Loading...
HomeMy WebLinkAbouto - August 8, 2007 CC559 AUGUST 8, 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 August 8, 2007, in the Council Chambers. The meeting was called to order by Mayor Schock at 7:04 p.m. The Invocation was given by Reverend Robert Fales, Chaplain for the Elgin Police Department and the Pledge of Allegiance was led by Fire Chief Michael Falese. ROLL CALL Roll call was answered by Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters and Mayor Schock. Absent: None. MINUTES OF THE JULY 25, 2007, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Walters made a motion, seconded by Councilmember Figueroa, to approve the July 25, 2007, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. COMMUNICATIONS Mayor Schock read a proclamation recognizing Puerto Rican Week. David Lopez joined the Mayor at the podium and issued an invitation to all residents to join in the festivities. Melena Garcia presented a painting to the Council. Matt Kenneally, representing the Elgin Fire Department, announced the annual Muscular Dystrophy Drive. He reported that over $24,000 was raised last year. A representative from the Muscular Dystrophy Association was introduced and she gave a presentation on muscular dystrophy. She reported that the Elgin Fire Department was the top fund raiser last year in Kane and Dupage Counties and presented a plaque to the Fire Department recognizing their efforts. Mayor Schock recognized Chief Michael Falese for his twenty-four years of service to the City of Elgin. Chief Falese will be retiring at the end of August. Chief Falese thanked the Council and staff for all of their support over the years. VOLUME LXXII AUGUST 8, 2007 560 RECOGNIZE PERSONS PRESENT Charlene Echols, representing the Southwest Area Neighbors organization, thanked Council for the activities on National Night Out. BID 07-078 AWARDED TO B & R CONSTRUCTION FOR LANDSCAPING RENOVATIONS FOR WING PARK GOLF COURSE Councilmember Kaptain made a motion, seconded by Councilmember Gilliam, to approve a contract with B & R Construction in the amount of $82,315 for landscaping renovations for the Wing Park Golf Course. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. BID 07-080A AWARDED TO MEYER MATERIAL AS PRIMARY VENDOR AND OZINGA CONCRETE PRODUCTS AS SECONDARY VENDOR FOR PORTLAND CEMENT CONCRETE Councilmember Walters made a motion, seconded by Councilmember Gilliam, to approve a contract with Meyer Material in the amount of $27,000 for the purchase of Portland cement concrete, and a contract with Ozinga Concrete Products for $90.00 per cubic yard to be used as needed. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. BID 07-081A AWARDED TO REESE RECREATION PRODUCTS FOR THE PURCHASE OF PLAYGROUND EQUIPMENT FOR DRAKE FIELD PARK Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to approve a contract with Reese Recreation Products in the amount of $67,645 for the purchase of playground equipment for Drake Field Park. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. BID 07-085 AWARDED TO CEDAR FOREST PRODUCTS FOR THE PURCHASE OF A PICNIC SHELTER FOR DRAKE FIELD PARK Councilmember Figueroa made a motion, seconded by Councilmember Walters, to approve a contract with Cedar Forest Products in the amount of $13,589 for the purchase of a twenty foot by forty foot picnic shelter for Drake Field Park. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. AUGUST 8, 2007 VOLUME LXXII 561 BID 07-087 AWARDED TO ALLIANCE CONTRACTORS FOR LARKIN/AIRLITE/FOOTHILL INTERSECTION IMPROVEMENT PROJECT Councilmember Walters made a motion, seconded by Councilmember Figueroa, to approve a contract with Alliance Contractors in the amount of $627,043.75 for the Larkin/Airlite/Foothill Intersection Improvement Project. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. PETITION 34-07 APPROVED REQUESTING A CONDITIONAL USE IN THE CC1 CENTER CITY DISTRICT, TO PERMIT A PERSONNEL SUPPLY SERVICE; PROPERTY LOCATED AT 40 DUPAGE COURT, SUITE 305; BY ASSOCIATED LABOR CORPORATION OF AMERICA, AS APPLICANT, AND HARRY J. SEIGLE, AS OWNER Community Development Director Deering stated that the personnel supply service would not include any transportation of employees from the site nor would employees be waiting for assignments at the site. The Zoning and Subdivision Hearing Board has recommended the approval of this petition subject to the four conditions outlined in the memorandum. Councilmember Figueroa made a motion, seconded by Councilmember Walters, to approve Petition 34-07 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. PETITION 40-07 APPROVED REQUESTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT IN THE RC2 RESIDENCE CONSERVATION DISTRICT, TO PERMIT THE ADAPTIVE USE OF AN EXISTING BUILDING WITH FOUR MULTIPLE FAMILY DWELLING UNITS; PROPERTY LOCATED AT 1000 NORTH PRESTON AVENUE BY KEITH FARNHAM, AS APPLICANT, AND CARDUNAL FSB LAND TRUST NO. 98-641, AS OWNER Community Development Director Deering stated this project was to convert an existing industrial building to four condominiums. The Zoning and Subdivision Hearing Board has recommended the approval of this application subject to the five conditions listed in the memorandum. Councilmember Walters made a motion, seconded by Councilmember Gilliam, to approve Petition 40-07 subject to conditions. Councilmember Kaptain asked about localized flooding and whether staff had looked into the issue. David Lawry indicated that staff was in the process of trying to determine what the problem was. He indicated that this area is not in the combined sewer system and that this flooding was mainly from surface run-off. Councilmember Kaptain questioned if any additional paving was planned. Mr. Deering replied that there would not be and stated that a gravel area would become an open area and there would actually be less impervious surface. VOLUME LXXII AUGUST 8, 2007 562 Councilmember Kaptain questioned if this would be an asset to the storm sewer system and Mr. Deering replied in the affirmative. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. RESOLUTION 07-206 ADOPTED RATIFYING EXECUTION OF A REAL ESTATE SALES CONTRACT FOR THE PURCHASE OF 29 JEFFERSON AVENUE Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 07-206 RESOLUTION RATIFYING EXECUTION OF A REAL ESTATE SALES CONTRACT FOR THE PURCHASE OF 29 JEFFERSON AVENUE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby ratifies and approves the execution of a contract by Olufemi Folarin, City Manager, for the purchase of the premises commonly known as 29 Jefferson Avenue, Elgin, Illinois for $162,000, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: August 8, 2007 Adopted: August 8, 2007 Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 07-207 ADOPTED AUTHORIZING EXECUTION OF A THIRD AMENDMENT TO DEVELOPMENT AGREEMENT WITH WATER STREET PLACE LLC FOR THE DEVELOPMENT OF 200 N. GROVE AVENUE Councilmember Figueroa made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. AUGUST 8, 2007 VOLUME LXXII 563 Councilmember Kaptain indicated he would not be voting for the resolution due to the project’s unpopularity and stated he also objected to the three year commitment. Councilmember Figueroa asked if the appearance of the area could be upgraded due to the fact that it is an entryway to the downtown area. City Manager Folarin indicated that it could possibly be seeded and some flowers planted. Councilmember Powers stated that he understood that the reason this project was being delayed was due to the housing market and that he would support it. Councilmember Steffen indicated that he would not support the amendment and that he felt the length of time was too long. Mayor Schock stated that the City could ask the developer for a market study at the developer’s expense. He also indicated that some statements in the newspapers had been erroneous. He stated that all of the agreements with the developers are contingent upon performance. They only get paid as the project progresses. He indicated that to date, the only expense to the City for this project has been the cost of the demolition of the building. This had to be done due to the flooding and mold issues. The developer has not received nor is due any other payments. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Powers, Walters, and Mayor Schock. Nays: Councilmember Kaptain and Councilmember Steffen. Resolution No. 07-207 RESOLUTION AUTHORIZING EXECUTION OF A THIRD AMENDMENT TO DEVELOPMENT AGREEMENT WITH WATER STREET PLACE LLC FOR THE DEVELOPMENT OF 200 N. GROVE AVENUE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute a Third Amendment to Development Agreement on behalf of the City of Elgin with Water Street Place, LLC for the development of 200 N. Grove Avenue, Elgin, Illinois, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: August 8, 2007 Adopted: August 8, 2007 Vote: Yeas: 5 Nays: 2 Attest: s/ Diane Robertson Diane Robertson, City Clerk VOLUME LXXII AUGUST 8, 2007 564 AUTHORIZATION OF PAYMENTS TO VARIOUS VENDORS Councilmember Walters made a motion, seconded by Councilmember Figueroa, to authorize the following payments. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. PAYEE AMOUNT REASON Euclid Beverage North Aurora, IL $13,964 Alcohol Order for Fox Fire Fest Anderson Animal Shelter South Elgin, IL $11,775 Animal Shelter Services for May and June 2007 Illinois Public Safety Agency Network Chicago, IL $11,400 2007 ALERTS Billing CONSENT AGENDA By unanimous consent, Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to pass Ordinance Nos. G44-07 through G49-07 and S12-07, and adopt Resolution Nos. 07-193 through 07-205 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. RESOLUTION 07-193 ADOPTED AUTHORIZING EXECUTION OF A FINANCIAL ASSISTANCE AGREEMENT WITH THE ILLINOIS ENVIRONMENTAL PROTECTION AGENCY (IEPA) FOR THE ELGIN REGIONAL PARK Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 07-193 RESOLUTION AUTHORIZING EXECUTION OF A FINANCIAL ASSISTANCE AGREEMENT WITH THE ILLINOIS ENVIRONMENTAL PROTECTION AGENCY (IEPA) FOR THE ELGIN REGIONAL PARK 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 financial assistance agreement on behalf of the City of Elgin with the Illinois Environmental Protection Agency (IEPA) for the Elgin Regional Park, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor AUGUST 8, 2007 VOLUME LXXII 565 Presented: August 8, 2007 Adopted: August 8, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 07-194 ADOPTED AUTHORIZING EXECUTION OF A REAL ESTATE SALES CONTRACT (417 LOVELL STREET) Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 07-194 RESOLUTION RATIFYING EXECUTION OF A REAL ESTATE SALES CONTRACT FOR THE SALE OF 417 LOVELL STREET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby ratifies and approves the execution of a contract by Olufemi Folarin, City Manager, and Diane Robertson, City Clerk, for the sale of the premises commonly known as 417 Lovell Street, Elgin, Illinois for $130,000, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: August 8, 2007 Adopted: August 8, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk VOLUME LXXII AUGUST 8, 2007 566 RESOLUTION 07-195 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH TERRACON CONSULTANTS, INC. FOR PROFESSIONAL SERVICES IN THE NORTH GROVE REDEVELOPMENT AREA Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 07-195 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH TERRACON CONSULTANTS, INC. FOR PROFESSIONAL SERVICES IN THE NORTH GROVE REDEVELOPMENT AREA BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED that Olufemi Folarin, City Manager, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Terracon Consultants, Inc. for professional services in conjunction with the City’s environmental analysis and remediation of certain property in the North Grove Redevelopment Area, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: August 8, 2007 Adopted: August 8, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk AUGUST 8, 2007 VOLUME LXXII 567 RESOLUTION 07-196 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH DIRECT ENERGY SERVICES, L.L.C. Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 07-196 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH DIRECT ENERGY SERVICES, L.L.C. 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 an agreement on behalf of the City of Elgin with Direct Energy Services for energy savings, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: August 8, 2007 Adopted: August 8, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 07-197 ADOPTED AUTHORIZING EXECUTION OF AGREEMENTS WITH AT&T GLOBAL SERVICES FOR HIGH SPEED SERVICE Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 07-197 RESOLUTION AUTHORIZING EXECUTION OF AGREEMENTS WITH AT&T GLOBAL SERVICES FOR HIGH SPEED SERVICE 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 VOLUME LXXII AUGUST 8, 2007 568 agreements on behalf of the City of Elgin with AT&T Global Services for high speed service, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: August 8, 2007 Adopted: August 8, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 07-198 ADOPTED AUTHORIZING EXECUTION OF AN AMENDMENT TO LEASE AND USE AGREEMENT WITH SHERMAN HEALTH SYSTEMS Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 07-198 RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT TO LEASE AND USE AGREEMENT WITH SHERMAN HEALTH SYSTEMS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute an Amendment to Lease and Use Agreement on behalf of the City of Elgin with Sherman Health Systems for lease of space at The Centre, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor AUGUST 8, 2007 VOLUME LXXII 569 Presented: August 8, 2007 Adopted: August 8, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 07-199 ADOPTED AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT FOR SANITARY SEWER AND WATERMAIN PURPOSES FROM PINGREE CREEK, L.L.C. Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 07-199 RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT FOR SANITARY SEWER AND WATERMAIN PURPOSES FROM PINGREE CREEK, LLC BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute an easement agreement for sanitary sewer and watermain purposes from Pingree Creek LLC, for the property legally described on Exhibits A, B and C, 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: August 8, 2007 Adopted: August 8, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk VOLUME LXXII AUGUST 8, 2007 570 RESOLUTION 07-200 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH ECONOMIC RESEARCH ASSOCIATES Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 07-200 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH ECONOMIC RESEARCH ASSOCIATES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Economic Research Associates 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: August 8, 2007 Adopted: August 8, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 07-201 ADOPTED AUTHORIZING EXECUTION OF AN AMENDMENT TO ANNEXATION AGREEMENT WITH REMINGTON MEADOWS, 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, Powers, Steffen, Walters, and Mayor Schock. Nays: None. AUGUST 8, 2007 VOLUME LXXII 571 Resolution No. 07-201 RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT TO ANNEXATION AGREEMENT WITH REMINGTON MEADOWS, INC. (Remington Meadows Subdivision-3401 Water Road) WHEREAS, the owners of certain property commonly known as Remington Meadows Subdivision at 3401 Water Road have proposed that the annexation agreement between the owners and the City of Elgin concerning said property be amended; and WHEREAS, after due notice as required by law, a public hearing on said proposal was held by the corporate authorities of the City of Elgin; and WHEREAS, the proposed Amendment to Annexation Agreement with Remington Meadows, Inc. is in the best interests of the City of Elgin. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute, on behalf of the City of Elgin, the Amendment to Annexation Agreement with Remington Meadows, Inc., a copy of which is attached hereto. s/ Ed Schock Ed Schock, Mayor Presented: August 8, 2007 Adopted: August 8, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G44-07 PASSED AMENDING ORDINANCE G37-04 CLASSIFYING TERRITORY IN THE PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT (REMINGTON MEADOWS SUBDIVISION, 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, Powers, Steffen, Walters, and Mayor Schock. Nays: None. VOLUME LXXII AUGUST 8, 2007 572 Ordinance No. G44-07 AN ORDINANCE AMENDING ORDINANCE G37-04 CLASSIFYING TERRITORY IN THE PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT (Remington Meadows Subdivision-3401 Water Road) WHEREAS, the territory commonly known as the Remington Meadows Subdivision has previously been annexed to the City of Elgin and zoned in the PSFR2 Planned Single Family Residence District pursuant to Ordinance No. G37-04; and WHEREAS, written application has been made by the owner of the Remington Meadows Subdivision to amend Ordinance No. G37-04 to allow for encroachments of certain ranch homes into the required rear yards of certain lots; and WHEREAS, the City Council of the City of Elgin 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 Section 2G7 of Ordinance No. G37-04 be and is hereby amended to add a new sub-paragraph 3 which shall read as follows: “3. On Lots 263 through and including 285 the ranch dwellings to be constructed thereon shall be allowed to encroach between 2 to 9 feet into the required 40 foot read yard building setback.” Section 2. That this Amendment shall be subject to the following conditions: 1. Substantial conformance with the State of Purpose submitted by Mark Hopwood, Director of Land Operations, Remington Homes, dated December 29, 2006. 2. Substantial Conformance with the Remington Meadows Lots Exhibit, prepared by Haeger Engineers and dated December 19, 2006. 3. Substantial conformance with the Final Plat of Subdivision for copper Springs Phase 1, City of Elgin, Illinois, prepared by V Consultants and dated April 19, 2004, with revisions dated August 4, 2004. 4. The only ranch model permitted on lots 275-285 will be model 557. (Renderings of which are attached hereto as Group Exhibit A.) AUGUST 8, 2007 VOLUME LXXII 573 5. Option A of models 556, 557 and 558 will be permitted for construction on no more than four lots. (Renderings of which are attached hereto as Group Exhibit B). 6. Compliance with all applicable codes and ordinances. Section 3. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: August 8, 2007 Passed: August 8, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: August 9, 2007 Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G45-07 PASSED AMENDING CHAPTER 2.52 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "POLICE DEPARTMENT" Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Ordinance No. G45-07 AN ORDINANCE AMENDING CHAPTER 2.52 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "POLICE DEPARTMENT" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 2.52.010 of the Elgin Municipal Code, 1976, as amended, entitled "Establishment; Divisions", be and is hereby further amended by amending subparagraph A thereof to read as follows: "A. There is established an executive department of the City to be known as the Police Department. The Police Department shall consist of one VOLUME LXXII AUGUST 8, 2007 574 hundred eighty-nine (189) sworn members, of which one member shall be Chief, no more than three (3) members shall hold the rank of deputy chief, no more than six (6) members shall hold the rank of lieutenant, no more than twenty-two (22) members shall hold the rank of sergeant and the balance of said members shall be of police officer rank." Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 3. That this ordinance shall be in full force and effect upon its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: August 8, 2007 Passed: August 8, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: August 9, 2007 Published: August 10, 2007 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 07-202 ADOPTED AUTHORIZING EXECUTION OF AN ANNEXATION AGREEMENT WITH TRINITY CHASE, L.L.C. (3150 U.S. ROUTE 20) Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 07-202 RESOLUTION AUTHORIZING EXECUTION OF AN ANNEXATION AGREEMENT WITH TRINITY CHASE, L.L.C. (3150 US Route 20) WHEREAS, the owners of record of certain territory described in Exhibit A, attached hereto and made a part hereof by reference, desire annexation of said territory to the City of Elgin; and AUGUST 8, 2007 VOLUME LXXII 575 WHEREAS, said territory is not a part of any other municipality; and WHEREAS, no electors reside on the subject territory; and WHEREAS, the corporate authorities of the City of Elgin desire to annex said territory upon certain terms and conditions; and WHEREAS, a proposed annexation agreement has been filed with the City Clerk and a public hearing has been held after due notice as required by law and all persons appearing and wishing to testify concerning the proposed annexation agreement have been heard; and WHEREAS, it is the considered opinion of the corporate authorities of the City of Elgin that it is in the best interests of the City of Elgin to enter into said annexation agreement as proposed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the Mayor and City Clerk of the City of Elgin be and are hereby authorized and directed to execute on behalf of the City of Elgin an annexation agreement in the form attached hereto as Exhibit A and incorporated herein by reference. Section 2. That this resolution shall be effective from and after its passage as provided by law. s/ Ed Schock Ed Schock, Mayor Presented: August 8, 2007 Adopted: August 8, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE S12-07 PASSED ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN (TRINITY CHASE SUBDIVISION-3150 U.S. ROUTE 20) Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. VOLUME LXXII AUGUST 8, 2007 576 Ordinance No. S12-07 AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN (Trinity Chase Subdivision-3150 US Route 20) WHEREAS, a petition signed by all the owners of record of certain territory has been filed with the City Clerk requesting annexation of said territory to the City of Elgin, Illinois; and WHEREAS, said petition includes therein a statement under oath by all the owners of record that no electors reside on the subject territory; and WHEREAS, said territory is contiguous to the City of Elgin and is not within the corporate limits of any municipality; and WHEREAS, legal notices of the intent of the City of Elgin to annex said territory have been forwarded to all public bodies required to receive said notice in the manner provided by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the territory and lands described as follows be and are annexed to and made a part of the City of Elgin and the boundaries of the City of Elgin be and are hereby enlarged and extended to include in the corporate boundaries of the City of Elgin said territory: That part of Sections 7, 8, 17 and 18, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Beginning at the Northwest corner of the Southwest Quarter of the Southwest Quarter of Section 8 aforesaid; thence North 89 degrees 44 minutes 32 seconds East along the North line of the Southwest Quarter of the Southwest Quarter of said Section 8, a distance of 489.96 feet; thence South 64 degrees East, a distance of 774.84 feet Deed (South 64 degrees 01 minutes 09 seconds East 775.22 feet measured) to the Northwest corner of Hidden Hills Subdivision, a resubdivision of Lot 3 in the Second Addition to Moeller’s Subdivision in part of Sections 8 and 17 aforesaid; thence South 21 degrees 30 minutes West, along the Westerly line of the said Hidden Hills Subdivision, and along the Westerly line of Moeller’s Subdivision, being a subdivision of part of the Northwest Quarter of Section 17, Township and Range aforesaid a distance of 2948.46 feet Deed (South 21 degrees 30 minutes 04 seconds West 2950.83 feet measured) to the center line of U.S. Route 20; thence Northwesterly along said center line, being along a curve to the right having a radius of 4326.96 feet, a distance of 269.71 feet Deed (269.99 feet measured); thence North 64 degrees 58 minutes 12 seconds West along said center line, being tangent to the last described curve, a distance of 940.32 feet Deed (North 64 degrees 58 minutes 46 seconds West 940.31 feet measured); thence North 20 degrees 33 minutes 52 seconds East a distance of 1371.20 feet Deed (North 20 degrees 33 minutes 39 seconds East AUGUST 8, 2007 VOLUME LXXII 577 1371.23 feet measured); thence North 64 degrees 14 minutes 06 seconds West, a distance of 823.30 feet Deed (North 64 degrees 24 minutes 47 seconds West 824.84 feet measured); thence North 21 degrees 42 minutes 07 seconds East, a distance of 1395.38 feet Deed (North 21 degrees 46 minutes 25 seconds East 1397.55 feet measured); thence South 81 degrees 12 minutes 49 seconds East, a distance of 747.40 feet Deed (South 81 degrees 13 minutes 03 seconds East 747.33 feet measured) to the East line of Section 7 aforesaid; thence South 00 degrees 10 minutes 51 seconds West, along said East line, a distance of 247.50 feet Deed (South 0 degrees 09 minutes 08 seconds West 247.16 feet measured) to the place of beginning. Being situated in Elgin Township, Kane County, Illinois. And also including any portions of U S Route 20 adjacent thereto which have not previously been annexed into the City of Elgin. Section 2. That a certified copy of this ordinance together with an accurate map of said territories shall be filed with the Recorder of Deeds, Kane County, Illinois. Section 3. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: August 8, 2007 Passed: August 8, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: August 9, 2007 Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G46-07 PASSED CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT (TRINITY CHASE SUBDIVISION – 3150 U.S. ROUTE 20) Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. VOLUME LXXII AUGUST 8, 2007 578 Ordinance No. G46-07 AN ORDINANCE CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT (Trinity Chase Subdivision – 3150 US Route 20) WHEREAS, the territory herein described has been annexed to the City of Elgin; and WHEREAS, written application has been made to classify said territory in the PSFR2 Planned Single Family Residence District; and WHEREAS, after due notice in the manner provided by law the Planning and Development Commission conducted a public hearing concerning said application and has submitted its written findings and recommendations; and WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Planning and Development Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 19.07, Section 19.07.600 entitled “Zoning District Map” of the Elgin Municipal Code, 1976, as amended, be and the same is hereby further amended by adding thereto the following paragraph: The boundaries herein before laid out in the ‘Zoning District Map’, as amended, be and are hereby altered by including in the PSFR2 Planned Single Family Residence District, the following described property: Those areas on the attached zoning plat, prepared by JAS Associates, Inc., dated January 9, 2006, designated in the PSFR2 Planned Single Family Residence District. Section 2. That the development of this PSFR2 Planned Single Family Residence District as described in Section 1 shall be developed subject to the following provisions: A. Purpose and Intent. The purpose and intent of this PSFR2 zoning district is to provide a planned urban residential environment of standardized moderate density for single family detached dwellings, subject to the provisions of Chapter 19.60 Planned Developments of the Elgin Municipal Code, 1976, as amended. The PSFR2 District is most similar to, but departs from the standard requirements of the SFR2 Single Family Residential District. B. Supplementary Regulations. Any word or phrase contained herein, followed by the symbol “[SR]”, shall be subject to the definitions and the additional AUGUST 8, 2007 VOLUME LXXII 579 interpretive requirements provided in Chapter 19.90, Supplementary Regulations, of the Elgin Municipal Code, 1976, as amended. C. General Provisions. In this PSFR2 zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.05, General Provisions, of the Elgin Municipal Code, 1976, as amended. D. Zoning Districts -Generally. In this PSFR2 zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.07, Zoning Districts, of the Elgin Municipal Code, 1976, as amended. E. Location and Size of District. This PSFR2 zoning district should be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate PSFR2 zoning district exclusive of rights-of- way, but including adjoining land or land directly opposite a right-of-way, shall not be less than two acres. F. Land Use. In this PSFR2 zoning district, the use of land and structures shall be subject to the provisions of Chapter 19.10, Land Use, of the Elgin Municipal Code, 1976, as amended. The following enumerated “land uses” [SR] shall be the only land uses allowed as a “permitted use” [SR] in this PSFR2 District: Residence Division. 1. “Single family detached dwellings” [SR] (UNCL). 2. “Residential garage sales” [SR] (UNCL). 3. “Residential occupations” [SR] (UNCL). 4. “Residential outdoor storage of firewood” [SR] (UNCL). 5. “Residential parking areas” [SR] (UNCL). Finance, Insurance, and Real Estate Division. 6. “Development sales office” [SR] (UNCL). Services Division. 7. “Family residential care facility” [SR] (8361). 8. “Home child day care services” [SR] (8351). Construction Division. 9. “Contractors office and equipment areas” [SR] (UNCL). Transportation, Communication, and Utilities Division. 10. “Radio and television antennas” [SR] (UNCL). 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). VOLUME LXXII AUGUST 8, 2007 580 16. “Accessory structures” [SR] (UNCL) to the permitted uses allowed in this PSFR2 Planned Single Family Residence District, subject to the provisions of Section 19.12.500, Accessory Structures and Buildings, of the Elgin Zoning Ordinance. 17. “Accessory uses” [SR] (UNCL) to the permitted uses allowed in this PSFR2 Planned Single Family Residence District, subject to the provisions of Section 19.20.400, Component Land Uses, of the Elgin Zoning Ordinance. In this PSFR2 zoning district, the use of land and structures shall be subject to the provisions of Chapter 19.10, Land Use, of the Elgin Municipal Code, 1976, as amended. The following enumerated “land uses” [SR] shall be the only land uses allowed as a “conditional use” [SR] in this PSFR2 zoning district: Residences Division. 1. “Conditional residential occupations” [SR] (UNCL). Municipal Services Division. 2. “Municipal facilities” [SR] (UNCL) on a zoning lot containing less than two acres of land. Transportation, Communication, and Utilities Division. 3. “Amateur radio antennas” [SR] (UNCL). 4. “Commercial antennas and antenna structures mounted on existing structures” [SR] (UNCL). 5. “Commercial antenna tower” [SR] (UNCL) 6. “Other radio and television antennas” [SR] (UNCL). 7. “Other satellite dish antennas” [SR] (UNCL). 8. “Pipelines, except natural gas” (461). 9. “Railroad tracks” (401). 10. “Treatment, transmission and distribution facilities: equipment, equipment buildings, towers, exchanges, substations, regulators” [SR] (UNCL). Miscellaneous Uses Division. 11. “Planned developments” [SR] (UNCL) on a zoning lot containing less than two acres of land, subject to the provisions of Chapter 19.60, Planned Developments, of the Elgin Zoning Ordinance. 12. “Accessory structures” [SR] (UNCL) to the conditional uses allowed in this PSFR2 Planned Single Family Residence District, subject to the provisions of Chapter 19.12.500, Accessory structures and Buildings. 13. “Accessory uses” [SR] (UNCL) to the conditional uses allowed in this PSFR2 Single Family Residence District, subject to the provisions of Section 19.10. 400, Component Land Uses. G. Site Design. In this PSFR2 zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.12, Site Design, of the Elgin Zoning Ordinance, and in the Annexation Agreement. In this PSFR2 zoning district, the site design regulations shall be as follows: AUGUST 8, 2007 VOLUME LXXII 581 1. Zoning Lots - Generally. In this PSFR2 zoning district, "zoning lots" [SR] shall be subject to the provisions of Section 19.12.300, Zoning Lots - Clarifications and Exceptions, of the Elgin Zoning Ordinance. 2. Lot Area. In this PSFR2 zoning district, the minimum required "zoning lot area" [SR] shall be 10,000 square feet per dwelling unit, and in substantial conformance to the Preliminary Plat (Sheets 1-4) prepared by JAS Associates, Inc., last revised March 17, 2005. 3. Lot Width. In this PSFR2 zoning district, the minimum required "lot width" [SR] for a zoning lot shall be in substantial conformance to the Preliminary Plat (Sheets 1-4) prepared by JAS Associates, Inc., last revised March 17, 2005. 4. Setbacks - Generally. In this PSFR2 zoning district, the minimum required "setbacks" [SR] shall be in substantial conformance to the Preliminary Plat (Sheets 1-4) prepared by JAS Associates, Inc., last revised March 17, 2005. 5. Setbacks by Lot Line. In this PSFR2 zoning district, the minimum required "building" [SR] "setbacks" [SR] for a zoning lot shall be in substantial conformance to the Preliminary Plat (Sheets 1-4) prepared by JAS Associates, Inc., last revised March 17, 2005, namely: a. Street Setback: 30 feet. b. Side/Interior Setback: 7.5 feet. c. Rear Setback: 30 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. 8. Residential Floor Area. In this PSFR2 zoning district, the maximum "residential floor area" [SR] for a single family zoning lot shall equal the “zoning lot area” [SR] times 0.40 (40%). 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%). VOLUME LXXII AUGUST 8, 2007 582 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. Supplementary Conditions. 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 following building elevations and floor plans, preliminary plat, and engineering plans: 1. Building elevations and floor plans, prepared by Architectural Design Concepts, Inc., including: a. Plan 2007, Sheets A1-A5 b. Plan 2006, Sheets A1-A5 c. Plan 2003, Sheets A1-A8 d. Plan 2001, Sheets A1-A8 2. Overall Site Plan Exhibit, prepared by JAS Associates, Inc., last revised March 18, 2005. 3. Preliminary Plat and Preliminary Engineering (Sheets 1-4), prepared by JAS Associates, Inc., last revised March 17, 2005. 4. Preliminary Tree Preservation Plan, prepared by Urban Forest Management, Inc., dated June 20, 2005. 5. Landscape Plan and Entry Sign Elevation, prepared by Trinity Landscape, last revised April 5, 2005. b. Within this PSFR2 zoning district, the architecture, design and construction of dwelling units shall also be as follows: 1. Single story dwellings shall contain a minimum of 2,000 square feet in floor area, excluding garages, basements, cellars, walk-outs or other similar spaces. 2. Dwellings having two or more stories shall contain a minimum of 2,400 square feet of floor area, excluding garages, basements, cellars, attics, walk-outs or other similar spaces. 3. All roofs shall be pitched, either gable or hip style. The minimum roof pitch shall be 4/12. Flat roofs are specifically prohibited. 4. Street facing walls shall be entirely constructed of wood, stone, brick, or cement fiberboard (aka hardyboard). All other wall surfaces shall include a minimum of 50% wood, stone, brick or cement fiberboard (aka hardyboard). Aluminum and vinyl siding shall be a heavy gauge. This provision shall not be construed to prohibit light-gauge vinyl clad or aluminum for soffits, facia, second floor peaks, gutters and downspouts. AUGUST 8, 2007 VOLUME LXXII 583 5. Light gauge vinyl siding, light gauge aluminum siding, masonite, glazed brick, non-overlapping cedar siding, imitation stone, imitation brick, exposed concrete, or exposed cinder block are not permitted to be used as exterior wall siding. 6. No two (2) homes of like exterior design may be constructed on the same side of the street unless such buildings are separated by four (4) or more buildings, building sites, or combination thereof, of completely dissimilar design. Buildings of like exterior design may not be erected directly across the street from each other. All buildings shall be considered to be of "like exterior design" unless they have substantially different floor plans, elevations and are substantially different in exterior appearance. 7. All gutters will be in neutral colors so as to be inconspicuous. 8. Each house will have at least a two (2) car garage. Garages shall be designed in accordance with the following provisions adopted within the Far West Planning Area Development and Design Guidelines (Ordinance No. G6-01). a. Street Facing Garages. Street facing garages shall be recessed a minimum of 10 feet behind the main residential façade. However, residences with street-facing garages recessed less than 10 feet, but not less than 2 feet behind the main residential façade, shall be allowed if the residence includes a front porch or portico; or if the garage includes one or more of the following features designed to complement the architectural style of the residence: individual garage does accessing each parking bay, gable end of the garage roof line facing the street, a roof peak centered over a double wide garage door, or proportionately designed dormers. b. Side Entry Garages. Side entry garages shall feature gable ends, roof lines, window and door fenestration, and other architectural elements which match or complement those same design elements on the residence. Side entry garages shall be designed and oriented to provide access to parking bays via a side or rear entry, with driveway access to the garage crosses in front of the main entrance, the following provisions shall apply: (1) the lot shall contain a minimum of 20,000 square feet of lot area, (2) the garage shall be set back a minimum of 40 feet from the street lot line, and (3) at least one third of the garage width shall be located behind the front façade of the residence. 9. All chimneys must be constructed of brick or other natural materials (wood, stone, or stucco) if the chimney is visible from the front, and otherwise may be constructed of any of the material that would have been permitted on the side or real exterior walls of the structure (as set forth in subparagraph 4 above) VOLUME LXXII AUGUST 8, 2007 584 10. Each dwelling constructed on a lot of record shall be fully landscaped prior to its initial occupancy. If inclement weather does nto permit installation of landscape materials, then a cash bond in the amount of 150% of the estimated cost of work shall be submitted to the City as monetary assurance for the unfinished work. The minimum required landscaping for a lot of record to be considered fully landscaped shall be: a. Front and side yards shall be sodded. b. Rear yards shall be seeded. c. Sufficient foundation plantings to screen the building's foundation developed in conformance with a landscape plan as approved by the City. d. All plant material shall be appropriate to the climate of the area. 11. In the event of any conflict between the provisions of this subparagraph 2G12b and the preceding subparagraph 2G12a, the provisions of this subparagraph 2G12b shall control. c. Conformance with all applicable codes and ordinances. H. Off-Street Parking. In this PSFR2 zoning district, off street parking shall be subject to the provisions of Chapter 19.45, Off-Street Parking, of the Elgin Municipal Code, 1976, as amended. I. Off-Street Loading. In this PSFR2 zoning district, off street loading shall be subject to the provisions of Chapter 19.47, Off-Street Loading, of the Elgin Municipal Code, 1976, as amended. J. Signs. In this PSFR2 zoning district, signs shall be subject to the provisions of Chapter 19.50, Signs, of the Elgin Municipal Code, 1976, as amended, and shall also be subject to paragraph G., Site Design, of this ordinance. K. Amendments. In this PSFR2 zoning district, application for text and map amendments shall be subject to the provisions of Chapter 19.55, Amendments. A text and map amendment may be requested by an individual lot or property owner for a zoning lot without necessitating that all other property owners in this PSFR2 zoning district authorize such an application. L. Planned Developments. In this PSFR2 zoning district, application for a planned development shall be subject to the provisions of Chapter 19.60, Planned Developments, of the Elgin Municipal Code, 1976, as amended. A conditional use for a planned development may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PSFR2 zoning district and without necessitating that all other property owners in this PSFR2 zoning district authorize such an application. AUGUST 8, 2007 VOLUME LXXII 585 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. 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. O. Subdivisions – Generally. The subdivision of the subject property and development thereof shall comply with the subdivision regulations of the city, as amended, and the Plat Act of the State of Illinois. Prior to building permit issuance, for each building or structure proposed to be built within the planned development, a soils suitability and bearing capacity test shall be performed as required by the City Engineer and the Development Administrator, and the provisions of the Annexation Agreement. P. Buildings – Required Improvements. In addition to those building improvements required by Title 16 of the Elgin Municipal Code, the following building improvements shall also be required: 1. All sanitary sewer shall be overhead sewers. 2. All structures containing sump pits and pumps shall have separate lines connecting the sump pump to the storm sewer as required by the City Engineer and the Development Administrator. Q. Appeals. Any requirement, determination, or interpretation associated with the administration and enforcement of the provisions of this ordinance may be appealed subject to the provisions of Chapter 19.75, Appeals, of the Elgin Municipal Code, 1976, as amended. Section 3. That this ordinance shall be full force and effect immediately after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor VOLUME LXXII AUGUST 8, 2007 586 Presented: August 8, 2007 Passed: August 8, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: August 9, 2007 Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G47-07 PASSED CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PMFR PLANNED MULTIPLE FAMILY RESIDENCE DISTRICT (TRINITY CHASE SUBDIVISION – 3150 U.S. ROUTE 20) Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Ordinance No. G47-07 AN ORDINANCE CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PMFR PLANNED MULTIPLE FAMILY RESIDENCE DISTRICT (Trinity Chase Subdivision – 3150 US Route 20) WHEREAS, the territory herein described has been annexed to the City of Elgin; and WHEREAS, written application has been made to classify said territory to a PMFR Planned Multiple Family Residence District; and WHEREAS, after due notice in the manner provided by law the Planning and Development Commission conducted public hearings concerning said applications and has submitted its written findings and recommendations; and WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Planning and Development Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: 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: AUGUST 8, 2007 VOLUME LXXII 587 “The boundaries herein before laid out in the ‘Zoning District Map’, as amended, be and are hereby altered by including in the PMFR Planned Multiple Family Residence District, the following described property: Those areas on the attached zoning plat, prepared by JAS Associates, Inc., dated January 9, 2006, designated in the PMFR Planned Multiple Family Residence District. Section 2. That the City Council of the City of Elgin hereby grants the PMFR Planned Multiple Family Residential District which shall be designed, developed, and operated subject to the following provisions: A. Purpose and Intent. The purpose and intent of this PMFR zoning district is to provide a planned urban residential environment of the lowest standardized density for multiple family detached dwellings, subject to the provisions of Chapter 19.60 Planned Developments of the Elgin Municipal Code, 1976, as amended. The PMFR District is most similar to, but departs from the standard requirements of, the MFR Multiple Family Residential District. B. Supplementary Regulations. Any word or phrase contained herein, followed by the symbol “[SR]”, shall be subject to the definitions and the additional interpretive requirements provided in Chapter 19.90, Supplementary Regulations of the Elgin Municipal Code, 1976, as amended. The exclusion of such symbol shall not exempt such word or phrase from the applicable supplementary regulation. C. General Provisions. In this PMFR zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.05, General Provisions, of the Elgin Municipal Code, 1976, as amended. D. Zoning Districts - Generally. In this PMFR zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.07, Zoning Districts, of the Elgin Municipal Code, 1976, as amended, and the provisions of the Annexation Agreement. E. Location and Size of District. This PMFR zoning district should be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate PMFR zoning district exclusive of rights-of- way, but including adjoining land or land directly opposite a right-of-way shall not be less than two acres. F. Land Use. In this PMFR zoning district, the use of land and structures shall be subject to the provisions of Chapter 19.10, Land Use, of the Elgin Municipal Code, 1976, as amended. The following enumerated “land uses” [SR] shall be the only land uses allowed as a “permitted use” [SR] in this PMFR District: VOLUME LXXII AUGUST 8, 2007 588 Residence Division. 1. “Attached dwellings” [SR] (townhomes) (UNCL). 2. “Residential garage sales” [SR] (UNCL). 3. “Residential occupations” [SR] (UNCL). 4. “Residential outdoor storage of firewood” [SR] (UNCL). 5. “Residential parking areas” [SR] (UNCL). 6. “Residential storage” [SR] (UNCL). 7. “Residential storage of trucks or buses” [SR] (UNCL). Municipal Services Division. 8. Public parks, recreation, open space (UNCL) on a “zoning lot” [SR] containing less than two acres of land. Finance, Insurance, and Real Estate Division. 9. “Development sales office” [SR] (UNCL). Services Division. 10. “Family residential care facility” [SR] (8361). 11. “Home child day care services” [SR] (8351). 12. “Residential Care Facility” [SR]. Construction Division 13. “Contractors office and equipment areas” [SR] (UNCL). Transportation, Communication, and Utilities Division. 14. “Amateur radio antennas” [SR] (UNCL). 15. “Commercial antennas and antenna structures mounted on existing structures” [SR] (UNCL). 16. “Radio and television antennas” [SR] (UNCL). 17. “Satellite dish antennas” [SR] (UNCL). 18. “Treatment, transmission, and distribution facilities: poles, wires, cables, conduits, laterals, vaults, pipes, mains, and valves” [SR] (UNCL). Miscellaneous Uses Division. 19. “Fences and walls” [SR] (UNCL). 20. “Parking lots” [SR] (UNCL), exclusively “accessory” [SR], subject to the provisions of Chapter 19.45, Off Street Parking. 21. “Refuse collection area” [SR]. 22. “Signs” [SR] (UNCL), subject to the provisions of Chapter 19.50, Signs. 23. “Temporary uses” [SR] (UNCL). 24. “Accessory structures” [SR] (UNCL) to the permitted uses allowed in this PMFR Planned Multiple Family Residence District, subject to the provisions of Section 19.12.500, Accessory Structures and Buildings. 25. “Accessory uses” [SR] (UNCL) to the permitted uses allowed in this PMFR Planned Multiple Family Residence District, subject to the provisions of Section 19.20.400, Component Land Uses. In this PMFR zoning district, the use of land and structures shall be subject to the provisions of Chapter 19.10, Land Use, of the Elgin Municipal Code, 1976, as amended. The following enumerated “land uses” [SR] shall be the only land uses allowed as a “conditional use” [SR] in this PMFR zoning district: AUGUST 8, 2007 VOLUME LXXII 589 Residences Division. 1. Conditional residential occupations” [SR] (UNCL). Municipal Services Division. 2. Municipal facilities” [SR] (UNCL) on a zoning lot containing less than two acres of land. Transportation, Communication, and Utilities Division. 3. “Conditional commercial antennas and antenna structures mounted on existing structures” [SR] (UNCL). 4. “Conditional commercial antenna tower” [SR] (UNCL) 5. “Other radio and television antennas” [SR] (UNCL). 6. “Other satellite dish antennas” [SR] (UNCL). 7. “Pipelines, except natural gas” (461). 8. “Treatment, transmission and distribution facilities: equipment, equipment buildings, towers, exchanges, substations, regulators” [SR] (UNCL). Miscellaneous Uses Division. 9. “Master signage plan” [SR], subject to the provisions of Chapter 19.50, Signs. 10. “Parking structures” [SR] (UNCL), exclusively “accessory” [SR]. 11. “Planned developments” [SR] (UNCL) on a zoning lot containing less than two acres of land, subject to the provisions of Chapter 19.60, Planned Developments. 12. “Accessory structures” [SR] (UNCL) to the conditional uses allowed in this PMFR Planned Multiple Family Residence District, subject to the provisions of Chapter 19.12.500, Accessory structures and Buildings. 13. “Accessory uses” [SR] (UNCL) to the conditional uses allowed in this PMFR Multiple Family Residence District, subject to the provisions of Section 19.10. 400, Component Land Uses. G. Site Design. In this PMFR zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.12, Site Design, of the Elgin Zoning Ordinance, and in the terms and conditions of the Annexation Agreement. In this PMFR district, the use and development of land and structures shall be subject to the following conditions: d. Substantial conformance with the following building elevations and floor plans, preliminary plat, and engineering plans: A. Building elevations and floor plans the Manor Homes, prepared for Grand Pointe Homes., including: 1. The Ashton, 1801 square feet. 2. The Brooke, 2354 square feet. 3. The Brooke II, 2354 square feet. 4. The Cameron, 1357 square feet. 5. The Dahlia, 1984 square feet. B. Overall Site Plan Exhibit, prepared by JAS Associates, Inc., last revised March 18, 2005. VOLUME LXXII AUGUST 8, 2007 590 C. Preliminary Plat and Preliminary Engineering (Sheets 1-4), prepared by JAS Associates, Inc., last revised March 17, 2005. D. Preliminary Tree Preservation Plan, prepared by Urban Forest Management, Inc., dated June 20, 2005. E. Landscape Plan and Entry Sign Elevation, prepared by Trinity Landscape, last revised April 5, 2005. e. Within this PMFR District, the architecture, design and construction of dwelling units shall also be in compliance with the following: A. Street facing walls shall be entirely constructed of wood, stone, brick stucco or cement fiberboard (aka hardyboard). All other wood surfaces shall include a minimum of 50% wood, stone, brick, stucco or cement fiberboard. Aluminum and vinyl siding shall be a heavy gauge. This provision shall not be construed to prohibit light gauge vinyl clad or aluminum for soffits, facia, second floor peaks, gutters and downspouts. B. Light gauge vinyl siding, light gauge aluminum siding, masonite, glazed brick, non-overlapping cedar siding, imitation stone, imitation brick, exposed concrete or exposed cinderblock are not permitted to be used as exterior wall siding. C. All gutters will be in neutral colors so as to be inconspicuous. D. All chimneys must be constructed of brick or other natural materials (wood, stone, stucco or cement fiberboard) if the chimney is visible from the front, and otherwise may be constructed of any of the material that would have been permitted on the side or rear exterior walls of the structure (as set forth in subparagraph A above). E. Each dwelling constructed on a lot of record shall be fully landscaped prior to its initial occupancy. If inclement weather does not permit installation of landscape materials, then a cash bond in the amount of 150% of the estimated cost of work shall be submitted to the City as monetary assurance for the unfinished work. The minimum required landscaping for a lot of record to be considered fully landscaped shall be: 1. Front and side yards to be landscaped. 2. Rear yards shall be seeded. 3. Sufficient foundations plantings to screen the buildings foundation developed in conformance with the landscaping plans as approved by the City. 4. All plant materials shall be appropriate to the climate of the area. f. Conformance with all applicable codes and ordinances. H. Off-street Parking. In this PMFR zoning district, off street parking shall be subject to the provisions of Chapter 19.45, Off-street Parking, of the Elgin Municipal Code, 1976, as amended. AUGUST 8, 2007 VOLUME LXXII 591 I. Off-street Loading. In this PMFR zoning district, off street loading shall be subject to the provisions of Chapter 19.47, Off-street Loading, of the Elgin Municipal Code, 1976, as amended. J. Signs. In this PMFR zoning district, signs shall be subject to the provisions of Chapter 19.50, Signs, of the Elgin Municipal Code, 1976, as amended. K. Amendments. In this PMFR zoning district, application for text and map amendments shall be subject to the provisions of Chapter 19.55, Amendments. A text and map amendment may be requested by an individual lot or property owner for a zoning lot without necessitating that all other property owners in this PMFR zoning district authorize such an application. L. Planned Developments. In this PMFR zoning district, application for a planned development shall be subject to the provisions of Chapter 19.60, Planned Developments, of the Elgin Municipal Code, 1976, as amended. A conditional use for a planned development may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PMFR zoning district and without necessitating that all other property owners in this PMFR zoning district authorize such an application. M. Conditional Uses. In this PMFR zoning district, application for conditional uses shall be subject to the provisions of Chapter 19.65 Conditional Uses, of the Elgin Municipal Code, 1976, as amended. A conditional use may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PMFR zoning district and without necessitating that all other property owners in this PMFR zoning district authorize such an application. N. Variations. In this PMFR 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 PMFR zoning district and without necessitating that all other property owners in this PMFR zoning district authorize such an application. O. Subdivisions – Generally. The subdivision of the subject property and development thereof shall comply with the subdivision regulations of the city, as amended, and the Plat Act of the State of Illinois. Prior to building permit issuance, for each building or structure proposed to be built within the planned development, a soils suitability and bearing capacity test shall be performed as required by the City Engineer and the Development Administrator, and the provisions of the Annexation Agreement. P. Buildings – Required Improvements. In addition to those building improvements required by Title 16 of the Elgin Municipal Code, the following building improvements shall also be required: VOLUME LXXII AUGUST 8, 2007 592 1. All sanitary sewers shall be overhead sewers. 2. All structures containing sump pits and pumps shall have separate lines connecting the sump pump to the storm sewer as required by the City Engineer and the Development Administrator. Q. Appeals. Any requirement, determination, or interpretation associated with the administration and enforcement of the provisions of this ordinance may be appealed subject to the provisions of Chapter 19.75, Appeals, of the Elgin Municipal Code, 1976, as amended. Section 3. That this ordinance shall be full force and effect immediately after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: August 8, 2007 Passed: August 8, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: August 9, 2007 Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G48-07 PASSED CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PAB PLANNED AREA BUSINESS DISTRICT (TRINITY CHASE SUBDIVISION – 3150 U.S. ROUTE 20) Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Ordinance No. G48-07 AN ORDINANCE CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PAB PLANNED AREA BUSINESS DISTRICT (Trinity Chase Subdivision – 3150 US Route 20) WHEREAS, the territory herein described has been annexed to the City of Elgin; and AUGUST 8, 2007 VOLUME LXXII 593 WHEREAS, written application has been made to classify said territory to a PAB Planned Area Business District; and WHEREAS, after due notice in the manner provided by law the Planning and Development Commission conducted public hearings concerning said application and has submitted its written findings and recommendations; and 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: The boundaries herein before laid out in the ‘Zoning District Map’, as amended, be and are hereby altered by including in the PAB Planned Area Business District, the following described areas within the project area: Those areas on the attached zoning plat, prepared by JAS Associates, Inc., dated January 9, 2006, designated in the PAB Planned Area Business District. Section 2. That the City Council of the City of Elgin hereby grants the PAB Planned Area Business District which shall be designed, developed, and operated subject to the following provisions: A. Purpose and Intent. The purpose of the PAB planned area business district is to provide commodities and services to several neighborhoods, and in some instances to a community wide or regional supporting population, subject to Chapter 19.60. A PAB planned area business zoning district is most similar to, but departs from the standard requirements of the AB zoning district. B. Supplementary Regulations. Any word or phrase contained herein, followed by the symbol “[SR]”, shall be subject to the definitions and the additional interpretive requirements provided in Chapter 19.90, Supplementary Regulations of the Elgin Municipal Code, 1976, as amended. The exclusion of such symbol shall not exempt such word or phrase from the applicable supplementary regulation. C. General Provisions. In this PAB zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.05, General Provisions, of the Elgin Municipal Code, 1976, as amended. D. Zoning Districts - Generally. In this PAB zoning district, the use and VOLUME LXXII AUGUST 8, 2007 594 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, and the provisions of the Annexation Agreement. E. Location and Size of District. This PAB zoning district should be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate PAB zoning district exclusive of rights-of-way, but including adjoining land or land directly opposite a right of way shall not be less than two acres. F. Land Use. In this PAB zoning district, the use of land and structures shall be subject to the provisions of Chapter 19.10, Land Use of the Elgin Municipal Code, 1976, as amended. The following enumerated “land uses” [SR] shall be the only land uses allowed as a “permitted use” [SR] in this PAB zoning district: Permitted Uses. The following enumerated land uses shall be the only land uses allowed as a permitted use in the PAB Planned Area Business District: Municipal Services Division. 1. “Municipal facilities” [SR] (UNCL) on a zoning lot containing less than two (2) acres of land. Offices Division. 2. "Offices" [SR] (UNCL). Finance, Insurance, and Real Estate Division. 3. "Development sales offices" [SR] (UNCL). 4. “Finance, insurance, and real estate” (H). Services Division. 5. “Advertising” (731). 6. “Automotive renting and leasing without drivers” (751). 7. “Barbershops” (724). 8. “Beauty shops” (723). 9. "Bed and breakfast inns" [SR] (7011). 10. “Commercial, economic, sociological and educational research” (8732). 11. “Commercial, physical, and biological research” (8731). 12. “Computer programming, data processing and other computer-related services” (737). 13. “Computer rental and leasing” (7377). 14. “Dance studios and schools” (791). 15. “Detective and guard services” (7381). 16. “Electrical and electronic repair shops” (7629). 17. “Engineering, accounting, research, management and related services” (87). 18. “Funeral service” (726). 19. “Garment pressing, and agents for laundries and dry cleaners” (7212). 20. “Home health care services” (808). 21. “Laundry collecting and distributing outlets” (7211). AUGUST 8, 2007 VOLUME LXXII 595 22. “Legal services” (811). 23. “Libraries” (823). 24. “Mailing, reproduction, commercial art and photography, and stenographic services” (733). 25. “Management and public relations services” (874). 26. “Medical and dental laboratories” (807). 27. “Membership organizations” (86). 28. “Membership sports and recreation clubs” (7997). 29. “Miscellaneous personal services not elsewhere classified” (7299). 30. “News syndicates” (7383). 31. “Noncommercial research organizations” (8733). 32. “Offices and clinics of dentists” (802). 33. “Offices and clinics of doctors of medicine” (801). 34. “Offices and clinics of doctors of osteopathy” (803). 35. “Offices and clinics of other health practitioners” (804). 36. “Other schools and educational services” (829). 37. “Personnel supply services” (736). 38. “Photofinishing laboratories” (7384). 39. “Photographic studios, portrait” (722). 40. “Physical fitness facilities” (7991). 41. “Professional sports operators and promoters” (7941). 42. “Radio and television repair shops” (7622). 43. “Security systems services” (7382). 44. “Shoe repair shops and shoeshine parlors” (725). 45. “Tax return preparation services” (7291). 46. “Videotape rental” (784). 47. “Vocation schools” (824). 48. “Watch, clock and jewelry repair” (763). Retail Trade Division. 49. “Apparel and accessory stores” (56). 50. “Building materials, hardware and garden supply” (52). 51. “Carryout restaurants” (5812). 52. “Catalog and mail-order houses” (5961). 53. “Direct selling establishments” (5963). 54. “Drugstores and proprietary stores” (591). 55. “Eating places” (5812). 56. “Florists” (5992). 57. “Food stores” (54). 58. “General merchandise stores” (53). 59. “Home furniture, furnishings and equipment stores” (57). 60. “Miscellaneous retail stores not elsewhere classified” (5999). 61. “Miscellaneous shopping goods stores” (594). 62. “News dealers” (5994). 63. “Optical goods stores” (5995). 64. “Tobacco stores” (5993). Agricultural Division. VOLUME LXXII AUGUST 8, 2007 596 65. “Farm labor and management services” (076). 66. “Greenhouses for floral products,” exclusively "accessory" [SR] to a use allowed in the zoning district (0181). 67. “Landscape counseling and planning” (0781). Construction Division. 68. "Contractor's office and equipment areas" [SR] (UNCL). Manufacturing Division. 69. “Commercial printing occupying less than five thousand (5,000) square feet of gross floor area” (2752). Transportation, Communication and Utilities Division. 70. "Amateur radio antennas" [SR] (UNCL). 71. “Arrangement of passenger transportation” (472). 72. “Arrangement of transportation of freight and cargo” (473). 73. “Branch United States post offices” (4311). 74. “Bus charter service operators' offices” (414). 75. “Cable and other pay television services” (484). 76. "Commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL). 77. “Communication services not elsewhere classified” (489). 78. “Intercity and rural bus transportation operators' offices” (413). 79. “Local and suburban passenger transportation operators' offices” (411). 80. "Radio and television antennas" [SR] (UNCL). 81. “Radio and television broadcasting stations” (483). 82. “Railroad operators' offices” (401). 83. "Satellite dish antennas" [SR] (UNCL). 84. “School bus operators' offices” (415). 85. “Taxicab operators' offices” (412). 86. “Telegraph and other message communications” (482). 87. “Telephone communications” (481). 88. "Treatment, transmission, and distribution facilities: poles, wires, cables, conduits, laterals, vaults, pipes, mains, and valves" [SR] (UNCL). Conditional Uses. The following enumerated land uses shall be the only land uses allowed as a conditional use in this PAB Planned Area Business District: Municipal Services Division. 1. "Municipal facilities" [SR] on a zoning lot [SR] containing less than two (2) acres of land. Public Administration Division. 2. “Public administration” (J) on a zoning lot containing less than two (2) acres of land. Finance, Insurance, and Real Estate Division. 3. “Check-cashing agencies” (6099). Services Division. 4. “Billiard parlors” (7999). 5. “Bingo parlors” (7999). AUGUST 8, 2007 VOLUME LXXII 597 6. “Car washes” [SR] (7542). 7. “Child daycare services” (835). 8. “Coin-operated amusement establishments” (7993). 9. “Home child daycare services” [SR] (8351). 10. “Individual and family social services” (832). 11. “Job training and vocational rehabilitation services” (833). Retail Trade Division. 12. “Convenience food stores, operated on a twenty four (24) hour basis” (5411). 13. “Drinking places (alcoholic beverages)” (5813). 14. “Drive-in restaurants” (5812). 15. “Motor vehicle dealers” (55). 16. “Motor vehicle service stations” [SR] (554). 17. “Outdoor eating and drinking facilities” [SR] (5813). 18. “Package liquor sales establishments” [SR] (5921). Agricultural Division. 19. “Dog grooming” (0752). 20. “Veterinary services for household pets” (0742). Transportation, Communication And Utilities Division. 21. “Conditional commercial antenna tower” [SR] (UNCL). 22. “Conditional commercial antennas and antenna structures mounted on existing structures” [SR] (UNCL). 23. “Courier services” (4215). 24. “Other radio and television antennas” [SR] (UNCL). 25. “Other satellite dish antennas” [SR] (UNCL). 26. “Pipelines, except natural gas” (461). 27. “Railroad tracks” (401). 28. “Treatment, transmission and distribution facilities: equipment, equipment buildings, towers, exchanges, substations, regulators” [SR] (UNCL). Miscellaneous Uses Division. 29. “Accessory package liquor sales establishment” [SR] (UNCL). 30. “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. 31. “Accessory uses” [SR] (UNCL) to the conditional uses allowed in the AB Neighborhood Business District, subject to the provisions of Section 19.10.400 of this Title. 32. “Drive-through facilities” [SR] (UNCL), subject to the provisions of Chapter 19.45 of this Title. 33. “Master signage plan” [SR], subject to the provisions of Chapter 19.50 of this Title. 34. “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. VOLUME LXXII AUGUST 8, 2007 598 G. Architectural and Site Design. In this PAB planned area business zoning district, except as otherwise provided for herein, the use and development of land and structures shall subject to the provisions of Section 19.12, Site Design, of the Elgin Municipal Code, as amended. In this PAB zoning district, the site design regulations shall be as follows: 1. Zoning Lots; Generally: In this PAB zoning district, "zoning lots" [SR] shall be subject to the provisions of Section 19.12.300 of this Title. 2. Lot Area: In this PAB zoning district, there shall be no minimum required "zoning lot area" [SR] . 3. Lot Width: In this PAB zoning district, there shall be no minimum required "lot width" [SR] for a zoning lot. 4. Setbacks; Generally: In this PAB zoning district, "setbacks" [SR] shall be subject to the provisions of Section 19.12.400 of this Title. 5. Setbacks by Lot Line: In this PAB zoning district, the minimum required "building" [SR] "setbacks" [SR] and "vehicle use area setbacks" [SR] for a zoning lot shall be as follows: a. Building Setbacks: In this PAB District, the minimum required building setbacks shall be subject to the provisions of Section 19.35.435(E) of this Title. b. Vehicle Use Area Setbacks: In this PAB District, the minimum required vehicle use area setbacks shall be subject to the provisions of Section 19.35.435(E) of this Title. 6. Accessory Structures and Buildings: In this PAB zoning district, "accessory structures and buildings" [SR] shall be subject to the provisions of Section 19.12.500 and Section 19.35.435(E) of this Title. 7. Yards; Generally: In this PAB zoning district, a "street yard" [SR], a "side yard" [SR], a "rear yard" [SR], or a "transition yard" [SR] established by a required building setback or by the actual location of a building shall be subject to the provisions of Section 19.12.600 and Section 19.35.435(E) of this Title. 8. Landscape Yards: In this PAB zoning district, landscape yards shall be as follows: a. Vehicle Use Area Landscape Yards: The yards established by vehicle use area setbacks shall be used as "vehicle use area landscape yards" [SR] with the exception of access driveways as provided in Sections 19.45.110 and 19.35.435(E) of this Title. Vehicle use area landscape yards shall be subject to the provisions of Section 19.12.700 of the zoning ordinance. b. Interior Landscape Yards: "Interior landscape yards" [SR] shall be installed on a zoning lot featuring a "vehicle use area" [SR], which exceeds five thousand (5,000) square feet in area, subject to the provisions of Section 19.12.700 of this Title. Additionally, all buildings shall have a minimum 10 foot foundation landscape yard surrounding all sides of the building excluding outside seating areas, in front of a loading door or a man door, and where there are AUGUST 8, 2007 VOLUME LXXII 599 widows located at grade. The foundation landscape yard shall be fully landscaped with a combination of shrubs and perennials. 9. Floor Area: In this PAB zoning district, the maximum "floor area" for a zoning lot shall not exceed 60% of the total zoning lot area. 10. Building Coverage: In this PAB zoning district, the maximum "building coverage" [SR] for a zoning lot shall not exceed 40% of the total zoning lot area. 11. In this PAB District, the minimum architectural standards shall be as follows: a. Building Materials. A minimum of seventy percent of each building façade shall be constructed of brick, stone, wood, stucco, or cement fiber board. A maximum of twenty percent of each building façade may be constructed of Exterior Insulation Finishing System, decorative concrete block, premanufactured concrete panels, or other synthetic materials such as aluminum or vinyl siding products. b. Architecture. Each building façade shall contain a minimum of four architectural features including, but not limited to, window sills, lintels, fabric awnings, columns, stone watercourses, offsets, cornices, capstones, parapets, or alternating brick design. c. Windows and entryways. Windows and entryways shall be emphasized by utilizing awnings or other dominant architectural features. These features should be further highlighted through the use of stone window sills and lintels and alternate brick design such as soldier courses. d. All refuse enclosures shall be constructed fully of masonry materials incorporating the principal building architectural elements and landscaping screening. e. Outdoor eating and drinking areas shall be enclosed by a minimum 3 foot wrought iron or aluminum open fencing. Solid masonry walls will also be permitted. The use of stone or masonry columns within the fence design is encouraged. 12. Prior to the development of any portion of the property in this PAB District, the owner and the developer of the subject property shall be required to submit a development plan to the City for a public hearing and City Council approval pursuant to the provisions of Chapter 19.60, Planned Developments, of the Elgin Municipal Code, 1976, as amended. H. Off-street Parking. In this PAB zoning district, off street parking shall be subject to the provisions of Chapter 19.45, Off-street Parking, of the Elgin Municipal Code, 1976, as amended. I. Off-street Loading. In this PAB zoning district, off-street loading shall be subject to the provisions of Chapter 19.47, Off-street Loading of the Elgin Municipal Code, 1976, as amended. VOLUME LXXII AUGUST 8, 2007 600 J. Signs. In this PAB zoning district, signs shall be subject to the provisions of Chapter 19.50, Signs of the Elgin Municipal Code, 1976, as amended. The development administrator may require, and may approve signs not otherwise provided by this title in support of the development. K. Amendments. In this PAB zoning district, application for text and map amendments shall be subject to the provisions of Chapter 19.55, Amendments. A text and map amendment may be requested by an individual lot or property owner for a zoning lot without necessitating that all other property owners in this PAB zoning district authorize such an application. L. Planned Developments. In this PAB zoning district, a conditional use for a planned development may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PAB zoning district and without necessitating that all other property owners in this PAB zoning district authorize such an application. M. Conditional Uses. In this PAB zoning district, application for conditional uses shall be subject to the provisions of Chapter 19.65 Conditional Uses of the Elgin Municipal Code, 1976, as amended. A conditional use may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PAB zoning district and without necessitating that all other property owners in this PAB zoning district authorize such an application. N. Variations. In this PAB zoning district, 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 PAB zoning district and without necessitating that all other property owners in this PAB zoning district authorize such an application. O. Subdivisions – Generally. The subdivision of the subject property and development thereof shall comply with the subdivision regulations of the city, as amended, and the Plat Act of the State of Illinois, and the provisions of the Annexation Agreement. P. Appeals. Any requirement, determination, or interpretation associated with the administration and enforcement of the provisions of this ordinance may be appealed subject to the provisions of Chapter 19.75, Appeals of the Elgin Municipal Code, 1976, as amended. Q. ARC Arterial Road Corridor Overlay District. Notwithstanding anything to the contrary in this ordinance, the use and the development of the subject property in this PAB zoning district shall also be subject to the regulations of the ARC Arterial Road Corridor Overlay District. In the event of any conflict between the regulations in the ARC Arterial Road Corridor Overlay District and other AUGUST 8, 2007 VOLUME LXXII 601 provisions of this ordinance, the regulations of the ARC Arterial Road Corridor Overlay District shall control. 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: August 8, 2007 Passed: August 8, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: August 9, 2007 Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G49-07 PASSED CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PCF PLANNED COMMUNITY FACILITY DISTRICT (TRINITY CHASE SUBDIVISION – 3150 U.S. ROUTE 20) Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Ordinance No. G49-07 AN ORDINANCE CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PCF PLANNED COMMUNITY FACILITY DISTRICT (Trinity Chase Subdivision – 3150 US Route 20) WHEREAS, the territory herein described has been annexed to the City of Elgin; and WHEREAS, written application has been made to classify said territory to a PCF Planned Community Facility District; and WHEREAS, after due notice in the manner provided by law the Planning and Development Commission conducted public hearings concerning said application and has submitted its written findings and recommendations; and VOLUME LXXII AUGUST 8, 2007 602 WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Planning and Development Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 19.07, Section 19.07.600 entitled “Zoning District Map” of the Elgin Municipal Code, 1976, as amended, be and are hereby altered by including in the PCF Planned Community Facility District, the following described property: “The boundaries herein before laid out in the ‘Zoning District Map’, as amended, be and are hereby altered by including in the PCF Planned Community Facility District, the following described:” Those areas on the attached zoning plat, prepared by JAS Associates, Inc., dated January 9, 2006, designated in the PCF Planned Community Facility District. Section 2. That the City Council of the City of Elgin hereby grants the PCF Planned Community Facility District which shall be designed, developed, and operated subject to the following provisions: A. Purpose and Intent. The purpose and intent of this PCF zoning district is to provide a planned environment for various types of community facilities, subject to the provisions of Chapter 19.60 Planned Developments, of the Elgin Municipal Code, 1976, as amended. In general, community facilities provide governmental, recreational, educational, health, social, religious, and transportation services to the community on a for profit or on a not for profit basis. B. Supplementary Regulations. Any word or phrase contained herein, followed by the symbol “[SR]”, shall be subject to the definitions and the additional interpretive requirements provided in Chapter 19.90, Supplementary Regulations of the Elgin Municipal Code, 1976, as amended. The exclusion of such symbol shall not exempt such word or phrase from the applicable supplementary regulation. C. General Provisions. In this PCF zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.05, General Provisions, of the Elgin Municipal Code, 1976, as amended, and the provisions of the Annexation Agreement. D. Zoning Districts - Generally. In this PCF zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.07, Zoning Districts, of the Elgin Municipal Code, 1976, as amended. E. Location and Size of District. This PCF zoning district should be located in substantial conformance to the official comprehensive plan. The amount of land AUGUST 8, 2007 VOLUME LXXII 603 necessary to constitute a separate PCF zoning district exclusive of rights-of-way, but including adjoining land or land directly opposite a right of way shall not be less than two acres. F. Land Use. In this PCF zoning district, the use of land and structures shall be subject to the provisions of Chapter 19.10, Land Use of the Elgin Municipal Code, 1976, as amended. The following enumerated “land uses” [SR] shall be the only land uses allowed as a “permitted use” [SR] in this PCF zoning district: Permitted Uses. The following enumerated land uses shall be the only land uses allowed as a permitted use in this PCF Community Facility District: Municipal Services Division. 1. "Municipal facilities" [SR] (UNCL). 2. "Public parks, recreation, open space" [SR] (UNCL). Public Administration Division. 3. Public administration (J). 4. Justice, public order, and safety (92). Finance, Insurance, and Real Estate Division. 5. "Development sales office" [SR] (UNCL). Construction Division. 6. "Contractors office and equipment areas" [SR] (UNCL). Transportation, Communication and Utilities Division. 7. "Commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL). 8. "Radio and television antennas" [SR] (UNCL). 9. "Satellite dish antennas" [SR] (UNCL). 10. "Treatment, transmission, and distribution facilities: poles, wires, cables, conduits, laterals, vaults, pipes, mains, and valves" [SR] (UNCL). Miscellaneous Uses Division. 11. "Fences and walls" [SR] (UNCL). 12. "Loading facilities" [SR] (UNCL), exclusively "accessory" [SR], subject to the provisions of Chapter 19.47, Off Street Loading. 13. "Parking lots" [SR] (UNCL), exclusively "accessory" [SR] to a use allowed in this PCF zoning district, subject to the provisions of Chapter 19.45, Off Street Parking. 14. "Parking structures" [SR] (UNCL), exclusively "accessory" [SR] to a use allowed in this PCF zoning district, subject to the provisions of Chapter 19.45, Off Street Parking. 15. "Refuse collection area" [SR]. 16. "Storage Tanks" [SR] (UNCL). 17. "Signs" [SR] (UNCL), subject to the provisions of Chapter 19.50, Signs. 18. "Temporary uses" [SR] (UNCL). 19. "Accessory structures" [SR] (UNCL) to the permitted uses allowed in this PCF Community Facility District, subject to the provisions of Section 19.12.500, Accessory Structures and Buildings. VOLUME LXXII AUGUST 8, 2007 604 20. "Accessory uses" [SR] (UNCL) to the permitted uses allowed in this PCF Community Facility District, subject to the provisions of Section 19.10.400, Component Land Uses. Conditional Uses. The following enumerated land uses shall be the only land uses allowed as a conditional use in this PCF Community Facility District: Transportation, Communication and Utilities Division. 1. "Conditional commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL). 2. "Conditional Commercial Antenna Tower" [SR] (UNCL). 3. "Other radio and television antennas" [SR] (UNCL). 4. "Other satellite dish antennas" [SR] (UNCL). 5. Pipelines, except natural gas (461). 6. Refuse systems (4953). 7. "Treatment, transmission, and distribution facilities: equipment, equipment buildings, towers, exchanges, substations, regulators" [SR] (UNCL). Miscellaneous Uses Division. 8. "Master signage plan" [SR], subject to the provisions of Chapter 19.50, Signs. 9. "Parking lots" [SR] (UNCL), subject to the provisions of Chapter 19.45, Off-Street Parking. 10. "Parking structures" [SR] (UNCL). 11. "Planned developments" [SR] on a "zoning lot" [SR] containing less than two acres of land, subject to the provisions of Chapter 19.60, Planned Developments. 12. "Accessory structures" [SR] (UNCL) to the conditional uses allowed in this PCF Community Facility District, subject to the provisions of Section 19.12.500, Accessory Structures and Buildings. 13. "Accessory uses" [SR] (UNCL) to the conditional uses allowed in this PCF Community Facility District, subject to the provisions of Section 19.10.400, Component Land Uses. G. Site Design. In this PCF zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.12, Site Design, of the Elgin Zoning Ordinance. In this PCF district, the use and development of land and structures located on the publicly owned park sites shall be subject to the following conditions: 1. Zoning Lots - Generally. In this PCF zoning district, "zoning lots" [SR] shall be subject to the provisions of Section 19.12.300, Zoning Lots Clarifications and Exceptions. 2. Lot Area. In this PCF zoning district, the minimum required "zoning lot area" [SR] shall be 20,000 square feet. AUGUST 8, 2007 VOLUME LXXII 605 3. Lot Width. In this PCF zoning district, the minimum required "lot width" [SR] for a zoning lot shall be 125 linear feet. 4. Setbacks - Generally. In this PCF zoning district, "setbacks" [SR] shall be subject to the provisions of Section 19.12.400, Setbacks Clarifications and Exceptions. 5. Setbacks by Lot Line. In this PCF zoning district, all existing setbacks located on the park site shall be considered lawful conforming setbacks. Any new structure shall be developed in conformance with the following requirements: a. Building Setbacks. 1. Street Setback. The minimum required building setback from a "street lot line" [SR] shall be calculated as follows: Street setback (StS) in linear feet shall equal the area of a zoning lot (ZLA) in square feet minus 20,000 square feet; the difference times .000019428; the product plus 25 linear feet. Minimum street setback can be expressed by the following formula: StS = [(ZLA 20,000) x .000019428] + 25. 2. Interior Setback. The minimum required building setback from an "interior lot line" [SR] shall be calculated as follows: Interior setback (IS) in linear feet shall equal the area of a zoning lot (ZLA) in square feet minus 20,000 square feet; the difference times .000015542; the product plus five linear feet. Minimum interior setback can be expressed by the following formula: IS = [(ZLA 20,000) x .000015542] + 5. 3. Transition Setback. The minimum required building setback from a "transition lot line" [SR] shall be calculated as follows: Transition setback (TS) in linear feet shall equal the area of a zoning lot (ZLA) in square feet minus 20,000 square feet; the difference times .000038856; the product plus 50 linear feet. Minimum transition setback can be expressed by the following formula: TS = [(ZLA 20,000) x .000038856] + 50. b. Vehicle Use Area Setbacks. VOLUME LXXII AUGUST 8, 2007 606 1. Street Setback. For zoning lots with a "vehicle use area" [SR], the minimum required vehicle use area setback from a street lot line shall be calculated as follows: Vehicle use area street setback (VUAStS) in linear feet shall equal the area of a zoning lot (ZLA) in square feet minus 20,000 square feet; the difference times .000013211; the product plus eight linear feet. Minimum vehicle use area setback can be expressed by the following formula: VUAStS = [(ZLA 20,000) x .000013211] + 8. 2. Interior Setback. For zoning lots with a vehicle use area, the minimum required vehicle use area setback from an interior lot line shall be six linear feet. 6. Accessory Structures and Buildings. In this PCF zoning district, "accessory structures and buildings" [SR] shall be subject to the provisions of Section 19.12.500, Accessory Structures and Buildings. 7. Yards - Generally. In this PCF zoning district, a "street yard" [SR], a "side yard" [SR], or a "rear yard" [SR] or a "transition landscape yard" [SR] established by a required building setback or by the actual location of a building shall be subject to the provisions of Section 19.12.600, Obstructions in Yards. 8. Landscape Yards. In this PCF zoning district, landscape yards shall be as follows: a. Transition Landscape Yards. A "transition landscape yard" [SR] shall be provided adjoining the entire length of a transition lot line. Transition landscape yards shall be subject to the provisions of Section 19.12.700, Landscaping. The depth of the transition landscape yard shall be one half of the required transition setback calculated in Section 19.30.135, E., c. Transition Setback. b. Vehicle Use Area Landscape Yards. The yards established by vehicle use area setbacks from a street lot line and from an interior lot line shall be used as "vehicle use area landscape yards" [SR] with the exception of access driveways as provided in Section 19.45.100, Access Driveways to a Public Right of Way and Section 19.45.110, Size of Driveways. Vehicle use area landscape yards shall be subject to the provisions of Section 19.12.700, Landscaping. c. Interior Landscape Yards. "Interior landscape yards" [SR] shall be installed on a zoning lot featuring a "vehicle use area" [SR], AUGUST 8, 2007 VOLUME LXXII 607 which exceeds 5,000 square feet in area, subject to the provisions of Section 19.12.700, Landscaping. 9. Floor Area. In this PCF zoning district, the maximum "floor area" [SR] for a zoning lot shall be calculated as follows: Floor area (FA) in square feet shall equal the area of a zoning lot (ZLA) in square feet minus 20,000 square feet; the difference times .4985; the product plus 12,000 square feet. Maximum floor area can be expressed by the following formula: FA = [(ZLA 20,000) x .4985] + 12,000. 10. Building Coverage. In this PCF zoning district, the maximum "building coverage" (SR) for a zoning lot shall be calculated as follows: Building coverage (BC) in square feet shall equal the area of a zoning lot (ZLA) in square feet minus 20,000 square feet; the difference times .4016; the product plus 6,000 square feet. Maximum building coverage can be expressed by the following formula: BC = [(ZLA 20,000) x .4016] + 6,000. 11. Landscaping. In this PCF zoning district, landscaping shall be installed in substantial conformance with the Preliminary Landscape Plan (Sheets 1-3) prepared by George Kay and Associates and Land Vision, Inc., dated February 7, 2005. 12. Supplementary Conditions. In this PCF zoning district, the use and development of land and structures shall also be subject to the following conditions: g. Substantial conformance with the following building elevations and floor plans, preliminary plat, and engineering plans: 6. Overall Site Plan Exhibit, prepared by JAS Associates, Inc., last revised March 18, 2005. 7. Preliminary Plat and Preliminary Engineering (Sheets 1-4), prepared by JAS Associates, Inc., last revised March 17, 2005. 8. Preliminary Tree Preservation Plan, prepared by Urban Forest Management, Inc., dated June 20, 2005. 9. Landscape Plan and Entry Sign Elevation, prepared by Trinity Landscape, last revised April 5, 2005. h. Conformance with all applicable codes and ordinances. H. Off-street Parking. In this PCF zoning district, off street parking shall be subject to the provisions of Chapter 19.45, Off-street Parking, of the Elgin Municipal Code, 1976, as amended. VOLUME LXXII AUGUST 8, 2007 608 I. Off-street Loading. In this PCF zoning district, off-street loading shall be subject to the provisions of Chapter 19.47, Off-street Loading of the Elgin Municipal Code, 1976, as amended. J. Signs. In this PCF zoning district, signs shall be subject to the provisions of Chapter 19.50, Signs of the Elgin Municipal Code, 1976, as amended. The maximum surface area of a “Development Sign” [SR] shall be 84 square feet. K. Amendments. In this PCF zoning district, application for text and map amendments shall be subject to the provisions of Chapter 19.55, Amendments. A text and map amendment may be requested by an individual lot or property owner for a zoning lot without necessitating that all other property owners in this PCF zoning district authorize such an application. L. Planned Developments. In this PCF zoning district, the use and development of the land and structures shall be subject to the provisions of Chapter 19.60, Planned Developments of the Elgin Municipal Code, 1976, as amended. A conditional use for a planned development may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PCF zoning district and without necessitating that all other property owners in this PCF zoning district authorize such an application. M. Conditional Uses. In this PCF zoning district, the use and development of the land and structures shall be subject to the provisions of Chapter 19.65 Conditional Uses, of the Elgin Municipal Code, 1976, as amended. A conditional use may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PCF zoning district and without necessitating that all other property owners in this PCF zoning district authorize such an application. N. Variations In this PCF zoning district, the use and development of the land and structures shall be subject to the provisions of Chapter 19.70, Variations of the Elgin Municipal Code, 1976, as amended. A variation may be requested by an individual property owner for a zoning lot without requiring an amendment to this PCF zoning district and without necessitating that all other property owners in this PCF zoning district authorize such an application. O. Subdivisions – Generally. The subdivision of the subject property and development thereof shall comply with the subdivision regulations of the city, as amended, and the Plat Act of the State of Illinois. Prior to building permit issuance, for each building or structure proposed to be built within the planned development, a soils suitability and bearing capacity test shall be performed as required by the City Engineer and the Development Administrator. P. Buildings – Required Improvements. In addition to those building improvements required by Title 16 of the Elgin Municipal Code, the following building improvements shall also be required: AUGUST 8, 2007 VOLUME LXXII 609 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: August 8, 2007 Passed: August 8, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: August 9, 2007 Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 07-203 ADOPTED APPROVING PRELIMINARY PLAT FOR TRINITY CHASE SUBDIVISION Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 07-203 RESOLUTION APPROVING PRELIMINARY PLAT FOR TRINITY CHASE SUBDIVISION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the preliminary plat prepared by JAS Associates, Inc. dated last revised March 17, 2005 for Trinity Chase Subdivision. The approval granted by this resolution is tentative in nature, involving the general acceptability of the layout as submitted, and shall not qualify the plat for recording. Application for final approval shall be made not later than one year after the date of this resolution and must be supported by such drawings, specifications and VOLUME LXXII AUGUST 8, 2007 610 monetary assurance as may be necessary to demonstrate compliance with applicable statutes and ordinances. s/ Ed Schock Ed Schock, Mayor Presented: August 8, 2007 Adopted: August 8, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 07-204 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE COOK COUNTY ASSESSOR’S OFFICE FOR ACCESS TO GEOGRAPHIC INFORMATION SYSTEM Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 07-204 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE COOK COUNTY ASSESSOR’S OFFICE FOR ACCESS TO GEOGRAPHIC INFORMATION SYSTEM WHEREAS, the Cook County Assessor’s Office (the “CCAO”) has a geographic information system (“GIS”) database that it is willing to make available to the City of Elgin at no cost; and WHEREAS, GIS data-sharing with the CCAO will allow the City to access GIS and other data from the CCAO, and facilitate the City’s decision-making with respect to land within its jurisdiction; and WHEREAS, the City and the CCAO are authorized to enter into this Agreement pursuant to Article VII, Section 10 of the Illinois Constitution of 1970, the Illinois Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq., and the City’s authority as an Illinois home rule municipality. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Jeffrey Massey, MIS Director, is hereby authorized and directed to execute an agreement on behalf of the City of Elgin with the Cook County Assessor’s Office to AUGUST 8, 2007 VOLUME LXXII 611 allow the City to access the Cook County Assessor’s Office’s GIS database and other data, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: August 8, 2007 Adopted: August 8, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 07-205 ADOPTED AUTHORIZING EXECUTION OF A REAL ESTATE SALES CONTRACT FOR THE PURCHASE OF 918 DUNDEE AVENUE Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 07-205 RESOLUTION AUTHORIZING EXECUTION OF A REAL ESTATE SALES CONTRACT FOR THE PURCHASE OF 918 DUNDEE AVENUE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute a real estate sales contract on behalf of the City of Elgin, for the purchase of the premises commonly known as 918 Dundee Avenue, Elgin, Illinois for $290,000, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor VOLUME LXXII AUGUST 8, 2007 612 Presented: August 8, 2007 Adopted: August 8, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to place the following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Hotel/Motel Tax Report June 2007 Local Sales Tax Report April 2007 Sales Tax Report April 2007 State Income Tax Report June 2007 State Use Tax Report April 2007 Centre Advisory Board Meeting Minutes for June 14, 2007 Emergency Telephone System Board Minutes June 21, 2007 Parks and Recreation Advisory Board Minutes for May 29, 2007 Veterans Memorial Park Committee Minutes for June 20, 2007 Committee of the Whole Minutes for July 11, 2007 City Council Minutes for July 11, 2007 ANNOUNCEMENTS Mayor Schock made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to adjourn the meeting. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. The meeting adjourned at 7:34 p.m. s/Diane Robertson August 22, 2007 Diane Robertson, City Clerk Date Approved