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HomeMy WebLinkAbouto - September 14, 2016 CC363 VOLUME LXXXI SEPTEMBER 14, 2016 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 September 14, 2016, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:12 p.m. The Invocation was given by Reverend Denise Tracy, Unitarian Universalist Minister and the Pledge of Allegiance was led by Councilmember F. John Steffen. ROLL CALL Roll call was answered by Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Absent: None. MINUTES OF THE AUGUST 24, 2016, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Gavin made a motion, seconded by Councilmember Martinez, to approve the August 24, 2016, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. COMMUNICATIONS Pastor Willie Tate 30th Anniversary Proclamation Mayor Kaptain read the following proclamation: PROCLAMATION WHEREAS, Pastor Willie L. Tate of the Progressive Baptist Church will be celebrating his 30th anniversary September eighteenth, two thousand sixteen; and WHEREAS, this celebration is dedicated to honoring the servant of God and paying tribute to him and gratitude to the Lord for what he is doing through Pastor Willie L. Tate’s life and ministry; and WHEREAS, he was a former member of the Second Baptist Church of Elgin, Illinois, under the leadership of the Honorable late Pastor Bedford; and SEPTEMBER 14, 2014 VOLUME LXXXI 364 WHEREAS, Pastor Tate has touched many lives within the church and community. He has dedicated his life unto God and serving the community; and WHEREAS, he now sits on several community and religious boards and holds the Presidential seat for the African American Ministerial Alliance. He has served as a steward over the souls of many; and WHEREAS, we proclaim to know him as a servant of God and to humanity. NOW, THEREFORE, I, David Kaptain, Mayor of the city of Elgin, Illinois, do hereby proclaim September 18th 2016 a day of celebration for Pastor Willie L. Tate’s dedicated service to the Lord and to the communities of Elgin. IN WITNESS THEREOF, I have hereunto set my hand this 14th day of September, 2016. David J. Kaptain Mayor Florentino Santana 50th Anniversary Proclamation Mayor Kaptain read the following proclamation: PROCLAMATION WHEREAS, The Elgin Veterans of Foreign Wars of the United States Watch City Post #1307 serves to support and assist veterans and their families and will be honoring Marine Private First Class Florentino “Tino” Santana on the 50th Anniversary of his sacrifice in Vietnam; and WHEREAS, PFC Santana, an alumni of Elgin High School, joined the United States Marine Corps in 1965; and WHEREAS, After graduating from Marine Corps Recruit Depot San Diego, PFC Santana was assigned to D Company, 1st Battalion, 26th Marines, 3rd Marine Division and deployed to Vietnam; and WHEREAS, On September 18, 1966, PFC Santana was killed in action during Operation Deckhouse IV in the Quang Tri Province; and WHEREAS, On Sunday, September 18 at 1:00 pm, the VFW Post 1307 and American Legion Post 57 are hosting a 50th Commemorative Ceremony to honor PFC Santana for his dedication and thank his Gold Star Family for their sacrifice, including his wife, Donna Santana, and daughter, Kathryn Santana McNulty, who is also a Marine. VOLUME LXXXI SEPTEMBER 14, 2016 365 NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, Illinois do hereby extend the sincere and warm appreciation and esteem to Private First Class Florentino Santana and his Gold Star Family for their sacrifice to their country and community and invite all citizens to honor them by joining the 50th Commemorative Ceremony on Sunday, September 18. IN WITNESS THEREOF, I have hereunto set my hand this 14th day of September, 2016. David J. Kaptain Mayor RECOGNIZE PERSONS PRESENT Paul Ehorn expressed his concerns regarding the Code Compliance Department and the responses he has received regarding property violations he reported. Chuck Keysor addressed the council regarding the traffic flow on South Street and the temporary parking measures that were in place during construction. He asked that public input would be solicited prior to making any of these measures permanent. John Weidmeyer, Chair of the Elgin Heritage Commission, presented the Mayor with an award from the National Alliance of Preservation Commissions. The award was given to the Heritage Commission for best practices in the use of technology for the creation of an interactive website that highlights the historic properties in Elgin. Konni Vakelic expressed her support for Shared Harvest and asked for the city to support the project. JOB ORDER CONTRACT APPROVED WITH F.H. PASCHEN FOR THE REPLACEMENT OF THE POLICE FACILITY SECURITY SYSTEM Councilmember Shaw made a motion, seconded by Councilmember Gavin, to approve a contract with F. H. Paschen in the amount of $985,535 for the replacement of the police facility security system. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. JOINT PURCHASING COOPERATIVE CONTRACT APPROVED WITH HENDERSON PRODUCTS, INC. FOR THE PURCHASE OF A BRINE MAKER SYSTEM SEPTEMBER 14, 2014 VOLUME LXXXI 366 Councilmember Gavin made a motion, seconded by Councilmember Martinez, to approve a contract with Henderson Products, Inc. in the amount of $163,442 to purchase a brine maker system to replace obsolete equipment. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. RESOLUTION 16-121 ADOPTED RATIFYING THE EXECUTION OF A COLLATERAL ASSIGNMENT OF REDEVELOPMENT AGREEMENT WITH ELGIN TOWER, LLC, AS SUCCESSOR IN INTEREST THEREUNDER TO CAPSTONE DEVELOPMENT GROUP, L.L.C., AND MIDLAND STATES BANK (100 E. CHICAGO STREET) City Manager Kozal reviewed the terms of the agreement and noted that it did not create additional obligations for the city. Councilmember Gavin made a motion, seconded by Councilmember Martinez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, and Mayor Kaptain. Nays: None. Councilmember Steffen abstained. Resolution No. 16-121 RESOLUTION RATIFYING THE EXECUTION OF A COLLATERAL ASSIGNMENT OF REDEVELOPMENT AGREEMENT WITH ELGIN TOWER, LLC, AS SUCCESSOR IN INTEREST THEREUNDER TO CAPSTONE DEVELOPMENT GROUP, L.L.C., AND MIDLAND STATES BANK (100 E. Chicago Street) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby ratifies and approves the execution of a collateral assignment of redevelopment agreement with Elgin Tower, LLC, as successor in interest thereunder to Capstone Development Group, L.L.C., and Midland States Bank, by Richard G. Kozal, City Manager, a copy of which is attached hereto and made a part hereof by reference. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby ratifies and approves the execution of a memorandum of the foregoing collateral assignment by Richard G. Kozal, City Manager, and Kimberly Dewis, City Clerk, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain VOLUME LXXXI SEPTEMBER 14, 2016 367 David J. Kaptain, Mayor Presented: September 14, 2016 Adopted: September 14, 2016 Vote: Yeas: 8 Nays: 0 Abstain: 1 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk CONSENT AGENDA By unanimous consent, Councilmember Steffen made a motion, seconded by Councilmember Shaw, to pass Ordinance Nos. G40-16 through G41-16 and adopt Resolution Nos. 16-119 through 16-120 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. RESOLUTION 16-119 ADOPTED APPROVING A GRANT RECIPIENT ELIGIBILITY LIST UNDER THE RESIDENTIAL CONVERSION GRANT PROGRAM Councilmember Steffen made a motion, seconded by Councilmember Shaw, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 16-119 RESOLUTION APPROVING A GRANT RECIPIENT ELIGIBILITY LIST UNDER THE RESIDENTIAL CONVERSION GRANT PROGRAM WHEREAS, the Residential Conversion Grant Program has been established to provide financial assistance and incentives for property owners of lawful non-conforming multi-family dwellings to convert their properties into their original, conforming residential use; and WHEREAS, in 2016 two waiting list candidates have been selected by city staff to participate under the Residential Conversion Grant Program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the sum of $94,000 is allocated for the following waiting list candidates under the grant recipient eligibility list: Property (Zoning) Owner Amount SEPTEMBER 14, 2014 VOLUME LXXXI 368 618 E. Chicago Street (RB) German and Luz Hernandez $28,000 55 S. Liberty Street (RC2) Charlotte Kathy Klink $66,000 TOTAL $94,000 BE IT FURTHER RESOLVED that the projects shall be in conformance with all applicable codes and ordinances. BE IT FURTHER RESOLVED that prior to receiving any grant funds recipients shall be required to enter into an agreement with the City of Elgin in a form as approved by the Corporation Counsel. BE IT FURTHER RESOLVED that for the remainder of 2016 city staff is hereby authorized to continue to advertise, solicit, review and award subsequent grants to eligible properties based on the approved priorities for selection. s/ David J. Kaptain David J. Kaptain, Mayor Presented: September 14, 2016 Adopted: September 14, 2016 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 16-120 ADOPTED AUTHORIZING EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT SUB-RECIPIENT AGREEMENT WITH KANE COUNTY FOR FISCAL YEAR 2015 REGARDING THE LEAD HAZARD REDUCTION PROGRAM AND REPEALING SUBSECTION 5 OF RESOLUTION NO. 15-167 Councilmember Steffen made a motion, seconded by Councilmember Shaw, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 16-120 RESOLUTION VOLUME LXXXI SEPTEMBER 14, 2016 369 AUTHORIZING EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT SUB-RECIPIENT AGREEMENT WITH KANE COUNTY FOR FISCAL YEAR 2015 REGARDING THE LEAD HAZARD REDUCTION PROGRAM AND REPEALING SUBSECTION 5 OF RESOLUTION NO. 15-167 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute on behalf of the City of Elgin a community development block grant sub-recipient agreement with Kane County for fiscal year 2015 regarding the lead hazard reduction program, a copy of which is attached hereto and made a part hereof by reference. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that subsection 5 of Resolution No. 15-167 adopted on December 16, 2015, entitled “Resolution Authorizing Execution of Community Development Block Grant Sub-Recipient Agreements for Fiscal Year (FY) 2015” be and is hereby repealed. s/ David J. Kaptain David J. Kaptain, Mayor Presented: September 14, 2016 Adopted: September 14, 2016 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G40-16 PASSED AMENDING CERTAIN PARKING RESTRICTIONS WITHIN THE CITY OF ELGIN Councilmember Steffen made a motion, seconded by Councilmember Shaw, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G41-16 AN ORDINANCE SEPTEMBER 14, 2014 VOLUME LXXXI 370 GRANTING A MAP AMENDMENT FROM ORI OFFICE RESEARCH INDUSTRIAL DISTRICT TO PORI PLANNED OFFICE RESEARCH INDUSTRIAL DISTRICT (+/- 58 Acres near the Northwest Corner of Big Timber Road and Randall Road) WHEREAS, written application has been made to reclassify certain property located near the northwest corner of Big Timber Road and Randall Road, which property is legally described herein (the “Subject Property”), from ORI Office Research Industrial District to PORI Planned Office Research Industrial District; and WHEREAS, the Planning and Zoning Commission conducted a public hearing on August 1, 2016 following due notice by publication; and WHEREAS, the Community Development Department and the Planning & Zoning Commission have submitted their findings of fact concerning said application; and WHEREAS, the Community Development Department and the Planning & Zoning Commission recommend approval of said application, subject to the conditions articulated below; and WHEREAS, the City Council of the City of Elgin, Illinois has reviewed the findings and recommendations of the Community Development Department and the Planning & Zoning Commission; and WHEREAS, the City of Elgin is a home rule unit and as a home rule unit may exercise any power and preform any function pertaining to its government and affairs; and WHEREAS, zoning, including but not limited to, this ordinance approving a planned development and granting the departures below from the Elgin Zoning Ordinance, pertain to the government and affairs of the city. 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 1, 2016, made by the Community Development Department and the Planning & Zoning 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 PORI Planned Office Research Industrial District, the following described property: VOLUME LXXXI SEPTEMBER 14, 2016 371 THAT PART OF THE SOUTHEAST 1/4 OF SECTION 31, TOWNSHIP 42 NORTH, AND THAT PART OF THE NORTHWEST FRACTIONAL QUARTER OF SECTION 4, TOWNSHIP 41 NORTH, BOTH IN RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SAID SOUTHEAST 1/4 OF SECTION 31; THENCE NORTH 88 DEGREES 47 MINUTES 45 SECONDS WEST, ALONG THE NORTH LINE OF SAID SOUTHEAST 1/4, A DISTANCE OF 558.23 FEET TO AN EXISTING IRON STAKE; THENCE SOUTH 02 DEGREES 06 MINUTES 07 SECONDS WEST, A DISTANCE OF 463.27 FEET FOR THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 02 DEGREES 06 MINUTES 07 SECONDS WEST, A DISTANCE OF 472.03 FEET TO A NORTH LINE OF DOCUMENT NO. 1261098 AS MONUMENTED; THENCE NORTH 88 DEGREES 30 MINUTES 53 SECONDS WEST, ALONG SAID MONUMENTED LINE, A DISTANCE OF 8.18 FEET TO AN EXISTING IRON STAKE; THENCE SOUTH 02 DEGREES 03 MINUTES 59 SECONDS WEST, ALONG A WEST LINE OF SAID DOCUMENT NO. 1261098 AS MONUMENTED AND THE SOUTHERLY EXTENSION THEREOF, A DISTANCE OF 871.27 FEET TO A LINE THAT BEARS SOUTH 88 DEGREES 51 MINUTES 39 SECONDS WEST FROM A POINT ON THE EAST LINE OF SAID SOUTHEAST 1/4 THAT IS 1782.69 FEET, AS MEASURED ALONG SAID EAST LINE, SOUTHERLY OF THE AFORESAID NORTHEAST CORNER OF THE SOUTHEAST 1/4; THENCE NORTH 88 DEGREES 51 MINUTES 39 SECTION EAST, ALONG SAID LINE, A DISTANCE OF 579.42 FEET TO THE SAID POINT ON THE EAST LINE OF THE SOUTHEAST 1/4 THAT IS 1782.69 FEET SOUTHERLY OF THE NORTHEAST CORNER OF SAID SOUTHEAST 1/4; THENCE SOUTH 01 DEGREES 41 MINUTES 39 SECONDS WEST, ALONG SAID EAST LINE, A DISTANCE OF 870.78 FEET TO THE SOUTHEAST CORNER OF SAID SOUTHEAST 1/4 OF SECTION 31; THENCE NORTH 88 DEGREES 35 MINUTES 34 SECONDS WEST, ALONG THE SOUTH LINE OF SAID SOUTHEAST 1/4, ALSO BEING THE NORTH LINE OF AFORESAID SECTION 4, A DISTANCE OF 70.00 FEET TO THE NORTHWEST CORNER OF LAND CONVEYED TO THE COUNTY OF KANE BY QUIT CLAIM DEED RECORDED APRIL 3, 1978 AS DOCUMENT 1450702; THENCE SOUTH 01 DEGREES 41 MINUTES 39 SECONDS WEST, ALONG THE WEST LINE OF SAID LAND CONVEYED BY DOCUMENT NO. 1450702, A DISTANCE OF 121.26 FEET TO THE SOUTHWEST CORNER THEREOF, ALSO BEING A POINT ON THE NORTH PROPERTY LINE OF THE AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO, TRUST NO. 77704; THENCE NORTH 88 DEGREES 18 MINUTES 21 SECONDS WEST; ALONG SAID NORTH LINE, A DISTANCE OF 286.85 FEET TO THE NORTHWEST CORNER OF SAID AMERICA N NATIONAL BANK AND TRUST COMPANY OF CHICAGO, TRUST NO. 77704; THENCE SOUTH 33 DEGREES 27 MINUTES 17 SECONDS WEST, ALONG THE WESTERLY LINE OF SAID AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO, TRUST NO. 77704 AND THE SOUTHWESTERLY EXTENSION THEREOF, A DISTANCE OF 376.25 FEET TO THE SOUTHWESTERLY RIGHT OF WAY LINE OF BIG TIMBER ROAD; THENCE NORTH 56 DEGREES 32 MINUTES 43 SECONDS WEST, ALONG SAID SOUTHWESTERLY RIGHT OF WAY LINE, A DISTANCE OF 603.71 FEET; THENCE NORTHWESTERLY ALONG SAID SOUTHWESTERLY RIGHT OF WAY SEPTEMBER 14, 2014 VOLUME LXXXI 372 LINE, BEING ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 22951.30 FEET AND BEING TANGENT TO THE LAST DESCRIBED COURSE, AN ARC DISTANCE OF 299.08 FEET TO THE WEST LINE OF THE SOUTHEAST 1/4 OF THE AFORESAID SOUTHEAST 1/4 OF SECTION 31; THENCE NORTH 01 DEGREES 44 MINUTES 17 SECONDS EAST, ALONG SAID WEST LINE, A DISTANCE OF 1282.45 FEET TO THE SOUTHEAST CORNER OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 31; THENCE NORTH 88 DEGREES 41 MINUTES 39 SECONDS WEST, ALONG THE SOUTH LINE OF SAID NORTHWEST 1/4 OF SOUTHEAST 1/4 OF SECTION 31, A DISTANCE OF 395.00 FEET; THENCE NORTH 03 DEGREES 23 MINUTES 00 SECONDS EAST, A DISTANCE OF 870.70 FEET TO A LINE THAT BEARS NORTH 88 DEGREES 18 MINUTES 23 SECONDS WEST FROM THE POINT OF BEGINNING; THENCE SOUTH 88 DEGREES 18 MINUTES 23 SECONDS EAST, ALONG SAID LINE, A DISTANCE OF 1128.31 FEET TO THE POINT OF BEGINNING, (EXCEPT PART LYING SOUTH OF CENTER LINE OF BIG TIMBER ROAD; ALSO EXCEPTING THEREFROM THAT PART CONVEYED TO THE PEOPLE OF KANE COUNTY DESCRIBED AS BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 42 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN; THENCE ON AN ASSUMED BEARING OF NORTH 0 DEGREES 15 MINUTES 40 SECONDS EAST ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER 870.78 FEET; THENCE SOUTH 87 DEGREES 25 MINUTES 55 SECONDS WEST 59.94 FEET; THENCE SOUTH 0 DEGREES 15 MINUTES 13 SECONDS WEST PARALLEL WITH THE CENTER LINE OF RANDALL ROAD 868.12 FEET TO THE SOUTH LINE OF SAID SOUTHEAST QUARTER; THENCE NORTH 9 DEGREES 58 MINUTES 18 SECONDS EAST ALONG SAID SOUTH LINE 59.78 FEET TO THE POINT OF BEGINNING), IN DUNDEE TOWNSHIP AND ELGIN TOWNSHIP, KANE COUNTY, ILLINOIS. Section 3. That the City Council of the City of Elgin hereby grants the rezoning from ORI Office Research Industrial District to PORI Planned Office Research Industrial District for the Subject Property, which is legally described above, and which shall be designed, developed, and operated subject to the following provisions: A. Purpose and Intent. The purpose of the PORI Planned Office Research Industrial District is to provide an industrial environment that fosters a sense of place and destination within a coordinated campus or park setting through the applicable site design regulations, subject to the provisions of Chapter 19.60, Planned Developments, of the Elgin Municipal Code, as amended. A PORI zoning district is most similar to, but departs from the standard requirements of the ORI zoning district. B. Supplementary Regulations. Any word or phrase contained herein, followed by the symbol “[SR]”, shall be subject to the definitions and the additional interpretive requirements provided in Chapter 19.90, Supplementary Regulations, of the Elgin Municipal Code, as amended. The exclusion of such symbol shall not exempt such word or phrase from the applicable supplementary regulation. For the purpose of VOLUME LXXXI SEPTEMBER 14, 2016 373 this planned development, the following words and phrases shall have the following meaning: a. “Northern Developable Area” shall refer to that area labeled “Northern Developable Area” on the July 25, 2016 Conceptual Site Plan, Scheme 05, prepared by Ware Malcomb, a copy of such Conceptual Site Plan is attached hereto and made a part hereof by reference as Exhibit B (the "Conceptual Site Plan"); b. “Southern Developable Area” shall refer to that area labeled “Southern Developable Area” on the Conceptual Site Plan; c. “Conservation Area A”, containing 456,534 square feet or 10.481 acres more or less, shall refer to that area labeled “Conservation Area A” on the Conceptual Site Plan; and d. “Conservation Area B”, containing 23,086 square feet or .530 acres more or less, shall refer to that area labeled “Conservation Area B” on the Conceptual Site Plan. 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 Elgin Municipal Code, as may be amended from time to time. D. Zoning Districts - Generally. In this PORI Planned Office Research Industrial 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. Location and Size of District. The PORI Planned Office Research Industrial District should be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate PORI 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 district shall be granted by the City Council. F. Land Use, Northern Developable Area Only. In this PORI Planned Office Research Industrial District and within the “Northern Developable Area,” 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 enumerated “land uses” [SR] shall be the only land uses allowed as a “permitted use” [SR] or as a “conditional use” [SR] in this PORI Planned Office Research Industrial District and within the “Northern Developable Area”: 1. Permitted Uses. Those land uses enumerated as permitted uses within the ORI Office Research Industrial District, Section 19.40.130 A., Land Use, ORI Office Research Industrial District of the Elgin Municipal Code, as it may be amended from time to time. SEPTEMBER 14, 2014 VOLUME LXXXI 374 2. Conditional Uses. Those land uses enumerated as conditional uses within the ORI Office Research Industrial District, Section 19.40.130 B., Land Use, ORI Office Research Industrial District of the Elgin Municipal Code, as it may be amended from time to time. 3. Similar Uses. Those land uses enumerated as similar uses within the ORI Office Research Industrial District, Section 19.40.130 C., Land Use, ORI Office Research Industrial District of the Elgin Municipal Code, as it may be amended from time to time. Such similar uses shall be subject to classification as a permitted use or as a conditional use in this PORI Planned Office Research Industrial District or in a less restrictive zoning district, pursuant to Subsection 19.10.400 H, Classification of Land Uses, of the Elgin Municipal Code, 1976, as amended. G. Land Use, Southern Developable Area Only. In this PORI Planned Office Research Industrial District and within the “Southern Developable Area,” 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 enumerated “land uses” [SR] shall be the only land uses allowed as a “permitted use” [SR] or as a “conditional use” [SR] in this PORI Planned Office Research Industrial District and within the “Southern Developable Area,” except for those land uses which are prohibited within an arterial road corridor overlay district as provided for within Section 19.15.520, Land Uses, of the Elgin Municipal Code, as amended: 1. Permitted Uses. Those land uses enumerated as permitted uses within the ORI Office Research Industrial District, Section 19.40.130 A., Land Use, of the Elgin Municipal Code, as it may be amended from time to time, as well as the following additional enumerated land uses, shall be the only land uses allowed as a permitted use in this PORI Planned Office Research Industrial District: a. Services division: Automotive renting and leasing without drivers (751). Barbershops (724). Beauty shops (723). Coin operated laundries and dry cleaning (7215). Garment pressing, and agents for laundries and dry cleaners (7212). Laundry collecting and distributing outlets (7211). VOLUME LXXXI SEPTEMBER 14, 2016 375 Miscellaneous equipment rental and leasing (735). Miscellaneous personal services not elsewhere classified (7299). Photographic studios, portrait (722). Radio and television repair shops (7622). Shoe repair shops and shoeshine parlors (725). Videotape rental (784). b. Retail trade division: Apparel and accessory stores (56). Auto supply stores (5531) limited to the sale of auto parts and prohibiting the installation of auto parts or repair of motor vehicles on the zoning lot. Building materials, hardware and garden supply (52). Carryout restaurants (5812). Convenience food stores, operated on a twenty four (24) hour basis (5411). 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 (5511, 5551, 5561, 5571). News dealers (5994). SEPTEMBER 14, 2014 VOLUME LXXXI 376 Optical goods stores (5995). "Outdoor eating and drinking facilities" [SR] (UNCL). c. Agricultural division: Dog grooming (0752). Greenhouses for floral products, exclusively "accessory" [SR] to a use allowed in the zoning district (0181). Lawn and garden services (0782). Ornamental shrub and tree services (0783). Veterinary services for household pets (0742). d. Construction division: Permanent contractor’s office with associated shop/production area and material and equipment storage, provided that all such activities take place within an enclosed building; no outdoor storage is permitted. e. Manufacturing division: Commercial printing occupying less than five thousand (5,000) square feet of gross floor area (2752). f. Miscellaneous uses division: "Accessory structures" [SR] (UNCL) to the above-listed permitted uses, subject to the provisions of section 19.12.500 of this title. "Accessory uses" [SR] (UNCL) to the above-listed permitted uses, 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. "Loading facilities" [SR] (UNCL), exclusively "accessory" [SR] to an above- listed permitted use, subject to the provisions of chapter 19.47 of this title. "Outdoor display areas" [SR] (UNCL). "Outdoor display lots" [SR] (UNCL). VOLUME LXXXI SEPTEMBER 14, 2016 377 "Parking lots" [SR] (UNCL), exclusively "accessory" [SR] to an above-listed permitted use, subject to the provisions of chapter 19.45 of this title. "Parking structures" [SR] (UNCL), exclusively "accessory" [SR] to an above- listed permitted use, subject to the provisions of chapter 19.45 of this title. 2. Conditional Uses. Those land uses enumerated as conditional uses within the ORI Office Research Industrial District, Section 19.40.130 B., Land Use, of the Elgin Municipal Code, as it may be amended from time to time, as well as the following additional enumerated land uses, shall be the only land uses allowed as a conditional use in this PORI Planned Office Research Industrial District: a. Services division: Amusement parks (7996). Arenas, sports fields, and stadiums (UNCL). Bowling centers (7933). "Car washes" [SR] (7542). Dance studios and schools (791). Drive-in motion picture theaters (7833). Funeral service (726). Membership organizations (86). Membership sports and recreation clubs (7997). Motion picture theaters (7832). "Motor vehicle repair shops” [SR] (753), but only as part of a Motor vehicle dealer (5511). Other schools and educational services (829). Physical fitness facilities (7991). b. Retail trade division: Drive-in restaurants (5812). SEPTEMBER 14, 2014 VOLUME LXXXI 378 Firearms sales (5941). "Motor vehicle service stations" [SR] (554). "Package liquor sales establishments" [SR] (5921). c. Agricultural division: "Kennels" [SR] (0752). d. Wholesale trade division: Beer, wine, and distilled alcoholic beverages (518). Lumber and other construction materials (503). e. Transportation, communication, and utilities division: Courier services (4215). f. Miscellaneous uses division: "Accessory structures" [SR] (UNCL) to the above-listed conditional uses, subject to the provisions of section 19.12.500 of this title. "Accessory uses" [SR] (UNCL) to the above-listed conditional uses, subject to the provisions of section 19.10.400 of this title. 3. Similar Uses. Those land uses enumerated as similar uses within the ORI Office Research Industrial District, Section 19.40.130 C., Land Use, of the Elgin Municipal Code, as it may be amended from time to time, as well as the following additional enumerated land uses, shall be subject to classification as a permitted use or a conditional use in this PORI Planned Office Research Industrial District or in a less restrictive zoning district, pursuant to Subsection 19.10.400 H., Classification of Land Uses, of the Elgin Municipal Code, as amended: Wholesale trade division: Miscellaneous durable goods (509). Miscellaneous nondurable goods (519). H. Land Use, Conservation Area A and Conservation Area B Only. In this PORI Planned Office Research Industrial District and within Conservation Area A and Conservation Area B, the only land uses allowed as a "Permitted Use" [SR], as a VOLUME LXXXI SEPTEMBER 14, 2016 379 "Conditional Use" [SR] or as a similar use shall be for open space and conservation and preservation of the existing trees, vegetation and other natural conditions on such properties. The owner of the Subject Property shall record a conservation easement in the form as provided in Exhibit C attached hereto and made a part hereof by reference over those areas labeled "Conservation Area A" and "Conservation Area B" on the "Conceptual Site Plan" within one hundred and eighty (180) days of the adoption of this ordinance and prior to any work on the Subject Property. The owner of Conservation Area A and Conservation Area B shall at all times comply with the terms of the Conservation Easement and maintain such conservation areas as required by and provided for in this ordinance and the Conservation Easement. I. Site Design, Northern Developable Area Only. In this PORI Planned Office Research Industrial District and within the area labeled “Northern Developable Area,” the use and development of land and structures shall be subject to the provisions of Section 19.12, Site Design, of the Elgin Municipal Code, as amended, and the site design regulations shall be subject to the provisions of Section 19.40.135 Site Design, ORI Office Research Industrial District, of the Elgin Municipal Code, as amended. J. Site Design, Southern Developable Area Only, More Than 500 Feet from Randall Road. In this PORI Planned Office Research Industrial District, within the “Southern Developable Area,” and when located more than 500 feet from the Randall Road lot line, the use and development of land and structures shall be subject to the provisions of Section 19.12, Site Design, of the Elgin Municipal Code, as amended, and the site design regulations shall be subject to the provisions of Section 19.40.135 Site Design, ORI Office Research Industrial District, of the Elgin Municipal Code, as amended, except: a. Setbacks By Lot Line: The minimum required "building" [SR] "setbacks" [SR] and "vehicle use area setbacks" [SR] from a "lot line" [SR] for a zoning lot shall be subject to the provisions of Section 19.40.135 E., Setbacks By Lot Line, Site Design, ORI Office Research Industrial District, of the Elgin Municipal Code, as amended, except along the southern boundary of “Conservation Area A” where the “building” [SR] “setback” [SR] and the “vehicle use area setbacks” [SR] is fifteen (15) feet. K. Site Design, Southern Developable Area Only, Within 500 Feet of Randall Road, AB Use. In this PORI Planned Office Research Industrial District, within the area labeled “Southern Developable Area,” when located within 500 feet of the Randall Road lot line, and when the “principal use” [SR] is found upon the permitted or conditional use list of Section 19.35.430, Land Use, AB Area Business District, the use and development of land and structures shall be subject to the provisions of Section 19.12, Site Design, of the Elgin Municipal Code, as amended, and the site design regulations shall be subject to the provisions of Section 19.40.435, Site SEPTEMBER 14, 2014 VOLUME LXXXI 380 Design, AB Area Business District, of the Elgin Municipal Code, as amended, except: a. Setbacks By Lot Line: The minimum required "building" [SR] "setbacks" [SR] and "vehicle use area setbacks" [SR] from a "lot line" [SR] for a zoning lot shall be subject to the provisions of Section 19.40.135 E., Setbacks By Lot Line, Site Design, ORI Office Research Industrial District, of the Elgin Municipal Code, as amended, except along the southern boundary of “Conservation Area B” where the “building” [SR] “setback” [SR] and the “vehicle use area setbacks” [SR] is zero (0) feet. L. Site Design, Southern Developable Area Only, Within 500 Feet of Randall Road, ORI Use. In this PORI Planned Office Research Industrial District, within the area labeled “Southern Developable Area,” when located within 500 feet of the Randall Road lot line, and when the “principal use” [SR] is found upon the permitted or conditional use list of Section 19.40.130, Land Use, ORI Office Research Industrial District, the use and development of land and structures shall be subject to the provisions of Section 19.12, Site Design, of the Elgin Municipal Code, as amended, and the site design regulations shall be subject to the provisions of Section 19.40.135, Site Design, ORI Office Research Industrial District, of the Elgin Municipal Code, as amended, except: a. Setbacks By Lot Line: The minimum required "building" [SR] "setbacks" [SR] and "vehicle use area setbacks" [SR] from a "lot line" [SR] for a zoning lot shall be subject to the provisions of Section 19.40.135 E., Setbacks By Lot Line, Site Design, ORI Office Research Industrial District, of the Elgin Municipal Code, as amended, except along the southern boundary of “Conservation Area B” where the “building” [SR] “setback” [SR] and the “vehicle use area setbacks” [SR] is fifteen (15) feet. M. Additional Site Design Requirements, All Developable Areas: In this PORI Planned Office Research Industrial District, within either area labeled “Northern Developable Area” or “Southern Developable Area,” the use and development of land and structures shall be subject to and/or conform with the following: a. Site Plan and Architectural Review and Design Required. Within this PORI Planned Office Research Industrial District, compliance with Chapter 19.14, Architectural Review and Design, of the Elgin Municipal Code, as amended, is required. b. No Loading Docks, Berths, or Doors Along Randall Road. No “loading facility” [SR] shall be located between a “building” [SR] and a “street lot line” [SR] along Randall Road. Similarly, doors appurtenant to a “loading facility” [SR] or other like building features shall not be located along a façade of a “building” [SR] facing a “street lot line” [SR] created by Randall Road. VOLUME LXXXI SEPTEMBER 14, 2016 381 c. Separation of Purely AB Uses, Southern Developable Area. No permitted, conditional, or similar additional enumerated land use, as listed within Subsection G. 1., 2., or 3. of this Section 3, shall be located within the same building as either a permitted, conditional, or similar land use listed within the ORI Office Research Industrial District, Section 19.40.130 A., B., and C. respectively, Land Use, ORI Office Research Industrial District, of the Elgin Municipal Code, as it may be amended from time to time. d. Dedication and Construction of Holmes Road. The applicant shall dedicate to the City of Elgin at no cost the land required for the future extension of Holmes Road as depicted upon the Conceptual Site Plan. The application shall submit a plat of dedication for the future extension of Holmes Road with the first application for development upon the Subject Property. No additional consideration by the Planning & Zoning Commission is required regarding said plat. The applicant shall at its cost construct Holmes Road to city specifications upon the earlier of either (a) when the adjacent property to the west is developed with the roadway extension by others to Big Timber Road, or (b) when applicant’s final developable parcel of vacant land or final subdivided developable lot on the Subject Property is developed or sold. If Kane County Department of Transportation grants direct access to Big Timber Road from the Subject Property in the future, it does not eliminate this condition that Holmes Road be constructed. e. Tree Preservation in the Northern Developable Area and Southern Developable Area. In consideration of the tree preservation in Conservation Area A and Conservation Area B, the Northern Developable Area and the Southern Developable Area shall be exempt from the provisions of Chapter 19.16 of the Elgin Municipal Code, entitled "Tree Preservation". f. Sidewalk. At the time that a parcel with frontage along Randall Road develops, the associated plans shall include and require the installation of a sidewalk along Randall Road matching the design and profile of the existing sidewalk at the Subaru dealership. g. Development Administrator Discretion. Within the “Southern Developable Area,” this planned development permits more traditional retail and commercial uses within 500 feet of Randall Road, and the design of such uses can take advantage of AB Area Business District site design regulations which are typically less than ORI Office Research Industrial District site design regulations. Where a development plan may span said 500-foot demarcation, the Development Administrator has the authority to determine whether AB or ORI site design regulations will be applied to the development, depending upon whether the character of the development is more retail/commercial or more office, research, industrial, respectively. SEPTEMBER 14, 2014 VOLUME LXXXI 382 h. Development Application. The development of land and structures shall be in substantial conformance with the Development Application and supporting documents submitted by John Regan on behalf of David Huang, date stamped received on June 17, 2016, including those pages titled, “Statement of Purpose and Intent,” “Compliance with Development Standards,” “Addendum – Land Use Requested,” and the Conceptual Site Plan, Scheme 05, prepared by Ware Malcomb for Lee & Associates, dated July 25, 2016. In the event of any conflict between such Development Application and such supporting documents and the terms of this ordinance or other applicable city ordinances, the terms of this ordinance or other applicable city ordinances shall supersede and control. i. Compliance with all other applicable codes and ordinances. N. Tree Preservation on Conservation Area A and Conservation Area B. The trees, vegetation and other natural features on Conservation Area A and Conservation Area B as labeled Conceptual Site Plan shall be preserved and maintained. The maintenance and use of Conservation Area A and Conservation Area B shall be in accordance with the terms of this ordinance and in accordance with the Conservation Easement to be recorded over such conservation areas in the form as provided in Exhibit C attached hereto. Conservation Area B, containing approximately 23,086 square feet or .530 acres more or less, is located along the common boundary with the property currently developed with a Subaru dealership and is located to provide a buffer between future development and the more environmentally sensitive area of the dealership property. Within Conservation Area B field observations found at least two large oaks. The owner/developer may enter this area and, using best forestry practices and under the guidance and direction of a certified arborist, remove invasive species, and otherwise thin out underbrush. No species of trees from Group A or B as described within the city's Tree Preservation Ordinance in Chapter 19.16 of the Elgin Municipal Code shall be removed unless for acceptable circumstances, i.e., the tree is dead or diseased. The owner of the subject property shall make his/her best effort to preserve the significant hickory, standing alone approximately 150 feet from the edge of Randall Road and outside of Conservation Area B. The area east of the Conservation Area B may be maintained as lawn and/or developed. The owner/developer shall make his/her best effort to incorporate such hickory into the proposed site plan for that developable area. The above described approach is found to be an appropriate response to the spirit and intent of the City's Tree Preservation Ordinance. In addition, prior to any construction or development work on either the Northern Developable Area or the Southern Developable Area, tree protection measures in the form of a perimeter tree protection barrier around Conservation Area A and Conservation Area B shall be installed to prevent any construction activity on the Northern Developable Area or the Southern Developable Area from damaging any trees within Conservation Area A or Conservation Area B. O. Off Street Parking. In this PORI Planned Office Research Industrial District, off street parking shall be subject to the provisions of Chapter 19.45, Off Street VOLUME LXXXI SEPTEMBER 14, 2016 383 Parking, of the Elgin Municipal Code, as may be amended from time to time, except that the number of off-street parking spaces for manufacturing, warehousing and storage land uses shall be provided at the rate of 1 stall per 1.5 employees based on the peak demand shift or 1 stall per 1,500 square feet of floor area, whichever is greater. Where parking is provided at the 1 stall per 1,500 square foot of floor area rate, the application for building permit must include a site plan which shows that additional parking could be installed within a conforming location(s) on the site at a rate of 1 stall per 1,000 square feet of floor area, and stormwater facilities shall be designed and built as if these “banked” parking spaces were installed. P. Off Street Loading. In this PORI Planned Office Research Industrial District, off street loading shall be subject to the provisions of Chapter 19.47, Off Street Loading, of the Elgin Municipal Code, as amended. Q. Signs. In this PORI Planned Office Research Industrial District, signs shall be subject to the provisions of 19.50, Street Graphics, of the Elgin Municipal Code, as amended. R. Planned Developments. In this PORI Planned Office Research Industrial 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, as amended. S. Conditional Uses. In this PORI Planned Office Research Industrial District, application for conditional uses shall be subject to the provisions of Chapter 19.65, Conditional Uses, of the Elgin Municipal Code, as 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. T. Variations. In this PORI Planned Office Research Industrial District, application for variation shall be subject to the provisions of Chapter 19.70, Variations, of the Elgin Municipal Code, as 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. U. 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, as amended. V. Penalty for Violation. The penalty for the violation of any of the provisions of this ordinance shall be as provided in Section 1.20.020 of the Elgin Municipal Code, 1976, as amended. The levy and/or payment of any penalty or fine shall not be deemed to waiver of the power of the city to suspend, revoke or refuse to renew a SEPTEMBER 14, 2014 VOLUME LXXXI 384 license or permit or to seek injunctive relief to enjoin violations of this ordinance or other applicable provisions of law. Section 4. In the event of any conflict between this ordinance and the allowances and departures described or depicted therein, and the provisions of the Elgin Zoning Ordinance, this ordinance and associated documents shall control and prevail. In the event of any conflict between this ordinance and the associated documents referenced herein, this ordinance shall control and prevail. Section 5. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: September 14, 2016 Passed September 14, 2016 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: September 14, 2016 Published: September 15, 2016 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G41-16 PASSED GRANTING A MAP AMENDMENT FROM ORI OFFICE RESEARCH INDUSTRIAL DISTRICT TO PORI PLANNED OFFICE RESEARCH INDUSTRIAL DISTRICT (+/- 58 ACRES NEAR THE NORTHWEST CORNER OF BIG TIMBER ROAD AND RANDALL ROAD) Councilmember Steffen made a motion, seconded by Councilmember Shaw, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G41-16 AN ORDINANCE VOLUME LXXXI SEPTEMBER 14, 2016 385 GRANTING A MAP AMENDMENT FROM ORI OFFICE RESEARCH INDUSTRIAL DISTRICT TO PORI PLANNED OFFICE RESEARCH INDUSTRIAL DISTRICT (+/- 58 Acres near the Northwest Corner of Big Timber Road and Randall Road) WHEREAS, written application has been made to reclassify certain property located near the northwest corner of Big Timber Road and Randall Road, which property is legally described herein (the “Subject Property”), from ORI Office Research Industrial District to PORI Planned Office Research Industrial District; and WHEREAS, the Planning and Zoning Commission conducted a public hearing on August 1, 2016 following due notice by publication; and WHEREAS, the Community Development Department and the Planning & Zoning Commission have submitted their findings of fact concerning said application; and WHEREAS, the Community Development Department and the Planning & Zoning Commission recommend approval of said application, subject to the conditions articulated below; and WHEREAS, the City Council of the City of Elgin, Illinois has reviewed the findings and recommendations of the Community Development Department and the Planning & Zoning Commission; and WHEREAS, the City of Elgin is a home rule unit and as a home rule unit may exercise any power and preform any function pertaining to its government and affairs; and WHEREAS, zoning, including but not limited to, this ordinance approving a planned development and granting the departures below from the Elgin Zoning Ordinance, pertain to the government and affairs of the city. 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 1, 2016, made by the Community Development Department and the Planning & Zoning 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 PORI Planned Office Research Industrial District, the following described property: SEPTEMBER 14, 2014 VOLUME LXXXI 386 THAT PART OF THE SOUTHEAST 1/4 OF SECTION 31, TOWNSHIP 42 NORTH, AND THAT PART OF THE NORTHWEST FRACTIONAL QUARTER OF SECTION 4, TOWNSHIP 41 NORTH, BOTH IN RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SAID SOUTHEAST 1/4 OF SECTION 31; THENCE NORTH 88 DEGREES 47 MINUTES 45 SECONDS WEST, ALONG THE NORTH LINE OF SAID SOUTHEAST 1/4, A DISTANCE OF 558.23 FEET TO AN EXISTING IRON STAKE; THENCE SOUTH 02 DEGREES 06 MINUTES 07 SECONDS WEST, A DISTANCE OF 463.27 FEET FOR THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 02 DEGREES 06 MINUTES 07 SECONDS WEST, A DISTANCE OF 472.03 FEET TO A NORTH LINE OF DOCUMENT NO. 1261098 AS MONUMENTED; THENCE NORTH 88 DEGREES 30 MINUTES 53 SECONDS WEST, ALONG SAID MONUMENTED LINE, A DISTANCE OF 8.18 FEET TO AN EXISTING IRON STAKE; THENCE SOUTH 02 DEGREES 03 MINUTES 59 SECONDS WEST, ALONG A WEST LINE OF SAID DOCUMENT NO. 1261098 AS MONUMENTED AND THE SOUTHERLY EXTENSION THEREOF, A DISTANCE OF 871.27 FEET TO A LINE THAT BEARS SOUTH 88 DEGREES 51 MINUTES 39 SECONDS WEST FROM A POINT ON THE EAST LINE OF SAID SOUTHEAST 1/4 THAT IS 1782.69 FEET, AS MEASURED ALONG SAID EAST LINE, SOUTHERLY OF THE AFORESAID NORTHEAST CORNER OF THE SOUTHEAST 1/4; THENCE NORTH 88 DEGREES 51 MINUTES 39 SECTION EAST, ALONG SAID LINE, A DISTANCE OF 579.42 FEET TO THE SAID POINT ON THE EAST LINE OF THE SOUTHEAST 1/4 THAT IS 1782.69 FEET SOUTHERLY OF THE NORTHEAST CORNER OF SAID SOUTHEAST 1/4; THENCE SOUTH 01 DEGREES 41 MINUTES 39 SECONDS WEST, ALONG SAID EAST LINE, A DISTANCE OF 870.78 FEET TO THE SOUTHEAST CORNER OF SAID SOUTHEAST 1/4 OF SECTION 31; THENCE NORTH 88 DEGREES 35 MINUTES 34 SECONDS WEST, ALONG THE SOUTH LINE OF SAID SOUTHEAST 1/4, ALSO BEING THE NORTH LINE OF AFORESAID SECTION 4, A DISTANCE OF 70.00 FEET TO THE NORTHWEST CORNER OF LAND CONVEYED TO THE COUNTY OF KANE BY QUIT CLAIM DEED RECORDED APRIL 3, 1978 AS DOCUMENT 1450702; THENCE SOUTH 01 DEGREES 41 MINUTES 39 SECONDS WEST, ALONG THE WEST LINE OF SAID LAND CONVEYED BY DOCUMENT NO. 1450702, A DISTANCE OF 121.26 FEET TO THE SOUTHWEST CORNER THEREOF, ALSO BEING A POINT ON THE NORTH PROPERTY LINE OF THE AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO, TRUST NO. 77704; THENCE NORTH 88 DEGREES 18 MINUTES 21 SECONDS WEST; ALONG SAID NORTH LINE, A DISTANCE OF 286.85 FEET TO THE NORTHWEST CORNER OF SAID AMERICA N NATIONAL BANK AND TRUST COMPANY OF CHICAGO, TRUST NO. 77704; THENCE SOUTH 33 DEGREES 27 MINUTES 17 SECONDS WEST, ALONG THE WESTERLY LINE OF SAID AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO, TRUST NO. 77704 AND THE SOUTHWESTERLY EXTENSION THEREOF, A DISTANCE OF 376.25 FEET TO THE SOUTHWESTERLY RIGHT OF WAY LINE OF BIG TIMBER ROAD; THENCE NORTH 56 DEGREES 32 MINUTES 43 SECONDS WEST, ALONG SAID SOUTHWESTERLY RIGHT OF WAY LINE, A DISTANCE OF 603.71 FEET; THENCE NORTHWESTERLY ALONG SAID SOUTHWESTERLY RIGHT OF WAY VOLUME LXXXI SEPTEMBER 14, 2016 387 LINE, BEING ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 22951.30 FEET AND BEING TANGENT TO THE LAST DESCRIBED COURSE, AN ARC DISTANCE OF 299.08 FEET TO THE WEST LINE OF THE SOUTHEAST 1/4 OF THE AFORESAID SOUTHEAST 1/4 OF SECTION 31; THENCE NORTH 01 DEGREES 44 MINUTES 17 SECONDS EAST, ALONG SAID WEST LINE, A DISTANCE OF 1282.45 FEET TO THE SOUTHEAST CORNER OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 31; THENCE NORTH 88 DEGREES 41 MINUTES 39 SECONDS WEST, ALONG THE SOUTH LINE OF SAID NORTHWEST 1/4 OF SOUTHEAST 1/4 OF SECTION 31, A DISTANCE OF 395.00 FEET; THENCE NORTH 03 DEGREES 23 MINUTES 00 SECONDS EAST, A DISTANCE OF 870.70 FEET TO A LINE THAT BEARS NORTH 88 DEGREES 18 MINUTES 23 SECONDS WEST FROM THE POINT OF BEGINNING; THENCE SOUTH 88 DEGREES 18 MINUTES 23 SECONDS EAST, ALONG SAID LINE, A DISTANCE OF 1128.31 FEET TO THE POINT OF BEGINNING, (EXCEPT PART LYING SOUTH OF CENTER LINE OF BIG TIMBER ROAD; ALSO EXCEPTING THEREFROM THAT PART CONVEYED TO THE PEOPLE OF KANE COUNTY DESCRIBED AS BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 42 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN; THENCE ON AN ASSUMED BEARING OF NORTH 0 DEGREES 15 MINUTES 40 SECONDS EAST ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER 870.78 FEET; THENCE SOUTH 87 DEGREES 25 MINUTES 55 SECONDS WEST 59.94 FEET; THENCE SOUTH 0 DEGREES 15 MINUTES 13 SECONDS WEST PARALLEL WITH THE CENTER LINE OF RANDALL ROAD 868.12 FEET TO THE SOUTH LINE OF SAID SOUTHEAST QUARTER; THENCE NORTH 9 DEGREES 58 MINUTES 18 SECONDS EAST ALONG SAID SOUTH LINE 59.78 FEET TO THE POINT OF BEGINNING), IN DUNDEE TOWNSHIP AND ELGIN TOWNSHIP, KANE COUNTY, ILLINOIS. Section 3. That the City Council of the City of Elgin hereby grants the rezoning from ORI Office Research Industrial District to PORI Planned Office Research Industrial District for the Subject Property, which is legally described above, and which shall be designed, developed, and operated subject to the following provisions: W. Purpose and Intent. The purpose of the PORI Planned Office Research Industrial District is to provide an industrial environment that fosters a sense of place and destination within a coordinated campus or park setting through the applicable site design regulations, subject to the provisions of Chapter 19.60, Planned Developments, of the Elgin Municipal Code, as amended. A PORI zoning district is most similar to, but departs from the standard requirements of the ORI zoning district. X. Supplementary Regulations. Any word or phrase contained herein, followed by the symbol “[SR]”, shall be subject to the definitions and the additional interpretive requirements provided in Chapter 19.90, Supplementary Regulations, of the Elgin Municipal Code, as amended. The exclusion of such symbol shall not exempt such word or phrase from the applicable supplementary regulation. For the purpose of SEPTEMBER 14, 2014 VOLUME LXXXI 388 this planned development, the following words and phrases shall have the following meaning: a. “Northern Developable Area” shall refer to that area labeled “Northern Developable Area” on the July 25, 2016 Conceptual Site Plan, Scheme 05, prepared by Ware Malcomb, a copy of such Conceptual Site Plan is attached hereto and made a part hereof by reference as Exhibit B (the "Conceptual Site Plan"); b. “Southern Developable Area” shall refer to that area labeled “Southern Developable Area” on the Conceptual Site Plan; c. “Conservation Area A”, containing 456,534 square feet or 10.481 acres more or less, shall refer to that area labeled “Conservation Area A” on the Conceptual Site Plan; and d. “Conservation Area B”, containing 23,086 square feet or .530 acres more or less, shall refer to that area labeled “Conservation Area B” on the Conceptual Site Plan. Y. 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 Elgin Municipal Code, as may be amended from time to time. Z. Zoning Districts - Generally. In this PORI Planned Office Research Industrial 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. AA. Location and Size of District. The PORI Planned Office Research Industrial District should be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate PORI 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 district shall be granted by the City Council. BB. Land Use, Northern Developable Area Only. In this PORI Planned Office Research Industrial District and within the “Northern Developable Area,” 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 enumerated “land uses” [SR] shall be the only land uses allowed as a “permitted use” [SR] or as a “conditional use” [SR] in this PORI Planned Office Research Industrial District and within the “Northern Developable Area”: 4. Permitted Uses. Those land uses enumerated as permitted uses within the ORI Office Research Industrial District, Section 19.40.130 A., Land Use, ORI Office Research Industrial District of the Elgin Municipal Code, as it may be amended from time to time. VOLUME LXXXI SEPTEMBER 14, 2016 389 5. Conditional Uses. Those land uses enumerated as conditional uses within the ORI Office Research Industrial District, Section 19.40.130 B., Land Use, ORI Office Research Industrial District of the Elgin Municipal Code, as it may be amended from time to time. 6. Similar Uses. Those land uses enumerated as similar uses within the ORI Office Research Industrial District, Section 19.40.130 C., Land Use, ORI Office Research Industrial District of the Elgin Municipal Code, as it may be amended from time to time. Such similar uses shall be subject to classification as a permitted use or as a conditional use in this PORI Planned Office Research Industrial District or in a less restrictive zoning district, pursuant to Subsection 19.10.400 H, Classification of Land Uses, of the Elgin Municipal Code, 1976, as amended. CC. Land Use, Southern Developable Area Only. In this PORI Planned Office Research Industrial District and within the “Southern Developable Area,” 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 enumerated “land uses” [SR] shall be the only land uses allowed as a “permitted use” [SR] or as a “conditional use” [SR] in this PORI Planned Office Research Industrial District and within the “Southern Developable Area,” except for those land uses which are prohibited within an arterial road corridor overlay district as provided for within Section 19.15.520, Land Uses, of the Elgin Municipal Code, as amended: 4. Permitted Uses. Those land uses enumerated as permitted uses within the ORI Office Research Industrial District, Section 19.40.130 A., Land Use, of the Elgin Municipal Code, as it may be amended from time to time, as well as the following additional enumerated land uses, shall be the only land uses allowed as a permitted use in this PORI Planned Office Research Industrial District: a. Services division: Automotive renting and leasing without drivers (751). Barbershops (724). Beauty shops (723). Coin operated laundries and dry cleaning (7215). Garment pressing, and agents for laundries and dry cleaners (7212). Laundry collecting and distributing outlets (7211). SEPTEMBER 14, 2014 VOLUME LXXXI 390 Miscellaneous equipment rental and leasing (735). Miscellaneous personal services not elsewhere classified (7299). Photographic studios, portrait (722). Radio and television repair shops (7622). Shoe repair shops and shoeshine parlors (725). Videotape rental (784). b. Retail trade division: Apparel and accessory stores (56). Auto supply stores (5531) limited to the sale of auto parts and prohibiting the installation of auto parts or repair of motor vehicles on the zoning lot. Building materials, hardware and garden supply (52). Carryout restaurants (5812). Convenience food stores, operated on a twenty four (24) hour basis (5411). 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 (5511, 5551, 5561, 5571). News dealers (5994). VOLUME LXXXI SEPTEMBER 14, 2016 391 Optical goods stores (5995). "Outdoor eating and drinking facilities" [SR] (UNCL). c. Agricultural division: Dog grooming (0752). Greenhouses for floral products, exclusively "accessory" [SR] to a use allowed in the zoning district (0181). Lawn and garden services (0782). Ornamental shrub and tree services (0783). Veterinary services for household pets (0742). d. Construction division: Permanent contractor’s office with associated shop/production area and material and equipment storage, provided that all such activities take place within an enclosed building; no outdoor storage is permitted. e. Manufacturing division: Commercial printing occupying less than five thousand (5,000) square feet of gross floor area (2752). f. Miscellaneous uses division: "Accessory structures" [SR] (UNCL) to the above-listed permitted uses, subject to the provisions of section 19.12.500 of this title. "Accessory uses" [SR] (UNCL) to the above-listed permitted uses, 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. "Loading facilities" [SR] (UNCL), exclusively "accessory" [SR] to an above- listed permitted use, subject to the provisions of chapter 19.47 of this title. "Outdoor display areas" [SR] (UNCL). "Outdoor display lots" [SR] (UNCL). SEPTEMBER 14, 2014 VOLUME LXXXI 392 "Parking lots" [SR] (UNCL), exclusively "accessory" [SR] to an above-listed permitted use, subject to the provisions of chapter 19.45 of this title. "Parking structures" [SR] (UNCL), exclusively "accessory" [SR] to an above- listed permitted use, subject to the provisions of chapter 19.45 of this title. 5. Conditional Uses. Those land uses enumerated as conditional uses within the ORI Office Research Industrial District, Section 19.40.130 B., Land Use, of the Elgin Municipal Code, as it may be amended from time to time, as well as the following additional enumerated land uses, shall be the only land uses allowed as a conditional use in this PORI Planned Office Research Industrial District: a. Services division: Amusement parks (7996). Arenas, sports fields, and stadiums (UNCL). Bowling centers (7933). "Car washes" [SR] (7542). Dance studios and schools (791). Drive-in motion picture theaters (7833). Funeral service (726). Membership organizations (86). Membership sports and recreation clubs (7997). Motion picture theaters (7832). "Motor vehicle repair shops” [SR] (753), but only as part of a Motor vehicle dealer (5511). Other schools and educational services (829). Physical fitness facilities (7991). b. Retail trade division: Drive-in restaurants (5812). VOLUME LXXXI SEPTEMBER 14, 2016 393 Firearms sales (5941). "Motor vehicle service stations" [SR] (554). "Package liquor sales establishments" [SR] (5921). c. Agricultural division: "Kennels" [SR] (0752). d. Wholesale trade division: Beer, wine, and distilled alcoholic beverages (518). Lumber and other construction materials (503). e. Transportation, communication, and utilities division: Courier services (4215). f. Miscellaneous uses division: "Accessory structures" [SR] (UNCL) to the above-listed conditional uses, subject to the provisions of section 19.12.500 of this title. "Accessory uses" [SR] (UNCL) to the above-listed conditional uses, subject to the provisions of section 19.10.400 of this title. 6. Similar Uses. Those land uses enumerated as similar uses within the ORI Office Research Industrial District, Section 19.40.130 C., Land Use, of the Elgin Municipal Code, as it may be amended from time to time, as well as the following additional enumerated land uses, shall be subject to classification as a permitted use or a conditional use in this PORI Planned Office Research Industrial District or in a less restrictive zoning district, pursuant to Subsection 19.10.400 H., Classification of Land Uses, of the Elgin Municipal Code, as amended: Wholesale trade division: Miscellaneous durable goods (509). Miscellaneous nondurable goods (519). DD. Land Use, Conservation Area A and Conservation Area B Only. In this PORI Planned Office Research Industrial District and within Conservation Area A and Conservation Area B, the only land uses allowed as a "Permitted Use" [SR], as a SEPTEMBER 14, 2014 VOLUME LXXXI 394 "Conditional Use" [SR] or as a similar use shall be for open space and conservation and preservation of the existing trees, vegetation and other natural conditions on such properties. The owner of the Subject Property shall record a conservation easement in the form as provided in Exhibit C attached hereto and made a part hereof by reference over those areas labeled "Conservation Area A" and "Conservation Area B" on the "Conceptual Site Plan" within one hundred and eighty (180) days of the adoption of this ordinance and prior to any work on the Subject Property. The owner of Conservation Area A and Conservation Area B shall at all times comply with the terms of the Conservation Easement and maintain such conservation areas as required by and provided for in this ordinance and the Conservation Easement. EE. Site Design, Northern Developable Area Only. In this PORI Planned Office Research Industrial District and within the area labeled “Northern Developable Area,” the use and development of land and structures shall be subject to the provisions of Section 19.12, Site Design, of the Elgin Municipal Code, as amended, and the site design regulations shall be subject to the provisions of Section 19.40.135 Site Design, ORI Office Research Industrial District, of the Elgin Municipal Code, as amended. FF. Site Design, Southern Developable Area Only, More Than 500 Feet from Randall Road. In this PORI Planned Office Research Industrial District, within the “Southern Developable Area,” and when located more than 500 feet from the Randall Road lot line, the use and development of land and structures shall be subject to the provisions of Section 19.12, Site Design, of the Elgin Municipal Code, as amended, and the site design regulations shall be subject to the provisions of Section 19.40.135 Site Design, ORI Office Research Industrial District, of the Elgin Municipal Code, as amended, except: b. Setbacks By Lot Line: The minimum required "building" [SR] "setbacks" [SR] and "vehicle use area setbacks" [SR] from a "lot line" [SR] for a zoning lot shall be subject to the provisions of Section 19.40.135 E., Setbacks By Lot Line, Site Design, ORI Office Research Industrial District, of the Elgin Municipal Code, as amended, except along the southern boundary of “Conservation Area A” where the “building” [SR] “setback” [SR] and the “vehicle use area setbacks” [SR] is fifteen (15) feet. GG. Site Design, Southern Developable Area Only, Within 500 Feet of Randall Road, AB Use. In this PORI Planned Office Research Industrial District, within the area labeled “Southern Developable Area,” when located within 500 feet of the Randall Road lot line, and when the “principal use” [SR] is found upon the permitted or conditional use list of Section 19.35.430, Land Use, AB Area Business District, the use and development of land and structures shall be subject to the provisions of Section 19.12, Site Design, of the Elgin Municipal Code, as amended, and the site design regulations shall be subject to the provisions of Section 19.40.435, Site VOLUME LXXXI SEPTEMBER 14, 2016 395 Design, AB Area Business District, of the Elgin Municipal Code, as amended, except: b. Setbacks By Lot Line: The minimum required "building" [SR] "setbacks" [SR] and "vehicle use area setbacks" [SR] from a "lot line" [SR] for a zoning lot shall be subject to the provisions of Section 19.40.135 E., Setbacks By Lot Line, Site Design, ORI Office Research Industrial District, of the Elgin Municipal Code, as amended, except along the southern boundary of “Conservation Area B” where the “building” [SR] “setback” [SR] and the “vehicle use area setbacks” [SR] is zero (0) feet. HH. Site Design, Southern Developable Area Only, Within 500 Feet of Randall Road, ORI Use. In this PORI Planned Office Research Industrial District, within the area labeled “Southern Developable Area,” when located within 500 feet of the Randall Road lot line, and when the “principal use” [SR] is found upon the permitted or conditional use list of Section 19.40.130, Land Use, ORI Office Research Industrial District, the use and development of land and structures shall be subject to the provisions of Section 19.12, Site Design, of the Elgin Municipal Code, as amended, and the site design regulations shall be subject to the provisions of Section 19.40.135, Site Design, ORI Office Research Industrial District, of the Elgin Municipal Code, as amended, except: b. Setbacks By Lot Line: The minimum required "building" [SR] "setbacks" [SR] and "vehicle use area setbacks" [SR] from a "lot line" [SR] for a zoning lot shall be subject to the provisions of Section 19.40.135 E., Setbacks By Lot Line, Site Design, ORI Office Research Industrial District, of the Elgin Municipal Code, as amended, except along the southern boundary of “Conservation Area B” where the “building” [SR] “setback” [SR] and the “vehicle use area setbacks” [SR] is fifteen (15) feet. II. Additional Site Design Requirements, All Developable Areas: In this PORI Planned Office Research Industrial District, within either area labeled “Northern Developable Area” or “Southern Developable Area,” the use and development of land and structures shall be subject to and/or conform with the following: a. Site Plan and Architectural Review and Design Required. Within this PORI Planned Office Research Industrial District, compliance with Chapter 19.14, Architectural Review and Design, of the Elgin Municipal Code, as amended, is required. b. No Loading Docks, Berths, or Doors Along Randall Road. No “loading facility” [SR] shall be located between a “building” [SR] and a “street lot line” [SR] along Randall Road. Similarly, doors appurtenant to a “loading facility” [SR] or other like building features shall not be located along a façade of a “building” [SR] facing a “street lot line” [SR] created by Randall Road. SEPTEMBER 14, 2014 VOLUME LXXXI 396 c. Separation of Purely AB Uses, Southern Developable Area. No permitted, conditional, or similar additional enumerated land use, as listed within Subsection G. 1., 2., or 3. of this Section 3, shall be located within the same building as either a permitted, conditional, or similar land use listed within the ORI Office Research Industrial District, Section 19.40.130 A., B., and C. respectively, Land Use, ORI Office Research Industrial District, of the Elgin Municipal Code, as it may be amended from time to time. d. Dedication and Construction of Holmes Road. The applicant shall dedicate to the City of Elgin at no cost the land required for the future extension of Holmes Road as depicted upon the Conceptual Site Plan. The application shall submit a plat of dedication for the future extension of Holmes Road with the first application for development upon the Subject Property. No additional consideration by the Planning & Zoning Commission is required regarding said plat. The applicant shall at its cost construct Holmes Road to city specifications upon the earlier of either (a) when the adjacent property to the west is developed with the roadway extension by others to Big Timber Road, or (b) when applicant’s final developable parcel of vacant land or final subdivided developable lot on the Subject Property is developed or sold. If Kane County Department of Transportation grants direct access to Big Timber Road from the Subject Property in the future, it does not eliminate this condition that Holmes Road be constructed. e. Tree Preservation in the Northern Developable Area and Southern Developable Area. In consideration of the tree preservation in Conservation Area A and Conservation Area B, the Northern Developable Area and the Southern Developable Area shall be exempt from the provisions of Chapter 19.16 of the Elgin Municipal Code, entitled "Tree Preservation". f. Sidewalk. At the time that a parcel with frontage along Randall Road develops, the associated plans shall include and require the installation of a sidewalk along Randall Road matching the design and profile of the existing sidewalk at the Subaru dealership. g. Development Administrator Discretion. Within the “Southern Developable Area,” this planned development permits more traditional retail and commercial uses within 500 feet of Randall Road, and the design of such uses can take advantage of AB Area Business District site design regulations which are typically less than ORI Office Research Industrial District site design regulations. Where a development plan may span said 500-foot demarcation, the Development Administrator has the authority to determine whether AB or ORI site design regulations will be applied to the development, depending upon whether the character of the development is more retail/commercial or more office, research, industrial, respectively. VOLUME LXXXI SEPTEMBER 14, 2016 397 h. Development Application. The development of land and structures shall be in substantial conformance with the Development Application and supporting documents submitted by John Regan on behalf of David Huang, date stamped received on June 17, 2016, including those pages titled, “Statement of Purpose and Intent,” “Compliance with Development Standards,” “Addendum – Land Use Requested,” and the Conceptual Site Plan, Scheme 05, prepared by Ware Malcomb for Lee & Associates, dated July 25, 2016. In the event of any conflict between such Development Application and such supporting documents and the terms of this ordinance or other applicable city ordinances, the terms of this ordinance or other applicable city ordinances shall supersede and control. i. Compliance with all other applicable codes and ordinances. JJ. Tree Preservation on Conservation Area A and Conservation Area B. The trees, vegetation and other natural features on Conservation Area A and Conservation Area B as labeled Conceptual Site Plan shall be preserved and maintained. The maintenance and use of Conservation Area A and Conservation Area B shall be in accordance with the terms of this ordinance and in accordance with the Conservation Easement to be recorded over such conservation areas in the form as provided in Exhibit C attached hereto. Conservation Area B, containing approximately 23,086 square feet or .530 acres more or less, is located along the common boundary with the property currently developed with a Subaru dealership and is located to provide a buffer between future development and the more environmentally sensitive area of the dealership property. Within Conservation Area B field observations found at least two large oaks. The owner/developer may enter this area and, using best forestry practices and under the guidance and direction of a certified arborist, remove invasive species, and otherwise thin out underbrush. No species of trees from Group A or B as described within the city's Tree Preservation Ordinance in Chapter 19.16 of the Elgin Municipal Code shall be removed unless for acceptable circumstances, i.e., the tree is dead or diseased. The owner of the subject property shall make his/her best effort to preserve the significant hickory, standing alone approximately 150 feet from the edge of Randall Road and outside of Conservation Area B. The area east of the Conservation Area B may be maintained as lawn and/or developed. The owner/developer shall make his/her best effort to incorporate such hickory into the proposed site plan for that developable area. The above described approach is found to be an appropriate response to the spirit and intent of the City's Tree Preservation Ordinance. In addition, prior to any construction or development work on either the Northern Developable Area or the Southern Developable Area, tree protection measures in the form of a perimeter tree protection barrier around Conservation Area A and Conservation Area B shall be installed to prevent any construction activity on the Northern Developable Area or the Southern Developable Area from damaging any trees within Conservation Area A or Conservation Area B. KK. Off Street Parking. In this PORI Planned Office Research Industrial District, off street parking shall be subject to the provisions of Chapter 19.45, Off Street SEPTEMBER 14, 2014 VOLUME LXXXI 398 Parking, of the Elgin Municipal Code, as may be amended from time to time, except that the number of off-street parking spaces for manufacturing, warehousing and storage land uses shall be provided at the rate of 1 stall per 1.5 employees based on the peak demand shift or 1 stall per 1,500 square feet of floor area, whichever is greater. Where parking is provided at the 1 stall per 1,500 square foot of floor area rate, the application for building permit must include a site plan which shows that additional parking could be installed within a conforming location(s) on the site at a rate of 1 stall per 1,000 square feet of floor area, and stormwater facilities shall be designed and built as if these “banked” parking spaces were installed. LL. Off Street Loading. In this PORI Planned Office Research Industrial District, off street loading shall be subject to the provisions of Chapter 19.47, Off Street Loading, of the Elgin Municipal Code, as amended. MM. Signs. In this PORI Planned Office Research Industrial District, signs shall be subject to the provisions of 19.50, Street Graphics, of the Elgin Municipal Code, as amended. NN. Planned Developments. In this PORI Planned Office Research Industrial 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, as amended. OO. Conditional Uses. In this PORI Planned Office Research Industrial District, application for conditional uses shall be subject to the provisions of Chapter 19.65, Conditional Uses, of the Elgin Municipal Code, as 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. PP. Variations. In this PORI Planned Office Research Industrial District, application for variation shall be subject to the provisions of Chapter 19.70, Variations, of the Elgin Municipal Code, as 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. QQ. 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, as amended. RR. Penalty for Violation. The penalty for the violation of any of the provisions of this ordinance shall be as provided in Section 1.20.020 of the Elgin Municipal Code, 1976, as amended. The levy and/or payment of any penalty or fine shall not be deemed to waiver of the power of the city to suspend, revoke or refuse to renew a VOLUME LXXXI SEPTEMBER 14, 2016 399 license or permit or to seek injunctive relief to enjoin violations of this ordinance or other applicable provisions of law. Section 4. In the event of any conflict between this ordinance and the allowances and departures described or depicted therein, and the provisions of the Elgin Zoning Ordinance, this ordinance and associated documents shall control and prevail. In the event of any conflict between this ordinance and the associated documents referenced herein, this ordinance shall control and prevail. Section 5. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: September 14, 2016 Passed September 14, 2016 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: September 14, 2016 Published: September 15, 2016 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Mayor Kaptain noted that the Foreign Fire Insurance Tax Board minutes listed on the agenda were approved at a previous meeting. Councilmember Shaw made a motion, seconded by Councilmember Dunne, to place the following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Bicycle and Pedestrian Advisory Committee, July 5, 2016 Fire Pension Fund, April 26 and July 26, 2016 Human Relations Commission May 3 and June 7, 2016 Committee of the Whole Minutes August 10, 2016 City Council Minutes August 10, 2016 Electricity Tax Natural Gas Tax SEPTEMBER 14, 2014 VOLUME LXXXI 400 Alcoholic Liquor Tax ANNOUNCEMENTS Mayor Kaptain made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Dunne made a motion, seconded by Councilmember Shaw, to adjourn the meeting. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. The meeting adjourned at 7:44 p.m. s/ Kimberly Dewis September 28, 2016 Kimberly Dewis, City Clerk Date Approved