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Home My WebLink AboutG35-19 Recorded Hill ll .�! Iii 1111111111 x1922 16636:0 Dnc# 1922616036 Fee ''$88.00 RHSP FEE:$9.00 RPRF FEE: $1.00 State of Illinois ) EDWARD M. MOODY County of Kane) ss COOK COUNTY RECORDER OF DEEDS City of Elgin ) DATE: 08/14/2019 12:51 PM PG: 1 OF 8 • CERTIFICATE OF CITY CLERK I, Kimberly Dewis, DO HEREBY CERTIFY that I am the duly qualified City Clerk of the City of Elgin, in the Counties of Kane and Cook in the State of Illinois, and that as such City Clerk I am the keeper and custodian of the files and records of said City of Elgin and the seal thereof. • I DO FURTHER CERTIFY that the attached is a full, true, and correct copy of: ORDINANCE NO. G35-19 AN ORDINANCE RECLASSIFYING NEWLY ANNEXED TERRITORY IN THE PNB PLANNED NEIGHBORHOOD BUSINESS DISTRICT (1620 Villa Street) passed by the Elgin City Council at its legally convened meeting held on July 24, 2019. In Witness Whereof, I have hereunto set my hand and affixed the corporate seal of the Ci• . I=� � at the said City in the County and State aforesaid this August 8, 2019. • Res n.uM 4AA • ;•- "('‘‘eZIee/1 A-Vie 5 City LVk 10*:, ;it This instrument prepared by: Return to: William A. Cogley Kimberly Dewis Corporation Counsel Elgin City Clerk City of Elgin 150 Dexter Court 150 Dexter Court Elgin, IL 60120 Elgin, IL 60120 Q RECURUlN►f FEE SS DATE 6 I# COPIES OK riy 1 . Ordinance No. G35-19 AN ORDINANCE RECLASSIFYING NEWLY ANNEXED TERRITORY IN THE-PNB PLANNED NEIGHBORHOOD BUSINESS DISTRICT (1620 Villa Street) WHEREAS, the territory herein described has been annexed to the City of Elgin; and WHEREAS, written application has been made to classify said territory in the PNB • Planned Neighborhood Business District; and WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on May 6, 2019 following due notice including by publication;.and WHEREAS, the Community Development Department and the Planning and Zoning Commission have submitted their Findings of Fact concerning said application; and WHEREAS, the Community Development Department and the Planning and 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 and Zoning Commission; and WHEREAS, the City of Elgin is a home rule unit and as a home rule unit may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, zoning, including, but not limited to, this ordinance classifying certain territory in the PNB Planned Neighborhood Business District pertains 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 May 6, 2019, and the recommendations made by the Community Development Department and the Planning and Zoning Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That Chapter 19.07 Zoning Districts, Section 19.08.020 entitled "Official Zoning District Map" of the Elgin Municipal Code, as amended, be and the same is hereby further amended by adding thereto the following paragraph: - 1 - 1�= The boundaries hereinafter laid out in the "Zoning District Map", as amended, be and are hereby altered by including in the PNB Planned Neighborhood Business District the following described property: THAT PART OF THE SOUTHEAST QUARTER OF SECTION 20 AND THE • NORTHEAST QUARTER OF SECTION29, TOWNSHIP 41 NORTH, RANGE 9 EAST • OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHERN MOST CORNER OF ROUTE 20 (LAKE STREET) RIGHT OF WAY CONVEYED BY DOCUMENT 050274933, RECORDED JANUARY 27, 2005; THENCE SOUTH 27 DEGREES 32 MINUTES 19 SECONDS WEST, ALONG TI-IE WESTERLY LINE OF SAID RIGHT OF WAY, 61.62 FEET; THENCE SOUTH 67 DEGREES 55 MINUTES 00 SECONDS WEST, ALONG SAID WESTERLY LINE, 38.59 FEET TO THE NORTHERLY RIGHT OF WAY OF U.S. ROUTE 20 PER PLAT OF DEDICATION OF S.B.I. ROUTE 5 (LAKE STREET) RECORDED NOVEMBER 17, 1932 IN BOOK 301 OF PLATS, PAGES 18 AND 19; THENCE WESTERLY 89.87 FEET ALONG SAID NORTHERLY RIGHT OF WAY LINE OF U.S. ROUTE NO 20, BEING A CURVE TO THE RIGHT; HAVING A RADIUS OF 2,153.87 FEET, CI-LORD BEARING NORTH 59 DEGREES 32 MINUTES 08 SECONDS WEST, AND CHORDLENGTH OF 89.86 FEET TO A POINT OF TANGENCY; THENCE NORTI-I 58 DEGREES 20 MINUTES 24 SECONDS WEST, ALONG SAID NORTHERLY RIGHT OF WAY LINE, 392.41 FEET TO THE SOUTHEASTERLY LINE, AS MONUMENTED, OF LOT 17 IN THE COUNTY CLERK'S DIVISION OF AFORESAID SECTION 20, ACCORDING TO THE PLAT THEREOF RECORDED MAY 31. 1898 AS DOCUMENT 2227309: THENCE NORTH 59 DEGREES 42 MINUTES 44 SECONDS EAST, ALONG SAID SOUTHEASTERLY LINE 260.54 FEET, TO THE SOUTHERLY LINE OF LAMBERT LANE PER DOCUMENT 1006844025, RECORDED MARCH 9, 2010; THENCE NORTHERLY, 152.08 FEET ALONG SAID SOUTHERLY LINE, BEING A CURVE TO THE LEFT, HAVING A RADIUS OF 208.00 FEET. CHORD BEARING NORTH 85 DEGREES 47 MINUTES 43 SECONDS EAST. AND CHORD LENGTH OF 148.71 FEET TO A POINT OF • REVERSE CURVE; THENCE EASTERLY AND SOUTHERLY, 290.05 FEET ALONG SAID SOUTHERLY LINE, BEING A CURVE TO THE RIGHT, HAVING A RADIUS OF 142.00 FEET, CHORD BEARING SOUTH 56 DEGREES .38 MINUTES 03 SECONDS EAST AND A CHORD LENGTH OF 242.19 FEET; THENCE SOUTI-I 27 DEGREES 32 MINUTES 19 SECONDS WEST. ALONG THE WESTERLY LINE OF SAID LAMBERT LANE, 215.95 FEET TO THE POINT-OF BEGINNING, IN COOK COUNTY, ILLINOIS. (commonly known as 1620 Villa Street), and Section 3. That the City Council of the City of Elgin hereby classifies the subject property in the PNB Planned Neighborhood Business District, which shall be designed, developed, and operated subject to the following provisions: A. Purpose and Intent. The purpose of the PNB Planned Neighborhood Business District is to provide for planned commercial areas supplying daily convenience • - 2 - commodities and services to a neighborhood population, subject to the provisions • of Chapter 19.60 "Planned Developments" of the Elgin Municipal Code, as amended. The scale of development of a PNB zoning district is limited by the applicable site design regulations due to its function and resulting close proximity . to residences. A PNB zoning district is most similar to, but departs from the standards requirements of the NB zoning district. B. Supplementary Regulations. Any word or phrase contained herein, followed by the symbol "[SR]", shall be subject to the definitions and the additional interpretive • requirements provided in Chapter 19.90 "Supplementary Regulations", of the Elgin Municipal Code, as amended. The exclusion of such symbol shall not exempt such word or phrase from the applicable supplementary regulation. C. General Provisions. In this PNB Planned Neighborhood Business 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 PNB Planned Neighborhood Business 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. PNB Planned Neighborhood Business Districts should be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate PNB Planned Neighborhood Business District exclusive of rights of way, but including adjoining land or land directly opposite a right of way shall not be less than two (2) acres. No departure from the required minimum size of a planned industrial district shall be granted by the City Council. • F. Land Use. In this PNB Planned Neighborhood Business District, the use and development of land and structures shall be subject to the provisions of Chapter 19.10 "Land Use", of the Elgin Municipal Code, as amended. The following enumerated "land uses" [SR] shall be the only land uses allowed as a "permitted use" [SR] or as a "conditional use" [SR] in this PNB Planned Neighborhood Business District: 1. Permitted Uses. Those land uses enumerated as permitted uses within the NB Neighborhood Business District, Section 19.35.330 A., Land Use, of the Elgin Municipal Code, as it may be amended from time to time. 2. Conditional Uses. Those land uses enumerated as conditional uses within the NB Neighborhood Business District, Section 19.35.330 B., Land Use, 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 NB Neighborhood Business District, Section 19.35.330 C., Land Use, of the Elgin Municipal Code, as it may be amended from time to time. • G. Site Design. In this PNB Planned Neighborhood 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, Section 19.35.335 • "Site Design" for NB Neighborhood Business District, of the Elgin Municipal Code, as amended, except as provided within this section, and shall be in substantial • conformance with the following documents: 1. Substantial conformance to the Development Application submitted by Everclean CW, as applicant, and Susan Metzger, as property owner, received February 15, 2019, and supporting documents including: a. "Statement of Purpose and Conformance for a new development at NWC of Lake Street and Lambert Lane, Unincorporated Elgin" letter, prepared by Thomas Kim, Manager, Everwash, dated October 18, 2018; • b. "Conditional Use Statement of Purpose and Conformance" letter, prepared • by Thomas Kim, Manager, Everwash, dated October 15, 2018; c. Alta/NSPS Land Title Survey, prepared by Engineering Enterprises, Inc., dated March 28, 2018; • d. Plat of Annexation to the City of Elgin Kane County, Illinois, prepared by Engineering Enterprises, Inc., dated June 18 2019, with such further revisions as required by the City Engineer; e. Final Plat of Morningside Point Subdivision, prepared by Engineering Enterprises, Inc., dated October 25, 2018, last revised May 28, 2019, with such further revisions as required by the City Engineer; f. Site Plan & Geometric Plan, prepared by Haeger Engineering, dated May 10, 2019, with such further revisions as required by the Community Development Director; • g. Landscape Plan, prepared by Ringers Landscape Services, Inc., dated July 16, 2018, last revised May 12, 2019, with such further revisions as required by the Community Development Director; h. Site Photometric and Lighting Plan, prepared by Haeger Engineering, dated July 1, 2019, with such further revisions as required by the Community Development Director; • i. XSP2 LED Street/Area Luminaire by CREE light fixture specification, received June 18, 2019, with such further_ revisions as required by the Community Development Director; j. XSPW LED Wall Mount Luminaire by CREE light fixture specification, received June 18, 2019, with such further revisions as required by the Community Development Director; k. Everclean Carwash plans, prepared by Barker/Nestor Architecture Design, dated May 15, 2019, with such further revisions as required by the Community Development Director; - 4 - • • 1. Site Plan and Geometric Plan, Sheet 10 of 10, with signage notations, • prepared by Bono Consulting, Inc., dated May 9, 2018, last revised March 6, 2019, with such further revisions as required by the Community Development Director; m. Sign Plans, prepared by Landmark Sign Group, dated May 15, 2019, with such further revisions as required by the Community Development Director; and n. Car Wash Development Site Development Plan 1620 Villa Street, Elgin Cook County, IL preliminary engineering plans, prepared by Bono Consulting, Inc., dated May 9, 2018, last revised April 5, 2019, with such • further revisions as required by the City Engineer; • • In the event of any conflict between such 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. • 2. A departure is hereby granted to allow the construction of the building with no masonry material on all building elevations. 3. The exterior of the refuse enclosure shall match the exterior material of the building. 4. All exterior site lighting shall be installed in compliance with Chapter.19.13, "Outdoor Lighting", of the Elgin.Municipal Code, as amended. 5. Compliance with all applicable codes and ordinances. H. Off Street Parking. In this PNB Planned Neighborhood Business District, off-street • parking shall be subject to the provisions of Chapter 19.45 "Off Street Parking", of • the Elgin Municipal Code, as amended. Off Street Loading. In this PNB Planned Neighborhood Business District, off- • street loading shall be subject to the provisions of Chapter 19.47 "Off Street Loading", of the Elgin Municipal Code, as amended. J. Signs. In this PNB Planned Neighborhood Business District, signs shall be subject to the provisions of 19.50 "Street Graphics", of the Elgin Municipal Code, as amended, except as provided within this section, and shall be in substantial conformance with the following documents: 1. A departure is hereby granted to allow three wall graphics on the building. 2. A departure is hereby granted to allow a total of four directional graphics. The directional graphics at the driveway entrances/exits to the site, and the proposed directional graphic for "Free Vacuums" must include a masonry base which matches the masonry base of the main monument graphic. The proposed "1 A - 5 - • • • Illuminated Go-Go Sign" graphic is not required to have a masonry base. All directional graphics shall be maximum three feet high and two square feet in • area (not including the base). 3. A departure is hereby granted to allow a total of six drive-through facility • • graphics. The "Lane Menu Towers" graphics adjacent to the drive-through pay- lanes are not required to have a masonry base, and must be constructed in substantial compliance with the following: a. Sign Plans, prepared by Landmark Sign 15, the Community Development • Director; 4. Any type of portable graphics, including"Windmaster Signs"are not permitted. K. Nonconforming Uses and Structures. In this PNB Planned Neighborhood Business 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 amended. L. Amendments. In this PNB Planned Neighborhood Business District, text and map • amendments shall be subject to the provisions of Chapter 19.55 "Amendments" of the Elgin Municipal Code, as amended. M. Planned Developments. In this PNB Planned Neighborhood Business 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. A conditional use for a planned development may be requested by the property owner without requiring an amendment to this PNB zoning district. N. Conditional Uses. In this PNB Planned Neighborhood Business District, 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 the property owner without requiring an amendment to this PNB zoning district. • 0. Variations. In this PNB Planned Neighborhood Business District, variations shall be subject to the provisions of Chapter 19.10.500 "Authorized Land Use Variations", Chapter 19.12.800 "Authorized Site Design Variations", and Chapter 19.70 "Variations", of the Elgin Municipal Code, as amended. A variation may be requested by the property owner without requiring an amendment to this PNB zoning district. - 6 - • P. Appeals. Any requirement, determination, or interpretation associated with the administration and enforcement of the provisions of this ordinance may be appealed subject,to the provisions of Chapter 19.75 "Appeals", of the Elgin Municipal Code, as amended. • Section 4. That this ordinance shall be in full force and effect immediately after its passage • in the manner provided by law. s/David J. Kaptain David J. Kaptain, Mayor Presented: July 24, 2019 • Passed: July 24, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: July 24, 2019 Published: July 26, 2019 • Attest: s/Kimberly Dewis • Kimberly Dewis, City Clerk • • • • - 7 -