that all other property owners in this PNB zoning district authorize such an application. O. 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, and the provisions of the Annexation Agreement. P. 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. Q. Appeals. Any requirement, determination, or interpretation associated with the administration and enforcement of the provisions of this ordinance may be appealed subject to the provisions of Chapter 19.75, Appeals of the Elgin Municipal Code, 1976, as amended. Section 3. That this ordinance shall be full force and effect after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: March 8, 2006 Passed: March 8, 2006 Vote: Yeas: 7 Nays: 0 Recorded: March 9, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk MARCH 8, 2006 VOLUME LXXI 146 ORDINANCE S4-06 PASSED ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN (RANDALL POINT BUSINESS PARK) Councilmember Figueroa made a motion, seconded by Councilmember Walters, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Ordinance No. S4-06 AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN (Randall Point Business Park) WHEREAS, a petition signed by all the owners of record of certain territory has been filed with the City Clerk requesting annexation of said territory to the City of Elgin, Illinois; and WHEREAS, said petition includes therein a statement under oath by all the owners of record that no electors reside on the subject territory; and WHEREAS, said territory is contiguous to the City of Elgin and is not within the corporate limits of any municipality; and WHEREAS, legal notices of the intent of the City of Elgin to annex said territory have been forwarded to all public bodies required to receive said notice in the manner provided by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the territory and lands described as follows be and are annexed to and made a part of the City of Elgin and the boundaries of the City of Elgin be and are hereby enlarged and extended to include in the corporate boundaries of the City of Elgin said territory: Parcel One: The East Half of the West Half of the Southwest Quarter of Section 31, Township 42 North, Range 8 East of the Third Principal Meridian, lying South of the Center Line of Big Timber Road, in the Township of Dundee, Kane County, Illinois, excepting therefrom that part of the East Half of the West Half of the Southwest Quarter of Section 31, Township 42 North, Range 8 East of the Third Principal Meridian, lying South of the center line of Big Timber Road and lying North of a straight line bounded on the East by a point 300.0 feet South as measured on the East line of said East half of the West half of the Southwest Quarter and bounded on the West by a point 300.0 feet South as measured on the West line of said East half of the West half of the Southwest Quarter, in the Township of Dundee, Kane County, Illinois VOLUME LXXI MARCH 8, 2006 147 Parcel Two: That part of Fractional Section 5, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Beginning at a point on the North line of said Section, 1.87 chains East of the Northeast corner of the West half of the Northeast Fractional Quarter of said section; thence West on the North line of said Section to a point 505 feet West from the Southeast corner of the West half of the West half of the Southwest Quarter of Section 31, Township 42 North Range 8 East of the Third Principal Meridian; thence South at right angles to said North line of said Section 5, 774 feet; thence South 86 degrees 50 minutes West to the Easterly line of the right of way of the Chicago and Northwestern Railway Company; thence Southeasterly along said Easterly right of way line to the Northerly right of way of the Chicago, Milwaukee and St. Paul Railway Company; thence Easterly along the Northerly right of way line to the East line of the Southwest Quarter of said section; thence North along said East line to the center of said section; thence East along the center line of said section to the Southeast corner of the West half of the Northeast Fractional Quarter of said section; thence Northerly to the point of beginning; in the Township of Elgin, Kane County, Illinois, except that part conveyed to the Northern Illinois Gas Company by warranty deed Document 1068124, recorded April 26, 1966. Parcel Three: That part of the East half of the Southwest Quarter and part of the Southeast Quarter of Section 31, Township 42 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the Northwest corner of the Southwest Quarter of the Southeast Quarter of said Section 31; thence North along the East line of the Southwest Quarter of said Section 255.29 feet; thence West parallel with the South line of said Section 200 feet; thence South parallel with the East line of the Southwest Quarter, 498.86 feet to the center line of Big Timber Road; thence Southeasterly along said center line, 386.97 feet; thence continuing a long said center line, 32.6 feet for the point of beginning; thence South 19 degrees 0 minutes West, 899.01 feet to a point on the South line of the Southwest Quarter of Section 31; thence West along said South line, 1213.08 feet to the West line of the East half of said Southwest Quarter; thence North along said West line to a point 569.40 feet South of the center line of Big Timber Road; thence Easterly at right angles to said West line, 549.88 feet; thence North parallel with the West line of said East Half, 228.46 feet to the center line of Big Timber Road; thence Southerly along said center line to the point of beginning, all in Township of Dundee, Kane County, Illinois. EXCLUDING THEREFROM the following: That part of the South half of the South half of Section 31, Township 42 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at a point on the South line of the Southeast Quarter of the Southwest Quarter said Section 31 (being a point on the town line between Elgin and Dundee Townships) 1180.08 feet East from the Southwest corner of said Southeast Quarter of the Southwest Quarter of said Section 31 thereof, for a point of beginning; thence West along the South line of the Southeast Quarter of the Southwest Quarter, a distance of 80.12 feet; thence North along a line parallel with the East line of the Southwest Quarter of said Section 31, a distance of 1106.75 feet to the center line of Big Timber Road (as MARCH 8, 2006 VOLUME LXXI 148 now constructed); thence Southeasterly along the said center line of Big Timber Road, a distance of 423.75 feet; thence South 18-1/4 degrees West, a distance of 917.45 feet; more or less, to the point of beginning, in Dundee Township, Kane County, Illinois and ALSO EXCLUDING THEREFROM that part of the Southwest Quarter of Section 31, Township 42 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the Southwest corner of the Southeast Quarter of the Southwest Quarter of said Section 31; thence Easterly along the South line of said Southeast Quarter of the Southwest Quarter a distance of 1089.96 feet to the place of beginning; thence continuing Easterly along said South line a distance of 10.0 feet; thence Northerly along a line parallel with the East line of the Southwest Quarter of said Section 31 a distance of 1106.75 feet to the center line of Big Timber Road; thence Northwesterly along said center line a distance of 11.92 feet; thence Southerly along a line parallel with the East line of the Southwest Quarter of said Section 31 to the point of beginning. Also excepting therefrom that part of the East half of the Southwest Quarter of Section 31, Township 42 North, Range 8 East of the Third Principal Meridian, lying South of the center line of Big Timber Road, lying North of a straight line bounded on the East by a point 300.0 feet South as measured on a line 1089.96 feet East of the Southwest corner of said East half of the Southwest Quarter and parallel with the East line of said East half of the Southwest Quarter and bounded on the West by a point 300.0 feet South as measured on the East line of Lot 2 in Schick's Subdivision and the Southerly extension thereof, in the Township of Dundee, Kane County, Illinois Section 2. That a certified copy of this ordinance together with an accurate map of said territories shall be filed with the Recorder of Deeds, Kane County, Illinois. Section 3. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: March 8, 2006 Passed: March 8, 2006 Vote: Yeas: 7 Nays: 0 Recorded: March 9, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk VOLUME LXXI MARCH 8, 2006 149 ORDINANCE G13-06 PASSED CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PGI PLANNED GENERAL INDUSTRIAL DISTRICT (2675 BIG TIMBER ROAD) Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Ordinance No. G13-06 AN ORDINANCE CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PGI PLANNED GENERAL INDUSTRIAL DISTRICT (2675 Big Timber Road) WHEREAS, the territory herein described has been annexed to the City of Elgin; and WHEREAS, written application has been made to classify said territory to a PGI Planned General Industrial District; and WHEREAS, after due notice in the manner provided by law the Planning and Development Commission conducted public hearings concerning said applications and has submitted its written findings and recommendations; and WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Planning and Development Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated September 6, 2005 made by the Planning and Development Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. 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 paragraph: “The boundaries herein before 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: Parcel One: The East Half of the West Half of the Southwest Quarter of Section 31, Township 42 North, Range 8 East of the Third Principal Meridian, lying South of the Center Line of Big Timber Road, in the Township of Dundee, Kane County, Illinois, excepting therefrom that part of the East Half of the West Half of the Southwest Quarter of Section 31, Township 42 North, Range 8 East of the MARCH 8, 2006 VOLUME LXXI 150 Third Principal Meridian, lying South of the center line of Big Timber Road and lying North of a straight line bounded on the East by a point 300.0 feet South as measured on the East line of said East half of the West half of the Southwest Quarter and bounded on the West by a point 300.0 feet South as measured on the West line of said East half of the West half of the Southwest Quarter, in the Township of Dundee, Kane County, Illinois Parcel Two: That part of Fractional Section 5, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Beginning at a point on the North line of said Section, 1.87 chains East of the Northeast corner of the West half of the Northeast Fractional Quarter of said section; thence West on the North line of said Section to a point 505 feet West from the Southeast corner of the West half of the West half of the Southwest Quarter of Section 31, Township 42 North Range 8 East of the Third Principal Meridian; thence South at right angles to said North line of said Section 5, 774 feet; thence South 86 degrees 50 minutes West to the Easterly line of the right of way of the Chicago and Northwestern Railway Company; thence Southeasterly along said Easterly right of way line to the Northerly right of way of the Chicago, Milwaukee and St. Paul Railway Company; thence Easterly along the Northerly right of way line to the East line of the Southwest Quarter of said section; thence North along said East line to the center of said section; thence East along the center line of said section to the Southeast corner of the West half of the Northeast Fractional Quarter of said section; thence Northerly to the point of beginning; in the Township of Elgin, Kane County, Illinois, except that part conveyed to the Northern Illinois Gas Company by warranty deed Document 1068124, recorded April 26, 1966. Parcel Three: That part of the East half of the Southwest Quarter and part of the Southeast Quarter of Section 31, Township 42 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the Northwest corner of the Southwest Quarter of the Southeast Quarter of said Section 31; thence North along the East line of the Southwest Quarter of said Section 255.29 feet; thence West parallel with the South line of said Section 200 feet; thence South parallel with the East line of the Southwest Quarter, 498.86 feet to the center line of Big Timber Road; thence Southeasterly along said center line, 386.97 feet; thence continuing a long said center line, 32.6 feet for the point of beginning; thence South 19 degrees 0 minutes West, 899.01 feet to a point on the South line of the Southwest Quarter of Section 31; thence West along said South line, 1213.08 feet to the West line of the East half of said Southwest Quarter; thence North along said West line to a point 569.40 feet South of the center line of Big Timber Road; thence Easterly at right angles to said West line, 549.88 feet; thence North parallel with the West line of said East Half, 228.46 feet to the center line of Big Timber Road; thence Southerly along said center line to the point of beginning, all in Township of Dundee, Kane County, Illinois. EXCLUDING THEREFROM the following: That part of the South half of the South half of Section 31, Township 42 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at a point on the South line of the Southeast VOLUME LXXI MARCH 8, 2006 151 Quarter of the Southwest Quarter said Section 31 (being a point on the town line between Elgin and Dundee Townships) 1180.08 feet East from the Southwest corner of said Southeast Quarter of the Southwest Quarter of said Section 31 thereof, for a point of beginning; thence West along the South line of the Southeast Quarter of the Southwest Quarter, a distance of 80.12 feet; thence North along a line parallel with the East line of the Southwest Quarter of said Section 31, a distance of 1106.75 feet to the center line of Big Timber Road (as now constructed); thence Southeasterly along the said center line of Big Timber Road, a distance of 423.75 feet; thence South 18-1/4 degrees West, a distance of 917.45 feet; more or less, to the point of beginning, in Dundee Township, Kane County, Illinois and ALSO EXCLUDING THEREFROM that part of the Southwest Quarter of Section 31, Township 42 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the Southwest corner of the Southeast Quarter of the Southwest Quarter of said Section 31; thence Easterly along the South line of said Southeast Quarter of the Southwest Quarter a distance of 1089.96 feet to the place of beginning; thence continuing Easterly along said South line a distance of 10.0 feet; thence Northerly along a line parallel with the East line of the Southwest Quarter of said Section 31 a distance of 1106.75 feet to the center line of Big Timber Road; thence Northwesterly along said center line a distance of 11.92 feet; thence Southerly along a line parallel with the East line of the Southwest Quarter of said Section 31 to the point of beginning. Also excepting therefrom that part of the East half of the Southwest Quarter of Section 31, Township 42 North, Range 8 East of the Third Principal Meridian, lying South of the center line of Big Timber Road, lying North of a straight line bounded on the East by a point 300.0 feet South as measured on a line 1089.96 feet East of the Southwest corner of said East half of the Southwest Quarter and parallel with the East line of said East half of the Southwest Quarter and bounded on the West by a point 300.0 feet South as measured on the East line of Lot 2 in Schick's Subdivision and the Southerly extension thereof, in the Township of Dundee, Kane County, Illinois Section 3. That the City Council of the City of Elgin hereby grants the PGI Planned General Industrial District which shall be designed, developed, and operated subject to the following provisions: A. Purpose and Intent. The purpose and intent of this PGI Planned General Industrial District is to provide an alternate planned industrial environment for those industrial uses that do not require the location or environment of an ORI Zoning District. A PGI Zoning District is most similar to, but departs from the standard requirements of, the GI General Industrial Multiple 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, 1976, as amended. The exclusion of such symbol MARCH 8, 2006 VOLUME LXXI 152 shall not exempt such word or phrase from the applicable supplementary regulation. C. General Provisions. In this PGI Zoning District, the use and development of land and structures shall be subject to the provisions of Chapter 19.05, General Provisions, of the Elgin Municipal Code, 1976, as amended. D. Zoning Districts -Generally. In this PGI Zoning District, the use and development of land and structures shall be subject to the provisions of Chapter 19.07, Zoning Districts, of the Elgin Municipal Code, 1976, as amended. E. Location and Size of District. This PGI Zoning District should be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate PGI zoning district exclusive of rights-of-way, but including adjoining land or land directly opposite a right-of-way shall not be less than two acres. F. Land Use. In this PGI Zoning District, the use of land and structures shall be subject to the provisions of Chapter 19.10, Land Use, of the Elgin Municipal Code, 1976, as amended. The following enumerated “land uses” [SR] shall be the only land uses allowed as a “permitted use” [SR] in this PGI District: 1. Municipal Services Division: Public parks, recreation, open space (UNCL) on a "zoning lot" [SR] containing less than two (2) acres of land. 2. Offices Division: "Offices" [SR] (UNCL). 3. Finance, Insurance, And Real Estate Division: "Development sales offices" [SR] (UNCL). Finance, insurance and real estate (H). 4. Services Division: Advertising (731). Armored car service (7381). "Bed and breakfast inns" [SR] (7011). Carpet and upholstery cleaning agents without plants on the premises (7217). Carpet or rug cleaning, dying, and/or repairing plants (7217). Commercial, economic, sociological, and educational research (8732). Commercial physical and biological research (8731). Computer programming, data processing, and other computer-related services (737). Computer rental and leasing (7377). Consumer credit reporting agencies, mercantile reporting agencies, and adjustment and collection agencies (732). Detective and guard services (7381). Dry-cleaning plants (7216). VOLUME LXXI MARCH 8, 2006 153 Electrical and electronic repair shops (7622). Engineering, accounting, research, management, and related services (87). Home health care services (808). "Hotels and motels" [SR] (701). Industrial launderers (7218). Job training and vocational rehabilitation services (833). Legal services (811). Libraries (823). Linen supply (7213). Mailing, reproduction, commercial art and photography, and stenographic services (733). Management and public relations services (874). Medical and dental laboratories (807). Membership organizations (86). Miscellaneous equipment rental and leasing (735). Motion picture distribution and allied services (782). Motion picture production and allied services (781). Motor vehicle repair shops [SR] (753). Motor vehicle top, body and upholstery repair shops, and paint shops [SR] (7532). News syndicates (7383). Noncommercial research organizations (8733). Offices and clinics of dentists (802). Offices and clinics of doctors of medicine (801). Offices and clinics of doctors of osteopathy (803). Offices and clinics of other health practitioners (804). Other schools and educational services (829). Outdoor advertising services (7312). Personnel supply services (736). Photofinishing laboratories (7384). Physical fitness facilities (7991). Power laundries (7211). Professional sports operators and promoters (7941). Refrigerator and air-conditioning service and repair (7623). Rental of dogs for protective service (7381). Reupholstery and furniture repair (764). Security systems services (7382). Services to dwellings and other buildings (734). Tax return preparation services (7291). Testing laboratories (8734). Theatrical producers (792). Truck route laundry and dry cleaning not operated by laundries or cleaners (7212). Vocational schools (824). Watch, clock, and jewelry repair (763). Welding repair (7692). MARCH 8, 2006 VOLUME LXXI 154 5. Retail Trade Division: Auction rooms (5999). Automatic merchandising machine operators (5962). Catalog and mail-order houses (5961). Direct selling establishments (5963). 6. Agricultural Division: Crop services (072). Farm labor and management services (076). Landscape counseling and planning (0781). Lawn and garden services (0782). Ornamental shrub and tree services (0783). Soil preparation services (071). 7. Construction Division: Building construction - general contractors and operative builders (15). Construction - special trade contractors (17). "Contractor's office and equipment areas" [SR] (UNCL). Heavy construction - contractors (16). 8. Manufacturing Division: Apparel and other finished products made from fabrics and similar materials (23). Computer and office equipment (357). Electronic and other electrical equipment and components (36). Fabricated metal products (34). Furniture and fixtures (25). Industrial and commercial machinery and equipment (35). Leather and leather products (31). Lumber and wood products (24). Measuring, analyzing, and controlling instruments; photographic, medical, and optical goods; and watches and clocks (38). Primary metal industries (33). Printing, publishing, and allied industries (27). Rubber and miscellaneous plastics products (30). Stone, clay, glass and concrete products (32). Textile mill products (22). Tobacco products (21). Transportation equipment (37). 9. Wholesale Trade Division: Apparel piece goods and notions (513). Beer, wine and distilled alcoholic beverages (518). Chemicals and allied products (516). Drugs, drug proprietaries and druggists' sundries (512). Electrical goods (506). Farm product raw materials (515). Furniture and home furnishings (502). Groceries and related products (514). Hardware, and plumbing and heating equipment and supplies (507). VOLUME LXXI MARCH 8, 2006 155 Lumber and other construction materials (503). Machinery, equipment, and supplies (508). Metals and minerals, except petroleum (505). Motor vehicles and motor vehicle parts and supplies (501). Paper and paper products (511). Petroleum and petroleum products (517). Professional and commercial equipment and supplies (504). "Recycling collection center" [SR] (5093). 10. Transportation, Communication And Utilities Division: "Amateur radio antennas" [SR] (UNCL). Arrangement of passenger transportation (472). Arrangement of transportation of freight and cargo (473). Branch United States post offices (4311). Bus charter service operators offices (414). Cable and other pay television services (484). "Commercial antenna tower" [SR] (UNCL). "Commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL). Communication services not elsewhere classified (489). Courier services (4215). Freight forwarding in general (4731). Intercity and rural bus transportation operators' offices (413). Local and suburban passenger transportation operators' offices (411). Natural gas transmission and distribution (4922) (4924). Packing and crating (474). Public warehousing and storage (422), also including so-called “mini- warehousing”. “Radio and television antennas” [SR] (UNCL). Radio and television broadcasting stations (483). Railroad operators' offices (401). "Satellite dish antennas" [SR] (UNCL). School bus operators' offices (415). Taxicab operators' offices (412). Telegraph and other message communications (482). Telephone communications (481). "Treatment, transmission and distribution facilities: poles, wires, cables, conduits, laterals, vaults, pipes, mains and valves" [SR] (UNCL). Trucking services (421). 11. Miscellaneous Uses Division: "Accessory structures" [SR] (UNCL) to the permitted uses allowed in the PGI Planned General Industrial District, subject to the provisions of Section 19.12.500 of the Elgin Municipal Code. "Accessory uses" [SR] (UNCL) to the permitted uses allowed in the PGI- Planned General Industrial District to the provisions of Section 19.10.400 of the Elgin Municipal Code. "Commercial operations yards" [SR] (UNCL). MARCH 8, 2006 VOLUME LXXI 156 "Fences and walls" [SR] (UNCL). "Loading facilities" [SR] (UNCL), exclusively "accessory" [SR] to a permitted use allowed in the PGI Planned General Industrial District, subject to the provisions of Chapter 19.47 of the Elgin Municipal Code. "Motor vehicle impoundment yard" [SR] (UNCL). "Parking lots" [SR] (UNCL), exclusively "accessory" [SR] to a permitted use allowed in the PGI Planned General Industrial District, subject to the provisions of Chapter 19.45 of the Elgin Municipal Code. "Parking structures" [SR] (UNCL), exclusively "accessory" [SR] to a permitted use allowed in the PGI Planned General Industrial District, subject to the provisions of Chapter 19.45 of the Elgin Municipal Code. "Refuse collection area" [SR]. "Signs" [SR] (UNCL), subject to the provisions of Chapter 19.50 of the Elgin Municipal Code. "Storage tanks" [SR] (UNCL). Temporary modular buildings not requiring the installation of municipal water and sanitary sewer services. "Temporary uses" [SR] (UNCL). The following enumerated “land uses” [SR] shall be the only land uses allowed as a “conditional use” [SR] in this PGI District: 1. Municipal Services Division: "Municipal facilities" [SR] (UNCL) on a zoning lot containing less than two (2) acres of land. 2. Public Administration Division: Public administration (J) on a zoning lot containing less than two (2) acres of land. 3. Services Division: Automobile proving and testing grounds (8734). Child daycare services (835). Individual and family social services (832). 4. Retail Trade Division: Carryout restaurants (5812). Drinking places (alcoholic beverages) (5813). Eating places (5812). "Outdoor eating and drinking facilities" [SR] (UNCL). 5. Mining Division: "Temporary mining" [SR] (UNCL). 6. Manufacturing Division: Chemicals and allied products (28). Food and kindred products (20). Paper and allied products (26). Petroleum refining and related industries (29). 7. Wholesale Trade Division: "Motor vehicle recycling facility" [SR] (5093). "Motor vehicle recycling yard" [SR] (5093). VOLUME LXXI MARCH 8, 2006 157 "Recycling center" [SR] (5093). "Recycling center yard" [SR] (5093). 8. Transportation, Communication And Utilities Division: "Conditional commercial antenna tower" [SR] (UNCL). "Conditional commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL). Heliports (458). Mixed, manufactured or liquefied petroleum gas production or distribution (4925). Natural gas storage. "Other radio and television antennas" [SR] (UNCL). "Other satellite dish antennas" [SR] (UNCL). Pipelines, except natural gas (461). Railroad tracks (401). Refuse systems (4953). Terminal maintenance for motor freight transportation (423). "Treatment, transmission and distribution facilities: equipment, equipment buildings, towers, exchanges, substations, regulators" [SR] (UNCL). Water transportation (44). 9. Miscellaneous Uses Division: "Accessory package liquor sales establishment" [SR] (UNCL). "Accessory structures" [SR] (UNCL) to the conditional uses allowed in the PGI Planned General Industrial District, subject to the provisions of Section 19.12.500 of the Elgin Municipal Code. "Accessory uses" [SR] (UNCL) to the conditional uses allowed in the PGI Planned General Industrial District, subject to the provisions of Section 19.10.400 of the Elgin Municipal Code. "Master signage plan" [SR], subject to the provisions of Chapter 19.50 of the Elgin Municipal Code. "Parking lots" [SR] (UNCL), subject to the provisions of Chapter 19.45 of the Elgin Municipal Code. "Parking structures" [SR], subject to the provisions of Chapter 19.45 of the Elgin Municipal Code. "Planned developments" [SR] (UNCL) on a zoning lot containing less than two (2) acres of land, subject to the provisions of Chapter 19.60 of the Elgin Municipal Code. Similar Uses: The following enumerated land uses shall be subject to classification as a permitted use or as a conditional use in the PGI Planned General Industrial District or in a less restrictive zoning district, pursuant to subsection 19.10.400H of the Elgin Municipal Code: 1. Services Division: Automotive services (7549). Business services not elsewhere classified (7389). Laundry and garment services not elsewhere classified (7219). Miscellaneous health and allied services not elsewhere classified (809). MARCH 8, 2006 VOLUME LXXI 158 Miscellaneous personal services not elsewhere classified (7299). Miscellaneous repair shops and related services (769). Services not elsewhere classified (899). Social services not elsewhere classified (839). 2. Manufacturing Division: Miscellaneous manufacturing industries (39). 3. Wholesale Trade Division: Miscellaneous durable goods (509). Miscellaneous nondurable goods (519). 4. Transportation, Communication And Utilities Division: Special warehousing and storage not elsewhere classified (4226). Transportation services not elsewhere classified (4789). G. Site Design. In this PGI zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.12, Site Design, of the Elgin Zoning Ordinance. In this PGI Planned General Industrial District, the use and development of land and structures, and the location of land uses shall be subject to the following conditions: 1. General Conditions. The following general conditions shall apply to the development of land and structures within this PGI zoning district: a. Substantial conformance to the Preliminary Plat for Randall Pointe Business Park, prepared by Jacob and Heffner Associates, P.C., dated July 8, 2005, with a final revision date of September 26, 2005. b. Substantial conformance to the Master Site Plan for Randall Point Business Park, prepared by Pancor Construction and Development, dated June 10, 2005, with a final revision date of August 1, 2005. c. Substantial conformance to the Preliminary Engineering Plan for Randall Pointe Business Park, prepared by Jacob and Heffner Associates, P.C., dated July 8, 2005 with a final revision date of September 27, 2005. d. Substantial Conformance to the landscape plan prepared by Monarch Nurseries, dated July 31, 2005, with a final revision date of August 9, 2005. 2. Zoning Lots - Generally. In this PGI zoning district, "zoning lots" [SR] shall be subject to the provisions of Section 19.12.300, Zoning Lots - Clarifications and Exceptions. More than one building may be located on a zoning lot. One building may be located on more than one zoning lot or lot of record. 3. Lot Area. In this PGI zoning district, the minimum required "zoning lot area" [SR] shall be 40,000 square feet. VOLUME LXXI MARCH 8, 2006 159 4. Lot Width. In this PGI District, there shall be no minimum required lot width for a zoning lot. 5. Setbacks - Generally. In this PGI District, "setbacks" [SR] shall be subject to the provisions of Section 19.12.400, Setbacks - Clarifications and Exceptions. 6. Setbacks by Lot Line. In this PGI District, the minimum required "building" [SR] "setbacks" [SR] and "vehicle use area setbacks" [SR] from a "lot line" [SR] for a zoning lot shall be as follows: a. Building Setbacks. In this PGI zoning district, the minimum required “building setbacks” for a zoning lot shall be as follows: (1) The minimum required building setbacks as set forth in this section 5a with respect to any zoning lot shall be increased by 1 linear foot for each 1 linear foot of building height on such zoning lot in excess of 35 feet. (2) Street Setback. The minimum required building setback from the Big Timber Road “street lot line” [SR] shall be 50 linear feet. The minimum required building setback from all other “street lot lines” shall be 40 linear feet. (3) Interior Setback. The minimum required building setback from an "interior lot line" [SR] shall be 20 linear feet. (4) Additional Setbacks. The minimum required building setback from (A) the right-of-way lines of Northern Illinois Gas or (B) any railroad right-of-way shall be zero (0) linear feet. (5) Transition Setback. No transition building setback from a "transition lot line" [SR] shall be required for any of the following adjoining properties: (a) any adjoining property located outside the corporate limits of the City of Elgin. (b) The Boy Scout property located immediately west of the Subject Property and generally identified as by Kane County Property Tax Identification Number 03-31-300-030; (c) Any of the following properties having the following 2004 Kane County real estate tax parcel identification numbers: 03-31-300-004 03-31-300-017 MARCH 8, 2006 VOLUME LXXI 160 03-31-300-012 03-31-300-022 The minimum required building from a “transition lot line” with respect to property within the corporate limits of the City of Elgin shall be calculated as follows: Transition setback (TS) in linear feet shall equal the area of a zoning lot (ZLA) in square feet minus 40,000 square feet; the difference times .000023169; the product plus 100 linear feet. Minimum transition setback can be expressed by the following "site capacity formula" [SR]: TS = [(ZLA - 40,000) x .000023169] + 100. Additionally, for each linear foot of "building height" [SR] over 20 linear feet, two linear feet shall be added to the minimum required building setback from a transitional lot line, but in any event not greater than 100 feet. b. Vehicle Use Area Setbacks by Lot Line. In this PGI District, the minimum required "vehicle use area setbacks" [SR] for a zoning lot shall be as follows: (1) Street Setback. The minimum required vehicle use area setback from Big Timber Road shall be 30 linear feet, and from all other street lot lines shall be 20 linear feet. (2) Interior Setback. The minimum required vehicle use area setback from an interior lot line shall be 6 linear feet. (3) Additional Setbacks. The minimum required vehicle use area setback from (A) the right-of-way lines of Northern Illinois Gas or (B) any railroad right-of-way shall be zero (0) linear feet. 7. Accessory Structures and Buildings. In this PGI District, "accessory structures and buildings" [SR] shall be subject to the provisions of Section 19.12.500, Accessory Structures and Buildings. 8. Yards - Generally. In this PGI District, a "street yard" [SR], a "side yard" [SR], a "rear yard" [SR], or a "transition yard" [SR] established by a required building setback or by the actual location of a building shall be subject to the provisions of Section 19.12.600, Obstructions in Yards, with the following exceptions: VOLUME LXXI MARCH 8, 2006 161 Within a zoning lot, parking facilities shall be allowed to be located in any required street yard, side yard or rear yard, and a car overhang of 1.5 linear feet shall be allowed in the required vehicle use are setbacks. 9. Landscape Yards. In this PGI zoning District, landscape yards shall be as follows: a. Landscaping - Generally. All "yards" [SR] established by a required building setback or by the actual location of a building and not occupied by allowable improvements constructed in conformance to all applicable codes and ordinances shall be landscaped with grass, shrubs, trees, or other suitable pervious groundcover, as follows: (1) Transition Landscape Yard. Not applicable. (2) Street Yard. Street yards shall be fully landscaped. (3) Side and Rear Yard. Side and rear yards shall be fully landscaped. (4) Foundation Yards. A minimum 10 linear foot wide landscaped area shall be provided along the front of a building, and a minimum 5 linear foot wide landscaped area shall be provided along the sides and rear of building. These planting areas need not be uniform in shape so long as the required amount of space is landscaped. Sidewalks shall be located outside of required foundation yard areas, with the exception of direct building access or courtyard use. No foundation yard shall be required at loading and services entries to a building. (5) Parking and Drives. With the exception of entrance drives and motor vehicle overhangs, no parking or drive shall be located within any required landscaped area. b. Landscaping. Landscaping within the aforesaid setback areas shall satisfy the following minimum requirements: (1) Transition Landscape Yard. Not applicable. (2) Parking Landscape Area. Where a parking lot is located adjacent to Big Timber Road, the Vehicle Use Setback shall be landscaped with that minimum number of trees and shrubs MARCH 8, 2006 VOLUME LXXI 162 that is 50% percent greater than that required by Section 19.12.700 C. of the Elgin Municipal Code. The required number of trees shall be comprised of both deciduous and coniferous trees. Where parking is located adjacent to other street rights of way, there shall be a minimum 12 shrubs (each at least 2.5 feet in height) per 100 linear feet, and 2.5 trees (each having at least a 3 inch caliper) per 100 linear feet. (3) Building Landscape Area. Where a building is located adjacent to a street right of way, there shall be a minimum of 6 shrubs (each at least a 2.5 feet in height) per 100 linear feet, 2 trees (each having at least a 3 inch caliper) per 100 linear feet, and 2 ornamental trees (each having at least a 2 inch caliper) per 100 linear feet. (4) Grouping of Trees. Grouping of required trees and shrubs shall be encouraged in combination with berming. (5) Curbed Tree Islands. A curbed tree island shall be required after every 20 parking spaces. The island must measure at least 9 feet by 18 feet and contain at least one tree (having at least a 2.5 inch caliper). 10. Floor Area: Building Height. In this PGI District, the maximum "floor area" for a zoning lot shall not exceed 100% of the zoning lot area. There shall be no maximum building height. 11. Building Coverage. In this PGI District, the maximum "building coverage" [SR] for a zoning lot shall not exceed 70% of the zoning lot area. H. Off-street Parking. In this PGI zoning district, off street parking shall be subject to the provisions of Chapter 19.45, Off-street Parking, of the Elgin Municipal Code, 1976, as amended. 1. Required Number of Parking Stalls. The required number parking stalls shall be subject to provisions of Chapter 19.45, Off Street Parking, of the Elgin Municipal Code, except as follows: For Warehouse, storage, and distribution facilities, the parking stall requirements shall be based on the following stepped parking requirements: Area in Square Feet Parking Stalls Required 1 to 20,000 1 stall per 1,500/SF VOLUME LXXI MARCH 8, 2006 163 20,001 to 50,000 1 stall per 1,750/SF 50,001 to 75,000 1 stall per 2,000/SF 75,001 and over 1 stall per 2,500/SF 2. Land Reservation for Parking Not Provided. For zoning lots where the initial occupant can document that the land use requires less parking than required in this subsection, only the number of stalls required by the occupant shall be required to be constructed, provided that this number is not less than 1/3 of the total required number of parking stalls. Adequate land area for the required number of off street parking stalls in accordance with this subsection shall be designated and reserved for off street parking purposes. A written covenant agreeing to construct the additional required parking stalls shall be submitted to the zoning officer. Such covenant shall be reviewed by the Zoning Officer, approved as to content and form by the Corporation Counsel, and filed by the property owner for record in the office of the County Recorder. Upon subsequent certification by the Zoning Officer that the full number of parking stalls required under this subsection are needed because the demand for off street parking stalls exceeds the capacity of the off street parking facility and that such demand is of a continuing and regular nature, the owner of the building shall construct the full number of parking spaces required under this subsection. 3. Collective Parking Facilities. Off street parking facilities for separate uses may be provided collectively, if the total number of stalls so provided is not less than the sum of the separate requirements of each sum ""land use" [SR], and if all the regulations governing the location of accessory off street facilities in relation to the use served are observed. The off street parking facilities may be provided jointly or collectively within the property or on contiguous properties controlled by the owners of the zoning lots by written covenant or agreement between the owners of such zoning lots and adjacent properties. 4. Stalls and Aisles. "Parking aisles" [SR] shall be a minimum of 24 linear feet in width, or an equivalent for angle parking. "Parking stalls" [SR] shall be a minimum of 9 linear feet in width by 18 linear feet in length, or an equivalent for angle parking. Parking spaces for the physically handicapped shall be provided in proximity to building entrances. The parking requirements and related curb cuts and ramps for the physically handicapped shall comply with the Illinois Handicapped Accessibility Code. There shall be a back of curb parking lot dimension of 43 feet for single loaded aisles and 61 feet for double loaded aisles. Where there is a MARCH 8, 2006 VOLUME LXXI 164 landscaped area immediately adjacent to the parking lot, a deduction of 1.5 foot per car for overhang shall be allowable. 5. Striping and Markings. All parking lot striping and other markings shall be white. 6. Landscape Islands. Landscaped islands shall be 9 linear feet wide and provided every 20 parking spaces. 7. Approaches. The maximum width of an approach at the curb line shall be as approved by the City Engineer. The minimum radius shall be 10 feet. 8. Curb. All landscaped islands, drives and edges of paving shall be defined with B6:12 curb and gutter. 9. Paving. Vehicular access to or from a public right of way shall be provided on a concrete approach and "driveway" [SR] within a public right of way leading from a "zoning lot" [SR] to an improved "street" [SR]. At a minimum, the approach shall be paved with concrete for the first fifteen 15 feet, beginning at the street curb. the design of approaches and driveway crossing a public right of way shall also be subject to the provisions and requirements of Title 13, Streets and Sidewalks; Chapter 13.08, Driveways. For bituminous concrete surfaces, there shall be a minimum of two inches of bituminous concrete over eight inches of compacted gravel. Equivalent thicknesses of bituminous concrete may be substituted for gravel provided that the total pavement thickness is a minimum of ten inches. For Portland Cement concrete surfaces, there shall be a minimum of four inches of portland cement concrete over four inches of compacted gravel. Equivalent thicknesses of portland cement concrete may be substituted for gravel provided that the total pavement thickness is a minimum of eight inches. Service areas are subject to abuse, such as dumpster service areas, shall be constructed with concrete paving. Paved walks or pedestrian areas near or adjacent to buildings shall be of appropriate materials other than bituminous paving. I. Off-street Loading. In this PGI zoning district, off street loading shall be subject to the provisions of Chapter 19.47, Off-street Loading, of the Elgin Municipal Code, 1976, as amended. J. Signs. In this PGI zoning district, signs shall be subject to the provisions of Chapter 19.50, Signs, of the Elgin Municipal Code, 1976, as amended. Any VOLUME LXXI MARCH 8, 2006 165 signage located at Madeline Drive and Big Timber Road (otherwise known as entryway signage) shall be subject to substantial conformance to the Master Site Plan for Randall Point Business Park, prepared by Pancor Construction and Development, dated June 10, 2005, with a final revision date of August 1, 2005. Additionally, such signage shall be subject to the condition that landscaping be installed in substantial conformance to the landscape plan prepared by Monarch Nurseries, dated July 31, 2005, with a final revision date of August 9, 2005. K. Amendments. In this PGI zoning district, application for text and map amendments shall be subject to the provisions of Chapter 19.55, Amendments. A text and map amendment may be requested by an individual lot or property owner for a zoning lot without necessitating that all other property owners in this PGI zoning district authorize such an application. L. Planned Developments. In this PGI zoning district, application for a planned development shall be subject to the provisions of Chapter 19.60, Planned Developments, of the Elgin Municipal Code, 1976, as amended. A conditional use for a planned development may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PGI zoning district and without necessitating that all other property owners in this PGI zoning district authorize such an application. M. Conditional Uses. In this PGI zoning district, application for conditional uses shall be subject to the provisions of Chapter 19.65 Conditional Uses, of the Elgin Municipal Code, 1976, as amended. A conditional use may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PGI zoning district and without necessitating that all other property owners in this PGI zoning district authorize such an application. N. Variations. Any of the requirements of this ordinance may be varied by petition of a lot or property owner subject to this Ordinance, however, such variation is subject to the provisions of Section 19.70, Variations, of the Elgin Municipal Code, as may be amended. A variation may be requested by an individual property owner for a zoning lot without requiring an amendment to this PGI zoning district and without necessitating that all other property owners in this PGI zoning district authorize such an application. O. 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, and the provisions of the Annexation Agreement. MARCH 8, 2006 VOLUME LXXI 166 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, 1976, as amended. Q. Subdivisions-Design Standards. In this PGI zoning district, subdivisions shall be subject to the provisions of Chapter 18.24, Design Standards, of the Elgin Municipal Code, as may be amended, with the following exceptions: 1. Additional Subdivision. "Lots of record" (SR) may be platted at any number, size, width, or depth. Additional lots of record may be established subsequent to final plat approval provided that such lots of record are established in compliance with the State Plat Act and provided that all resulting "zoning lots" (SR) conform to all of the provisions of this planned industrial district ordinance. 2. Right of Way Dimensions. A 41 linear foot right of way shall be allowed, provided that a 12 foot 6 inch drainage and utility easement is granted to the City each side of said right of way; provided, however, that additional right of way shall be provided at intersections as determined by the City Engineer. An additional 7 foot 6 inch wide unrestricted easement area shall be granted to the City and to public utility companies. The easements to be granted to the City shall be permanent and exclusive easements with the grants of easements to further include provisions whereby the grantors and their successors and assigns shall not construct, install or maintain any buildings, structures or any improvements of any type within the easement premises, nor undertake any other activities in the easement premises which unreasonably interfere with the City's intended use thereof. 3. Easements. The right of way shall be bounded by 20 foot easements on each side. A strip of land within said easements, 12 1/2 feet in width and abutting the rights of way shall be for the exclusive use of Elgin for Utility installation and maintenance. The easements to be granted to the City shall be permanent and exclusive easements with the grants of easements to further include provisions whereby the grantors and their successors and assigns shall not construct, install or maintain any buildings, structures or any improvements of any type within the easement premises, nor undertake any other activities in the easement premises which unreasonably interfere with the City's intended use thereof. Said easement areas shall be seeded after utility construction and installation is completed. Upon completion of construction and development of the adjacent buildings upon a zoning lot, the easement area within that zoning lot shall be planted according to the landscape VOLUME LXXI MARCH 8, 2006 167 standards set forth in Subsection F. Site Design., 6. Landscape Yards. Irrigation of such areas with sprinklers shall not be required. R. Subdivisions-Required Improvements. In this PGI zoning district, subdivisions shall be subject to the provisions of Chapter 18.28, Required Improvements, of the Elgin Municipal Code, as may be amended, with the following exceptions: 1. Phased Development. Infrastructure development may be constructed and accepted by the City in phases, provided that the City Engineer determines that each phase has integrity. 2. Roadways. Roadways constructed and installed within the property and intended for dedication for the public use shall be three 12 linear foot lanes in width (or wider at the developer's option) and shall have B6:18 curbing and gutters, for an overall width of 39 feet. 3. Streetlights. Streetlights shall be installed every 250 feet along the roadways. The type of street light shall be as approved by the City Engineer. S. Building and Construction - Generally. In this PGI zoning district, building and construction shall be subject to the provisions of Title 16, Building and Construction, of the Elgin Municipal Code, as may be amended, except as may be specifically provided otherwise in this planned industrial district ordinance. 1. Exterior Buildings Materials. No building shall be constructed with any metal exterior materials, excepting miscellaneous metal appurtenances, without the approval of the City Council. Instead, the exterior walls of all buildings shall be composed of only concrete panels, glass, brick, block and stone (or any combination of the foregoing). Notwithstanding the foregoing, the roof of any building may be constructed with a so-called “standing seam” metal roof (in addition to any other non-metal roofing system). 2. All sanitary sewers shall be overhead sewers. 3. 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. Section 4. That in the event the ownership of the Subject Property is at any time hereafter divided into parcels of separate ownership, then the owner of each separate parcel shall have the right to seek amendments to this ordinance without the consent of the owner(s) of any other parcel, and any such amendment shall only apply to the parcel of the owner seeking such amendment. MARCH 8, 2006 VOLUME LXXI 168 Section 5. That this ordinance shall be full force and effect immediately after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: March 8, 2006 Passed: March 8, 2006 Vote: Yeas: 7 Nays: 0 Recorded: March 9, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-59 ADOPTED APPROVING PRELIMINARY PLAT FOR RANDALL POINT BUSINESS PARK (2675 BIG TIMBER ROAD) Councilmember Figueroa made a motion, seconded by Councilmember Walters, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Resolution No. 06-59 RESOLUTION APPROVING PRELIMINARY PLAT FOR RANDALL POINT BUSINESS PARK (2675 Big Timber Road) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the preliminary plat prepared by Jacob & Hefner Associates, P.C. dated July 8, 2005, and last revised September 26, 2005. The approval granted by this resolution is tentative in nature, involving the general acceptability of the layout as submitted, and shall not qualify the plat for recording. Application for final approval shall be made not later than one year after the date of this resolution and must be supported by such drawings, specifications and monetary assurance as may be necessary to demonstrate compliance with applicable statutes and ordinances. s/ Ed Schock Ed Schock, Mayor VOLUME LXXI MARCH 8, 2006 169 Presented: March 8, 2006 Adopted: March 8, 2006 Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-57 ADOPTED APPOINTING DAVID KAPTAIN AS THE CITY OF ELGIN'S REPRESENTATIVE TO THE FOX RIVER STUDY GROUP Councilmember Figueroa made a motion, seconded by Councilmember Rodgers, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Councilmember Kaptain abstained from the vote. Resolution No. 06-57 RESOLUTION APPOINTING CITY COUNCIL MEMBER DAVID KAPTAIN AS THE CITY OF ELGIN'S REPRESENTATIVE TO THE FOX RIVER STUDY GROUP BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that City Council Member, David Kaptain, be and is hereby appointed as the City of Elgin's representative to the Fox River Study Group. s/ Ed Schock Ed Schock, Mayor Presented: March 8, 2006 Adopted: March 8, 2006 Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk MARCH 8, 2006 VOLUME LXXI 170 AUTHORIZATION OF PAYMENTS TO VARIOUS VENDORS Councilmember Sandor made a motion, seconded by Councilmember Figueroa, to authorize the following payments. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters and Mayor Schock. Nays: None. PAYEE AMOUNT REASON Christopher B. Burke Engineer West Rosemont, IL $12,023.50 Engineering consulting services for storm water plan review Northern Illinois Special Recreation Association Crystal Lake, IL $96,198.00 Membership district dues October, 2005 through April, 2006 Elgin Police Department Elgin, IL $30,500.08 Overtime and salary from October through December for 2 employees Lake County Sheriff’s Department Waukegan, IL $17,019.11 Overtime and salary from October through December for 1 employee Elgin Public Museum Elgin, IL $76,000.00 Sum Budgeted for 2006 Paddock Publications, Arlington Heights, IL $11,676.69 Advertising for ads throughout the City in November and December Badger Meter Milwaukee, WI $19,800.00 Water meters throughout the City CONSENT AGENDA By unanimous consent, Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to adopt Resolution Nos. 06-45 through 06-58 (excluding 06-57) by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. RESOLUTION 06-45 ADOPTED AUTHORIZING EXECUTION OF A SUB-RECIPIENT AGREEMENT WITH THE HOUSING AUTHORITY OF ELGIN Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. VOLUME LXXI MARCH 8, 2006 171 Resolution No. 06-45 RESOLUTION AUTHORIZING EXECUTION OF A SUB-RECIPIENT AGREEMENT WITH THE HOUSING AUTHORITY OF ELGIN BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute a Sub-Recipient Agreement on behalf of the City of Elgin with the Housing Authority of Elgin for assisting in the development or operation of housing for lower income families, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: March 8, 2006 Adopted: March 8, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-46 ADOPTED APPROVING CHANGE ORDER NO. 1 IN THE CONTRACT WITH RAMAKER AND ASSOCIATES, INC FOR THE AUTOMATED CEMETERY MANAGEMENT SYSTEM Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Resolution No. 06-46 RESOLUTION APPROVING CHANGE ORDER NO. 1 IN THE CONTRACT WITH RAMAKER AND ASSOCIATES, INC. FOR THE AUTOMATED CEMETERY MANAGEMENT SYSTEM WHEREAS, the City of Elgin has heretofore entered into a contract with Ramaker and Associates, Inc. for the automated cemetery management system; and MARCH 8, 2006 VOLUME LXXI 172 WHEREAS, it is necessary and desirable to modify the terms of the contract as is described in Change Order No. 1, attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, be and is hereby authorized and directed to execute Change Order No. 1, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: March 8, 2006 Adopted: March 8, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-47 ADOPTED PLACING THE INTERNATIONAL PROPERTY MAINTENANCE CODE 2003 ON FILE Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Resolution No. 06-47 RESOLUTION PLACING THE INTERNATIONAL PROPERTY MAINTENANCE CODE 2003 ON FILE WHEREAS, the City of Elgin is considering adopting by reference the International Property Maintenance Code 2003 as the regulations for construction and control of one- and two-family dwellings in the City of Elgin; and WHEREAS, the International Property Maintenance Code 2003 has been published by the International Code Council, Inc., Country Club Hills, Illinois; and WHEREAS, Section 1-3-2 of the Illinois Municipal Code (65 ILCS 5/1-1-3-2) authorizes any municipality to adopt by reference the provisions of any regulations or public records provided that one copy of such regulations or public records is filed with the City Clerk for a VOLUME LXXI MARCH 8, 2006 173 period of thirty days prior to adoption of an ordinance which incorporates such regulations or public records by reference. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that a copy of the International Property Maintenance Code 2003 be and is hereby directed to be placed on file in the office of the City Clerk for public inspection and examination for a period of thirty days. s/ Ed Schock Ed Schock, Mayor Presented: March 8, 2006 Adopted: March 8, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-48 ADOPTED ACCEPTING FOR OWNERSHIP AND MAINTENANCE THE PUBLIC IMPROVEMENTS IN MULBERRY GROVE SUBDIVISION Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Resolution No. 06-48 RESOLUTION ACCEPTING FOR OWNERSHIP AND MAINTENANCE THE PUBLIC IMPROVEMENTS IN MULBERRY GROVE SUBDIVISION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin hereby accepts for ownership and maintenance the public improvements, which include the public streets, sidewalks, sanitary sewers, storm sewers, water main, fire hydrants, street lights, signage and street trees in the Mulberry Grove Subdivision located at Umbdenstock Road south of Hopps Road. s/ Ed Schock Ed Schock, Mayor MARCH 8, 2006 VOLUME LXXI 174 Presented: March 8, 2006 Adopted: March 8, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-49 ADOPTED ACCEPTING FOR OWNERSHIP AND MAINTENANCE THE OTTER CREEK INTERCEPTOR SEWER, PHASE 3 Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Resolution No. 06-49 RESOLUTION ACCEPTING FOR OWNERSHIP AND MAINTENANCE THE OTTER CREEK INTERCEPTOR SEWER, PHASE 3 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin hereby accepts for ownership and maintenance the Otter Creek Interceptor Sewer, Phase 3. s/ Ed Schock Ed Schock, Mayor Presented: March 8, 2006 Adopted: March 8, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk VOLUME LXXI MARCH 8, 2006 175 RESOLUTION 06-50 ADOPTED AUTHORIZING EXECUTION OF A SERVICE AGREEMENT WITH THE ELGIN AREA CHAMBER OF COMMERCE Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Resolution No. 06-50 RESOLUTION AUTHORIZING EXECUTION OF A SERVICE AGREEMENT WITH THE ELGIN AREA CHAMBER OF COMMERCE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute a Service Agreement on behalf of the City of Elgin with the Elgin Area Chamber of Commerce for economic development activity, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: March 8, 2006 Adopted: March 8, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-51 ADOPTED APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Resolution No. 06-51 RESOLUTION APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Pattie Tripunitara be and is hereby appointed as a member of the Cultural Arts Commission, to fulfill the unexpired term of Barbara Maring, for a term to expire November 1, 2006. MARCH 8, 2006 VOLUME LXXI 176 BE IT FURTHER RESOLVED that Robert Duffy be and is hereby appointed as a member of the Elgin Emergency Telephone System Board (E-911) to fulfill the unexpired term of Jim Burns, for a term to expire May 1, 2008. BE IT FURTHER RESOLVED that Peggy M. Cleinmark be and is hereby appointed as a member of the Board of Health to fulfill the unexpired term of Tricia Dieringer, for a term to expire May 1, 2008. BE IT FURTHER RESOLVED that Jeff Grosser be and is hereby appointed as a member of the Hemmens Advisory Board to fulfill the unexpired term of Nancy Viviano, for a term to expire May 1, 2006. BE IT FURTHER RESOLVED that Denise Habun be and is hereby appointed as a member of the Human Relations Commission to fulfill the unexpired term of Paula Snider, for a term to expire May 1, 2007. BE IT FURTHER RESOLVED that John K. O’Haire be and is hereby appointed as a member of the Parks and Recreation Board to fulfill the unexpired term of Temidayo Latinwo, for a term to expire May 1, 2006. BE IT FURTHER RESOLVED that Richard Dunne be and is hereby appointed as a member of the Veterans Memorial Park Committee to fulfill the term of Charles Krabbe. s/ Ed Schock Ed Schock, Mayor Presented: March 8, 2006 Adopted: March 8, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-52 ADOPTED AUTHORIZING EXECUTION OF A LEASE AGREEMENT WITH TEXTRON FINANCIAL CORPORATION FOR GOLF CARS AT WING PARK GOLF COURSE Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. VOLUME LXXI MARCH 8, 2006 177 Resolution No. 06-52 RESOLUTION AUTHORIZING EXECUTION OF LEASE AGREEMENT WITH TEXTRON FINANCIAL CORPORATION FOR GOLF CARS AT WING PARK GOLF COURSE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute a Lease Agreement on behalf of the City of Elgin with Textron Financial Corporation for the purchase of 15 additional golf cars at Wing Park golf course, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: March 8, 2006 Adopted: March 8, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-53 ADOPTED AUTHORIZING EXECUTION OF AN ENGINEERING SERVICES AGREEMENT WITH BURNS AND MCDONNELL FOR THE LIME RESIDUE DISPOSAL MAIN AT THE RIVERSIDE WATER TREATMENT PLANT Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Resolution No. 06-53 RESOLUTION AUTHORIZING EXECUTION OF AN ENGINEERING SERVICES AGREEMENT WITH BURNS AND McDONNELL FOR THE LIME RESIDUE DISPOSAL MAIN AT THE RIVERSIDE WATER TREATMENT PLANT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an engineering services agreement on behalf of the City of Elgin with Burns and McDonnell for engineering services for the lime residue disposal main at the Riverside Water Treatment Plan, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor MARCH 8, 2006 VOLUME LXXI 178 Presented: March 8, 2006 Adopted: March 8, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-54 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH SEYFARTH SHAW LLP/WORKRIGHT TRAINING LLC FOR EMPLOYEE TRAINING Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Resolution No. 06-54 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH SEYFARTH SHAW LLP/WORKRIGHT TRAINING LLC FOR EMPLOYEE TRAINING BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Seyfarth Shaw LLP/WorkRight Training LLC for employee training, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: March 8, 2006 Adopted: March 8, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk VOLUME LXXI MARCH 8, 2006 179 RESOLUTION 06-55 ADOPTED AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH THE BOYS AND GIRLS CLUB OF ELGIN Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Resolution No. 06-55 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH THE BOYS AND GIRLS CLUB OF ELGIN BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute a Purchase of Service Agreement on behalf of the City of Elgin with the Boys and Girls Club of Elgin for youth programs, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: March 8, 2006 Adopted: March 8, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-56 ADOPTED AUTHORIZING EXECUTION OF AN ARCHITECTURAL SERVICES AGREEMENT WITH FGM ARCHITECTS ENGINEERING, INC. FOR FIRE STATION 7 Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Resolution No. 06-56 RESOLUTION AUTHORIZING EXECUTION OF AN ARCHITECTURAL SERVICES AGREEMENT WITH FGM ARCHITECTS ENGINEERS, INC. FOR FIRE STATION 7 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, and Dolonna Mecum, City Clerk, be and are hereby MARCH 8, 2006 VOLUME LXXI 180 authorized and directed to execute an architectural services agreement on behalf of the City of Elgin with FGM Architects Engineers, Inc. for architectural services for Fire Station 7, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: March 8, 2006 Adopted: March 8, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-58 ADOPTED AUTHORIZING EXECUTION OF A SPECIAL EVENT CO-SPONSORSHIP AGREEMENT WITH THE AFRICAN-AMERICAN COALITION (JUNETEENTH FESTIVAL) Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Resolution No. 06-58 RESOLUTION AUTHORIZING EXECUTION OF A SPECIAL EVENT CO-SPONSORSHIP AGREEMENT WITH THE AFRICAN-AMERICAN COALITION (Juneteenth Festival) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute a Special Event Co-sponsorship Agreement on behalf of the City of Elgin with the African-American Coalition for the Miss African-American Scholarship Pageant/Juneteenth Festival to be held June 17, 2006, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor VOLUME LXXI MARCH 8, 2006 181 Presented: March 8, 2006 Adopted: March 8, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to place the following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Elgin Sales Tax Report for November 2005 Elgin Area Convention & Visitors Bureau Minutes for September 13, 2005, October 11, 2005, November 8, 2005, and January 10, 2006 Elgin Heritage Commission Design Review Subcommittee Minutes for December 12, 2005, and January 9, 2006 Elgin Image Advisory Commission Minutes for January 23, 2006 Parks and Recreation Advisory Board Minutes for November 29, 2005 Planning and Development Commission Minutes for December 19, 2005 Zoning and Subdivision Hearing Board Minutes for February 1, 2006 Committee of the Whole Minutes for February 8, 2006 City Council Minutes for February 8, 2006 ANNOUNCEMENTS Mayor Schock made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Sandor made a motion, seconded by Councilmember Figueroa, to adjourn the meeting. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters and Mayor Schock. Nays: None. The meeting adjourned at 8:12 p.m. s/Dolonna Mecum March 22, 2006 Dolonna Mecum, City Clerk Date Approved