HomeMy WebLinkAboutG110-06 Ordinance No.G110-06
AN ORDINANCE
CLASSIFYING NEWLY ANNEXED TERRITORY IN THE
PAB PLANNED AREA BUSINESS DISTRICT
(Good Shepherd Evangelical Lutheran Church Subdivision
195 Nesler Road-Phase 2)
WHEREAS, the territory herein described has been annexed to the City of Elgin; and
WHEREAS, written application has been made to classify said territory to a PAB
Planned Area Business District; and
WHEREAS, after due notice in the manner provided by law the Planning and
Development Commission conducted public hearings concerning said application and has
submitted its written findings and recommendations; and
WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and
recommendations of the Planning and Development Commission.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
elk Section ELGIN, ILLINOIS:
Section 1. That Chapter 19.07, Section 19.07.600 entitled "Zoning District Map" of the
Elgin Municipal Code, 1976, as amended, be and are hereby altered by including in the PAB
Planned Area Business District, the following described property:
The boundaries herein before laid out in the `Zoning District Map', as amended,
be and are hereby altered by including in the PAB Planned Area Business District,
that portion of the property legally described below identified on the attached
zoning exhibit prepared by Gerald L. Heinz and Associates, Inc., dated
October 12, 2004, as "Parcel 1 Requested Business District Zoning":
That part of Sections 17 and 18, Township 41 North, Range 8 East of the Third
Principal Meridian, described as follows: Commencing at the Southwest Corner
of Moeller's Subdivision, a subdivision of said Section 17, and also being a point
in the center line of U.S. Route 20; thence Northwesterly along said center line,
being on a curve to the right and having a radius of 4,326.96 feet, an arc distance
of 296.90 feet; (the chord of the last described curve bearing North 66 degrees 19
minutes 12 seconds West, 269.86 feet); thence North 64 degrees 58 minutes 36
seconds West along said center line, 170.08 feet for the point of beginning; thence
continuing North 64 degrees 58 minutes 36 seconds West along said center line,
577.78 feet to the center line of Nesler Road; thence south 31 degrees 41 minutes
01 seconds West along said center line, 475.20 feet; thence South 64 degrees 58
minutes 43 seconds East, 265.80 feet; thence North 31 degrees 40 minutes 54
seconds East, 127.33 feet; thence South 64 degrees 58 minutes 43 seconds East
•
373.91 feet; thence North 21 degrees 27 minutes 30 seconds East, 346.22 feet to
the point of beginning, (excepting therefrom that part of U.S. Route 20 dedicated
for roadway purposes by Document Numbers 424677 and 1363891), in Elgin
Township, Kane County, Illinois.
Section 2. That the City Council of the City of Elgin hereby grants the PAB Planned
Area Business District which shall be designed, developed, and operated subject to the following
provisions:
A. Purpose and Intent. The purpose and intent of this PAB zoning district is to
provide commodities and services to several neighborhoods, and in some
instances to a communitywide or regional supporting populations, subject to the
provisions of chapter 19.60 of the zoning ordinance. A PAB zoning district is
most similar to, but departs from the standard requirements of the AB 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, 1976, as amended. The exclusion of such symbol
shall not exempt such word or phrase from the applicable supplementary
regulation.
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C. General Provisions. In this PAB 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, 1976, as amended.
D. Zoning Districts - Generally. In this PAB 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, 1976, as amended.
E. Location and Size of District. This PAB zoning district should be located in
substantial conformance to the official comprehensive plan. The amount of land
necessary to constitute a separate PAB zoning 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.
F. Land Use. In this PAB zoning district, the use 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" [SR] shall be the
only land uses allowed as a"permitted use" [SR] in this PAB zoning district:
Permitted Uses: The following enumerated land uses shall be the only
land uses allowed as a permitted use in the AB Area Business District:
rok 1. Residences Division:
"Upper floor apartment dwellings" [SR] (UNCL).
2. Municipal Services Division:
Public parks, recreation, open space (UNCL) on a "zoning lot"
[SR] containing less than two (2) acres of land.
3. Offices Division:
"Offices" [SR] (UNCL).
4. Finance, Insurance, and Real Estate Division:
Check-cashing agencies (6099).
"Development sales offices" [SR] (UNCL).
Finance, insurance, and real estate (H).
5. Services Division:
Advertising (731).
Automotive renting and leasing without drivers (751).
Barbershops (724).
Beauty shops (723).
"Bed and breakfast inns" [SR] (7011).
Billiard parlors (7999).
Bingo parlors (7999).
Carpet and upholstery cleaning agents without plants on the
premises (7217).
Coin-operated laundries and dry cleaning (7215).
Commercial, economic, sociological and educational research
(8732).
Commercial, physical, and biological research (8731).
Computer programming, data processing and other computer-
related services (737).
Computer rental and leasing(7377).
Consumer credit reporting agencies, mercantile reporting agencies,
and adjustment and collection agencies (732).
Dance studios and schools (791).
Detective and guard services (7381).
Electrical and electronic repair shops (7629).
Engineering, accounting, research, management and related
services (87).
Fortunetellers (7999).
Funeral service (726).
Garment pressing, and agents for laundries and dry cleaners
(7212).
Home health care services (808).
"Hotels and motels" [SR] (701).
Job training and vocational rehabilitation services (833).
Laundry collecting and distributing outlets (7211).
Legal services (811).
Libraries (823).
Mailing, reproduction, commercial art and photography, and
stenographic services (733).
Management and public relations services (874).
Medical and dental laboratories (807).
Membership organizations (86).
Membership sports and recreation clubs (7997).
Miscellaneous equipment rental and leasing (735).
Miscellaneous personal services not elsewhere classified (7299).
Motion picture distribution and allied services (782).
Motion picture production and allied services (781).
Motion picture theaters (7832).
News syndicates (7383).
Noncommercial research organizations (8733).
Offices and clinics of dentists (802).
Offices and clinics of doctors of medicine (801).
Offices and clinics of doctors of osteopathy(803).
Offices and clinics of other health practitioners (804).
Other schools and educational services (829).
Personnel supply services (736).
Photofinishing laboratories (7384).
Photographic studios, portrait (722).
Physical fitness facilities (7991).
Pool parlors (7999).
Professional sports operators and promoters (7941).
Radio and television repair shops (7622).
Refrigerator and air-conditioning service and repair(7623).
Reupholstery and furniture repair(764).
Security systems services (7382).
Shoe repair shops and shoeshine parlors (725).
Tax return preparation services (7291).
Testing laboratories (8734).
Theatrical producers (792).
Videotape rental (784).
Vocational schools (824).
Watch, clock and jewelry repair(763).
6. Retail Trade Division:
Apparel and accessory stores (56).
Automatic merchandising machine operators (5962).
Building materials, hardware and garden supply(52).
Carryout restaurants (5812).
Catalog and mail-order houses (5961).
Convenience food stores, operated on a twenty four(24) hour basis
(5411).
Direct selling establishments (5963).
Drinking places (alcoholic beverages) (5813).
Drugstores and proprietary stores (591).
Eating places (5812).
Florists (5992).
Food stores (54).
ra‘' General merchandise stores (53).
Home furniture, furnishings and equipment stores (57).
Miscellaneous retail stores not elsewhere classified (5999).
Miscellaneous shopping goods stores (594).
Mobile home dealers (52).
Motor vehicle dealers (5994).
News dealers (5994).
Optical goods stores (5995).
"Outdoor eating and drinking facilities" [SR] (UNCL).
Tobacco stores (5993).
Used building materials (5932).
Used merchandise stores (593).
7. Agricultural Division:
Dog grooming(0752).
Farm labor and management services (076).
Greenhouses for floral products, exclusively "accessory" [SR] to a
use allowed in the zoning district(0181).
Landscape counseling and planning(0781).
Lawn and garden services (0782).
Ornamental shrub and tree services (0783).
Veterinary services for household pets (0742).
8. Construction Division:
"Contractor's office and equipment areas" [SR] (UNCL).
9. Manufacturing Division:
Commercial printing occupying less than five thousand (5,000)
square feet of gross floor area(2752).
10. Wholesale Trade Division:
Apparel piece goods and notions (513).
Drugs, drug proprietaries, and druggists' sundries (512).
Electrical goods (506).
Furniture and home furnishings (502).
Groceries and related products (514).
Hardware, and plumbing and heating equipment and supplies
(507).
Machinery, equipment, and supplies (508).
Metals and minerals, except petroleum (505).
Motor vehicles and motor vehicle parts and supplies (501).
Paper and paper products (511).
Professional and commercial equipment and supplies (504).
11. Transportation, Communication And Utilities Division:
"Amateur radio antennas" [SR] (UNCL).
Arrangement of passenger transportation (472).
Arrangement of transportation of freight and cargo (473).
Branch United States post offices (4311).
Bus charter service operators' offices (414).
Cable and other pay television services (484).
"Commercial antennas and antenna structures mounted on existing
structures" [SR] (UNCL).
Communication services not elsewhere classified (489).
Intercity and rural bus transportation operators' offices (413).
"Loading facilities" [SR], exclusively "accessory" [SR] to a use
allowed in the zoning district, subject to the provisions of Chapter
19.47 of this Title (UNCL).
Local and suburban passenger transportation operators' offices
(411).
Packing and crating (4783).
"Radio and television antennas" [SR] (UNCL).
Radio and television broadcasting stations (483).
Railroad operators' offices (401).
"Satellite dish antennas" [SR] (UNCL).
School bus operators' offices (415).
Taxicab operators' offices (412).
Telegraph and other message communications (482).
Telephone communications (481).
"Treatment, transmission and distribution facilities: poles, wires,
cables, conduits, laterals, vaults, pipes, mains, and valves" [SR]
(UNCL).
12. Miscellaneous Uses Division:
"Accessory structures" [SR] (UNCL) to the permitted uses allowed
in the AB Area Business District, subject to the provisions of
Section 19.12.500 of this Title.
"Accessory uses" [SR] (UNCL) to the permitted uses allowed in
the AB Area Business District, subject to the provisions of Section
19.10.400 of this Title.
"Drive-through facilities" [SR], subject to the provisions of
Chapter 19.45 of this Title.
"Fences and walls" [SR] (UNCL).
"Loading facilities" [SR] (UNCL), exclusively "accessory" [SR] to
a permitted use allowed in the AB Area Business District, subject
to the provisions of Chapter 19.47 of this Title.
"Outdoor display areas" [SR] (UNCL).
"Outdoor display lots" [SR] (UNCL).
"Parking lots" [SR] (UNCL), exclusively "accessory" [SR] to a
permitted use allowed in the AB Area Business District, subject to
the provisions of Chapter 19.45 of this Title.
"Parking structures" [SR] (UNCL), exclusively "accessory" [SR]
to a permitted use allowed in the AB Area Business District,
subject to the provisions of Chapter 19.45 of this Title.
"Refuse collection area" [SR].
"Signs" [SR] (UNCL), subject to the provisions of Chapter 19.50
of this Title.
"Storage tanks" [SR] (UNCL).
"Temporary uses" [SR] (UNCL).
Conditional Uses: The following enumerated land uses shall be the only
land uses allowed as a conditional use in the AB Area Business District:
1. Municipal Services Division:
"Municipal facilities" [SR] on a zoning lot [SR] containing less
than two (2) acres of land.
2. Public Administration Division:
Public administration (J) on a zoning lot containing less than two
(2) acres of land.
3. Services Division:
Amusement parks (7996).
Arenas, sports fields, and stadiums (UNCL).
Ballrooms (7911).
Bowling centers (7933).
"Car washes" [SR] (7542).
Child daycare services (835).
Coin-operated amusement establishments (7993).
Dance halls (7911).
Discotheques (7911).
Drive-in motion picture theaters (7833).
"Home child daycare services" [SR] (8351).
Individual and family social services (832).
Massage parlors (7299).
"Motor vehicle repair shops" [SR] (753).
"Motor vehicle top, body and upholstery repair shops, and paint
shops" [SR] (7532).
Organization hotels and lodging houses, on membership basis
(704).
Power laundries (7211).
Recreational vehicle parks and campsites (7033).
Sporting and recreational camps (7032).
Steam baths (7299).
Tattoo parlors (7299).
"Teen clubs" [SR] (UNCL).
Turkish baths (7299).
4. Retail Trade Division:
Drive-in restaurants (5812).
Firearms sales (5941).
"Motor vehicle service stations" [SR] (554).
"Package liquor sales establishments" [SR] (5921).
Pawnshops (5932).
5. Agricultural Division:
"Kennels" [SR] (0752).
6. Mining Division:
"Temporary mining" [SR] (UNCL).
7. Wholesale Trade Division:
Beer,wine, and distilled alcoholic beverages (518).
Lumber and other construction materials (503).
8. Transportation, Communication, and Utilities Division:
"Conditional commercial antenna tower" [SR] (UNCL).
"Conditional commercial antennas and antenna structures mounted
on existing structures" [SR] (UNCL).
Courier services (4215).
Heliports (458).
Pipelines, except natural gas (461).
Public warehousing and storage (422).
"Other radio and television antennas" [SR] (UNCL).
"Other satellite dish antennas" [SR] (UNCL).
Railroad tracks (401).
"Treatment, transmission, and distribution facilities: equipment,
equipment buildings, towers, exchanges, substations, regulators"
[SR] (UNCL).
Water transportation (44).
9. Miscellaneous Uses Division:
"Accessory package liquor sales establishment" [SR] (UNCL).
"Accessory structures" [SR] (UNCL) to the conditional uses
allowed in the AB Area Business District, subject to the provisions
of Section 19.12.500 of this Title.
re' "Accessory uses" [SR] (UNCL) to the conditional uses allowed in
the AB Area Business District, subject to the provisions of Section
19.10.400 of this Title.
"Commercial operations yards" [SR] (UNCL).
"Master signage plan" [SR], subject to the provisions of Chapter
19.50 of this Title.
"Parking lots" [SR] (UNCL), subject to the provisions of Chapter
19.45 of this Title.
"Parking structures" [SR] (UNCL), subject to the provisions of
Chapter 19.45 of this Title.
"Planned developments" [SR] (UNCL) on a zoning lot containing
less than two (2) acres of land, subject to the provisions of Chapter
19.55 of this Title.
Similar Uses: The following enumerated land uses shall be subject to
classification as a permitted use or as a conditional use in the AB Area
Business District or in a less restrictive zoning district, pursuant to
subsection 19.10.400H of the Elgin Municipal Code:
1. Services Division:
Amusement and recreational services not elsewhere classified
(7999).
Automotive services (7549).
Business services not elsewhere classified (7389).
Laundry and garment services not elsewhere classified (7219).
Miscellaneous health and allied services not elsewhere classified
(809).
Miscellaneous personal services not elsewhere classified (7299).
Miscellaneous repair shops and related services (769).
Services not elsewhere classified(899).
Social services not elsewhere classified(839).
2. Wholesale Trade Division:
Miscellaneous durable goods (509).
Miscellaneous nondurable goods (519).
3. Transportation, Communication,And Utilities Division:
Transportation services not elsewhere classified (4789).
G. Site Design. In this PAB 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 Zoning Ordinance and Chapter 19.60, Planned Developments, of the Elgin
Municipal Code, 1976, as amended, and as provided in this ordinance. Prior to
the development of the subject property the owner of the subject property shall be
required to submit a development plan to the city for a public hearing and City
Council approval pursuant to the provisions of Chapter 19.60, Planned
Developments, of the Elgin Municipal Code, 1976, as amended. In addition
thereto, cross easements shall be provided for access to the Van Poucke property
to the east of the commercial portion of the subject property and through the
church parcel for access to Nesler Road.
H. Off-street Parking. In this PAB zoning district, off street parking shall be
subject to the provisions of Chapter 19.45, Off-street Parking, of the Elgin
Municipal Code, 1976, as amended.
Off-street Loading. In this PAB zoning 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.
J. Signs. In this PAB zoning district, signs shall be subject to the provisions of
Chapter 19.50, Signs of the Elgin Municipal Code, 1976, as amended.
K. Amendments. In this PAB zoning district, application for text and map
amendments shall be subject to the provisions of Chapter 19.55, Amendments. A
text and map amendment may be requested by an individual lot or property owner
for a zoning lot without necessitating that all other property owners in this PAB
zoning district authorize such an application.
L. Planned Developments. In this PAB zoning district, the use and development of
the land and structures shall be subject to the provisions of Chapter 19.60,
Planned Developments of the Elgin Municipal Code, 1976, as amended. A
elk conditional use for a planned development may be requested by an individual lot
or property owner for a zoning lot without requiring an amendment to this PAB
zoning district and without necessitating that all other property owners in this
PAB zoning district authorize such an application.
M. Conditional Uses. In this PAB zoning district, application for conditional uses
shall be subject to the provisions of Chapter 19.65 Conditional Uses of the Elgin
Municipal Code, 1976, as amended. A conditional use may be requested by an
individual lot or property owner for a zoning lot without requiring an amendment
to this PAB zoning district and without necessitating that all other property
owners in this PAB zoning district authorize such an application.
N. Variations. In this PAB zoning district, application for variation shall be subject
to the provisions of Chapter 19.70, Variations of the Elgin Municipal Code, 1976,
as amended. Any of the requirements of this ordinance may be varied by petition
of a lot or property owner for a zoning lot without requiring an amendment to this
PAB zoning district and without necessitating that all other property owners in
this PAB zoning district authorize such an application.
0. Subdivisions — Generally. The subdivision of the subject property and
development thereof shall comply with the subdivision regulations of the city, as
amended, and the Plat Act of the State of Illinois. Prior to building permit
issuance, for each building or structure proposed to be built within the planned
development, a soils suitability and bearing capacity test shall be performed as
required by the City Engineer and the Development Administrator, and the
provisions of the Annexation Agreement.
P. Buildings — Required Improvements. In addition to those building
improvements required by Title 16 of the Elgin Municipal Code, the following
building improvements shall also be required:
1. All sanitary sewer shall be overhead sewers.
2. All structures containing sump pits and pumps shall have separate lines
connecting the sump pump to the storm sewer as required by the City
Engineer and the Development Administrator.
Q. 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.
Section 3. That this ordinance shall be full force and effect immediately after its passage
in the manner provided by law.
Ed Schock, Mayor
•
erk Presented: December 20, 2006
Passed: December 20, 2006
Omnibus Vote: Yeas: 6 Nays: 0
Recorded: December 21, 2006
Published:
Attest:
Dolonna Mecum, City Clerk
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