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HomeMy WebLinkAboutw - December 2, 2009 CC765 VOLUME LXXIV DECEMBER 2, 2009 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 December 2, 2009, in the Council Chambers. The meeting was called to order by Mayor Schock at 7:15 p.m. The Invocation was given by Pastor Christine Rodriguez of Family Life Church and the Pledge of Allegiance was led by Councilmember Bob Gilliam. ROLL CALL Roll call was answered by Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Absent: None. MINUTES OF THE NOVEMBER 18, 2009, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Steffen made a motion, seconded by Councilmember Gilliam, to approve the November 18, 2009, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. COMMUNICATIONS Pearl Harbor Remembrance Day Proclamation Mayor Schock read a proclamation in remembrance of the attack on Pearl Harbor. The proclamation was accepted by Gene Benke, a member of the local VFW. Also present was Representative Keith Farnham. RECOGNIZE PERSONS PRESENT Sean Michaels introduced himself as a candidate for the 25th district senate seat. DECEMBER 2, 2009 VOLUME LXXIV 766 BID 09-067 AWARDED TO TRINE CONSTRUCTION FOR BENT STREET COMBINED SEWER SEPARATION PROJECT Councilmember Kaptain made a motion, seconded by Councilmember Steffen, to approve an agreement with Trine Construction in the amount of $1,435,400 for the Bent Street Combined Sewer Separation Project. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. STATE BID CONTRACT APPROVED WITH NEOPOST FOR THE LEASE OF A NEW POSTAGE METER Councilmember Steffen made a motion, seconded by Councilmember Kaptain, to approve an agreement with Neopost for the lease in the amount of $479 a month for of a new postage meter. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. PUBLIC HEARING ON TRUTH IN TAXATION Mayor Schock declared the public hearing open. Fiscal Services Group Director Nowicki stated although the levy for the general fund had increased by 7.2%, the overall levy had decreased by 2.9%. He stated this is the eighteenth year that the property tax has remained at the $1.92 rate. There being no questions from the audience, Mayor Schock declared the public hearing closed. AUTHORIZATION OF PAYMENTS TO VARIOUS VENDORS Councilmember Gilliam made a motion, seconded by Councilmember Kaptain, to authorize the following payments. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. PAYEE AMOUNT REASON Badger Meter Milwaukee, WI $ 14,096.16 Water meters throughout the City CONSENT AGENDA By unanimous consent, Councilmember Warren made a motion, seconded by Councilmember Steffen, to pass Ordinance Nos. G64-09 and T45-09, and adopt Resolution Nos. 09-246 through 09-254 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. VOLUME LXXIV DECEMBER 2, 2009 767 RESOLUTION 09-246 ADOPTED AUTHORIZING THE DISPOSITION OF FIRE ENGINE TO ELGIN COMMUNITY COLLEGE Councilmember Warren made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Resolution No. 09-246 RESOLUTION AUTHORIZING THE DISPOSITION OF FIRE ENGINE TO ELGIN COMMUNITY COLLEGE WHEREAS, it is the opinion of the corporate authorities of the City of Elgin that a certain 1988 Emergency-One fire engine is no longer necessary or useful to the City of Elgin; and WHEREAS, said 1988 Emergency-One fire engine is needed and useful to Elgin Community College to support the educational and training efforts of the Elgin Community College Fire Science and Safety curriculum. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City Manager is authorized and directed to transfer all right, title, interest and possession of the 1988 Emergency-One fire engine to Elgin Community College. s/ Ed Schock Ed Schock, Mayor Presented: December 2, 2009 Adopted: December 2, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk DECEMBER 2, 2009 VOLUME LXXIV 768 RESOLUTION 09-247 ADOPTED AUTHORIZING EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT WITH KRUEGER APPRAISAL SERVICES, INC. FOR THE CITY’S NEIGHBORHOOD STABILIZATION PROGRAM Councilmember Warren made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Resolution No. 09-247 RESOLUTION AUTHORIZING EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT WITH KRUEGER APPRAISAL SERVICES, INC. FOR THE CITY‟S NEIGHBORHOOD STABILIZATON PROGRAM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute a professional services agreement on behalf of the City of Elgin with Krueger Appraisal Services, Inc. for appraisal services for the City‟s Neighborhood Stabilization Program, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: December 2, 2009 Adopted: December 2, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-248 ADOPTED AUTHORIZING EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT WITH OVINGTON APPRAISAL SERVICE FOR THE CITY’S NEIGHBORHOOD STABILIZATION PROGRAM Councilmember Warren made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. VOLUME LXXIV DECEMBER 2, 2009 769 Resolution No. 09-248 RESOLUTION AUTHORIZING EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT WITH OVINGTON APPRAISAL SERVICE FOR THE CITY‟S NEIGHBORHOOD STABILIZATON PROGRAM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute a professional services agreement on behalf of the City of Elgin with Ovington Appraisal Service for appraisal services for the City‟s Neighborhood Stabilization Program, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: December 2, 2009 Adopted: December 2, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-249 ADOPTED AUTHORIZING EXECUTION OF AN IDOT CONSTRUCTION ENGINEERING SERVICES AGREEMENT FOR FEDERAL PARTICIPATION ON BEHALF OF THE CITY OF ELGIN WITH WILLS BURKE KELSEY ASSOCIATES, LTD. FOR WING STREET/STATE STREET PROJECT Councilmember Warren made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Resolution No. 09-249 RESOLUTION AUTHORIZING EXECUTION OF AN IDOT CONSTRUCTION ENGINEERING SERVICES AGREEMENT FOR FEDERAL PARTICIPATION ON BEHALF OF THE CITY OF ELGIN WITH WILLS BURKE KELSEY ASSOCIATES, LTD. FOR WING STREET/STATE STREET PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute IDOT Standard Construction Engineering Services Agreement for Federal Participation on behalf of the City of Elgin with Wills Burke Kelsey DECEMBER 2, 2009 VOLUME LXXIV 770 Associates, Ltd. for the Wing Street/ State Street Intersection Project, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: December 2, 2009 Adopted: December 2, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-250 ADOPTED ACCEPTING FOR OWNERSHIP AND MAINTENANCE THE BOWES CREEK COUNTRY CLUB (NORTH) LIFT STATION Councilmember Warren made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Resolution No. 09-250 RESOLUTION ACCEPTING FOR OWNERSHIP AND MAINTENANCE THE BOWES CREEK COUNTRY CLUB (NORTH) LIFT STATION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin hereby accepts for ownership and maintenance the Bowes Creek Country Club (North) Lift Station constructed by Toll Brothers, Inc. The acceptance of this lift station will add one lift station, approximately 250 lineal feet of 24 inch diameter sanitary sewer and approximately 1,400 lineal feet of 12 inch and 18 inch diameter force main to the City‟s inventory. s/ Ed Schock Ed Schock, Mayor VOLUME LXXIV DECEMBER 2, 2009 771 Presented: December 2, 2009 Adopted: December 2, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-251 ADOPTED APPOINTING VARIOUS MEMBERS TO BOARDS AND COMMISSIONS Councilmember Warren made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Resolution No. 09-251 RESOLUTION APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Karyn Garcia be and is hereby appointed as a member of the Centre Advisory Board, to fill a vacant position, for term to expire July 1, 2010. BE IT FURTHER RESOLVED that Randell Reopelle and Sean Stegall be and are hereby reappointed as members of the Elgin Area Convention and Visitors Bureau Board, each for a term that expires December 31, 2011. s/ Ed Schock Ed Schock, Mayor Presented: December 2, 2009 Adopted: December 2, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk DECEMBER 2, 2009 VOLUME LXXIV 772 RESOLUTION 09-252 ADOPTED APPROVING FINAL PLAT FOR GRABER SUBDIVISION (1391-95 GIFFORD ROAD) Councilmember Warren made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Resolution No. 09-252 RESOLUTION APPROVING FINAL PLAT FOR GRABER SUBDIVISION (1391-95 Gifford Road) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the final plat prepared by Mackie Consultants LLC dated July 8, 2009, and last revised August 19, 2009 for Graber Subdivision. s/ Ed Schock Ed Schock, Mayor Presented: December 2, 2009 Adopted: December 2, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-253 ADOPTED AUTHORIZING EXECUTION OF A FIRST AMENDMENT TO ANNEXATION AGREEMENT WITH ABCP INVESTMENTS, LLC (CAPITAL CORPORATE CENTER) Councilmember Warren made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. VOLUME LXXIV DECEMBER 2, 2009 773 Resolution No. 09-253 RESOLUTION AUTHORIZING EXECUTION OF A FIRST AMENDMENT TO ANNEXATION AGREEMENT WITH ABCP INVESTMENTS, LLC (Capital Corporate Center) WHEREAS, the owners of certain property commonly known as Capital Corporate Center at 1760 Capital Street have proposed that the annexation agreement between the owners and the City of Elgin concerning said property be amended; and WHEREAS, after due notice as required by law, a public hearing on said proposal was held by the corporate authorities of the City of Elgin; and WHEREAS, the proposed First Amendment to Annexation Agreement with ABCP Investments, LLC is in the best interests of the City of Elgin. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute, on behalf of the City of Elgin, the First Amendment to Annexation Agreement with ABCP Investments, LLC, a copy of which is attached hereto. s/ Ed Schock Ed Schock, Mayor Presented: December 2, 2009 Adopted: December 2, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-254 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE INSTITUTE OF ISLAMIC EDUCATION FOR PURCHASE OF BURIAL SPACES AT BLUFF CITY CEMETERY Councilmember Warren made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. DECEMBER 2, 2009 VOLUME LXXIV 774 Resolution No. 09-254 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE INSTITUTE OF ISLAMIC EDUCATION FOR PURCHASE OF BURIAL SPACES AT BLUFF CITY CEMETERY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute an Agreement with the Institute of Islamic Education for the purchase of burial spaces at Bluff City Cemetery on behalf of the City of Elgin, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: December 2, 2009 Adopted: December 2, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G64-09 PASSED AMENDING PORI PLANNED OFFICE RESEARCH INDUSTRIAL DISTRICT ORDINANCE NO. G21-07 (CAPITAL CORPORATE CENTER SUBDIVISION Councilmember Warren made a motion, seconded by Councilmember Steffen, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Ordinance No.G64-09 AN ORDINANCE AMENDING PORI PLANNED OFFICE RESEARCH INDUSTRIAL DISTRICT ORDINANCE NO. G21-07 (Capital Corporate Center Subdivision) WHEREAS, the territory herein described has previously been classified in the PORI Planned Office Research Industrial District pursuant to Ordinance No. G21-07; and VOLUME LXXIV DECEMBER 2, 2009 775 WHEREAS, written application has been made to amend certain provisions within Ordinance No. G21-07; and WHEREAS, after due notice in the manner provided by law the Planning and Development Commission conducted public hearings concerning said application and has submitted its written findings and recommendations; and WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Planning and Development Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated October 5, 2009, made by the Planning and Development Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Ordinance No. G21-07 classifying the territory herein described in the PORI Planned Office Research Industrial District be and is hereby amended in its entirety and is hereinafter set forth in this ordinance. Section 2. That Chapter 19.07, Section 19.07.600 entitled “Zoning District Map” of the Elgin Municipal Code, 1976, as amended, be and the same is hereby further amended by adding thereto the following paragraph: The boundaries herein before laid out in the „Zoning District Map‟, as amended, be and are hereby altered by including in the PORI Planned Office Research Industrial District, the following described property: Capital Corporate Center, being a subdivision of that part of the Northeast Quarter of Section 31, Township 42 North, Range 8 East of the Third Principal Meridian, according to the plat thereof, recorded in the office of the Recorder of Deeds Of Kane County, Illinois on August 1, 2007, as Document 2007K80199 and the Certificate of Correction Recorded August 22, 2007, as Document No. 2007K87599, in the City of Elgin Kane County Illinois. Section 3. That the City Council of the City of Elgin hereby classifies the subject property in the PORI Planned Office Research Industrial District in accordance with the following provisions: A. Purpose and Intent. The purpose of the PORI Office Research Industrial District is to provide a planned industrial environment that fosters a sense of place and destination within a coordinated campus or park setting, subject to the provisions of Chapter 19.60, Planned Developments. A PORI zoning district is most similar to, but departs from the standard requirements of the ORI zoning district. B. Supplementary Regulations. Any word or phrase contained herein, followed by the symbol “(SR)”, shall be subject to the definitions and the additional DECEMBER 2, 2009 VOLUME LXXIV 776 interpretive requirements provided in Chapter 19.90, Supplementary Regulations, of the Elgin Municipal Code, as amended. The exclusion of such symbol shall not exempt such word or phrase from the applicable supplementary regulation. C. General Provisions. In this PORI zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.05, General Provisions, of the Elgin Municipal Code, as amended. D. Zoning Districts - Generally. In this PORI zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.07, zoning Districts, of the Elgin Municipal Code, as amended. E. Land Use. In this PORI zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.10 Land Use, of the Elgin Municipal Code, as amended. 1. Land Use Regulations for Lot 3, as identified on the Preliminary Plat of Subdivision, prepared by Spaceco Inc., and dated January 30, 2006, with the latest revisions dated December 8, 2006: The “PORI Land Uses”, as identified in Section E.5.A & B, below, shall be the only land uses allowed as a “permitted use” (SR) or as a “conditional use” (SR) on Lot 3 of this PORI district. 2. Land Use Regulations for Lots 1, 2, 4, and 5 as identified on the Preliminary Plat of Subdivision, prepared by Spaceco, Inc., and dated January 30, 2006, with the latest revisions dated December 8, 2006: a. The “PORI Land Uses”, as identified in section E.5.A & B, below, and the “AB Land Uses”, as identified in section E.6.A & B, below, shall be the only land uses allowed as a “permitted use” (SR) or as a “conditional use” (SR) on Lots 1, 2, 4 and 5 of this PORI district. b. No Bracketed PORI Land Use (as hereafter defined) shall be located on Lot 2 where Bracketed AB Land Uses have been established on Lots 1 and 4 unless otherwise approved by the City's zoning administrator or by the corporate authorities if the City of Elgin. c. Similarly, no Bracketed PORI Land Use (as hereafter defined) shall be located on Lot 4 where Bracketed AB Land Uses have been established on Lots 2 and 5 unless otherwise approved by the City's zoning administrator or by the corporate authorities if the City of Elgin. VOLUME LXXIV DECEMBER 2, 2009 777 d. The following land use shall be permitted on and restricted exclusively to Lot 2. Services Division: Skilled Nursing Facility (805) encompassing nursing and rehabilitative services, such rehabilitative services being limited to physical rehabilitation only, and excluding treatment for psychological or psychiatric reasons, or alcohol and drug abuse as primary diagnoses. 3. Land Use Regulations for Lots 6 and 7 as identified on the Preliminary Plat of Subdivision, prepared by Spaceco, Inc., and dated January 30, 2006, with the latest revisions dated December 8, 2006: a. The “PORI Land Uses”, as identified in section E.5.A & B, below, and the “AB Land Uses”, as identified in section E.6.A & B, below, shall be the only land uses allowed as a “permitted use” (SR) or as a “conditional use” (SR) on Lots 6 and 7 of in this PORI district. b. No Bracketed PORI Land Use (as hereafter defined) shall be established on either Lot 6 or 7 when a Bracketed AB Land Use (as hereafter defined) has been established first on either lot. 4. Land Use Regulations for Lot 8 as identified on the Preliminary Plat of Subdivision, prepared by Spaceco, Inc., and dated January 30, 2006, with the latest revisions dated December 8, 2006: a. The “PORI Land Uses”, as identified in Section E.5.A & B, below, and the “AB Land Uses”, as identified in section E.6.A & B, below, shall be the only land uses allowed as a “permitted use” (SR) or as a “conditional use” (SR) on Lot 8 of this PORI district. 5. PORI Land Uses. The following “land uses” (SR) shall be the only land uses allowed as a “permitted use” (SR) or as a “conditional use” (SR) in this PORI district. A. Permitted Uses. The following enumerated land uses shall be the only land uses allowed as a permitted use in this PORI zoning district. Those uses set forth in brackets "[use]" shall herein be referred to as "Bracketed PORI Land Uses": i. Municipal Services Division: Public parks, recreation, open space (UNCL) on a "zoning lot" [SR] containing less than two (2) acres of land. ii. Offices Division: "Offices" [SR] (UNCL). DECEMBER 2, 2009 VOLUME LXXIV 778 iii. Finance, Insurance, And Real Estate Division: "Development sales offices" [SR] (UNCL). Finance, insurance, and real estate (H), subject to the provision that there be no more than one banking institution in the subdivision. iv. Services Division: Advertising (731). Carpet and upholstery cleaning agents without plants on the premises (7217). Commercial, economic, sociological, and educational research (8732). Commercial physical and biological research (8731). Computer programming, data processing, and other computer- related services (737). Computer rental and leasing (7377). Consumer credit reporting agencies, mercantile reporting agencies, and adjustment and collection agencies (732). Detective and guard services (7381). Electrical and electronic repair shops (7629). Engineering, accounting, research, management, and related services (87). Home health care services (808). "Hotels and motels" [SR] (701). Job training and vocational rehabilitation services (833). Legal services (811). Libraries (823). Linen supply (7213). Mailing, reproduction, commercial art and photography, and stenographic services (733). Management and public relations services (874). Medical and dental laboratories (807). Membership organizations (86). Motion picture distribution and allied services (782). Motion picture production and allied services (781). News syndicates (7383). Noncommercial research organizations (8733). Offices and clinics of dentists (802). Offices and clinics of doctors of medicine (801). Offices and clinics of doctors of osteopathy (803). Offices and clinics of other health practitioners (804). Other schools and educational services (829). Outdoor advertising services (7312). Personnel supply services (736). [Photofinishing laboratories (7384)]. Physical Fitness Facilities (7999) Professional sports operators and promoters (7941). [Refrigerator and air-conditioning service and repair (7623).] VOLUME LXXIV DECEMBER 2, 2009 779 [Reupholstery and furniture repair (764).] Security systems services (7382). Tax return preparation services (7291). [Testing laboratories (8734).] Theatrical producers (792). Vocational schools (824). v. Retail Trade Division: Automatic merchandising machine operators (5962). Catalog and mail-order houses (5961). vi. Agricultural Division: Crop services (072). Farm labor and management services (076). Landscape counseling and planning (0781). Soil preparation services (071). vii. Construction Division: ["Contractor's office and equipment areas" [SR] (UNCL).] viii. Manufacturing Division: [Apparel and other finished products made from fabrics and similar materials (23).] [Computer and office equipment (357).] [Electronic and other electrical equipment and components (36).] [Fabricated metal products (34).] [Furniture and fixtures (25).] [Industrial and commercial machinery and equipment (35).] [Leather and leather products (31).] [Measuring, analyzing, and controlling instruments;] photographic, medical, and optical goods; and watches and clocks (38).] [Primary metal industries (33).] [Printing, publishing, and allied industries (27).] [Stone, clay, glass and concrete products (32).] [Tobacco products (21).] [Transportation equipment (37).] ix. Wholesale Trade Division: Apparel piece goods and notions (513). Beer, wine and distilled alcoholic beverages (518). Drugs, drug proprietary and druggists' sundries (512). Chemicals and allied products (516). Electrical goods (506). [Farm product raw materials (515).] Furniture and home furnishings (502). Groceries and related products (514). [Hardware, and plumbing and heating equipment and supplies (507).] [Lumber and other construction materials (503).] DECEMBER 2, 2009 VOLUME LXXIV 780 [Machinery, equipment, and supplies (508).] [Metals and minerals, except petroleum (505).] Motor vehicles and motor vehicle parts and supplies (501). Paper and paper products (511). [Petroleum and petroleum products (517)]. Professional and commercial equipment and supplies (504). x. Transportation, Communication And Utilities Division: "Amateur radio antennas" [SR] (UNCL). Arrangement of passenger transportation (472). Arrangement of transportation of freight and cargo (473). Branch United States post offices (4311). Bus charter service operators offices (414). Cable and other pay television services (484). "Commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL). Communication services not elsewhere classified (489). Courier services (4215). Freight forwarding in general (4731), subject to the provision that it is allowed as a permitted use on lot 3, and as a conditional use on all other lots. Intercity and rural bus transportation operators' offices (413). Local and suburban passenger transportation operators' offices (411). [Natural gas transmission and distribution (4922) (4924).] [Packing and crating (4783).] [Public warehousing and storage (422), subject to the provision that it is allowed as a permitted use on lot 3, and as a conditional use on all other lots] "Radio and television antennas" [SR] (UNCL). Radio and television broadcasting stations (483). Railroad operators' offices (401). "Satellite dish antennas" [SR] (UNCL). School bus operators' offices (415). Taxicab operators' offices (412). Telegraph and other message communications (482). Telephone communications (481). "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. VOLUME LXXIV DECEMBER 2, 2009 781 "Fences and walls" [SR] (UNCL). "Loading facilities" [SR] (UNCL), exclusively "accessory" [SR] to a permitted use allowed in the ORI Office Research Industrial District, subject to the provisions of Chapter 19.47 of this Title. "Parking lots" [SR] (UNCL), exclusively "accessory" [SR] to a permitted use allowed in the ORI Office Research Industrial District, subject to the provisions of Chapter 19.45 of this Title. "Parking structures" [SR] (UNCL), exclusively "accessory" [SR] to a permitted use allowed in the ORI Office Research Industrial District, subject to the provisions of Chapter 19.45 of this Title. "Refuse collection area" [SR]. "Signs" [SR] (UNCL), subject to the provisions of Chapter 19.50 of this Title. "Storage tanks" [SR] (UNCL). "Temporary uses" [SR] (UNCL). B. Conditional Uses: The following enumerated land uses shall be the only land uses allowed as a conditional use in this PORI Planned Office Research Industrial District: i. Municipal Services Division: "Municipal facilities" [SR] (UNCL) on a zoning lot containing less than two (2) acres of land. ii. Public Administration Division: Public administration (J) on a zoning lot containing less than two (2) acres of land. iii. Services Division: Armored car service (7381). Carpet or rug cleaning, dying, or repairing plants (7217). Child daycare services (835). Dry-cleaning plants (7216). Individual and family social services (832). Industrial launderers (7218). Power laundries (7211). Truck route laundry and dry cleaning not operated by laundries or cleaners (7212). iv. Manufacturing Division: Chemicals and allied products (28). Food and kindred products (20). Lumber and wood products (24). Paper and allied products (26). Petroleum refining and related industries (29). Rubber and miscellaneous plastics products (30). Textile mill products (22). v. Transportation, Communication And Utilities Division: "Commercial antenna tower" [SR] (UNCL). DECEMBER 2, 2009 VOLUME LXXIV 782 "Conditional commercial antenna tower" [SR] (UNCL). "Conditional commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL). Heliports (458). Natural gas storage. "Other radio and television antennas" [SR] (UNCL). "Other satellite dish antennas" [SR] (UNCL). Pipelines, except natural gas (461). Public warehousing and storage (422). Railroad tracks (401). "Treatment, transmission and distribution facilities: equipment, equipment buildings, towers, exchanges, substations, regulators" [SR] (UNCL). Water transportation (44). vii. Miscellaneous Uses Division: "Accessory package liquor sales establishment" [SR] (UNCL). "Accessory structures" [SR] (UNCL) to the conditional uses allowed in the ORI Office Research Industrial District, subject to the provisions of Section 19.12.500 of this Title. "Accessory uses" [SR] (UNCL) to the conditional uses allowed in the ORI Office Research Industrial District, subject to the provisions of Section 19.10.400 of this Title. "Commercial operations yard" [SR] (UNCL). "Master signage plan" [SR], subject to the provisions of Chapter 19.50 of this Title. “Outdoor display areas” [SR] (UNCL) “Outdoor display lots” [SR] (UNCL) "Parking lots" [SR] (UNCL), subject to the provisions of Chapter 19.45 of this Title. "Parking structures" [SR], subject to the provisions of Chapter 19.45 of this Title. "Planned developments" [SR] (UNCL) on a zoning lot containing less than two (2) acres of land, subject to the provisions of Chapter 19.60 of this Title. 6. AB Land Uses. The following “land uses” (SR) shall be the only land uses allowed as a “permitted use” (SR) or as a “conditional use” (SR) in this PORI district. Those uses set forth in brackets "[use]" shall herein be referred to as "Bracketed AB Land Uses": A. Permitted Uses: The following enumerated AB Area Business land uses shall be the only land uses allowed as a permitted use in this PORI District: i. Services Division: Automotive renting and leasing without drivers (751). Barbershops (724). VOLUME LXXIV DECEMBER 2, 2009 783 Beauty shops (723). Garment pressing, and agents for laundries and dry cleaners (7212). Miscellaneous equipment rental and leasing (735). Motion picture theaters (7832). Physical fitness facilities (7999) Photographic studios, portrait (722). Radio and television repair shops (7622). Videotape rental (784). ii. Retail Trade Division: [Apparel and accessory stores (56).] Building materials, hardware and garden supply (52). [Carryout restaurants (5812).] [Drinking places (alcoholic beverages) (5813).] Drugstores and proprietary stores (591). [Eating places (5812).] [Florists (5992).] Food stores (54). [General merchandise stores (53).] [Home furniture, furnishings and equipment stores (57).] Miscellaneous retail stores not elsewhere classified (5999). [Miscellaneous shopping goods stores (594).] Motor vehicle dealers (5994). [News dealers (5994).] [Optical goods stores (5995).] ["Outdoor eating and drinking facilities" [SR] (UNCL).] iii. Agricultural Division: Dog grooming (0752). Farm labor and management services (076). Landscape counseling and planning (0781). Lawn and garden services (0782). Ornamental shrub and tree services (0783). Veterinary services for household pets (0742). iv. Wholesale Trade Division: Apparel piece goods and notions (513). Drugs, drug proprietaries, and druggists' sundries (512). Electrical goods (506). Furniture and home furnishings (502). Groceries and related products (514). Hardware, and plumbing and heating equipment and supplies (507). Machinery, equipment, and supplies (508). Metals and minerals, except petroleum (505). Motor vehicles and motor vehicle parts and supplies (501). Paper and paper products (511). DECEMBER 2, 2009 VOLUME LXXIV 784 Professional and commercial equipment and supplies (504). v. Miscellaneous Uses Division: "Accessory structures" [SR] (UNCL) to the permitted uses allowed in the AB Area Business District, subject to the provisions of Section 19.12.500 of this Title. "Accessory uses" [SR] (UNCL) to the permitted uses allowed in the AB Area Business District, subject to the provisions of Section 19.10.400 of this Title. "Drive-through facilities" [SR], subject to the provisions of Chapter 19.45 of this Title, specifically limited to one drive thru facility associated with an economically valued fast food restaurant such as McDonald‟s, Wendy‟s, Burger King, Taco Bell, Arby‟s, Dunkin Donuts, etc., for the entire subdivision. Drive-through facilities for mid-valued fast food restaurants such as Starbuck‟s or Portillo‟s, and other non-restaurant land uses (such as, by way of example only, drug stores) shall be permitted and not limited. "Fences and walls" [SR] (UNCL). "Loading facilities" [SR] (UNCL), exclusively "accessory" [SR] to a permitted use allowed in the AB Area Business District, subject to the provisions of Chapter 19.47 of this Title. "Parking lots" [SR] (UNCL), exclusively "accessory" [SR] to a permitted use allowed in the AB Area Business District, subject to the provisions of Chapter 19.45 of this Title. "Parking structures" [SR] (UNCL), exclusively "accessory" [SR] to a permitted use allowed in the AB Area Business District, subject to the provisions of Chapter 19.45 of this Title. "Refuse collection area" [SR]. "Signs" [SR] (UNCL), subject to the provisions of Chapter 19.50 of this Title. "Storage tanks" [SR] (UNCL). "Temporary uses" [SR] (UNCL). B. Conditional Uses: The following enumerated AB Area Business District land uses shall be the only land uses allowed as a conditional use in this PORI District: i. Services Division: Amusement parks (7996). Arenas, sports fields, and stadiums (UNCL). Ballrooms (7911). Bowling centers (7933). "Car washes" [SR] (7542) Child daycare services (835). Coin-operated amusement establishments (7993). Dance halls (7911). Discotheques (7911). VOLUME LXXIV DECEMBER 2, 2009 785 Drive-in motion picture theaters (7833). "Home child daycare services" [SR] (8351). Individual and family social services (832). Membership organization (86) Membership sports and recreation clubs (7997) Power laundries (7211). ii. Retail Trade Division: Convenience food stores, operated on a twenty four (24) hour basis (5411). Drive-in restaurants (5812). Firearms sales (5941). "Package liquor sales establishments" [SR] (5921). iii. Wholesale Trade Division: Beer, wine, and distilled alcoholic beverages (518) Lumber and other construction materials (503). iv. Transportation, Communication, And Utilities Division: "Conditional commercial antenna tower" [SR] (UNCL). "Conditional commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL). Courier services (4215). Heliports (458). Pipelines, except natural gas (461). Public warehousing and storage (422) subject to the provision that it is allowed as a permitted use on lot 3, and as a conditional use on all other lots. "Other radio and television antennas" [SR] (UNCL). "Other satellite dish antennas" [SR] (UNCL). Railroad tracks (401). "Treatment, transmission, and distribution facilities: equipment, equipment buildings, towers, exchanges, substations, regulators" [SR] (UNCL). Water transportation (44). v. Miscellaneous Uses Division: "Accessory package liquor sales establishment" [SR] (UNCL). "Accessory structures" [SR] (UNCL) to the conditional uses allowed in the AB Area Business District, subject to the provisions of Section 19.12.500 of this Title. "Accessory uses" [SR] (UNCL) to the conditional uses allowed in the AB Area Business District, subject to the provisions of Section 19.10.400 of this Title. "Commercial operations yards" [SR] (UNCL). "Master signage plan" [SR], subject to the provisions of Chapter 19.50 of this Title. "Outdoor display areas" [SR] (UNCL). "Outdoor display lots" [SR] (UNCL). DECEMBER 2, 2009 VOLUME LXXIV 786 "Parking lots" [SR] (UNCL), subject to the provisions of Chapter 19.45 of this Title. "Parking structures" [SR] (UNCL), subject to the provisions of Chapter 19.45 of this Title. "Planned developments" [SR] (UNCL) on a zoning lot containing less than two (2) acres of land, subject to the provisions of Chapter 19.55 of this Title. F. Site Design. In this PORI zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.12, Site Design, of the Elgin Municipal Code, as amended, except as may be otherwise provided in this section. In this PORI zoning district, the site design regulations shall be as follows: 1. General Conditions. The following general conditions will apply to the development of land and structures within this PORI zoning district: a. Substantial conformance to the preliminary plat of subdivision for Capital Corporate Center prepared by Spaceco, Inc., dated January 30, 2006, and last revised on December 8, 2006. b. Substantial conformance with the preliminary site improvement plans for Capital Corporate Center prepared by Spaceco, Inc., dated February 9, 2006, and last revised on October 18, 2006, with such further revisions required by the City Engineer in the memorandum entitled "Capital Corporate Center-Bartels Property at Mason Road Preliminary Plan Review". 2. Zoning Lots. In this PORI zoning district, “zoning lots” shall be subject to the provisions of Section 19.12.300, zoning Lots - Clarifications and Exceptions, of the Elgin Municipal Code, as amended. 3. Lot Area. In this PORI zoning district, the minimum required “zoning lot area” shall be 40,000 square feet, except for lot 8, which shall be approximately 19,375 square feet. 4. Lot Width. In this PORI zoning district, there shall be no minimum required lot width for a zoning lot. 5. Setbacks - Generally. In this PORI zoning district, “setbacks” shall be subject to the provisions of Section 19.12.400, Setbacks - Clarifications and Exceptions, of the Elgin Municipal Code, as amended. VOLUME LXXIV DECEMBER 2, 2009 787 6. Setbacks by Lot Line. In this PORI zoning district, the minimum required “building” setbacks” and “vehicle use area setbacks” from a “lot line” for a zoning lot shall be as follows: a. Building Setbacks. In this PORI zoning district, the minimum required “building setbacks” for a zoning lot shall be as follows: (1) Street Setback. The minimum required building setback from Mason Road “street lot line” and from Capital Street "street lot line" [SR] shall be as follows: From Mason Road (60 feet ROW) 25 feet From Capital Street (52 feet ROW) 30 feet If the land which abuts the easterly boundaries of each of lots 6, 7 and 8 is acquired by the Illinois Toll Highway Authority and used as a toll road off-ramp, then from this Illinois Toll Highway right of way: Lot 6 (as identified on the “Preliminary Plat”): 75 feet Lots 7 and 8 (as identified on the “Preliminary Plat”): 50 feet (2) Interior Setback. The minimum required building setback from an "interior lot line" [SR] shall be 20 linear feet. b. Vehicle Use Area Setbacks by Lot Line. In this PORI zoning district, the minimum required “vehicle use area setbacks” for a zoning lot shall be as follows: (1) Street Setback. The minimum required vehicle use area setback from Mason Road shall be 10 linear feet and from Capital Street shall be 15 linear feet. (2) Interior Setback. The minimum required vehicle use area setback from an interior lot line shall be 6 linear feet (3) If the land which abuts the easterly boundaries of each of lots 6, 7 and 8 is acquired by the Illinois Toll Highway Authority and used as a toll road off-ramp, then from the future Illinois Toll Highway right of way adjoining the east boundaries of Lots 6, 7 and 8 the minimum required vehicle use setback shall be 10 linear feet. 7. Accessory Structures and Buildings. In this PORI zoning district, “accessory structures and buildings” shall be subject to the provisions of Section 19.12.500, Accessory Structures and Buildings. DECEMBER 2, 2009 VOLUME LXXIV 788 8. Yards - Generally. In this PORI zoning district, a “street yard” [SR], a “side yard” [SR], a “rear yard” [SR], or a “transition yard” [SR] established by a required building setback or by the actual location of a building shall be subject to the provisions of Section 19.12.600, Obstructions in Yards, with the following exceptions: 9. Landscape Yards. In this PORI zoning district, landscape yards shall be as follows: a. Landscaping - Generally. All "yards" [SR] established by a required building setback or by the actual location of a building and not occupied by allowable improvements constructed in conformance to all applicable codes and ordinances shall be landscaped with grass, shrubs, trees, or other suitable pervious groundcover, as follows: (1) Street Yard. Street yards shall be fully landscaped. (2) Side and Rear Yard. Side and rear yards shall be fully landscaped. (3) Foundation Yards. A minimum 10 linear foot wide landscaped area shall be provided along the front of a building, and a minimum 5 linear foot wide landscaped area shall be provided along the sides and rear of building. These planting areas need not be uniform in shape so long as the required amount of space is landscaped. Sidewalks shall be located outside of required foundation yard areas, with the exception of direct building access or courtyard use. No foundation yard shall be required at loading and services entries to a building. (5) Parking and Drives. With the exception of entrance drives and motor vehicle overhangs, no parking or drive shall be located within any required landscaped area. (6) Irrigation. Irrigation requirements for landscape yards shall be as follows: 1. Lots 6 and 7: All landscape areas shall be fully irrigated. 2. Lots 1, 2, 4, and 5: only street yards shall be fully irrigated. 3. Lot 3. No irrigation will be required. VOLUME LXXIV DECEMBER 2, 2009 789 b. Landscaping. Landscaping within the aforesaid setback areas shall satisfy the following minimum requirements: (1) Parking Landscape Area. Where a parking lot is located adjacent to Mason Road or Capital Street, the Vehicle Use Setback shall be landscaped with that minimum number of trees and shrubs that is 50% percent greater than that required by Section 19.12.700 C. of the Elgin Municipal Code. The required number of trees shall be comprised of both deciduous and coniferous trees. Where parking is located adjacent to other street rights of way, there shall be a minimum 12 shrubs (each at least 2.5 feet in height) per 100 linear feet, and 2.5 trees (each having at least a 3 inch caliper) per 100 linear feet. (2) Building Landscape Area. Where a building is located adjacent to a street right of way, there shall be a minimum of 6 shrubs (each at least a 2.5 feet in height) per 100 linear feet, 2 trees (each having at least a 3 inch caliper) per 100 linear feet, and 2 ornamental trees (each having at least a 2 inch caliper) per 100 linear feet. (3) Grouping of Trees. Grouping of required trees and shrubs shall be encouraged in combination with berming. (4) Curbed Tree Islands. A curbed tree island shall be required after every 20 parking spaces. The island must measure at least 9 feet by 18 feet and contain at least one tree (having at least a 3 inch caliper). 9. Floor Area: Building Height. In this PORI District, the maximum "floor area" for a zoning lot shall not exceed 100% of the zoning lot area. There shall be no maximum building height. 10. Building Coverage. In this PORI District, the maximum "building coverage" [SR] for a zoning lot shall not exceed 70% of the zoning lot area. G. Off Street Parking. In this PORI zoning district, off street parking shall be subject to the provisions of Chapter 19.45, Off-street Parking, of the Elgin Municipal Code, 1976, as amended. a. Required Number of Parking Stalls. The required number parking stalls shall be subject to provisions of Chapter 19.45, Off Street Parking, of the Elgin Municipal Code, except as follows: DECEMBER 2, 2009 VOLUME LXXIV 790 For Warehouse, storage, and distribution facilities, the parking stall requirements shall be based on the following stepped parking requirements: Area in Square Feet Parking Stalls Required 1 to 20,000 1 stall per 1,500/SF 20,001 to 50,000 1 stall per 1,750/SF 50,001 to 75,000 1 stall per 2,000/SF 75,001 and over 1 stall per 2,500/SF b. Land Reservation for Parking Not Provided. For zoning lots where the initial occupant can document that the land use requires less parking than required in this subsection, only the number of stalls required by the occupant shall be required to be constructed, provided that this number is not less than 1/3 of the total required number of parking stalls. Adequate land area for the required number of off street parking stalls in accordance with this subsection shall be designated and reserved for off street parking purposes. A written covenant agreeing to construct the additional required parking stalls shall be submitted to the zoning officer. Such covenant shall be reviewed by the Zoning Officer, approved as to content and form by the Corporation Counsel, and filed by the property owner for record in the office of the County Recorder. Upon subsequent certification by the Zoning Officer that the full number of parking stalls required under this subsection are needed because the demand for off street parking stalls exceeds the capacity of the off street parking facility and that such demand is of a continuing and regular nature, the owner of the building shall construct the full number of parking spaces required under this subsection. c. Collective Parking Facilities. Off street parking facilities for separate uses may be provided collectively, if the total number of stalls so provided is not less than the sum of the separate requirements of each sum ""land use" [SR], and if all the regulations governing the location of accessory off street facilities in relation to the use served are observed. The off street parking facilities may be provided jointly or collectively within the property or on contiguous properties controlled by the owners of the zoning lots by written covenant or agreement between the owners of such zoning lots and adjacent properties. d. Stalls and Aisles. "Parking aisles" [SR] shall be a minimum of 24 linear feet in width, or an equivalent for angle parking. "Parking stalls" [SR] shall be a minimum of 9 linear feet in width by 18 linear feet in length, or an equivalent for angle parking. VOLUME LXXIV DECEMBER 2, 2009 791 Parking spaces for the physically handicapped shall be provided in proximity to building entrances. The parking requirements and related curb cuts and ramps for the physically handicapped shall comply with the Illinois Handicapped Accessibility Code. There shall be a back of curb parking lot dimension of 43 feet for single loaded aisles and 61 feet for double loaded aisles. Where there is a landscaped area immediately adjacent to the parking lot, a deduction of 1.5 foot per car for overhang shall be allowable. e. Striping and Markings. All parking lot striping and other markings shall be white. f. Landscape Islands. Landscaped islands shall be 9 linear feet wide and provided every 20 parking spaces. g. Approaches. The maximum width of an approach at the curb line shall be as approved by the City Engineer. The minimum radius shall be 10 feet. h. Curb. All landscaped islands, drives and edges of paving shall be defined with B6:12 curb and gutter. i. Paving. Vehicular access to or from a public right of way shall be provided on a concrete approach and "driveway" [SR] within a public right of way leading from a "zoning lot" [SR] to an improved "street" [SR]. At a minimum, the approach shall be paved with concrete for the first fifteen 15 feet, beginning at the street curb. the design of approaches and driveway crossing a public right of way shall also be subject to the provisions and requirements of Title 13, Streets and Sidewalks; Chapter 13.08, Driveways. For bituminous concrete surfaces, there shall be a minimum of two inches of bituminous concrete over eight inches of compacted gravel. Equivalent thicknesses of bituminous concrete may be substituted for gravel provided that the total pavement thickness is a minimum of ten inches. For Portland Cement concrete surfaces, there shall be a minimum of four inches of Portland cement concrete over four inches of compacted gravel. Equivalent thicknesses of Portland cement concrete may be substituted for gravel provided that the total pavement thickness is a minimum of eight inches. Service areas are subject to abuse, such as dumpster service areas, shall be constructed with concrete paving. Paved walks or pedestrian areas near or DECEMBER 2, 2009 VOLUME LXXIV 792 adjacent to buildings shall be of appropriate materials other than bituminous paving. H. Off Street Loading. In this PORI zoning district, off street loading shall be subject to the provisions of Chapter 19.47, Off Street Loading, of the Elgin Municipal Code, as may be amended. I. Signs. In this PORI zoning district, signs shall be subject to the provisions of Chapter 19.50, Signs, of the Elgin Municipal Code, as may be amended. J. Nonconforming Uses and Structures. In this PORI zoning district, nonconforming uses and structures shall be subject to the provisions of Chapter 19.52, Nonconforming Uses and Structures, of the Elgin Municipal Code, as may be amended. K. Planned Developments. This PORI zoning district shall be subject to the provisions of Chapter 19.60, Planned Developments, of the Elgin Municipal Code, as may be amended. A conditional use for a planned development may be requested by an individual property owner for a zoning lot without requiring an amendment to this PORI zoning district and without necessitating that all other property owners authorize such an application. L. Conditional Uses. In this PORI zoning district, conditional uses shall be subject to the provisions of Chapter 19.65 Conditional Uses, of the Elgin Municipal Code, as may be amended. A conditional use may be requested by an individual property owner for a zoning lot without requiring an amendment to this PORI zoning district and without necessitating that all other property owners authorize such an application. M. Variations. Any of the requirements of this ordinance may be varied, subject to the provisions of Section 19.70, Variations, of the Elgin Municipal Code, as may be amended. A variation may be requested by an individual property owner for a zoning lot without requiring an amendment to this PORI zoning district and without necessitating that all other property owners authorize such an application. N. Appeals. Any requirement, determination, or interpretation associated with the administration and enforcement of the provision of this ordinance may be appealed subject to the provisions of Chapter 19.75, Appeals, of the Elgin Municipal Code, as may be amended. O. Subdivisions - Generally. In this PORI zoning district, subdivisions shall be subject to the provisions of Title 18, Subdivisions, of the Elgin Municipal Code, as may be amended, except as may be specifically provided otherwise in this planned industrial district ordinance or in the preliminary plat approved by the corporate authorities as part of the annexation of the subject property. VOLUME LXXIV DECEMBER 2, 2009 793 The final plats and the final engineering plans and specifications shall be in substantial conformance with this PORI district and the Preliminary Plat for Capital Corporate Center, prepared by Spaceco, Inc., dated January 30, 2006, last revised dated December 8, 2006, and the Preliminary Site Improvement Plans, prepared by Spaceco, Inc., dated February 9, 2006, last revised dated October 18, 2006. P. Subdivisions - Design Standards. In this PORI zoning district, subdivisions shall be subject to the provisions of Chapter 18.24, Design Standards, of the Elgin Municipal Code, as may be amended, with the following exceptions: a. Additional Subdivision. "Lots of record" (SR) may be platted at any number, size, width, or depth. Additional lots of record may be established subsequent to final plat approval provided that such lots of record are established in compliance with the State Plat Act and provided that all resulting "zoning lots" (SR) conform to all of the provisions of this planned industrial district ordinance. b. Right of Way. The widths of the dedicated right of way on the Subject Property shall be as set forth in the Preliminary Plat of Subdivision for the Subject Property prepared by Spaceco, Inc., dated January 30, 2006, last revised dated December 8, 2006. c. Easements. The rights of way on the Subject Property shall be bounded by easements as depicted on the preliminary plat of subdivision. Such easements shall be granted to the City and shall be permanent and exclusive easements and shall include further provisions whereby the grantors and their successors and assigns shall not construct, install or maintain any buildings, structures or other improvements of any type within the Easement Premises, nor undertake any other activities in the Easement Premises which interferes with the City of Elgin's intended use thereof. Said easement areas shall be seeded after utility construction and installation is completed. R. Building and Construction - Generally. In this PORI zoning district, building and construction shall be subject to the provisions of Title 16, Building and Construction, of the Elgin Municipal Code, as may be amended, except as may be specifically provided otherwise in this planned industrial district ordinance. 1. Design Guidelines. The Design Guidelines prepared by Monarch Design & Construction, LLC dated November 20, 2006 and attached hereto as Exhibit 1 shall be applicable to the development of the Subject Property. All buildings constructed on the Subject Property shall be constructed in conformance with such Design Guidelines and other applicable requirements of law. 2. All sanitary sewers shall be overhead sewers. DECEMBER 2, 2009 VOLUME LXXIV 794 3. All structures containing sump pits and pumps shall have separate lines connecting the sump pump to the storm sewer as required by the City Engineer and the Development Administrator. Section 4. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: December 2, 2009 Passed: December 2, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: December 3, 2009 Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE T45-09 PASSED DESIGNATING THE CITY OF ELGIN A CITY-WIDE RECOVERY ZONE Councilmember Warren made a motion, seconded by Councilmember Steffen, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. ORDINANCE T45-09 IS NOT INCLUDED IN THESE MINUTES. THE ORIGINAL IS ON FILE IN THE CITY CLERK‟S OFFICE. REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Gilliam made a motion, seconded by Councilmember Kaptain, to place the following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Emergency Telephone System Board Minutes – October 15, 2009 Parks and Recreation Advisory Board Minutes – September 29, 2009 Planning and Development Commission Minutes – October 5, 2009 Tax Reports – November, 2009 VOLUME LXXIV DECEMBER 2, 2009 795 Committee of the Whole Minutes – November 4, 2009 (Budget Retreat and Regular Meeting) City Council Minutes – November 4, 2009 ANNOUNCEMENTS Mayor Schock made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Kaptain made a motion, seconded by Councilmember Steffen, to adjourn the meeting. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. The meeting adjourned at 7:35 p.m. s/ Diane Robertson December 16, 2009 Diane Robertson, City Clerk Date Approved