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HomeMy WebLinkAboutG24-00 • Ordinance No. G24-00 AN ORDINANCE CLASSIFYING PROPERTY IN THE PORI PLANNED OFFICE RESEARCH INDUSTRIAL DISTRICT (1550 N. Randall Road) WHEREAS, the territory herein described has been annexed to the City of Elgin; and WHEREAS, written application has been made to classify said territory in the PORI Planned Office Research Industrial District; and WHEREAS, the Planning and Development Commission has conducted a public hearing concerning said application and has submitted its written findings and recommendation that the subject property be classified; and WHEREAS, the City Council has reviewed the findings and recommendation 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 : Section 1 . 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: THAT PART OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 42 NORTH, RANGE 8 DESCRIBED AS FOLLOWS : COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER; THENCE SOUTH 89 DEGREES 59 MINUTES 41 SECONDS WEST ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER; 558 . 11 FEET; THENCE SOUTH 0 DEGREES 54 MINUTES 10 SECONDS WEST, 250 . 01 FEET FOR THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 0 DEGREES 54 MINUTES 10 SECONDS WEST, 685 . 32 FEET; THENCE SOUTH 89 DEGREES 42 MINUTES 41 SECONDS EAST, 440 . 20 FEET; THENCE NORTH 0 DEGREES 30 MINUTES 56 SECONDS EAST, 28 . 40 FEET; THENCE SOUTH 89 DEGREES 43 MINUTES 05 SECONDS EAST, 124 . 58 FEET TO THE EAST LINE OF SAID SOUTHEAST QUARTER; THENCE NORTH 0 DEGREES 28 MINUTES 53 SECONDS EAST ALONG SAID EAST mk LINE, 659 . 69 FEET; THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS WEST, 559 . 94 FEET TO THE POINT OF BEGINNING (EXCEPT THE EAST 62 . 0 FEET TAKEN FOR HIGHWAY PURPOSES) , IN DUNDEE TOWNSHIP, KANE COUNTY, ILLINOIS (PROPERTY IS COMMONLY KNOWN AS 1550 NORTH RANDALL ROAD) . Section 2 . That the City Council of the City of Elgin hereby adopts the Findings of Fact made by the Planning and Development Commission, a copy of which is attached hereto as Exhibit A and incorporated herein by reference, and grants the classification of PORI Planned Office Research Industrial District on North Randall Road in accordance with the following provisions : A. Purpose and Intent. The purpose of the PORI Office Research Industrial District is to provide a planned industrial environment that fosters a sense of place and destination within a coordinated campus or park setting, subject to the provisions of Chapter 19 . 60, Planned Developments . A PORI zoning district is most similar to, but departs from the standard requirements of the ORI zoning district . B. Supplementary Regulations. Any word or phrase contained herein, followed by the symbol " (SR) " , shall be subject to the definitions and the additional interpretive requirements provided in Chapter 19 . 90, Supplementary Regulations, of the Elgin Municipal Code, as amended. The exclusion of such symbol shall not exempt such word or phrase from the applicable supplementary regulation. C. General Provisions. In this PORI zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19 . 05, General Provisions, of the Elgin Municipal Code, as amended. D. Zoning Districts - Generally. In this PORI zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19 . 07, Zoning Districts, of the Elgin Municipal Code, as amended. E. Land Use. In this PORI zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19 . 10 Land Use, of the Elgin Municipal Code, as amended. The following enumerated "land uses" (SR) shall be the only land uses allowed as a "permitted use" (SR) , as a "conditional use" (SR) , or as a "similar use" (SR) in this PORI district . Permitted Uses. The following enumerated land uses shall be the only land uses allowed as a permitted use in this PORI zoning district : Municipal Services Division. 1 . Public parks, recreation, open space (UNCL) on a "zoning lot" [SR] containing less than two acres of land. Offices Division. 2 . "Offices" [SR] (UNCL) . Finance, Insurance, and Real Estate Division. 3 . "Development sales offices" [SR] (UNCL) . 4 . Finance, insurance, and real estate (H) . Services Division. 5 . Automatic teller machine . 6 . Bakeries (5461) . 7 . Banks, savings and loans and other savings and financial institutions (H) . 8 . Barber shops (7241) . 9 . Beauty shops (7231) . 10 . "Car washes" (SR) , subject to the provision of Section F . of this ordinance . 11 . Conference facility (UNCL) . 12 . Convention center (UNCL) . 13 . Child day care facilities (8351) . 14 . Dry cleaning facility (7215) . 15 . Exhibition center (7999) . 16 . Membership sports and recreation clubs (7997) . 17 . Offices (UNCL) . 18 . Physical fitness centers (7991) . 19 . Sports and recreation facility (7997) . 20 . Advertising (731) . 21 . "Bed and breakfast inns" [SR] (7011) . 22 . Carpet and upholstery cleaning agents without plants on the premises (7217) . 23 . Commercial , economic, sociological , and educational research (8732) . 24 . Commercial physical and biological research (8731) . 25 . Computer programming, data processing, and other computer related services (737) . 26 . Computer rental and leasing (7377) . 27 . Consumer credit reporting agencies, mercantile reporting agencies, and adjustment and collection agencies (732) . 28 . Detective and guard services (7381) . 29 . Electrical and electronic repair shops (7629) . 30 . Engineering, accounting, research, management, and related services (87) . 31 . Home health care services (808) . 32 . "Hotels and motels" [SR] (701) . 33 . Job training and vocational rehabilitation services (833) . 34 . Legal services (811) . 35 . Libraries (823) . 36 . Linen supply (7213) . 37 . Mailing, reproduction, commercial art and photography, and stenographic services (733) . 38 . Management and public relations services (874) . 39 . Medical and dental laboratories (807) . 40 . Membership organizations (86) . �/• 41 . Motion picture distribution and allied services (782) . 42 . Motion picture production and allied services (781) . 43 . News syndicates (7383) . 44 . Noncommercial research organizations (8733) . 45 . Offices and clinics of dentists (802) . 46 . Offices and clinics of doctors of medicine (801) . 47 . Offices and clinics of doctors of osteopathy (803) . 48 . Offices and clinics of other health practitioners (804) . 49 . Other schools and educational services (829) . 50 . Outdoor advertising services (7312) . 51 . Personnel supply services (736) . 52 . Photofinishing laboratories (7384) . 53 . Physical fitness facilities (7991) . 54 . Professional sports operators and promoters (7941) . 55 . Refrigerator and air conditioning service and repair (7623) . 56 . Reupholstery and furniture repair (764) . 57 . Security systems services (7382) . 58 . Tax return preparation services (7291) . 59 . Testing laboratories (8734) . 60 . Theatrical producers (792) . 61 . Vocational schools (824) . 62 . Watch, clock, and jewelry repair (763) . Retail Trade Division. 63 . Bookstores (5942) . 64 . Carry-out restaurants (5812) , subject to the provisions of Section F. of this ordinance . 65 . Coffee stands (5812) . 66 . Convenience stores (5411) , subject to the provisions of Section F. of this ordinance . . 67 . Drug stores (5912) . 68 . Eating Places (5812) , subject to the provisions of Section F. of this ordinance . . 69 . Florists (5992) . 70 . Gift/card shop (5947) . 71 . "Motor vehicle service station" (SR) , subject to the provisions of Section F. of this ordinance .of this ordinance . 72 . Newsstand (5994) . 73 . News dealers (5994) . 74 . Outdoor eating and drinking facilities (5813) . 75 . Tobacco stores (5993) . 76 . Automatic merchandising machine operators (5962) . 77 . Catalog and mail order houses (5961) . eft 78 . Direct selling establishments (5963) . Agricultural Division. 79 . Crop services (072) . 80 . Farm labor and management services (076) . 81 . Landscape counseling and planning (0781) . eft. 82 . Soil preparation services (071) . Construction Division. 83 . "Contractor' s office and equipment areas" [SR] (UNCL) . Manufacturing Division. 84 . Apparel and other finished products made from fabrics and similar materials (23) . 85 . Computer and office equipment (357) . 86 . Electronic and other electrical equipment and components (36) . 87 . Fabricated metal products (34) . 88 . Furniture and fixtures (25) . 89 . Industrial and commercial machinery and equipment (35) . 90 . Leather and leather products (31) . 91 . Measuring, analyzing, and controlling instruments; photographic, medical, and optical goods; and watches and clocks (38) . 92 . Primary metal industries (33) . 93 . Printing, publishing, and allied industries (27) . 94 . Stone, clay, glass and concrete products (32) . 95 . Tobacco products (21) . 96 . Transportation equipment (37) . Wholesale Trade Division. 97 . Apparel piece goods and notions (513) . 98 . Beer, wine and distilled alcoholic beverages (518) . 99 . Drugs, drug proprietaries and druggists ' sundries (512) . 100 . Chemicals and allied products (516) . 101 . Electrical goods (506) . 102 . Farm product raw materials (515) . 103 . Furniture and home furnishings (502) . 104 . Groceries and related products (514) . 105 . Hardware, and plumbing and heating equipment and supplies (507) . 106 . Lumber and other construction materials (503) . 107 . Machinery, equipment, and supplies (508) . 108 . Metals and minerals, except petroleum (505) . 109 . Motor vehicles and motor vehicle parts and supplies (501) . 110 . Paper and paper products (511) . 111 . Petroleum and petroleum products (517) . 112 . Professional and commercial equipment and supplies (504) . Transportation, Communication and Utilities Division. 113 . "Amateur radio antennas" [SR] (UNCL) . 114 . Arrangement of passenger transportation (472) . 115 . Arrangement of transportation of freight and f cargo (473) . 116 . Branch United States post offices (4311) . 117 . Bus charter service operators offices (414) . 118 . Cable and other pay television services (484) . 119 . Communication services not elsewhere eft. classified (489) . 120 . "Commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL) . 121 . "Commercial Antenna Tower" [SR] (UNCL) . 122 . Courier services (4215) . 123 . Freight forwarding in general (4731) . 124 . Intercity and rural bus transportation operators ' offices (413) . 125 . Local and suburban passenger transportation operators ' offices (411) . 126 . Natural gas transmission and distribution (4922) (4924) . 127 . Packing and crating (4783) . 128 . "Radio and television antennas" [SR] (UNCL) . 129 . Radio and television broadcasting stations (483) . 130 . Railroad operators ' offices (401) . 131 . "Satellite dish antennas" [SR] (UNCL) . 132 . School bus operators ' offices (415) . 133 . Taxicab operators ' offices (412) . 134 . Telegraph and other message communications (482) . 135 . Telephone communications (481) . 136 . "Treatment, transmission and distribution facilities : poles, wires, cables, conduits, laterals, vaults, pipes, mains and valves" [SR] (UNCL) . Miscellaneous Uses Division. Miscellaneous Uses Division. 137 . Drive through facilities (SR, subject to the provisions of Chapter 19 . 45, Off Street Parking. 138 . "Fences and walls" [SR] (UNCL) . 139 . "Loading facilities" [SR] (UNCL) , exclusively "accessory" [SR] to a permitted use allowed in the ORI Office Research Industrial District, subject to the provisions of Chapter 19 .47, Off Street Loading. 140 . "Parking lots" [SR] (UNCL) , exclusively "accessory" [SR] to a permitted use allowed in the ORI Office Research Industrial District, subject to the provisions of Chapter 19 .45, Off Street Parking. 141 . "Parking structures" [SR] (UNCL) , exclusively "accessory" [SR] to a permitted use allowed in the ORI Office Research Industrial District, subject to the provisions of Chapter 19 .45 , Off Street Parking. 142 . "Refuse collection area" [SR] . 143 . "Signs" [SR] (UNCL) , subject to the provisions of Chapter 19 . 50 , Signs . emk 144 . "Storage Tanks" [SR] (UNCL) . 145 . "Temporary uses" [SR] (UNCL) . 146 . "Accessory structures" [SR] (UNCL) to the permitted uses allowed in the ORI Office A 1 Research Industrial District, subject to the rft. provisions of Section 19 . 12 . 500 , Accessory Structures and Buildings . 147 . "Accessory uses" [SR] (UNCL) to the permitted uses allowed in the ORI Office Research Industrial District to the provisions of Section 19 . 10 .400, Component Land Uses . Conditional Uses. The following enumerated land uses shall be the only land uses allowed as a conditional use in this PORI zoning district : Municipal Services Division. 1 . "Municipal facilities" [SR] (UNCL) on a zoning lot containing less than two acres of land. Public Administration Division. 2 . Public administration (J) on a zoning lot containing less than two acres of land. Services Division. 3 . Armored car service (7381) . 4 . Carpet or rug cleaning, dying, or repairing plants (7217) . 5 . Child day care services (835) . 6 . Dry cleaning plants (7216) . 7 . Individual and family social services (832) . 8 . Industrial launderers (7218) . 9 . Power laundries (7211) . 10 . Truck route laundry and dry cleaning not eft. operated by laundries or cleaners (7212) . Retail Trade Division. 12 . Drinking places (alcoholic beverages) (5813) . 14 . "Outdoor eating and drinking facilities" [SR] (UNCL) . Mining Division. 15 . "Temporary mining" [SR] (UNCL) . Manufacturing Division. 16 . Chemicals and allied products (28) . 17 . Food and kindred products (20) . 18 . Lumber and wood products (24) . 19 . Paper and allied products (26) . 20 . Petroleum refining and related industries (29) . 21 . Rubber and miscellaneous plastics products (30) . 22 . Textile mill products (22) . Transportation, Communication and Utilities Division. 23 . "Conditional commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL) . 24 . "Conditional Commercial Antenna Tower" [SR] (UNCL) . 25 . Heliports (458) . 26 . Natural gas storage . 27 . "Other radio and television antennas" [SR] (UNCL) . 28 . "Other satellite dish antennas" [SR] (UNCL) . 29 . Pipelines, except natural gas (461) . 30 . Public warehousing and storage (422) . 31 . Railroad tracks (401) . 32 . "Treatment, transmission and distribution facilities : equipment, equipment buildings, towers, exchanges, substations, regulators" [SR] (UNCL) . 33 . Water transportation (44) . Miscellaneous Uses Division. 34 . "Commercial operations yard" [SR] (UNCL) . 35 . "Master signage plan" [SR] , subject to the provisions of Chapter 19 . 50, Signs . 36 . "Parking lots" [SR] (UNCL) , subject to the provisions of Chapter 19 . 45, Off-Street Parking. 37 . "Parking structures" [SR] , subject to the provisions of Chapter 19 . 45, Off-Street Parking. 38 . "Planned developments" [SR] (UNCL) on a zoning lot containing less than two acres of land, subject to the provisions of Chapter 19 . 60, Planned Developments . 39 . "Accessory structures" [SR] (UNCL) to the conditional uses allowed in the ORI Office Research Industrial District, subject to the provisions of Section 19 . 12 . 500, Accessory Structures and Buildings . 40 . "Accessory uses" [SR] (UNCL) to the (Pk conditional uses allowed in the ORI Office Research Industrial District, subject to the provisions of Section 19 . 10 . 400 , Component Land Uses . 41 . "Accessory package liquor sales establishment" (SR (UNCL) . Similar Uses. The following enumerated land uses shall be subject to classification as a permitted use or as a conditional use in the PORI Office Research Industrial District or in a less restrictive zoning district , pursuant to Section 19 . 10 .400 H. Classification of Land Uses : Services Division. 1 . Business services not elsewhere classified (7389) . 2 . Laundry and garment services not elsewhere classified (7219) . 3 . Miscellaneous health and allied services not elsewhere classified (809) . 4 . Miscellaneous personal services not elsewhere classified (7299) . 5 . Miscellaneous repair shops and related services (769) . 6 . Services not elsewhere classified (899) . 7 . Social services not elsewhere classified (839) . rft Manufacturing Division. 8 . Miscellaneous manufacturing industries (39) . Transportation, Communication and Utilities Division. 9 . Transportation services not elsewhere classified (4789) . F. Special Limitations as to Certain Uses. In modification to the provisions of Section E. of this ordinance : 1 . There shall be a maximum of one motor vehicle service station, which may be located on Lot 1 only. The general layout of the mini-mart on Lot 1 as shown on the Site Plan entitled Paul Commerce Center, prepared by CE Design, Ltd. , and dated November 24 , 1998 (revision date of 01-26-00) is for illustration purposes only. The motor vehicle service station may have a convenience store ( "mini-mart" ) or a car wash (attached or detached) incorporated on Lot 1 . No car wash shall be established without a motor vehicle service station. 2 . There shall be a maximum of one freestanding "fastfood" restaurant . An additional "fast food" restaurant shall also be allowed within the same structure containing a so-called "mini-mart" service station/or convenience store . "Fast food" shall have its customary and traditional meaning, encompassing restaurants such as Taco Bell , Wand' s McDonald" Kentucky Fried Chicken, etc . 3 . The design of any "mini-mart" motor vehicle service station or of any freestanding "fast food" restaurant shall be subject to staff design review and approval by a "Design Review Committee" composed of the City' s Community Development Manager, its Code Administration Director, and its Economic Development Director, which approval : (a) shall not be unreasonably withheld, conditioned or delayed; (b) shall be guided by the principles as follows : To the extent practicable and feasible, the main buildings composing such facilities shall be of masonry construction. The colors of the building and other structures shall not be such as to constitute attention-getting devices, but shall, instead, be compatible with the nearby "corporate facilities" located to the north along the east and west sides of Randall Road in order not to detract ` from the "corporate" image along this thoroughfare . Attention-getting colors shall be limited to permitted signage . In applying these standards, the rft. Design Review Committee (and the Elgin City Council) shall take into consideration designs for such facilities which have been accepted or utilized by national petroleum marketing companies and national fast-food chains elsewhere in the mid-west United States . It is the intention of the parties that the Design Review Committee shall not, without Applicant ' s consent, require a design which is not in usage by such a facilities elsewhere in the mid-west United States . At the request of the owner, the decision of the Design Review Committee shall be subject to appeal to the City Council . G. Site Design. In this PORI zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19 . 12, Site Design, of the Elgin Municipal Code, as amended, except as may be otherwise provided in this section. In this PORI zoning district, the site design regulations shall be in substantial conformance with the standard regulations of the ORI Office Research Industrial District except as follows : 1 . The building and vehicle use area setbacks shall be in substantial conformance with the setbacks indicated on the Site Plan entitled Paul Commerce Center, prepared by CE Design, Ltd. , and dated November 24, 1998 (revision date of 01-26-00) , except for a "mini-mart" motor vehicle service station. 2 . In the event that a "mini-mart" motor vehicle service station is to be established on Lot 1 , as shown on the Site Plan entitled Paul Commerce Center, prepared by CE Design, Ltd. , and dated November 24 , 1998 (revision date of 01-26-00) , (a) the vehicle use set back shall be reduced from 37 feet to 30 feet along the Randall Road right-of-way, but compensatory landscaping shall be installed within said reduced setback; and (b) the setbacks applicable to the pumps and canopy shall be reduced to 30 feet along the Randall Road right-of-way; 3 . The design of any "mini-mart" motor vehicle service station or of any freestanding "fast food" restaurant shall be subject to staff P design review and approval by a "Design Review Committee" composed of the City' s Community Development Manager, its Code Administration Director, and its Economic Development Director, pursuant to the provisions of rm. Section F. 3 . 4 . There shall be no building setbacks or vehicle use setbacks with respect to the common boundaries between any of the lots of record within the subdivision. The intent is to allow the entire property subject to this ordinance to be developed as a single zoning lot . 5 . A single, private access to and from the Subject Property to Randall Road shall be permitted as shown on the Approved Site Plan. Additionally, upon the construction of Capital Drive adjacent to the westerly boundary of the Subject Property, not less than two (2) curb-cuts shall be permitted to service the Subject Property. 6 . At the time a building permit is sought for the development of any lot, a landscape plan and signage plan conforming to the requirements of the City shall be submitted. H. Off Street Parking. In this PORI zoning district, off street parking shall be subject to the provisions of Chapter 19 . 45, Off Street Parking, of the Elgin Municipal Code, as may be amended. Off Street Loading. In this PORI zoning district, off street loading shall be subject to the provisions of Chapter 19 .47, Off Street Loading, of the Elgin Municipal Code, as may be amended. J. Signs. In this PORI zoning district, signs shall be subject to the provisions of Chapter 19 . 50, Signs, of the Elgin Municipal Code, as may be amended. K. Nonconforming Uses and Structures. In this PORI zoning district, nonconforming uses and structures shall be subject to the provisions of Chapter 19 . 52 , Nonconforming Uses and Structures, of the Elgin Municipal Code, as may be amended. L. Planned Developments . This PORI zoning district shall be subject to the provisions of Chapter 19 . 60, Planned Developments, of the Elgin Municipal Code, as may be amended. A conditional use for a planned development may be requested by an individual property owner for a zoning lot without requiring an amendment to this PORI zoning district and without necessitating that all other property owners authorize such an application. M. Conditional Uses. In this PORI zoning district, conditional uses shall be subject to the provisions of Chapter 19 . 65 Conditional Uses, of the Elgin Municipal Code, as may be amended. A conditional use may be requested by an individual property owner for a zoning lot without requiring an amendment to this PORI zoning district and without necessitating that all other property owners authorize such an application. N. Variations. Any of the requirements of this ordinance may be varied, subject to the provisions of Section 19 . 70 , Variations, of the Elgin Municipal Code, as may be amended. A variation may be requested by an individual property owner for a zoning lot without requiring an amendment to this PORI zoning district and without necessitating that all other property owners authorize such an application. 0. Appeals. Any requirement, determination, or interpretation associated with the administration and enforcement of the provision of this ordinance may be appealed subject to the provisions of Chapter 19 . 75, Appeals, of the Elgin Municipal Code, as may be amended. Section 3 . That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. '42, 44-4e:"" Ed Schock, Mayor Presented: May 10 , 2000 Passed: May 10, 2000 Omnibus Vote : Yeas 5 Nays 0 Recorded: May 11, 2000 Published: Attest : 940-4-14-1,‹ ike-ct.e,— Dolonna Mecum, City Clerk elk r. June 21, 1999 FINDINGS OF FACT Planning and Development Commission City of Elgin, Illinois SUBJECT Consideration of Petition 28-99 Requesting Annexation, PORI Planned Office Research Industrial District Zoning, and Preliminary Plat Approval for a Commercial and Industrial Subdivision to be Known as Paul Commerce Center; Property Located at 1550 North Randall Road; by John and Stella Paul, as Applicants and Owners . GENERAL INFORMATION Requested Action: Annexation, Zoning and Preliminary Plat Approval Current Zoning: Kane County Farming and Business Proposed Zoning: PORI Planned Office tow Research Industrial District Intended Use Commercial and Industrial Property Location: 1550 North Randall Road Owner: John and Stella Paul Staff Coordinator: Jerry Deering LIST OF EXHIBITS A. City Map (see attached) B. Zoning Map (see attached) C. Location Map (see attached) D. Statement of Purpose and (see enclosed) Conformance prepared by Peter C. Bazos Exhibit A FINDINGS OF FACT Planning and Development Commission Petition 28-99 June 21, 1999 E. Preliminary Plat for the (see enclosed) Paul Commerce Center prepared by CE Design Limited, dated November 24 , 1998 (rev 04 . 14 . 99) . BACKGROUND An application has been filed by John and Stella Paul, requesting annexation, PORI Planned Office Research Industrial District zoning, and preliminary plat approval for a commercial and industrial subdivision to be known as the Paul Commerce Center. The subject property is located at 1550 North Randall Road (reference Exhibits A, B, and C) . The applicants want to annex the subject property and develop it with various office, service, retail , and industrial land uses (reference Exhibit D) . elk STANDARDS AND FINDINGS After due notice, as required by law, the Planning and Development Commission held a public hearing in consideration of Petition 28-99 on May 17, 1999 . The applicant testified at the hearing and presented documentary evidence in support of the application. No objectors appeared at the hearing. No written correspondence has been submitted. The Planning Department has submitted an Annexation, Zoning, and Subdivision Review, dated May 10, 1999 . The Planning and Development Commission has made the following findings concerning the requested variation: A. Site Characteristics. The suitability of the subject property for the intended zoning district with respect to its size; shape; significant natural features including topography, watercourses and vegetation; and existing improvements . Findings. The subject property is a regularly shaped parcel containing approximately 7 . 8 acres of land. The property is improved with a large barn and greenhouse which Page 2 FINDINGS/PZTEXT/3000DV. SV/3200PD. PC/3250AX. ZS/3250ANNE. 99/PET28 . 99 FINDINGS OF FACT Planning and Development Commission Petition 28-99 June 21, 1999 eft- have been renovated and used for commercial purposes in unincorporated Kane County. B. Sewer and Water. The suitability of the subject property for the intended zoning district with respect to the availability of adequate municipal water, wastewater treatment and stormwater control facilities . Findings. Municipal water lines are located along Randall Road and Capitol Drive . There is adequate water pressure in these existing lines to serve the proposed use . A municipal sanitary sewer line is located on the west side of Randall Road at the intersection of Holmes Road and Capital Street . The subject property may be served by this sewer. The subject property is in the service area for the Big Timber interceptor sewer. Stormwater detention is proposed to be located onsite. C. Traffic and Parking. The suitability of the subject ePik property for the intended zoning district with respect to the provision of safe and efficient on site and off site vehicular circulation designed to minimize traffic congestion. The number of locations for vehicular access to or from a public right of way should be limited to those which are necessary for the reasonable use of the property and consistent with current traffic engineering standards . Locations for vehicular access to or from a public right of way should be aligned directly opposite existing or approved locations across the street . Findings. The subject property is located along the west side of Randall Road, at the Fox Lane/Randall Road intersection. Randall Road is a regional limited access arterial street serving Kane County. The applicant proposes permanent direct access to Randall Road, creating a fourth leg to the Fox/Randall intersection. Capital Street is to be constructed along the subject property' s westerly lot line . Capital Street is to connect Alft Lane on the north to Holmes Road on the south. The eft Page 3 FINDINGS/PZTEXT/3000DV. SV/3200PD. PC/3250AX. ZS/3250ANNE. 99/PET28 . 99 FINDINGS OF FACT Planning and Development Commission Petition 28-99 June 21, 1999 tow applicants are proposing up to a maximum of two points of access to Capital Street . Off street parking is to be constructed in conformance to the parking lot ordinance . D. Zoning History. The suitability of the subject property for the intended zoning district with respect to the length of time the property has remained undeveloped or unused in its current zoning district . Findings. The subject property is located in unincorporated Kane County. Various portions of the property are zoned for either agricultural or commercial use. E. Surrounding Land use and Zoning. The suitability of the subject property for the intended zoning district with respect to consistency and compatibility with surrounding land use and zoning. eft Findings. The Slough Business Center is located to the northwest of the subject property. The areas located to the north and east of the subject property lying within the City of Elgin are zoned ORI Office Research Industrial District . The area located to the east of the subject property is in agricultural use and is zoned for industrial use . The areas located to the west of the subject property lying within unincorporated Kane County are zoned F-Farming District . These areas are primarily in agricultural use. F. Trend of Development. The suitability of the subject property for the intended zoning district with respect to consistency with an existing pattern of development or an identifiable trend of development in the area. Findings. The subject property is located within the Randall Road corridor which is developing as a major office, research, and industrial area. efth Page 4 FINDINGS/PZTEXT/3000DV. SV/3200PD. PC/3250AX. ZS/3250ANNE. 99/PET28 . 99 • FINDINGS OF FACT Planning and Development Commission Petition 28-99 June 21, 1999 tom G. Comprehensive Plan. The suitability of the subject property for the planned development with respect to conformance to the goals, objectives, and policies of the official comprehensive plan. Findings. The Official Comprehensive for Elgin designates the subject property as "office, research, and industrial" . H. Natural Preservation. The suitability of the subject property for the intended planned development with respect to the preservation of all significant natural features including topography, watercourses, wetlands, and vegetation. Findings. The subject property has no significant natural features. I. Internal Land Use. The suitability of the subject property for the intended planned development with respect to the land uses permitted within the development being located, designed, and operated so as to exercise no undue e'` detrimental influence on each other or on surrounding property. Findings. The applicant is requesting approval of a planned development without specifying the exact location of buildings and other improvements, or their intended uses . The applicant is proposing to establish essential design guidelines to be used by staff in reviewing each portion of the development on a case by case basis during the build out of the property. J. Planned Development Districts. The suitability of the subject property for the intended planned development district with respect to conformance to the provisions for the purpose and intent, and the location and size of a planned zoning district . The purpose of the PORI Office Research Industrial District is to provide a planned industrial environment that fosters a sense of place and destination within a coordinated campus or park setting, subject to the provisions of Chapter 19 . 60, Planned Developments . A PORI zoning district eft. Page 5 FINDINGS/PZTEXT/3000DV. SV/3200PD. PC/3250AX. ZS/3250ANNE. 99/PET28 . 99 FINDINGS OF FACT Planning and Development Commission Petition 28-99 June 21, 1999 is most similar to, but departs from the standard requirements of the ORI zoning district . The purpose and intent of the provisions for planned developments is to accommodate unique development situations . For planned development districts, the planned development should demonstrate the following characteristics : 1 . An opportunity to realize a development of demonstrated need with respect to the types of environment available to the public, that would not be possible under the strict application of the other chapters of this title. 2 . A creative approach to the use of land and related improvements resulting in better design and construction of aesthetic amenities . 3 . The preservation of significant natural features including topography, watercourses, wetlands, and vegetation. Planned industrial districts should be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate planned industrial district exclusive of rights of way, but including adjoining land or land directly opposite a right of way shall not be less than two acres . No departure from the required minimum size of a planned industrial district shall be granted by the City Council . Findings. The requested PORI Planned Office Research Industrial District zoning is in general conformance to the purposes for planned industrial districts . The introduction of certain ancillary retail and service uses to a major developing office, research, and industrial pattern of development within the Randall Road corridor makes good sense . PLANNED DEVELOPMENT DEPARTURES AND EXCEPTIONS A planned development may be granted certain departures from the normal standards, regulations, requirements, and procedures of the zoning ordinance. The applicant is requesting departures from the following sections of the zoning ordinance : elk Page 6 FINDINGS/PZTEXT/3000DV. SV/3200PD. PC/3250AX. ZS/3250ANNE. 99/PET28 . 99 FINDINGS OF FACT Planning and Development Commission Petition 28-99 June 21, 1999 A. Permitted Uses (19 .40 . 130 A. ) In addition to the 118 permitted uses in the ORI district, the applicant proposes to add approximately 40 service and retail uses to the permitted use list . B. Vehicle Use Area Setbacks (19 .40 . 135 E. 2 . ) The minimum required vehicle use area setback from Randall Road is 37 feet . The Far West Area Plan stipulates a 100 foot vehicle use area setback. The Wispark Corporation provided a 50 foot setback for the Northwest Corporate Park located north of the tollway. The applicant proposes a 30 foot setback from Randall Road for vehicle use areas and canopy structures in conjunction with motor vehicle service stations . RECOMMENDATION The Planning and Development Commission recommends the approval of Petition 28-99 . On a motion to recommend the approval of Petition 28-99, subject to the following conditions, the vote was six (6) yes and zero (0) : 1 . The following land uses should be deleted from the proposed permitted use list : coin operated laundry, laundry collecting and distributing outlets, garden and landscape plants and supplies, grocery and food stores, hardware stores, home and office furniture, miscellaneous shopping goods, optical goods dealers, and video rental stores . 2 . There should be a maximum of one freestanding "fast food" restaurant . One additional "fast food" restaurant shall be allowed within the same structure with a motor vehicle service station/grocery store . "Fast food" should have its customary and traditional meaning, encompassing restaurants like Taco Bell, Wendy' s, McDonald' s, Kentucky Fried Chicken, etc . 3 . Package liquor stores should be listed as a conditional use . eft Page 7 FINDINGS/PZTEXT/3000DV. SV/3200PD. PC/3250AX. ZS/3250ANNE . 99/PET28 . 99 FINDINGS OF FACT Planning and Development Commission Petition 28-99 June 21, 1999 emk 4 . The building and vehicle use area setbacks should be consistent with standard requirements of the ORI Office Research Industrial District with the exception that if a motor vehicle service station/grocery store is located on a lot adjoining Randall Road, the canopy and vehicle use area setback should be only 30 feet . Compliance with all of the remaining site design requirements for the ORI Office Research Industrial District . 5 . Signs are to be in conformance to the sign ordinance . 6 . Revisions to the provisions for staff design review, requiring the review of any motor vehicle service station and any other freestanding "fast food" restaurants, and clarifying design standards, exterior building materials, and the composition of the review group. '" 7 . Revisions to the preliminary plat per the Engineering Division and the Water Department . 8 . Conformance to all other applicable codes and ordinances. Therefore, the motion to recommend the approval of Petition 28-99 was adopted. -�-cp'I Iii 7'7 6 0- George M. Wolff, Chairman Planning and Development Commission g_AA>Lii( ;)4?_ "./1? Jerry Deering, Secretary Planning and Development Commission eft Page 8 FINDINGS/PZTEXT/3000DV. SV/3200PD. PC/3250AX. ZS/3250ANNE. 99/PET28 . 99 PLANNING DEPARTMENT IL ti 11 ks`pT W• i z ---- ZO Tp<<wAY < Y 0�I 1 ONG W @/Q ; TIMBER CDON A 1 4.,4i SUBJECT PROPERTY 20 I PETITION 28-99 WIfi p 1 SUMMIT 143y4414,0 IMBAL W m 1 BODE ``,.."- J C h/CA QO as `,..004 111111111111.--W CHICAGO 0 ---- --1A ve illibsh: J sQ r U.S. 20 ;111/ ¢ VIor 0 BLUFF CITY U 0 W cc cc 0 BOWES ,p. Y! O Zi €..) I u. HOPPS .1 BARTLET7� 1 COOK CO. 1 DT PAGE CO. Location Map A 1.1 - Exhibit A • PLANNING DEPARTMENT . )11.k , , OR rr *. i ORI ORI • 3 • 1 A lft--L n.-- .QV, . ............ ' Fox L n. • ORI .. III SUBJECT PROPERTY PETITION 28-99 OUT 6,, ORIHolmes Rd U 0U ............. C --> ..: 01 S MMMA&• O OR,/ 0 CD 8 NKS O CF Zoning Map LEGEND 4 RESIDENCE DISTRICTS BUSINESS DISTRICTS INDUSTRIAL DISTRICTS SFR1 SINGLE FAMILY RESIDENCE 1 RB RESIDENCE BUSINESS ORI OFFICE RESEARCH INDUSTRIAL SFR2 SINGLE FAMILY RESIDENCE 2 NB NEIGHBORHOOD BUSINESS GI GENERAL INDUSTRIAL TFR TWO FAMILY RESIDENCE AB AREA BUSINESS CI COMMERCIAL INDUSTRIAL _ MFR MULTIPLE FAMILY RESIDENCE CCt CENTER CITY t PORI PLANNED OFFICE RESEARCH INDUSTRIAL PSFR1 PLANNED SINGLE FAMILY RESIDENCE 1 CC2 CENTER CITY 2 PGI PLANNED GENERAL INDUSTRIAL °e,�,'o / PRB PLANNED RESIDENCE BUSINESS ``� •.4 PSFR2 PLANNED SINGLE FAMILY RESIDENCE 2 C� PTFR PLANNED TWO FAMILY RESIDENCE PNB PLANNED NEIGHBORHOOD BUSINESS CONSERVATION DISTRICTS /' w- PAB PLANNED AREA BUSINESS . 1 PMFR PLANNED MULTIPLE FAMILY RESIDENCE - .. PCC PLANNED CENTER CITY RC1 RESIDENCE CONSERVATION 1 COMMUNITY FACILITY DISTRICTS RC2 RESIDENCE CONSERVATION 2 /'• ' ' PRESERVATION DISTRICTS RC3 RESIDENCE CONSERVATION 3 r. CF COMMUNITY FACILITY PRO PLANNED RESIDENCE CONSERVATION PCF PLANNED COMMUNITY FACILITY HP HISTORIC PRESERVATION 200 0 0 400 - 800 FRP FOX RIVER PRESERVATION M.�-SCALE IN FEET Exhibit B • • PLANNING DEPARTMENT• •ALFT LANE I --- -, ELGIN CORP. LINE • ( ) -O 559 8 37" '. -017 0.0 0 • N � 3 . 21 o • Pt .03-3I -400-O2J 56058 _ e >?>� > I FOX LN. 2010. :>:::<::«:: 2010. —//28.3/ €' >:62:.: k SUBJECT C TP PROPERTY PETITION 28 99 ''! :: ; �;:€ ;:> <_, >:::$ :: s:;. ,r—a. 449.09 • 3/.5= ^ r I� -032 o m �I� 4 .46 b - Pt . 55 .71 i's 40 = ___ __0°as I I 242.7. N -OIOiL '' 01.14 240.2 . 83-030 5 . 60 Vi, • 0 cc o J J Q z 2 cc v �f6 .I Z�-. 640 /320 — j — ——.4111 /10/.54•-- o -001 -OO9 /52.95 T6C J In A ., I��s C AA h _ .58_ _ -• Parcel Map LEGEND "A" Q SUBDIVISION BOUNDARY ��..ow COUNTY ---■ 'SUBDIVISION NAME REFERENCE A INTERSTATE TOWNSHIP ---� SUBDIVISION BLOCK . 5 U.S. Q RIGHT OF WAY —-— I SUBDIVISION LOT NO. K 6-4t WATER COURSE OR EDGE ��.� CORPORATE LIMITS —�— PERMANENT PARCEL BLOCK NO. ® STATE LOT . SECTION ,I PERMANENT PARCEL NO. COUNTY Q e � _ DETAIL PAGE INDIVIDUAL PARCEL NO. ool . 'ACREAGE _' �oo0 25 0 50 400 �;� 'e �■ SCALE IN FEET / Exhibit C rem STATEMENT OF PURPOSE AND CONFORMANCE PAUL COMMERCE CENTER (PETITION 28-99) PETER C. BAZOS EXHIBIT D RIDER r Applicants, John Paul and Stella Paul (collectively "Applicant") do hereby submit the following additional information in support of the Development Application to which this Rider is attached. This Rider is also intended to serve as Applicant's "Statement of Purpose and Conformance" with respect to the Subdivision,Map Amendment, and Planned Development requested herein. I. General Background 1.1 The property which is the subject of this Development Application contains a total of approximately 7.8 acres and is legally described as on EXHIBIT 1 attached hereto (the "Subject Property"). 1.2 The property lies along the westerly right-of-way line of Randall Road near the intersection of Randall Rd. and Fox Lane in unincorporated Elgin, Kane County, Il. 1.3 The underlying zoning classification of the Subject Property under the Kane County Zoning Ordinance is B-1 and Farming. 1.4 Applicant proposes to (i) annex the Subject Property to the City of Elgin("City") and (ii) subdivide and develop the Subject Property for commercial purposes involving one or more of the permitted uses contemplated in Section II of this Development Application. II. Map Amendment for a Planned Development 2.1 Applicant requests the City's approval of a Map Amendment for a Planned Development("PD") of the Subject Property and hereby submits along with this Development Application,the following materials regarding the Subject Property: (a) A plat of survey ("Survey"); (b) A Preliminary PD plan, including preliminary engineering data, for the proposed"Paul Commerce Center",prepared by CE Design, Ltd. bearing Job No. 2132 and revision date November 24, 1998 ("PD Plan"). 2.2 Applicant requests that the City enact and adopt such ordinances and resolutions as may be required to approve a PD and associated PORI zoning classification for the Subject Property which contains the following major provisions: (a) That the Subject Property be subdivided as shown on the PD Plan,with the resulting subdivision to be called the "Paul Commerce Center"; (b) That the PORI ordinance("PORI") adopted with respect to the Subject Property as part of the • requested PD establish the following permitted uses for the Subject Property: (i) Those uses currently permitted in the City's existing ORI-Office Research Industrial zoning district; plus (ii) The following additional permitted uses: .•, Services Division ATM Bakery Banks, savings and loans and other savings and financial institutions Barber shops \\MAIN\WPDOCS\WORK\17552\Developmcnt-Appl-v4.doc 4 Beauty shops Coin operated laundry Conference facility Convention center(enclosed) Daycare facilities Drinking place Dry cleaning facility Eating place Exhibition center(enclosed) Laundry collecting and distributing outlets Membership sports and recreation clubs Offices of all types Physical fitness centers Sports and recreation facility (enclosed) Retail Trade Division Bookstore Card/Gift shop Carry-out restaurants Coffee stand Convenience store Drinking places Drug stores Eating places eft Florists Food stores Garden and landscape plants and supplies Grocery Hardware stores Home and office furniture and furnishings and equipment Newsstand Package liquor stores Misc. shopping goods stores News dealers Optical goods dealers Outdoor eating and drinking facilities Tobacco stores Video rental stores Miscellaneous Uses Division Drive through facilities Mailing, reproduction, commercial art, and photocopying facility Parking in connection with any other use permitted on any other lots (iii) That under the PORI, and in addition to any of the other permitted uses specified herein,proposed Lot 1 also be allowed to be developed, improved and used, as a permitted use, in connection with(1)the sale at retail of motor fuel and other .., automotive petroleum, (2)the sale of foodstuffs and beverages customarily sold in so- called auto"mini-marts", and(3)the operation of an associated, attached or detached car wash(hereinafter a"Mini-Mart Facility"). The PD Plan shows a contemplated site plan for a hypothetical Mini Mart Facility. The PORT shall provide that before the construction of any Mini Mart Facility shall commence on Lot 1, the site plan and aesthetic design of such a Mini-Mart Facility shall be submitted to the Design Review \WMAIN\WPDOCS\WORK\175521Dcvclopment-Appl-v4.doc 5 Committee of the City(as hereafter defined) for its approval, which approval shall not be unreasonably withheld, conditioned or delayed, and any adverse decision by the Design Review Committee shall, at the request of the Applicant,be subject to review by the Elgin City Council. The design of any such Mini-Mart Facility shall generally comply with the standards set forth on EXHIBIT 2 attached hereto. As used herein, the term "Design Review Committee" shall mean a committee composed of the following individuals employed by the City in the following capacities: (A) The Director of the Planning Department (currently Roger K. Dahlstrom)or such other planner within the Planning Department as the Director of Planning may designate; (B) The Director of Business Services (currently Raymond Moeller) (C) The Community Development Manager(currently Mark T. Biemacki). (iv) Additionally,the PORT shall also provide that any of the other lots within the Subject Property shall be able to be used as a fast-food restaurant(meaning a restaurant with a limited menu of pre-prepared foods designed primarily for carry-out, and usually including a drive-through window), examples of which include MacDonald's,Burger King,Kentucky Fried Wendy's, etc. ("Fast Food Facility"). However,the PORT shall provide that before the construction of any such Fast-Food Facility shall commence on any of said lots,the site plan and aesthetic design of such a facility shall be submitted to the Design Review Committee of the City(as hereafter above defined) for its approval,which approval shall not be unreasonably withheld, conditioned or delayed, and any adverse decision by the Design Review Committee shall, at the request of the Applicant,be subject to review by the Elgin City Council. The design of any such Fast-Food Facility shall generally comply with the standards set forth on EXHIBIT 2 attached hereto. (c) That the PORI District created herein shall also have as "conditional uses", all of the "conditional uses" as described in the City's existing ORI-Office Research Industrial District. (d) That the PORI ordinance establish as development and design standards those standards as are set forth on EXHIBIT 2 attached hereto. (e) That along with the application for a building permit to construct a building on any of the lots within the Paul Commerce Center,the developer shall also be required to submit a landscape plan and signage plan for the lot in question, in each case complying with the codes and ordinance of the City,modified only by the express provisions of the PD/PORI. (f) That the engineering, on-site storm water retention and detention and other design features described on the PD Plan be approved for the Subject Property as part of the PD/PORI. (g) That at the election of the Owner,there shall be created among the various lots within the proposed subdivision cross easements for drainage,parking, access and the like. (h) That the Subject Property shall be served by the following curb-cuts: •. (i) A single curb cut located opposite, and aligned with, Fox Lane, with signalization at Applicant's Expense. (ii) Up to two (2) curb-cuts leading from the Subject Property to the Capital Drive right-of way. i\MAIN\WPDOCS\WORK11 7552\Dcvelopment-Appl-v4.doc 6 i • 2.3 That the PD/PORI ordinance expressly provide that the commencement of construction and development on any one of the lots within the Subject Property within two (2)years from the date of r/'"` approval of the Development Request shall satisfy with respect to all of the lots in the subdivision the City's requirement for commencement of construction of a planned development within two (2)years as more particularly set forth in Section 19.16.210 of the City's Zoning Ordinance. 2.4 Applicant respectfully states that the PD/PORI herein requested with respect to the Subject Property should be approved because: (a) The proposed permitted uses of the requested PORI are appropriate for the area in which the said lots are located and will generally provide needed services to the other occupants and users of the Subject Property and other facilities located in the general area of the Subject Property. (b) None of the requested departures from the design or development controls otherwise currently applicable to the Subject Property will in any way negatively impacts surrounding property values nor adversely affect the public health, safety or welfare. (c) No significant natural features other than the Ravine exist on the Subject Property. (d) As part of the development of the Subject Property,Applicant will extend all required on-site municipal sanitary sewer, storm sewer and water services necessary and appropriate to serve same, all in accordance with the City's ordinances (as modified by the PD/PORI Ordinance). (e) The traffic flow within the Subject Property will be adequately served by the internal drive isles and cross easements to be created thereon. eft. (f) The PD Plan contains adequate provisions for the safe and efficient on-site and off-site circulation of vehicles and will minimize traffic congestion. (g) The proposed PORI zoning is substantially consistent with the zoning of surrounding property, with the City's comprehensive plan, and with the trend of development in the area. (h) Neither the approval of the requested PD/PORI nor the development of the Subject Property as permitted or contemplated thereby will have any negative impact upon the public health, safety or welfare or up the value of nearby or surrounding property,but, instead,will enhance said values. (i) The development of the Subject Property as contemplated herein,will(A)provide substantial employment opportunities and(B) provide additional real estate and sales tax revenues, all of which will benefit the City and its residents and other local taxing bodies. 2.5 Attached hereto as EXHIBIT 3 are the drawings and specifications for the signs ("Signs") which Applicant desires to place upon the Subject Property along the easterly boundary of the Subject Property adjacent to the Randall Road right-of-way and along the westerly boundary of the Subject Property adjacent to the future Capital Drive right-of-way. The Signs are proposed to be placed as shown on the PD Plan. (The said design for the Signs as contained on EXHIBIT 3 and the proposed location thereof as shown on the PD Plan shall hereinafter be collectively called the "Signage Plan"). 2.6 The Signage Plan contains departures from the otherwise applicable requirements of Chapter 19.50 `° and other applicable provisions of Elgin's Zoning Ordinance. 2.7 Applicant requests that, as part of the PORI for the Subject Property,the City approve the installation and maintenance of the Signs as part of the requested Planned Development. In support of this request, applicant states as follows: \\MAIMWPDOCS\WORK\17552\Development-Appl-v4.doc 7 (a) The Subject Property is intended to be developed and improved with a multiplicity of uses, including,without limitation, a restaurant,mini-mart, and other commercial uses. (b) The Subject Property is over 7.8 acres in size. (c) The Subject Property is located within a corporate area which deserves a minimization of the number of signs. (d) The signage, as proposed, is tasteful in appearance and not excessive in size,given the multiplicity of uses intended to be created upon the Subject Property and the configuration of the Subject Property. (e) Highway safety requires that signage of appropriate size be located along Randall Road in order to give drivers adequate notice and time to slow down for turning onto the Randall Road exit in order to access the improvements on the Subject Property. 2.8 Notwithstanding the approval of the requested Signs,the Applicant shall retain the right to place additional signs on the various lots within the Subject Property as may otherwise be permitted in the City's Zoning Ordinance. III. Miscellaneous Applicant requests that copies of all notices given to Applicant hereunder(or in connection with the actions requested to be taken herein)be sent to its counsel as follows: Peter C. Bazos, Esq. SCHNELL,BAZOS, FREEMAN &KRAMER 1250 Larkin Ave., Suite 100 Elgin,IL 60123 Phone: 847-742-8800 Fax: 847-742-9777 Respectfully Submitted, John Paul Stella Paul \\MAIN\WPDOCS\WORK\17552\Development-Appl-v4.doc 8 EXHIBIT 1 ,,, LEGAL DESCRIPTION OF SUBJECT PROPERTY That part of the Southeast Quarter of Section 31,Township 42 North,Range 8 described as follows: Commencing at the Northeast corner of said Southeast Quarter, thence South 89 degrees 59 minutes 41 seconds West along the North line of said Southeast Quarter, 588.11 feet;thence South 0 degrees 54 minutes 10 seconds West 250.01 feet for the point of beginning; thence continuing South 0 degrees 54 minutes 10 seconds West, 685.32 feet; thence South 89 degrees 42 minutes 41 seconds East,440.20 feet;thence North 0 degrees 30 minutes 56 seconds East, 28.40 feet; thence South 89 degrees 43 minutes 05 seconds East, 124.58 feet to the East line of said Southeast Quarter, thence North 0 degrees 28 minutes 53 seconds East along said East line,659.69 feet; thence North 90 degrees 00 minutes 00 seconds West, 559.94 feet to the point of beginning(except the East 62.0 feet taken for highway purposes),in Dundee Township,Kane County,Illinois. r \\MAIN\WPDOCS\WORK\17552\Dcvclopmcnt-Appl-v4.doc 9 . i r EXHIBIT 2 DESIGN STANDARDS The design standards applicable to the Subject Property and to the improvements which may be hereafter erected on the Subject Property shall be as follows and as otherwise reflected on the PD Plan: 1. BUILDING LINE SET BACK: (a) Along Randall Road, seventy(70)feet; except that with respect to any Mini Mart Facility built on Lot 1, the canopy and pumps may extend to within thirty (30) feet of Randall Road. (b) Along future Capital Drive, forty (35) feet. (c) Along the northerly boundary of the Subject Property, fifteen(15) feet. (d) Along the southerly boundary of the Subject Property, fifteen(15) feet. 2. VEHICLE USE SET BACK AREAS. (a) Along Randall Road,thirty(30)feet. (b) Along future Capital Drive,thirty (30) feet. (c) Along the northerly boundary of the Subject Property, five (5)feet. (d) Along the southerly boundary of the Subject Property, five(5)feet. 3. NO INTERIOR LOT LINE CONTROLS. There shall be no building setbacks,vehicle use set backs or landscape buffers applicable with respect to the common boundaries of any of the lots within the subdivision. 4. ACCESS AND CURB-CUTS. A single, private access to and from the Subject Property to Randall Road shall be permitted as shown on the PD Plan. Additionally, upon the construction of Capital Drive adjacent to the westerly boundary of the Subject Property,not less than two (2) curb-cuts shall be permitted to service the Subject Property. 5. ADDITIONAL DEVELOPMENT AND DESIGN CONTROLS. Except as provided in paragraphs 1,2, 3 and 4 above, all of the development and design controls otherwise applicable to properties classified within the City's ORI zoning classification(hereinafter called "Standard ORI Controls") shall apply to the Subject Property. 6. DESIGN STANDARDS FOR MINI-MART FACILITY AND FAST-FOOD FACILITY. The design of any Mini-Mart Facility and/or Fast-Food Facility to be built upon the Subject Property shall adhere to the following general standards and principals: (a) To the extent practicable and feasible,the main buildings composing such facilities shall be of masonry construction. (b) The colors of the building and other structures shall not be such as to constitute attention- getting devices,but shall, instead, be compatible with the nearby "corporate facilities" located to the north along the east and west sides of Randall Road in order not to detract from the "corporate" image along this thoroughfare. Attention-getting colors shall be limited to permitted signage. \\MAIN\WPDOCS\WORK\175521Development-Appl-v4.doc 10 elk In applying these standards,the Design Review Committee (and the Elgin City Council) shall take into consideration designs for such facilities which have been accepted or utilized by national petroleum marketing companies and national fast-food chains elsewhere in the mid-west United States. It is the intention of the parties that the Design Review Committee shall not,without Applicant's consent,require a design which is not in usage by such a facility elsewhere in the mid- west United States. \\MAIN\WPDOCS\WORK\17552\Development-Appl-v4.doc 1 1 • •4 EXHIBIT 3 eik DRAWING/DESCRIPTION OF SIGNS I. SIGNAGE ALONG RANDALL ROAD: 1.1 A single, double-faced monument sign with dimensions of feet in width and in height, intended to advertise the presence of the various users within Paul Commerce Center. 1.2 If any other lot within the subdivision is improved with a Mini-Mart Facility or a Fast-Food Facility, a separate monument sign for each such use as approved by the Design Review Committee. 1.3 Directional,"entrance" and"exit" signage at the entrance to the subdivision. II. SIIGNAGE ALONG CAPITAL DRIVE: 2.1 A single,double-faced monument sign with dimensions of feet in width and in height, intended to advertise the presence of the various users within Paul Commerce Center. 2.2 If any other lot within the subdivision is improved with a Mini-Mart Facility or a Fast-Food Facility, a separate monument sign for each such use as approved by the Design Review Committee. 2.3 Directional, "entrance" and"exit" signage at each curb-cut to the subdivision. flak i1MAIN\WPDOCS\WORK\17552\Development-Appl-v4.doc 12