HomeMy WebLinkAboutb - January 23, 2008 CC19
VOLUME LXXIII JANUARY 23, 2008
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 January 23, 2008,
in the Council Chambers. The meeting was called to order by Mayor Schock at 7:55 p.m. The
Invocation was given by Ms. Ina Dews and the Pledge of Allegiance was led by Councilmember
Michael Powers.
ROLL CALL
Roll call was answered by Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen,
Walters and Mayor Schock. Absent: None.
MINUTES OF THE JANUARY 9, 2008, COUNCIL MEETING APPROVED AS
DISTRIBUTED
Councilmember Walters made a motion, seconded by Councilmember Steffen, to approve the
January 9, 2008, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas:
Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock.
Nays: None.
COMMUNICATIONS
Wear Red Day for Women Proclamation
Mayor Schock read the above proclamation. Tina Link and Jill League of Sherman Hospital
presented the Mayor with a red tie.
RECOGNIZE PERSONS PRESENT
Karen Hassman and other representatives from Downtown Neighborhood Association
recognized the various winners of the Winter Wonderland contest.
Dr. David McLaughlin expressed his support regarding the possible relocation of Dr. Denise
Lindley to the Randall Road/I-90 area.
Chief Lisa Womack and Karen Flanagan of the Elgin Police Department and members of the
CERT program accepted a donation from representatives of the American Legion.
JANUARY 23, 2008 VOLUME LXXIII
20
Carol Ronan expressed her support of Dr. Denise Lindley and her possible relocation to the
Randall Road/I-90 area.
Diretha Postlewaite expressed her opposition to the naming of a street in honor of the late Dr.
Martin Luther King Jr. due to racial tension, attitude, and problems in the City.
Challan Rodriguez expressed her support of Dr. Denise Lindley and her possible relocation to
the Randall Road/I-90 area.
Hidayat and Brenda Khan, representing the West Suburban Community Organization, expressed
their appreciation to the City for outstanding service to the community. Mayor Schock also
thanked them for all that they have done for the City.
BID 07-053A AWARDED TO RACK’EM UP DISTRIBUTING FOR THE
CONSTRUCTION OF THE VEHICLE FLUIDS SYSTEM FOR FIRE STATION 7
Councilmember Figueroa made a motion, seconded by Councilmember Gilliam, to approve the
final bid to Rack’em Up Distributing in the amount of $120,570 for the construction of the
vehicle fluids system for Fire Station 7. Upon a roll call vote: Yeas: Councilmembers Figueroa,
Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None.
BID 07-120 AWARDED TO ALASHER LANDSCAPING FOR CONTRACTUAL
GROUNDS MAINTENANCE FOR THE LAND MANAGEMENT DIVISION OF
PUBLIC WORKS DEPARTMENT AND THE FIRE DEPARTMENT
Councilmember Walters made a motion, seconded by Councilmember Kaptain, to award a
contract to Alasher Landscaping in the amount of $121,415 for contractual grounds maintenance
for the Land Management Division of the Public Works Department and the Fire Department.
Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen,
Walters, and Mayor Schock. Nays: None.
BID 07-130 AWARDED TO RON BAKER PAINTING FOR PART (A) OF THE 2007-
2008 LIGHT POLE PAINTING PROJECT
Councilmember Walters made a motion, seconded by Councilmember Figueroa, to remove
Bid 07-130 from the table for consideration. Upon a roll call vote: Yeas: Councilmembers
Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None.
Councilmember Figueroa made a motion, seconded by Councilmember Walters, to award a
contract to Ron Baker Painting in the amount of $39,442 for Part (A) of the 2007-2008 Light
Pole Painting Project. Upon a roll call vote: Yeas: Councilmembers Gilliam, Kaptain,
Powers, Walters, and Mayor Schock. Nays: Councilmember Figueroa and Councilmember
Steffen.
VOLUME LXXIII JANUARY 23, 2008
21
BID 07-133 AWARDED TO TEAM REIL, INC. FOR PHASE 2 OF CONSTRUCTION
SERVICES AT THE ELGIN SHORES FOREST PRESERVE TO INCLUDE THE
INSTALLATION OF A PLAYGROUND, PICNIC SHELTER, BATTING CAGES, AND
A FISHING PIER
Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to award a
contract to Team Reil, Inc. in the amount of $127,675.40 for construction services at the Elgin
Shores Forest Preserve to include the installation of a playground, picnic shelter, batting cages,
and a fishing pier. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain,
Powers, Steffen, Walters, and Mayor Schock. Nays: None.
BID 07-137 AWARDED TO NICOMM L.L.C. FOR THE PURCHASE AND
INSTALLATION OF A PUBLIC ADDRESS SPEAKER SYSTEM FOR FIRE STATION
7
Councilmember Walters made a motion, seconded by Councilmember Figueroa, to award a
contract to Nicomm L.L.C. in the amount of $18,080.35 for the purchase and installation of a
public address speaker system for Fire Station 7. Upon a roll call vote: Yeas: Councilmembers
Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None.
CONTRACT AWARDED TO REINDERS, INC. FOR THE PURCHASE OF A TORO
GROUNDS MASTER 4000-D MOWER FOR THE PUBLIC WORKS DEPARTMENT
THROUGH THE STATE OF ILLINOIS JOINT PURCHASING PROGRAM
Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to award a
contract to Reinders, Inc. for the purchase of one Toro 4000-D large area mower in the amount
of $37,087.01 through the State of Illinois Joint Purchasing Program. Upon a roll call vote:
Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor
Schock. Nays: None.
PUBLIC HEARING REGARDING A SECOND AMENDMENT TO AN ANNEXATION
AGREEMENT, AND AMENDMENTS TO THE PLANNED DISTRICT ORDINANCES
TO AMEND THE PRELIMINARY PLAN FOR PINGREE CREEK SUBDIVISION, AND
REQUESTING FINAL PLAT APPROVAL FOR PINGREE CREEK SUBDIVISION
UNIT 1; PROPERTY LOCATED AT 1300 AND 1301 U.S. ROUTE 20; BY PINGREE
CREEK, LLC, AS APPLICANT AND OWNER (PETITION 28-07)
Mayor Schock declared the public hearing open.
Community Development Director Deering stated the most significant changes are to the
design and jurisdiction of Damisch Road and the dwelling mix and number being proposed
JANUARY 23, 2008 VOLUME LXXIII
22
for the project. The Planning and Development Commission has recommended approval of
this petition subject to conditions. Mr. Bob Skidmore of Shodeen gave a presentation on
what has already been done to date. He indicated that the proposed changes included
reducing the number of lots from 448 to 381; changes to Damisch Road and Highland
Avenue, removal of the District 301 school site, and the addition of a pool and recreation
center. Councilmember Kaptain asked if the arterial routes will ever need to be widened.
Mr. Deering said that his department believes that the right of way that has been secured and
the pavement design will be adequate and that the bike path could be eliminated at a future
date, if necessary. David Patzel of Shodeen stated that the company had done a traffic study
and they believed Reinking Road would be the primary thoroughfare. Councilmember
Kaptain stated he would like to see innovative ways to move pedestrians. Mayor Schock
stated he liked the changes that were being proposed.
Mayor Schock declared the public hearing closed.
PETITION 28-07 APPROVED REQUESTING A SECOND AMENDMENT TO AN
ANNEXATION AGREEMENT, AND AMENDMENTS TO THE PLANNED DISTRICT
ORDINANCES TO AMEND THE PRELIMINARY PLAN FOR PINGREE CREEK
SUBDIVISION, AND REQUESTING FINAL PLAT APPROVAL FOR PINGREE
CREEK SUBDIVISION UNIT 1; PROPERTY LOCATED AT 1300 AND 1301 U.S.
ROUTE 20, BY PINGREE CREEK LLC, AS APPLICANT AND OWNER
Community Development Director Deering stated he had no additional comments.
Councilmember Figueroa made a motion, seconded by Councilmember Gilliam, to approve
Petition 28-07 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Figueroa,
Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None.
RESOLUTION 08-13 ADOPTED ACCEPTING THE PROPOSAL OF BLUE CROSS
BLUE SHIELD OF ILLINOIS FOR THE CITY OF ELGIN’S HMO AND PPO
MEDICAL INSURANCE PROGRAM AND AUTHORIZING THE EXECUTION OF
DOCUMENTS RELATED THERETO
Councilmember 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. 08-13
RESOLUTION
ACCEPTING THE PROPOSAL OF BLUE CROSS BLUE SHIELD OF ILLINOIS
FOR THE CITY OF ELGIN’S HMO AND PPO MEDICAL INSURANCE PROGRAM
AND AUTHORIZING THE EXECUTION OF DOCUMENTS RELATED THERETO
VOLUME LXXIII JANUARY 23, 2008
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BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that the City of Elgin hereby accepts the proposal of Blue Cross Blue Shield of Illinois for the
City of Elgin’s HMO and PPO medical insurance program for the period of February 29, 2008
through March 1, 2009.
BE IT FURTHER RESOLVED that Olufemi Folarin, City Manager, be and is hereby
authorized and directed to execute all documents necessary and incident to such proposal of
Blue Cross Blue Shield of Illinois for the City of Elgin’s HMO and PPO medical insurance
program.
s/ Ed Schock
Ed Schock, Mayor
Presented: January 23, 2008
Adopted: January 23, 2008
Vote: Yeas: 7 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
AUTHORIZATION OF PAYMENTS TO VARIOUS VENDORS
Councilmember Kaptain 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
Sherman Hospital EMS
Elgin, IL
$13,800.00 Continuing Education Program for Fire
Department
CONSENT AGENDA ITEMS 2, 3, AND 4 REMOVED FROM THE TABLE FOR
CONSIDERATION
Councilmember Walters made a motion, seconded by Councilmember Gilliam, to remove
Consent Items 2, 3, and 4 from the table for consideration. Upon a roll call vote: Yeas:
Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock.
Nays: None.
CONSENT AGENDA
JANUARY 23, 2008 VOLUME LXXIII
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By unanimous consent, to pass Ordinance Nos. G1-08 through G3-08, G6-08 through G12-08,
S1-08, and S2-08 and adopt Resolution Nos. 08-10 through 08-13 by omnibus vote. Upon a roll
call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and
Mayor Schock. Nays: None.
ORDINANCE S1-08 PASSED ANNEXING CERTAIN TERRITORY TO THE CITY OF
ELGIN (TALL OAKS SUBDIVISION UNIT 4, 101 RUSSELL 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.
Ordinance No. S1-08
AN ORDINANCE
ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN
(Tall Oaks Subdivision-Unit 4–101 Russell Road)
WHEREAS, a petition signed by all the owners of record of certain territory has been
filed with the City Clerk requesting annexation of said territory to the City of Elgin, Illinois; and
WHEREAS, said petition includes therein a statement under oath by all the owners of
record that no electors reside on the subject territory; and
WHEREAS, said territory is contiguous to the City of Elgin and is not within the
corporate limits of any municipality; and
WHEREAS, legal notices of the intent of the City of Elgin to annex said territory have
been forwarded to all public bodies required to receive said notice in the manner provided by
law.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1. That the territory and lands described as follows be and are annexed to and
made a part of the City of Elgin and the boundaries of the City of Elgin be and are hereby
enlarged and extended to include in the corporate boundaries of the City of Elgin said territory:
Part of the Northeast Quarter of Section 13, Township 41 North, Range 7, East of
the Third Principal Meridian, in Plato Township, Kane County, Illinois, described
as follows:
Commencing at the Northeast corner of the Northeast Quarter of said Section:
Thence South along the East line of said Northeast Quarter, 550.35 feet to a point
which is 773.00 feet North of the Southeast corner of the Northeast Quarter of
VOLUME LXXIII JANUARY 23, 2008
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said Northeast Quarter for the point of beginning: thence South along the East line
of said Northeast Quarter 270.00 feet; thence South 89 17’32” West, 852.98 feet
along the South line to a point which is 533.00 feet Easterly of (measured along
the last described line extended) the center line of Russell Road (previously
known as Plato-Udina Highway); thence North 00 45’26” West, parallel with said
center line, 270.09 feet to a line 270.00 feet normally distant from the South line
as previously described; thence North 89 17’32” East, parallel with said South
line, 847.15 feet to the point of beginning; (containing 5,269 acres more or less).
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: January 23, 2008
Passed: January 23, 2008
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: January 24, 2008
Published:
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
ORDINANCE G1-08 PASSED AMENDING ORDINANCE NO. G14-04 CLASSIFYING
NEWLY ANNEXED TERRITORY IN THE PSFR2 PLANNED SINGLE FAMILY
RESIDENCE DISTRICT (TALL OAKS SUBDIVISION–101 RUSSELL 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.
Ordinance No. G1-08
AN ORDINANCE
AMENDING ORDINANCE NO. G14-04
CLASSIFYING NEWLY ANNEXED TERRITORY IN THE
PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT
JANUARY 23, 2008 VOLUME LXXIII
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(Tall Oaks Subdivision - 101 Russell Road)
WHEREAS, the territory herein described has been annexed to the City of Elgin; and
WHEREAS, written application has been made to classify said territory in the PSFR2
Planned Single Family Residence District; and
WHEREAS, after due notice in the manner provided by law the Planning and
Development Commission conducted a public hearing concerning said application and has
submitted its written findings and recommendations; and
WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and
recommendations of the Planning and Development Commission.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS that Ordinance G14-04 adopted by the City Council on February 25,
2004, be and is hereby amended in its entirety to read as follows:
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 LandVision, dated July 27,
2007, designated in the PSFR2 Single Family Residence District.”
Section 2. That the development of this PSFR2 Planned Single Family Residence
District as described in Section 1 shall be developed subject to the following provisions:
A. Purpose and Intent. The purpose and intent of this PSFR2 zoning district is to
provide a planned urban residential environment of standardized moderate density
for single family detached dwellings, subject to the provisions of Chapter 19.60
Planned Developments of the Elgin Municipal Code, 1976, as amended. The
PSFR2 District is most similar to, but departs from the standard requirements of
the SFR2 Single Family Residential District.
B. Supplementary Regulations. Any word or phrase contained herein, followed by
the symbol “[SR]”, shall be subject to the definitions and the additional
interpretive requirements provided in Chapter 19.90, Supplementary Regulations,
of the Elgin Municipal Code, 1976, as amended. The exclusion of such symbol
shall not exempt such word or phrase from the applicable supplementary
regulation.
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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, Street
Graphics, of the Elgin Zoning Ordinance.
15. “Temporary uses” [SR] (UNCL).
16. “Accessory structures” [SR] (UNCL) to the permitted uses allowed in this
PSFR2 Planned Single Family Residence District, subject to the
provisions of Section 19.12.500, Accessory Structures and Buildings, of
the Elgin Zoning Ordinance.
JANUARY 23, 2008 VOLUME LXXIII
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17. “Accessory uses” [SR] (UNCL) to the permitted uses allowed in this
PSFR2 Planned Single Family Residence District, subject to the
provisions of Section 19.20.400, Component Land Uses, of the Elgin
Zoning Ordinance.
In this PSFR2 zoning district, the use of land and structures shall be subject to the
provisions of Chapter 19.10, Land Use, of the Elgin Municipal Code, 1976, as
amended. The following enumerated “land uses” [SR] shall be the only land uses
allowed as a “conditional use” [SR] in this PSFR2 zoning district:
Residences Division.
1. “Conditional residential occupations” [SR] (UNCL).
Municipal Services Division.
2. “Municipal facilities” [SR] (UNCL) on a zoning lot containing less than
two acres of land.
Transportation, Communication, and Utilities Division.
3. “Amateur radio antennas” [SR] (UNCL).
4. “Commercial antennas and antenna structures mounted on existing
structures” [SR] (UNCL).
5. “Commercial antenna tower” [SR] (UNCL).
6. “Other radio and television antennas” [SR] (UNCL).
7. “Other satellite dish antennas” [SR] (UNCL).
8. “Pipelines, except natural gas” (461).
9. “Railroad tracks” (401).
10. “Treatment, transmission and distribution facilities: equipment, equipment
buildings, towers, exchanges, substations, regulators” [SR] (UNCL).
Miscellaneous Uses Division.
11. “Planned developments” [SR] (UNCL) on a zoning lot containing less
than two acres of land, subject to the provisions of Chapter 19.60, Planned
Developments, of the Elgin Zoning Ordinance.
12. “Accessory structures” [SR] (UNCL) to the conditional uses allowed in
this PSFR2 Planned Single Family Residence District, subject to the
provisions of Chapter 19.12.500, Accessory structures and Buildings.
13. “Accessory uses” [SR] (UNCL) to the conditional uses allowed in this
PSFR2 Single Family Residence District, subject to the provisions of
Section 19.10. 400, Component Land Uses.
G. Site Design. In this PSFR2 zoning district, the use and development of land and
structures shall be subject to the provisions of Chapter 19.12, Site Design, of the
Elgin Zoning Ordinance. In this PSFR2 zoning district, the site design regulations
shall be as follows:
1. Zoning Lots - Generally. In this PSFR2 zoning district, "zoning lots"
[SR] shall be subject to the provisions of Section 19.12.300, Zoning Lots -
Clarifications and Exceptions, of the Elgin Zoning Ordinance.
2. Lot Area. In this PSFR2 zoning district, the minimum required "zoning
lot area" [SR] shall be 10,000 square feet per dwelling unit. The minimum
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required lot area for a zoning lot shall be 12,000 square feet for all
“through lots” [SR] and for all “corner lots” [SR].
3. Lot Width. The minimum required "lot width" [SR] for a zoning lot shall
be seventy-five (75) linear feet. The minimum required “lot width” [SR]
for a zoning lot shall be ninety (90) linear feet for “corner lots” [SR].
4. Setbacks - Generally. In this PSFR2 zoning district, "setbacks" [SR]
shall be subject to the provisions of the Elgin Zoning Ordinance, Section
19.12.400, Setbacks - Clarifications and Exceptions.
5. Setbacks by Lot Line. In this PSFR2 zoning district, the minimum
required "building" [SR] "setbacks" [SR] for a zoning lot shall be as
follows:
a. Arterial Street Buffer Yard Setback. Where a zoning lot adjoins a
buffer yard with frontage on US Route 20, the minimum required
setback for a building from the buffer yard shall be fifty (50) linear
feet.
b. Boulevard Collector Street Setback. Where a zoning lot located
along an east/west boulevard collector street adjoins a buffer yard,
the minimum required setback for a building from the buffer yard
lot line shall be ten (10) linear feet.
c. Local Street Setback. Where a zoning lot has frontage on a local
street, the minimum required setback for a building from a street
lot line shall be twenty-five (25) linear feet.
d. Interior Setback. The minimum required building setback from an
“interior lot line” [SR] shall be ten (10) linear feet.
e. Rear Setback. The minimum required building setback from a
“rear lot line” [SR] shall be thirty (30) linear feet.
6. Accessory Structures and Buildings. In this PSFR2 zoning district,
"accessory structures and buildings" [SR] shall be subject to the provisions
of Section 19.12.500, Accessory Structures and Buildings, of the Elgin
Zoning Ordinance.
7. Yards. In this PSFR2 zoning district, a "street yard" [SR], a "side yard"
[SR], or a "rear yard" [SR] established by a required building setback or
by the actual location of a building shall be subject to the provisions of
Section 19.12.600, Obstructions in Yards, of the Elgin Zoning Ordinance.
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%).
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.
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12. Landscaping. In this PSFR2 zoning district, each zoning lot shall be
developed in substantial conformance to the landscape plans prepared by
Gary R. Weber Associates, Inc., with a final revision date of February 12,
2004.
13. Supplementary Regulations. In this PSFR2 zoning district, the use and
development of land and structures shall also be subject to the following
conditions:
a. Substantial conformance to the Preliminary Plat, prepared by Land
Vision, Inc., and dated March 26, 2007.
b. Substantial conformance to the Preliminary Grading and Drainage
Plans, encompassing the Preliminary Sanitary & Water Main Plan,
prepared by Jacob & Heffner Associates, Inc., and dated
February 13, 2003.
c. Substantial conformance to the Preliminary Landscape Plan,
prepared by Gary R. Weber Associates, Inc., and dated
November 13, 2002, with revision dates of June 3, 2003,
November 10, 2003, and February 12, 2004.
d. Substantial conformance to the Declaration of Covenants and
Restrictions, prepared by Richard M. Guerard, dated November 25,
2005 and recorded November 28, 2005, as Document Number
2005K141808.
H. Architectural Design. In this PSFR2 zoning district, the use and design of land
and structures shall be subject to conformance to the architectural standard
identified within the Declaration of Covenants and Restrictions, to be recorded for
the subject property, prepared by Richard M. Guerard. Additionally, all dwellings
shall conform with the garage design guidelines contained within the Far West
Area Development and Design Guidelines.
I. 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.
J. 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.
K. Signs. In this PSFR2 zoning district, signs shall be subject to the provisions of
Chapter 19.50, Street Graphics, of the Elgin Municipal Code, 1976, as amended.
The development sign shall be developed in conformance with the Landscape
Plans, prepared by Gary R. Weber Associates, Inc., with a final revision date of
February 12, 2004.
L. 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
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for a zoning lot without necessitating that all other property owners in this PSFR2
zoning district authorize such an application.
M. 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.
N. 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.
O. Variations. Any of the requirements of this ordinance may be varied by petition
of a lot or property owner subject to this Ordinance, however, such variation is
subject to the provisions of Section 19.70, Variations, of the Elgin Municipal
Code, as may be amended. A variation may be requested by an individual
property owner for a zoning lot without requiring an amendment to this PSFR2
zoning district and without necessitating that all other property owners in this
PSFR2 zoning district authorize such an application.
P. 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.
Q. 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.
R. 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.
JANUARY 23, 2008 VOLUME LXXIII
32
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: January 23, 2008
Passed: January 23, 2008
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: January 24, 2008
Published:
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
ORDINANCE G2-08 PASSED AMENDING ORDINANCE NO. G14-04 CLASSIFYING
NEWLY ANNEXED TERRITORY IN THE PCF PLANNED COMMUNITY FACILITY
RESIDENCE DISTRICT (TALL OAKS SUBDIVISION–101 RUSSELL 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.
Ordinance No. G2-08
AN ORDINANCE
AMENDING ORDINANCE NO. G15-04
CLASSIFYING NEWLY ANNEXED TERRITORY IN THE
PCF PLANNED COMMUNITY FACILITY DISTRICT
(Tall Oaks Subdivision – 101 Russell Road)
WHEREAS, the territory herein described has been annexed to the City of Elgin; and
WHEREAS, written application has been made to classify said territory to a 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 LXXIII JANUARY 23, 2008
33
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 that Ordinance G15-04 adopted by the City Council on February 25,
2004, be and is hereby amended in its entirety to read as follows:
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 PCF Planned Community
Facility District, the following described property:
Those areas on the attached zoning plat, prepared by LandVision, dated July 27,
2007, 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 a not for profit basis. The PCF District is most
similar to, but departs from the standard requirements of the CF Community
Facility 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 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.
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.
JANUARY 23, 2008 VOLUME LXXIII
34
E. Location and Size of District. This PCF zoning district should be located in
substantial conformance to the official comprehensive plan. The amount of land
necessary to constitute a separate PCF zoning district exclusive of rights-of-way,
but including adjoining land or land directly opposite a right of way shall not be
less than two acres.
F. Land Use. In this PCF zoning district, the use of land and structures shall be
subject to the provisions of Chapter 19.10, Land Use, of the Elgin Municipal
Code, 1976, as amended. The following enumerated “land uses” [SR] shall be the
only land uses allowed as a “permitted use” [SR] in this PCF zoning district:
Municipal Services Division.
1. “Municipal Facilities” [SR] (UNCL).
2. “Public parks, recreation, and open space” [SR] (UNCL).
Public Administration Division.
3. Justice, public order, and safety.
Services Division.
4. Public Libraries (823).
Construction Division.
5. “Contractors office and equipment areas” [SR] (UNCL).
Transportation, Communication, and Utilities Division.
6. Radio and television antennas” [SR] (UNCL).
7. “Satellite dish antennas” [SR] (UNCL).
8. “Treatment, transmission, and distribution facilities: poles, wires, cables,
conduits, laterals, vaults, pipes, mains, and valves” [SR] (UNCL).
Miscellaneous Uses Division.
9. “Fences and walls” [SR] (UNCL).
10. “Signs” [SR] (UNCL), subject to the provisions of Chapter 19.50, Street
Graphics.
11. “Temporary uses” [SR] (UNCL).
12. “Parking lots” [SR] (UNCL), exclusively “accessory” [SR] to a use
allowed in the zoning district, subject to the provisions of Chapter 19.47,
Off-street Parking.
13. “Accessory structures” [SR] (UNCL) to the permitted uses allowed in this
PCF Planned Community Facility District, subject to the provisions of
Section 19.12.500, Accessory Structures and Buildings.
14. “Accessory uses” [SR] (UNCL) to the permitted uses allowed in this PCF
Planned Community Facility District, subject to the provisions of Section
19.20.400, Component Land Uses.
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 “conditional use” [SR] in this PCF zoning district:
Transportation, Communication, and Utilities Division.
VOLUME LXXIII JANUARY 23, 2008
35
1. “Commercial antennas and antenna structures mounted on existing
structures” [SR] (UNCL).
2. “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. “Railroad tracks” (401).
7. “Treatment, transmission and distribution facilities: equipment, equipment
buildings, towers, exchanges, substations, regulators” [SR] (UNCL).
Miscellaneous Uses Division.
8. “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.
9. “Accessory structures” [SR] (UNCL) to the conditional uses allowed in
this PCF Planned Community Facility District, subject to the provisions of
Chapter 19.12.500, Accessory structures and Buildings.
10. “Accessory uses” [SR] (UNCL) to the conditional uses allowed in this
PCF Community Facility District, subject to the provisions of Section
19.10. 400, Component Land Uses.
G. Site Design. In this PCF zoning district, the use and development of land and
structures shall be subject to the provisions of Chapter 19.12, Site Design, of the
Elgin Zoning Ordinance. In this PCF zoning district, the use and development of
land and structures shall be subject to the provisions of Chapter 19.30.135, Site
Design (CF Community Facility District), of the Elgin Zoning Ordinance. In this
PCF zoning district, the use and development of land and structures shall also be
subject to the following conditions:
1. Substantial conformance to the Preliminary Plat, prepared by Land Vision,
Inc., dated March 26, 2007.
2. Substantial conformance to the Preliminary Grading and Drainage Plans,
encompassing the Preliminary Sanitary & Water Main Plan, prepared by
Jacob & Heffner Associates, Inc., and dated February 13, 2003.
3. Substantial conformance to the Preliminary Landscape Plan, prepared by
Gary R. Weber Associates, Inc., and dated November 13, 2002, with
revision dates of June 3, 2003, November 10, 2003, and February 12,
2004.
H. Off-street Parking. In this PCF zoning district, off street parking shall be subject
to the provisions of Chapter 19.45, Off-Street Parking, of the Elgin Municipal
Code, 1976, as amended.
I. Off-street Loading. In this PCF zoning district, off-street loading shall be
subject to the provisions of Chapter 19.47, Off-Street Loading, of the Elgin
Municipal Code, 1976, as amended.
JANUARY 23, 2008 VOLUME LXXIII
36
J. Signs. In this PCF zoning district, signs shall be subject to the provisions of
Chapter 19.50, Street Graphics, of the Elgin Municipal Code, 1976, as amended.
K. Amendments. In this PCF zoning district, application for text and map
amendments shall be subject to the provisions of Chapter 19.55, Amendments. A
text amendment and map amendment may be requested by an individual lot or
property owner for a zoning lot without necessitating that all other property
owners in this PCF zoning district authorize such an application.
L. Planned Developments. In this PCF zoning district, the use and development of
the land and structures shall be subject to the provisions of Chapter 19.60,
Planned Developments, of the Elgin Municipal Code, 1976, as amended. A
conditional use for a planned development may be requested by an individual lot
or property owner for a zoning lot without requiring an amendment to this PCF
zoning district and without necessitating that all other property owners in this PCF
zoning district authorize such an application.
M. Conditional Uses. In this PCF zoning district, application for conditional uses
shall be subject to the provisions of Chapter 19.65 Conditional Uses, of the Elgin
Municipal Code, 1976, as amended. A conditional use may be requested by an
individual lot or property owner for a zoning lot without requiring an amendment
to this PCF zoning district and without necessitating that all other property owners
in this PCF zoning district authorize such an application.
N. Variations. In this PCF zoning district, application for variation shall be subject
to the provisions of Chapter 19.70, Variations, of the Elgin Municipal Code,
1976, as amended. Any of the requirements of this ordinance may be varied by
petition of a lot or property owner for a zoning lot without requiring an
amendment to this PCF zoning district and without necessitating that all other
property owners in this PCF zoning district authorize such an application.
O. Subdivisions – Generally. The subdivision of the subject property and
development thereof shall comply with the subdivision regulations of the city, as
amended, and the Plat Act of the State of Illinois. Prior to building permit
issuance, for each building or structure proposed to be built within the planned
development, a soils suitability and bearing capacity test shall be performed as
required by the City Engineer and the Development Administrator.
P. Buildings – Required Improvements. In addition to those building
improvements required by Title 16 of the Elgin Municipal Code, the following
building improvements shall also be required:
1. All sanitary sewer shall be overhead sewers.
VOLUME LXXIII JANUARY 23, 2008
37
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: January 23, 2008
Passed: January 23, 2008
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: January 24, 2008
Published:
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
ORDINANCE G3-08 PASSED AMENDING ORDINANCE NO. G14-04 CLASSIFYING
NEWLY ANNEXED TERRITORY IN THE PMRF PLANNED MULTIPLE FAMILY
RESIDENCE DISTRICT (TALL OAKS SUBDIVISION–101 RUSSELL 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.
Ordinance No. G3-08
AN ORDINANCE
CLASSIFYING NEWLY ANNEXED TERRITORY IN THE
PMFR PLANNED MULTIPLE FAMILY RESIDENCE DISTRICT
(Tall Oaks Subdivision – 101 Russell Road)
WHEREAS, the territory herein described has been annexed to the City of Elgin; and
JANUARY 23, 2008 VOLUME LXXIII
38
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:
“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 Land Vision, dated July 27,
2007, 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.
VOLUME LXXIII JANUARY 23, 2008
39
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:
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).
JANUARY 23, 2008 VOLUME LXXIII
40
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, Street
Graphics.
23. “Temporary uses” [SR] (UNCL).
24. “Accessory structures” [SR] (UNCL) to the permitted uses allowed in this
PMFR Planned Multiple Family Residence District, subject to the
provisions of Section 19.12.500, Accessory Structures and Buildings.
25. “Accessory uses” [SR] (UNCL) to the permitted uses allowed in this
PMFR Planned Multiple Family Residence District, subject to the
provisions of Section 19.20.400, Component Land Uses.
In this PMFR zoning district, the use of land and structures shall be subject to the
provisions of Chapter 19.10, Land Use, of the Elgin Municipal Code, 1976, as
amended. The following enumerated “land uses” [SR] shall be the only land uses
allowed as a “conditional use” [SR] in this PMFR zoning district:
Residences Division.
1. Conditional residential occupations” [SR] (UNCL).
Municipal Services Division.
2. Municipal facilities” [SR] (UNCL) on a zoning lot containing less than
two acres of land.
Transportation, Communication, and Utilities Division.
3. “Conditional commercial antennas and antenna structures mounted on
existing structures” [SR] (UNCL).
4. “Conditional commercial antenna tower” [SR] (UNCL)
5. “Other radio and television antennas” [SR] (UNCL).
6. “Other satellite dish antennas” [SR] (UNCL).
7. “Pipelines, except natural gas” (461).
8. “Treatment, transmission and distribution facilities: equipment, equipment
buildings, towers, exchanges, substations, regulators” [SR] (UNCL).
Miscellaneous Uses Division.
9. Intentionally Omitted.
10. “Parking structures” [SR] (UNCL), exclusively “accessory” [SR].
11. “Planned developments” [SR] (UNCL) on a zoning lot containing less
than two acres of land, subject to the provisions of Chapter 19.60, Planned
Developments.
12. “Accessory structures” [SR] (UNCL) to the conditional uses allowed in
this PMFR Planned Multiple Family Residence District, subject to the
provisions of Chapter 19.12.500, Accessory structures and Buildings.
13. “Accessory uses” [SR] (UNCL) to the conditional uses allowed in this
PMFR Multiple Family Residence District, subject to the provisions of
Section 19.10. 400, Component Land Uses.
VOLUME LXXIII JANUARY 23, 2008
41
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 zoning district, the use and development of land and
structures shall be subject to the provisions of Chapter 19.25.735, Site Design,
(MFR Multiple Family Residence District) of the Elgin Zoning Ordinance, with
the following departures:
Minimum Local Street Building Setback: The minimum building setback from
a local street lot line shall be 20 feet.
Minimum Local Street Vehicle Use Area Setback: The minimum vehicle use
area setback from a local street lot line shall be 16 feet.
In this PMFR zoning district, the use and development of land and structures shall
also be subject to the following conditions:
1. Substantial conformance to the Statement of Purpose and Conformance,
submitted by Wyndham Deerpoint Homes, and dated revised May 1, 2007.
2. Substantial conformance to the Preliminary Plat of the Tall Oaks, Unit 4
prepared by Land Vision, Ltd., and dated March 26, 2007.
3. Substantial conformance to the Landscape Plan, prepared by Gary R. Weber
Associates, Inc., and dated March 30, 2007.
4. Substantial conformance to the Preliminary Grading and Drainage Plan,
prepared by Jacob & Hefner Associates, P.C., and dated March 27, 2007.
5. Substantial conformance to the Preliminary Sanitary and Water Main Plan,
prepared by Jacob & Hefner Associates, P.C., and dated March 27, 2007.
6. Substantial conformance to the building elevations and floor plans prepared
for Wyndham Deerpoint by Bloodgood Sharp Buster Architects and Planners,
Inc., dated May 6, 2003.
7. Exterior building materials used on the building elevations in the townhome
addition will comply with the following requirements for building materials:
a. Street facing walls shall be entirely constructed of wood, stone, brick or
cement fiberboard (a/k/a hardyboard). All other wall surfaces shall
include a minimum of 50% wood, stone, brick or cement fiberboard (a/k/a
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, fascia, second floor peaks, gutters and downspouts.
JANUARY 23, 2008 VOLUME LXXIII
42
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 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 rear exterior walls of the structure.
H. Off-street Parking. In this PMFR zoning district, off street parking shall be
subject to the provisions of Chapter 19.45, Off-street Parking, of the Elgin
Municipal Code, 1976, as amended.
I. Off-street Loading. In this PMFR zoning district, off street loading shall be
subject to the provisions of Chapter 19.47, Off-street Loading, of the Elgin
Municipal Code, 1976, as amended.
J. Signs. In this PMFR zoning district, signs shall be subject to the provisions of
Chapter 19.50, Street Graphics, 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. Any of the requirements of this ordinance may be varied by petition
of a lot or property owner subject to this Ordinance, however, such variation is
subject to the provisions of Section 19.70, Variations, of the Elgin Municipal
Code, as may be amended. A variation may be requested by an individual
VOLUME LXXIII JANUARY 23, 2008
43
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:
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: January 23, 2008
Passed: January 23, 2008
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: January 24, 2008
Published:
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
JANUARY 23, 2008 VOLUME LXXIII
44
RESOLUTION 08-10 ADOPTED APPROVING PRELIMINARY PLAT FOR TALL
OAKS SUBDIVISION UNIT 4 (101 RUSSELL ROAD)
Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain,
Powers, Steffen, Walters, and Mayor Schock. Nays: None.
Resolution No. 08-10
RESOLUTION
APPROVING PRELIMINARY PLAT FOR TALL OAKS SUBDIVISION UNIT 4
(101 Russell Road)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that it hereby approves the preliminary plat prepared by Land Vision, Inc. dated March 26, 2007
for Tall Oaks Subdivision Unit 4. The approval granted by this resolution is tentative in nature,
involving the general acceptability of the layout as submitted, and shall not qualify the plat for
recording. Application for final approval shall be made not later than one year after the date of
this resolution and must be supported by such drawings, specifications and monetary assurance
as may be necessary to demonstrate compliance with applicable statutes and ordinances.
s/ Ed Schock
Ed Schock, Mayor
Presented: January 23, 2008
Adopted: January 23, 2008
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
ORDINANCE G6-08 PASSED GRANTING A MAP AMENDMENT FROM SFR2
SINGLE FAMILY RESIDENTIAL DISTRICT TO PAB PLANNED AREA BUSINESS
DISTRICT (SMC BUSINESS PARK, 2805 WELD 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.
Ordinance No. G6-08
AN ORDINANCE
VOLUME LXXIII JANUARY 23, 2008
45
GRANTING A MAP AMENDMENT FROM
SFR2 SINGLE FAMILY RESIDENTIAL DISTRICT TO
PAB PLANNED AREA BUSINESS DISTICT
(SMC Business Park, 2805 Weld Road)
WHEREAS, written application has been made requesting a map amendment from SFR2
Single Family Residence to PAB Planned Area Business District.
WHEREAS, the Planning and Development Commission conducted a public hearing
after due notice by publication and has submitted its findings of fact and recommended approval;
and
WHEREAS, the City Council of the City of Elgin concurs in the findings and
recommendation of the Planning and Development Commission.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1. That the City Council of the City of Elgin hereby adopts the Findings of
Fact, dated December 4, 2006, made by the Planning and Development Commission, a copy of
which is attached hereto and made a part hereof by reference as Exhibit A.
Section 2. That Chapter 19.08, Section 19.08.020 entitled Zoning District map of the
Elgin Municipal Code, as amended, be and the same is hereby further amended by adding thereto
the following paragraph:
The boundaries hereinafter laid out in the Zoning District Map, as amended, be
and are hereby altered by including in the PAB Planned Residence Business
District the following described property:
That part of West half of the Southwest Quarter of Section 16, and
part of the East half of Southeast Quarter of Section 16, all in
Township 41 North, Range 8 East of the Third Principal Meridian,
described as follows: Beginning at the Northeast corner of
Weldwood Oaks Subdivision, a subdivision of part of Southwest
Quarter of Section 16, Part of Southeast Quarter of Section 17, and
part of Northeast Quarter of Section 20, Township and Range as
foresaid; thence South 20 degrees 12 minutes 17 seconds West
along the Easterly line of said subdivision 1159.01 feet; thence
South 86 degrees 29 minutes 49 seconds East 156.35 feet to a jog in
the Westerly line of lot 11 in Darlene McDermott's Subdivision, a
subdivision of part of said Southeast Quarter of Section 16, and part
of paid Southeast Quarter of Section 17, and part of said Northeast
Quarter of said Section 20; thence North 20 degrees 12 minutes 54
seconds East along said Westerly line 483.37 feet measured (483.49
feet record) to the Northwest corner of said lot; thence South 80
degrees 54 minutes 53 seconds East along the North line of said lot
JANUARY 23, 2008 VOLUME LXXIII
46
436.33 feet measured(436.39 feet record) to the Northeast corner
thereof, (also being in the Southwesterly Right of Way Line of US
Route 20 (Court Case No. 60-1166); thence North 14 degrees 14
minutes 25 seconds West along said Southwesterly line 406.09 feet
to an angle point in said right of way; thence North 25 degrees 53
minutes 11 seconds West along said Southwesterly line 147.46 feet
measured (155.91 feet record) to an angle point in said right of way;
thence North 45 degrees 28 minutes 20 seconds West along said
Southwesterly line 265.63 feet measured (9265.79 feet record) to
the point of beginning, in Elgin Township, Kane County, Illinois
(Property commonly known as 2805 Weld Road).
Section 3. That the City Council of the City of Elgin hereby grants the map
amendment to PAB Planned Area Business District for the property commonly known as 2805
Weld Road, and legally described above, which shall be designed, developed, and operated
subject to the following provisions:
A. Purpose and Intent. The purpose and intent of this PAB zoning district is to
provide a planned commercial environment, subject to the provisions of Chapter
19.60 Planned Developments, of the Elgin Municipal Code, 1976, as amended.
B. Supplementary Regulations. Any word or phrase contained herein, followed by
the symbol “[SR]”, shall be subject to the definitions and the additional
interpretive requirements provided in Chapter 19.90, Supplementary Regulations
of the Elgin Municipal Code, 1976, as amended. The exclusion of such symbol
shall not exempt such word or phrase from the applicable supplementary
regulation.
C. General Provisions. In this PAB zoning district, the use and development of
land and structures shall be subject to the provisions of Chapter 19.05, General
Provisions, of the Elgin Municipal Code, 1976, as amended.
D. Zoning Districts - Generally. In this PAB zoning district, the use and
development of land and structures shall be subject to the provisions of Chapter
19.07, Zoning Districts, of the Elgin Municipal Code, 1976, as amended.
E. Location and Size of District. This PAB zoning district should be located in
substantial conformance to the official comprehensive plan. The amount of land
necessary to constitute a separate PAB zoning district exclusive of rights-of-way,
but including adjoining land or land directly opposite a right of way shall not be
less than two acres.
F. Land Use. In this PAB zoning district, the use of land and structures shall be
subject to the provisions of Chapter 19.10, Land Use of the Elgin Municipal
Code, 1976, as amended. The following enumerated “land uses” [SR] shall be the
only land uses allowed as a “permitted use” [SR] in this PRB zoning district:
VOLUME LXXIII JANUARY 23, 2008
47
Permitted Uses: The following enumerated land uses shall be the only land uses
allowed as a permitted use in this PAB Residence Business District:
Offices division:
1. “Offices” [SR] (UNCL).
Finance, insurance, and real estate division:
2. "Development sales offices" [SR] (UNCL).
3. "Finance, insurance, and real estate [H].
Services division:
4. "Advertising" (731).
5. "Automotive renting and leasing without drivers" (751).
6. "Barbershops" (724).
7. "Beauty shops" (723).
8. "Carpet and upholstery cleaning agents without plants on the premises"
(7217).
9. "Commercial, economic, sociological and educational research" (8732).
10. "Commercial, physical, and biological research" (8731).
11. "Computer programming, data processing, and other computer related
services" (737).
12. "Computer rental and leasing" (7377).
13. "Consumer credit reporting agencies, mercantile reporting agencies, and
adjustment and collection agencies” (732).
14. "Detective and guard services” (7381).
15. "Electrical and electronic repair shops” (7629).
16. "Engineering, accounting, research, management and related services"
(87).
17. "Garment pressing, and agents for laundries and dry cleaners” (7212).
18. "Home healthcare services” (808).
19. "Hotels and motels” [SR] (701).
20. "Job training and vocational rehabilitation services” (833).
21. "Laundry collecting and distributing outlets" (7211).
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. “Miscellaneous personal services not elsewhere classifies” (7299).
28. "Motion picture distribution and allied services" (782).
29. "Motion picture distribution and allied services" (781).
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).
JANUARY 23, 2008 VOLUME LXXIII
48
35. "Offices and clinics of other health practitioners" (804).
36. "Personnel supply services" (736).
37. "Photofinishing laboratories" (7384).
38. "Photographic studios, portrait” (722).
39. “Professional sports operators and promoters” (7941).
40. “Radio and television repair shops” (7622).
41. “Security systems services” (7382).
42. “Shoe repair shops and shoeshine parlors” (725).
43. “Tax returns preparation services” (7291).
44. "Testing laboratories" (8734).
45. "Theatrical producers" (792).
46. "Videotape rental" (784).
47. "Vocational schools" (824).
48. “Watch, clock, and jewelry repair” (763).
Retail trade division:
49. “Apparel and accessory stores” (56).
50. "Automatic merchandising machine operators" (5962).
51. "Carryout restaurants" (5812).
52. “Catalog and mail order houses” (5961).
53. "Convenience food stores, operated on a twenty four (24) hour basis"
(5411).
54. "Direct selling establishments" (5963).
55. "Drinking places (alcoholic beverages)" (5813).
56. "Drugstores and proprietary stores" (591).
57. "Eating places" (5812).
58. "Florists" (5992).
59. "Food stores" (54).
60. "General merchandise stores" (53).
61. "Home furniture, furnishing and equipment stores" (57).
62. "Miscellaneous shopping goods stores" (5999).
63. "Miscellaneous shopping goods stores" (594).
64. "News dealers" (5994).
65. “Optical goods stores” (5995).
66. "Outdoor eating and drinking facilities" [SR] (UNCL).
67. "Tobacco stores" (5993).
Agricultural division:
68. "Dog grooming" (0752).
69. “Farm labor and management services” (076).
70. “Landscape counseling and planning” (0781).
71. "Lawn and garden services" (0782).
72. "Ornamental shrub and tree services" (0783).
73. "Veterinary services for household pets" [SR] (UNCL).
Construction division:
74. "Contractor’s office and equipment areas" (0742).
Manufacturing division:
VOLUME LXXIII JANUARY 23, 2008
49
75. "Commercial printing occupying less that five thousand (5,000) square
feet of gross floor area" (2752).
Transportation, communication, and utilities division:
76. "Amateur radio antennas" [SR] (UNCL).
77. “Arrangement of passenger transportation” (472).
78. “Arrangement of transportation of freight and cargo” (473).
79. “Branch united States post offices” (4311).
80. "Bus charter service operator’s offices" (414).
81. “Cable and other pay television services” (484).
82. "Commercial antennas and antenna structures mounted on existing
structures" [SR] (UNCL).
83. “Communication services not elsewhere classified” (489).
84. “Intercity and rural bus transportation operators’ office” (413).
85. "Loading facilities" [SR], exclusively "accessory" [SR] to a use allowed in
the zoning district; subject to the provisions of chapter 19.47 of this title
(UNCL).
86. “Local and suburban passenger transportation operators’ offices” (411).
87. "Packing and crating" (4783).
88. "Radio and television antennas" [SR] (UNCL).
89. "Radio and television broadcasting stations" (483).
90. “Railroad operators’ offices” (401).
91. "Satellite dish antennas" [SR] (UNCL).
92. "School bus operators’ offices" (415).
93. "Taxicab operators’ offices" (412).
94. “Telegraph and other message communications” (482).
95. “Telephone communications” (481).
96. "Treatment, transmission and distribution facilities: poles, wires, cables,
conduits, laterals, vaults, pipes, mains, and valves" [SR] (UNCL).
Miscellaneous uses division:
97. "Accessory structures" [SR] (UNCL) to the permitted uses allowed in the
AB area business district, subject to the provisions of section 19.12.500 of
this title.
98. "Accessory uses" [SR] (UNCL) to the permitted uses allowed in the AB
area business district, subject to the provisions of section 19.10.400 of this
title.
99. "Drive-through facilities" [SR], subject to the provisions of chapter 19.45
of this title.
100. "Fences and walls" [SR] (UNCL).
101. "Loading facilities" [SR] (UNCL), exclusively "accessory" [SR] to a
permitted use allowed in the AB area business district, subject to the
provisions of chapter 19.47 of this title.
102. "Outdoor display areas" [SR] (UNCL).
103. "Outdoor display lots" [SR] (UNCL).
104. "Parking lots" [SR] (UNCL), exclusively "accessory" [SR] to a permitted
use allowed in the AB area business district, subject to the provisions of
chapter 19.45 of this title.
JANUARY 23, 2008 VOLUME LXXIII
50
105. "Parking structures" [SR] (UNCL), exclusively "accessory" [SR] to a
permitted use allowed in the AB area business district, subject to the
provisions of chapter 19.45 of this title.
106. “Refuse collection area” [SR].
107. “Signs [SR] (UNCL), subject to the provisions of chapter 19.50 of this
title.
108. "Storage tanks" [SR] (UNCL).
109. Temporary uses [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 that two
(2) acres of land.
Public administrative division:
2. “Public administrative” (J) on a zoning lot [SR] containing less that two
(2) acres of land.
Services division:
3. “Amusement parks” (7996).
4. “Arenas, sports fields, and stadiums” (UNCL).
5. “Ballrooms” (7911).
6. “Billiard and pool halls” (7999).
7. “Bingo parlors” (7999).
8. “Bowling centers” (7933).
9. “Car washes” [SR] (7542).
10. “Child daycare services” (835).
11. “Churches, convents, monasteries, and temples” (8661).
12. “Coin operated amusement establishments” (7993).
13. “Dance halls” (7911).
14. “Dance studios and schools” (791).
15. “Discotheques” (7911).
16. “Drive-in motion picture theaters” (7833).
17. “Funeral service” (726).
18. “Home child daycare services” [SR] (8351).
19. “Individual and family social services” (832).
20. “Membership organizations” (86).
21. “Membership sports and recreation clubs” (7997).
22. “Motion picture theaters” (7832).
23. “Organization hotels and lodging houses, on membership basis” (704).
24. “Other schools and educational services” (829).
25. “Physical fitness facilities” (7991).
26. “Sporting and recreational camps” (7032).
Retail trade division:
27. “Drive-in restaurant” (5812).
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51
28. “Motor vehicle service stations” [SR] (835).
29. “Package liquor sales establishments” [SR] (835).
Agricultural division:
30. “Kennels” [SR] (0752).
Wholesale trade division:
31. “Beer, wine, and distilled alcoholic beverages” (518).
32. “Lumber and other construction materials” (503).
Transportation, communication, and utilities division:
33. “Conditional commercial antenna tower” [SR] (UNCL).
34. “Conditional commercial antennas and antenna structures mounted on
existing structures” [SR] (UNCL).
35. “Courier services” (4215).
36. “Heliports” (458).
37. “Pipelines, except natural gas” (461).
38. “Other radio and television antennas” [SR] (UNCL).
39. “Other satellite dish antennas” [SR] (UNCL).
40. “Railroad tracks” (401).
41. “Child daycare services” (835).
42. “Water transportation” (44).
Miscellaneous uses division:
43. "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.
44. "Accessory uses" [SR] (UNCL) to the conditional uses allowed in the AB
area business district, subject to the provisions of section 19.10.400 of this
title.
45. "Master signage plan" [SR], subject to the provisions of chapter 19.50 of
this title.
46. "Planned developments" [SR] (UNCL) on a zoning lot containing less
than two (2) acres of land, subject to the provisions of chapter 19.60 of
this title.
Similar Uses: The following enumerated land uses shall be subject to
classification as a permitted use or as a conditional use in the AB area business
district or in a less restrictive zoning district, pursuant to subsection 19.10.400H
of this title:
Services division:
1. “Business services not elsewhere classified” (7389).
2. “Laundry and garment services not elsewhere classified” (7219).
3. “Miscellaneous health and allied services not elsewhere classified” (809).
4. “Miscellaneous personal services not elsewhere classified” (7299).
5. “Miscellaneous repair shops and related services” (769).
6. “Services not elsewhere classified” (899).
7. “Social services not elsewhere classified” (839).
JANUARY 23, 2008 VOLUME LXXIII
52
G. Site Design. In this PAB District, except as otherwise provided for herein, Lot 6
as described in Section 2 shall be subject to the following conditions:
1. Substantial conformance to the Petitioner’s Statement of Purpose and
Conformance, submitted with the development application prepared by
Steve Silva, Silva Architects; dated November 30, 2005.
2. Substantial conformance to the Site Development Plan prepared by Silva
Architects, Ltd. and dated November 30, 2005 with revisions, dated
September 14, 2006.
3. Substantial conformance to the Landscape Plan prepared by Silva
Architects, Ltd. and dated November 30, 2005 with revisions, dated
September 14, 2006.
4. Substantial conformance to the Building Elevations and Floor Plans
prepared by Silva Architects, Ltd. and dated November 30, 2005.
5. Substantial conformance to the Site Photometric Plan prepared by
Connelly Electric, Ltd. and dated November 21, 2005.
6. Substantial conformance to the Preliminary Engineering Plans (Sheets 1-
5) prepared by Gerald L. Heinz & Associates, Inc. and dated November
28, 2005 with revisions dated August 15, 2006.
7. Compliance with all other applicable codes and ordinances.
H. Off-Street Parking. In this PAB District, off street parking shall be subject to
the provisions of Chapter 19.45, Off Street Parking, of the EMC, as amended.
I. Off-Street Loading. In this PAB District, off street loading shall be subject to
the provisions of Chapter 19.47, Off Street Loading, of the EMC, as amended.
J. Signs. In this PAB District, signs shall be subject to the provisions of Chapter
19.50, Signs of the Elgin Municipal Code, 1976, as amended.
K. Amendments. In this PAB District, application for text and map amendments
shall be subject to the provisions of Chapter 19.55, Amendments. A text and map
amendment may be requested by an individual lot or property owner for a zoning
lot without necessitating that all other property owners in this PAB zoning district
authorize such an application.
L. Planned Developments. In this PAB zoning district, the use and development of
the land and structures shall be subject to the provisions of Chapter 19.60,
Planned Developments of the Elgin Municipal Code, 1976, as amended. An
application for a planned development may be requested by an individual lot or
VOLUME LXXIII JANUARY 23, 2008
53
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, 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 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 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. Any of the requirements of this
ordinance may be varied by petition of a lot or property owner for a zoning lot
without requiring an amendment to this PAB zoning district and without
necessitating that all other property owners in this PAB zoning district authorize
such an application.
O. Subdivisions – Generally. The subdivision of the subject property and
development thereof shall comply with the subdivision regulations of the city, as
amended, and the Plat Act of the State of Illinois.
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.
Section 4. That this ordinance shall be in full force and effect immediately after its
passage in the manner provided by law.
s/ Ed Schock
Ed Schock, Mayor
Presented: January 23, 2008
Passed: January 23, 2008
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: January 24, 2008
Published:
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
JANUARY 23, 2008 VOLUME LXXIII
54
ORDINANCE G7-08 PASSED GRANTING A MAP AMENDMENT FROM SFR2
SINGLE FAMILY RESIDENTIAL DISTRICT TO PSFR2 PLANNED SINGLE FAMILY
RESIDENCE DISTRICT (SMC RESIDENTIAL SUBDIVISION, 2805 WELD 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.
Ordinance No. G7-08
AN ORDINANCE
GRANTING A MAP AMENDMENT FROM
SFR2 SINGLE FAMILY RESIDENTIAL DISTRICT TO
PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTICT
(SMC Residential Subdivision, 2805 Weld Road)
WHEREAS, written application has been made requesting a map amendment from SFR2
Single Family Residence and to PSFR2 Planned Single Family Residence District.
WHEREAS, the Planning and Development Commission conducted a public hearing
after due notice by publication and has submitted its findings of fact and recommended approval;
and
WHEREAS, the City Council of the City of Elgin concurs in the findings and
recommendation of the Planning and Development Commission.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1. That the City Council of the City of Elgin hereby adopts the Findings of
Fact, dated December 4, 2006, made by the Planning and Development Commission, a copy of
which is attached hereto and made a part hereof by reference as Exhibit A.
Section 2. That Chapter 19.08, Section 19.08.020 entitled Zoning District map of the
Elgin Municipal Code, as amended, be and the same is hereby further amended by adding thereto
the following paragraph:
The boundaries hereinafter laid out in the Zoning District Map, as amended, be
and are hereby altered by including in the PSFR2 Planned Single Family
Residence District the following described property:
That part of West half of the Southwest Quarter of Section 16, and part of the East
half of Southeast Quarter of Section 16, all in Township 41 North, Range 8 East
of the Third Principal Meridian, described as follows: Beginning at the Northeast
corner of Weldwood Oaks Subdivision, a subdivision of part of Southwest
VOLUME LXXIII JANUARY 23, 2008
55
Quarter of Section 16, Part of Southeast Quarter of Section 17, and part of
Northeast Quarter of Section 20, Township and Range as foresaid; thence South
20 degrees 12 minutes 17 seconds West along the Easterly line of said subdivision
1159.01 feet; thence South 86 degrees 29 minutes 49 seconds East 156.35 feet to
a jog in the Westerly line of lot 11 in Darlene McDermott's Subdivision, a
subdivision of part of said Southeast Quarter of Section 16, and part of paid
Southeast Quarter of Section 17, and part of said Northeast Quarter of said
Section 20; thence North 20 degrees 12 minutes 54 seconds East along said
Westerly line 483.37 feet measured (483.49 feet record) to the Northwest corner
of said lot; thence South 80 degrees 54 minutes 53 seconds East along the North
line of said lot 436.33 feet measured(436.39 feet record) to the Northeast corner
thereof, (also being in the Southwesterly Right of Way Line of US Route 20
(Court Case No. 60-1166); thence North 14 degrees 14 minutes 25 seconds West
along said Southwesterly line 406.09 feet to an angle point in said right of way;
thence North 25 degrees 53 minutes 11 seconds West along said Southwesterly
line 147.46 feet measured (155.91 feet record) to an angle point in said right of
way; thence North 45 degrees 28 minutes 20 seconds West along said
Southwesterly line 265.63 feet measured (9265.79 feet record) to the point of
beginning, in Elgin Township, Kane County, Illinois (Property commonly known
as 2805 Weld Road).
Section 3. That the City Council of the City of Elgin hereby grants the map
amendment to PSFR2 Planned Single Family District for the property commonly known as 2805
Weld Road, and legally described above, which shall be designed, developed, and operated
subject to the following provisions:
A. Purpose and Intent. The purpose and intent of this PSFR2 zoning district is to
provide a planned commercial environment, subject to the provisions of Chapter
19.60 Planned Developments, of the Elgin Municipal Code, 1976, as amended.
B. Supplementary Regulations. Any word or phrase contained herein, followed by
the symbol “[SR]”, shall be subject to the definitions and the additional
interpretive requirements provided in Chapter 19.90, Supplementary Regulations
of the Elgin Municipal Code, 1976, as amended. The exclusion of such symbol
shall not exempt such word or phrase from the applicable supplementary
regulation.
C. General Provisions. In this PSFR2 zoning district, the use and development of
land and structures shall be subject to the provisions of Chapter 19.05, General
Provisions, of the Elgin Municipal Code, 1976, as amended.
D. Zoning Districts - Generally. In this PSFR2zoning 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.
JANUARY 23, 2008 VOLUME LXXIII
56
E. Location and Size of District. This PSFR2 zoning district should be located in
substantial conformance to the official comprehensive plan. The amount of land
necessary to constitute a separate PSFR2 zoning district exclusive of rights-of-
way, but including adjoining land or land directly opposite a right of way shall not
be less than two acres.
F. Land Use. In this PSFR2 zoning district, the use of land and structures shall be
subject to the provisions of Chapter 19.10, Land Use, of the Elgin Municipal
Code, 1976, as amended. The following enumerated “land uses” [SR] shall be the
only land uses allowed as a “permitted use” [SR] in this PSFR2 District:
Residence Division.
1. “Single family detached dwellings” [SR] (UNCL).
2. “Residential garage sales” [SR] (UNCL).
3. “Residential occupations” [SR] (UNCL).
4. “Residential outdoor storage of firewood” [SR] (UNCL).
5. “Residential parking areas” [SR] (UNCL).
Finance, Insurance, and Real Estate Division.
6. “Development sales office” [SR] (UNCL).
Services Division.
7. “Family residential care facility” [SR] (8361).
8. “Home child day care services” [SR] (8351).
Construction Division.
9. “Contractors office and equipment areas” [SR] (UNCL).
Transportation, Communication, and Utilities Division.
10. “Radio and television antennas” [SR] (UNCL).
11. “Satellite dish antennas” [SR] (UNCL).
12. “Treatment, transmission, and distribution facilities: poles, wires, cables,
conduits, laterals, vaults, pipes, mains, and valves” [SR] (UNCL).
Miscellaneous Uses Division.
13. “Fences and walls” [SR] (UNCL).
14. “Signs” [SR] (UNCL), subject to the provisions of Chapter 19.50, Signs,
of the Elgin Zoning Ordinance.
15. “Temporary uses” [SR] (UNCL).
16. “Accessory structures” [SR] (UNCL) to the permitted uses allowed in this
PSFR2 Planned Single Family Residence District, subject to the
provisions of Section 19.12.500, Accessory Structures and Buildings, of
the Elgin Zoning Ordinance.
17. “Accessory uses” [SR] (UNCL) to the permitted uses allowed in this
PSFR2 Planned Single Family Residence District, subject to the
provisions of Section 19.20.400, Component Land Uses, of the Elgin
Zoning Ordinance.
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
VOLUME LXXIII JANUARY 23, 2008
57
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 District, except as otherwise provided for herein, Lots
1-5 as described in Section 2 shall be subject to the following conditions:
1. Substantial conformance to the Petitioner’s Statement of Purpose and
Conformance, submitted with the development application prepared by
Steve Silva, Silva Architects; dated November 30, 2005.
2. Substantial conformance to the Site Development Plan prepared by Silva
Architects, Ltd. and dated November 30, 2005 with revisions, dated
September 14, 2006.
3. Substantial conformance to the Preliminary Engineering Plans (Sheets 1-
5) prepared by Gerald L. Heinz & Associates, Inc. and dated November
28, 2005 with revisions dated August 15, 2006.
4. Compliance with all other applicable codes and ordinances.
JANUARY 23, 2008 VOLUME LXXIII
58
H. Off-Street Parking. In this PSFR2 District, off street parking shall be subject to
the provisions of Chapter 19.45, Off Street Parking, of the EMC, as amended.
I. Off-Street Loading. In this PSFR2 District, off street loading shall be subject to
the provisions of Chapter 19.47, Off Street Loading, of the EMC, as amended.
J. Signs. In this PSFR2 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 PSFR2 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 PSFR2 zoning district, the use and development
of the land and structures shall be subject to the provisions of Chapter 19.60,
Planned Developments of the Elgin Municipal Code, 1976, as amended. An
application 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 PSFR2 zoning district, the use and development of the
land and structures shall be subject to the provisions of Chapter 19.65 Conditional
Uses of the Elgin Municipal Code, 1976, as amended. A conditional use may be
requested by an individual lot or property owner for a zoning lot without requiring
an amendment to this PAB zoning district and without necessitating that all other
property owners in this PAB zoning district authorize such an application.
N. Variations. In this PSFR2 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. Any of the requirements of this
ordinance may be varied by petition of a lot or property owner for a zoning lot
without requiring an amendment to this PAB zoning district and without
necessitating that all other property owners in this PAB zoning district authorize
such an application.
O. Subdivisions – Generally. The subdivision of the subject property and
development thereof shall comply with the subdivision regulations of the city, as
amended, and the Plat Act of the State of Illinois.
P. Building and Construction - Generally. In this PSFR2 zoning district, building
and construction shall be subject to the provisions of Title 16, Building and
VOLUME LXXIII JANUARY 23, 2008
59
Construction, of the Elgin Municipal Code, as may be amended, except as may be
specifically provided otherwise in this planned industrial district ordinance.
1. Design Guidelines. The Design Guidelines prepared by Steve
Silva, Silva Architects, and revised as required by Community
Development Group and attached hereto as Exhibit 1 shall be applicable to
the development of the Subject Property. All buildings constructed on the
Subject Property shall be constructed in conformance with such Design
Guidelines and other applicable requirements of law.
2. All sanitary sewers shall be overhead sewers.
3. All structures containing sump pits and pumps shall have separate
lines connecting the sump pump to the storm sewer as required by the City
Engineer and the Development Administrator.
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 4. That this ordinance shall be in full force and effect immediately after its
passage in the manner provided by law.
s/ Ed Schock
Ed Schock, Mayor
Presented: January 23, 2008
Passed: January 23, 2008
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: January 24, 2008
Published:
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
ORDINANCE G8-08 PASSED GRANTING A CONDITIONAL USE FOR THE
ESTABLISHMENT OF A MEMBERSHIP ORGANIZATION AND A DRINKING
PLACE WITH ALCOHOLIC BEVERAGES IN THE NB NEIGHBORHOOD BUSINESS
DISTRICT (139-141 WEST RIVER ROAD)
JANUARY 23, 2008 VOLUME LXXIII
60
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. G8-08
AN ORDINANCE
GRANTING A CONDITIONAL USE FOR THE
ESTABLISHMENT OF A MEMBERSHIP ORGANIZATION
AND A DRINKING PLACE WITH ALCOHOLIC BEVERAGES
IN THE NB NEIGHBORHOOD BUSINESS DISTRICT
(139-141 West River Road)
WHEREAS, written application has been made requesting conditional use approval for
the establishment of a membership organization and a drinking place with alcoholic beverages in
the NB Neighborhood Business District; and
WHEREAS, the Zoning and Subdivision Hearing Board conducted a public hearing after
due notice by publication and has submitted its findings of fact and recommended approval; and
WHEREAS, the City Council of the City of Elgin concurs in the findings and
recommendation of the Zoning and Subdivision Hearing Board.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1. That the City Council of the City of Elgin hereby adopts the Findings of
Fact, dated December 19, 2007, made by the Zoning and Subdivision Hearing Board, a copy of
which is attached hereto and made a part hereof by reference as Exhibit A.
Section 2. That a conditional use to permit the establishment of a membership
organization and a drinking place with alcoholic beverages in the NB Neighborhood Business
District at 139-141 West River Road and legally described as follows:
Parcel 1:
That part of Section 1 and part of the Southeast Quarter of Section 2, all in
Township 41 North, Range 8 east of the Third Principal Meridian, described as
follows: Commencing at the Northeast corner of said Section 2; thence South 0
degrees 26 minutes East along the East line of said Section 504.04 feet to the
Southeast corner of a tract of land conveyed to Northern Illinois Gas Company by
deed recorded November 28, 1958, in book 1932, page 239, as Document
876705; thence South 89 degrees 08 minutes West along the South line of said
Northern Illinois Gas Company Tract 537.23 feet; thence South 0 degrees 26
minutes East parallel with the East line of said Section 2, 600 feet for the Point of
Beginning; thence North 89 degrees 08 minutes east parallel with the South line
VOLUME LXXIII JANUARY 23, 2008
61
and South line extended of said Northern Illinois Gas Company tract 751.07 feet;
thence North 59 degrees 12 minutes 45 seconds East 344.63 feet; thence North 30
degrees 51 minutes West 236.05 feet; thence North 59 degrees 12 minutes 45
seconds East 241.48 feet; thence North 0 degrees 51 minutes West 185.67 feet to
the Southerly line of Parcel No. N-4D-67.2 acquired by the Illinois State Toll
Highway Commission through proceeding filed in the Circuit Court of Kane
County, Illinois as Case No. 57-344; thence Easterly along said Southerly line to
the Westerly bank of the Fox River; thence Southwesterly along said Westerly
bank to a line drawn South 0 degrees 26 minutes East, parallel with the East line
of said Section 2, from the Point of Beginning; thence North 0 degrees 26 minutes
West along said parallel line 1895 feet to the Point of Beginning; (excepting that
part conveyed to Northern Illinois Gas Company by deed recorded June 3, 1959,
in Block 1963, Page 385, as Document 891107, and by deed recorded February 3,
1969, in Book 2008, Page 347, as Document 912108); in the City of Elgin, Kane
County, Illinois (Property Commonly Known as 139-141 West River Road).
Parcel 2:
Easement for ingress and egress created by instrument recorded November 24,
1970, as Document 1178068 made by Northern Illinois Gas Company, to Willow
Lake Estates, Inc. for the benefit of Parcel 1 over that part of the West Fractional
Half of Section 1, Township 41 North, Range 8 East of the Third Principal
Meridian, described as follows: Commencing at the Northwest corner of said
Fractional Section 1; thence South along the West line of said Section 504.04 feet
to the Southerly line of a tract of land conveyed to Northern Illinois Gas Company
by deed recorded June 3, 1959, as Document 891107; thence Easterly along said
Southerly line 1137.72 feet for the Point of Beginning; thence Easterly along said
Southerly line 70.55 feet;; thence Northerly along a line which forms an angle of
87 degrees 51 minutes to the left with the prolongation of the last descried course,
82.56 feet to the Northerly line of said Northern Gas Company tract; thence
Westerly along said Northerly line 74.35 feet; thence Southerly 82.50 feet to the
line of Beginning, in the City of Elgin, Kane County, Illinois.
Parcel 3:
Easement for ingress and egress created by instrument recorded June 25, 1971, as
Document 1195227 made by Northern Illinois gas Company to Willow Lakes
Estates, Inc. for the benefit of Parcel 1 over that part of the west Fractional Half of
Section 1, Township 41 North, Range 8 East of the third Principal Meridian,
described as follows: range 8 East of the Third Principal Meridian, descried as
follows: Commencing at the Northwest corner of said Fractional Section 1; thence
South along the West line of said Section 504.04 feet to the Southerly line of a
tract of land conveyed to Northern Illinois gas Company by deed recorded June 3,
1959, as Document 891107; thence Easterly along said Southerly line 1530.85
feet for the Point of Beginning; thence Easterly along said Southerly line 70 feet;
thence Northerly at right angles to the last described course, 82.50 feet to the
JANUARY 23, 2008 VOLUME LXXIII
62
Northerly line of said Northern Illinois Gas Company tract; thence Westerly along
said Northerly line 70 feet; thence Southerly at right angles to the last described
course 82.50 feet to the Point of Beginning, in the City of Elgin, Kane County,
Illinois.
be and is hereby granted subject to the following conditions:
1. Substantial conformance with the Statement of Purpose and Conformance,
submitted by Don Westphal, dated August 9, 2007.
2. Substantial conformance with the Site Plan/Landscape Plan, prepared by
Brickman, dated November 26, 2007.
3. Substantial conformance with the Floor Plan, submitted by Don Westphal, dated
August 9, 2007.
4. Parking is approved for the Elk’s Club Lodge based on a maximum occupancy
load of 63 people. The Elks Club will not hold any special events at this location in
which attendance will exceed the maximum occupancy load.
5. The parking lot must be seal coated and striped according to approved plans prior
to the issuance of an occupancy permit.
6. Curbing must be completed around the entire interior landscape yard west of the
building. A curbed island should be included on each end of the row of parking
spaces along the west side of this interior landscape yard. This curbing must be
completed prior to the issuance of an occupancy permit.
7. The refuse collection area must be enclosed according to the requirements of the
Elgin Municipal Code prior to the issuance of an occupancy permit.
8. All signs must meet the requirements of Chapter 19.50 Street Graphics of the
Elgin Municipal Code. Note: The exposed framework on the sign that exists on
the mansard roof of the commercial building must be covered to bring this wall
sign into conformance to ordinance requirements. Covering the exposed
framework on the sign must be completed prior to the issuance of an occupancy
permit.
9. Compliance with all applicable codes and ordinances.
VOLUME LXXIII JANUARY 23, 2008
63
Section 3. That the conditional use granted herein shall expire if not established
within one year from the date of passage of this ordinance.
Section 4. That this ordinance shall be in full force and effect immediately after its
passage in the manner provided by law.
s/ Ed Schock
Ed Schock, Mayor
Presented: January 23, 2008
Passed: January 23, 2008
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: January 24, 2008
Published:
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
ORDINANCE G9-08 PASSED GRANTING A MAP AMENDMENT FROM CF
COMMUNITY FACILITY DISTRICT TO PORI PLANNED OFFICE RESEARCH
INDUSTRIAL DISTRICT (799 SOUTH MCLEAN BOULEVARD)
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. G9-08
AN ORDINANCE
GRANTING A MAP AMENDMENT FROM CF COMMUNITY FACILITY DISTRICT TO
PORI PLANNED OFFICE RESEARCH INDUSTRIAL DISTRICT
(799 South McLean Boulevard)
WHEREAS, written application has been made to reclassify certain property located at
799 South McLean Boulevard from CF Community Facility District to PORI Planned Office
Research Industrial District; and
JANUARY 23, 2008 VOLUME LXXIII
64
WHEREAS, the Planning and Development Commission conducted a public hearing
after due notice by publication and has submitted its findings of fact and recommended approval;
and
WHEREAS, the City Council of the City of Elgin concurs in the findings and
recommendation of the Planning and Development Commission.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1. That the City Council of the City of Elgin hereby adopts the Findings of
Fact, dated August 6, 2007, made by the Planning and Development Commission, a copy of
which is attached hereto and made a part hereof by reference as Exhibit A.
Section 2. That Chapter 19.08, Section 19.08.020 entitled Zoning District map of the
Elgin Municipal Code, as amended, be and the same is hereby further amended by adding thereto
the following paragraph:
That Part of the Northwest Quarter and Part of the Northeast Quarter of Section
27, Township 41 North, Range 8 East of the Third Principal Meridian, Described
As Follows: Beginning at the Northeast Corner of the Northwest Quarter of Said
Section 27; Thence South 88 Degrees 32 Minutes 00 Seconds West along the
North Line of Said Northwest Quarter of Section 27, a Distance of 720.87 feet to
the Center Line of Mclean Boulevard; Thence Southwesterly, along Said Center
Line Being along a Curve to the Left Having a Radius of 34503.68 feet and a
Chord Bearing of South 47 Minutes 36 Seconds West, an arc Distance of 427.26
feet to the North Line of the South 891.00 feet of the Northeast Quarter of the
Northwest Quarter of Said Section 27; Thence North 88 Degrees 28 Minutes 01
Seconds East, along Said North Line, a distance of 764.00 feet to the North and
South Quarter of Section Line of Said Section 27; Thence North 88 Degrees 02
Minutes 55 Seconds East, along the North Line of the South 891.00 feet to the
Northwest Quarter of the Northeast Quarter of Section 27, a Distance of 343.20
Feet; Thence North 01 Degrees 00 Minutes 00 Seconds West, Parallel with the
West Line of the Northeast Quarter of Said Section 27, A Distance of 426.01 feet
to the North Line of the Northeast Quarter of Said Section 27; Thence South 87
Degrees 41 Minutes 07 Seconds West, along Said North Line, a Distance of
343.24 feet to the Point of Beginning, Being situated in the City of Elgin, (Except
Part Conveyed to City of Elgin By Deed Document 2002K80794 Described As
Follows: The West 45.0 Feet of that Part of the Northeast ¼ of the Northwest ¼
of Section 27, Township 41 North, Range 8 East of the Third Principal Meridian,
in the City of Elgin, Kane County, Illinois Lying North of the South 891.0 Feet
Thereof and Lying East of the Centerline of Mclean Boulevard) in Kane County,
Illinois. (Property Commonly Known as 799 South McLean Boulevard).
Section 3. That the City Council of the City of Elgin hereby grants the rezoning from
CF Community Facility District to PORI Planned Office Research Industrial District for the
VOLUME LXXIII JANUARY 23, 2008
65
property commonly known as 799 South McLean Boulevard, and legally described above, which
shall be designed, developed, and operated subject to the following provisions:
A. Purpose and Intent. The purpose of the PORI Office Research Industrial District is to
provide a planned industrial environment that fosters a sense of place and destination
within a coordinated campus or park setting, subject to the provisions of Chapter 19.60,
Planned Developments. A PORI zoning district is most similar to, but departs from the
standard requirements of the ORI zoning district.
B. Supplementary Regulations. Any word or phrase contained within this ordinance
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
EMC. The exclusion of such symbol shall not exempt such word or phrase from the
applicable supplementary regulation.
C. General Provisions. In this PORI District, the use and development of land and
structures shall be subject to the provisions of Chapter 19.05, General Provisions, of the
EMC, as may be amended from time to time.
D. Zoning Districts Generally. In this PORI District, the use and development of land and
structures shall be subject to the provisions of Chapter 19.07, Zoning Districts of the
EMC, as may be amended from time to time.
E. Location and Size of Districts. Planned industrial districts should be located in
substantial conformance to the official comprehensive plan. The amount of land
necessary to constitute a separate planned industrial 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. No departure from the required minimum size of a planned industrial district
shall be granted by the City Council.
F. Land Use. In this PORI District, the use and development of land and structures shall be
subject to the provisions of Chapter 19.10 Land Use, of the Elgin Municipal Code, as
amended. The following "PORI Land Uses", as identified in Section F.1.A & B, below,
and the "CF Land Uses", as identified in Section F.2.A & B, below, shall be the only land
uses allowed as a "permitted use" [SR], as a "conditional use" [SR], or as a "similar use"
[SR] in this PORI Planned Office Research Industrial District, as amended.
1. PORI Land Uses. The following "land uses" [SR] shall be the only land uses
allowed as a "permitted use" [SR], as a "conditional use" [SR], or as a "similar use" [SR]
in this PORI Planned Office Research Industrial District, as amended.
A. Permitted Uses: The following enumerated land uses shall be the only
land uses allowed as a permitted use in this PORI zoning district:
i. Municipal Services Division:
JANUARY 23, 2008 VOLUME LXXIII
66
Public parks, recreation, open space (UNCL) on a "zoning lot" [SR]
containing less than two (2) acres of land.
ii. Offices Division:
"Offices" [SR] (UNCL).
iii. Finance, Insurance, And Real Estate Division:
"Development sales offices" [SR] (UNCL).
Finance, insurance, and real estate (H).
iv. Services Division:
Advertising (731).
Armored car service (7381).
Beauty shops (723).
"Bed and breakfast inns" [SR] (7011).
Carpet and upholstery cleaning agents without plants on the premises
(7217).
Colleges, universities, professional schools, and junior colleges (822).
Commercial, economic, sociological, and educational research (8732).
Commercial physical and biological research (8731).
Computer programming, data processing, and other computer-related
services (737).
Computer rental and leasing (7377).
Consumer credit reporting agencies, mercantile reporting agencies, and
adjustment and collection agencies (732).
Dance studios and schools (791).
Detective and guard services (7381).
Electrical and electronic repair shops (7629).
Engineering, accounting, research, management, and related services (87).
Garment pressing, and agents for laundries and dry cleaners (7212).
Home furniture, furnishings, and equipment stores (57).
Home health care services (808).
"Hotels and motels" [SR] (701).
Job training and vocational rehabilitation services (833).
Laundry collecting and distributing outlets (7211).
Legal services (811).
Libraries (823).
Linen supply (7213).
Mailing, reproduction, commercial art and photography, and stenographic
services (733).
Management and public relations services (874).
Medical and dental laboratories (807).
Membership organizations (86).
Miscellaneous equipment rental and leasing (735).
Miscellaneous repair shops and related services (769).
Motion picture distribution and allied services (782).
Motion picture production and allied services (781).
News syndicates (7383).
Noncommercial research organizations (8733).
VOLUME LXXIII JANUARY 23, 2008
67
Offices and clinics of dentists (802).
Offices and clinics of doctors of medicine (801).
Offices and clinics of doctors of osteopathy (803).
Offices and clinics of other health practitioners (804).
Other schools and educational services (829).
Outdoor advertising services (7312).
Personnel supply services (736).
Photofinishing laboratories (7384).
Photographic studios, portrait (722).
Physical fitness facilities (7991).
Professional sports operators and promoters (7941).
Radio and television repair shops (7622).
Refrigerator and air-conditioning service and repair (7623).
Reupholstery and furniture repair (764).
Services to dwellings and other buildings (734).
Security systems services (7382).
Shoe repair shops and shoeshine parlors (725).
Tax return preparation services (7291).
Testing laboratories (8734).
Theatrical producers (792).
Truck route laundry and dry cleaning not operated by laundries or cleaners
(7212).
Videotape rental (784).
Vocational schools (824).
Watch, clock, and jewelry repair (763).
v. Retail Trade Division:
Automatic merchandising machine operators (5962).
Building materials, hardware and garden supply (52).
Catalog and mail-order houses (5961).
Direct selling establishments (5963).
Florists (5992).
General merchandise stores (53).
News dealers (5994).
Optical good stores (5995).
vi. Agricultural Division:
Crop services (072).
Dog grooming (0752).
Farm labor and management services (076).
Landscape counseling and planning (0781).
Lawn and garden services (0782).
Soil preparation services (071).
Veterinary services and household pets (0742).
vii. Construction Division:
"Contractor's office and equipment areas" [SR] (UNCL).
viii. Manufacturing Division:
JANUARY 23, 2008 VOLUME LXXIII
68
Apparel and other finished products made from fabrics and similar
materials (23).
Commercial printing occupying less than five thousand (5,000) square feet
of gross floor area (2752).
Computer and office equipment (357).
Electronic and other electrical equipment and components (36).
Fabricated metal products (34).
Furniture and fixtures (25).
Industrial and commercial machinery and equipment (35).
Leather and leather products (31).
Measuring, analyzing, and controlling instruments; photographic, medical,
and optical goods; and watches and clocks (38).
Miscellaneous manufacturing industries (39).
Primary metal industries (33).
Printing, publishing, and allied industries (27).
Stone, clay, glass and concrete products (32).
Tobacco products (21).
Transportation equipment (37).
ix. Wholesale Trade Division:
Apparel piece goods and notions (513).
Beer, wine and distilled alcoholic beverages (518).
Drugs, drug proprietaries and druggists' sundries (512).
Chemicals and allied products (516).
Electrical goods (506).
Farm product raw materials (515).
Furniture and home furnishings (502).
Groceries and related products (514).
Hardware, and plumbing and heating equipment and supplies (507).
Lumber and other construction materials (503).
Machinery, equipment, and supplies (508).
Metals and minerals, except petroleum (505).
Miscellaneous durable goods (509).
Miscellaneous non-durable goods (519).
Paper and paper products (511).
Petroleum and petroleum products (517).
Professional and commercial equipment and supplies (504).
x. Transportation, Communication And Utilities Division:
"Amateur radio antennas" [SR] (UNCL).
Arrangement of passenger transportation (472).
Arrangement of transportation of freight and cargo (473).
Branch United States post offices (4311).
Bus charter service operators offices (414).
Cable and other pay television services (484).
"Commercial antenna tower" [SR] (UNCL).
"Commercial antennas and antenna structures mounted on existing
structures" [SR] (UNCL).
VOLUME LXXIII JANUARY 23, 2008
69
Communication services not elsewhere classified (489).
Courier services (4215).
Freight forwarding in general (4731).
Intercity and rural bus transportation operators' offices (413).
Local and suburban passenger transportation operators' offices (411).
Natural gas transmission and distribution (4922) (4924).
Packing and crating (4783).
"Radio and television antennas" [SR] (UNCL).
Radio and television broadcasting stations (483).
Railroad operators' offices (401).
"Satellite dish antennas" [SR] (UNCL).
School bus operators' offices (415).
Taxicab operators' offices (412).
Telegraph and other message communications (482).
Telephone communications (481).
"Treatment, transmission and distribution facilities: poles, wires, cables,
conduits, laterals, vaults, pipes, mains and valves" [SR] (UNCL).
xi. Miscellaneous Uses Division:
"Accessory structures" [SR] (UNCL) to the permitted uses allowed in the
ORI Office Research Industrial District, subject to the provisions of
Section 19.12.500 of this Title.
"Accessory uses" [SR] (UNCL) to the permitted uses allowed in the ORI
Office Research Industrial District to the provisions of Section 19.10.400
of this Title.
"Fences and walls" [SR] (UNCL).
"Loading facilities" [SR] (UNCL), exclusively "accessory" [SR] to a
permitted use allowed in the ORI Office Research Industrial District,
subject to the provisions of Chapter 19.47 of this Title.
"Parking lots" [SR] (UNCL), exclusively "accessory" [SR] to a permitted
use allowed in the ORI Office Research Industrial District, subject to the
provisions of Chapter 19.45 of this Title.
"Parking structures" [SR] (UNCL), exclusively "accessory" [SR] to a
permitted use allowed in the ORI Office Research Industrial District,
subject to the provisions of Chapter 19.45 of this Title.
"Refuse collection area" [SR].
"Signs" [SR] (UNCL), subject to the provisions of Chapter 19.50 of this
Title.
"Storage tanks" [SR] (UNCL).
"Temporary uses" [SR] (UNCL).
B. Conditional Uses: The following enumerated land uses shall be the only
land uses allowed as a conditional use in this PORI zoning district:
i. Municipal Services Division:
"Municipal facilities" [SR] (UNCL) on a zoning lot containing less than
two (2) acres of land.
ii. Public Administration Division:
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70
Public administration (J) on a zoning lot containing less than two (2) acres
of land.
iii. Services Division:
Carpet or rug cleaning, dying, or repairing plants (7217).
Child daycare services (835).
Dry-cleaning plants (7216).
Individual and family social services (832).
Industrial launderers (7218).
Power laundries (7211).
iv. Retail Trade Division:
Carryout restaurants (5812).
Drinking places (alcoholic beverages) (5813).
Eating places (5812).
"Outdoor eating and drinking facilities" [SR] (UNCL).
v. Manufacturing Division:
Chemicals and allied products (28).
Food and kindred products (20).
Lumber and wood products (24).
Paper and allied products (26).
Petroleum refining and related industries (29).
Rubber and miscellaneous plastics products (30).
Textile mill products (22).
vi. Transportation, Communication And Utilities Division:
"Conditional commercial antenna tower" [SR] (UNCL).
"Conditional commercial antennas and antenna structures mounted on
existing structures" [SR] (UNCL).
Heliports (458).
Natural gas storage.
"Other radio and television antennas" [SR] (UNCL).
"Other satellite dish antennas" [SR] (UNCL).
Pipelines, except natural gas (461).
Railroad tracks (401).
"Treatment, transmission and distribution facilities: equipment, equipment
buildings, towers, exchanges, substations, regulators" [SR] (UNCL).
Water transportation (44).
vii. Miscellaneous Uses Division:
"Accessory package liquor sales establishment" [SR] (UNCL).
"Accessory structures" [SR] (UNCL) to the conditional uses allowed in
the ORI Office Research Industrial District, subject to the provisions of
Section 19.12.500 of this Title.
"Accessory uses" [SR] (UNCL) to the conditional uses allowed in the ORI
Office Research Industrial District, subject to the provisions of Section
19.10.400 of this Title.
"Commercial operations yard" [SR] (UNCL).
"Master signage plan" [SR], subject to the provisions of Chapter 19.50 of
this Title.
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71
"Parking lots" [SR] (UNCL), subject to the provisions of Chapter 19.45 of
this Title.
"Parking structures" [SR], subject to the provisions of Chapter 19.45 of
this Title.
"Planned developments" [SR] (UNCL) on a zoning lot containing less
than two (2) acres of land, subject to the provisions of Chapter 19.60 of
this Title.
C. Similar Uses: The following enumerated land uses shall be subject to
classification as a permitted use or as a conditional use in the ORI Office
Research Industrial District or in a less restrictive zoning district, pursuant
to subsection 19.10.400H of this Title:
i. Services Division:
Business services not elsewhere classified (7389).
Laundry and garment services not elsewhere classified (7219).
Miscellaneous health and allied services not elsewhere classified (809).
Miscellaneous personal services not elsewhere classified (7299).
Services not elsewhere classified (899).
Social services not elsewhere classified (839).
ii. Manufacturing Division:
Miscellaneous Manufacturing industries (39).
iii. Transportation, Communication And Utilities Division:
Transportation services not elsewhere classified (4789). (Ord. G44-96 §
10, 1996; Ord. G81-95 § 1, 1995; Ord. G9-95 § 1, 1995; Ord. G23-94 §§
2-5, 1994; Ord. G45-92 § 2, 1992)
2. CF Land Uses. The following "land uses" [SR] shall be the only land uses
allowed as a "permitted use" [SR], as a "conditional use" [SR], or as a "similar use" [SR]
in this PORI Planned Office Research Industrial District, as amended.
A. Permitted Uses: The following enumerated land uses shall be the only
land uses allowed as a permitted use in this PORI zoning district:
Services Division:
Churches, convents, monasteries, and temples (8661)
Elementary and secondary schools (821)
B. Conditional Uses: The following enumerated land uses shall be the only
land uses allowed as a conditional use in this PORI zoning district:
Services Division:
“Institutional child daycare services” [SR] (8351)
G. Site Design. In this PORI District, the site design regulations shall be as required in the
ORI Office Research Industrial District, pursuant to Chapter 19.40.135 Site Design, of
the EMC, as may be amended from time to time. The development of land and structures
shall be in substantial conformance with the following:
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72
1. Substantial conformance to the Petitioner’s Statement of Purpose and
Conformance, submitted with the development application prepared by Heidner
Properties, Inc., dated March 23, 2007.
2. Substantial conformance to the Preliminary Engineering Plans (Sheets 2-3)
prepared by Carrol Engineering & Associates, P.C., and dated March 14, 2007
with latest revisions, dated July 5, 2007, with revisions as required by the
Engineering Department.
3. Substantial conformance to the Building Elevations, dated July 26, 2007, and
Floor Plans dated March 13, 2007, and prepared by Base Ten Architects, Inc.
4. Substantial conformance to the Enclosure Plan prepared by Base Ten Architects,
Inc. and dated June 20, 2007.
5. Substantial conformance to the Landscape Plan prepared by RYCO Construction
Company d/b/a RYCO Landscaping and dated September 27, 2007 with latest
revisions November 14, 2007.
6. Compliance with all other applicable codes and ordinances.
H. Off-Street Parking. In this PORI District, off street parking shall be subject to the
provisions of Chapter 19.45, Off Street Parking, of the EMC, as amended.
I. Off-Street Loading. In this PORI District, off street loading shall be subject to the
provisions of Chapter 19.47, Off Street Loading, of the EMC, as amended.
J. Signs. In this PORI 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 PORI 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 PORI zoning district authorize such an
application.
L. Planned Developments. . In this PORI 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 PORI zoning district and without
necessitating that all other property owners in this PORI zoning district authorize such an
application.
VOLUME LXXIII JANUARY 23, 2008
73
M. Conditional Uses. In this PORI 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
PORI zoning district and without necessitating that all other property owners in this
PORI zoning district authorize such an application.
N. Variations. In this PORI 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. Any of the requirements of this ordinance may be varied by
petition of a lot or property owner for a zoning lot without requiring an amendment to
this PORI zoning district and without necessitating that all other property owners in this
PORI 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.
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.
Section 4. That this ordinance shall be in full force and effect immediately after its
passage in the manner provided by law.
s/ Ed Schock
Ed Schock, Mayor
Presented: January 23, 2008
Passed: January 23, 2008
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: January 24, 2008
Published:
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
ORDINANCE G10-08 PASSED GRANTING A CONDITIONAL USE TO PERMIT
EXTERIOR BUILDING RENOVATIONS IN THE CC1 CENTER CITY DISTRICT AND
THE ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT (2 NORTH STATE
STREET)
JANUARY 23, 2008 VOLUME LXXIII
74
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. G10-08
AN ORDINANCE
GRANTING A CONDITIONAL USE TO PERMIT
EXTERIOR BUILDING RENOVATIONS
IN THE CC1 CENTER CITY DISTRICT AND THE
ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT
(2 North State Street)
WHEREAS, written application has been made requesting conditional use approval to
permit the exterior building renovations in the CC1 Center City District and the ARC Arterial
Road Corridor Overlay District; and
WHEREAS, the Zoning and Subdivision Hearing Board conducted a public hearing after
due notice by publication and has submitted its findings of fact and recommended approval; and
WHEREAS, the City Council of the City of Elgin concurs in the findings and
recommendation of the Zoning and Subdivision Hearing Board.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 5. That the City Council of the City of Elgin hereby adopts the Findings of
Fact, dated December 5, 2007, made by the Zoning and Subdivision Hearing Board, a copy of
which is attached hereto and made a part hereof by reference as Exhibit A.
Section 6. That a conditional use to permit the exterior building renovation in the CC1
Center City District and the ARC Arterial Road Corridor Overlay District at 2 North State Street
and legally described as follows:
The Southerly 22 feet of the Westerly 80 feet of the Easterly 90 feet of Lot 12,
Block 29 of the Original Town of Elgin on the West of the Fox River, in the City
of Elgin, Kane County, Illinois (property commonly known as 2 North State
Street).
be and is hereby granted subject to the following conditions:
1. Substantial conformance with the Statement of Purpose and Conformance,
submitted with letter signed by Mr. Abdyl Mehmeti, dated received
September 17, 2007.
2. Substantial conformance to the Building Elevation (Sheet MP-1) and Floor Plan
VOLUME LXXIII JANUARY 23, 2008
75
(Sheet A-1), prepared by Baranyk Associates, Ltd. Architects, Engineers and
Planners, and dated July 16, 2007, latest revisions dated October 2, 2007.
3. Compliance with all applicable codes and ordinances.
Section 7. That the conditional use granted herein shall expire if not established within
one year from the date of passage of this ordinance.
Section 8. 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: January 23, 2008
Passed: January 23, 2008
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: January 24, 2008
Published:
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
ORDINANCE G11-08 PASSED GRANTING A CONDITIONAL USE FOR PUBLIC
WAREHOUSING AND STORAGE IN THE ORI OFFICE RESEARCH INDUSTRIAL
DISTRICT (2590 ALFT LANE)
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. G11-08
AN ORDINANCE
GRANTING A CONDITIONAL USE FOR
PUBLIC WAREHOUSING AND STORAGE
IN THE ORI OFFICE RESEARCH INDUSTRIAL DISTRICT
(2590 Alft Lane)
WHEREAS, written application has been made requesting conditional use approval for
public warehousing and storage in the ORI Office Research Industrial District; and
JANUARY 23, 2008 VOLUME LXXIII
76
WHEREAS, the Zoning and Subdivision Hearing Board conducted a public hearing after
due notice by publication and has submitted its findings of fact and recommended approval; and
WHEREAS, the City Council of the City of Elgin concurs in the findings and
recommendation of the Zoning and Subdivision Hearing Board.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 9. That the City Council of the City of Elgin hereby adopts the Findings of
Fact, dated December 19, 2007, made by the Zoning and Subdivision Hearing Board, a copy of
which is attached hereto and made a part hereof by reference as Exhibit A.
Section 10. That a conditional use to permit the establishment of a public warehousing
and storage in the ORI Office Research Industrial District at 2590 Alft Lane and legally
described as follows:
Parcel One:
That Part Of Lot 27 In Westfield Business Park Plat No. 2 In The City Of Elgin,
Kane County, Illinois, Described As Follows: Commencing At The Northwest
Corner Of Said Lot 27; Thence South 01 Degrees 46 Minutes 55 Seconds West,
Along The West Line Of Said Lot 27, A Distance Of 741.04 Feet To A Line That
Is 741.00 Feet, As Measured At Right Angles, Southerly Of And Parallel With The
North Line Of Said Lot 27 For The Point Of Beginning; Thence South 88 Degrees
47 Minutes 42 Seconds East, Along Said Parallel Line, A Distance Of 417.09 Feet
To A Line That Is 66.00 Feet, As Measured At Right Angles, Westerly Of And
Parallel With The West Line Of Lot 7 Of Westfield Business Park, Being A
Subdivision Of Part Of Said Northeast Quarter Of Section 31; Thence South 01
Degrees 12 Minutes 15 Seconds West, Along Said Parallel Line, A Distance Of
538.91 Feet To The South Line Of Said Lot 27; Thence North 88 Degrees 47
Minutes 45 Seconds West, Along Said South Line, A Distance Of 422.52 Feet To
The Southwest Corner Of Said Lot 27; Thence North 01 Degrees 46 Minutes 55
Seconds East, Along Said West Line Of Lot 27, A Distance Of 538.94 Feet To The
Point Of Beginning, Being Situated In The City Of Elgin, Kane County, Illinois.
(Property Commonly Known As 2590 Alft Lane).
be and is hereby granted subject to the following conditions:
1. Substantial conformance with the Statement of Purpose and Conformance,
submitted with the development application and cover letter signed by Sunny
Anderson, Elgin Property Development, L.L.C., dated November 28, 2007.
4. Substantial conformance to the Plans (Sheets T1, A101, A300), prepared by
SKJN Architekten Corporation, dated September 9, 2007.
5. Compliance with all applicable codes and ordinances.
VOLUME LXXIII JANUARY 23, 2008
77
Section 11. That the conditional use granted herein shall expire if not established within
one year from the date of passage of this ordinance.
Section 12. 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: January 23, 2008
Passed: January 23, 2008
Vote: Yeas: 7 Nays: 0
Recorded: January 24, 2008
Published:
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
ORDINANCE G12-08 PASSED AMENDING CERTAIN PARKING RESTRICTIONS
WITHIN THE CITY OF ELGIN
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. G12-08
AN ORDINANCE
AMENDING CERTAIN PARKING RESTRICTIONS WITHIN THE CITY OF ELGIN
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS:
Section 1. That Title 11, Chapter 11.60 of the Elgin Municipal Code, 1976, as
amended, be and is hereby further amended by adding to the list of streets where parking is
prohibited under Section 11.60.050O the following:
“Raymond Street – West – 180 feet from Gifford Place (Armory Building) to be
designated “No Parking between Signs-Government Vehicle Parking Only”.
Section 2. That Section 11.32.030 of the Elgin Municipal Code, 1976, as amended,
entitled "Stop Intersections" be and is hereby further amended by adding the following:
JANUARY 23, 2008 VOLUME LXXIII
78
"Millennium - Westbound at Gateway."
Section 3. That Section 11.60.156 of the Elgin Municipal Code, 1976, as amended,
entitled “Handicapped Parking Spaces” be and is hereby further amended by adding the
following:
“Drake Field, Hastings Street and Lavoie Avenue, one (1) space;
National Street municipal lot – southeast corner – three (3) spaces.”
Section 4. That all ordinances or parts of ordinances in conflict with the provisions of
this ordinance be and are hereby repealed.
Section 5. That this ordinance shall be in full force and effect ten days after its passage
in the manner provided by law.
s/ Ed Schock
Ed Schock, Mayor
Presented: January 23, 2008
Passed: January 23, 2008
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: January 24, 2008
Published: January 25, 2008
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
RESOLUTION 08-11 ADOPTED AUTHORIZING THE DISTRIBUTION OF GRANTS
TO YOUTH SPORTS ORGANIZATIONS
Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain,
Powers, Steffen, Walters, and Mayor Schock. Nays: None.
Resolution No. 08-11
RESOLUTION
AUTHORIZING THE DISTRIBUTION OF GRANTS TO
YOUTH SPORTS ORGANIZATIONS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Olufemi Folarin, City Manager, is hereby authorized and directed to distribute grants to the
VOLUME LXXIII JANUARY 23, 2008
79
following youth sports organizations for the purposes specified herein and pursuant to the terms
and conditions in the agreements between the City of Elgin and the respective youth sports
organizations:
League Project Request
Elgin American Little League 8 Dugout Benches $ 3,500
8 Picnic Tables $ 3,700
Backstop Overhang Field 4 $ 2,157
TOTAL $ 9,357
American Legion Bullpen repair and lights $ 1,500
TOTAL $ 1,500
Elgin Classic Little League Fencing Repairs $ 5,000
Water Line Supply $ 3,000
Security Lighting $ 2,000
Field Improvements $ 2,000
TOTAL $ 12,000
Elgin Continental Little League Bleachers and Shade Structure $ 12,000
TOTAL $ 12,000
Elgin National Little League Stair Replacement and Fence Repairs $ 6,000
TOTAL $ 6,000
Babe Ruth Teener League Grade and Replace Infields $ 9,015
TOTAL $ 9,015
Elgin Youth Football Pad Repair and Replacement $ 1,775
Gas Line for Grilling $ 550
Blacktop Seal Coating $ 875
TOTAL $ 3,200
Elgin Kickers 3, 7’x 21’ Goals $ 3,900
Expanded Shed $ 650
2 Shooting Goals $ 1,200
TOTAL $ 5,750
Training Coach’s Training for all Leagues $ 4,000
TOTAL $ 4,000
JANUARY 23, 2008 VOLUME LXXIII
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Contingency* $ 4,058
Total Grant Allocation $ 66,880
* Remaining contingency funds will be allocated to Continental Little League for additional
bleacher replacement after all bills are paid.
s/ Ed Schock
Ed Schock, Mayor
Presented: January 23, 2008
Adopted: January 23, 2008
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
RESOLUTION 08-12 ADOPTED AUTHORIZING EXECUTION OF A PROFESSIONAL
SERVICES AGREEMENT WITH BTE VIDEO, 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.
Resolution No. 08-12
RESOLUTION
AUTHORIZING EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT
WITH BTE VIDEO, INC.
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 BTE Video,
Inc. for local programming, a copy of which is attached hereto and made a part hereof by
reference.
s/ Ed Schock
Ed Schock, Mayor
VOLUME LXXIII JANUARY 23, 2008
81
Presented: January 23, 2008
Adopted: January 23, 2008
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
ORDINANCE S2-08 PASSED GRANTING A VARIANCE FROM CERTAIN
PROVISIONS OF THE STORMWATER MANAGEMENT ORDINANCE FOR THE
PROPERTY COMMONLY KNOWN AS 3750-3751 WEST HIGHLAND AVENUE (HPI-
EAST ASSEMBLAGE) (PETITION 69-07)
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. S2-08
AN ORDINANCE
GRANTING A VARIANCE FROM CERTAIN PROVISIONS OF THE
STORMWATER MANAGEMENT ORDINANCE
FOR THE PROPERTY COMMONLY KNOWN AS
3750-3751 WEST HIGHLAND AVENUE
(HPI-East Assemblage) (Petition 69-07)
WHEREAS, the approved preliminary plan for the property at 3750 and 3751 West
Highland Avenue (the “Subject Property) provides for 1,562 dwelling units, 70 acres of land
proposed for commercial development, a school site, a community recreation facility, active park
sites, passive open space areas and associate stormwater detention facilities; and
WHEREAS, the city has adopted a Stormwater Management Ordinance to promote
effective, equitable, acceptable and legal stormwater management measures by establishing
reasonable rules and regulations for development that include managing and mitigating the
effects of urbanization on stormwater drainage through planning, appropriate engineering
practices and proper maintenance, and through the promulgation of rules and regulations for
protecting the public health and safety and reducing the potential for loss of human life and
property from flood damage; and
WHEREAS, the Stormwater Management Ordinance is codified in Title 21 of the Elgin
Municipal Code and includes standards and procedures for granting variances from the
provisions of the Stormwater Management Ordinance when strict compliance with the
requirements of the Stormwater Management Ordinance are impracticable; and
JANUARY 23, 2008 VOLUME LXXIII
82
WHEREAS, Section 203(h)(1) of the stormwater management ordinance requires a
minimum freeboard of two feet above the base flood elevation around the perimeter of a
detention facility; and
WHEREAS, the owner of the Subject Property has applied pursuant to Petition 69-07 for
a variation of Section 203(h)(1) of the Kane County Stormwater Ordinance which requires a
minimum freeboard of two feet above the base elevation around the perimeter of a detention
facility so as to allow the freeboard above the high water level on two detention basins, being
basins 5 and 17, to be less than the required two (2) feet at certain specified locations around the
perimeter of the two basins with a minimum freeboard being no less than 1’3” at the specified
locations; and
WHEREAS, the detention volume to be provided within the proposed stormwater
detention facilities on the Subject Property satisfies all requirements of the city’s stormwater
ordinance; and
WHEREAS, the requested variation will not increase the probability of flood damage or
create an additional threat to public health, safety and welfare, nor lessen the degree of protection
to any structure, two feet of freeboard will be retained around the majority of the perimeter of the
two basins to which the variation request refers, and where the required two feet of freeboard
cannot be provided, a minimum of 1’3” will be required; and
WHEREAS, the requested variation is limited to specific locations on the perimeter of
two of the detention basins, is the minimum required to work within the constraints caused by
the fixed grade elevations of adjoining roadways and the natural topography of the surrounding
land; and
WHEREAS, the Subject Property has been significantly impacted by the natural
topography of the existing roadways and adjacent properties and the developer is meeting all of
the other requirements of Title 21 relative to the design of the basins; and
WHEREAS, the city’s consulting engineer for this matter and the city engineer have
concurred that the variance submittal is in conformance with the Kane County Stormwater
Ordinance requirements; and
WHEREAS, the city’s Planning and Development Commission unanimously
recommended the approval of the variation request under Petition 69-07.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS as follows:
Section 1. Incorporation of Preambles. The preambles of this ordinance are hereby
incorporated into this ordinance as if set out herein in full.
Section 2. In accordance with the procedures set forth in Article 9 of the Stormwater
Management Ordinance, Petition 69-07, seeking a variation from the provisions of Section
VOLUME LXXIII JANUARY 23, 2008
83
203(h)(1) of the Stormwater Management Ordinance which establishes a minimum freeboard of
two feet above the base flood elevation on the perimeter of a detention facility, is hereby granted
on the specified portions of the detention basins 5 and 17 proposed to be located on the property
at 3750 and 3751 West Highland Avenue, Elgin, Illinois, subject to the owner’s substantial
conformance with the Statement of Purpose for Variance Submittal, prepared by Cowhey
Gudmundson Leder, Ltd., dated June 26, 2007.
Section 3. That this ordinance shall be in full force and effect immediately upon its
passage and publication in the manner provided by law.
_s/ Ed Schock_____________________
Ed Schock, Mayor
Presented: January 23, 2008
Passed: January 23, 2008
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: January 24, 2008
Published: January 25, 2008
Attest:
_s/ Diane Robertson________________
Diane Robertson, City Clerk
REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE
Councilmember Walters 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.
Telecommunications Tax Report for December 2007
Building Commission Minutes for September 20, 2007, and October 4, 2007
Cultural Arts Commission Minutes for November 12, 2007
Emergency Telephone System Board Minutes for November 15, 2007
Golf Leadership Team Minutes for November 14, 2007
Heritage Design Review Subcommittee Minutes for November 13, 2007
Image Advisory Commission Minutes for May 21, 2007, and June 25, 2007
Liquor Control Commission Minutes of February 7, 2007, and April 10, 2007
Planning and Development Commission Minutes of September 4, 2007, and October 1, 2007
Zoning and Subdivision Hearing Board Minutes of December 5, 2007
Committee of the Whole Minutes for December 19, 2007
City Council Minutes for December 19, 2007
Disbursement Report
JANUARY 23, 2008 VOLUME LXXIII
84
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 8:45 p.m.
s/Diane Robertson February 13, 2008
Diane Robertson, City Clerk Date Approved