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HomeMy WebLinkAboutc - February 14, 2007 CC51 FEBRUARY 14, 2007 VOLUME LXXII 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 February 14, 2007, in the Council Chambers. The meeting was called to order by Mayor Schock at 7:17 p.m. The Invocation was given by Ms. Ora Hughes and the Pledge of Allegiance was led by Councilmember Tom Sandor. ROLL CALL Roll call was answered by Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters and Mayor Schock. Absent: None. MINUTES OF THE JANUARY 24, 2007, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Walters made a motion, seconded by Councilmember Rodgers, to approve the January 24, 2007, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters and Mayor Schock. Nays: None. RECOGNIZE PERSONS PRESENT Joanne Renaghan stated that she does not believe that there are enough police officers patrolling Elgin’s streets. She doesn’t blame the Council or the Police Chief for this situation, but she would like to see the Council finance more police officers as soon as possible. She stated that this is a matter of safety for the officers currently on staff for Elgin, and also for the safety of residents and the businesses that operate within the City. BID 06-076 AWARDED TO CLARKE ENVIRONMENTAL MOSQUITO MANAGEMENT, INC. FOR THE 2007-2009 MOSQUITO CONTROL PROGRAM Councilmember Walters made a motion, seconded by Councilmember Figueroa, to award a contract to Clarke Environmental Mosquito Management, Inc. in the amount of $69,048 for the 2007 mosquito season, with an option to extend the program for 2008 and 2009 at rates not to exceed a 5% annual increase. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. VOLUME LXXII FEBRUARY 14, 2007 52 BID 06-109 AWARDED TO VARIOUS VENDORS FOR ADVENTURE ISLAND SPA AND POOL CHEMICALS Councilmember Sandor made a motion, seconded by Councilmember Walters, to award contracts to the vendors listed below for the monetary amount listed for various spa and pool chemicals for Adventure Island. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Vendor Material/Chemical Contract Amount Commercial Pool and Supplies Hydrochloric acid $4,225 Basic Chemical Solutions Sodium Hypochlorite Solution $5,017 Barson Chemical Company Sodium Bicarbonate $2,250 Ecolab Pool Perfect $679.12 Halogen Pulsar Plus Briquettes $8,900 BID 06-118 AWARDED TO SCS PRODUCTIONS FOR STAGING FOR THE FOXFIREFEST Councilmember Rodgers made a motion, seconded by Councilmember Figueroa, to award a contract to SCS Productions in the amount of $42,604 for staging for the FoxFireFest. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. BID 06-119 AWARDED TO CORE VISION GROUP FOR PRINTING OF THE HEMMENS CULTURAL CENTER SEASON AND MID-SEASON BROCHURE Councilmember Kaptain made a motion, seconded by Councilmember Gilliam, to approve a contract to Core Vision Group for an amount not to exceed $19,690 for the printing and preparation for mailing of the Hemmens Cultural Center Season ($14,795) and Mid-Season Brochures ($4,895). Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. FEBRUARY 14, 2007 VOLUME LXXII 53 BID 07-001 AWARDED TO POWERLINK SERVICES, INC. FOR REPLACEMENT OF THE UNINTERRUPTED POWER SUPPLY IN THE POLICE FACILITY Councilmember Figueroa made a motion, seconded by Councilmember Walters, to award a contract to Powerlink Services, Inc. in the amount of $43,915 for the installation of a new uninterrupted power supply in the Police Facility. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. BID 07-007 AWARDED TO TRIGGI CONSTRUCTION, INC. FOR GIFFORD/HILL NEIGHBORHOOD STREET REHABILITATION PROJECT Councilmember Walters made a motion, seconded by Councilmember Rodgers, to award a contract to Triggi Construction, Inc. in the amount of $2,905,991.75 for the 2007 Gifford/Hill Neighborhood Street Rehabilitation Project. Councilmember Sandor questioned City Manager Folarin regarding whether Triggi Construction, Inc. had been spoken with to ensure that the significant delays that occurred on the last project were not repeated. Councilmember Sandor emphasized that he was not pleased with the delays that the other project experienced due to Triggi Construction, Inc. not having enough manpower because they had stretched their resources too thin. City Manager Folarin responded that the contractor had been advised that the delays of the previous project would not be tolerated during this project. He also stated that Triggi Construction had agreed to pay $2,800 a day for each day the work is late, and they won’t take on any other outside jobs until the Gifford/Hill Neighborhood Street Rehabilitation Project is complete. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. CONTRACT APPROVED FOR THE PURCHASE OF THREE (3) UNMARKED POLICE VEHICLES FROM BOB RIDINGS, INC. THROUGH THE STATE OF ILLINOIS JOINT PURCHASE PROGRAM Councilmember Walters made a motion, seconded by Councilmember Rodgers, to purchase one unmarked Dodge Charger police car from Bob Ridings, Inc. in the amount of $19,810, and two unmarked Chevrolet Impalas from Miles Chevrolet in the amount of $35,807.10 through the State of Illinois Joint Purchase Program. Further, it is recommended that the vehicles being replaced be disposed of through a public auction later this year, following delivery and conversion of the new vehicles. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. VOLUME LXXII FEBRUARY 14, 2007 54 CONTRACT APPROVED FOR THE PURCHASE OF FOURTEEN (14) 2007 FORD POLICE INTERCEPTOR SQUAD CARS FROM LANDMARK FORD THROUGH THE STATE OF ILLINOIS JOINT PURCHASE PROGRAM Councilmember Rodgers made a motion, seconded by Councilmember Kaptain, to award the purchase of fourteen 2007 Ford Police Interceptor Squad Cars from Landmark Ford, Inc. in the amount of $305,816. Further, it is recommended that the fourteen vehicles being replaced be disposed of through a public auction later this year following delivery and conversion of the new vehicles. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. PETITION 45-06 APPROVED REQUESTING A THIRD AMENDMENT TO AN ANNEXATION AGREEMENT, AND AN AMENDMENT TO THE PLANNED DEVELOPMENT AND PRELIMINARY PLAN FOR THE GLEN SUBDIVISION (FORMERLY KNOWN AS THE TRADITIONS OF FITCHIE CREEK); PROPERTY LOCATED AT 1101 NOLAN ROAD; BY THE GLEN LLC AND COMMONWEALTH REALTY ADVISORS, INC., AS APPLICANT AND OWNER Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to remove petition 45-06 from the table. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Community Development Director Deering stated that the former project for this site, formerly known as Traditions of Fitchie Creek, was approved in 2004. At that time the development was going to be an age-restricted development. The applicant is now requesting an amendment to that annexation agreement, detailed in Petition 45-06. The subdivision, which will be called the Glen Subdivision, encompasses the same parcel of land which contains approximately 73 acres. This proposal features an assisted living facility with 150 dwelling units and 137 single family home sites. The Planning and Development Commission recommended denial of Petition 45-06. Councilmember Kaptain made a motion, seconded by Councilmember Rodgers, to approve Petition 45-06 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Gilliam, Kaptain, Rodgers, Walters, and Mayor Schock. Nays: Councilmembers Figueroa and Sandor. RESOLUTION 07-35 ADOPTED ACCEPTING THE PROPOSAL OF BLUE CROSS BLUE SHIELD OF ILLINOIS FOR THE CITY OF ELGIN'S HMO AND PPO MEDICAL INSURANCE PROGRAM AND AUTHORIZING THE EXECUTION OF DOCUMENTS RELATED THERETO Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. FEBRUARY 14, 2007 VOLUME LXXII 55 Resolution No. 07-35 RESOLUTION ACCEPTING THE PROPOSAL OF BLUE CROSS BLUE SHIELD OF ILLINOIS FOR THE CITY OF ELGIN’S HMO AND PPO MEDICAL INSURANCE PROGRAM AND AUTHORIZING THE EXECUTION OF DOCUMENTS RELATED THERETO BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin hereby accepts the proposal of Blue Cross Blue Shield of Illinois for the City of Elgin’s HMO and PPO medical insurance program for the period of March 1, 2007 through February 29, 2008. BE IT FURTHER RESOLVED that Olufemi Folarin, City Manager, be and is hereby authorized and directed to execute all documents necessary and incident to such proposal of Blue Cross Blue Shield of Illinois for the City of Elgin’s HMO and PPO medical insurance program. s/ Ed Schock Ed Schock, Mayor Presented: February 14, 2007 Adopted: February 14, 2007 Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 07-36 ADOPTED AUTHORIZING AN AMENDMENT TO THE CITY'S FLEXIBLE SPENDING PLAN Councilmember Walters made a motion, seconded by Councilmember Sandor, 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. 07-36 RESOLUTION APPROVING AN AMENDMENT TO THE FLEXIBLE SPENDING PLAN BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the “City of Elgin Section 125 Cafeteria Plan Adoption Agreement, Effective Date: VOLUME LXXII FEBRUARY 14, 2007 56 3/1/2005” (the “Section 125 Cafeteria Plan”), be and is hereby amended to provide that subparagraph (a) of the “Health FSA” section within “Item VI—Flexible Spending Account Elections” of the Section 125 Cafeteria Plan read as follows: “The maximum annual reimbursement amount an Employee may elect for any Plan Year is $3000.00.” s/ Ed Schock Ed Schock, Mayor Presented: February 14, 2007 Adopted: February 14, 2007 Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE G14-07 FAILED AMENDING ORDINANCE G69-98 RECLASSIFYING PROPERTY IN THE PAB PLANNED AREA BUSINESS DISTRICT (860 SUMMIT STREET) Councilmember Sandor made a motion, seconded by Councilmember Kaptain, to pass the following ordinance. Councilmember Sandor stated that he was opposing this proposed ordinance because he does not believe that an auto parts store should be located directly across the street from another competing auto parts store. He believes that this property could be put to better use as a different type of business and stated that Elgin was already saturated with stores like the one proposed for 860 Summit Street. Councilmember Figueroa agreed with Councilmember Sandor and stated that he would also sustain his opposition to reclassifying the property for an auto parts store. He reiterated a comment from a previous meeting that he believes it would be put to better use as a family restaurant versus an auto parts store. Upon a roll call vote: Yeas: Councilmembers Kaptain, Rodgers, and Mayor Schock. Nays: Councilmember Figueroa, Gilliam, Sandor, and Walters. Motion to pass the ordinance failed. FEBRUARY 14, 2007 VOLUME LXXII 57 AUTHORIZATION OF PAYMENTS TO VARIOUS VENDORS Councilmember Walters made a motion, seconded by Councilmember Sandor, 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 Tele-Works Blacksburg, VA $12,375.00 Maintenance Agreement January-December for website server Elgin Area Convention and Visitors Bureau Elgin, IL $175,000.00 2007 Hotel/Motel Tax Lundstrom Insurance Agency Elgin, IL $220,385.00 Liability insurance for City Sterling Codifiers Coeur D’Alene, ID $12,000 Municipal Code Supplements and annual fee for hosting on the internet MOTION TO REMOVE ORDINANCE G9-07 FROM THE CONSENT AGENDA Councilmember Walters made a motion, seconded by Councilmember Sandor, to remove Ordinance G9-07 from the consent agenda. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. ORDINANCE G9-07 PASSED AMENDING TITLE 19, OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "ZONING" Councilmember Walters made a motion, seconded by Councilmember Sandor, to pass the following ordinance. Councilmember Walters directed staff to revise the towing contract within one year that anyone towing for the City of Elgin must be in compliance with the provisions being amended in this ordinance. Councilmember Figueroa questioned how many towing companies working for the City of Elgin would be affected. Community Development Director Deering stated that he did not have an exact number, but he believed only 2 or 3 towing companies were currently not in compliance with the amendments proposed in the ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. VOLUME LXXII FEBRUARY 14, 2007 58 Ordinance No. G9-07 AN ORDINANCE AMENDING TITLE 19, OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "ZONING" WHEREAS, written application has been made to amend the Elgin Zoning Ordinance provisions pertaining to motor vehicle impoundment yards; and WHEREAS, the Planning and Development Commission held a public hearing concerning the proposed amendment after due notice in manner provided by law; and WHEREAS, the Planning and Development Commission has submitted its written findings and recommendation that the requested amendment b granted; and WHEREAS, the City Council concurs in the findings and recommendation 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 19.90 entitled "Supplemental Regulations", of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by amending section 19.90.015 entitled "Motor Vehicle Impoundment Yard", to read as follows: "MOTOR VEHICLE IMPOUNDMENT YARD: A "commercial operations yard" [SR] which is utilized exclusively for the storage of "motor vehicles" [SR] towed as a result of accidents, unlawful parking on private property, repossessions or police orders. Motor vehicle impoundment yards shall be illuminated by artificial light from dusk to dawn; shall be completely enclosed with a minimum six foot (6') in "structure height" [SR] "solid fence" [SR] with a locking gate; shall be paved with asphalt or concrete and include a drainage system designed to prevent leaking automobile fluids from being absorbed into the ground or otherwise migrating from the surface of the motor vehicle impoundment yard; shall provide closed circuit video monitoring within the motor vehicle impoundment yard; and, shall be subject to the provisions of "Commercial Operations Yard" in this section. The granting of a conditional use for a motor vehicle impoundment yard shall be subject to the provisions of Chapter 19.65 of this Title and shall also include the imposition of specific conditions for the following factors based upon the location, configuration and proposed operation of the motor vehicle impoundment yard: (1) a limit on the number of vehicles that may be stored in the motor vehicle impoundment yard at any one time; (2) designated minimum vehicle spacing within the motor vehicle impoundment yard, including minimum designated clearance between the sides of vehicles and the front and rear of vehicles; (3) a FEBRUARY 14, 2007 VOLUME LXXII 59 limit on the number of days that a vehicle may remain in the motor vehicle impoundment yard, provided any such period does not to exceed of sixty (60) days, and provided vehicles subject to seizure or impoundment orders shall be exempt from any such limitation; (4) additional conditions related to the adequate screening of the motor vehicle impoundment yard given the sight characteristics of the motor vehicle impoundment yard and the land uses surrounding the motor vehicle impoundment yard." Section 2. Severability. If any provision of this ordinance or its application to any person or under any circumstances is adjudged invalid, such adjudication shall not affect the validity of the ordinance as a whole or of any portion not adjudged invalid. Section 3. That this ordinance shall be in full force and effect after its passage and publication in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: February 14, 2007 Passed: February 14, 2007 Vote: Yeas: 7 Nays: 0 Recorded: February 15, 2007 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk CONSENT AGENDA By unanimous consent, Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to pass Ordinance Nos. G7-07 through G13-07 (except Ordinance No. G9-07) and adopt Resolution Nos. 07-24 through 07-39 (except Resolution Nos. 07-35 and 07-36) by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. RESOLUTION 07-24 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH METROPOLITAN PUMP COMPANY Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. VOLUME LXXII FEBRUARY 14, 2007 60 Resolution No. 07-24 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH METROPOLITAN PUMP COMPANY 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 Metropolitan Pump Company for repair of sewage grinder at the Hopps Road Lift Station, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: February 14, 2007 Adopted: February 14, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk s/ Jennifer Quinton Jennifer Quinton, Deputy City Clerk RESOLUTION 07-25 ADOPTED AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT AND LICENSE AGREEMENT WITH THE FOREST PRESERVE DISTRICT OF KANE COUNTY REGARDING THE BURNIDGE AND EAGLES CLUBS PROPERTIES Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Resolution No. 07-25 RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT AND LICENSE AGREEMENT WITH THE FOREST PRESERVE DISTRICT OF KANE COUNTY REGARDING THE BURNIDGE AND EAGLES CLUBS PROPERTIES 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 an Intergovernmental Agreement and License Agreement with the Forest FEBRUARY 14, 2007 VOLUME LXXII 61 Preserve District of Kane County on behalf of the City of Elgin in connection with the Burnidge and Eagles Clubs Properties, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: February 14, 2007 Adopted: February 14, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 07-26 ADOPTED AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT AND LICENSE AGREEMENT WITH THE FOREST PRESERVE DISTRICT OF KANE COUNTY REGARDING THE SALE OF A PORTION OF THE CITY'S WEST AREA REGIONAL PARK PROPERTY Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Resolution No. 07-26 RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT AND LICENSE AGREEMENT WITH THE FOREST PRESERVE DISTRICT OF KANE COUNTY REGARDING THE SALE OF A PORTION OF THE CITY'S WEST AREA REGIONAL PARK PROPERTY 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 an Intergovernmental Agreement and License Agreement with the Forest Preserve District of Kane County on behalf of the City of Elgin in connection with the sale of a portion of the City's West Area Regional Park Property, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor VOLUME LXXII FEBRUARY 14, 2007 62 Presented: February 14, 2007 Adopted: February 14, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 07-27 ADOPTED ACCEPTING AND AUTHORIZING EXECUTION OF THE 2007 MOTOR FUEL TAX MUNICIPAL ESTIMATE OF MAINTENANCE COSTS Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Resolution No. 07-27 RESOLUTION ACCEPTING AND AUTHORIZING EXECUTION OF THE 2007 MOTOR FUEL TAX MUNICIPAL ESTIMATE OF MAINTENANCE COSTS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby accepts and authorizes Olufemi Folarin, City Manager, to execute the 2007 Motor Fuel Tax Municipal Estimate of Maintenance Costs, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: February 14, 2007 Adopted: February 14, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk FEBRUARY 14, 2007 VOLUME LXXII 63 RESOLUTION 07-28 ADOPTED AUTHORIZING EXECUTION OF A LETTER OF INTENT WITH IDOT FOR THE U.S. ROUTE 20 AND MCLEAN BOULEVARD INTERSECTION IMPROVEMENTS Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Resolution No. 07-28 RESOLUTION AUTHORIZING EXECUTION OF A LETTER OF INTENT WITH IDOT FOR THE U.S. ROUTE 20 AND McLEAN BOULEVARD INTERSECTION IMPROVEMENTS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, be and is hereby authorized and directed to execute a Letter of Intent on behalf of the City of Elgin with IDOT regarding intersection improvements at U.S. Route 20 and McLean Boulevard, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: February 14, 2007 Adopted: February 14, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 07-29 ADOPTED AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH THE BOYS AND GIRLS CLUB OF ELGIN Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. VOLUME LXXII FEBRUARY 14, 2007 64 Resolution No. 07-29 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH THE BOYS AND GIRLS CLUB OF ELGIN BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute a Purchase of Service Agreement on behalf of the City of Elgin with the Boys and Girls Club of Elgin for youth programs, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: February 14, 2007 Adopted: February 14, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 07-30 ADOPTED AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH THE ELGIN RECREATION CENTER Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Resolution No. 07-30 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH THE ELGIN RECREATION CENTER BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute a Purchase of Service Agreement on behalf of the City of Elgin with the Elgin Recreation Center for youth gang intervention programs, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor FEBRUARY 14, 2007 VOLUME LXXII 65 Presented: February 14, 2007 Adopted: February 14, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 07-31 ADOPTED AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH SENIOR SERVICES ASSOCIATES, INC. Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Resolution No. 07-31 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH SENIOR SERVICES ASSOCIATES, INC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute a Purchase of Service Agreement on behalf of the City of Elgin with Senior Services Associates, Inc. to provide support for programs assisting senior citizens, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: February 14, 2007 Adopted: February 14, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk VOLUME LXXII FEBRUARY 14, 2007 66 RESOLUTION 07-32 ADOPTED APPROVING FINAL PLAT FOR BOWES CREEK COUNTRY CLUB SUBDIVISION - PHASE II (3555 BOWES ROAD) Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Resolution No. 07-32 RESOLUTION APPROVING FINAL PLAT FOR BOWES CREEK COUNTRY CLUB SUBDIVISION PHASE II (3555 Bowes Road) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the final plat prepared by Cowhey Gudmundson Leder, Ltd. dated February 14, 2006 and last revised January 19, 2007 for Bowes Creek Country Club Subdivision – Phase II. s/ Ed Schock Ed Schock, Mayor Presented: February 14, 2007 Adopted: February 14, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 07-33 ADOPTED APPROVING FINAL PLAT OF SUBDIVISION FOR BOWES CREEK COMMERCIAL SUBDIVISION (3555 BOWES ROAD) Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. FEBRUARY 14, 2007 VOLUME LXXII 67 Resolution No. 07-33 RESOLUTION APPROVING FINAL PLAT OF SUBDIVISION FOR BOWES CREEK COMMERCIAL SUBDIVISON (3555 Bowes Road) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the final plat prepared by Cowhey Gudmundson Leder, Ltd. dated January 6, 2005 and last revised December 7, 2006 for Bowes Creek Commercial. s/ Ed Schock Ed Schock, Mayor Presented: February 14, 2007 Adopted: February 14, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 07-34 ADOPTED AUTHORIZING THE DISTRIBUTION OF GRANTS TO YOUTH SPORTS ORGANIZATIONS Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Resolution No. 07-34 RESOLUTION AUTHORIZING THE DISTRIBUTION OF GRANTS TO YOUTH SPORTS ORGANIZATIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, is hereby authorized and directed to distribute grants to the following youth sports organizations for the purposes specified herein and pursuant to the terms and conditions in the agreements between the City of Elgin and the respective youth sports organizations: VOLUME LXXII FEBRUARY 14, 2007 68 League Project Request Elgin American Little League Expand backstop overhand on field 2; $ 11,100 Fence replacement for field 4 with Dugout replacement American Legion Bullpen repair and lights $ 500 Elgin Classic Little League Fencing and concrete repairs $ 7,500 Storage building Elgin Continental Little League Install warning tracks fields 1&2 $ 12,500 Repair light buzzing Elgin National Little League 4 sets bleachers field 1 $ 16,600 Concrete pad for bleachers Shade structure Babe Ruth Teener League Bullpen upgrades $ 14,900 Contingency* $ 3,780 Total Grant Allocation $ 66,880 s/ Ed Schock Ed Schock, Mayor Presented: February 14, 2007 Adopted: February 14, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 07-37 ADOPTED AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT FOR PUBLIC UTILITY PURPOSES FROM BIG TIMBER ELGIN, INC. (WATER TRANSMISSION LINE-HPI-EAST) Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. FEBRUARY 14, 2007 VOLUME LXXII 69 Resolution No. 07-37 RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT FOR PUBLIC UTILITY PURPOSES FROM BIG TIMBER ELGIN, INC. (WATER TRANSMISSION LINE-HPI-EAST) 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 an easement agreement for public utility purposes regarding the HPI-East water transmission line from Big Timber Elgin, Inc., for the property legally described on Exhibit A, a copy of which is attached hereto. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause the easement agreement to be recorded in the office of the Recorder of Deeds of Kane County, Illinois. s/ Ed Schock Ed Schock, Mayor Presented: February 14, 2007 Adopted: February 14, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 07-38 ADOPTED AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT FOR PUBLIC UTILITY PURPOSES FROM BIG TIMBER ELGIN, INC. (WATER TRANSMISSION LINE-HPI-WEST) Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. VOLUME LXXII FEBRUARY 14, 2007 70 Resolution No. 07-38 RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT FOR PUBLIC UTILITY PURPOSES FROM BIG TIMBER ELGIN, INC. (WATER TRANSMISSION LINE-HPI-WEST) 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 an easement agreement for public utility purposes regarding the HPI-West water transmission line from Big Timber Elgin, Inc., for the property legally described on Exhibit A, a copy of which is attached hereto. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause the easement agreement to be recorded in the office of the Recorder of Deeds of Kane County, Illinois. s/ Ed Schock Ed Schock, Mayor Presented: February 14, 2007 Adopted: February 14, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE G7-07 PASSED GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT TO PERMIT EXTERIOR RENOVATIONS IN THE RB RESIDENCE BUSINESS DISTRICT AND THE ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT (667 E. CHICAGO STREET) Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. FEBRUARY 14, 2007 VOLUME LXXII 71 Ordinance No. G7-07 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT TO PERMIT EXTERIOR RENOVATIONS IN THE RB RESIDENCE BUSINESS DISTRICT AND THE ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT (667 East Chicago Street) WHEREAS, written application has been made for a conditional use for a planned development which will permit exterior renovations in the RB Residence Business District and the ARC Arterial Road Corridor Overlay District at 667 East Chicago 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 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated January 3, 2007, 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 permit exterior renovations in the RB Residence Business District and the ARC Arterial Road Corridor Overlay District at 667 East Chicago Street and legally described as follows: Lots 5 and 8 in Block 3 of East View Addition to Elgin, in the City of Elgin, Kane County, Illinois (Property Commonly Known as 667 East Chicago Street). be and is hereby granted subject to the following conditions: 1. Substantial conformance to the Statement of Purpose and Conformance prepared by Maria Elena Mendoza, dated November 2006. 2. Substantial conformance to the proposed site and building elevations and plans prepared by David Jurina, Avid Architecture, dated December 2006. 3. The existing siding on the front building elevation will be removed in order to expose and refinish the original wood siding. The remaining siding on the structure will be removed and the original wood siding restored within 12 months following City Council approval of the ordinance. VOLUME LXXII FEBRUARY 14, 2007 72 4. Substantial conformance to the proposed Landscape Plan prepared by Pat Hill, Garden Designs, dated November 2006, revised December 2006. 5. Substantial conformance to the proposed Sign Plan prepared by Pat Hill, Garden Designs, dated December 2006. 6. Construction of a six (6) foot high, solid wood fence along the west property line, up to the front yard setback. 7. Consultation with the neighbor to the west before the removal of existing boundary trees. 8. Compliance with all other 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: February 14, 2007 Passed: February 14, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: February 15, 2007 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE G8-07 PASSED AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "ALCOHOLIC LIQUOR DEALERS" Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. FEBRUARY 14, 2007 VOLUME LXXII 73 Ordinance No. G8-07 AN ORDINANCE AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976 AS AMENDED, ENTITLED “ALCOHOLIC LIQUOR DEALERS” BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, entitled “Alcoholic Liquor Dealers,” be and is hereby amended by amending Section 6.06.040, entitled, “License Classes; Fees,” to amend subsection N to read as follows: Class K: For retail sales of alcoholic liquor in conjunction with events at and upon the premises of city-owned property or any premises being leased by the city, including without limitation, the Hemmens Auditorium, The Centre of Elgin, the Elgin Sports Complex and the Elgin Art Showcase for consumption on the premises only, notwithstanding the prohibitions regarding the consumption of alcoholic liquor on any public property or park as provided by subsection 6.06.150B of this chapter, subsection 12.08.010I of this code or other provisions of this code. The term "premises" shall include any adjoining open area utilized in conjunction with the licensee's principal establishment. There shall be no annual fee for such license when the city is the licensee. When the licensee is an independent contractor, the annual fee for such license shall be one hundred dollars ($100.00). Section 2. That Section 6.06.050 of the Elgin Municipal Code, 1976, as amended, entitled “Licenses; Number to be Issued,” be and is hereby further amended by amending subsection A thereof to read as follows: A. The number of Class A licenses shall not exceed seventeen (17) in number. 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 after its passage and publication in the manner provided by law. s/ Ed Schock Ed Schock, Mayor VOLUME LXXII FEBRUARY 14, 2007 74 Presented: February 14, 2007 Passed: February 14, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: February 15, 2007 Published: February 16, 2007 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE G10-07 PASSED CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PORI PLANNED OFFICE RESEARCH INDUSTRIAL DISTRICT (CAPITAL CORPORATE CENTER -2451 MASON ROAD) Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Ordinance No. G10-07 AN ORDINANCE CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PORI PLANNED OFFICE RESEARCH INDUSTRIAL DISTRICT (Capital Corporate Center – 2451 Mason Road) WHEREAS, the territory herein described has been annexed to the City of Elgin; and WHEREAS, written application has been made to classify said territory in the PORI Planned Office Research Industrial 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 November 20, 2006, made by the Planning and Development Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. FEBRUARY 14, 2007 VOLUME LXXII 75 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 PORI Planned Office Research Industrial District, the following described property: That part of the Northeast Quarter of Section 31, Township 42 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at a “Mag” at the Northeast Corner of Said Section 31; thence South 00 degrees 42 minutes 09 seconds West along an assumed bearing, being the East line of said Section a distance of 971.76 feet to a point on the Easterly extension on the North line of Westfield Business Park Plat No. 2, according to the Plat thereof recorded December 6, 1989 as document number 2012687; thence North 89 degrees 58 minutes 43 seconds West along said Easterly extension 400.96 feet to the Northeast corner of property conveyed by warranty deed recorded as document number 2005k019712, said point being the point of beginning; thence continuing North 89 Degrees 58 Minutes 43 Seconds West along the North line of said Westfield Business Park Plat No. 2, a distance of 2240.99 feet to the Northwest corner of said Westfield Business Park Plat No. 2, said point being on the West line of said Northeast Quarter; thence North 00 degrees 36 minutes 23 seconds East along Said West line 985.61 feet to a “Pk Nail” at the Northwest Corner of said Northeast Quarter per document number 94k009395; thence South 89 degrees 40 minutes 41 seconds East along the North line of said Northeast Quarter 1635.21 feet to a point 1008.28 feet West (as measured along said North line) of the aforementioned Northeast corner of said Northeast Quarter, said point being on the West line of the Northwest Tollway (I-90) according to Circuit Court general number S6-1213 filed May 27, 1957; thence South 00 degrees 20 minutes 09 seconds West along the last described line 23.27 feet; thence South 67 degrees 10 minutes 51 seconds East 116.50 feet along the last described line; thence South 47 degrees 45 minutes 51 Seconds East along the last described line 118.24 feet to a point on the West line of Istha Parcel N-4d-105 per final judgment recorded as document number 2002k018471; thence South 31 degrees 22 minutes 12 seconds East along the last described line 251.01 feet; thence South 22 degrees 47 minutes 59 seconds East along the last described line 358.42 feet; thence South 26 degrees 20 minutes 32 seconds East along the last described line 295.72 feet to the Southwest corner of Istha Parcel N-4d-105 per said final VOLUME LXXII FEBRUARY 14, 2007 76 judgment; thence South 00 degrees 32 minutes 26 seconds West 19.53 feet to the point of beginning, in Kane County, Illinois (Property commonly known as 2451 Mason Road). Section 3. That the City Council of the City of Elgin hereby classifies the subject property in the PORI Planned Office Research Industrial District in accordance with the following provisions: A. Purpose and Intent. The purpose of the PORI Office Research Industrial District is to provide a planned industrial environment that fosters a sense of place and destination within a coordinated campus or park setting, subject to the provisions of Chapter 19.60, Planned Developments. A PORI zoning district is most similar to, but departs from the standard requirements of the ORI zoning district. B. Supplementary Regulations. Any word or phrase contained herein, followed by the symbol “(SR)”, shall be subject to the definitions and the additional interpretive requirements provided in Chapter 19.90, Supplementary Regulations, of the Elgin Municipal Code, as amended. The exclusion of such symbol shall not exempt such word or phrase from the applicable supplementary regulation. C. General Provisions. In this PORI 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, as amended. D. Zoning Districts - Generally. In this PORI 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, as amended. E. Land Use. In this PORI 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, as amended. 1. Land Use Regulations for Lot 3, as identified on the Preliminary Plat of Subdivision, prepared by Spaceco Inc., and dated January 30, 2006, with the latest revisions dated December 8, 2006: The “PORI Land Uses”, as identified in Section E.5.A & B, below, shall be the only land uses allowed as a “permitted use” (SR) or as a “conditional use” (SR) on Lot 3 of this PORI district. 2. Land Use Regulations for Lots 1, 2, 4, and 5 as identified on the Preliminary Plat of Subdivision, prepared by Spaceco, Inc., and dated January 30, 2006, with the latest revisions dated December 8, 2006: FEBRUARY 14, 2007 VOLUME LXXII 77 a. The “PORI Land Uses”, as identified in section E.5.A & B, below, and the “AB Land Uses”, as identified in section E.6.A & B, below, shall be the only land uses allowed as a “permitted use” (SR) or as a “conditional use” (SR) on Lots 1, 2, 4 and 5 of this PORI district. b. No Bracketed PORI Land Use (as hereafter defined) shall be located on Lot 2 where Bracketed AB Land Uses have been established on Lots 1 and 4 unless otherwise approved by the City's zoning administrator or by the corporate authorities if the City of Elgin. c. Similarly, no Bracketed PORI Land Use (as hereafter defined) shall be located on Lot 4 where Bracketed AB Land Uses have been established on Lots 2 and 5 unless otherwise approved by the City's zoning administrator or by the corporate authorities if the City of Elgin. 3. Land Use Regulations for Lots 6 and 7 as identified on the Preliminary Plat of Subdivision, prepared by Spaceco, Inc., and dated January 30, 2006, with the latest revisions dated December 8, 2006: a. The “PORI Land Uses”, as identified in section E.5.A & B, below, and the “AB Land Uses”, as identified in section E.6.A & B, below, shall be the only land uses allowed as a “permitted use” (SR) or as a “conditional use” (SR) on Lots 6 and 7 of in this PORI district. b. No Bracketed PORI Land Use (as hereafter defined) shall be established on either Lot 6 or 7 when a Bracketed AB Land Use (as hereafter defined) has been established first on either lot. 4. Land Use Regulations for Lot 8 as identified on the Preliminary Plat of Subdivision, prepared by Spaceco, Inc., and dated January 30, 2006, with the latest revisions dated December 8, 2006: a. The “PORI Land Uses”, as identified in Section E.5.A & B, below, and the “AB Land Uses”, as identified in section E.6.A & B, below, shall be the only land uses allowed as a “permitted use” (SR) or as a “conditional use” (SR) on Lot 8 of this PORI district. 5. PORI Land Uses. The following “land uses” (SR) shall be the only land uses allowed as a “permitted use” (SR) or as a “conditional use” (SR) in this PORI district. VOLUME LXXII FEBRUARY 14, 2007 78 A. Permitted Uses. The following enumerated land uses shall be the only land uses allowed as a permitted use in this PORI zoning district. Those uses set forth in brackets "[use]" shall herein be referred to as "Bracketed PORI Land Uses": i. Municipal Services Division: Public parks, recreation, open space (UNCL) on a "zoning lot" [SR] containing less than two (2) acres of land. ii. Offices Division: "Offices" [SR] (UNCL). iii. Finance, Insurance, And Real Estate Division: "Development sales offices" [SR] (UNCL). Finance, insurance, and real estate (H), subject to the provision that there be no more than one banking institution in the subdivision. iv. Services Division: Advertising (731). Carpet and upholstery cleaning agents without plants on the premises (7217). Commercial, economic, sociological, and educational research (8732). Commercial physical and biological research (8731). Computer programming, data processing, and other computer- related services (737). Computer rental and leasing (7377). Consumer credit reporting agencies, mercantile reporting agencies, and adjustment and collection agencies (732). Detective and guard services (7381). Electrical and electronic repair shops (7629). Engineering, accounting, research, management, and related services (87). Home health care services (808). "Hotels and motels" [SR] (701). Job training and vocational rehabilitation services (833). Legal services (811). Libraries (823). Linen supply (7213). Mailing, reproduction, commercial art and photography, and stenographic services (733). Management and public relations services (874). Medical and dental laboratories (807). Membership organizations (86). Motion picture distribution and allied services (782). Motion picture production and allied services (781). News syndicates (7383). Noncommercial research organizations (8733). Offices and clinics of dentists (802). FEBRUARY 14, 2007 VOLUME LXXII 79 Offices and clinics of doctors of medicine (801). Offices and clinics of doctors of osteopathy (803). Offices and clinics of other health practitioners (804). Other schools and educational services (829). Outdoor advertising services (7312). Personnel supply services (736). [Photofinishing laboratories (7384)]. Physical Fitness Facilities (7999) Professional sports operators and promoters (7941). [Refrigerator and air-conditioning service and repair (7623).] [Reupholstery and furniture repair (764).] Security systems services (7382). Tax return preparation services (7291). [Testing laboratories (8734).] Theatrical producers (792). Vocational schools (824). v. Retail Trade Division: Automatic merchandising machine operators (5962). Catalog and mail-order houses (5961). vi. Agricultural Division: Crop services (072). Farm labor and management services (076). Landscape counseling and planning (0781). Soil preparation services (071). vii. Construction Division: ["Contractor's office and equipment areas" [SR] (UNCL).] viii. Manufacturing Division: [Apparel and other finished products made from fabrics and similar materials (23).] [Computer and office equipment (357).] [Electronic and other electrical equipment and components (36).] [Fabricated metal products (34).] [Furniture and fixtures (25).] [Industrial and commercial machinery and equipment (35).] [Leather and leather products (31).] [Measuring, analyzing, and controlling instruments;] photographic, medical, and optical goods; and watches and clocks (38).] [Primary metal industries (33).] [Printing, publishing, and allied industries (27).] [Stone, clay, glass and concrete products (32).] [Tobacco products (21).] [Transportation equipment (37).] ix. Wholesale Trade Division: Apparel piece goods and notions (513). VOLUME LXXII FEBRUARY 14, 2007 80 Beer, wine and distilled alcoholic beverages (518). Drugs, drug proprietary and druggists' sundries (512). Chemicals and allied products (516). Electrical goods (506). [Farm product raw materials (515).] Furniture and home furnishings (502). Groceries and related products (514). [Hardware, and plumbing and heating equipment and supplies (507).] [Lumber and other construction materials (503).] [Machinery, equipment, and supplies (508).] [Metals and minerals, except petroleum (505).] Motor vehicles and motor vehicle parts and supplies (501). Paper and paper products (511). [Petroleum and petroleum products (517)]. Professional and commercial equipment and supplies (504). x. 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). Courier services (4215). Freight forwarding in general (4731), subject to the provision that it is allowed as a permitted use on lot 3, and as a conditional use on all other lots. Intercity and rural bus transportation operators' offices (413). Local and suburban passenger transportation operators' offices (411). [Natural gas transmission and distribution (4922) (4924).] [Packing and crating (4783).] [Public warehousing and storage (422), subject to the provision that it is allowed as a permitted use on lot 3, and as a conditional use on all other lots] "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). FEBRUARY 14, 2007 VOLUME LXXII 81 "Treatment, transmission and distribution facilities: poles, wires, cables, conduits, laterals, vaults, pipes, mains and valves" [SR] (UNCL). xi. Miscellaneous Uses Division: "Accessory structures" [SR] (UNCL) to the permitted uses allowed in the ORI Office Research Industrial District, subject to the provisions of Section 19.12.500 of this Title. "Accessory uses" [SR] (UNCL) to the permitted uses allowed in the ORI Office Research Industrial District to the provisions of Section 19.10.400 of this Title. "Fences and walls" [SR] (UNCL). "Loading facilities" [SR] (UNCL), exclusively "accessory" [SR] to a permitted use allowed in the ORI Office Research Industrial District, subject to the provisions of Chapter 19.47 of this Title. "Parking lots" [SR] (UNCL), exclusively "accessory" [SR] to a permitted use allowed in the ORI Office Research Industrial 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 ORI Office Research Industrial 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). B. Conditional Uses: The following enumerated land uses shall be the only land uses allowed as a conditional use in this PORI Planned Office Research Industrial District: i. Municipal Services Division: "Municipal facilities" [SR] (UNCL) on a zoning lot containing less than two (2) acres of land. ii. Public Administration Division: Public administration (J) on a zoning lot containing less than two (2) acres of land. iii. Services Division: Armored car service (7381). Carpet or rug cleaning, dying, or repairing plants (7217). Child daycare services (835). Dry-cleaning plants (7216). Individual and family social services (832). Industrial launderers (7218). Power laundries (7211). Truck route laundry and dry cleaning not operated by laundries or cleaners (7212). VOLUME LXXII FEBRUARY 14, 2007 82 iv. Manufacturing Division: Chemicals and allied products (28). Food and kindred products (20). Lumber and wood products (24). Paper and allied products (26). Petroleum refining and related industries (29). Rubber and miscellaneous plastics products (30). Textile mill products (22). v. Transportation, Communication And Utilities Division: "Commercial antenna tower" [SR] (UNCL). "Conditional commercial antenna tower" [SR] (UNCL). "Conditional commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL). Heliports (458). Natural gas storage. "Other radio and television antennas" [SR] (UNCL). "Other satellite dish antennas" [SR] (UNCL). Pipelines, except natural gas (461). Public warehousing and storage (422). Railroad tracks (401). "Treatment, transmission and distribution facilities: equipment, equipment buildings, towers, exchanges, substations, regulators" [SR] (UNCL). Water transportation (44). vii. Miscellaneous Uses Division: "Accessory package liquor sales establishment" [SR] (UNCL). "Accessory structures" [SR] (UNCL) to the conditional uses allowed in the ORI Office Research Industrial District, subject to the provisions of Section 19.12.500 of this Title. "Accessory uses" [SR] (UNCL) to the conditional uses allowed in the ORI Office Research Industrial District, subject to the provisions of Section 19.10.400 of this Title. "Commercial operations yard" [SR] (UNCL). "Master signage plan" [SR], subject to the provisions of Chapter 19.50 of this Title. “Outdoor display areas” [SR] (UNCL) “Outdoor display lots” [SR] (UNCL) "Parking lots" [SR] (UNCL), subject to the provisions of Chapter 19.45 of this Title. "Parking structures" [SR], 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 19.60 of this Title. FEBRUARY 14, 2007 VOLUME LXXII 83 6. AB Land Uses. The following “land uses” (SR) shall be the only land uses allowed as a “permitted use” (SR) or as a “conditional use” (SR) in this PORI district. Those uses set forth in brackets "[use]" shall herein be referred to as "Bracketed AB Land Uses": A. Permitted Uses: The following enumerated AB Area Business land uses shall be the only land uses allowed as a permitted use in this PORI District: i. Services Division: Automotive renting and leasing without drivers (751). Barbershops (724). Beauty shops (723). Garment pressing, and agents for laundries and dry cleaners (7212). Miscellaneous equipment rental and leasing (735). Motion picture theaters (7832). Physical fitness facilities (7999) Photographic studios, portrait (722). Radio and television repair shops (7622). Videotape rental (784). ii. Retail Trade Division: [Apparel and accessory stores (56).] Building materials, hardware and garden supply (52). [Carryout restaurants (5812).] [Drinking places (alcoholic beverages) (5813).] Drugstores and proprietary stores (591). [Eating places (5812).] [Florists (5992).] Food stores (54). [General merchandise stores (53).] [Home furniture, furnishings and equipment stores (57).] Miscellaneous retail stores not elsewhere classified (5999). [Miscellaneous shopping goods stores (594).] Motor vehicle dealers (5994). [News dealers (5994).] [Optical goods stores (5995).] ["Outdoor eating and drinking facilities" [SR] (UNCL).] iii. Agricultural Division: Dog grooming (0752). Farm labor and management services (076). Landscape counseling and planning (0781). Lawn and garden services (0782). Ornamental shrub and tree services (0783). Veterinary services for household pets (0742). VOLUME LXXII FEBRUARY 14, 2007 84 iv. 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). v. 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, specifically limited to one drive thru facility associated with an economically valued fast food restaurant such as McDonald’s, Wendy’s, Burger King, Taco Bell, Arby’s, Dunkin Donuts, etc., for the entire subdivision. Drive-through facilities for mid-valued fast food restaurants such as Starbuck’s or Portillo’s, and other non-restaurant land uses (such as, by way of example only, drug stores) shall be permitted and not limited. "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. "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). FEBRUARY 14, 2007 VOLUME LXXII 85 B. Conditional Uses: The following enumerated AB Area Business District land uses shall be the only land uses allowed as a conditional use in this PORI District: i. 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). Discotheques (7911). Drive-in motion picture theaters (7833). "Home child daycare services" [SR] (8351). Individual and family social services (832). Membership organization (86) Membership sports and recreation clubs (7997) Power laundries (7211). ii. Retail Trade Division: Convenience food stores, operated on a twenty four (24) hour basis (5411). Drive-in restaurants (5812). Firearms sales (5941). "Package liquor sales establishments" [SR] (5921). iii. Wholesale Trade Division: Beer, wine, and distilled alcoholic beverages (518) Lumber and other construction materials (503). iv. 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) subject to the provision that it is allowed as a permitted use on lot 3, and as a conditional use on all other lots. "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). VOLUME LXXII FEBRUARY 14, 2007 86 Water transportation (44). v. Miscellaneous Uses Division: "Accessory package liquor sales establishment" [SR] (UNCL). "Accessory structures" [SR] (UNCL) to the conditional uses allowed in the AB Area Business District, subject to the provisions of Section 19.12.500 of this Title. "Accessory uses" [SR] (UNCL) to the conditional uses allowed in the AB Area Business District, subject to the provisions of Section 19.10.400 of this Title. "Commercial operations yards" [SR] (UNCL). "Master signage plan" [SR], subject to the provisions of Chapter 19.50 of this Title. "Outdoor display areas" [SR] (UNCL). "Outdoor display lots" [SR] (UNCL). "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 PORI 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 Municipal Code, as amended, except as may be otherwise provided in this section. In this PORI zoning district, the site design regulations shall be as follows: 1. General Conditions. The following general conditions will apply to the development of land and structures within this PORI zoning district: a. Substantial conformance to the preliminary plat of subdivision for Capital Corporate Center prepared by Spaceco, Inc., dated January 30, 2006, and last revised on December 8, 2006. b. Substantial conformance with the preliminary site improvement plans for Capital Corporate Center prepared by Spaceco, Inc., dated February 9, 2006, and last revised on October 18, 2006, with such further revisions required by the City Engineer in the memorandum entitled "Capital Corporate Center-Bartels Property at Mason Road Preliminary Plan Review". 2. Zoning Lots. In this PORI zoning district, “zoning lots” shall be subject to the provisions of Section 19.12.300, zoning Lots - Clarifications and Exceptions, of the Elgin Municipal Code, as amended. FEBRUARY 14, 2007 VOLUME LXXII 87 3. Lot Area. In this PORI zoning district, the minimum required “zoning lot area” shall be 40,000 square feet, except for lot 8, which shall be approximately 19,375 square feet. 4. Lot Width. In this PORI zoning district, there shall be no minimum required lot width for a zoning lot. 5. Setbacks - Generally. In this PORI zoning district, “setbacks” shall be subject to the provisions of Section 19.12.400, Setbacks - Clarifications and Exceptions, of the Elgin Municipal Code, as amended. 6. Setbacks by Lot Line. In this PORI zoning district, the minimum required “building” setbacks” and “vehicle use area setbacks” from a “lot line” for a zoning lot shall be as follows: a. Building Setbacks. In this PORI zoning district, the minimum required “building setbacks” for a zoning lot shall be as follows: (1) Street Setback. The minimum required building setback from Mason Road “street lot line” and from Capital Street "street lot line" [SR] shall be as follows: From Mason Road (60 feet ROW) 25 feet From Capital Street (52 feet ROW) 30 feet If the land which abuts the easterly boundaries of each of lots 6, 7 and 8 is acquired by the Illinois Toll Highway Authority and used as a toll road off-ramp, then from this Illinois Toll Highway right of way: Lot 6 (as identified on the “Preliminary Plat”): 75 feet Lots 7 and 8 (as identified on the “Preliminary Plat”): 50 feet (2) Interior Setback. The minimum required building setback from an "interior lot line" [SR] shall be 20 linear feet. b. Vehicle Use Area Setbacks by Lot Line. In this PORI zoning district, the minimum required “vehicle use area setbacks” for a zoning lot shall be as follows: (1) Street Setback. The minimum required vehicle use area setback from Mason Road shall be 10 linear feet and from Capital Street shall be 15 linear feet. VOLUME LXXII FEBRUARY 14, 2007 88 (2) Interior Setback. The minimum required vehicle use area setback from an interior lot line shall be 6 linear feet (3) If the land which abuts the easterly boundaries of each of lots 6, 7 and 8 is acquired by the Illinois Toll Highway Authority and used as a toll road off-ramp, then from the future Illinois Toll Highway right of way adjoining the east boundaries of Lots 6, 7 and 8 the minimum required vehicle use setback shall be 10 linear feet. 7. Accessory Structures and Buildings. In this PORI zoning district, “accessory structures and buildings” shall be subject to the provisions of Section 19.12.500, Accessory Structures and Buildings. 8. Yards - Generally. In this PORI 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, Obstructions in Yards, with the following exceptions: 9. Landscape Yards. In this PORI zoning district, landscape yards shall be as follows: a. Landscaping - Generally. All "yards" [SR] established by a required building setback or by the actual location of a building and not occupied by allowable improvements constructed in conformance to all applicable codes and ordinances shall be landscaped with grass, shrubs, trees, or other suitable pervious groundcover, as follows: (1) Street Yard. Street yards shall be fully landscaped. (2) Side and Rear Yard. Side and rear yards shall be fully landscaped. (3) Foundation Yards. A minimum 10 linear foot wide landscaped area shall be provided along the front of a building, and a minimum 5 linear foot wide landscaped area shall be provided along the sides and rear of building. These planting areas need not be uniform in shape so long as the required amount of space is landscaped. Sidewalks shall be located outside of required foundation yard areas, with the exception of direct building access or courtyard use. No foundation yard shall be required at loading and services entries to a building. FEBRUARY 14, 2007 VOLUME LXXII 89 (5) Parking and Drives. With the exception of entrance drives and motor vehicle overhangs, no parking or drive shall be located within any required landscaped area. (6) Irrigation. Irrigation requirements for landscape yards shall be as follows: 1. Lots 6 and 7: All landscape areas shall be fully irrigated. 2. Lots 1, 2, 4, and 5: only street yards shall be fully irrigated. 3. Lot 3. No irrigation will be required. b. Landscaping. Landscaping within the aforesaid setback areas shall satisfy the following minimum requirements: (1) Parking Landscape Area. Where a parking lot is located adjacent to Mason Road or Capital Street, the Vehicle Use Setback shall be landscaped with that minimum number of trees and shrubs that is 50% percent greater than that required by Section 19.12.700 C. of the Elgin Municipal Code. The required number of trees shall be comprised of both deciduous and coniferous trees. Where parking is located adjacent to other street rights of way, there shall be a minimum 12 shrubs (each at least 2.5 feet in height) per 100 linear feet, and 2.5 trees (each having at least a 3 inch caliper) per 100 linear feet. (2) Building Landscape Area. Where a building is located adjacent to a street right of way, there shall be a minimum of 6 shrubs (each at least a 2.5 feet in height) per 100 linear feet, 2 trees (each having at least a 3 inch caliper) per 100 linear feet, and 2 ornamental trees (each having at least a 2 inch caliper) per 100 linear feet. (3) Grouping of Trees. Grouping of required trees and shrubs shall be encouraged in combination with berming. (4) Curbed Tree Islands. A curbed tree island shall be required after every 20 parking spaces. The island must measure at least 9 feet by 18 feet and contain at least one tree (having at least a 3 inch caliper). 9. Floor Area: Building Height. In this PORI District, the maximum "floor area" for a zoning lot shall not exceed 100% of the zoning lot area. There shall be no maximum building height. VOLUME LXXII FEBRUARY 14, 2007 90 10. Building Coverage. In this PORI District, the maximum "building coverage" [SR] for a zoning lot shall not exceed 70% of the zoning lot area. G. Off Street Parking. In this PORI 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. a. Required Number of Parking Stalls. The required number parking stalls shall be subject to provisions of Chapter 19.45, Off Street Parking, of the Elgin Municipal Code, except as follows: For Warehouse, storage, and distribution facilities, the parking stall requirements shall be based on the following stepped parking requirements: Area in Square Feet Parking Stalls Required 1 to 20,000 1 stall per 1,500/SF 20,001 to 50,000 1 stall per 1,750/SF 50,001 to 75,000 1 stall per 2,000/SF 75,001 and over 1 stall per 2,500/SF b. Land Reservation for Parking Not Provided. For zoning lots where the initial occupant can document that the land use requires less parking than required in this subsection, only the number of stalls required by the occupant shall be required to be constructed, provided that this number is not less than 1/3 of the total required number of parking stalls. Adequate land area for the required number of off street parking stalls in accordance with this subsection shall be designated and reserved for off street parking purposes. A written covenant agreeing to construct the additional required parking stalls shall be submitted to the zoning officer. Such covenant shall be reviewed by the Zoning Officer, approved as to content and form by the Corporation Counsel, and filed by the property owner for record in the office of the County Recorder. Upon subsequent certification by the Zoning Officer that the full number of parking stalls required under this subsection are needed because the demand for off street parking stalls exceeds the capacity of the off street parking facility and that such demand is of a continuing and regular nature, the owner of the building shall construct the full number of parking spaces required under this subsection. c. Collective Parking Facilities. Off street parking facilities for separate uses may be provided collectively, if the total number of stalls so provided FEBRUARY 14, 2007 VOLUME LXXII 91 is not less than the sum of the separate requirements of each sum ""land use" [SR], and if all the regulations governing the location of accessory off street facilities in relation to the use served are observed. The off street parking facilities may be provided jointly or collectively within the property or on contiguous properties controlled by the owners of the zoning lots by written covenant or agreement between the owners of such zoning lots and adjacent properties. d. Stalls and Aisles. "Parking aisles" [SR] shall be a minimum of 24 linear feet in width, or an equivalent for angle parking. "Parking stalls" [SR] shall be a minimum of 9 linear feet in width by 18 linear feet in length, or an equivalent for angle parking. Parking spaces for the physically handicapped shall be provided in proximity to building entrances. The parking requirements and related curb cuts and ramps for the physically handicapped shall comply with the Illinois Handicapped Accessibility Code. There shall be a back of curb parking lot dimension of 43 feet for single loaded aisles and 61 feet for double loaded aisles. Where there is a landscaped area immediately adjacent to the parking lot, a deduction of 1.5 foot per car for overhang shall be allowable. e. Striping and Markings. All parking lot striping and other markings shall be white. f. Landscape Islands. Landscaped islands shall be 9 linear feet wide and provided every 20 parking spaces. g. Approaches. The maximum width of an approach at the curb line shall be as approved by the City Engineer. The minimum radius shall be 10 feet. h. Curb. All landscaped islands, drives and edges of paving shall be defined with B6:12 curb and gutter. i. Paving. Vehicular access to or from a public right of way shall be provided on a concrete approach and "driveway" [SR] within a public right of way leading from a "zoning lot" [SR] to an improved "street" [SR]. At a minimum, the approach shall be paved with concrete for the first fifteen 15 feet, beginning at the street curb. the design of approaches and driveway crossing a public right of way shall also be subject to the provisions and requirements of Title 13, Streets and Sidewalks; Chapter 13.08, Driveways. For bituminous concrete surfaces, there shall be a minimum of two inches of bituminous concrete over eight inches of compacted gravel. Equivalent VOLUME LXXII FEBRUARY 14, 2007 92 thicknesses of bituminous concrete may be substituted for gravel provided that the total pavement thickness is a minimum of ten inches. For Portland Cement concrete surfaces, there shall be a minimum of four inches of Portland cement concrete over four inches of compacted gravel. Equivalent thicknesses of Portland cement concrete may be substituted for gravel provided that the total pavement thickness is a minimum of eight inches. Service areas are subject to abuse, such as dumpster service areas, shall be constructed with concrete paving. Paved walks or pedestrian areas near or adjacent to buildings shall be of appropriate materials other than bituminous paving. H. Off Street Loading. In this PORI zoning district, off street loading shall be subject to the provisions of Chapter 19.47, Off Street Loading, of the Elgin Municipal Code, as may be amended. I. Signs. In this PORI zoning district, signs shall be subject to the provisions of Chapter 19.50, Signs, of the Elgin Municipal Code, as may be amended. J. Nonconforming Uses and Structures. In this PORI zoning district, nonconforming uses and structures shall be subject to the provisions of Chapter 19.52, Nonconforming Uses and Structures, of the Elgin Municipal Code, as may be amended. K. Planned Developments. This PORI zoning district shall be subject to the provisions of Chapter 19.60, Planned Developments, of the Elgin Municipal Code, as may be amended. A conditional use for a planned development may be requested by an individual property owner for a zoning lot without requiring an amendment to this PORI zoning district and without necessitating that all other property owners authorize such an application. L. Conditional Uses. In this PORI zoning district, conditional uses shall be subject to the provisions of Chapter 19.65 Conditional Uses, of the Elgin Municipal Code, as may be amended. A conditional use may be requested by an individual property owner for a zoning lot without requiring an amendment to this PORI zoning district and without necessitating that all other property owners authorize such an application. M. Variations. Any of the requirements of this ordinance may be varied, 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 PORI zoning district and without necessitating that all other property owners authorize such an application. FEBRUARY 14, 2007 VOLUME LXXII 93 N. Appeals. Any requirement, determination, or interpretation associated with the administration and enforcement of the provision of this ordinance may be appealed subject to the provisions of Chapter 19.75, Appeals, of the Elgin Municipal Code, as may be amended. O. Subdivisions - Generally. In this PORI zoning district, subdivisions shall be subject to the provisions of Title 18, Subdivisions, of the Elgin Municipal Code, as may be amended, except as may be specifically provided otherwise in this planned industrial district ordinance or in the preliminary plat approved by the corporate authorities as part of the annexation of the subject property. The final plats and the final engineering plans and specifications shall be in substantial conformance with this PORI district and the Preliminary Plat for Capital Corporate Center, prepared by Spaceco, Inc., dated January 30, 2006, last revised dated December 8, 2006, and the Preliminary Site Improvement Plans, prepared by Spaceco, Inc., dated February 9, 2006, last revised dated October 18, 2006. P. Subdivisions - Design Standards. In this PORI zoning district, subdivisions shall be subject to the provisions of Chapter 18.24, Design Standards, of the Elgin Municipal Code, as may be amended, with the following exceptions: a. Additional Subdivision. "Lots of record" (SR) may be platted at any number, size, width, or depth. Additional lots of record may be established subsequent to final plat approval provided that such lots of record are established in compliance with the State Plat Act and provided that all resulting "zoning lots" (SR) conform to all of the provisions of this planned industrial district ordinance. b. Right of Way. The widths of the dedicated right of way on the Subject Property shall be as set forth in the Preliminary Plat of Subdivision for the Subject Property prepared by Spaceco, Inc., dated January 30, 2006, last revised dated December 8, 2006. c. Easements. The rights of way on the Subject Property shall be bounded by easements as depicted on the preliminary plat of subdivision. Such easements shall be granted to the City and shall be permanent and exclusive easements and shall include further provisions whereby the grantors and their successors and assigns shall not construct, install or maintain any buildings, structures or other improvements of any type within the Easement Premises, nor undertake any other activities in the Easement Premises which interferes with the City of Elgin's intended use thereof. Said easement areas shall be seeded after utility construction and installation is completed. VOLUME LXXII FEBRUARY 14, 2007 94 R. Building and Construction - Generally. In this PORI zoning district, building and construction shall be subject to the provisions of Title 16, Building and Construction, of the Elgin Municipal Code, as may be amended, except as may be specifically provided otherwise in this planned industrial district ordinance. 1. Design Guidelines. The Design Guidelines prepared by Monarch Design & Construction, LLC dated November 20, 2006 and attached hereto as Exhibit 1 shall be applicable to the development of the Subject Property. All buildings constructed on the Subject Property shall be constructed in conformance with such Design Guidelines and other applicable requirements of law. 2. All sanitary sewers shall be overhead sewers. 3. All structures containing sump pits and pumps shall have separate lines connecting the sump pump to the storm sewer as required by the City Engineer and the Development Administrator. Section 4. That 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: February 14, 2007 Passed: February 14, 2007 Vote: Yeas: 7 Nays: 0 Recorded: February 15, 2007 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE G11-07 PASSED AMENDING ORDINANCE G74-04 CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT (SHADOW HILL UNIT 4 SUBDIVISION - 3625 AND 3650 WATER ROAD) Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. FEBRUARY 14, 2007 VOLUME LXXII 95 Ordinance No. G11-07 AN ORDINANCE AMENDING ORDINANCE G74-04 CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT (Shadow Hill Unit 4 Subdivision - 3625 and 3650 Water Road) WHEREAS, the territory herein described has been annexed to the City of Elgin; and WHEREAS, written application has been made to classify said territory in the PSFR2 Planned Single Family Residence District; and WHEREAS, after due notice in the manner provided by law the Planning and Development Commission conducted a public hearing concerning said application and has submitted its written findings and recommendations; and WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Planning and Development Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 19.07, Section 19.07.600 entitled “Zoning District Map” of the Elgin Municipal Code, 1976, as amended, be and the same is hereby further amended by adding thereto the following paragraph: “The boundaries herein before laid out in the ‘Zoning District Map’, as amended, be and are hereby altered by including in the PSFR2 Planned Single Family Residence District, the following described property: That part of section 19, township 41 north, range 8 east of the third principal meridian and part of section 24, township 41 north, range 7 east of the third principal meridian, described as follows: commencing at the southwest corner of the southeast quarter of said section 24; thence north 01 degrees 00 minutes 28 seconds west, 313.50 feet; thence north 40 degrees 31 minutes 24 seconds east, 392.47 feet to the point of beginning; thence continue northeasterly along said line, 2643.37 feet thence north 64 degrees 53 minutes 18 seconds east, 238.58 feet; thence north 66 degrees 17 minutes 37 seconds east, 96.68 feet; thence north 73 degrees 24 minutes 10 seconds east, 97.02 feet; thence north 81 degrees 08 minutes 04 seconds east, 97.14 feet; thence north 87 degrees 30 minutes 09 seconds east. 62.82 feet; thence south 89 degrees 59 minutes 50 seconds east, 99.50 feet; thence south 00 degrees 00 minutes 10 seconds west, 499.00 feet; thence south 89 degrees 59 minutes 50 seconds east, 100.00 feet; thence southerly, tangent to the last described course, 319.67 feet along a curve concave to the west, having a radius of 101.75 feet, the chord of said curve bearing south 00 degrees 00 minutes 10 seconds west; thence north 89 degrees 59 minutes 50 seconds west, 100.00 feet; thence south 00 degrees 00 minutes 10 seconds west, 364.28 feet; thence southerly, tangent to the last described course, 176.80 feet along a curve concave to the west, having a radius of 250.00 feet, the chord of said curve bearing south 20 degrees 15 minutes 47 seconds west; thence south 40 VOLUME LXXII FEBRUARY 14, 2007 96 degrees 31 minutes 24 seconds west, 756.39 feet; thence south 49 degrees 28 minutes 36 seconds east, 158.00 feet; thence south 40 degrees 31 minutes 24 seconds west, 320.00 feet; thence south 12 degrees 23 minutes 14 seconds west, 90.72 feet; thence south 12 degrees 31 minutes 57 seconds east, 94.29 feet; thence south 02 degrees 44 minutes 57 seconds west, 82.64 feet; thence south 18 degrees 01 minutes 51 seconds west, 76.73 feet; thence south 31 degrees 09 minutes 27 seconds west, 60.74 feet; thence south 40 degrees 31 minutes 24 seconds west, 210.86 feet; thence south 54 degrees 29 minutes 12 seconds west, 66.01 feet; thence south 89 degrees 03 minutes 54 seconds west, 189.96 feet; thence north 75 degrees 52 minutes 55 seconds west, 91.35 feet; thence north 63 degrees 02 minutes 44 seconds west, 84.71 feet; thence north 49 degrees 28 minutes 36 seconds west, 492.54 feet; thence south 40 degrees 31 minutes 24 seconds west, 289.05 feet; thence south 57 degrees 23 minutes 51 seconds west, 64.27 feet; thence south 61 degrees 59 minutes 38 seconds west, 52.64 feet; thence south 75 degrees 01 minutes 38 seconds west, 77.91 feet; thence south 88 degrees 03 minutes 38 seconds west, 77.91 feet; thence north 78 degrees 54 minutes 22 seconds west, 77.91 feet; thence north 65 degrees 52 minutes 22 seconds west, 77.91 feet; thence north 52 degrees 50 minutes 22 seconds west, 77.91 feet; thence north 39 degrees 48 minutes 22 seconds west, 77.91 feet; thence north 26 degrees 46 minutes 22 seconds west, 74.03 feet; thence north 13 degrees 44 minutes 22 seconds west, 85.45 feet; thence north 00 degrees 42 minutes 22 seconds west, 163.35 feet; to the point of beginning, excepting therefrom that part described as follows; commencing at the southwest corner of the southeast quarter of said section 24; thence north 01 degrees 00 minutes 28 seconds west (bearings assumed for description purposes), 313.50 feet; thence north 40 degrees 31 minutes 24 seconds east, 1555.21 feet; thence southeasterly, 183 feet perpendicular to the last described course to the point of beginning; thence north 40 degrees 31 minutes 24 seconds east, 346.00 feet; thence south 49 degrees 28 minutes 36 seconds east, 632.00 feet; thence south 40 degrees 31 minutes 24 seconds west, 346.00 feet; thence north 49 degrees 28 minutes 36 seconds west, 632.00 feet; to the point of beginning, in Kane County, Illinois. And also, that part of section 19, township 41 north, range 8 east of the third principal meridian and part of section 24, township 41 north, range 7 east of the third principal meridian, described as follows: commencing at the at the southwest corner of the southeast quarter of said section 24; thence north 01 degrees 00 minutes 28 seconds west, 313.50 feet; thence north 40 degrees 31 minutes 24 seconds east, 2844.84 feet; thence north 72 degrees 38 minutes 04 seconds west, 1040.52 feet; thence northeasterly, tangent to the last described course, 262.37 feet along a curve concave to the northwest, having a radius of, 8121.32 feet, the chord of said curve bearing north 41 degrees 30 minutes 19 seconds east; thence north 40 degrees 34 minutes 47 seconds east, 527.96 feet; thence south 49 FEBRUARY 14, 2007 VOLUME LXXII 97 degrees 31 minutes 14 seconds east, 905.83 feet; thence north 40 degrees 32 minutes 50 seconds east, 124.85 feet to the point of beginning; thence continue northeasterly along the last described course, 1954.45 feet; thence south 48 degrees 39 minutes 04 seconds east, 798.19 feet; thence south 35 degrees 25 minutes 59 seconds west, 1664.09 feet; thence north 49 degrees 27 minutes 10 seconds west, 281.45 feet; thence south 40 degrees 32 minutes 50 seconds west, 310.44 feet; thence southwesterly, tangent to the last described course, 67.65 feet along a curve concave to the southeast, having a radius of 150.00 feet, the chord of said curve bearing south 27 degrees 37 minutes 35 seconds west to a point of reverse curvature; thence southwesterly tangent to the last described course, 67.65 feet along a curve concave to the northwest, having a radius of 150.00 feet, the chord of said curve bearing south 27 degrees 37 minutes 35 seconds west; thence south 40 degrees 32 minutes 50 seconds west, 219.12 feet; thence southwesterly, tangent to the last described course, 128.65 feet along a curve concave to the northwest, having a radius of 150.00 feet, the chord of said curve bearing south 65 degrees 07 minutes 00 seconds west; thence south 00 degrees 00 minutes 10 seconds west, 168.00 feet; thence north 89 degrees 59 minutes 50 seconds west, 729.50 feet; thence south 88 degrees 32 minutes 02 seconds west, 45.11 feet; thence south 85 degrees 49 minutes 11 seconds west, 38.26 feet; thence south 83 degrees 19 minutes 43 seconds west, 38.26 feet; thence south 80 degrees 50 minutes 15 seconds west, 38.26 feet; thence south 78 degrees 20 minutes 47 seconds west, 38.26 feet; thence south 75 degrees 51 minutes 19 seconds west, 38.26 feet; thence south 73 degrees 21 minutes 51 seconds west, 38.26 feet; thence south 70 degrees 52 minutes 23 seconds west, 38.26 feet; thence south 68 degrees 22 minutes 55 seconds west, 38.26 feet; thence south 66 degrees 00 minutes 44 seconds west, 34.52 feet; thence south 64 degrees 53 minutes 18 seconds west, 284.00 feet; thence south 66 degrees 30 minutes 05 seconds west, 88.66 feet; thence south 73 degrees 24 minutes 55 seconds west, 94.30 feet; thence south 80 degrees 55 minutes 22 seconds west, 94.25 feet; thence south 88 degrees 25 minutes 35 seconds west, 94.20 feet; thence north 84 degrees 04 minutes 26 seconds west, 94.16 feet; thence north 76 degrees 34 minutes 39 seconds west, 94.11 feet; thence north 69 degrees 36 minutes 25 seconds west, 80.97 feet; thence north 62 degrees 45 minutes 03 seconds west, 91.24 feet; thence north 56 degrees 14 minutes 48 seconds west, 72.14 feet; thence north 50 degrees 30 minutes 14 seconds west, 72.14 feet; thence north 42 degrees 25 minutes 51 seconds east, 155.00 feet; thence south 27 degrees 36 minutes 07 seconds east, 35.11 feet; thence north 42 degrees 25 minutes 51 seconds east, 366.46 feet; thence north 72 degrees 36 minutes 07 seconds west, 36.42 feet; thence north 42 degrees 25 minutes 51 seconds east, 523.68 feet; thence north 64 degrees 53 minutes 18 seconds east, 37.26 feet; thence easterly, tangent to the last described course, 750.86 feet along a curve concave to the south, having a radius of 1713.00 feet, the chord of said curve bearing north 77 degrees 26 VOLUME LXXII FEBRUARY 14, 2007 98 minutes 44 seconds east; thence south 89 degrees 59 minutes 50 seconds east, 436.12 feet; thence easterly, tangent to the last described course, 73.28 feet along a curve concave to the south, having a radius of 583.00 feet, the chord of said curve bearing south 86 degrees 23 minutes 47 seconds east; thence north 10 degrees 26 minutes 58 seconds east, 43.41 feet; thence northeasterly, tangent to the last described course, 96.13 feet along a curve concave to the southeast, having a radius of 183.00 feet, the chord of said curve bearing north 25 degrees 29 minutes 54 seconds east; to the point of beginning, excepting therefrom that part described as follows: commencing at the southwest corner of the southeast quarter of said section 24; thence north 01 degrees 00 minutes 28 seconds west (bearings assumed for description purposes), 313.50 feet; thence north 40 degrees 31 minutes 24 seconds east, 2844.84; thence north 72 degrees 38 minutes 04 seconds west, 1040.52 feet; thence north 42 degrees 25 minutes 51 seconds east, 1399.19 feet; thence northeasterly, tangent to the last described course, 262.37 feet along a curve concave to the northwest, having a radius of 8121.32 feet, the chord of said curve bearing north 41 degrees 30 minutes 19 seconds east; thence north 40 degrees 34 minutes 47 seconds east, 527.96 feet; thence south 49 degrees 31 minutes 14 seconds east, 905.83 feet; thence north 40 degrees 32 minutes 50 seconds east, 1919.10 feet; southeasterly, 155,69 feet perpendicular to the last described course to the point of beginning; thence south 48 degrees 39 minutes 04 seconds east, 440.62 feet; thence south 06 degrees 35 minutes 28 seconds east, 84.77 feet; thence south 35 degrees 28 minutes 07 seconds west, 268.47 feet; thence north 54 degrees 31 minutes 53 seconds west, 294.36 feet; thence north 49 degrees 27 minutes 10 seconds west, 232.86 feet; thence north 40 degrees 28 minutes 46 seconds east, 357.30 feet to the point of beginning, in Kane County, Illinois.” 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. FEBRUARY 14, 2007 VOLUME LXXII 99 C. General Provisions. In this PSFR2 zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.05, General Provisions, of the Elgin Municipal Code, 1976, as amended. D. Zoning Districts - Generally. In this PSFR2 zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.07, Zoning Districts, of the Elgin Municipal Code, 1976, as amended. E. Location and Size of District. This PSFR2 zoning district should be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate PSFR2 zoning district exclusive of rights-of- way, but including adjoining land or land directly opposite a right-of-way, shall not be less than two acres. F. Land Use. In this PSFR2 zoning district, the use of land and structures shall be subject to the provisions of Chapter 19.10, Land Use, of the Elgin Municipal Code, 1976, as amended. The following enumerated “land uses” [SR] shall be the only land uses allowed as a “permitted use” [SR] in this PSFR2 District: Residence Division. 1. “Single family detached dwellings” [SR] (UNCL). 2. “Residential garage sales” [SR] (UNCL). 3. “Residential occupations” [SR] (UNCL). 4. “Residential outdoor storage of firewood” [SR] (UNCL). 5. “Residential parking areas” [SR] (UNCL). Finance, Insurance, and Real Estate Division. 6. “Development sales office” [SR] (UNCL). Services Division. 7. “Family residential care facility” [SR] (8361). 8. “Home child day care services” [SR] (8351). Construction Division. 9. “Contractors office and equipment areas” [SR] (UNCL). Transportation, Communication, and Utilities Division. 10. “Radio and television antennas” [SR] (UNCL). VOLUME LXXII FEBRUARY 14, 2007 100 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). FEBRUARY 14, 2007 VOLUME LXXII 101 8. “Pipelines, except natural gas” (461). 9. “Railroad tracks” (401). 10. “Treatment, transmission and distribution facilities: equipment, equipment buildings, towers, exchanges, substations, regulators” [SR] (UNCL). Miscellaneous Uses Division. 11. “Planned developments” [SR] (UNCL) on a zoning lot containing less than two acres of land, subject to the provisions of Chapter 19.60, Planned Developments, of the Elgin Zoning Ordinance. 12. “Accessory structures” [SR] (UNCL) to the conditional uses allowed in this PSFR2 Planned Single Family Residence District, subject to the provisions of Chapter 19.12.500, Accessory structures and Buildings. 13. “Accessory uses” [SR] (UNCL) to the conditional uses allowed in this PSFR2 Single Family Residence District, subject to the provisions of Section 19.10.400, Component Land Uses. G. Site Design. In this PSFR2 zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.12, Site Design, of the Elgin Zoning Ordinance. In this PSFR2 zoning district, the site design regulations 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. The minimum required lot area for a zoning lot shall be 12,000 square feet for all “through lots” [SR] and for all “corner lots” [SR]. 3. Lot Width. The minimum required “lot width” [SR] for a zoning lot shall be seventy-five (75) linear feet. The minimum required “lot width” [SR] for a zoning lot shall be ninety (90) linear feet for “corner lots” [SR]. 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 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 twenty-five (25) linear feet. VOLUME LXXII FEBRUARY 14, 2007 102 b. Side Setback. The minimum required building setback from a “side lot line” [SR] shall be ten (10) linear feet. The combined width of the side setbacks from the side lot lines shall not be less than twenty (20) linear feet. c. Interior Setback. The minimum required building setback from an “interior lot line” [SR] shall be ten (10) linear feet. d. Rear Setback. The minimum required building setback from a “rear lot line” [SR] shall be forty (40) linear feet. e. Transition Setback. The minimum required building setback from a “transition lot line” shall be forty (40) linear feet. 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, except as follows: 1. Front porches and porticos not open to the sky may encroach no more than six (6) linear feet into the minimum required building setback from a “street lot line” [SR]. Porticos shall be defined as a covered entryway which protrudes from the main façade of the dwelling, but which is not as wide as the façade itself. 2. Balconies (open decks exceeding 48 inches in structure height) located on the rear of a dwelling unit located on lots 23-29, 55-61, 67-71, as identified on the Final Plat of Subdivision for Shadow Hill Unit Four, prepared by V Consultants and dated February 7, 2005, with revisions dated June 13, 2005, may encroach into the required rear building setback as follows: a. Alcott Model # 2406: maximum allowable encroachment of 10 feet, b. Emerson Model #2496: maximum allowable encroachment of 3.17 feet, c. Hemingway Model # 2727: maximum allowable encroachment of 4.5 feet, d. Fitzgerald Model # 2854: maximum allowable encroachment of 5.17 feet, e. Longfellow Model # 3115: maximum allowable encroachment of 4.17 feet, f. Whitman Model # 3350: maximum allowable encroachment of 0.5 feet, g. Stienbeck Model # 3674: maximum allowable encroachment of 0.5 feet, Approval of any encroachment shall also be in full conformance with subsections 13 a. and 13 b. of Section 2, paragraph G., of this Ordinance. FEBRUARY 14, 2007 VOLUME LXXII 103 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 0.38 (38%). 9. Building Coverage. 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 0.26 (26%). 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 and common areas shall be developed in substantial conformance to the landscape plans as submitted with the Preliminary Landscape Plan, Signage Plan, and Typical Townhome Landscape Plan, prepared by Signature Design Group, dated February 25, 2004. 13. Supplementary Regulations. In this PSFR2 zoning district, the use and development of land and structures shall also be subject to the following conditions: a. Substantial conformance with the Statement of Purpose submitted by John Nevenhoven, Land Entitlement Manager, Centex Homes, dated November 23, 2005. b. Substantial conformance with the Shadow Hill Unit 4 Deck Exhibit prepared by V Consultants and dated April 8, 2005. c. Substantial conformance to the Development Binder, prepared by Ryland Homes, dated June 14, 2004. d. Substantial conformance to the Preliminary Plat, prepared by Cemcon, Ltd., last revised June 21, 2004. e. Substantial conformance to the Preliminary Engineering Plan, prepared by Cemcon, Ltd., last revised June 21, 2004. f. Substantial conformance to the Illustrative Master Plan, Preliminary Landscape Plan, Signage Plan, and Typical Townhome Landscape Plan, prepared by Signature Design Group, dated February 25, 2004. g. Substantial conformance to the 4, 5, and 6 Unit Control Elevations and Control Plans, submitted by Ryland Homes, dated May 25, 2004. All building materials shall meet the design requirements of the Far West Area Plan. The single family homes shall conform to the garage orientation recommendations of the Far West Area Plan. h. Additional building elevations for residential structures to be structures to be constructed on the Subject Property may be authorized and VOLUME LXXII FEBRUARY 14, 2007 104 approved by the city’s Community Development Manager so long as any such additional building elevations are otherwise in compliance with the terms and provisions of this ordinance, the private covenants for the Subject Property, the annexation agreement for the Subject Property and the architectural and design guidelines in the city’s Far West Area Plan, as amended, including, but not limited to, the design guidelines provided for garages as set forth in Ordinance G6-01. i. 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 of 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, 19.76, as amended. I. Off-Street Loading. In this PSFR2 zoning district, off street loading shall be subject to the provisions of Chapter 1947, 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. The maximum surface area of a “Development Sign” [SR] shall be 84 square feet. 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, 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 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, 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 PSFR2 zoning district and without necessitating that all other property owners in this PSFR2 zoning district authorize such an application. FEBRUARY 14, 2007 VOLUME LXXII 105 N. Variations. In this PSFR2 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 PSFR2 zoning district and without necessitating that all other property owners in this PSFR2 zoning district authorize such an application. M. 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: February 14, 2007 Passed: February 14, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: February 15, 2007 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk VOLUME LXXII FEBRUARY 14, 2007 106 ORDINANCE G12-07 PASSED AMENDING ORDINANCE G37-04 CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT (COPPER SPRINGS SUBDIVISION - 3400 AND 3401 WATER ROAD) Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Ordinance No. G12-07 AN ORDINANCE AMENDING ORDINANCE G37-04 CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT (Copper Springs Subdivision – 3400 and 3401 Water Road) WHEREAS, the territory herein described has been annexed to the City of Elgin; and WHEREAS, written application has been made to classify said territory 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: Parcel one. That part of Section 19 in Township 41 North, Range 8 east of the Third Principal Meridian in Elgin Township, Kane County, Illinois, described as follows; commencing at the pinched top iron pipe marking the south quarter corner of said section 19, per document no. 622758, recorded march 21, 1949; thence northerly along the north-south centerline of said section 19, having a Illinois east zone grid bearing of north 00 degrees 10 minutes 28 seconds west 268.12 feet; thence westerly along the following four courses: north 86 degrees 53 minutes 44 seconds west 457.21 feet; north 82 degrees 53 minutes 16 seconds west 377.14 feet; north 80 degrees 46 minutes 52 seconds west 97.25 feet; north 73 FEBRUARY 14, 2007 VOLUME LXXII 107 degrees 11 minutes 19 seconds west 368.33 feet; thence north 03 degrees 15 minutes 56 seconds east 33.12 feet for a place of beginning; thence continuing north 03 degrees 15 minutes 56 seconds east 1470.83 feet to a point on the centerline of water road; thence south 73 degrees 37 minutes 51 seconds east, along said centerline, 737.22 feet; thence south 56 degrees 44 minutes 27 seconds east, along said centerline, 214.53 feet; thence south 33 degrees 16 minutes 36 seconds west 249.20 feet; thence south 28 degrees 31 minutes 53 seconds west 152.68 feet; thence south 3 degrees 16 minutes 03 seconds west 420.00 feet; thence south, east and southwest along the arc of a curve being concave westerly, having a radius of 233.37 feet, having a chord bearing of south 13 degrees 46 minutes 04 seconds west, for an arc length of 659.33 feet; thence north 70 degrees 27 minutes 41 seconds west 109.38 feet; thence north 86 degrees 43 minutes 52 seconds west 525.06 feet to the place of beginning, in Kane County, Illinois. Parcel Two. That part of the southeast ¼ of Section 18 and that part of Section 19 in Township 41 north, range 8 east of the Third Principal Meridian in Elgin township, Kane County, Illinois, described as follows; commencing at the pinched top iron pipe marking the south quarter corner of said section 19, per document no. 622758, recorded march 21, 1949; thence northerly along the north-south centerline of said section 19, having a Illinois east zone grid bearing of north 00 degrees 10 minutes 28 seconds west 268.12 feet, along said north-south centerline; thence westerly along the following four courses: north 86 degrees 53 minutes 44 seconds west 457.21 feet; north 82 degrees 58 minutes 16 seconds west 377.14 feet; north 80 degrees 46 minutes 52 seconds west 97.25 feet; north 73 degrees 11 minutes 19 seconds west 368.33 feet; thence north 03 degrees 15 minutes 56 seconds east 1503.95 feet to a point on the centerline water mad; thence north 73 degrees 37 minutes 51 seconds west 63.15 feet, along said centerline to a steel spike; thence north 35 degrees 27 minutes 57 seconds east 1018.34 feet to the place of beginning; thence continuing north 35 degrees 27 minutes 57 seconds east 2350.96 feet to a point hereinafter referred to as “corner a”: thence north 48 degrees 39 minutes 14 seconds west 798.19 feet; thence north 40 degrees 32 minutes 40 seconds east 1348.97 feet; thence south 49 degrees 07 minutes 25 seconds east 677.41 feet; thence south 35 degrees 46 minutes 16 seconds west 1338.38 feet; thence south 50 degrees 46 minutes 43 seconds east 779.20 feet; thence south 0 degrees 07 minutes 50 seconds east 744.58 feet; thence north 59 degrees 58 minutes 32 seconds west 177.78 feet; thence southerly along the arc of a curve being concave northwesterly, having a radius of 200.00 feet, having a chord bearing of south 34 degrees 29 minutes 54 seconds west, for an arc length of 31.34 feet; thence south 38 degrees 59 minute, 15 seconds west 184.61 feet; thence southerly along the arc of a curve being concave northwesterly, having a radius of 690.07 feet, having a chord bearing of south 53 degrees 39 minutes 45 seconds VOLUME LXXII FEBRUARY 14, 2007 108 west, for an arc length of 347.01 feet; thence southerly along the arc of a curve being concave southeasterly, having a radius of 170.00 feet, having a chord bearing of south 50 degrees 52 minutes 37 seconds west, for an arc length of 102.02 feet; thence north 56 degrees 01 minutes 52 seconds west 189.00 feet; thence north 42 degrees 06 minutes 51 seconds east 103.39 feet; thence north 58 degrees 40 minutes 38 seconds east 103.45 feet; thence north 64 degrees 45 minutes 48 seconds east 69.99 feet; thence north 56 degrees 32 minutes 56 seconds east 75.21 feet; thence north 47 degrees 57 minutes 22 seconds east 74.94 feet; thence north 40 degrees 12 minutes 56 seconds east 78.12 feet; thence north 38 degrees 59 minutes 16 seconds east 81.00 feet; thence north 38 degrees 22 minutes 59 seconds east 66.94 feet; thence north 00 degrees 22 minutes 39 seconds east 63.89 feet; thence north 00 degrees 07 minutes 50 seconds west 243.00 feet; thence north 03 degrees 13 minutes 51 seconds west 63.26 feet; thence north 24 degrees 07 minutes 49 seconds west 55.51 feet; thence north 46 degrees 11 minutes 00 seconds west 61.17 feet; thence north 51 degrees 00 minutes 35 seconds west 328.39 feet; thence south 31 degrees 23 minutes 05 seconds west 67.86 feet; thence south 54 degrees 32 minutes 03 seconds east 209.04 feet; thence south 41 degrees 46 minutes 27 seconds east 108.47 feet; thence south 26 degrees 04 minutes 45 seconds east 103.33 feet; thence south 09 degrees 51 minutes 42 seconds east 108.33 feet; thence south 06 degrees 21 minutes 22 seconds west 108.33 feet; thence south 22 degrees 34 minutes 25 seconds west 108.33 feet; thence south 38 degrees 47 minutes 28 seconds west 108.33 feet; thence south 55 degrees 00 minutes 31 seconds west 108.33 feet; thence south 64 degrees 20 minutes 03 seconds west 79.84 feet; thence south 53 degrees 03 minutes 57 seconds west 71.29 feet; thence south 40 degrees 30 minutes 20 seconds west 72.23 feet; thence south 35 degrees 27 minutes 57 seconds west 324.00 feet; thence south 34 degrees 20 minutes 23 seconds west 88.73 feet; thence south 46 degrees 37 minutes 56 seconds west 103.48 feet; thence south 60 degrees 00 minutes 58 seconds west 103.48 feet: thence south 73 degrees 24 minutes 00 seconds west 103.48 feet; thence south 86 degrees 10 minutes 15 seconds west 99.17 feet; hence south 90 degrees 00 minutes 00 seconds west 81.00 feet; thence south 85 degrees 19 minutes 08 seconds west 59.47 feet; thence south 34 degrees 41 minutes 21 seconds west 37.42 feet; thence south 00 degrees 00 minutes 00 seconds west 75.22 feet; thence south 90 degrees 00 minutes 00 seconds west 456.72 feet to the place of beginning, (except that part thereof described as follows; commencing at heretofore referenced “corner a”; thence north 48 degrees 39 minutes 14 seconds west 211.40 feet; thence north 41 degrees 20 minutes 46 seconds east 185.00 feet to the place of beginning; thence north 48 degrees 39 minutes 14 seconds west 404.35 feet; thence north 40 degrees 32 minutes 40 seconds east 215.27 feet; thence south 49 degrees 27 minutes 20 seconds east 129.00 feet; thence north 40 degrees 32 minutes 40 seconds east 567.00 feet; thence north 36 degrees 30 minutes 48 seconds east 53.90 FEBRUARY 14, 2007 VOLUME LXXII 109 feet; thence south 49 degrees 07 minutes 25 seconds east 83.22 feet; thence south 39 degrees 34 minutes 40 seconds west 57.26 feet; thence south 35 degrees 46 minutes 16 seconds west 567.00 feet; thence south 54 degrees 13 minutes 44 seconds east 129.00 feet; thence south 35 degrees 46 minutes 16 seconds west 230.47 feet to the place of beginning) in Kane County, Illinois. 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, 1974, 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). VOLUME LXXII FEBRUARY 14, 2007 110 4. “Residential outdoor storage of firewood” [SR] (UNCL). 5. “Residential parking areas” [SR] (UNCL). Finance, Insurance, and Real Estate Division. 6. “Development sales office” [SR] (UNCL). Services Division. 7. “Family residential care facility” [SR] (8361). 8. “Home child day care services” [SR] (8351 ). Construction Division. 9. “Contractors office and equipment areas” [SR] (UNCL). Transportation, Communication, and Utilities Division. 10. “Radio and television antennas” [SR] (UNCL). 11. “Satellite dish antennas” [SR] (UNCL). 12. “Treatment, transmission, and distribution facilities: poles, wires, cables, conduits, laterals, vaults, pipes, mains, and valves” [SR] (UNCL). Miscellaneous Uses Division. 13. “Fences and walls” [SR] (UNCL). 14. “Signs” [SR] (UNCL), subject to the provisions of Chapter 19.50, Signs, of the Elgin Zoning Ordinance. 15. “Temporary uses” [SR] (UNCL). 16. “Accessory structures” [SR] (UNCL) to the permitted uses allowed in this PSFR2 Planned Single Family Residence District, subject to the provisions of Section 19.12.500, Accessory Structures and Buildings, of the Elgin Zoning Ordinance. 17. “Accessory uses” [SR] (UNCL) to the permitted uses allowed in this PSFR2 Planned Single Family Residence District, subject to the provisions of Section 19.20.400, Component Land Uses, of the Elgin Zoning Ordinance. 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). FEBRUARY 14, 2007 VOLUME LXXII 111 9. “Railroad tracks” (401). 10. “Treatment, transmission and distribution facilities: equipment, equipment buildings, towers, exchanges, substations, regulators” [SR] (UNCL). Miscellaneous Uses Division. 11. “Planned developments” [SR] (UNCL) on a zoning lot containing less than two acres of land, subject to the provisions of Chapter 19.60, Planned Developments, of the Elgin Zoning Ordinance. 12. “Accessory structures” [SR] (UNCL) to the conditional uses allowed in this PSFR2 Planned Single Family Residence District, subject to the provisions of Chapter 19.12.500, Accessory structures and Buildings. 13. “Accessory uses” [SR] (UNCL) to the conditional uses allowed in this PSFR2 Single Family Residence District, subject to the provisions of Section 19.10. 400, Component Land Uses. G. Site Design. In this PSFR2 zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.12, Site Design, of the Elgin Zoning Ordinance. In this PSFR2 zoning district, the site design regulations 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. The minimum required lot area for a zoning lot shall be 12,000 square feet for all “through lots” [SR] and far all “corner lots” [SR]. 3. Lot Width. The minimum required “lot width” [SR] for a zoning lot shall be seventy-five (75) linear feet. The minimum required “lot width” [SR] for a zoning lot shall be ninety (90) linear feet for “corner lots” [SR]. 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 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 thirty (30) linear feet. b. Side Setback. The minimum required building setback from a “‘side lot line” [SR] shall be ten (10) linear feet. The combined width of the side setbacks from the side lot lines shall not be less than twenty (20) linear feet. c. Interior Setback. The minimum required building setback from an “interior lot line” [SR] shall be ten (10) linear feet. d. Rear Setback. The minimum required building setback for a “rear lot line” [SR] shall be forty (40) linear feet, with exception to lots 24, 25 and 26 which shall be permitted a twenty-five (25) foot building setback. VOLUME LXXII FEBRUARY 14, 2007 112 e. Transition Setback. The minimum required building setback from a “transition lot line” shall be forty (40) linear feet. 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 except as follows; 1. Front porches and porticos not open to the sky may encroach no more than six (6) linear feet into the minimum required building setback from a “street lot line” [SR]. Porticos shall be defined as a covered entryway which protrudes from the main facade of the dwelling, but which is not as wide as the facade itself. 2. Balconies (open decks exceeding 48 inches in structure height) located on the rear of a dwelling unit located on lots 80-82, 86-98, and 118-127, as identified on the Final Plat of Subdivision for Copper Springs Subdivision Phase 1, prepared by V Consultants and dated April 19, 2004, with revisions dated August 4, 2004, may encroach into the required rear building setback as follows: a. Alcott Model # 2406: maximum allowable encroachment of 10 feet b. Emerson Model # 2496: maximum allowable encroachment of 3.17 feet c. Hemingway Model # 2727: maximum allowable encroachment of 4.5 feet d. Fitzgerald Model # 2854: maximum allowable encroachment of 5.17 feet e. Longfellow Model # 3115: maximum allowable encroachment of 4.1.7 feet f. Whitman Model # 3350: maximum allowable encroachment of 0.5 feet g. Steinbeck Model # 3674: maximum allowable encroachment of 0.5 feet Approval of any encroachment shall also be in full conformance with subsections 13 a. and 13 b. of Section 2, paragraph G., of this 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 0.38 (38%). FEBRUARY 14, 2007 VOLUME LXXII 113 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 developed in substantial conformance to the landscape plans as submitted with the Preliminary Landscape Plans, prepared by Hitchcock Design Group, and dated March 23, 2004. 13. Supplementary Regulations. In this PSFR2 zoning district, the use and development of land and structures shall also be subject to the following conditions: a. Substantial conformance with the Statement of Purpose submitted by John Nevenhoven, Land Entitlement Manager, Centex Homes, dated November 23, 2005. b. Substantial Conformance with the Copper Springs Deck Exhibit, prepared by V Consultants and dated April 8, 2005. c. Substantial conformance with the Final Plat of Subdivision for Copper Springs Phase 1, City or Elgin, IL., prepared by V Consultants and dated April 19, 2004, with revisions dated August 4, 2004. d. Substantial conformance to the Development Plan, prepared by the Hitchcock Group, with a final revision date of March 23, 2004. e. Substantial conformance to the Preliminary Plat/Engineering Plans, prepared by V3 Consultants, with a final revision date of March 23, 2004. f. Substantial conformance to the Building Elevations; plans numbered 2420, 2490, 2652, 2842, 3082, 3329, 3556, and the Duplex Elevations “A” and ‘‘El,’’ prepared by Centex Homes. g. Models 2420 and 2490 shall be limited to a maximum build-out of a total of 68 lots. h. Additional building elevations for residential structures to be structures to be constructed on the Subject Property may be authorized and approved by the city’s Community Development Manager so long as any such additional building elevations are otherwise in compliance with the terms and provisions of this ordinance, the private covenants for the Subject Property, the annexation agreement for the Subject Property and the architectural and design guidelines in the city’s Far West Area Plan, as amended, including, but not limited to, the design guidelines provided for garages as set forth in Ordinance G6-01. VOLUME LXXII FEBRUARY 14, 2007 114 i. 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 of any such residential structures. 14. Special Architectural Guidelines (Estate Lots). The estate lots (lots E198-E225) shall only be developed with model numbers 3082, 3329, and 3556 (or other models approved under the provisions of subsection “13, h.”, above). The models for these lots shall include the following additional features: i. The minimum front setback shall be 40 feet. ii. 100% of all exterior building materials shall be natural materials. Natural materials shall be defined as wood, stone, brick, or stucco. Soffits and fascia may be heavy gauge vinyl or aluminum. iii. Vinyl siding, aluminum siding, masonite, glazed brick, non overlapping cedar siding, imitation brick, exposed concrete, or exposed cinder block are not permitted to be used as exterior siding. iv. All chimney chases which are contiguous to an exterior wall shall be brick or stone. v. Roofing material shall be architectural grade shingles, cedar shakes, slate, clay tiles, or equivalent as approved by the Development Administrator. vi. Whenever brick or stone is provided on one facade but is not provided on an adjoining facade, there shall be a brick or stone return on the adjoining facade of at least 2 feet. vii. Six inch corner boards shall be provided around all corners of each home (where brick or masonry is not present). viii. All gutters will be in neutral colors so as to be inconspicuous. ix. The exterior side wall of all garages shall include at least 1 window. H. Off-Street Parking. In this PSFR2 zoning district, off street parking shall be subject to the provisions of Chapter 19.45, Off-Street Parking, of the Elgin Municipal Code, 1976, as amended. I. Off-Street Loading. In this PSFR2 zoning district, off street loading shall be subject to the provisions of Chapter 19.47, Off-Street Loading, of the Elgin Municipal Code, 1976, as amended. J. Signs. In this PSFR2 zoning district, signs shall be subject to the provisions of Chapter 19.50, Signs, of the Elgin Municipal Code, 1976, as amended, and shall also be subject to paragraph G., Site Design, of this ordinance. FEBRUARY 14, 2007 VOLUME LXXII 115 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 PSPR2 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 VOLUME LXXII FEBRUARY 14, 2007 116 appealed subject to the provisions of Chapter 19.75, Appeals, of the Elgin Municipal Code, 1974, 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: February 14, 2007 Passed: February 14, 2007 Vote: Yeas: 7 Nays: 0 Recorded: February 15, 2007 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE G13-07 PASSED GRANTING A CONDITIONAL USE TO PERMIT THE CONSTRUCTION OF A BUILDING ADDITION, A DRINKING PLACE AND A NIGHT CLUB, IN THE PORI PLANNED OFFICE, RESEARCH AND INDUSTRIAL DISTRICT AND THE ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT (1550 NORTH RANDALL ROAD) Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Ordinance No. G13-07 AN ORDINANCE GRANTING A CONDITIONAL USE TO PERMIT THE CONSTRUCTION OF A BUILDING ADDITION, A DRINKING PLACE AND A NIGHT CLUB, IN THE PORI PLANNED OFFICE, RESEARCH AND INDUSTRIAL DISTRICT AND THE ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT (1550 North Randall Road) WHEREAS, written application has been made requesting conditional use approval to permit the construction of a building addition in the PORI Planned Office, Research and Industrial District and the ARC Arterial Road Corridor Overlay District at 1550 North Randall Road; and FEBRUARY 14, 2007 VOLUME LXXII 117 WHEREAS, the Planning and Development Commission 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 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 November 20, 2006, 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 a conditional use to permit the construction of a building addition, a drinking place and a night club in the PORI Planned Office, Research and Industrial District and the ARC Arterial Road Corridor Overlay District at 1550 Randall Road and legally described as follows: That part of the Southeast Quarter of Section 31, Township 42 North, Range 8 described as follows: Commencing at the Northeast corner of said Southeast Quarter; thence South 89 degrees 59 minutes 41 seconds West along the North line of said Southeast Quarter; 558.11; thence South 0 degrees 54 minutes 10 seconds West, 250.01 feet for the point of beginning; thence continuing South 0 degrees 54 minutes 10 seconds West, 685.32 feet; thence South 89 degrees 42 minutes 41 seconds East, 440.20 feet; thence North 0 degrees 30 minutes 56 seconds East, 28.40 feet; thence South 89 degrees 43 minutes 05 seconds East, 124.58 feet to the East line of said Southeast Quarter; thence North 0 degrees 28 minutes 53 seconds East along said East line, 659.69 feet; thence North 90 degrees 00 minutes 00 seconds West, 559.94 feet to the point of beginning (except the east 62.0 feet taken for Highway purposes), in Dundee Township, Kane County, Illinois (property commonly known as 1550 North Randall Road). be and is hereby granted subject to the following conditions: 9. Substantial conformance to the Statement of Purpose and Conformance dated August 4, 2006. 10. Substantial conformance to the proposed Site and Building Improvements for the Sports Barn and Grill, encompassing the Site Plan (Sheet C1, revised November 30, 2006); Elevations (Sheets A1 and A2, revised November 30, 2006); First, Second and Third Floor Plans (Sheets A3, A4 and A5, revised November, 2006); prepared by William M. Brown and Associates; and Photometric Plan (prepared by KSA, dated July 10, 2006). VOLUME LXXII FEBRUARY 14, 2007 118 11. Substantial conformance to the proposed monument style graphic elevation drawing prepared by (Sheet A6, revised November 30, 2006), William M. Brown and Associates. This graphic cannot exceed 80 square feet of surface area. Landscaping around the monument graphic must meet the landscaping requirements of the graphic ordinance; a proposed graphics landscape plan must be submitted to and approved by the Community Development Group. 12. Substantial conformance to the proposed Landscape Plan, prepared by Trinity Landscape, dated June 14, 2006, with the latest revisions dated January 03, 3007. 13. Prior to the use or occupancy of the third floor of the principal building, the owner or tenant shall demonstrate compliance with the off street parking ordinance. 14. Compliance with all other 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: February 14, 2007 Passed: February 14, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: February 15, 2007 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 07-39 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH LAND VISION, INC. Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. FEBRUARY 14, 2007 VOLUME LXXII 119 Resolution No. 07-39 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH LAND VISION, INC. 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 Land Vision, Inc. for professional services in connection with an engineering and land management plan for development between Grove Avenue and the Fox River, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: February 14, 2007 Adopted: February 14, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Gilliam made a motion, seconded by Councilmember Rodgers, 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. Hotel/Motel Tax Report for December 2006 Local Sales Tax Report for December 2006 Sales Tax Report for December 2006 State Income Tax Report for December 2006 State Use Tax Report for December 2006 Elgin Cultural Arts Commission Minutes for September 11, 2006 Elgin Emergency Telephone System Board Minutes for December 21, 2006 Elgin Police Pension Fund Minutes for October 14, 2006 Riverfront/Center City Project Advisory Committee Minutes for September 14, 2006 Veterans Memorial Park Committee Minutes for December 19, 2006 Committee of the Whole Minutes for January 10, 2007 City Council Minutes for January 10, 2007 Disbursement Report VOLUME LXXII FEBRUARY 14, 2007 120 ANNOUNCEMENTS Mayor Schock stated that due to the variety of illnesses affecting communities throughout Illinois Heartland Blood Centers is experiencing a shortage of blood and was seeking donations through various upcoming blood drives listed below: March 4, 2007 St. Mary’s Church 8:00 a.m. until Noon March 13, 2007 Elgin Community College 10:00 a.m. until 2:00 p.m. March 14, 2007 Elgin Community College 10:00 a.m. until 3:00 p.m. March 29, 2007 Sherman Hospital Noon until 4:00 p.m. 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 7:37 p.m. s/Jennifer Quinton February 28, 2007 Jennifer Quinton, Deputy City Clerk Date Approved