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HomeMy WebLinkAboutG45-93 ton. CITY OF ELGIN ORDINANCE NO. G45-93 AN ORDINANCE RECLASSIFYING PROPERTY LOCATED ON THE EAST SIDE AND WEST SIDES OF NORTH LYLE AVENUE, NORTH OF BIG TIMBER ROAD; COMMONLY KNOWN AS CENTURY OAKS SQUARE rim ADOPTED BY THE CITY COUNCIL OF THE CITY OF ELGIN ON THIS 8TH DAY OF SEPTEMBER, 1993 Published in pamphlet form by authority of the City Council of the City of Elgin, Kane and Cook Counties, Illinois, on this 9th day of September, 1993 . STATE OF ILLINOIS ) ss . COUNTY OF KANE CERTIFICATE I, Dolonna Mecum, certify that I am the duly appointed and acting municipal clerk of the City of Elgin, Cook and Kane Counties, Illinois . I further certify that on September 8, 1993, the Corporate Authorities of such municipality passed and approved Ordinance No. G45-93, entitled An Ordinance Reclassifying Property Located on the East and West Sides of North Lyle Avenue, North of Big Timber Road; Commonly Known as Century Oaks Square, which provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No. G45-93, including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the municipal building, commencing on September 9 , 1993, and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public inspection upon request in the office of the municipal clerk. DATED at Elgin, Illinois, on September 9 , 1993 . C4C144.7 // Ck17-7--■_ Municipal lerk (SEAL) r- Ordinance No. G45-93 AN ORDINANCE RECLASSIFYING PROPERTY LOCATED ON THE EAST AND WEST SIDES OF NORTH LYLE AVENUE, NORTH OF BIG TIMBER ROAD; COMMONLY KNOWN AS CENTURY OAKS SQUARE WHEREAS, written application has been made to reclassify certain property located on the east and west sides of North Lyle Avenue, north of Big Timber Road, from MFR Multiple Family Residence District to PMFR Planned Multiple Family Residence District and PNB Planned Neighborhood Business District; and WHEREAS, the Planning and Development Commission has conducted a public hearing after due notice and submitted its written findings and recommendations to the City Council; and WHEREAS, the City Council has reviewed the recommendations of the Planning and Development Commission and concurs in such recommendations . NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: e"- Section 1 . That Chapter 19 . 07, Section 19 . 07 . 600 entitled " Zoning District Map" of the Elgin Municipal Code, 1976, as amended, be and the same is hereby further amended by adding thereto the following paragraphs : PARCELS 1A AND 1B: "The boundaries hereinafter laid out in the ' Zoning District Map' , as amended, be and are hereby altered by excluding from the MFR Multiple Family Residence District and including in the PNB Planned Neighborhood Business District, the following described property: THAT PART OF THE EAST HALF OF FRACTIONAL SECTION 4, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS : COMMENCING AT THE INTERSECTION OF THE WESTERLY LINE OF LANDS DESCRIBED IN DOCUMENT NO. 743751 WITH THE CENTER LINE OF BIG TIMBER ROAD; THENCE NORTH 57 DEGREES 59 MINUTES 08 SECONDS WEST, ALONG SAID CENTER LINE, A DISTANCE OF 435 .21 FEET; THENCE NORTH 32 DEGREES 00 MINUTES 52 SECONDS EAST, PERPENDICULAR TO THE SAID CENTER LINE OF BIG TIMBER ROAD, A DISTANCE OF 40 . 00 FEET TO THE NORTHEASTERLY RIGHT OF WAY LINE OF BIG TIMBER ROAD PER DOCUMENT NO. 1972642 FOR THE POINT OF BEGINNING; er- THENCE CONTINUING NORTH 32 DEGREES 00 MINUTES 52 SECONDS EAST, ALONG SAID PERPENDICULAR LINE, A DISTANCE OF 257 . 00 FEET; THENCE NORTH 57 DEGREES 59 MINUTES 08 SECONDS WEST, PARALLEL WITH SAID NORTHEASTERLY RIGHT OF WAY LINE OF BIG TIMBER ROAD, A DISTANCE OF 575 .47 FEET TO THE SOUTHEASTERLY LINE OF NORTH LYLE AVENUE; THENCE SOUTH 32 DEGREES 00 MINUTES 52 SECONDS WEST, ALONG SAID SOUTHEASTERLY LINE OF NORTH LYLE AVENUE, A DISTANCE OF 257 . 00 FEET TO THE SAID NORTHEASTERLY RIGHT OF WAY LINE OF BIG TIMBER ROAD; THENCE SOUTH 57 DEGREES 59 MINUTES 08 SECONDS EAST, ALONG SAID NORTHEASTERLY RIGHT OF WAY LINE, A DISTANCE OF 575 .47 FEET TO THE POINT OF BEGINNING; ALSO INCLUDING THAT PART DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 349 OF CENTURY OAKS WEST UNIT NO. 6, BEING A SUBDIVISION OF PART OF FRACTIONAL SECTION 4, TOWNSHIP AND RANGE AFORESAID, ALSO BEING ON THE NORTHWESTERLY LINE OF NORTH LYLE AVENUE; THENCE SOUTH 32 DEGREES 00 MINUTES 52 SECONDS WEST, ALONG SAID NORTHWESTERLY LINE OF NORTH LYLE AVENUE, A DISTANCE OF 335 . 00 FEET FOR THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 32 DEGREES 00 MINUTES 52 SECONDS WEST, ALONG THE LAST DESCRIBED COURSE, A DISTANCE OF 257 . 00 FEET TO THE NORTHEASTERLY r RIGHT OF WAY LINE OF BIG TIMBER ROAD PER DOCUMENT NO. 1972641; THENCE NORTH 57 DEGREES 59 MINUTES 08 SECONDS WEST, ALONG SAID NORTHEASTERLY RIGHT OF WAY LINE, A DISTANCE OF 338 . 99 FEET; THENCE NORTH 32 DEGREES 00 MINUTES 52 SECONDS EAST, PARALLEL TO SAID NORTHWESTERLY LINE OF NORTH LYLE AVENUE, A DISTANCE OF 257 . 00 FEET; THENCE SOUTH 57 DEGREES 59 MINUTES 08 SECONDS EAST PARALLEL WITH THE SAID NORTHEASTERLY RIGHT OF WAY LINE OF BIG TIMBER ROAD, A DISTANCE OF 338 . 99 FEET TO THE POINT OF BEGINNING. ALL BEING SITUATED IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS AND CONTAINING 5 . 39 ACRES, MORE OR LESS (SAID PARCELS lA AND 1B ARE LOCATED ON THE NORTH SIDE OF BIG TIMBER ROAD, ON THE EAST AND WEST SIDES OF NORTH LYLE AVENUE, RESPECTIVELY) . PARCEL lA (located on the north side of Big Timber Road, west of North Lyle Avenue) A. PURPOSE AND INTENT: The purpose of the PNB Planned Neighborhood Business District is to provide a planned commercial area supplying daily convenience commodities and services to a neighborhood population, subject to the provisions of Chapter 19 . 60, Planned Developments . The scale of development of the PNB zoning district is limited by the applicable site design regulations due to its function and resulting close proximity to residences . The PNB zoning district is most similar to, but departs from the standard requirements of the NB zoning district. B. SUPPLEMENTARY REGULATIONS: Any word or phrase contained within this ordinance followed by the symbol " (SR) " shall be subject to the definitions and the additional interpretive requirements provided in Chapter 19 . 90, Supplementary Regulations, of the Elgin Municipal Code, 1976, as amended. The exclusion of such symbol shall not exempt such word or phrase from the applicable supplementary regulation. C. GENERAL PROVISIONS: In the PNB District, the use and development of land and structures shall be subject to the general regulations contained in Chapter 19 . 05, General Provisions, of the Elgin Municipal Code, 1976, as amended. D. ZONING DISTRICTS - GENERALLY: In the PNB District, the use and development of land and structures shall be subject to the provisions of Chapter 19 . 07, Zoning Districts, of the Elgin Municipal Code, 1976, as amended. E. LOCATION AND SIZE OF DISTRICT:The PNB District shall be located on the north side of Big Timber Road, west of North Lyle Avenue. The PNB District is located in conformance with the official comprehensive plan. The amount of land necessary to constitute this PNB District is 2 . 00 acres . F. LAND USE: In the PNB 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, 1976 , as amended. The following enumerated "land uses" shall be the only land uses allowed as "permitted uses" (SR) in the PNB District: OFFICES DIVISION - "Offices" (SR) (UNCL) . FINANCE, INSURANCE, AND REAL ESTATE DIVISION - "Development sales offices" (SR) (UNCL) . - Finance, insurance, and real estate (H) . elak SERVICES DIVISION - Advertising ( 731) . (This includes advertising agencies; outdoor advertising services; radio, TV, and publishers ' advertising reps; and advertising not elsewhere classified. ) - Automotive renting and leasing without drivers ( 751) . (This includes truck rental and leasing, without drivers; passenger car rental; passenger car leasing; and utility trailer and recreational vehicle rental) . - Carpet and upholstery cleaning agents without plants on the premises ( 7217) . - Commercial, economic, sociological, and educational research ( 8732) . - Computer programming, data processing, and other computer related services ( 737 ) . - Computer rental and leasing (7377) . - Consumer credit reporting agencies, mercantile reporting agencies, and adjustment and collection agencies ( 732 ) . - Detective and guard services ( 7381) . - Engineering, accounting, research, management, and related services (87 ) . - Home health care services (808) . - Legal services (811) . t* - Mailing, reproduction, commercial art and photography, and stenographic services ( 733) . - Management and public relations services ( 874 ) . - Membership organizations (86 ) . - News syndicates (7383) . - Noncommercial research organizations ( 8733) . - Offices and clinics of dentists (802 ) . - Offices and clinics of doctors of medicine (801) . - Offices and clinics of doctors of osteopathy ( 803) . - Offices and clinics of other health practitioners ( 804) . - Personnel supply services ( 736) . - Professional sports operators and promoters ( 7941) . - Security systems services ( 7382) . - Tax return preparation services (7291) . AGRICULTURE DIVISION - Farm labor and management services (076 ) . - Landscape counseling and planning ( 0781) . CONSTRUCTION DIVISION - "Contractors office and equipment areas" (SR) (UNCL) . TRANSPORTATION COMMUNICATIONS, AND UTILITIES DIVISION - Arrangement of passenger transportation (472 ) . emb- - Arrangement of transportation of freight and cargo (473) . - Bus charter service operators officers (414 ) . - Intercity and rural bus transportation operators offices (413) . - Local and suburban passenger transportation operators offices (411) . - Railroad operators offices (401) . - School bus operators offices (415) . - Taxicab operators offices (412) - Telegraph and other message communications (482) . - Telephone communications (481) . - "Treatment, transmission, and distribution facilities : poles, wires, cables, conduits, laterals, vaults, pipes, mains, and valves" (SR) (UNCL) . MISCELLANEOUS USES DIVISION - "Fences and walls" (SR) (UNCL) . , designed, constructed, and located in substantial conformance with the approved planned development plan. - "Loading facilities" (SR) (UNCL) , exclusively "accessory" (SR) to a permitted use allowed in the PNB District, subject to the provisions of Chapter 19 .47, Off Street Loading, of the Elgin Municipal Code, 1976, amended, designed, constructed, and located in substantial conformance with the approved planned development plan. - "Parking lots" (SR) (UNCL) , exclusively "accessory" (SR) to a permitted use allowed in the PNB District, subject to the provisions of Chapter 19 .47, Off Street Loading, of the Elgin Municipal Code, 1976, amended, designed, constructed, and located in substantial conformance with the approved planned development plan. - "Signs" (SR) (UNCL) , subject to the provisions of Chapter 19 .50, Signs, of the Elgin Municipal Code, 1976 , amended, designed, constructed and located in substantial conformance with the approved planned development plan. - "Refuse collection areas" (SR) , designed, constructed and located in substantial conformance with the approved planned development plan. - "Accessory uses" (SR) (UNCL) to the permitted uses allowed in the PNB Planned Neighborhood Business District, subject to the provisions of Section 19 . 10 . 400, Component Land Uses, of the Elgin Municipal Code, 1976, amended. G. SITE DESIGN In the PNB District, the use and development of land and structures shall be subject to the provisions of Chapter 19 . 12 , Site Design, of the Elgin Municipal Code, 1976, as amended. In the PNB District, the site design shall be in substantial conformance with the approved planned development plan. H. OFF STREET PARKING: In the PNB District, off street parking shall be subject to the provisions of Chapter 19 .45, Off Street Parking, of the Elgin Municipal Code, 1976 , as amended, including but not limited to the minimum required number of parking spaces for each use established within the PNB District. Off street parking shall be designed, constructed and located in substantial conformance with the approved planned development plan. I . OFF STREET LOADING: In the PNB District, off street loading shall be subject to the provisions of Chapter 19 .47, Off Street Loading, of the Elgin Municipal Code, 1976, as amended. Off street loading shall be designed, constructed and located in substantial conformance with the approved planned development plan. J. SIGNS: In the PNB District, signs shall be subject to the provisions of Chapter 19 .50, Signs, of the Elgin low Municipal Code, 1976, as amended. Signs shall be designed, constructed and located in substantial conformance with the approved planned development plan. K. AMENDMENTS: In the PNB District, text and map amendments shall be subject to the provisions of Chapter 19 . 60, Planned Developments, of the Elgin Municipal Code, 1976 , as amended. L. VARIATIONS: In the PNB District, no variation shall be granted pursuant to the provisions Chapter 19 . 70, Variations of the Elgin Municipal Code, 1976, as amended. M. APPEALS: Any requirement, determination or interpretation associated with the administration and enforcement of the provisions of this ordinance may be appealed subject to the provisions of Chapter 19 . 75 Appeals, of the Elgin Municipal Code, 1976, as amended. N. SITE AND OWNERSHIP REQUIREMENTS: The site of the planned development shall remain under unified control pursuant to the provisions of this ordinance. O. SUBDIVISION REGULATIONS: The PNB District involves the subdivision of land and is subject to the provisions of Title 18, Subdivisions, of the Elgin Municipal Code, 1976, as amended and shall be subject to the approved planned development plan. P. DEVELOPMENT CONTRIBUTIONS REQUIREMENTS: The PNB District is subject to the provisions of Title 17, Development Impact Fees, of the Elgin Municipal Code, 1976, as amended. Q. CHANGES TO THE PLANNED DEVELOPMENT: Changes to the planned development shall be subject to the requirements of Chapter 19 . 60 Planned Developments, of the Elgin Municipal Code, 1976, as amended. R. REVOCATION OF THE PLANNED DEVELOPMENT: If the construction of the planned development has not started within two years of the date of its approval, the Development Administrator shall file an application for a map amendment reclassifying the subject property from a planned zoning district to the most restrictive zoning district that is consistent with the goals, objectives, and policies of the official comprehensive plan, as determined by the Development Administrator and subject to the provisions of Chapter 19 .55, Amendments, of the Elgin Municipal Code, 1976, as amended. PARCEL 1B ( located on the north side of Big Timber Road, east of North Lyle Avenue) A. PURPOSE AND INTENT: The purpose of the PNB Planned Neighborhood Business District is to provide a planned commercial area supplying daily convenience commodities and services to a neighborhood population, subject to the provisions of Chapter 19 . 60, Planned Developments . The scale of development of the PNB zoning district is limited by the applicable site design regulations due to its function and resulting close proximity to residences . The PNB zoning district is most similar to, but departs from the standard requirements of the NB zoning district. B. SUPPLEMENTARY REGULATIONS: Any word or phrase contained within this ordinance followed by the symbol " (SR) " shall be subject to the definitions and the additional interpretive requirements provided in eft- Chapter 19 . 90, Supplementary Regulations, of the Elgin Municipal Code, 1976 , as amended. The exclusion of such symbol shall not exempt such word or phrase from the applicable supplementary regulation. C. GENERAL PROVISIONS: In the PNB District, the use and development of land and structures shall be subject to the general regulations contained in Chapter 19 . 05, General Provisions, of the Elgin Municipal Code, 1976, as amended. D. ZONING DISTRICTS - GENERALLY: In the PNB District, the use and development of land and structures shall be subject to the provisions of Chapter 19 . 07, Zoning Districts, of the Elgin Municipal Code, 1976, as amended. E. LOCATION AND SIZE OF DISTRICT:The PNB District shall be located on the north side of Big Timber Road, east of North Lyle Avenue. The PNB District is located in conformance with the official comprehensive plan. The amount of land necessary to constitute this PNB District is 3 . 395 acres . F. LAND USE: In the PNB 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, 1976, as amended. The following enumerated "land uses" shall be the only land uses allowed as "permitted uses" (SR) in the PNB District: FINANCE, INSURANCE, AND REAL ESTATE DIVISION - Depository Institutions (60) . CONSTRUCTION DIVISION - "Contractors office and equipment areas" (SR) (UNCL) . TRANSPORTATION COMMUNICATIONS, AND UTILITIES DIVISION - "Treatment, transmission, and distribution facilities : poles, wires, cables, conduits, laterals, vaults, pipes, mains, and valves" (SR) (UNCL) . MISCELLANEOUS USES DIVISION - "Fences and walls" (SR) (UNCL) . , designed, constructed, and located in substantial conformance with the approved planned development plan. - "Loading facilities" (SR) (UNCL) , exclusively "accessory" (SR) to a permitted use allowed in the PNB District, subject to the provisions of Chapter 19 .47, Off Street Loading, of the Elgin Municipal Code, 1976, amended, designed, constructed, and located in substantial conformance with the approved planned development plan. - "Parking lots" (SR) (UNCL) , exclusively "accessory" (SR) to a permitted use allowed in the PNB District, subject to the provisions of Chapter 19 .47, Off Street Loading, of the Elgin Municipal Code, 1976, amended, designed, constructed, and located in substantial conformance with the approved planned development plan. - "Signs" (SR) (UNCL) , subject to the provisions of Chapter 19 . 50, Signs, of the Elgin Municipal Code, 1976, as amended. Signs shall be designed, constructed and located in substantial conformance with the approved planned development plan. - "Refuse collection areas" (SR) , designed, constructed and located in substantial conformance with the approved planned development plan. - "Drive through facilities" (SR) (UNCL) , subject to the provisions of Chapter 19 .45, Off Street Parking, of the Elgin Municipal Code, 1976, as amended. Drive through facilities shall be designed, constructed and located in substantial conformance with the approved planned development plan. tow - "Accessory uses" (SR) (UNCL) to the permitted uses allowed in the PNB Planned Neighborhood Business District, subject to the provisions of Section 19 . 10 .400, Component Land Uses, of the Elgin Municipal Code, 1976, amended. G. SITE DESIGN In the PNB District, the use and development of land and structures shall be subject to the provisions of Chapter 19 . 12 , Site Design, of the Elgin Municipal Code, 1976, as amended. In the PNB District, the site design shall be in substantial conformance with the approved planned development plan. H. OFF STREET PARKING: In the PNB District, off street parking shall be subject to the provisions of Chapter 19 . 45, Off Street Parking, of the Elgin Municipal Code, 1976, as amended, including but not limited to the minimum required number of parking spaces for each use established within the PNB District. Off street parking shall be designed, constructed and located in substantial conformance with the approved planned development plan. I . OFF STREET LOADING: In the PNB District, off street loading shall be subject to the provisions of Chapter 19 .47, Off Street Loading, of the Elgin Municipal Code, 1976, as amended. Off street loading shall be designed, constructed and located in substantial conformance with the approved planned development plan. J. SIGNS: In the PNB District, signs shall be subject to the provisions of Chapter 19 . 50, Signs, of the Elgin Municipal Code, 1976, as amended. Signs shall be designed, constructed and located in substantial conformance with the approved planned development plan. K. AMENDMENTS: In the PNB District, text and map amendments shall be subject to the provisions of Chapter 19 . 60, Planned Developments, of the Elgin Municipal Code, 1976, as amended. L. VARIATIONS : In the PNB District, no variation shall be granted pursuant to the provisions of Chapter 19 . 70, Variations of the Elgin Municipal Code, 1976, as amended. M. APPEALS: Any requirement, determination or interpretation associated with the administration and enforcement of the provisions of this ordinance may be appealed subject to the provisions of Chapter 19 . 75 Appeals, of the Elgin Municipal Code, 1976, as amended. N. SITE AND OWNERSHIP REQUIREMENTS: The site of the planned development shall remain under unified control pursuant to the provisions of this ordinance. 0. SUBDIVISION REGULATIONS: The PNB District involves the subdivision of land and is subject to the provisions of Title 18, Subdivisions, of the Elgin Municipal Code, 1976, as amended and shall be subject to the approved planned development plan. P. DEVELOPMENT CONTRIBUTIONS REQUIREMENTS : The PNB District is subject to the provisions of Title 17, Development Impact Fees, of the Elgin Municipal Code, 1976 , as amended. Q. CHANGES TO THE PLANNED DEVELOPMENT: Changes to the planned development shall be subject to the requirements of Chapter 19 . 60 Planned Developments, of the Elgin Municipal Code, 1976, as amended. R. REVOCATION OF THE PLANNED DEVELOPMENT: If the construction of the planned development has not emw started within two years of the date of its approval, the Development Administrator shall file an application for a map amendment reclassifying the subject property from a planned zoning district to the most restrictive zoning district that is consistent with the goals, objectives, and policies of the official comprehensive plan, as determined by the Development Administrator and subject to the provisions of Chapter 19 .55, Amendments, of the Elgin Municipal Code, 1976, as amended. PARCELS 2A AND 2B: "The boundaries hereinafter laid out in the ' Zoning District Map' , as amended, be and are hereby altered by excluding from the MFR Multiple Family Residence District and including in the PMFR Planned Multiple Family District, the following described property: THAT PART OF THE EAST HALF OF FRACTIONAL SECTION 4, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE WESTERLY LINE OF LANDS DESCRIBED r IN DOCUMENT NO. 743751 WITH THE CENTER LINE OF BIG TIMBER ROAD; THENCE NORTH 57 DEGREES 59 MINUTES 08 SECONDS WEST, ALONG SAID CENTER LINE, A DISTANCE OF 435.21 FEET; THENCE NORTH 32 DEGREES 00 MINUTES 52 SECONDS EAST, PERPENDICULAR TO THE SAID CENTER LINE OF BIG TIMBER ROAD, A DISTANCE OF 40 . 00 FEET TO THE NORTHEASTERLY RIGHT OF WAY LINE OF BIG TIMBER ROAD PER DOCUMENT NO. 1972642 FOR THE POINT OF BEGINNING; THENCE CONTINUING NORTH 32 DEGREES 00 MINUTES 52 SECONDS EAST, ALONG SAID PERPENDICULAR LINE, A DISTANCE OF 595 .22 FEET TO THE SOUTHWESTERLY LINE, AS MONUMENTED, OF CENTURY OAKS WEST UNIT NO. 6, BEING A SUBDIVISION OF PART OF FRACTIONAL SECTION 4 , TOWNSHIP AND RANGE AFORESAID; THENCE NORTH 58 DEGREES 00 MINUTES 16 SECONDS WEST, ALONG SAID SOUTHWESTERLY LINE, A DISTANCE OF 575 .47 FEET TO THE SOUTHWEST CORNER OF LOT 348 OF SAID CENTURY OAKS WEST UNIT NO. 6, BEING ON THE SOUTHEASTERLY LINE OF NORTH LYLE AVENUE; THENCE SOUTH 32 DEGREES 00 MINUTES 52 SECONDS WEST, ALONG SAID SOUTHEASTERLY LINE OF NORTH LYLE AVENUE, A DISTANCE OF 595 . 03 FEET TO THE AFORESAID NORTHEASTERLY RIGHT OF WAY LINE OF BIG TIMBER ROAD; THENCE SOUTH 57 DEGREES 59 MINUTES 08 SECONDS EAST, ALONG SAID NORTHEASTERLY RIGHT OF WAY LINE, A DISTANCE OF 575 .47 FEET TO THE POINT OF BEGINNING; ALSO INCLUDING THAT PART DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 349 OF AFORESAID CENTURY OAKS WEST UNIT NO. 6, BEING ON THE NORTHWESTERLY LINE OF NORTH LYLE AVENUE; THENCE SOUTH 32 DEGREES 00 MINUTES 52 SECONDS WEST, ALONG SAID NORTHWESTERLY LINE OF NORTH LYLE AVENUE, A DISTANCE OF 592 . 00 FEET TO THE NORTHEASTERLY RIGHT OF WAY LINE OF BIG TIMBER ROAD PER DOCUMENT NO. 1972641 : THENCE NORTH 57 DEGREES 59 MINUTES 08 SECONDS WEST, ALONG SAID NORTHEASTERLY RIGHT OF WAY LINE, A DISTANCE OF 533 . 11 FEET TO THE EASTERLY LINE OF LANDS DESCRIBED IN DOCUMENT NO. 858655; THENCE NORTH 15 DEGREES 12 MINUTES 24 SECONDS EAST, ALONG SAID EASTERLY LINE OF DOCUMENT NO. 858655, A DISTANCE OF 618 . 18 FEET TO THE SOUTHWEST CORNER, AS MONUMENTED, OF CENTURY OAKS WEST UNIT NO. 7, BEING A SUBDIVISION OF PART OF THE EAST HALF OF FRACTIONAL SECTION 4, TOWNSHIP AND RANGE AFORESAID; THENCE SOUTH 58 DEGREES 00 MINUTES 16 SECONDS EAST, ALONG THE SOUTHWESTERLY LINES, AS MONUMENTED, OF CENTURY OAKS WEST UNIT NO. 7 AND UNIT NO. 6, A DISTANCE OF 711 . 86 FEET TO THE POINT OF BEGINNING; EXCEPTING THEREFROM THAT PART OF THE EAST HALF OF FRACTIONAL SECTION 4, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE WESTERLY LINE OF LANDS DESCRIBED IN DOCUMENT NO. 743751 WITH THE CENTER LINE OF BIG TIMBER ROAD; THENCE NORTH 57 DEGREES 59 MINUTES 08 SECONDS WEST, ALONG SAID CENTER LINE, A DISTANCE OF 435 . 21 FEET; THENCE NORTH 32 DEGREES 00 MINUTES 52 SECONDS EAST, PERPENDICULAR TO THE SAID CENTER LINE OF BIG TIMBER ROAD, A DISTANCE OF 40 . 00 FEET TO THE NORTHEASTERLY RIGHT OF WAY LINE OF BIG TIMBER ROAD PER DOCUMENT NO. 1972642 FOR THE POINT OF BEGINNING OF EXCEPTION; THENCE CONTINUING NORTH 32 DEGREES 00 MINUTES 52 SECONDS EAST, ALONG SAID PERPENDICULAR LINE, A DISTANCE OF 257 . 00 FEET; THENCE NORTH 57 DEGREES 59 MINUTES 08 SECONDS WEST, PARALLEL WITH SAID NORTHEASTERLY RIGHT OF WAY LINE OF BIG TIMBER ROAD, A DISTANCE OF 575 .47 FEET TO THE SOUTHEASTERLY LINE OF NORTH LYLE AVENUE; THENCE SOUTH 32 DEGREES 00 MINUTES 52 SECONDS WEST, ALONG SAID SOUTHEASTERLY LINE OF NORTH LYLE AVENUE, A DISTANCE OF 257 . 00 FEET TO THE SAID NORTHEASTERLY RIGHT OF WAY LINE OF BIG TIMBER ROAD; THENCE SOUTH 57 DEGREES 59 MINUTES 08 SECONDS EAST, ALONG SAID NORTHEASTERLY RIGHT OF WAY LINE, A DISTANCE OF 575 . 47 FEET TO THE POINT OF BEGINNING OF EXCEPTION; ALSO EXCEPTING THEREFROM THAT PART DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 349 OF CENTURY OAKS WEST UNIT NO. 6, er- eft ALSO BEING ON THE NORTHWESTERLY LINE OF NORTH LYLE AVENUE; THENCE SOUTH 32 DEGREES 00 MINUTES 52 SECONDS WEST, ALONG SAID NORTHWESTERLY LINE OF NORTH LYLE AVENUE, A DISTANCE OF 335 . 00 FEET FOR THE POINT OF BEGINNING OF EXCEPTION; THENCE CONTINUING SOUTH 32 DEGREES 00 MINUTES 52 SECONDS WEST, ALONG SAID NORTHWESTERLY LINE OF NORTH LYLE AVENUE, A DISTANCE OF 335 . 00 FEET FOR THE POINT OF BEGINNING OF EXCEPTION; THENCE CONTINUING SOUTH 32 DEGREES 00 MINUTES 52 SECONDS WEST, ALONG THE LAST DESCRIBED COURSE, A DISTANCE OF 257 . 00 FEET TO THE NORTHEASTERLY RIGHT OF WAY LINE OF BIG TIMBER ROAD PER DOCUMENT NO. 1972641; THENCE NORTH 57 DEGREES 59 MINUTES 08 SECONDS WEST, ALONG SAID NORTHEASTERLY RIGHT OF WAY LINE, A DISTANCE OF 338 . 99 FEET; THENCE NORTH 32 DEGREES 00 MINUTES 52 SECONDS EAST, PARALLEL TO SAID NORTHWESTERLY LINE OF NORTH LYLE AVENUE, A DISTANCE OF 257 . 00 FEET; THENCE SOUTH 57 DEGREES 59 MINUTES 08 SECONDS EAST, PARALLEL WITH THE SAID NORTHEASTERLY RIGHT OF WAY LINE OF BIT TIMBER ROAD, A DISTANCE OF 338 . 99 FEET TO THE POINT OF BEGINNING OF EXCEPTION. ALL BEING SITUATED IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS AND CONTAINING 10 . 92 ACRES, MORE OR LESS (SAID PARCELS 2A AND 2B ARE LOCATED NORTH OF BIG TIMBER ROAD, ON THE EAST AND WEST SIDES OF NORTH LYLE AVENUE, RESPECTIVELY) . PARCEL 2A ( located on the north side of Big Timber Road, west of North Lyle Avenue) A. PURPOSE AND INTENT: The purpose of the PMFR Planned Multiple Family Residence District is to provide a planned urban residential environment for multiple family dwellings, subject to the provisions of Chapter 19 . 60, Planned Developments . The PMFR District is most similar to, but departs from the standard requirements of, the MFR District. B. SUPPLEMENTARY REGULATIONS: Any word or phrase contained within this ordinance followed by the symbol " (SR) " shall be subject to the definitions and the additional interpretive requirements provided in Chapter 19 . 90, Supplementary Regulations, of the Elgin Municipal Code, 1976, as amended. The exclusion of such symbol shall not exempt such word or phrase from the applicable supplementary regulation. C. GENERAL PROVISIONS: In the PMFR District, the use and development of land and structures shall be subject to the general regulations contained in Chapter 19 . 05, General Provisions, of the Elgin Municipal Code, 1976, as amended. D. ZONING DISTRICTS - GENERALLY: In the PMFR District, the use and development of land and structures shall be subject to the provisions of Chapter 19 . 07, Zoning Districts, of the Elgin Municipal Code, 1976, as amended. E. LOCATION AND SIZE OF DISTRICT:The PMFR District shall be located on the north side of Big Timber Road, west of North Lyle Avenue. The PMFR District is located in substantial conformance with the official comprehensive plan. The amount of land necessary to constitute this PMFR District is 6 .458 acres . F. LAND USE: In the PMFR 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, 1976, as amended. The following enumerated "land uses" shall be the only land uses allowed as "permitted uses" (SR) in the PMFR District: RESIDENCES DIVISION elmk - "Multiple family dwellings" (SR) (UNCL) . - "Residential garage sales" (SR) (UNCL) . - "Residential outdoor storage of firewood" (SR) (UNCL) . - "Residential parking areas" (SR) (UNCL) . - "Residential storage of trucks or buses" (SR) (UNCL) . SERVICES DIVISION - "Family residential care facility" (SR) (UNCL) . - "Home child day care services" (SR) (UNCL) . CONSTRUCTION DIVISION - "Contractors office and equipment areas" (SR) (UNCL) . TRANSPORTATION COMMUNICATIONS, AND UTILITIES DIVISION - "Other radio and television antennas" (SR) (UNCL) . - "Other satellite dish antennas" (SR) (UNCL) . - "Treatment, transmission, and distribution facilities : poles, wires, cables, conduits, laterals, vaults, pipes, mains, and valves" (SR) (UNCL) . MISCELLANEOUS USES DIVISION - "Fences and walls" (SR) (UNCL) . , designed, constructed, and located in substantial conformance with the approved planned development plan. esk - "Parking lots" , (SR) (UNCL) exclusively "accessory" (SR) , subject to the provisions of Chapter 19 .45, Off Street Parking, of the Elgin Municipal Code, 1976, as amended. Parking lots shall be designed, constructed, and located in substantial conformance with the approved planned development plan. - "Signs" (SR) (UNCL) , subject to the provisions of Chapter 19 . 50, Signs, of the Elgin Municipal Code, 1976, amended, designed, constructed and located in substantial conformance with the approved planned development plan. - "Refuse collection areas" (SR) , designed, constructed and located in substantial conformance with the approved planned development plan. - "Accessory uses" (SR) (UNCL) to the permitted uses allowed in the PMFR Planned Multiple Family Residence District, subject to the provisions of Section 19 . 10 .400, Component Land Uses, of the Elgin Municipal Code, 1976, as amended. - "Accessory structures" (SR) (UNCL) to the permitted uses allowed in the PMFR District, subject to the provisions of Section 19 . 12 . 500, Accessory Structures and Buildings, of the Elgin Municipal Code, 1976, as amended. Accessory structures shall be designed, tow constructed, and located in substantial conformance with the approved planned development plan. Only those accessory structures expressly depicted and/or referenced on the approved planned development plan shall be permitted. G. SITE DESIGN In the PMFR District, the use and development of land and structures shall be subject to the provisions of Chapter 19 . 12, Site Design, of the Elgin Municipal Code, 1976, as amended. In the PMFR District, the site design shall be in substantial conformance with the approved planned development plan. H. OFF STREET PARKING: In the PMFR District, off street parking shall be subject to the provisions of Chapter 19 .45, Off Street Parking, of the Elgin Municipal Code, 1976, as amended, including but not limited to the minimum required number of parking spaces for each use established within the PMFR District. Off street parking shall be designed, constructed and located in substantial conformance with the approved planned development plan. I . SIGNS: In the PMFR District, signs shall be subject to the provisions of Chapter 19 . 50, Signs, of the emk Elgin Municipal Code, 1976 , as amended. Signs shall fek be designed, constructed and located in substantial conformance with the approved planned development plan. K. AMENDMENTS: In the PMFR District, text and map amendments shall be subject to the provisions of Chapter 19 . 60, Planned Developments, of the Elgin Municipal Code, 1976, as amended. L. VARIATIONS : In the PMFR District, no variation shall be granted pursuant to the provisions of Chapter 19 . 70, Variations of the Elgin Municipal Code, 1976, as amended. M. APPEALS: Any requirement, determination or interpretation associated with the administration and enforcement of the provisions of this ordinance may be appealed subject to the provisions of Chapter 19 . 75 Appeals, of the Elgin Municipal Code, 1976 , as amended. N. SITE AND OWNERSHIP REQUIREMENTS: The site of the planned development shall remain under unified control pursuant to the provisions of this ordinance. O. SUBDIVISION REGULATIONS: The PMFR District involves the subdivision of land and is subject to the provisions of Title 18, Subdivisions, of the Elgin Municipal Code, 1976, as amended and shall be subject to the approved planned development plan. P. DEVELOPMENT CONTRIBUTIONS REQUIREMENTS: The PMFR District is subject to the provisions of Title 17 , Development Impact Fees, of the Elgin Municipal Code, 1976, as amended. Q. CHANGES TO THE PLANNED DEVELOPMENT: Changes to the planned development shall be subject to the requirements of Chapter 19 . 60 Planned Developments, of the Elgin Municipal Code, 1976, as amended. R. REVOCATION OF THE PLANNED DEVELOPMENT: If the construction of the planned development has not started within two years of the date of its approval, the Development Administrator shall file an application for a map amendment reclassifying the subject property from a planned zoning district to the most restrictive zoning district that is consistent with the goals, objectives, and policies of the official comprehensive plan, as determined by the Development Administrator and subject to the provisions of Chapter 19 .55, Amendments, of the Elgin Municipal Code, 1976, as amended. PARCEL 2B (located on the north side of Big Timber Road, east of North Lyle Avenue) A. PURPOSE AND INTENT: The purpose of the PMFR Planned Multiple Family Residence District is to provide a planned urban residential environment for multiple family dwellings, subject to the provisions of Chapter 19 . 60, Planned Developments . The PMFR District is most similar to, but departs from the standard requirements of, the MFR District. B. SUPPLEMENTARY REGULATIONS: Any word or phrase contained within this ordinance followed by the symbol " (SR) " shall be subject to the definitions and the additional interpretive requirements provided in Chapter 19 . 90, Supplementary Regulations, of the Elgin Municipal Code, 1976, as amended. The exclusion of such symbol shall not exempt such word or phrase from the applicable supplementary regulation. C. GENERAL PROVISIONS : In the PMFR District, the use and development of land and structures shall be subject to the general regulations contained in Chapter 19 . 05, General Provisions, of the Elgin Municipal Code, 1976, as amended. D. ZONING DISTRICTS - GENERALLY: In the PMFR District, the use and development of land and structures shall be subject to the provisions of Chapter 19 . 07, Zoning Districts, of the Elgin Municipal Code, 1976, as amended. E. LOCATION AND SIZE OF DISTRICT:The PMFR District shall be located on the north side of Big Timber Road, east of North Lyle Avenue. The PMFR District is located in substantial conformance with the official comprehensive plan. The amount of land necessary to constitute this PMFR District is 4 .467 acres . F. LAND USE: In the PMFR 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, 1976 , as amended. The following rik enumerated "land uses" shall be the only land uses allowed as "permitted uses" (SR) in the PMFR District: RESIDENCES DIVISION - "Multiple family dwellings" (SR) (UNCL) . - "Residential garage sales" (SR) (UNCL) . - "Residential outdoor storage of firewood" (SR) (UNCL) . - "Residential parking areas" (SR) (UNCL) . - "Residential storage of trucks or buses" (SR) (UNCL) . SERVICES DIVISION - "Family residential care facility" (SR) (UNCL) . - "Home child day care services" (SR) (UNCL) . CONSTRUCTION DIVISION - "Contractors office and equipment areas" (SR) (UNCL) . TRANSPORTATION COMMUNICATIONS, AND UTILITIES DIVISION - "Other radio and television antennas" (SR) (UNCL) . - "Other satellite dish antennas" (SR) (UNCL) . - "Treatment, transmission, and distribution facilities : poles, wires, cables, conduits, laterals, vaults, pipes, mains, and valves" (SR) (UNCL) . MISCELLANEOUS USES DIVISION - "Fences and walls" (SR) (UNCL) . , designed, constructed, and located in substantial conformance with the approved planned development plan. - "Parking lots" , (SR) (UNCL) exclusively "accessory" (SR) , subject to the provisions of Chapter 19 .45, Off Street Parking, of the Elgin Municipal Code, 1976, as amended. Parking lots shall be designed, constructed, and located in substantial conformance with the approved planned development plan. - "Signs" (SR) (UNCL) , subject to the provisions of Chapter 19 . 50, Signs, of the Elgin Municipal Code, 1976, amended, designed, constructed and located in substantial conformance with the approved planned development plan. - "Refuse collection areas" (SR) , designed, constructed and located in substantial conformance with the approved planned development plan. - "Accessory uses" (SR) (UNCL) to the permitted uses allowed in the PMFR Planned Multiple Family Residence District, subject to the provisions of Section 19 . 10 . 400, Component Land Uses, of the Elgin Municipal Code, 1976, as amended. - "Accessory structures" (SR) (UNCL) to the permitted uses allowed in the PMFR District, subject to the provisions of Section 19 . 12 .500, Accessory Structures and Buildings, of the Elgin Municipal Code, 1976, as amended. Accessory structures shall be designed, constructed, and located in substantial conformance with the approved planned development plan. Only those accessory structures expressly depicted and/or referenced on the approved planned development plan shall be permitted. G. SITE DESIGN In the PMFR District, the use and development of land and structures shall be subject to the provisions of Chapter 19 . 12, Site Design, of the Elgin Municipal Code, 1976, as amended. In the PMFR District, the site design shall be in substantial conformance with the approved planned development plan. H. OFF STREET PARKING: In the PMFR District, off street parking shall be subject to the provisions of Chapter 19 . 45, Off Street Parking, of the Elgin Municipal Code, 1976, as amended, including but not limited to the minimum required number of parking spaces for each use established within the PMFR District. Off street r parking shall be designed, constructed and located in substantial conformance with the approved planned development plan. I . SIGNS: In the PMFR District, signs shall be subject to the provisions of Chapter 19 .50, Signs, of the Elgin Municipal Code, 1976, as amended. Signs shall be designed, constructed and located in substantial conformance with the approved planned development plan. K. AMENDMENTS: In the PMFR District, text and map amendments shall be subject to the provisions of Chapter 19 . 60, Planned Developments, of the Elgin Municipal Code, 1976, as amended. L. VARIATIONS: In the PMFR District, no variation shall be granted pursuant to the provisions of Chapter 19 . 70, Variations of the Elgin Municipal Code, 1976, as amended. M. APPEALS: Any requirement, determination or interpretation associated with the administration and enforcement of the provisions of this ordinance may be appealed subject to the provisions of Chapter 19 . 75 Appeals, of the Elgin Municipal Code, 1976, as amended. eft- N. SITE AND OWNERSHIP REQUIREMENTS: The site of the planned development shall be under single ownership or unified control (SR) until all construction is completed. O. SUBDIVISION REGULATIONS: The PMFR District involves the subdivision of land and is subject to the provisions of Title 18, Subdivisions, of the Elgin Municipal Code, 1976, as amended and shall be subject to the approved planned development plan. P. DEVELOPMENT CONTRIBUTIONS REQUIREMENTS: The PMFR District is subject to the provisions of Title 17, Development Impact Fees, of the Elgin Municipal Code, 1976 , as amended. Q. CHANGES TO THE PLANNED DEVELOPMENT: Changes to the planned development shall be subject to the requirements of Chapter 19 . 60 Planned Developments, of the Elgin Municipal Code, 1976, as amended. R. REVOCATION OF THE PLANNED DEVELOPMENT: If the construction of the planned development has not started within two years of the date of its approval, the Development Administrator shall file an application for a map amendment reclassifying the subject property from a planned zoning district to the most restrictive zoning district that is consistent with the goals, objectives, and policies of the official comprehensive plan, as determined by the Development Administrator and subject to the provisions of Chapter 19 .55, Amendments, of the Elgin Municipal Code, 1976, as amended. Section 2 . That approval of this planned development shall be subject to the following conditions : 1 . Substantial compliance with the planned development plan, prepared by Burnidge Cassell and Associates, dated "Revised July 30, 1993" . 2 . Compliance with all other applicable codes and ordinances . Section 3 . That this ordinance shall be in full force and effect from and after its passage and approval in the manner provided by law and shall be published in pamphlet form by authority of the City Council . i George V nDeVoorde, Mayor Presented: September 8, 1993 Passed: September 8, 1993 Vote: Yeas 5 Nays 2 Recorded: September 9, 1993 Published: September 9, 1993 Attest: clzkd7A_E C411-,---- Dolonna Mecum, City Clerk