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HomeMy WebLinkAboutf - March 22182 MARCH 22, 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 22, 2006, in the Council Chambers. The meeting was called to order by Mayor Schock at 7:02 p.m. The Invocation was given by Reverend John Feldmann, Grace Evangelical Church, and the Pledge of Allegiance was led by Gordon Schnulle. ROLL CALL Roll call was answered by Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters and Mayor Schock. Absent: None. MINUTES OF THE MARCH 8, 2006, COUNCIL MEETING APPROVED AS AMENDED Councilmember Rodgers made a motion, seconded by Councilmember Kaptain, to amend the March 8, 2006, City Council Minutes to include the following comments she made during consideration of Petition 59-05 regarding the Wal-Mart and Sam’s Club development: 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. 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 Kaptain, to approve the March 8, 2006, Council Meeting Minutes as amended. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters and Mayor Schock. Nays: None. RECOGNIZE PERSONS PRESENT Gertrude McClain addressed the Council regarding consideration being given to banning pit bulls. She said she has no objection to a requirement for registering her dog with the City or County. She asked that the Council not institute a ban, but if they do, careful thought be given to VOLUME LXXI MARCH 22, 2006 183 defining what is and what is not a pit bull. She believes it is often people who are to blame for a dog’s behavior and the not the dog itself. Ina Dews informed the Mayor and Councilmembers that she was very perturbed at how the Mayor responded to the residents from Tyler Towers who wanted to make comments at the March 8 meeting regarding the proposal for a senior independent living facility at 508 North McLean Boulevard. She said the petition was scheduled for a public hearing and then continued a couple meetings. Mayor Schock responded by stating that the public hearing on this petition was held before the Planning and Development Commission. The City Council only conducts public hearings for annexations, and this property has been annexed into the City for decades. He further explained that the two continuances were not for public hearings. They were continuances of consideration of the petition. Paul Milsap, a member of the new Elgin Racers Men’s Professional Basketball Team, stated that they appreciate the opportunity to bring the team to Elgin and the support they have received from the City. They are looking forward to a good year here. Mayor Schock stated that a team comprised of city employees will play in an exhibition game against the Elgin Racers on March 28, 2006, at 6:30 p.m. at the Lindner Fitness Center at Judson College, and everyone is invited to attend. Mayor Schock said that Elgin is really looking forward to having the Elgin Racers here for the season. It’s a real opportunity for our citizens to have a great time. COMMUNICATIONS Because of notification problems, Mayor Schock announced that the final public hearing for the 2006-2007 Community Development Block Grant program will be held at the April 12, 2006, Council meeting at 7 p.m. rather than at tonight’s meeting. He apologized for any inconvenience this may have caused. Proclamation in Recognition of Affordable Housing Week Mayor Schock stated that affordable housing, not just in Elgin but throughout the State of Illinois, is one of the top issues of the League of Women Voters. At the request of the Elgin Area League of Women Voters, Mayor Schock presented a proclamation stating that communities across America are in the midst of an affordable housing crisis. Over one million Illinois households have housing affordability problems. It is important for all levels of government, organizations and communities to work together to provide adequate and affordable housing that will make a real difference in the lives of many men, women, and children who require shelter. Mayor Schock proclaimed March 19-26, 2006, as “Affordable Housing Week” in the City of Elgin. Mayor Schock stated that he is very proud of the fact that the City of Elgin has a higher percentage of its housing that is affordable than any other community in the Chicago area. Over 45% of Elgin’s housing stock is categorized as affordable. We are very proud of the fact that the City of Elgin is doing a great job and is doing its part. MARCH 22, 2006 VOLUME LXXI 184 BID 05-104 AWARDED TO FOUNTAIN FRESH FOR FULL SERVICE SNACK VENDING MACHINE SERVICE AT THE CENTRE Councilmember Figueroa made a motion, seconded by Councilmember Walters, to award a contract to Fountain Fresh for full service snack vending machine service at The Centre. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. BID 06-007 AWARDED TO SHALES MCNUTT CONSTRUCTION FOR THE CONSTRUCTION OF BOWES ROAD BOOSTER PUMP STATION Councilmember Sandor made a motion, seconded by Councilmember Figueroa, to award a contract to Shales McNutt Construction, Inc., in the amount of $747,844 for the construction of the Bowes Road Booster Pump Station. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. BID 06-013 AWARDED TO LYONS ELECTRIC COMPANY FOR THE CENTRAL BUSINESS DISTRICT TRAFFIC SIGNAL UPGRADE PROJECT Councilmember Rodgers made a motion, seconded by Councilmember Sandor, to award a contract to Lyons Electric Company for the Central Business District Traffic Signal Upgrade Project in the amount of $3,108,185.10. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. BID 06-014 AWARDED TO THE DIONEX CORPORATION FOR THE PURCHASE OF AN ION CHROMATOGRAPH INSTRUMENT SYSTEM FOR THE RIVERSIDE WATER TREATMENT PLANT LABORATORY Councilmember Walters made a motion, seconded by Councilmember Kaptain, to purchase from the Dionex Corporation an Ion Chromatograph Instrument System for the Riverside Water Treatment Plant Laboratory in the amount of $35,424. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. BID 06-017 AWARDED TO MORSE ENERGY INC. FOR THE CONSTRUCTION OF BACKUP POWER GENERATORS AT RIVERSIDE WATER TREATMENT PLANT AND THE SLADE AVENUE FACILITY Councilmember Kaptain made a motion, seconded by Councilmember Walters, to award a contract to Morse Energy Inc. in the amount of $1,676,330 for the installation of power VOLUME LXXI MARCH 22, 2006 185 generators and associated pads, switchgears, transformer, and fuel tanks at both the Riverside Water Treatment Plant and the Slade Avenue Facility and acceptance of the assigned procurement contract. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. BID 06-018 AWARDED TO ULTRA STROBE COMMUNICATIONS, INC., FOR EMERGENCY WARNING LIGHTS FOR THE POLICE DEPARTMENT Councilmember Sandor made a motion, seconded by Councilmember Figueroa, to award a contract to Ultra Strobe Communications, Inc., in the amount of $84,909.30 for Emergency Warning Lights for the Police Department. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. BID 06-022 AWARDED TO MCLEODUSA FOR PHONE SERVICE Councilmember Sandor made a motion, seconded by Councilmember Figueroa, to award a 36 month agreement for phone service to McLeodUSA at an estimated monthly cost of $2,420. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. BID 06-024 AWARDED TO CRESCENT ELECTRIC SUPPLY CO. AND WESCO DISTRIBUTION FOR 2006 STREET LIGHT REPAIR AND REPLACEMENT MATERIALS Councilmember Walters made a motion, seconded by Councilmember Kaptain, to award the 2006 Street Light Repair and Replacement Materials Groups 1, 2, and 4 to Crescent Electric Supply Co. in the amount of $108,114.90 and Group 3 to WESCO Distribution in the amount of $41,778.50 Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. BID 06-025 AWARDED TO RON HOPKINS FORD TO PURCHASE SEVEN REPLACEMENT VEHICLES FOR VARIOUS CITY DEPARTMENTS Councilmember Figueroa made a motion, seconded by Councilmember Rodgers, to purchase seven replacement vehicles for various departments from Ron Hopkins Ford for $75,300 after trade-in. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. MARCH 22, 2006 VOLUME LXXI 186 BID 06-027 AWARDED TO MAINTENANCE COATINGS FOR THE 2006 PAINT/EPOXY PAVEMENT MARKING PROGRAM Councilmember Rodgers made a motion, seconded by Councilmember Figueroa, to award the 2006 Paint/Epoxy Pavement Marking Program to Maintenance Coatings in the amount of $73,372.15. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. BID 06-028 AWARDED TO SUPERIOR ROAD STRIPING FOR THE 2006 THERMOPLASTIC PAVEMENT MARKING PROGRAM Councilmember Kaptain made a motion, seconded by Councilmember Rodgers, to award the 2006 Thermoplastic Pavement Marking Program to Superior Road Striping in the amount of $54,327.09. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. BID 06-029 AWARDED TO VARIOUS SUPPLIERS FOR BITUMINOUS PATCHING MIXTURES FOR THE PUBLIC WORKS DEPARTMENT Councilmember Walters made a motion, seconded by Councilmember Sandor, to authorize the Public Works Department to purchase Bituminous Patching Mixtures, Group I and II, from all of the suppliers, depending on need and availability at the unadjusted rates as shown on the memo provided to Council. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. PUBLIC HEARING REGARDING A FIRST AMENDMENT TO AN ANNEXATION AGREEMENT AND A MAP AMENDMENT FROM ORI OFFICE, RESEARCH, INDUSTRIAL DISTRICT TO PAB PLANNED AREA BUSINESS DISTRICT AT 2000 NORTH RANDALL ROAD; BY INTERSTATE PARTNERS LLC, AS APPLICANT, AND MOTOROLA, INC., AS OWNER (PETITION 70-05) Mayor Schock stated that a request was made in a letter dated March 21, 2006, from the petitioner, Interstate Partners, LLC, asking that Petition 70-05 be withdrawn. PETITION 70-05 WITHDRAWN REQUESTING APPROVAL OF A FIRST AMENDMENT TO AN ANNEXATION AGREEMENT AND A MAP AMENDMENT FROM ORI OFFICE, RESEARCH, INDUSTRIAL DISTRICT TO PAB PLANNED AREA BUSINESS DISTRICT; BY INTERSTATE PARTNERS LLC, AS APPLICANT, AND MOTOROLA, INC., AS OWNER (2000 NORTH RANDALL ROAD) Petition 70-05 withdrawn pursuant to the petitioner’s request. VOLUME LXXI MARCH 22, 2006 187 PETITION 13-06 APPROVED REQUESTING A CONDITIONAL USE FOR A CARRYOUT RESTAURANT IN THE PCC2 PLANNED CENTER CITY DISTRICT; PROPERTY LOCATED AT 79 CLOCK TOWER PLAZA BY SHABBIR AGHA, AS APPLICANT, AND BUTERA PROPERTIES, AS OWNER Councilmember Walters made a motion, seconded by Councilmember Figueroa, to approve Petition 13-06 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. PETITION 14-06 APPROVED REQUESTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT IN THE RC3 RESIDENCE CONSERVATION DISTRICT AND THE ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT, TO PERMIT THE CONSTRUCTION OF A FRONT AND A REAR PORCH; PROPERTY LOCATED AT 73 NORTH LIBERTY STREET, BY JOHN WIEDMEYER, AS APPLICANT AND OWNER Councilmember Walters made a motion, seconded by Councilmember Sandor, to approve Petition 14-06 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. ORDINANCE S5-06 PASSED ADOPTING AND PUBLISHING AN OFFICIAL ZONING MAP Councilmember Figueroa made a motion, seconded by Councilmember Rodgers, 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. S5-06 AN ORDINANCE ADOPTING AND PUBLISHING AN OFFICIAL ZONING MAP WHEREAS, 65 ILCS 5/11-13-19 provides that the corporate authorities shall cause to be published each year a map clearly showing the existing zoning uses, divisions, restrictions, regulations and classifications of a municipality. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the map attached hereto as Exhibit 1 entitled "City of Elgin 2006 Zoning Map" dated March, 2006 be and is hereby adopted as the official zoning map for the City of Elgin, Illinois. MARCH 22, 2006 VOLUME LXXI 188 Section 2. That the city's department of planning and neighborhood services is hereby directed to cause the publication of the City of Elgin's official zoning map. Section 3. That the following fees are hereby established to be charged to any person desiring a copy of such official zoning map or portions thereof to defray the cost of publication of the official zoning map: The city-wide map - $25.00; each quadrant map - $20.00; the entire five map set - $100.00. Section 4. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 5. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: March 22, 2006 Passed: March 22, 2006 Vote: Yeas: 7 Nays: 0 Recorded: March 23, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk MOTION TO CONSIDER AGENDA ITEMS O-6 THROUGH O-10 IN ONE MOTION Councilmember Sandor made a motion, seconded by Councilmember Figueroa, to approve Other Business Agenda Items 6 through 10 (Ordinance Numbers S6-06 and G18-06 through G21-06) 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 Walters, to pass Ordinance Nos. S6-06 and Ordinance Nos. G18-06 through G21-06. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Sandor, Walters, and Mayor Schock. Nays: Councilmember Kaptain and Councilmember Rodgers. VOLUME LXXI MARCH 22, 2006 189 ORDINANCE S6-06 PASSED ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN (HPI-ELGIN, L.L.C.-WEST ASSEMBLAGE-NORTH PORTION) 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. S6-06 AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN (HPI-Elgin, L.L.C.-West Assemblage-North Portion) 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 the HPI-Elgin, LLC-West Assemblage- North Portion 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 22, 2006 VOLUME LXXI 190 The Southwest Quarter of Section 32, Township 42 North, Range 7 East of the Third Principal Meridian, also part of the Southeast quarter of Section 32 aforesaid, described as follows: Beginning at the Northwest corner of the Southeast Quarter of said Section 32 and thence South on the Quarter Section Line 295-1/4 feet; thence East at right angles to a point in the middle of the highway, thence Northwesterly along the middle of said highway to the North line of said Quarter Section; thence West to the point of beginning; in Rutland Township, Kane County, Illinois. Also, that part of U.S. Route 20 lying Northeasterly of and adjacent to the above described parcel. 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 22, 2006 Passed: March 22, 2006 Vote: Yeas: 7 Nays: 0 Recorded: March 23, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE G18-06 PASSED CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT-TRADITIONAL NEIGHBORHOOD DEVELOPMENT (TND) SINGLE FAMILY NEIGHBORHOOD 1A (HPI-ELGIN, L.L.C., WEST ASSEMBLAGE-NORTH PORTION) 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. VOLUME LXXI MARCH 22, 2006 191 Ordinance No. G18-06 AN ORDINANCE CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT Traditional Neighborhood Development (TND) Single Family Neighborhood 1A (HPI-Elgin, L.L.C., West Assemblage – North Portion) 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 map, prepared by JEN Land Design, Inc., dated, June 15, 2004, with a final revision date of December 3, 2004, designated in the PSFR2 Planned Single Family Residence District, and identified as Neighborhood (NH) 1A, on the Preliminary PUD Plan, prepared by JEN Land Inc., dated June 15, 2004, with a final revision date of August 26, 2004 (page 1), said areas being located within the property legally described as follows: The Southwest Quarter of Section 32, Township 42 North, Range 7 East of the Third Principal Meridian, also part of the Southeast quarter of Section 32 aforesaid, described as follows: Beginning at the Northwest corner of the Southeast Quarter of said Section 32 and thence South on the Quarter Section Line 295-1/4 feet; thence East at right angles to a point in the middle of the highway, thence Northwesterly along the middle of said highway to the North line of said Quarter Section; thence West to the point of beginning; in Rutland Township, Kane County, Illinois. MARCH 22, 2006 VOLUME LXXI 192 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. The exclusion of such symbol shall not exempt such word or phrase from the applicable supplementary regulation. 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). VOLUME LXXI MARCH 22, 2006 193 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. 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. MARCH 22, 2006 VOLUME LXXI 194 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 shall be as follows: 1. Zoning Lots - Generally. In this PSFR2 zoning district, "zoning lots" [SR] shall be subject to the provisions of Section 19.12.300, Zoning Lots - Clarifications and Exceptions, of the Elgin Zoning Ordinance, subject to the standards set forth below in subsections 2, 3, and 4. 2. Lot Area and Lot Width. In this PSFR2 zoning district, the minimum required "zoning lot area" [SR] and “lot width” [SR] shall be in substantial conformance with the following documents: a. Concept Plan for HPI – Elgin (identified as sheet 1 of 3), West Assemblage, prepared by JEN Land Design, Inc., dated June 15, 2004, with a final revision date of August 26, 2004. b. Preliminary PUD Plan for HPI – Elgin, West Assemblage, Sheets 2 and 3, prepared by JEN Land Design, Ltd., dated June 15, 2004, with a final revision date of September 10, 2004. c. Preliminary Engineering Improvement Plans for HPI Elgin Assemblage – West, sheets 100, 200, 201, 202, and 203, prepared by Cowhey Gudmonson Leder, Ltd., dated June 11, 2004, with a final revision date of December 4, 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. 3. Setbacks - Generally. In this PSFR2 zoning district, "setbacks" [SR] shall be subject to the provisions of the Elgin Zoning Ordinance, Section 19.12.400, Setbacks - Clarifications and Exceptions, except as set forth below in subsection 4. 4. Setbacks by Lot Line. In this PSFR2 zoning district, the minimum required "building" [SR] "setbacks" [SR] for a zoning lot shall be as follows: a. Local Street Setback. Where a zoning lot has frontage on a local street, the minimum required setback for a building from a street lot line shall be as follows: VOLUME LXXI MARCH 22, 2006 195 i. Twenty (20) linear feet from the street lot line to the main building façade. ii. Fourteen (14) linear feet from the street lot line to a covered porch or portico. iii. Ten (10) linear feet where the side building facade faces a street lot line. b. Side Setback. The minimum required building setback from a “side lot line” [SR] shall be five (5) linear feet. The combined width of the side setbacks from the side lot lines shall not be less than ten (10) linear feet. c. Interior Setback. The minimum required building setback from an “interior lot line” [SR] shall be five (5) linear feet. d. Rear Setback. The minimum required building setback from a “rear lot line” [SR] shall be as follows: i. Twenty-five (25) linear feet from the rear lot line to the principal building. ii. Five (5) linear feet from the rear lot line to the garage, either attached or detached. 5. Accessory Structures and Buildings. In this PSFR2 zoning district, "accessory structures and buildings" [SR] shall be subject to the provisions of Section 19.12.500, Accessory Structures and Buildings, of the Elgin Zoning Ordinance. 6. Yards. In this PSFR2 zoning district, a "street yard" [SR], a "side yard" [SR], or a "rear yard" [SR] established by a required building setback or by the actual location of a building shall be subject to the provisions of Section 19.12.600, Obstructions in Yards, of the Elgin Zoning Ordinance, except to the extent that the same conflicts with the standards set forth above. 7. Residential Floor Area. In this PSFR2 zoning district, the maximum "residential floor area" [SR] for a single family zoning lot shall equal the “zoning lot area” [SR] times 0.40 (40%). 8. Building Coverage. In this PSFR2 zoning district, the maximum "building coverage" [SR] for a single family zoning lot shall equal the “zoning lot area” [SR] times 0.40 (40%). 9. Accessory Building Coverage. In this PSFR2 zoning district, the maximum "accessory building coverage" [SR] for a single family zoning lot shall equal the “zoning lot area” [SR] times 0.10 (10%). 10. Vehicle Use Area. In this PSFR2 zoning district, the maximum "vehicle use area" [SR] for a single family zoning lot shall be one thousand four hundred (1,400) square feet. 11. Landscaping. In this PSFR2 zoning district, each zoning lot shall be developed in substantial conformance to the following landscape plans, prepared by JEN Land Design, dated June 15, 2004, and revised on September 10, 2004 (unless otherwise noted): MARCH 22, 2006 VOLUME LXXI 196 a. Substantial conformance to the Typical Foundation Planting Plans Single Family, for HPI Elgin, L.L.C., prepared by Landworks Ltd., and dated June 25, 2004. b. Landscape Guidelines for the West Assemblage, the Entry Landscape Concept – Plan View. c. Neighborhood Three/Plank Road Estates Landscape Buffer Section – West Assemblage. d. Typical Buffer Section along Residential Collector Road – West Assemblage (referencing Single Family Neighborhoods 2, 3,4, 5, 6, & 7). e. Typical Buffer Section Residential Collector Road – West Assemblage (referencing Townhome Neighborhood 8). 12. Supplementary Conditions. In this PSFR2 zoning district, the use and development of land and structures shall also be subject to substantial conformance to the following documents: a. Concept Plan for HPI – Elgin (identified as sheet 1 of 3), West Assemblage, prepared by JEN Land Design, Inc., dated June 15, 2004, with a final revision date of August 26, 2004. b. Preliminary PUD Plan for HPI – Elgin, West Assemblage, Sheets 2 and 3, prepared by JEN Land Design, Ltd., and dated June 15, 2004, with a final revision date of September 10, 2004. c. Preliminary Engineering Improvement Plans for HPI Elgin Assemblage – West, sheets 100, 200, 201, 202, and 203, prepared by Cowhey Gudmonson Leder, Ltd., dated June 11, 2004, with a final revision date of December 4, 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 HPI Pingree Grove, L.L.C., Residential Images – Single Family Detached, prepared by HPI – Elgin, L.L.C, identified as Exhibit 14 in the City Council Binder . e. Architectural Standards for Single Family Detached and Single Family Attached Dwellings, revised on December 3, 2004. f. 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, with a final revision date of December 3, 2004. g. The exterior building materials of the detached single family traditional neighborhood design (TND) dwellings shall be wood, stone, brick, stucco, EIFs, .024 gauge aluminum and vinyl. h. Specific building elevations plans for all residential structures proposed to be constructed in this PSFR2 Planned Single Family Residence District shall be submitted to the city’s Community Development Director for review and approval. The standards for VOLUME LXXI MARCH 22, 2006 197 such review and approval shall be the terms of this ordinance and other applicable ordinances and other requirements of law. i. Notwithstanding any of the above conditions, the minimum floor area for a detached single family dwelling unit within the TND neighborhoods shall be 1,400 square feet. Floor area shall be calculated as defined by EMC Chapter 19, Zoning. Where this provision conflicts with any of the above conditions, this condition shall take precedent. j. Additions to any residential structures on the Subject Property shall only be permitted to the rear elevations of such structures and no additions shall be permitted to the front and/or side elevations on any such residential structures. 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. All signs shall also be subject to paragraph G., Site Design, of this ordinance, subject to review and approval by the Community Development Group, and subject to substantial conformance to the HPI Pingree Grove, L.L.C., - Community Images – Entry Way and Signage exhibit, prepared by HPI – Elgin, L.L.C., with the following exception: all signs must be monument style signs and shall conform to the surface area requirements of the sign 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. MARCH 22, 2006 VOLUME LXXI 198 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 required by the City Engineer and the Development Administrator. 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 VOLUME LXXI MARCH 22, 2006 199 Presented: March 22, 2006 Passed: March 22, 2006 Vote: Yeas: 7 Nays: 0 Recorded: March 23, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE G19-06 PASSED CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PMFR PLANNED MULTIPLE FAMILY RESIDENCE DISTRICT- NEIGHBORHOODS 1B AND 8 (HPI-ELGIN, L.L.C., WEST ASSEMBLAGE-NORTH PORTION) 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. G19-06 AN ORDINANCE CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PMFR PLANNED MULTIPLE FAMILY RESIDENCE DISTRICT Neighborhoods 1B and 8 (HPI-Elgin, L.L.C., West Assemblage – North Portion) 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 PMFR Planned Multiple Family Residence 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: MARCH 22, 2006 VOLUME LXXI 200 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 PMFR Planned Multiple Family Residence District, the following described property: Those areas on the attached zoning map, prepared by JEN Land Design, Inc., dated June 15, 2004, with a final revision date of December 3, 2004, designated in the PMFR Planned Multiple Family Residence District, and identified as Neighborhoods (NH) 1B and 8, on the Preliminary PUD Plan, prepared by JEN Land Inc., dated June 15, 2004, with a final revision date of August 26, 2004 (page 1), said areas being located within the property legally described as follows: The Southwest Quarter of Section 32, Township 42 North, Range 7 East of the Third Principal Meridian, also part of the Southeast quarter of Section 32 aforesaid, described as follows: Beginning at the Northwest corner of the Southeast Quarter of said Section 32 and thence South on the Quarter Section Line 295-1/4 feet; thence East at right angles to a point in the middle of the highway, thence Northwesterly along the middle of said highway to the North line of said Quarter Section; thence West to the point of beginning; in Rutland Township, Kane County, Illinois. Section 2. That the City Council of the City of Elgin hereby grants the PMFR Planned Multiple Family Residential District which shall be designed, developed, and operated subject to the following provisions: A. Purpose and Intent. The purpose and intent of this PMFR zoning district is to provide a planned urban residential environment of the lowest standardized density for multiple family detached dwellings, subject to the provisions of Chapter 19.60 Planned Developments of the Elgin Municipal Code, 1976, as amended. The PMFR District is most similar to, but departs from the standard requirements of, the MFR Multiple 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. The exclusion of such symbol shall not exempt such word or phrase from the applicable supplementary regulation. VOLUME LXXI MARCH 22, 2006 201 C. General Provisions. In this PMFR 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 PMFR 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 PMFR zoning district should be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate PMFR 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 PMFR 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 PMFR District: Residence Division. 1. “Attached single family 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). 6. “Residential storage” [SR] (UNCL). 7. “Residential storage of trucks or buses” [SR] (UNCL). Municipal Services Division. 8. Public parks, recreation, open space (UNCL) on a “zoning lot” [SR] containing less than two acres of land. Finance, Insurance, and Real Estate Division. 9. “Development sales office” [SR] (UNCL). Services Division. 10. “Family residential care facility” [SR] (8361). 11. “Home child day care services” [SR] (8351). 12. “Residential Care Facility” [SR]. Construction Division 13. “Contractors office and equipment areas” [SR] (UNCL). Transportation, Communication, and Utilities Division. 14. “Amateur radio antennas” [SR] (UNCL). 15. “Commercial antennas and antenna structures mounted on existing structures” [SR] (UNCL). 16. “Radio and television antennas” [SR] (UNCL). 17. “Satellite dish antennas” [SR] (UNCL). 18. “Treatment, transmission, and distribution facilities: poles, wires, cables, conduits, laterals, vaults, pipes, mains, and valves” [SR] (UNCL). MARCH 22, 2006 VOLUME LXXI 202 Miscellaneous Uses Division. 19. “Fences and walls” [SR] (UNCL). 20. “Parking lots” [SR] (UNCL), exclusively “accessory” [SR], subject to the provisions of Chapter 19.45, Off Street Parking. 21. “Refuse collection area” [SR]. 22. “Signs” [SR] (UNCL), subject to the provisions of Chapter 19.50, Signs. 23. “Temporary uses” [SR] (UNCL). 24. “Accessory structures” [SR] (UNCL) to the permitted uses allowed in this PMFR Planned Multiple Family Residence District, subject to the provisions of Section 19.12.500, Accessory Structures and Buildings. 25. “Accessory uses” [SR] (UNCL) to the permitted uses allowed in this PMFR Planned Multiple Family Residence District, subject to the provisions of Section 19.20.400, Component Land Uses. In this PMFR 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 PMFR 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. “Conditional commercial antennas and antenna structures mounted on existing structures” [SR] (UNCL). 4. “Conditional commercial antenna tower” [SR] (UNCL) 5. “Other radio and television antennas” [SR] (UNCL). 6. “Other satellite dish antennas” [SR] (UNCL). 7. “Pipelines, except natural gas” (461). 8. “Treatment, transmission and distribution facilities: equipment, equipment buildings, towers, exchanges, substations, regulators” [SR] (UNCL). Miscellaneous Uses Division. 9. “Master signage plan” [SR], subject to the provisions of Chapter 19.50, Signs. 10. “Parking structures” [SR] (UNCL), exclusively “accessory” [SR]. 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. 12. “Accessory structures” [SR] (UNCL) to the conditional uses allowed in this PMFR Planned Multiple 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 PMFR Multiple Family Residence District, subject to the provisions of Section 19.10. 400, Component Land Uses. VOLUME LXXI MARCH 22, 2006 203 G. Site Design. In this PMFR 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 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, West Assemblage, prepared by JEN Land Design, Inc., and dated June 15, 2004 (identified as sheet 1 of 3), with a final revision date of August 26, 2004. b. Substantial conformance to the Preliminary PUD Plan for HPI – Elgin, West Assemblage, Sheets 2 and 3, prepared by JEN Land Design, Ltd., and dated June 15, 2004 (note that sheet 1 is titled Concept Plan for HPI – Elgin), with a final revision date of September 10, 2004. c. Substantial conformance to the Preliminary Engineering Improvement Plans for HPI Elgin Assemblage – West, sheets 100, 200, 201, 202, and 203, prepared by Cowhey Gudmonson Leder, Ltd., dated June 11, 2004, with a final revision date of December 4, 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 HPI Pingree Grove, L.L.C., Residential Images – Single Family Attached exhibit, prepared by HPI – Elgin, L.L.C, identified as Exhibit 14 in the City Council binder dated June 14, 2004. e. Substantial conformance to the Typical Foundation Planting Plans Multi Family Townhomes for HPI Elgin, L.L.C., prepared by Landworks Ltd., and dated June 25, 2004. f. Substantial conformance to the following landscape plans, prepared by JEN Land Design, dated June 15, 2004, with a final revision date of September 15, 2004: i. Landscape Guidelines for the West Assemblage, the Entry Landscape Concept – Plan View. ii. Neighborhood Three/Plank Road Estates Landscape Buffer Section – West Assemblage. iii. Typical Buffer Section – West Assemblage (detailing single family neighborhoods 2, 3, 4, 5, 6, & 7). iv. Typical Buffer Section – West Assemblage (detailing townhome neighborhood 6). g. Substantial conformance to the Architectural Standards for Single Family Detached and Single Family Attached Dwellings, identified as Exhibit in the City Council binder, and dated June 10, 2004, with a final revision date of December 3, 2004. h. Substantial conformance to the HPI Pingree Grove, L.L.C., - Site Amenities – Open Space & Parks exhibit prepared by HPI – Elgin, L.L.C, identified as Exhibit 19 in the City Council Binder. i. Substantial conformance to the HPI Pingree Grove, L.L.C., - Community Images – Entry Way and Signage exhibit, prepared by HPI – Elgin, L.L.C., identified as Exhibit 19 in the City Council Binder, with the MARCH 22, 2006 VOLUME LXXI 204 following exception: all signs must be monument style signs and shall conform to the surface area requirements of the sign ordinance. j. 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, with a final revision date of December 3, 2004. k. Notwithstanding any of the above conditions, the minimum floor area for an attached single family dwelling unit shall be 1,400 square feet. Floor area shall be calculated as defined by EMC Chapter 19, Zoning. Where this provision conflicts with any of the above conditions, this condition shall take precedent. l. Specific building elevations for all residential structures proposed to be constructed in this PMFR Planned Multiple Family Residence District shall be submitted to the City’s Community Development Director for review and approval. The standards for such review and approval shall be the terms of this ordinance and other applicable ordinances and other requirements of law. m. Additions to any residential structures on the Subject Property shall only be permitted to the rear elevations of such structures and no additions shall be permitted to the front and/or side elevations on any such residential structures. H. Off-street Parking. In this PMFR 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 PMFR 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 PMFR zoning district, signs shall be subject to the provisions of Chapter 19.50, Signs, of the Elgin Municipal Code, 1976, as amended or as otherwise provided for within this ordinance. All signs shall also be subject to paragraph G., Site Design, of this ordinance, subject to review and approval by the Community Development Group, and subject to substantial conformance to the HPI Pingree Grove, L.L.C., - Community Images – Entry Way and Signage exhibit, prepared by HPI – Elgin, L.L.C., with the following exception: all signs must be monument style signs and shall conform to the surface area requirements of the sign ordinance. K. Amendments. In this PMFR 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 PMFR zoning district authorize such an application. VOLUME LXXI MARCH 22, 2006 205 L. Planned Developments. In this PMFR 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 PMFR zoning district and without necessitating that all other property owners in this PMFR zoning district authorize such an application. M. Conditional Uses. In this PMFR 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 PMFR zoning district and without necessitating that all other property owners in this PMFR 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 PMFR zoning district and without necessitating that all other property owners in this PSFR1 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. 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. MARCH 22, 2006 VOLUME LXXI 206 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 22, 2006 Passed: March 22, 2006 Vote: Yeas: 7 Nays: 0 Recorded: March 23, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE G20-06 PASSED CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PAB PLANNED AREA BUSINESS DISTRICT -COMMERCIAL PARCEL (HPI- ELGIN, L.L.C., WEST ASSEMBLAGE-NORTH PORTION) 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. G20-06 AN ORDINANCE CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PAB PLANNED AREA BUSINESS DISTRICT Commercial Parcel (HPI-Elgin, L.L.C., West Assemblage – North Portion) 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 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 VOLUME LXXI MARCH 22, 2006 207 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 map, prepared by JEN Land Design, Inc, dated June 15, 2004, and last revised December 3, 2004, and designated in the PAB Planned Area Business District, and identified as “Commercial”, on the Preliminary PUD Plan, prepared by JEN Land Inc., dated June 15, 2004, with a final revision date of August 26, 2004 (page 1), said areas being located within the property legally described as follows: The Southwest Quarter of Section 32, Township 42 North, Range 7 East of the Third Principal Meridian, also part of the Southeast quarter of Section 32 aforesaid, described as follows: Beginning at the Northwest corner of the Southeast Quarter of said Section 32 and thence South on the Quarter Section Line 295-1/4 feet; thence East at right angles to a point in the middle of the highway, thence Northwesterly along the middle of said highway to the North line of said Quarter Section; thence West to the point of beginning; in Rutland Township, Kane County, Illinois. 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 population, 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 MARCH 22, 2006 VOLUME LXXI 208 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. 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). VOLUME LXXI MARCH 22, 2006 209 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). Fortunetellers (7999). 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). MARCH 22, 2006 VOLUME LXXI 210 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). 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). VOLUME LXXI MARCH 22, 2006 211 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: 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). MARCH 22, 2006 VOLUME LXXI 212 "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. "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). Coin-operated amusement establishments (7993). Dance halls (7911). VOLUME LXXI MARCH 22, 2006 213 Discotheques (7911). Drive-in motion picture theaters (7833). "Home child daycare services" [SR] (8351). Individual and family social services (832). Massage parlors (7299). "Motor vehicle repair shops" [SR] (753). "Motor vehicle top, body and upholstery repair shops, and paint shops" [SR] (7532). Organization hotels and lodging houses, on membership basis (704). Power laundries (7211). Recreational vehicle parks and campsites (7033). Sporting and recreational camps (7032). Steam baths (7299). Tattoo parlors (7299). "Teen clubs" [SR] (UNCL). Turkish baths (7299). 4. Retail Trade Division: Drive-in restaurants (5812). Firearms sales (5941). "Motor vehicle service stations" [SR] (554). "Package liquor sales establishments" [SR] (5921). Pawnshops (5932). 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: MARCH 22, 2006 VOLUME LXXI 214 "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. "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 VOLUME LXXI MARCH 22, 2006 215 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. 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 MARCH 22, 2006 VOLUME LXXI 216 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 22, 2006 Passed: March 22, 2006 Vote: Yeas: 7 Nays: 0 Recorded: March 23, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE G21-06 PASSED CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PCF PLANNED COMMUNITY FACILITY DISTRICT - OPEN SPACE PARCELS B, D AND E AND PARK SITES A AND C (HPI-ELGIN, L.L.C., WEST ASSEMBLAGE- NORTH PORTION) 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. VOLUME LXXI MARCH 22, 2006 217 Ordinance No. G21-06 AN ORDINANCE CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PCF PLANNED COMMUNITY FACILITY DISTRICT Open Space Parcels B, D and E and Park Sites A and C (HPI-Elgin, L.L.C. West Assemblage – North Portion) 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., dated June 15, 2004, with a final revision date of December 3, 2004, designated in the PCF Planned Community Facility District, and identified as “Open Space” Parcels B, D and E and “Park” Parcels A and C, on the Preliminary PUD Plan, prepared by JEN Land Inc., dated June 15, 2004, with a final revision date of August 26, 2004 (page 1), said areas being located within the property legally described as follows: The Southwest Quarter of Section 32, Township 42 North, Range 7 East of the Third Principal Meridian, also part of the Southeast quarter of Section 32 aforesaid, described as follows: Beginning at the Northwest corner of the Southeast Quarter of said Section 32 and thence South on the Quarter Section Line 295-1/4 feet; thence East at right angles to a point in the middle of the highway, thence MARCH 22, 2006 VOLUME LXXI 218 Northwesterly along the middle of said highway to the North line of said Quarter Section; thence West to the point of beginning; 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: 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. VOLUME LXXI MARCH 22, 2006 219 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. 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). MARCH 22, 2006 VOLUME LXXI 220 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). 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 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. Concept Plan for HPI – Elgin, West Assemblage, prepared by JEN Land Design, Inc. (identified as sheet 1 of 3) , dated June 15, 2004, and revised on August 26, 2004. VOLUME LXXI MARCH 22, 2006 221 b. Preliminary PUD Plan for HPI – Elgin, West Assemblage, Sheets 2 and 3, prepared by JEN Land Design, Ltd., dated June 15, 2004, and revised on September 10, 2004. c. Preliminary Engineering Improvement Plans for HPI Elgin Assemblage – East, prepared by Cowhey Gudmonson Leder, Ltd., sheets 100, 200, 201, 202, and 203, dated June 11, 2004, and revised on December 4, 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 following landscape plans, prepared by JEN Land Design, dated June 15, 2004, with a final revision date of September 15, 2004: i. Landscape Guidelines for the West Assemblage, the Entry Landscape Concept – Plan View. ii. Neighborhood Three/Plank Road Estates Landscape Buffer Section – West Assemblage. iii. Typical Buffer Section – West Assemblage (detailing single family neighborhoods 2, 3, 4, 5, 6, & 7). iv. Typical Buffer Section – West Assemblage (detailing townhome neighborhood 6). e. 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. 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. All signs shall also be subject to paragraph G., Site Design, of this ordinance, subject to review and approval by the Community Development Group, and subject to substantial conformance to the HPI Pingree Grove, L.L.C., - Community Images – Entry Way and Signage exhibit, prepared by HPI – Elgin, L.L.C., with the following exception: all signs must be monument style signs and shall conform to the surface area requirements of the sign ordinance. 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 MARCH 22, 2006 VOLUME LXXI 222 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. 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. VOLUME LXXI MARCH 22, 2006 223 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 22, 2006 Passed: March 22, 2006 Vote: Yeas: 7 Nays: 0 Recorded: March 23, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk MOTION TO CONSIDER AGENDA ITEMS O-11 THROUGH O-13 IN ONE MOTION Councilmember Sandor made a motion, seconded by Councilmember Kaptain, to approve Other Business Agenda Items 11 through 13 (Ordinance Numbers S7-06, G22-06, and G23-06 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 Sandor, to pass Ordinance Nos. S7-06, G22-06, and G23-06. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Sandor, Walters, and Mayor Schock. Nays: Councilmember Kaptain and Councilmember Rodgers. ORDINANCE S7-06 PASSED ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN (PORTIONS OF 901 AND 1000 CORRON ROAD) Councilmember Figueroa made a motion, seconded by Councilmember Sandor, 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. S7-06 AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN (Portions of 901 and 1000 Corron 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 MARCH 22, 2006 VOLUME LXXI 224 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 Northeast Quarter of Section 26, Township 41 North, Range 7, East of the Third Principal Meridian, described as follows: Beginning at the Southeast corner of Lot 10 in Unit No. 1 Saddlebrook, Plato Township, Kane County, Illinois; thence Easterly 80.00 feet to the East line of Corron Road; thence Southerly along said East line, 480.70 feet to the South line of said Northeast Quarter; thence Westerly a long the South line of said Northeast Quarter, 394.89 feet to a point 300.00 feet West of the West line of said Corron Road; thence Northerly, parallel with and 300.00 feet West of the West line of said Corron Road, 603.44 feet to the Southerly line of said Unit No. 1 Saddlebrook; thence Easterly, along said Southerly line, 335.78 feet to the place of beginning, in Kane County, Illinois. Described parcel containing 4.47 acres. Parcel 2: That part of the Southeast Quarter of Section 26, Township 41 North, Range 7, East of the Third Principal Meridian, described as follows: Beginning at the Northeast corner of the Southwest Quarter of the Southeast Quarter of said Section 26; thence Southerly along the East line of the Southwest Quarter of the Southeast Quarter of said Section 26, 89.52 feet (measure = 99.30 feet) to a line drawn parallel with and 175.20 feet Northerly (measured along a line drawn parallel with the centerline of Corron Road) of the North line of the South 1055.92 feet of the Southwest Quarter of the Southeast Quarter of said Section 26 (measured at right angles to the South lien of the Southwest Quarter of the Southeast Quarter of said Section 26); thence Westerly parallel with and 300.00 feet West of said West line, 1349.30 feet to the West line of the VOLUME LXXI MARCH 22, 2006 225 Northeast Quarter of the Southeast Quarter of said Section 26; thence Southerly along said West line, 845.82 feet; thence Easterly 94.92 feet to the East line of said Corron Road; thence Southerly, along said East line 354.78 feet to the south line of said Northeast Quarter of said Southeast Quarter; thence Westerly, along said South line, 60.89 feet to the place of beginning, in Kane County, Illinois. Described parcel containing 6.54 acres. 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 22, 2006 Passed: March 22, 2006 Vote: Yeas: 7 Nays: 0 Recorded: March 23, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE G22-06 PASSED CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PCF PLANNED COMMUNITY FACILITY DISTRICT (901 AND 1000 CORRON ROAD) TRACTS 19 AND 21) Councilmember Figueroa made a motion, seconded by Councilmember Sandor, 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.G22-06 AN ORDINANCE CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PCF PLANNED COMMUNITY FACILITY DISTRICT (Stonebrook Subdivision - 901 and 1000 Corron Road) (Tracts 19 and 21) WHEREAS, the territory herein described has been annexed to the City of Elgin; and MARCH 22, 2006 VOLUME LXXI 226 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: Those areas identified on the attached zoning exhibit map, prepared by Glen D. Krisch Land Surveyor, Inc., dated last revised April 5, 2005, Tracts 19 and 21 and designated in the PCF Planned Community Facility 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 on a not for profit basis. B. Supplementary Regulations. Any word or phrase contained herein, followed by the symbol “[SR]”, shall be subject to the definitions and the additional interpretive requirements provided in Chapter 19.90, Supplementary Regulations of the Elgin Municipal Code, 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 VOLUME LXXI MARCH 22, 2006 227 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). Construction Division. 6. "Contractors office and equipment areas" [SR] (UNCL). Transportation, Communication and Utilities Division. 7. "Commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL). 8. "Radio and television antennas" [SR] (UNCL). 9. "Satellite dish antennas" [SR] (UNCL). 10. "Treatment, transmission, and distribution facilities: poles, wires, cables, conduits, laterals, vaults, pipes, mains, and valves" [SR] (UNCL). Miscellaneous Uses Division. 11. "Fences and walls" [SR] (UNCL). 12. "Loading facilities" [SR] (UNCL), exclusively "accessory" [SR], subject to the provisions of Chapter 19.47, Off Street Loading. 13. "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. MARCH 22, 2006 VOLUME LXXI 228 14. "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. 15. "Refuse collection area" [SR]. 16. "Storage Tanks" [SR] (UNCL). 17. "Signs" [SR] (UNCL), subject to the provisions of Chapter 19.50, Signs. 18. "Temporary uses" [SR] (UNCL). 19. "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. 20. "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. Child day care services (835). 2. "Institutional child day care services" [SR] (8351). 3. Job training and vocational rehabilitation service. 4. Social services not elsewhere classified (839). 5. Sporting and recreational camps (7032). Mining Division. 6. "Temporary mining" [SR] (UNCL). Transportation, Communication and Utilities Division. 7. "Conditional commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL). 8. "Conditional Commercial Antenna Tower" [SR] (UNCL). 9. "Other radio and television antennas" [SR] (UNCL). 10. "Other satellite dish antennas" [SR] (UNCL). 11. Pipelines, except natural gas (461). 12. Refuse systems (4953). 13. "Treatment, transmission, and distribution facilities: equipment, equipment buildings, towers, exchanges, substations, regulators" [SR] (UNCL). Miscellaneous Uses Division. 14. "Master signage plan" [SR], subject to the provisions of Chapter 19.50, Signs. 15. "Parking lots" [SR] (UNCL), subject to the provisions of Chapter 19.45, Off-Street Parking. 16. "Parking structures" [SR] (UNCL). 17. "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. VOLUME LXXI MARCH 22, 2006 229 18. "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. 19. "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 district, the use and development of land and structures shall be subject to the following conditions: 1. Zoning Lots - Generally. In the CF zoning district, "zoning lots" [SR] shall be subject to the provisions of Section 19.12.300, Zoning Lots Clarifications and Exceptions. 2. Lot Area. In the CF zoning district, the minimum required "zoning lot area" [SR] shall be 20,000 square feet. 3. Lot Width. In the CF zoning district, the minimum required "lot width" [SR] for a zoning lot shall be 125 linear feet. 4. Setbacks - Generally. In the CF zoning district, "setbacks" [SR] shall be subject to the provisions of Section 19.12.400, Setbacks Clarifications and Exceptions. 5. Setbacks by Lot Line. In this PCF zoning district, all existing setbacks located on the park site shall be considered lawful conforming setbacks. Any new structure shall be developed in conformance with the following requirements: a. Building Setbacks. 1. Street Setback. The minimum required building setback from a "street lot line" [SR] shall be calculated as follows: Street setback (StS) in linear feet shall equal the area of a zoning lot (ZLA) in square feet minus 20,000 square feet; the difference times .000019428; the product plus 25 linear feet. Minimum street setback can be expressed by the following formula: StS = [(ZLA 20,000) x .000019428] + 25. 2. Interior Setback. The minimum required building setback from an "interior lot line" [SR] shall be calculated as follows: MARCH 22, 2006 VOLUME LXXI 230 Interior setback (IS) in linear feet shall equal the area of a zoning lot (ZLA) in square feet minus 20,000 square feet; the difference times .000015542; the product plus five linear feet. Minimum interior setback can be expressed by the following formula: IS = [(ZLA 20,000) x .000015542] + 5. 3. Transition Setback. The minimum required building setback from a "transition lot line" [SR] shall be calculated as follows: Transition setback (TS) in linear feet shall equal the area of a zoning lot (ZLA) in square feet minus 20,000 square feet; the difference times .000038856; the product plus 50 linear feet. Minimum transition setback can be expressed by the following formula: TS = [(ZLA 20,000) x .000038856] + 50. b. Vehicle Use Area Setbacks. 1. Street Setback. For zoning lots with a "vehicle use area" [SR], the minimum required vehicle use area setback from a street lot line shall be calculated as follows: Vehicle use area street setback (VUAStS) in linear feet shall equal the area of a zoning lot (ZLA) in square feet minus 20,000 square feet; the difference times .000013211; the product plus eight linear feet. Minimum vehicle use area setback can be expressed by the following formula: VUAStS = [(ZLA 20,000) x .000013211] + 8. 2. Interior Setback. For zoning lots with a vehicle use area, the minimum required vehicle use area setback from an interior lot line shall be six linear feet. 6. Accessory Structures and Buildings. In this PCF zoning district, "accessory structures and buildings" [SR] shall be subject to the provisions of Section 19.12.500, Accessory Structures and Buildings. 7. Yards - Generally. In this PCF zoning district, a "street yard" [SR], a "side yard" [SR], or a "rear yard" [SR] or a "transition landscape 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. 8. Landscape Yards. In this PCF zoning district, landscape yards shall be as follows: VOLUME LXXI MARCH 22, 2006 231 a. Transition Landscape Yards. A "transition landscape yard" [SR] shall be provided adjoining the entire length of a transition lot line. Transition landscape yards shall be subject to the provisions of Section 19.12.700, Landscaping. The depth of the transition landscape yard shall be one half of the required transition setback calculated in Section 19.30.135, E., c. Transition Setback. b. Vehicle Use Area Landscape Yards. The yards established by vehicle use area setbacks from a street lot line and from an interior lot line shall be used as "vehicle use area landscape yards" [SR] with the exception of access driveways as provided in Section 19.45.100, Access Driveways to a Public Right of Way and Section 19.45.110, Size of Driveways. Vehicle use area landscape yards shall be subject to the provisions of Section 19.12.700, Landscaping. c. Interior Landscape Yards. "Interior landscape yards" [SR] shall be installed on a zoning lot featuring a "vehicle use area" [SR], which exceeds 5,000 square feet in area, subject to the provisions of Section 19.12.700, Landscaping. 9. Floor Area. In the CF zoning district, the maximum "floor area" [SR] for a zoning lot shall be calculated as follows: Floor area (FA) in square feet shall equal the area of a zoning lot (ZLA) in square feet minus 20,000 square feet; the difference times .4985; the product plus 12,000 square feet. Maximum floor area can be expressed by the following formula: FA = [(ZLA 20,000) x .4985] + 12,000. 10. Building Coverage. In the CF zoning district, the maximum "building coverage" (SR) for a zoning lot shall be calculated as follows: Building coverage (BC) in square feet shall equal the area of a zoning lot (ZLA) in square feet minus 20,000 square feet; the difference times .4016; the product plus 6,000 square feet. Maximum building coverage can be expressed by the following formula: BC = [(ZLA 20,000) x .4016] + 6,000. 11. Landscaping. In this PCF zoning district, landscaping shall be installed in substantial conformance with the Preliminary Landscape Plan (Sheets 1-3) prepared by George Kay and Associates and Land Vision, Inc., dated February 7, 2005. 12. Supplementary Conditions. In this PCF zoning district, the use and development of land and structures for the sites other than the publicly owned park sites shall also be subject to the following conditions: MARCH 22, 2006 VOLUME LXXI 232 a. Substantial conformance with the Annexation, Zoning and Subdivision Application and Planned Development Plan, dated February 11, 2005, as revised, including: 1. Design Review Process and Requirements for Stonebrook 2. Preliminary Plat (Sheets 1-4), prepared by Land Vision, Inc. dated February 8, 2005. 3. Preliminary Landscape Plan, prepared by George Kay and Associates and Land Vision, Inc., dated February 7, 2005. 4. Entrance Monumentations/Sign Exhibit, prepared by George Kay and Associates and Land Vision, Inc., dated April 4, 2005. 5. Preliminary Engineering, prepared by Christopher B. Burke Engineering West, Ltd., dated February 11, 2005. b. 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. The maximum surface area of a “Development Sign” [SR] shall be 84 square feet. 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, the use and development of the land and structures 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. VOLUME LXXI MARCH 22, 2006 233 N. Variations In this PCF zoning district, the use and development of the land and structures shall be subject to the provisions of Chapter 19.70, Variations of the Elgin Municipal Code, 1976, as amended. A variation may be requested by an individual 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. 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 immediately after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: March 22, 2006 Passed: March 22, 2006 Vote: Yeas: 7 Nays: 0 Recorded: March 23, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk MARCH 22, 2006 VOLUME LXXI 234 ORDINANCE G23-06 PASSED CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT (901 AND 1000 CORRON ROAD) (TRACT 22) Councilmember Figueroa made a motion, seconded by Councilmember Sandor, 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.G23-06 AN ORDINANCE CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT (Stonebrook Subdivision - 901 and 1000 Corron Road) (Tract 22) 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: The area identified on the attached zoning exhibit map, prepared by Glen D. Krisch Land Surveyor, Inc., dated last revised April 5, 2005, as Tract 22 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: VOLUME LXXI MARCH 22, 2006 235 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). MARCH 22, 2006 VOLUME LXXI 236 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. VOLUME LXXI MARCH 22, 2006 237 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, and in the Annexation Agreement. In this PSFR2 zoning district, the site design regulations shall be as follows: 1. Zoning Lots - Generally. In this PSFR2 zoning district, "zoning lots" [SR] shall be subject to the provisions of Section 19.12.300, Zoning Lots - Clarifications and Exceptions, of the Elgin Zoning Ordinance. 2. Lot Area. In this PSFR2 zoning district, the minimum required "zoning lot area" [SR] shall be 10,000 square feet per dwelling unit, and in substantial conformance to the Preliminary Plat (Sheets 1-4) prepared by Land Vision, Inc., and dated February 8, 2005. 3. Lot Width. In this PSFR2 zoning district, the minimum required "lot width" [SR] for a zoning lot shall be in substantial conformance to the Preliminary Plat (Sheets 1-4) prepared by Land Vision, Inc., and dated February 8, 2005. 4. Setbacks - Generally. In this PSFR2 zoning district, "setbacks" [SR] shall be subject to the provisions of the Elgin Zoning Ordinance, Section 19.12.400, Setbacks - Clarifications and Exceptions. 5. Setbacks by Lot Line. In this PSFR2 zoning district, the minimum required "building" [SR] "setbacks" [SR] for a zoning lot shall be in substantial conformance to the Preliminary Plat (Sheets 1-4) prepared by Land Vision, Inc., and dated February 8, 2005. 6. Accessory Structures and Buildings. In this PSFR2 zoning district, "accessory structures and buildings" [SR] shall be subject to the provisions of Section 19.12.500, Accessory Structures and Buildings, of the Elgin Zoning Ordinance. 7. Yards. In this PSFR2 zoning district, a "street yard" [SR], a "side yard" [SR], or a "rear yard" [SR] established by a required building setback or by the actual location of a building shall be subject to the provisions of Section 19.12.600, Obstructions in Yards, of the Elgin Zoning Ordinance. 8. Residential Floor Area. In this PSFR2 zoning district, the maximum "residential floor area" [SR] for a single family zoning lot shall equal the “zoning lot area” [SR] times 0.40 (40%). MARCH 22, 2006 VOLUME LXXI 238 9. Building Coverage. In this PSFR2 zoning district, the maximum "building coverage" [SR] for a single family zoning lot shall equal the “zoning lot area” [SR] times 0.35 (35%). 10. Accessory Building Coverage. In this PSFR2 zoning district, the maximum "accessory building coverage" [SR] for a single family zoning lot shall equal the “zoning lot area” [SR] times 0.10 (10%). 11. Vehicle Use Area. In this PSFR2 zoning district, the maximum "vehicle use area" [SR] for a single family zoning lot shall be one thousand four hundred (1,400) square feet. 12. Landscaping. In this PSFR2 zoning district, each zoning lot shall be subject to a landscape review for any proposed construction or landscape element which will be viewed from a public street by the Architectural Review Committee for Stonebrook Subdivision. 13. Supplementary Conditions. In this PSFR2 zoning district, the use and development of land and structures shall also be subject to the following conditions: c. Substantial conformance with the Annexation, Zoning and Subdivision Application and Planned Development Plan, dated February 11, 2005, as revised, including: 1. Design Review Process and Requirements for Stonebrook 2. Architectural Design Standards for Stonebrook (Sheets 1-3 of 4), prepared by Miniscalco Architects, Ltd. and Land Vision, Inc. 3. Preliminary Plat (Sheets 1-4), prepared by Land Vision, Inc. dated February 8, 2005. 4. Preliminary Landscape Plan, prepared by George Kay and Associates and Land Vision, Inc., dated February 7, 2005. 5. Entrance Monumentations/Sign Exhibit, prepared by George Kay and Associates and Land Vision, Inc., dated April 4, 2005. 6. Preliminary Engineering, prepared by Christopher B. Burke Engineering West, Ltd., dated February 11, 2005. d. Conformance with all applicable codes and ordinances. c. Additions to any residential structures on the subject property shall only be permitted to the rear elevations of such structures and no additions shall be permitted to the front and/or side elevations on any such residential structures. 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. VOLUME LXXI MARCH 22, 2006 239 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 required by the City Engineer and the Development Administrator, and the provisions of the Annexation Agreement. MARCH 22, 2006 VOLUME LXXI 240 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 immediately after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: March 22, 2006 Passed: March 22, 2006 Vote: Yeas: 7 Nays: 0 Recorded: March 23, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE G24-06 PASSED AMENDING CHAPTER 2.40 ENTITLED "FIRE DEPARTMENT" OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED Councilmember Sandor 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. G24-06 AN ORDINANCE AMENDING CHAPTER 2.40 ENTITLED "FIRE DEPARTMENT" OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED WHEREAS, the City of Elgin is a home rule unit pursuant to the Constitution of the State of Illinois; and VOLUME LXXI MARCH 22, 2006 241 WHEREAS, as a home rule unit the City of Elgin may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, the establishment of exempt ranks and the procedures for the appointment and removal of persons in such exempt ranks in the City of Elgin fire department pertains to the government and affairs of the City of Elgin. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 2.40.030 entitled "Appointment of Members" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended to read as follows: "2.40.030: APPOINTMENT OF MEMBERS: A. All regular members of the fire department, except the fire chief, assistant fire chiefs, battalion fire chiefs and fire marshal, shall be appointed or promoted by the board of fire and police commissioners as provided by law except as provided in this section as follows: 1. The fire chief, with the approval of the city manager, shall select from among the three (3) highest ranked candidates on any eligibility list when making original appointments to the fire department. Any such candidate not selected shall retain their position on the eligibility list. No such candidate for original appointment shall fail to be selected more than twice during the term of any applicable eligibility list in favor of any candidate who has been ranked lower on any such eligibility list. 2. In the event more than one candidate is appointed simultaneously, the appointee's overall score on the eligibility list shall determine seniority. 3. The provisions of this section shall apply on to new appointees and shall not apply to applicants for promotions. 4. In the case of any conflict of any provision of this chapter with any provision of the statutory provisions for board of fire and police commissioners at 65 Illinois Compiled Statutes 5/10-2/1-1 et seq., as amended, the provisions of this chapter shall supersede any such statutory provisions and shall control. B. The chief of the fire department is and shall be an exempt rank and shall be appointed or promoted by the city manager and shall be subject to removal by the city manager. The assistant fire chiefs, battalion fire chiefs and fire marshal are and shall be exempt ranks and positions shall be MARCH 22, 2006 VOLUME LXXI 242 appointed or promoted by the city manager upon the recommendation of the fire chief and shall be subject to removal by the city manager. If a member of the fire department is appointed or promoted fire chief, assistant fire chief, battalion fire chief or fire marshal prior to being eligible to retire on pension, such member shall be considered as on furlough from the rank held immediately prior to his appointment to any of such positions. If a member is involuntarily removed from an exempt rank, but is not discharged from the fire department, prior to attaining eligibility to retire on pension such member shall revert to and be established in such prior rank, and thereafter shall be entitled to all the benefits and emoluments of such prior rank, without regard as to whether a vacancy then exists in such rank. The provisions of 65 ILCS 5/10-2.1-4, as amended, shall not apply to appointments, promotions or removals for the positions of chief of the fire department, assistant fire chiefs, battalion fire chiefs and fire marshal." Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 3. That this ordinance shall be in full force and effect upon its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: March 22, 2006 Passed: March 22, 2006 Vote: Yeas: 7 Nays: 0 Recorded: March 23, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-71 ADOPTED IN SUPPORT OF GETTING TO WORK IN KANE COUNTY Councilmember Figueroa made a motion, seconded by Councilmember Rodgers, 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 22, 2006 243 Resolution No. 06-71 RESOLUTION IN SUPPORT OF GETTING TO WORK IN KANE COUNTY WHEREAS, by connecting the workforce to area jobs, transportation is a key factor in creating vibrant, sustainable local economies; and WHEREAS, new job growth has been in commercial and industrial corridors in contiguous or outlying areas not presently served by existing mass transit; and WHEREAS, representatives of local government, business and community-based organizations have identified specific route enhancements to extend transit service to areas of rapid job growth, including the Randall Road Corridor from St. Charles to Algonquin and developing a county-wide subsidized taxi service to broaden transportation coverage; and WHEREAS, there is an opportunity to seek $950,000 in state matching funds for this project; and WHEREAS, these proposed route enhancements would provide access to at least 40% of all jobs on Randall Road and 30% of businesses; and WHEREAS, these proposed services would carry 340,000 new riders annually. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS that the City of Elgin takes a position in support of the Governor and the Illinois General Assembly including $950,000 in matching funds for the "Getting to Work in Kane County" project in the State of Illinois Fiscal 2007 budget and urge the Governor and Illinois lawmakers to make funding of this project a high priority in this and upcoming legislative sessions. s/ Ed Schock Ed Schock, Mayor Presented: March 22, 2006 Adopted: March 22, 2006 Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk MARCH 22, 2006 VOLUME LXXI 244 AUTHORIZATION OF PAYMENTS TO VARIOUS VENDORS Councilmember Sandor made a motion, seconded by Councilmember Walters, 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 Ill Environmental Protection Agency Springfield, IL $17,550.00 Lab and Field Test Service Lundstrom Insurance Agency Elgin, IL $215,220.00 Insurance for City Motorola Chicago, IL $89,652.00 CAD Maintenance Support Agreement CONSENT AGENDA By unanimous consent, Councilmember Kaptain made a motion, seconded by Councilmember Rodgers, to pass Ordinance Nos.G14-06 through G17-06 and G25-06, and Ordinance Nos. T2-06 through T16-06 and adopt Resolution Nos.06-60 through 06-70 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. RESOLUTION 06-60 ADOPTED AUTHORIZING EXECUTION OF A SPECIAL EVENT CO-SPONSORSHIP AGREEMENT WITH THE PRAIRIE ROCK BREWING COMPANY Councilmember Kaptain made a motion, seconded by Councilmember Rodgers, 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. 06-60 RESOLUTION AUTHORIZING EXECUTION OF A SPECIAL EVENT CO-SPONSORSHIP AGREEMENT WITH THE PRAIRIE ROCK BREWING COMPANY 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 Prairie Rock Brewing Company for a brew fest to be held June 16 and 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 22, 2006 245 Presented: March 22, 2006 Adopted: March 22, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-61 ADOPTED AUTHORIZING THE DISPOSITION OF SURPLUS RUBBER FLOORING TO THE ELGIN RECREATION CENTER Councilmember Kaptain made a motion, seconded by Councilmember Rodgers, 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. 06-61 RESOLUTION AUTHORIZING THE DISPOSITION OF SURPLUS RUBBER FLOORING TO THE ELGIN RECREATION CENTER WHEREAS, it is the opinion of the corporate authorities of the City of Elgin that certain rubber flooring located at the Hemmens Exhibition Hall is no longer necessary or useful to the City of Elgin and constitutes surplus materials; and WHEREAS, said rubber flooring is needed and useful to the Elgin Recreation Center. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City Manager is authorized and directed to donate and transfer all right, title, interest and possession of the surplus rubber flooring located at the Hemmens Exhibition Hall to the Elgin Recreation Center. s/ Ed Schock Ed Schock, Mayor MARCH 22, 2006 VOLUME LXXI 246 Presented: March 22, 2006 Adopted: March 22, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-62 ADOPTED APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS Councilmember Kaptain made a motion, seconded by Councilmember Rodgers, 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. 06-62 RESOLUTION APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Carolyn Hissong be and is hereby appointed as a member of the Board of Fire and Police Commissioners, to fulfill the unexpired term of Charles Miller, for a term to expire May 1, 2006. s/ Ed Schock Ed Schock, Mayor Presented: March 22, 2006 Adopted: March 22, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-63 ADOPTED AUTHORIZING ACCEPTANCE OF ILLINOIS DEPARTMENT OF TRANSPORTATION HIGHWAY SAFETY PROJECT GRANT AGREEMENT (SEATBELT ENFORCEMENT) Councilmember Kaptain made a motion, seconded by Councilmember Rodgers, 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 22, 2006 247 Resolution No. 06-63 RESOLUTION AUTHORIZING ACCEPTANCE OF ILLINOIS DEPARTMENT OF TRANSPORTATION HIGHWAY SAFETY PROJECT GRANT AGREEMENT (SEATBELT ENFORCEMENT) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin, Illinois hereby accepts the Illinois Department of Transportation Highway Safety Project Grant in the amount of $8,736 for seatbelt enforcement. BE IT FURTHER RESOLVED that Olufemi Folarin, City Manager, is hereby authorized and directed to execute all documents necessary in conjunction with the subject grant program. s/ Ed Schock Ed Schock, Mayor Presented: March 22, 2006 Adopted: March 22, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-64 ADOPTED AUTHORIZING EXECUTION OF A GRANT AGREEMENT WITH THE KANE-COOK COUNTY AUTO THEFT TASK FORCE Councilmember Kaptain made a motion, seconded by Councilmember Rodgers, 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. 06-64 RESOLUTION AUTHORIZING EXECUTION OF A GRANT AGREEMENT WITH KANE-COOK COUNTY AUTO THEFT TASK FORCE 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 Grant Agreement with the Kane-Cook County Auto Theft Task Force on MARCH 22, 2006 VOLUME LXXI 248 behalf of the City of Elgin for the 2006 Kane-Cook County Auto Theft Task Force, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: March 22, 2006 Adopted: March 22, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-65 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH MOTOROLA, INC. FOR THE PURCHASE OF MOBILE DATA TERMINALS AND RADIOS Councilmember Kaptain made a motion, seconded by Councilmember Rodgers, 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. 06-65 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH MOTOROLA, INC. FOR THE PURCHASE OF MOBILE DATA TERMINALS AND RADIOS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interests of the city; and BE IT RESOLVED 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 Motorola, Inc. for the purchase of four Motorola MW 800 Mobile Data Terminals and six public safety VHF band radios for use in police vehicles, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor VOLUME LXXI MARCH 22, 2006 249 Presented: March 22, 2006 Adopted: March 22, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-66 ADOPTED AUTHORIZING EXECUTION OF A VAN USE AGREEMENT WITH NORTHERN ILLINOIS SPECIAL RECREATION ASSOCIATION Councilmember Kaptain made a motion, seconded by Councilmember Rodgers, 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. 06-66 RESOLUTION AUTHORIZING EXECUTION OF A VAN USE AGREEMENT WITH NORTHERN ILLINOIS SPECIAL RECREATION ASSOCIATION 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 the Northern Illinois Special Recreation Association for van use for 2006, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: March 22, 2006 Adopted: March 22, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk MARCH 22, 2006 VOLUME LXXI 250 RESOLUTION 06-67 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH ENVIRONMENTAL SAFETY GROUP, INC. FOR PURCHASE OF THERMAL IMAGING CAMERAS Councilmember Kaptain made a motion, seconded by Councilmember Rodgers, 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. 06-67 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH ENVIRONMENTAL SAFETY GROUP, INC. FOR PURCHASE OF THERMAL IMAGING CAMERAS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED that Olufemi Folarin, City Manager, be and is hereby authorized and directed to execute and agreement on behalf of the City of Elgin with Environmental Safety Group, Inc. for the purchase of four Bullard T3 XT Thermal Imaging Cameras, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: March 22, 2006 Adopted: March 22, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-68 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH CHRISTOPHER BURKE ENGINEERING FOR THE CONTINENTAL ON THE FOX/ELGIN SHORES FOREST PRESERVE PROJECT Councilmember Kaptain made a motion, seconded by Councilmember Rodgers, 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 22, 2006 251 Resolution No. 06-68 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH CHRISTOPHER BURKE ENGINEERING, LTD. FOR THE CONTINENTAL ON THE FOX/ELGIN SHORES FOREST PRESERVE PROJECT 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 Christopher Burke Engineering, Ltd. for the Continental on the Fox/Elgin Shores Forest Preserve Project, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: March 22, 2006 Adopted: March 22, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-69 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH INTEGRIAN, INC., D/B/A DP TECHNOLOGIES FOR THE PURCHASE OF MOBILE VIDEO SYSTEMS FOR POLICE DEPARTMENT VEHICLES Councilmember Kaptain made a motion, seconded by Councilmember Rodgers, 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. 06-69 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH INTEGRIAN INC., D/B/A DP TECHNOLOGIES FOR PURCHASE OF MOBILE VIDEO SYSTEMS FOR POLICE DEPARTMENT VEHICLES 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 Integrian, Inc. for the purchase of mobile video systems for police department vehicles, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor MARCH 22, 2006 VOLUME LXXI 252 Presented: March 22, 2006 Adopted: March 22, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE G14-06 PASSED AMENDING CERTAIN PARKING RESTRICTIONS WITHIN THE CITY OF ELGIN Councilmember Kaptain made a motion, seconded by Councilmember Rodgers, 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. G14-06 AN ORDINANCE AMENDING CERTAIN PARKING RESTRICTIONS WITHIN THE CITY OF ELGIN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 11.60 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by amending Section 11.14.035 entitled "Left Turns Prohibited" to add the following locations: From Weld Road onto westbound Route 20 From eastbound Lawrence Avenue onto northbound Route 31 Section 2. That Chapter 11.60 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by adding to the list of streets where parking is prohibited under Section 11.60.050O the following: Billings Street - East - Between Washburn and Oak Street Between the hours of 8:00 A.M. to 9:00 A.M. and 2:00 P.M. and 3:00 P.M. on school days Highland Avenue, West, south side, between Crystal Avenue to Hamilton Avenue Highland Avenue, West, north side, between State Street and Hamilton Avenue Horace Drive, both sides, between the hours of 8:00 A.M. to 4:00 P.M. on school days. VOLUME LXXI MARCH 22, 2006 253 Section 3. That Chapter 11.60 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by deleting from the list of streets where parking is prohibited under Section 11.60.050O the following: Highland Avenue, West, South side, Crystal Avenue to Monroe Street, between the hours of 2:00 a.m. and 8:00 a.m. Section 4. That Chapter 11.60 of the Elgin Municipal Code, 1976, as amended, be and is hereby amended by amending Section 11.60.083 entitled "One Hour Parking Zones" to delete the following: Prairie Street, both sides thereof, from South Grove Avenue to Wellington Avenue Section 5. That Chapter 11.60 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by amending Section 11.60.083.2 entitled "Ninety Minute Parking Zones" to read as follows: South Spring Street, east side thereof, from the former railroad right of way southerly to DuPage Street, except for the northernmost twenty feet (20') Section 6. That Chapter 11.60 of the Elgin Municipal Code, 1976, as amended, be and is hereby amended by amending Section 11.60.084 entitled "Two Hour Parking Zones" to read as follows: Chicago Street Bridge, south side thereof, from the Commuter Rail Division of RTA tracks to Riverside Drive, except for the westerly two spaces. Section 7. That Chapter 11.60 of the Elgin Municipal Code, 1976, as amended, be and is hereby amended by amending Section 11.60.084.5 entitled "Four Hour Parking Zones" to read as follows: South Grove Avenue, east side thereof, from a point 173 feet south of the intersection with Prairie Street to Lake Street Section 8. That Chapter 11.60 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by amending Section 11.60.086 entitled "Ten Hour Parking Zones" by deleting from the list the following locations: Municipal parking lot at the South West corner of Prairie Street and Wellington Avenue. Section 9. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. MARCH 22, 2006 VOLUME LXXI 254 Section 10. That this ordinance shall be in full force and effect ten days after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: March 22, 2006 Passed: March 22, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: March 23, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE G15-06 PASSED GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT TO PERMIT THE CONSTRUCTION OF A PARKING LOT IN THE RC3 RESIDENCE CONSERVATION DISTRICT (441 FREMONT STREET) Councilmember Kaptain made a motion, seconded by Councilmember Rodgers, 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. G15-06 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT TO PERMIT THE CONSTRUCTION OF A PARKING LOT IN THE RC3 RESIDENCE CONSERVATION DISTRICT (441 Fremont Street) WHEREAS, written application has been made for a conditional use for a planned development which will allow for the construction of a parking lot within the RC3 Residence Conservation District at 441 Fremont Street; and WHEREAS, the Zoning and Subdivision Hearing Board conducted a public hearing after due notice by publication and has submitted its findings of fact and recommended approval; and WHEREAS, the City Council of the City of Elgin concurs in the findings and recommendation of the Zoning and Subdivision Hearing Board. VOLUME LXXI MARCH 22, 2006 255 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 February 1, 2006, made by the Zoning and Subdivision Hearing Board, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That a conditional use for a planned development which will allow for the construction of a parking lot within the RC3 Residence Conservation District at 441 Fremont Street and legally described as follows: The North ½ of the East ½ of the West ¾ of Lot 2 T. Schoonhoven’s Addition to Elgin, in the City of Elgin, Kane County, Illinois (Property Commonly Known as 441 Fremont Street). be and is hereby granted subject to the following conditions: 1. Substantial conformance to the Statement of Purpose and Conformance submitted by James Marks, undated. 2. Substantial conformance to the Site Plan/Landscape Plan for Bethesda Church of God in Christ Site Plan Parking Lot at 441 Fremont Street, to include parallel parking with a total number of parking stalls not to exceed 14, prepared by Mary C. Marre dated November 22, 2005 and last dated revised January 10, 2006 by James Marks. 3. Conformance with all applicable codes and ordinances. Section 3. That the conditional use granted herein shall expire if not established within two years from the date of passage of this ordinance. 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 22, 2006 Passed: March 22, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: March 23, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk MARCH 22, 2006 VOLUME LXXI 256 ORDINANCE G16-06 PASSED GRANTING A CONDITIONAL USE FOR A CHILD DAY CARE CENTER (2496 BUSHWOOD DRIVE) Councilmember Kaptain made a motion, seconded by Councilmember Rodgers, 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. G16-06 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A CHILD DAY CARE CENTER (2496 Bushwood Drive) WHEREAS, written application has been made for a conditional use for a child day care center in the PAB Planned Area Business District at 2496 Bushwood Drive; and WHEREAS, the Zoning and Subdivision Hearing Board conducted a public hearing after due notice by publication and has submitted its Findings of Fact and recommended approval; and WHEREAS, the City Council of the City of Elgin concurs in the findings and recommendation of the Zoning and Subdivision Hearing Board. 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 made by the Zoning and Subdivision Hearing Board, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That a conditional use for a child day care center in the PAB Planned Area Business District and legally described as follows: Lots 29-31 inclusive, the north 11.00 feet (as measured at right angles thereto) of Lot 32 in the Final Plat of Subdivision of The Grove, being a Resubdivision in the Southeast Quarter of Section 19, and in the Northeast Quarter of Section 30, all in Township 42 North, Range 8 East of the Third Principal Meridian, according to the Plat thereof recorded September 23, 2004 as Document 2004K125816, in the City of Elgin, Kane County, Illinois (Property Commonly Known as 2496 Bushwood Drive). be and is hereby granted subject to the following conditions: 1. Substantial conformance with the Statement of Purpose and Conformance submitted by Steve Slaw on behalf of Chris and Sheryl Nelson, undated. VOLUME LXXI MARCH 22, 2006 257 2. Substantial conformance to the Development Plan, inclusive of the following plan sheets: a. Dimensional Site Plan, prepared by Cowhey Gudmundson Leder, Ltd, dated February 1, 2006. b. Site Geometry, prepared by Cowhey Gudmundson Leder, Ltd, dated January 13, 2006. c. Photometric Plan, prepared by D. Mirow, dated January 17, 2006. d. Sign Elevation Drawing, prepared by Landmark Sign Group, dated February 3, 2006. e. Exterior Building Elevations, prepared by American Landmark Architecture Associates, Inc., dated January 30, 2006. f. Building Floor Plan, prepared by American Landmark Architecture Associates, Inc., dated January 30, 2006. 3. Compliance with all applicable codes and ordinances. Section 3. That the conditional use granted herein shall expire if not established within one year from the date of passage of this ordinance. 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 22, 2006 Passed: March 22, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: March 23, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE G17-06 PASSED GRANTING A CONDITIONAL USE FOR A PROFESSIONAL AND SEMIPROFESSIONAL ATHLETIC ARENA IN THE PCF PLANNED COMMUNITY FACILITY DISTRICT AND THE ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT (1151 NORTH STATE STREET) Councilmember Kaptain made a motion, seconded by Councilmember Rodgers, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. MARCH 22, 2006 VOLUME LXXI 258 Ordinance No. G17-06 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A PROFESSIONAL AND SEMIPROFESSIONAL ATHLETIC ARENA IN THE PCF PLANNED COMMUNITY FACILITY DISTRICT AND THE ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT (1151 North State Street) WHEREAS, written application has been made requesting conditional use approval for a professional and semiprofessional athletic arena in the PCF Planned Community Facility District and the ARC Arterial Road Corridor Overlay District 1151 North State Street; and WHEREAS, the Zoning and Subdivision Hearing Board conducted a public hearing after due notice by publication and has submitted its findings of fact and recommended approval; and WHEREAS, the City Council of the City of Elgin concurs in the findings and recommendation of the Zoning and Subdivision Hearing Board. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 2. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated February 15, 2006, made by the Zoning and Subdivision Hearing Board, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 3. That a conditional use to permit the operation of a professional and semiprofessional athletic arena in the PCF Planned Community Facility District and the ARC Arterial Road Corridor Overlay District at 1151 North State Street and legally described as follows: Parcel One: That Part Of The South 1/2 Of Section 2, Township 41 North, Range 8 East Of The Third Principal Meridian, Described As Follows: Beginning At The Intersection Of The Center Line Of A Public Highway (Route No. 22) With The South Line Of Section 2; Thence Northerly Along Said Center Line On A Curve To The Right 235.0 Feet; Thence North 31 Degrees, 57 Minutes, 0 Seconds East Along Said Center Line 100.0 Feet; Thence North Along Said Center Line On A Curve To The Left 386.5 Feet; Thence North 16 Degrees, 05 Minutes, 0 Seconds East Along Said Center Line 100.0 Feet; Thence Northerly Along Said Center Line On A Curve To The Right 137.4 Feet; Thence South 65 Degrees, 59 Minutes, 0 Seconds East 133.9 Feet; Thence South 40 Degrees, 09 Minutes, 0 Seconds East 303.8 Feet; Thence South 84 Degrees, 49 Minutes, 0 Seconds East 397.7 Feet; Thence South 58 Degrees, 40 Minutes, 0 Seconds East 1043.88 Feet To The South Line Of Said Section; Thence West Along Said South Line 1995.10 Feet To The Point Of Beginning; (Except That Part Lying Westerly Of The VOLUME LXXI MARCH 22, 2006 259 Center Line Of The Highway As Originally Located); In The City Of Elgin, Kane County, Illinois. Parcel Two: That Part Of The South 1/2 Of Section 2, Township 41 North, Range 8 East Of The Third Principal Meridian, Described As Follows: Commencing At The Point Of Intersection Of The Old Center Line Of State Bond Issue Route 22, Now State Route No. 31, With The South Line Of Said Section 2; Thence East Along Said South Line 119.50 Feet To The Easterly Line Of State Bond Issue Route 22 As Established By Instrument Dated April 12, 1957, And Recorded November 1, 1957 In Map Book 38, Page 29 As Document 848175; Thence Northeasterly Along Said Easterly Line On A Curve To The Right Having A Radius Of 2,610.89 Feet (The Chord Of Said Curve Forms An Angle Of 69 Degrees, 47 Minutes, 0 Seconds To The Left With The Prolongation Of The Last Described Course), A Distance Of 205.5 Feet; Thence Northeasterly Along Said Easterly Line, Being Tangent To The Last Described Curve, A Distance Of 316.89 Feet; Thence Northeasterly Along Said Easterly Line On A Curve To The Left Having A Radius Of 4,986.15 Feet, A Distance Of 383.9 Feet For The Point Of Beginning; Thence Northeasterly Along Said Easterly Line, Being Along A Curve To The Left Having A Radius Of 4,986.15 Feet, A Distance Of 230 Feet; Thence Northeasterly Along A Line That Forms An Angle Of 15 Degrees, 56 Minutes, 0 Seconds To The Right With The Prolongation Of The Chord Of The Last Described Curve, A Distance Of 118.07 Feet; Thence Southeasterly Along A Line That Forms An Angle Of 106 Degrees, 30 Minutes, 0 Seconds To The Right With The Prolongation Of The Last Described Course, A Distance Of 196.82 Feet; Thence Northeasterly At Right Angles To The Last Described Course, Being Parallel With The Southeasterly Line Of Parcel No. N-4d-65. 3 Acquired By The Illinois Toll Highway Commission Through Proceedings Filed In The Circuit Court Of Kane County As Case No. 57-305, A Distance Of 297.79 Feet; Thence Northwesterly At Right Angles To The Last Described Course 246.52 Feet To The Southeasterly Line Of Said Parcel No. N-4d-65. 3; Thence Northeasterly Along Said Southeasterly Line, Being At Right Angles To The Last Described Course, 227.97 Feet To The Most Westerly Corner Of Riverside Manor, Unit No. 1, Being A Subdivision Of Part Of Section 2, Township 41 North, Range 8 East Of The Third Principal Meridian; Thence South 10 Degrees, 44 Minutes, 0 Seconds East Along The Westerly Line Of Said Riverside Manor, Unit No. 1, 554.15 Feet To The Southwest Corner Of Lot 9 Of Said Unit No. 1; Thence Easterly Along The Southerly Line Of Said Lot 9, 72 Feet; Thence South 10 Degrees, 44 Minutes, 0 Seconds East Parallel With The Extension Of The Westerly Line Of Said Lot 9, 175 Feet; Thence Westerly Parallel With The Southerly Line Of Said Lot 9, 72 Feet; Thence South 10 Degrees, 44 Minutes, 0 Seconds East Along The Extension Of The Westerly Line Of Said Lot 9, 308.33 Feet; Thence North 58 Degrees, 40 Minutes, 0 Seconds West 24 Feet; Thence North 84 Degrees, 49 Minutes, 0 Seconds West 397.7 Feet; Thence North 40 Degrees, 09 Minutes, 0 Seconds West 303.8 Feet; Thence North 65 Degrees, 59 MARCH 22, 2006 VOLUME LXXI 260 Minutes, 0 Seconds West 77.79 Feet To The Point Of Beginning; In The City Of Elgin, Kane County, Illinois. Parcel Three: That Part Of The South Half Of Section 2, Township 41 North, Range 8 East Of The Third Principal Meridian, Described As Follows: Commencing At The Point Of Intersection The Center Line Of State Route No. 31 With The South Line Of Said Of Section; Thence Northerly Along Said Center Line On A Curve To The Right 235 Feet; Thence North 31 Degrees 57 Minutes East Along Said Center Line 100 Feet; Thence Northerly Along Said Center Line On A Curve To The Left 386.5 Feet; Thence North 16 Degrees 5 Minutes East Along Said Center Line 100 Feet; Thence Northerly Along Said Center Line On A Curve To The Right 137.4 Feet; Thence South 65 Degrees 59 Minutes East A Distance Of 56.11 Feet To The Easterly Line Of State Bond Issue Route 22 (Federal Aid Route 23) By Document No. 848175; Thence Northeasterly Along Said Easterly Line, Being Along A Curve To The Left Having A Radius Of 4986.15 Feet (The Chord Of Said Curve Forms An Angle Of 97 Degrees 40 Minutes To The Left With The Prolongation Of The Last Described Course), A Distance Of 230 Feet; Thence Northeasterly Along A Line That Forms An Angle Of 15 Degrees 56 Minutes To The Right With The Prolongation Of The Chord Of The Last Described Curve, A Distance Of 118.07 Feet For The Point Of Beginning; Thence Southeasterly Along A Line That Forms An Angle Of 106 Degrees 30 Minutes To The Right With The Prolongation Of The Last Described Course A Distance Of 196.82 Feet; Thence Northeasterly At Right Angle To The Last Described Course; Being Parallel With The Southeasterly Line Of Parcel No. N-4d-65.3 Acquired By The Illinois Toll Highway Commission Through Proceedings Filed In The Circuit Court Of Kane County As Case No. 57-305, A Distance Of 297.79 Feet; Thence Northwesterly At Right Angle The Last Described Course, A Distance Of 246.52 Feet To The Southeasterly Line Of Said Parcel No. N-4d-65.3; Thence Southwesterly Along The Southeasterly Line Of Said Parcel No. N-4d-65.3 A Distance Of 130.0 Feet; Thence Southwesterly, A Distance Of 175.0 Feet To The Point Of Beginning, In The City Of Elgin, Kane County, Illinois. Parcel Four: Lot 4 Of Riverside Manor, Unit 1, Being A Subdivision Of Part Of Section 2, Township 41 North, Range 8 East Of The Third Principal Meridian, In The City Of Elgin, In Kane County, Illinois. Parcel Five: The Westerly 72 Feet Of Lots 8 And 9 Of Riverside Manor, Unit 1, Being A Subdivision Of Part Of Section 2, Township 41 North, Range 8 East Of The Third Principal Meridian, In The City Of Elgin, In Kane County, Illinois. VOLUME LXXI MARCH 22, 2006 261 Parcel Six: That Part Of The Southeast Quarter Of Section 2, Township 41 North, Range 8 East Of The Third Principal Meridian, Described As Follows: Beginning At The Southwest Corner Of Lot 9 Of Riverside Manor, Unit No. 1, Being A Subdivision Of Part Of Section 2, Township 41 North, Range 8 East Of The Third Principal Meridian; Thence Easterly Along The Southerly Line Of Lot 9 A Distance Of 72 Feet To The Point Of Beginning; Thence South 10 Degrees 44 Minutes East Parallel With The Westerly Line Extended Of Said Lot 9 A Distance Of 175 Feet; Thence Easterly Parallel With The Southerly Line Of Said Lot 9, 171.33 Feet To The Westerly Line, Extended Southerly, Of Tyler Lane, As Located Along The Easterly Line Of Said Lot 9; Thence Northerly Along Said Extended Westerly Line, On A Curve To The Left, Having A Radius Of 1175.94 Feet A Distance Of 107.71 Feet To The Southerly Line Of Said Unit No. 1; Thence Westerly Along Said Southerly Line 58.05 Feet To An Angle In Said Southerly Line; Thence Northerly At Right Angles To The Last Described Course 66 Feet To The Southerly Line Of Said Lot 9; Thence Westerly Along Said Southerly Line 129.96 Feet To The Point Of Beginning, (Except That Part Of The Northwest 1/4 Of Section 2, Township 41 North, Range 8 East Of The Third Principal Meridian, And Part Of Vacated Tyler Lane In Riverside Manor Subdivision Unit 1, Being A Subdivision Of Part Of Said Section 2, Described As Follows: Commencing At The Southwest Corner Of Lot 9 Of Said Riverside Manor Unit No. 1; Thence North 86 Degrees 33 Minutes 00 Seconds East Along The South Line Of Said Lot 9, A Distance Of 101.88 Feet For The Point Of Beginning; Thence South 10 Degrees 37 Minutes 03 Seconds East 119.55 Feet; Thence South 58 Degrees 23 Minutes 10 Seconds East 51.72 Feet; Thence North 83 Degrees 1 Minutes 22 Seconds East 104.86 Feet To The West Line Of Lot 36 Of Riverside Manor Unit 2, A Subdivision Of Section 2 Aforesaid; Thence North 06 Degrees 16 Minutes 07 Seconds West Along Said West Line 76.35 Feet To The Northwest Corner Of Said Lot 36; Thence Northerly Along The Westerly Right Of Way Line Of Tyler Lane Being On A Curve To The Left And Having A Radius Of 1175.94 Feet, An Arc Distance Of 66.42 Feet To The Southeast Corner Of Lot 9 Aforesaid; Thence South 86 Degrees 33 Minutes 00 Seconds West Along The South Line Of Said Lot, 150.08 Feet To The Point Of Beginning, In The City Of Elgin, Kane County, Illinois. Parcel Seven: That Part Of The Northwest 1/4 Of Section 2, Township 41 North, Range 8 East Of The Third Principal Meridian, And Part Of Vacated Tyler Lane In Riverside Manor Subdivision Unit 1, Being A Subdivision Of Part Of Said Section 2, Described As Follows: Commencing At The Southwest Corner Of Lot 9 Of Said Riverside Manor Unit No. 1; Thence North 86 Degrees 33 Minutes 00 Seconds East Along The South Line Of Said Lot 9, A Distance Of 101.88 Feet For The Point Of Beginning; Thence South 10 Degrees 37 Minutes 03 Seconds East 119.55 Feet; Thence South 58 Degrees 23 Minutes 10 Seconds East 51.72 Feet; MARCH 22, 2006 VOLUME LXXI 262 Thence North 83 Degrees 11 Minutes 22 Seconds East 104.86 Feet To The West Line Of Lot 36 Of Riverside Manor Unit 2, A Subdivision Of Section 2 Aforesaid; Thence North 06 Degrees 16 Minutes 07 Seconds West Along Said West Line 76.35 Feet To The Northwest Corner Of Said Lot 36; Thence Northerly Along The Westerly Right Of Way Line Of Tyler Lane Being On A Curve To The Left And Having A Radius Of 1175.94 Feet, An Arc Distance Of 66.42 Feet To The Southeast Corner Of Lot 9 Aforesaid; Thence South 86 Degrees 33 Minutes 00 Seconds West Along The South Line Of Said Lot, 150.08 Feet To The Point Of Beginning, In The City Of Elgin, Kane County, Illinois. Parcel Eight: That Part Of The Southeast Fractional Quarter Of Section 2, Township 41 North, Range 8 East Of The Third Principal Meridian, Described As Follows: Commencing At The Southwest Corner Of Lot 9 Of Riverside Manor, Unit No. 1, Being A Subdivision Of Part Of Section 2, Township 41 North, Range 8 East Of The Third Principal Meridian; Thence South 10 Degrees 44 Minutes East Along The Westerly Line Extended Southerly Of Said Lot 9, 483.33 Feet; Thence Southeasterly Along A Line Forming An Angle Of 47 Degrees 56 Minutes To The Left With The Prolongation Of The Last Described Course, 1019.88 Feet To The South Line Of Said Southeast Quarter For The Point Of Beginning; Thence Northwesterly Along The Last Described Course 1019.88 Feet To The Westerly Line Extended Southerly Of Said Lot 9; Thence North 10 Degrees 44 Minutes West Along Said Extended Westerly Line 308.33 Feet To A Point 175 Feet Southerly Of The Southwest Corner Of Said Lot 9; Thence Easterly Parallel With The Southerly Line Of Said Lot 9, 243.33 Feet To The Westerly Line Of Lot 36 Of Riverside Manor, Unit No. 2; Thence South 5 Degrees 18 Minutes East Along The Westerly Line Of Said Lot 36, 27.78 Feet To An Angle Point In Said Line; Thence South 57 Degrees 41 Minutes East Along The Southwesterly Line Of Said Lot 36, 143.37 Feet To An Angle Point In Said Line; Thence North 80 Degrees 22 Minutes East Along The Southerly Line And Southerly Line Extended Of Said Lot 36, 600.6 Feet To The Southeast Corner Of Lot 40 Of Said Riverside Manor, Unit No. 2; Thence North 9 Degrees 38 Minutes West 190 Feet To The Northeast Corner Of Said Lot 40; Thence North 11 Degrees 34 Minutes East 70.79 Feet To The Southeast Corner Of Lot 41 Of Said Riverside Manor, Unit No. 2; Thence North 80 Degrees 22 Minutes East Along The Northerly Line Extended Easterly Of Hazel Drive As Platted In Said Riverside Manor, Unit No. 2, 296 Feet; Thence North 10 Degrees 08 Minutes West 52.52 Feet; Thence Northerly Along A Curve To The Right Having A Radius Of 727.45 Feet And Being Tangent To The Last Described Course, 292.01 Feet; Thence North 12 Degrees 52 Minutes East Tangent To The Last Described Curve 124.56 Feet; Thence North 89 Degrees 34 Minutes East 281.15 Feet To A Line Drawn Parallel With And 537.33 Feet West Of, (Measured Along The Southerly Line Of A Tract Of Land Conveyed To Northern Illinois Gas Company By Deed Recorded November 28, 1958 In Book 1932, Page 239, As Document 876705) The East Line Of Said Southeast Quarter; Thence South 0 Degrees 26 Minutes East Along Said Parallel Line 1506.74 Feet To A Point 2495 Feet South Of, Measured Along Said Parallel Line, The VOLUME LXXI MARCH 22, 2006 263 Southerly Line Of Said Northern Illinois Gas Company Tract; Thence North 77 Degrees 40 Minutes 40 Seconds West 274.64 Feet; Thence Southwesterly To A Point On The South Line Of Said Southeast Quarter Which Is 144 Feet East Of The Point Of Beginning; Thence West Along Said South Line 144 Feet To The Point Of Beginning; (Except That Part Lying Northerly Of The Northerly Line Extended Easterly Of Hazel Drive, Being Also Northerly Line Of Roadway Easement Document 1462802, In The City Of Elgin, Kane County, Illinois (Property commonly known as 1151 North State Street). be and is hereby granted subject to the following conditions: 1. Substantial conformance to the letter prepared by Jim Cook, Head Men’s and Woman’s Basketball Coach, dated December 19, 2005. 2. Attendance shall be limited to a maximum of 900 people at each event. 3. Compliance with all other applicable codes and ordinances. Section 4. That the conditional use granted herein shall expire if not established within one year from the date of passage of this ordinance. Section 5. 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 22, 2006 Passed: March 22, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: March 23, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-70 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH TRANSYSTEMS CORPORATION FOR THE CENTRAL BUSINESS DISTRICT STREET RESURFACING FOR THE CENTRAL BUSINESS DISTRICT STREET RESURFACING AND STREETSCAPE PROGRAM Councilmember Kaptain made a motion, seconded by Councilmember Rodgers, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. MARCH 22, 2006 VOLUME LXXI 264 Resolution No. 06-70 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH TRANSYSTEMS CORPORATION FOR THE CENTRAL BUSINESS DISTRICT STREET RESURFACING AND STREETSCAPE PROGRAM 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 Transystems Corporation for the Central Business District Street Resurfacing and Streetscape Program, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: March 22, 2006 Adopted: March 22, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE T2-06 PASSED ABATING THE ANNUAL TAX FOR 2005 FOR GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2005B Councilmember Kaptain made a motion, seconded by Councilmember Rodgers, 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. T2-06 AN ORDINANCE ABATING THE ANNUAL TAX FOR 2005 FOR GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2005B WHEREAS, the City of Elgin will have sufficient funds on hand to pay the tax levied by Ordinance S13-05, An Ordinance Providing for the Issuance of $9,715,000 General Obligation Refunding Bonds, Series 2005B, of the City of Elgin, Kane and Cook Counties, Illinois, and Providing for the Levy and Collection of a Direct Annual Tax for the Payment of the Principal of and Interest on said Bonds; and WHEREAS, the levy of the tax for the year 2005 provided in the ordinance is unnecessary. VOLUME LXXI MARCH 22, 2006 265 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the County Clerks of Kane and Cook Counties, are hereby authorized and directed to abate the tax of $404,725 for the year 2005 as provided and levied in the ordinance providing for the issuance of $9,715,000 General Obligation Refunding Bonds, Series 2005B, passed April 27, 2005, a copy of which was filed with each of said county clerks. Section 2. That the City Clerk is authorized and directed to file a certified copy of this ordinance with the County Clerks of Kane and Cook Counties, Illinois, prior to April 12, 2006. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: March 22, 2006 Passed: March 22, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: March 23, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE T3-06 PASSED ABATING THE ANNUAL TAX FOR 2005 FOR GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 1997A Councilmember Kaptain made a motion, seconded by Councilmember Rodgers, 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. T3-06 AN ORDINANCE ABATING THE ANNUAL TAX FOR 2005 FOR GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 1997A WHEREAS, the City of Elgin will have sufficient funds on hand to pay the tax levied by Ordinance S8-97, An Ordinance Providing for the Issuance of $4,860,000 General Obligation MARCH 22, 2006 VOLUME LXXI 266 Corporate Purpose Bonds, Series 1997A, of the City of Elgin, Kane and Cook Counties, Illinois, and Providing for the Levy and Collection of a Direct Annual Tax for the Payment of the Principal of and Interest on said Bonds; and WHEREAS, the levy of the tax for the year 2005 provided in the ordinance is unnecessary. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the County Clerks of Kane and Cook Counties, are hereby authorized and directed to abate the tax of $62,425 for the year 2005 as provided and levied in the ordinance providing for the issuance of $4,860,000 Corporate Purpose Bonds, Series 1997A, passed May 14, 1997, a copy of which was filed with each of said county clerks. Section 2. That the City Clerk is authorized and directed to file a certified copy of this ordinance with the County Clerks of Kane and Cook Counties, Illinois, on or before April 12, 2006. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: March 22, 2006 Passed: March 22, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: March 23, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE T4-06 PASSED ABATING A PORTION OF THE ANNUAL TAX FOR 2005 FOR GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 1999 Councilmember Kaptain made a motion, seconded by Councilmember Rodgers, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. VOLUME LXXI MARCH 22, 2006 267 Ordinance No. T4-06 AN ORDINANCE ABATING A PORTION OF THE ANNUAL TAX FOR 2005 FOR GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 1999 WHEREAS, the City of Elgin will have sufficient funds on hand to pay a portion of the tax levied by Ordinance S4-99, an Ordinance providing for the issuance of $9,750,000 General Obligation Corporate Purpose Bonds, Series 1999, of the City of Elgin, Kane and Cook Counties, Illinois, and providing for the Levy and Collection of a Direct Annual Tax for the payment of the Principal of and Interest on said Bonds; and WHEREAS, the levy of the tax for the year 2005 provided in the ordinance is unnecessary. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the County Clerks of Kane and Cook Counties, are hereby authorized and directed to abate the tax of $375,135 for the year 2005 as provided and levied in the ordinance providing for the issuance of $9,750,000 General Obligation Corporate Purpose Bonds, Series 1999, passed May 12, 1999, a copy of which was filed with each of said county clerks. Section 2. That the City Clerk is authorized and directed to file a certified copy of this ordinance with the County Clerks of Kane and Cook Counties, Illinois, on or before April 12, 2006. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: March 22, 2006 Passed: March 22, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: March 23, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk MARCH 22, 2006 VOLUME LXXI 268 ORDINANCE T5-06 PASSED ABATING THE ANNUAL TAX FOR 2005 FOR GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2003A Councilmember Kaptain made a motion, seconded by Councilmember Rodgers, 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. T5-06 AN ORDINANCE ABATING THE ANNUAL TAX FOR 2005 FOR GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2003A WHEREAS, the City of Elgin will have sufficient funds on hand to pay the tax levied by Ordinance S6-03, An Ordinance Providing for the Issuance of $3,700,000 General Obligation Corporate Purpose Bonds, Series 2003A, of the City of Elgin, Kane and Cook Counties, Illinois, and Providing for the Levy and Collection of a Direct Annual Tax for the Payment of the Principal of and Interest on said Bonds; and WHEREAS, the levy of the tax for the year 2005 provided in the ordinance is unnecessary. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the County Clerks of Kane and Cook Counties, are hereby authorized and directed to abate the tax of $272,760 for the year 2005 as provided and levied in the ordinance providing for the issuance of $3,700,000 General Obligation Corporate Purpose Bonds, Series 2003A, passed April 23, 2003, a copy of which was filed with each of said county clerks. Section 2. That the City Clerk is authorized and directed to file a certified copy of this ordinance with the County Clerks of Kane and Cook Counties, Illinois, prior to April 12, 2006. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor VOLUME LXXI MARCH 22, 2006 269 Presented: March 22, 2006 Passed: March 22, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: March 23, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE T6-06 PASSED ABATING A PORTION OF THE ANNUAL TAX FOR 2005 FOR GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2003 Councilmember Kaptain made a motion, seconded by Councilmember Rodgers, 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. T6-06 AN ORDINANCE ABATING A PORTION OF THE ANNUAL TAX FOR 2005 FOR GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2003 WHEREAS, the City of Elgin will have sufficient funds on hand to pay a portion of the tax levied by Ordinance S1-03, an Ordinance providing for the issuance of $15,625,000 General Obligation Refunding Bonds, Series 2003, of the City of Elgin, Kane and Cook Counties, Illinois, and providing for the Levy and Collection of a Direct Annual Tax for the payment of the Principal of and Interest on said Bonds; and WHEREAS, the levy of the tax for the year 2005 provided in the ordinance is unnecessary. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the County Clerks of Kane and Cook Counties, are hereby authorized and directed to abate a portion of the tax of $2,071,238 for the year 2005 as provided and levied in the ordinance providing for the issuance of $15,625,000 General Obligation Refunding Bonds, Series 2003, passed January 22, 2003, a copy of which was filed with each of said county clerks; said tax shall be abated by reducing said sum $1,689,828 and extending a tax for the year 2005 in the amount of $381,410 against all taxable property situated in the City of Elgin, Kane and Cook Counties, Illinois. MARCH 22, 2006 VOLUME LXXI 270 Section 2. That the City Clerk is authorized and directed to file a certified copy of this ordinance with the County Clerks of Kane and Cook Counties, Illinois, on or before April 12, 2006. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: March 22, 2006 Passed: March 22, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: March 23, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE T7-06 PASSED ABATING A PORTION OF THE ANNUAL TAX FOR 2005 FOR GENERAL OBLIGATION REFUNDING BONDS, SERIES 2004A Councilmember Kaptain made a motion, seconded by Councilmember Rodgers, 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. T7-06 AN ORDINANCE ABATING A PORTION OF THE ANNUAL TAX FOR 2005 FOR GENERAL OBLIGATION REFUNDING BONDS, SERIES 2004A WHEREAS, the City of Elgin will have sufficient funds on hand to pay a portion of the tax levied by Ordinance S4-98, An Ordinance Providing for the Issuance of $11,860,000 General Obligation Corporate Purpose Bonds, Series 2004A, of the City of Elgin, Kane and Cook Counties, Illinois, and Providing for the Levy and Collection of a Direct Annual Tax for the Payment of the Principal of and Interest on said Bonds; and WHEREAS, the levy of the tax for the year 2005 provided in the ordinance is unnecessary. VOLUME LXXI MARCH 22, 2006 271 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the County Clerks of Kane and Cook Counties, are hereby authorized and directed to abate a portion of the tax of $1,001,013 for the year 2005 as provided and levied in the ordinance providing for the issuance of $11,760,000 General Obligation Corporate Purpose Bonds, Series 2004A, passed April 14, 2004, a copy of which was filed with each of said county clerks; said tax shall be abated by reducing said sum $501,600 and extending a tax for the year 2005 in the amount of $499,413 against all taxable property situated in the City of Elgin, Kane and Cook Counties, Illinois. Section 2. That the City Clerk is authorized and directed to file a certified copy of this ordinance with the County Clerks of Kane and Cook Counties, Illinois, on or before April 12, 2006. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: March 22, 2006 Passed: March 22, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: March 23, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE T8-06 PASSED ABATING THE ANNUAL TAX FOR 2005 FOR GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2004B Councilmember Kaptain made a motion, seconded by Councilmember Rodgers, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. MARCH 22, 2006 VOLUME LXXI 272 Ordinance No. T8-06 AN ORDINANCE ABATING THE ANNUAL TAX FOR 2005 FOR GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2004B WHEREAS, the City of Elgin will have sufficient funds on hand to pay the tax levied by Ordinance S13-04, An Ordinance Providing for the Issuance of $5,435,000 General Obligation Refunding Bonds, Series 2004B, of the City of Elgin, Kane and Cook Counties, Illinois, and Providing for the Levy and Collection of a Direct Annual Tax for the Payment of the Principal of and Interest on said Bonds; and WHEREAS, the levy of the tax for the year 2005 provided in the ordinance is unnecessary. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the County Clerks of Kane and Cook Counties, are hereby authorized and directed to abate the tax of $553,313 for the year 2005 as provided and levied in the ordinance providing for the issuance of $5,435,000 General Obligation Refunding Bonds, Series 2004B, passed April 14, 2004, a copy of which was filed with each of said county clerks. Section 2. That the City Clerk is authorized and directed to file a certified copy of this ordinance with the County Clerks of Kane and Cook Counties, Illinois, prior to April 12, 2006. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: March 22, 2006 Passed: March 22, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: March 23, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk VOLUME LXXI MARCH 22, 2006 273 ORDINANCE T9-06 PASSED ABATING THE ANNUAL TAX FOR 2005 FOR GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2005A Councilmember Kaptain made a motion, seconded by Councilmember Rodgers, 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. T9-06 AN ORDINANCE ABATING THE ANNUAL TAX FOR 2005 FOR GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2005A WHEREAS, the City of Elgin will have sufficient funds on hand to pay the tax levied by Ordinance S3-05, An Ordinance Providing for the Issuance of $11,365,000 General Obligation Refunding Bonds, Series 2005A, of the City of Elgin, Kane and Cook Counties, Illinois, and Providing for the Levy and Collection of a Direct Annual Tax for the Payment of the Principal of and Interest on said Bonds; and WHEREAS, the levy of the tax for the year 2005 provided in the ordinance is unnecessary. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the County Clerks of Kane and Cook Counties, are hereby authorized and directed to abate the tax of $582,406 for the year 2005 as provided and levied in the ordinance providing for the issuance of $11,365,000 General Obligation Refunding Bonds, Series 2005A, passed January 12, 2005, a copy of which was filed with each of said county clerks. Section 2. That the City Clerk is authorized and directed to file a certified copy of this ordinance with the County Clerks of Kane and Cook Counties, Illinois, prior to April 12, 2006. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor MARCH 22, 2006 VOLUME LXXI 274 Presented: March 22, 2006 Passed: March 22, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: March 23, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE T10-06 PASSED ABATING THE ANNUAL TAX FOR 2005 FOR GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 1996A Councilmember Kaptain made a motion, seconded by Councilmember Rodgers, 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. T10-06 AN ORDINANCE ABATING THE ANNUAL TAX FOR 2005 FOR GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 1996A WHEREAS, the City of Elgin will have sufficient funds on hand to pay the tax levied by Ordinance S14-96, An Ordinance Providing for the Issuance of $21,640,000 General Obligation Corporate Purpose Bonds, Series 1996A, of the City of Elgin, Kane and Cook Counties, Illinois, and Providing for the Levy and Collection of a Direct Annual Tax for the Payment of the Principal of and Interest on said Bonds; and WHEREAS, the levy of the tax for the year 2005 provided in the ordinance is unnecessary. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the County Clerks of Kane and Cook Counties, are hereby authorized and directed to abate the tax of $121,538 for the year 2005 as provided and levied in the ordinance providing for the issuance of $21,640,000 General Obligation Corporate Purpose Bonds, Series 1996A, passed December 4, 1996, a copy of which was filed with each of said county clerks Section 2. That the City Clerk is authorized and directed to file a certified copy of this ordinance with the County Clerks of Kane and Cook Counties, Illinois, on or before April 12, 2006. VOLUME LXXI MARCH 22, 2006 275 Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: March 22, 2006 Passed: March 22, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: March 23, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE T11-06 PASSED ABATING THE ANNUAL TAX FOR 2005 FOR GENERAL OBLIGATION REFUNDING BONDS, SERIES 1998B Councilmember Kaptain made a motion, seconded by Councilmember Rodgers, 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. T11-06 AN ORDINANCE ABATING A PORTION OF THE ANNUAL TAX FOR 2005 FOR GENERAL OBLIGATION REFUNDING BONDS, SERIES 1998B WHEREAS, the City of Elgin will have sufficient funds on hand to pay a portion of the tax levied by Ordinance S4-98, An Ordinance Providing for the Issuance of $40,775,000 General Obligation Corporate Refunding Bonds, Series 1998B, of the City of Elgin, Kane and Cook Counties, Illinois, and Providing for the Levy and Collection of a Direct Annual Tax for the Payment of the Principal of and Interest on said Bonds; and WHEREAS, the levy of the tax for the year 2005 provided in the ordinance is unnecessary. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the County Clerks of Kane and Cook Counties, are hereby authorized and directed to abate a portion of the tax of $5,661,940 for the year 2005 as provided and levied MARCH 22, 2006 VOLUME LXXI 276 in the ordinance providing for the issuance of $40,775,000 General Obligation Corporate Refunding Bonds, Series 1998B, passed April 8, 1998, a copy of which was filed with each of said county clerks; said tax shall be abated by reducing said sum $2,560,798 and extending a tax for the year 2005 in the amount of $3,101,142 against all taxable property situated in the City of Elgin, Kane and Cook Counties, Illinois. Section 2. That the City Clerk is authorized and directed to file a certified copy of this ordinance with the County Clerks of Kane and Cook Counties, Illinois, on or before April 12, 2006. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: March 22, 2006 Passed: March 22, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: March 23, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE T12-06 PASSED ABATING A PORTION OF THE ANNUAL TAX FOR 2005 FOR GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2000 Councilmember Kaptain made a motion, seconded by Councilmember Rodgers, 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. T12-06 AN ORDINANCE ABATING A PORTION OF THE ANNUAL TAX FOR 2005 FOR GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2000 WHEREAS, the City of Elgin will have sufficient funds on hand to pay a portion of the tax levied by Ordinance S2-00, an Ordinance providing for the issuance of $24,810,000 General Obligation Corporate Purpose Bonds, Series 2000, of the City of Elgin, Kane and Cook VOLUME LXXI MARCH 22, 2006 277 Counties, Illinois, and providing for the Levy and Collection of a Direct Annual Tax for the payment of the Principal of and Interest on said Bonds; and WHEREAS, the levy of the tax for the year 2005 provided in the ordinance is unnecessary. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the County Clerks of Kane and Cook Counties, are hereby authorized and directed to abate a portion of the tax of $1,776,045 for the year 2005 as provided and levied in the ordinance providing for the issuance of $24,810,000 General Obligation Corporate Purpose Bonds, Series 2000, passed April 26, 2000, a copy of which was filed with each of said county clerks, said tax shall be abated by reducing said sum $1,655,370 and extending a tax for the year 2005 in the amount of $120,675 against all taxable property situated in the City of Elgin, Kane and Cook Counties, Illinois. Section 2. That the City Clerk is authorized and directed to file a certified copy of this ordinance with the County Clerks of Kane and Cook Counties, Illinois, on or before April 12, 2006. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: March 22, 2006 Passed: March 22, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: March 23, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE T13-06 PASSED ABATING THE ANNUAL TAX FOR 2005 FOR GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2001A Councilmember Kaptain made a motion, seconded by Councilmember Rodgers, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. MARCH 22, 2006 VOLUME LXXI 278 Ordinance No. T13-06 AN ORDINANCE ABATING THE ANNUAL TAX FOR 2005 FOR GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2001A WHEREAS, the City of Elgin will have sufficient funds on hand to pay the tax levied by Ordinance S4-01, an Ordinance providing for the issuance of $5,525,000 General Obligation Refunding Bonds, Series 2001A, of the City of Elgin, Kane and Cook Counties, Illinois, and providing for the Levy and Collection of a Direct Annual Tax for the payment of the Principal of and Interest on said Bonds; and WHEREAS, the levy of the tax for the year 2005 provided in the ordinance is unnecessary. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the County Clerks of Kane and Cook Counties, are hereby authorized and directed to abate a portion of the tax of $557,243 for the year 2005 as provided and levied in the ordinance providing for the issuance of $5,525,000 General Obligation Refunding Bonds, Series 2001A, passed April 25, 2001, a copy of which was filed with each of said county clerks, said tax shall be abated by reducing said sum $340,373 and extending a tax for the year 2005 in the amount of $216,870 against all taxable property situated in the City of Elgin, Kane and Cook Counties, Illinois. Section 2. That the City Clerk is authorized and directed to file a certified copy of this ordinance with the County Clerks of Kane and Cook Counties, Illinois, on or before April 12, 2006. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: March 22, 2006 Passed: March 22, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: March 23, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk VOLUME LXXI MARCH 22, 2006 279 ORDINANCE T14-06 PASSED ABATING A PORTION OF THE ANNUAL TAX FOR 2005 FOR GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2001B Councilmember Kaptain made a motion, seconded by Councilmember Rodgers, 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. T14-06 AN ORDINANCE ABATING A PORTION OF THE ANNUAL TAX FOR 2005 FOR GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2001B WHEREAS, the City of Elgin will have sufficient funds on hand to pay a portion of the tax levied by Ordinance S5-01, an Ordinance providing for the issuance of $13,715,000 General Obligation Refunding Bonds, Series 2001B, of the City of Elgin, Kane and Cook Counties, Illinois, and providing for the Levy and Collection of a Direct Annual Tax for the payment of the Principal of and Interest on said Bonds; and WHEREAS, the levy of the tax for the year 2005 provided in the ordinance is unnecessary. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the County Clerks of Kane and Cook Counties, are hereby authorized and directed to abate a portion of the tax of $1,472,969 for the year 2005 as provided and levied in the ordinance providing for the issuance of $13,715,000 General Obligation Refunding Bonds, Series 2001B, passed April 25, 2001, a copy of which was filed with each of said county clerks, said tax shall be abated by reducing said sum $794,281 and extending a tax for the year 2005 in the amount of $678,688 against all taxable property situated in the City of Elgin, Kane and Cook Counties, Illinois. Section 2. That the City Clerk is authorized and directed to file a certified copy of this ordinance with the County Clerks of Kane and Cook Counties, Illinois, on or before April 12, 2006. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor MARCH 22, 2006 VOLUME LXXI 280 Presented: March 22, 2006 Passed: March 22, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: March 23, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE T15-06 PASSED ABATING A PORTION OF THE ANNUAL TAX FOR 2005 FOR GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2002 Councilmember Kaptain made a motion, seconded by Councilmember Rodgers, 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. T15-06 AN ORDINANCE ABATING A PORTION OF THE ANNUAL TAX FOR 2005 FOR GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2002 WHEREAS, the City of Elgin will have sufficient funds on hand to pay a portion of the tax levied by Ordinance S10-02, an Ordinance providing for the issuance of $8,775,000 General Obligation Corporate Purpose Bonds, Series 2002, of the City of Elgin, Kane and Cook Counties, Illinois, and providing for the Levy and Collection of a Direct Annual Tax for the payment of the Principal of and Interest on said Bonds; and WHEREAS, the levy of the tax for the year 2005 provided in the ordinance is unnecessary. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the County Clerks of Kane and Cook Counties, are hereby authorized and directed to abate a portion of the tax of $772,643 for the year 2005 as provided and levied in the ordinance providing for the issuance of $8,775,000 General Obligation Corporate Purpose Bonds, Series 2002, passed April 24, 2002, a copy of which was filed with each of said county clerks, said tax shall be abated by reducing said sum $260,838 and extending a tax for the year 2005 in the amount of $511,805 against all taxable property situated in the City of Elgin, Kane and Cook Counties, Illinois. VOLUME LXXI MARCH 22, 2006 281 Section 2. That the City Clerk is authorized and directed to file a certified copy of this ordinance with the County Clerks of Kane and Cook Counties, Illinois, on or before April 12, 2006. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: March 22, 2006 Passed: March 22, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: March 23, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE T16-05 PASSED REGARDING ABATING A PORTION OF THE ANNUAL TAX FOR 2005 FOR REFUNDING AND CORPORATE PURPOSE BONDS Councilmember Kaptain made a motion, seconded by Councilmember Rodgers, 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. T16-06 AN ORDINANCE REGARDING ABATING A PORTION OF THE ANNUAL TAX FOR 2005 FOR REFUNDING AND CORPORATE PURPOSE BONDS WHEREAS, the City Council has adopted Ordinance Numbers T11-06, T13-06, T14-06 and T15-06 providing for abating a portion of the annual tax for 2005 for refunding and corporate purpose bonds for the series bonds referred to in such ordinances; and WHEREAS, depending upon the 2005 assessed valuation figures and the state multiplier it may be necessary to further adjust the amounts of the abatement and resulting tax levy in Section 1 of such ordinances in order to arrive at a 2005 tax rate for the City of Elgin not to exceed $1.9299 per $100.00 of assessed valuation. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: MARCH 22, 2006 VOLUME LXXI 282 Section 1. That the city’s Fiscal Services Director be and is hereby authorized and directed that upon receipt of 2005 assessed valuation figures and the state multiplier to adjust, to the extent reasonably practicable, the amount of the abatement and resulting tax levy in the Section 1 of Ordinance Numbers T11-06, T13-06, T14-06 and T15-06 so as to attempt to arrive at a 2005 tax rate for the City of Elgin not to exceed $1.9299 per $100 of assessed valuation. The city’s Fiscal Services Manager shall make such adjustments, if any, prior to the filing of a certified copy of Ordinance Numbers T11-06, T13-06, T14-06 and T15-06 with the County Clerks of Kane and Cook Counties, Illinois, whereupon the amount of the abatement and tax levy in Section 1 of Ordinance Numbers T11-06, T13-06, T14-06 and T15-06 shall be deemed final. Section 2. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: March 22, 2006 Passed: March 22, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: March 23, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE G25-06 PASSED RECLASSIFYING TERRITORY FROM THE PRC PLANNED RESIDENCE CONSERVATION DISTRICT AND THE PCF PLANNED COMMUNITY FACILITY DISTRICT TO PAB PLANNED AREA BUSINESS DISTRICT (SPARTAN GREEN SUBDIVISION - 601 SOUTH RANDALL ROAD) Councilmember Kaptain made a motion, seconded by Councilmember Rodgers, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. VOLUME LXXI MARCH 22, 2006 283 Ordinance No. G25-06 AN ORDINANCE RECLASSIFYING TERRITORY FROM THE PRC PLANNED RESIDENCE CONSERVATION DISTRICT AND THE PCF PLANNED COMMUNITY FACILITY DISTRICT TO PAB PLANNED AREA BUSINESS DISTRICT (Spartan Green Subdivision - 601 South Randall Road) WHEREAS, written application has been made to reclassify certain property located at 601 South Randall Road from PRC Planned Residence Conservation District and PCF Planned Community Facility District to PAB Planned Area 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 the City Council of the City of Elgin hereby adopts the Findings of Fact, dated October 3, 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 PAB Planned Area Business District, the following described property: OF THAT PART OF THE SOUTH HALF OF SECTION 21, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 21; THENCE SOUTH 88 DEGREES 16 MINUTES 35 SECONDS WEST, ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 21, A DISTANCE OF 474.18 FEET; THENCE NORTH 58 DEGREES 14 MINUTES 37 SECONDS WEST, A DISTANCE OF 235.77 FEET; THENCE NORTH 32 DEGREES 44 MINUTES 49 SECONDS WEST, A DISTANCE OF 162.03 FEET; THENCE NORTH 09 DEGREES 02 MINUTES MARCH 22, 2006 VOLUME LXXI 284 18 SECONDS WEST, A DISTANCE OF 360.85 FEET TO THE INTERSECTION WITH A LINE THAT IS 30.00 FEET, AS MEASURED PERPENDICULAR, SOUTHERLY OF AND PARALLEL WITH THE NORTHERLY LINE OF PROPERTY PREVIOUSLY OWNED BY THE STATE OF ILLINOIS BY DOCUMENT NO. 498148 FOR THE POINT OF BEGINNING; THENCE SOUTH 09 DEGREES 02 MINUTES 18 SECONDS EAST, A DISTANCE OF 360.85 FEET; THENCE SOUTH 32 DEGREES 44 MINUTES 49 SECONDS EAST, A DISTANCE OF 162.03 FEET; THENCE SOUTH 58 DEGREES 14 MINUTES 37 SECONDS EAST, A DISTANCE OF 235.77 FEET TO THE NORTH LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 21; THENCE NORTH 88 DEGREES 16 MINUTES 35 SECONDS EAST, ALONG SAID NORTH LINE, A DISTANCE OF 474.18 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 21; THENCE SOUTH 00 DEGREES 54 MINUTES 53 SECONDS EAST ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 21, A DISTANCE OF 7.94 FEET TO THE NORTHWESTERLY LINE OF SPARTAN DRIVE AS DEDICATED; THENCE SOUTHWESTERLY ALONG THE NORTHWESTERLY LINE OF SAID SPARTAN DRIVE, BEING ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 635.00 FEET AND A CHORD BEARING OF SOUTH 62 DEGREES 39 MINUTES 27 SECONDS WEST, AN ARC DISTANCE OF 227.84 FEET; THENCE CONTINUING ALONG THE NORTHWESTERLY LINE OF SAID SPARTAN DRIVE SOUTH 52 DEGREES 22 MINUTES 43 SECONDS WEST, TANGENT TO THE LAST DESCRIBED CURVE, A DISTANCE OF 828.27 FEET; THENCE CONTINUING ALONG THE NORTHWESTERLY LINE OF SAID SPARTAN DRIVE, BEING ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 478.26 FEET AND A CHORD BEARING OF SOUTH 33 DEGREES 44 MINUTES 28 SECONDS WEST, AN ARC DISTANCE OF 311.14 FEET TO THE NORTH LINE OF PLAT OF SURVEY PREPARED FOR WESTFIELD HOMES OF ILLINOIS, INC., ORDER NO. 95066500, I AND IIA, BY SHEETS SURVEYING SERVICES, INC., DATED OCTOBER 19, 1995 AND REVISED OCTOBER 31, 1995 THENCE SOUTH 88 DEGREES 08 MINUTES 07 SECONDS WEST ALONG THE NORTH LINE OF SAID PLAT, A DISTANCE OF 252.34 FEET TO THE EASTERLY RIGHT OF WAY OF RANDALL ROAD AS DEDICATED BY DOCUMENT NO. 91K33285; THENCE NORTH 01 DEGREES 51 MINUTES 53 SECONDS WEST ALONG SAID EASTERLY RIGHT OF WAY LINE, A DISTANCE OF 256.15 FEET; THENCE NORTHERLY ALONG SAID EASTERLY RIGHT OF WAY LINE, BEING ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 1612.88 FEET AND BEING TANGENT TO THE LAST DESCRIBED COURSE, AN ARC DISTANCE OF 806.59 FEET; THENCE NORTH 30 DEGREES 31 MINUTES 05 SECONDS WEST TANGENT TO THE LAST DESCRIBED CURVE AND ALONG SAID EASTERLY RIGHT OF WAY LINE, A DISTANCE OF 831.64 FEET; THENCE SOUTH 57 DEGREES 39 MINUTES 33 SECONDS EAST, A VOLUME LXXI MARCH 22, 2006 285 DISTANCE OF 59.19 FEET; THENCE SOUTH 76 DEGREES 25 MINUTES 46 SECONDS EAST, A DISTANCE OF 65.67 FEET; THENCE NORTH 86 DEGREES 45 MINUTES 57 SECONDS EAST, A DISTANCE OF 48.94 FEET; THENCE NORTH 73 DEGREES 29 MINUTES 33 SECONDS EAST, A DISTANCE OF 41.89 FEET; THENCE SOUTH 79 DEGREES 59 MINUTES 57 SECONDS EAST, A DISTANCE OF 150.99 FEET; THENCE SOUTH 66 DEGREES 32 MINUTES 05 SECONDS EAST, A DISTANCE OF 196.17 FEET; THENCE SOUTH 75 DEGREES 28 MINUTES 11 SECONDS EAST, A DISTANCE OF 63.96 FEET TO THE EAST LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 21, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN; THENCE SOUTH 00 DEGREE 56 MINUTES 00 SECONDS EAST ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SOUTHWEST QUARTER, A DISTANCE OF 121.57 FEET TO THE INTERSECTION WITH A LINE THAT IS 30.00 FEET, AS MEASURED PERPENDICULAR, SOUTHERLY OF AND PARALLEL WITH THE NORTHERLY LINE OF PROPERTY PREVIOUSLY OWNED BY THE STATE OF ILLINOIS BY DOCUMENT NO. 498148; THENCE NORTH 88 DEGREES 01 MINUTES 35 SECONDS EAST ALONG SAID PARALLEL LINE, A DISTANCE OF 518.58 FEET TO THE POINT OF BEGINNING. BEING SITUATED IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS AND CONTAINING 28.42 ACRES MORE OR LESS. Section 3. That the City Council of the City of Elgin hereby classifies the subject property in this PAB Planned Area Business District in accordance with the following provisions: A. Purpose and Intent. The purpose of this PAB Area Business District is to provide commodities and services to several neighborhood areas, and in some instances to a community wide or regional supporting population, subject to Chapter 19.60. 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. 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 MARCH 22, 2006 VOLUME LXXI 286 19.07, Zoning Districts of the Elgin Municipal Code, 1976, as amended. E. Land Use. In this PAB zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.10, Land Use of the Elgin Municipal Code, 1976, as amended. The following enumerated “land uses” [SR] shall be the only land uses allowed as a “permitted use” [SR] or as a “conditional use” [SR] in this PAB zoning district: 1. Permitted Uses: The following enumerated land uses shall be the only land uses allowed as a permitted use in this PAB Planned Area Business District: a. Offices Division: Offices [SR] (UNCL). b. Finance, Insurance, and Real Estate Division: Development sales offices [SR] (UNCL). Finance, insurance, and real estate (H), subject to the provision that a maximum total of one bank shall be permitted within the subdivision. c. Services Division: Advertising (731). Barbershops (724). Beauty shops (723). Dry cleaning without plant on premises (7215). Computer rental and leasing (7377). Mailing, reproduction, commercial art and photography, and stenographic services (733). Motion picture theaters (7832). Photographic studios, portrait (722). Security systems services (7382). Watch, clock and jewelry repair (763). d. Retail Trade Division: Apparel and accessory stores (56). Building materials, hardware, and garden supply (52). Drinking places (alcoholic beverages) (5813). Drugstores and proprietary stores (591). Eating places (5812), but not including fast food/quick service restaurants including, by way of example, but not limited to, McDonalds, Burger King, Wendy’s, White Castle, Taco Bell, Subway, Kentucky Fried Chicken, Pizza Hut, A&W, and Long John Silvers. Such prohibited high volume/fast food/quick service restaurants shall not be deemed to include lower volume mid-value fast food restaurants including, but not limited to Portillos or Starbucks. Florists (5992). Food stores (54). General merchandise stores (53). VOLUME LXXI MARCH 22, 2006 287 Home furniture, furnishings and equipment stores (57). Miscellaneous retail stores not elsewhere classified, limited to architectural supplies-retail, art dealers-retail, artist supply and material stores-retail, baby carriages-retail, candle shops-retail, pet stores-retail, pet shops-retail, picture frames, ready-made-retail, and telephone stores-retail (5999). Miscellaneous shopping goods stores (594). News dealers (5994). Optical goods stores (5995). Outdoor eating and drinking facilities [SR] (UNCL). e. Agricultural Division: Dog grooming (0752). Veterinary services for household pets (0742). f. Construction Division: Contractor's office and equipment areas [SR] (UNCL). g. Manufacturing Division: Commercial printing occupying less than five thousand (5,000) square feet of gross floor area (2752). h. Transportation, Communication And Utilities Division: Arrangement of passenger transportation (472). Branch United States post offices (4311). Commercial antennas and antenna structures mounted on existing structures [SR] (UNCL). 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). Radio and television antennas [SR] (UNCL). Railroad operators' offices (401). Satellite dish antennas [SR] (UNCL). Treatment, transmission and distribution facilities: poles, wires, cables, conduits, laterals, vaults, pipes, mains, and valves [SR] (UNCL). i. 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. 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. Fences and walls [SR] (UNCL). Firearms sales (5941), exclusively accessory to a sporting goods store or general merchandise store, specifically limited to one principal use established in the entire subdivision. Loading facilities [SR] (UNCL), exclusively accessory [SR] to a permitted use allowed in this PAB Area Business District, subject to the provisions of Chapter 19.47 of this Title. MARCH 22, 2006 VOLUME LXXI 288 Outdoor display areas [SR] (UNCL). Package liquor sales establishments [SR] (5921) accessory to a general merchandise store or food store. Parking lots [SR] (UNCL), exclusively accessory [SR] to a permitted use allowed in this PAB 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 this PAB 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. Temporary uses [SR] (UNCL). 2. Conditional Uses: The following enumerated land uses shall be the only land uses allowed as a conditional use in this PAB Planned Area Business District: a. Municipal Services Division: Municipal facilities [SR] on a zoning lot [SR] containing less than two (2) acres of land. b. Public Administration Division: Public administration (J) on a zoning lot containing less than two (2) acres of land. c. Services Division: Child daycare services (835). Coin-operated amusement establishments (7993). d. Retail Trade Division: Drive-in restaurants (5812). Firearms sales (5941), exclusively accessory to a sporting goods store. Package liquor sales establishments [SR] (5921). e. Transportation, Communication, and Utilities Division: Conditional commercial antenna tower [SR] (UNCL). Conditional commercial antennas and antenna structures mounted on existing structures [SR] (UNCL). Pipelines, except natural gas (461). Other radio and television antennas [SR] (UNCL). Other satellite dish antennas [SR] (UNCL). Radio and television broadcasting stations (483). Treatment, transmission, and distribution facilities: equipment, equipment buildings, towers, exchanges, substations, regulators [SR] (UNCL). f. 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. VOLUME LXXI MARCH 22, 2006 289 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. Drive-through facilities [SR], subject to the provisions of Chapter 19.45 of this Title, provided, however, no such drive thru facility shall be approved for a fast food/quick service restaurants including, by way of example, but not limited to, McDonalds, Burger King, Wendy’s, White Castle, Taco Bell, Subway, Kentucky Fried Chicken, Pizza Hut, A&W, and Long John Silvers. Such prohibited high volume/fast food/quick service restaurants shall not be deemed to include lower volume mid-value fast food restaurants including, but not limited to Portillos or Starbucks. 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. 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. F. Site Design. In this PAB zoning district, except as otherwise provided for herein, the use and development of land and structures shall subject to the provisions of Section 19.12, Site Design, of the Elgin Municipal Code, as amended. In this PAB zoning district, the site design regulations shall be as follows: 1. Zoning Lots; Generally: In this PAB zoning district, "zoning lots" [SR] shall be subject to the provisions of Section 19.12.300 of this Title. 2. Lot Area: In the PAB zoning district, there shall be no minimum required "zoning lot area" [SR]. 3. Lot Width: In the PAB zoning district, there shall be no minimum required "lot width" [SR] for a zoning lot. 4. Setbacks; Generally: In the PAB zoning district, "setbacks" [SR] shall be subject to the provisions of Section 19.12.400 of this Title. 5. Setbacks by Lot Line: In the PAB zoning district, the minimum required "building" [SR] "setbacks" [SR] and "vehicle use area setbacks" [SR] for a zoning lot shall be as follows: a. Building Setbacks: i. Street Setback: The minimum required building setback from a "street lot line" [SR] shall be as follows: Randall Road and Spartan Drive: 40 feet. Any Private Drive: 10 feet. ii. Interior Setback: The minimum required building setback from an "interior lot line" [SR] shall be six (6) feet. b. Vehicle Use Area Setbacks: MARCH 22, 2006 VOLUME LXXI 290 i. Street Setback: The minimum required vehicle use area setback from a "street lot line" [SR] shall be as follows: Randall Road and Spartan Drive: 25 feet. Any Private Street: 6 feet. ii. Interior Setback: For zoning lots with a with a vehicle use area, the minimum required vehicle use area setback from an interior lot line shall be six (6) feet. 6. Accessory Structures and Buildings: In the PAB zoning district, "accessory structures and buildings" [SR] shall be subject to the provisions of Section 19.12.500 of this Title. 7. Yards; Generally: In the PAB zoning 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 of this Title. 8. Landscape Yards: In the PAB zoning district, landscape yards shall be as follows: a. Vehicle Use Area Landscape Yards: The yards established by vehicle use area setbacks shall be used as "vehicle use area landscape yards" [SR] with the exception of access driveways as provided in Sections 19.45.110 and 19.45.120 of this Title. Vehicle use area landscape yards shall be subject to the provisions of Section 19.12.700 of the zoning ordinance. b. Interior Landscape Yards: "Interior landscape yards" [SR] shall be installed on a zoning lot featuring a "vehicle use area" [SR], which exceeds five thousand (5,000) square feet in area, subject to the provisions of Section 19.12.700 of this Title. 9. Floor Area: In this PAB zoning district, the maximum "floor area" for a zoning lot shall not exceed 60% of the total zoning lot area. 10. Building Coverage: In this PAB zoning district, the maximum "building coverage" [SR] for a zoning lot shall not exceed 40% of the total zoning lot area. G. Supplemental Site Design Regulations and Architectural Design. In this PAB zoning district, all site development and buildings shall be also designed, constructed and maintained in substantial conformance to the following development plans and/or regulations: 1. Substantial conformance with the Site Development Plans for Lowe’s of Elgin (Spartan Green Subdivision), prepared by Woolpert, Inc., including: a. C000 Cover Sheet, dated August 2, 2005. b. C100 Existing Conditions/Demo Plan, dated August 2, 2005. c. C200 Site Plan, dated August 2, 2005. d. C201 Site Plan, dated August 2, 2005. e. C202 Site Plan, dated August 2, 2005. VOLUME LXXI MARCH 22, 2006 291 f. C300 Grading Plan, dated August 2, 2005. g. C301 Grading Plan, dated August 2, 2005. h. C302 Grading Plan, dated August 2, 2005. i. C400 Utility Plan, dated August 2, 2005. j. C401 Utility Plan, dated August 2, 2005. k. C402 Utility Plan, dated August 2, 2005. l. C600 Landscape Plan, dated August 2, 2005. m. C601 Landscape Plan, dated August 2, 2005. n. C602 Landscape Plan, dated August 2, 2005. o. C800 Lighting Plan, dated August 2, 2005. The foregoing list of plans shall be revised as necessary to conform to the final engineering plans as approved by the City Engineer and the final plat of subdivision as approved by the City Engineer. The landscape plans listed above shall incorporate the following design characteristics: a. All rear building elevations, vehicle use areas and service entrances shall be screened from view with landscaping (a combination of shade trees, coniferous trees, ornamental trees, and shrubs) and a solid screening fence. b. The perimeter of stormwater basins shall include landscaping consisting of shade and ornamental trees, and low-maintenance native vegetation. 2. Substantial conformance with the following Building Elevation Drawings: a. Lowe’s Building and Sign Elevation Drawings (Lot 2), prepared by BRR, dated July 29, 2005. b. Retail Building and Sign Elevation Drawings (Lot 3), prepared by OKW Architects, dated July 29, 2005. c. Bank of America Building and Sign Elevation Drawings (Lot 1), prepared by Oculus, Inc., dated August 3, 2005. The buildings listed above shall incorporate the following design characteristics: a. All roof-top mounted fixtures shall be screened from view from neighboring properties and streets. b. All metal bracing supporting architectural façade elements extending above the roofline shall be enclosed or screened from view from neighboring properties and streets. c. All fencing shall be black powder-coated, decorative metal or aluminum fencing (no chain-link fencing shall be allowed). MARCH 22, 2006 VOLUME LXXI 292 3. Buildings and building additions other than the Lowe's Building and the Bank of America Building identified in Section 3G2 above shall also be subject to the following additional regulations: a. Building Materials. A minimum of eighty percent of each building façade shall be constructed of brick, stone, wood, stucco, or cement fiber board. A maximum of twenty percent of each building façade may be constructed of Exterior Insulation Finishing System, decorative concrete block, premanufactured concrete panels, or other synthetic materials such as aluminum or vinyl siding products. b. Architecture. Each building façade shall contain a minimum of six architectural features including, but not limited to, window sills, lintels, fabric awnings, columns, stone watercourses, offsets, cornices, capstones, parapets, or alternating brick design. c. Windows and entryways. Windows and entryways shall be emphasized by utilizing awnings or other dominant architectural features. These features should be further highlighted through the use of stone window sills and lintels and alternate brick design such as soldier courses. d. All refuse enclosures shall be constructed fully of masonry materials matching the principal building and shall be affixed structurally as part of the primary building wall systems. e. Outdoor eating and drinking areas shall be enclosed by a minimum 3 foot wrought iron or aluminum open fencing. Solid masonry walls will also be permitted. The use of stone or masonry columns within the fence design is encouraged. f. Departures. Departures to the above design guidelines may be granted through Chapter 19.65, Conditional Uses, of the Elgin Municipal Code, 1976, as amended. An application for conditional use may be filed by an individual property owner without necessitating that all other property owners in the development authorize such application. 4. Except for the Lowe's Development on the subject property and the Bank of America Development on the subject property, prior to any other or further development of the subject property the owner of the subject property shall be required to submit a development plan for 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. Except as otherwise provided within this section, 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, as amended. VOLUME LXXI MARCH 22, 2006 293 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. J. Signs. In this PAB zoning district, signs shall be subject to the provisions of Chapter 19.50, Street Graphics, of the Elgin Municipal Code, 1976, as amended, except as follows: a. Lowe’s Building and Sign Elevation Drawings (Lot 2), prepared by BRR, dated July 29, 2005. b. Retail Building and Sign Elevation Drawings (Lot 3), prepared by OKW Architects, dated July 29, 2005. c. Bank of America Building and Sign Elevation Drawings (Lot 1), prepared by Oculus, Inc., dated August 3, 2005. K. 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. L. 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. An application for conditional use may be filed by an individual property owner without necessitating that all other property owners in the development authorize such application. M. 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. An application for variation may be filed by an individual property owner without necessitating that all other property owners in the development authorize such application. N. 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. O. 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 4. 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 MARCH 22, 2006 VOLUME LXXI 294 Presented: March 22, 2006 Passed: March 22, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: March 23, 2006 Published: 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. Hemmens Cultural Center Advisory Board Minutes for February 9, 2006 Elgin Image Advisory Commission Minutes for February 27, 2006 Veterans Memorial Park Committee Minutes for February 1, 2006 Zoning and Subdivision Hearing Board Minutes for February 15, 2006 Committee of the Whole Minutes for February 22, 2006 City Council Minutes for February 22, 2006 ANNOUNCEMENTS Mayor Schock made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Sandor made a motion, seconded by Councilmember Kaptain, 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 7:32 p.m. s/Dolonna Mecum April 12, 2006 Dolonna Mecum, City Clerk Date Approved