HomeMy WebLinkAboutG12-06 ��.. Ordinance No. G12-06
AN ORDINANCE
CLASSIFYING NEWLY ANNEXED TERRITORY IN THE
PNB PLANNED NEIGHBORHOOD BUSINESS DISTRICT
(Frontage along Big Timber 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 to a PNB
Planned Neighborhood 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
OF 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 PNB
Planned Neighborhood 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 PNB Planned
Neighborhood Business District, the following described property (parcel
numbers as referenced are as indicated on the Preliminary Subdivision Plat):
The area on the attached zoning map, prepared by JEN Land Design, Inc.,
and dated June 15, 2004, and last revised December 3, 2004, designated in the
PNB Planned Neighborhood Business District and located within a portion of the
property legally described as follows:
TRACT E:
THAT PART OF THE SOUTHWEST QUARTER OF SECTION 26,
TOWNSHIP 42 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL
MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE
SOUTHEAST CORNER OF SAID SOUTHWEST QUARTER; THENCE
NORTH ALONG THE EAST LINE OF SAID QUARTER SECTION 172.15
FEET TO THE CENTERLINE OF BIG TIMBER ROAD; THENCE NORTH
,., ALONG THE EAST LINE OF SAID QUARTER SECTION 1300 FEET;
THENCE WEST ALONG A LINE FORMING AN ANGLE OF 89 DEGREES
57 MINUTES MEASURED CLOCKWISE FROM THE LAST DESCRIBED
COURSE, 717.69 FEET FOR THE POINT OF BEGINNING; THENCE WEST
ALONG THE EXTENSION OF THE LAST DESCRIBED COURSE 280
FEET; THENCE SOUTH ALONG A LINE FORMING AN ANGLE OF 90
DEGREES 03 MINUTES MEASURED CLOCKWISE FROM THE LAST
DESCRIBED COURSE 456.17 FEET TO THE CENTERLINE OF SAID BIG
TIMBER ROAD; THENCE SOUTHEASTERLY ALONG SAID
CENTERLINE 1114.17 FEET TO THE CENTERLINE EXTENDED
NORTHEASTERLY OF MCCORNACK ROAD; THENCE
SOUTHWESTERLY ALONG THE EXTENSION OF THE CENTERLINE OF
SAID MCCORNACK ROAD 512.4 FEET TO THE SOUTH LINEUP SAID
SOUTHWEST QUARTER; THENCE WEST ALONG SAID SOUTH LINE
2081.5 FEET TO THE SOUTHWEST CORNER OF SAID SOUTHWEST
QUARTER; THENCE NORTH ALONG THE WEST LINE OF SAID
QUARTER SECTION 2642 FEET TO THE NORTHWEST CORNER OF
SAID SOUTHWEST QUARTER; THENCE EAST ALONG THE NORTH
LINE OF SAID QUARTER SECTION 23 81.4 FEET TO A POINT 255.75
FEET WEST OF THE NORTHEAST CORNER OF SAID SOUTHWEST
QUARTER; THENCE SOUTH PARALLEL WITH THE EAST LINE OF SAID
QUARTER SECTION 72.5 FEET: THENCE SOUTHWESTERLY 1181.74
FEET TO THE POINT OF BEGINNING (EXCEPTING THEREFROM THAT
PART DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST
CORNER OF SAID QUARTER SECTION; THENCE SOUTH 89 DEGREES
45 MINUTES 38 SECONDS WEST ALONG THE SOUTH LINE OF SAID
QUARTER, 559.2 FEET TO THE CENTERLINE OF MCCORNACK ROAD
PER DOCUMENT NO. 1850963 FOR THE PLACE OF BEGINNING:
THENCE SOUTH 89 DEGREES 45 MINUTES 38 SECONDS WEST ALONG
SAID SOUTH LINE 442.54 FEET; THENCE NORTH 14 DEGREES 22
MINUTES WEST PERPENDICULAR TO THE LAST DESCRIBED COURSE
313.33 FEET; THENCE NORTH 89 DEGREES 45 MINUTES 38 SECONDS
EAST PERPENDICULAR TO THE LAST DESCRIBED COURSE 283.75
FEET; THENCE SOUTH 43 DEGREES 12 MINUTES 35 SECONDS EAST
144.21 FEET; THENCE SOUTH 28 DEGREES 17 MINUTES 37 SECONDS
EAST 208.23 FEET TO THE CENTERLINE OF SAID MCCORNACK ROAD;
THENCE SOUTH 54 DEGREES 07 MINUTES 38 SECONDS WEST ALONG
SAID CENTERLINE 167.58 FEET TO THE PLACE OF BEGINNING); ALSO
EXCEPTING THEREFROM THAT PART THEREOF DESCRIBED AS
FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID
SOUTHWEST QUARTER; THENCE SOUTH 89 DEGREES 45 MINUTES 38
SECONDS WEST ALONG THE SOUTH LINE OF SAID SOUTHWEST
QUARTER A DISTANCE OF 981.74 FEET; THENCE NORTH 00 DEGREES
14 MINUTES 22 SECONDS WEST PERPENDICULAR TO THE LAST
DESCRIBED COURSE A DISTANCE OF 313.33 FEET FOR THE POINT OF
BEGINNING; THENCE NORTH 89 DEGREES 45 MINUTES 38 SECONDS
EAST PERPENDICULAR) TO THE LAST DESCRIBED COURSE A
.• DISTANCE OF 283.75 FEET; THENCE SOUTH 43 DEGREES 12 MINUTES
35 SECONDS EAST A DISTANCE OF 144.21 FEET; THENCE SOUTH 58
DEGREES 17 MINUTES 37 SECONDS EAST A DISTANCE OF 208.23 FEET
TO THE CENTERLINE OF MCCORNACK ROAD PER DEED RECORDED
AS DOCUMENT NO. 1859063; THENCE NORTH 54 DEGREES 07
MINUTES 38 SECONDS EAST ALONG SAID CENTERLINE A DISTANCE
OF 344.85 FEET TO THE CENTERLINE OF BIG TIMBER ROAD PER
KANE COUNTY HIGHWAY DEPARTMENT MAP OF S.A. ROUTE 7 -
ELGIN SHEET NO. 4; THENCE NORTH 49 DEGREES 03 MINUTES 06
SECONDS WEST ALONG SAID CENTERLINE A DISTANCE OF 65.67
FEET; THENCE NORTHWESTERLY ALONG SAID CENTERLINE, BEING
A CURVE TO THE LEFT, HAVING A RADIUS OF 28,647.80 FEET,
TANGENT TO THE LAST DESCRIBED COURSE, AN ARC DISTANCE OF
658.92 FEET TO A LINE THAT BEARS NORTH 32 DEGREES 04 MINUTES
14 SECONDS EAST FROM THE POINT OF BEGINNING; THENCE SOUTH
32 DEGREES 04 MINUTES 14 SECONDS WEST ALONG SAID LINE A
DISTANCE OF 540.29 FEET TO THE POINT OF BEGINNING(EXCEPTING
THEREFROM THAT PART THEREOF LYING SOUTHWEST OF A LINE
300 FEET SOUTHWEST OF AND PARALLEL WITH THE SOUTHWEST
LINE OF BIG TIMBER ROAD AND THAT PART LYING NORTHEAST OF
THE NORTHEAST LINE OF SAID BIG TIMBER ROAD); IN THE
TOWNSHIP OF RUTLAND,KANE COUNTY, ILLINOIS.
Section 2. That the City Council of the City of Elgin hereby grants the PNB Planned
Neighborhood Business District which shall be designed, developed, and operated subject to the
following provisions:
A. Purpose and Intent. The purpose and intent of this PNB zoning district is to
provide planned commercial areas supplying daily convenience commodities and
services to a neighborhood population, subject to the provisions of chapter 19.60
of the zoning ordinance. The scale of development of a PNB zoning district is
limited by the applicable site design regulations due to its function and resulting
close proximity to residences. A PNB zoning district is most similar to, but
departs from the standard requirements of the NB zoning district.
B. Supplementary Regulations. Any word or phrase contained herein, followed by
the symbol "[SR]", shall be subject to the definitions and the additional
interpretive requirements provided in Chapter 19.90, Supplementary Regulations
of the Elgin Municipal Code, 1976, as amended. The exclusion of such symbol
shall not exempt such word or phrase from the applicable supplementary
regulation.
C. General Provisions. In this PNB 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 PNB 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 PNB zoning district should be located in
substantial conformance to the official comprehensive plan. The amount of land
necessary to constitute a separate PNB 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 PNB 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 PNB zoning district:
Permitted Uses. The following enumerated land uses shall be the only land uses
allowed as a permitted use in this PNB Planned Neighborhood Business District:
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:
"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).
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).
•. Funeral service(726).
Garment pressing, and agents for laundries and dry cleaners(7212).
Home health care services (808).
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 personal services not elsewhere classified(7299).
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).
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).
Videotape rental(784).
Vocation schools (824).
Watch, clock and jewelry repair(763).
6. Retail Trade Division:
Apparel and accessory stores(56).
Building materials,hardware and garden supply(52).
Carryout restaurants(5812).
Catalog and mail-order houses(5961).
Direct selling establishments (5963).
Drugstores and proprietary stores (591).
Eating places(5812).
Florists (5992).
Food stores (54).
General merchandise stores(53).
Home furniture, furnishings and equipment stores (57).
Miscellaneous retail stores not elsewhere classified(5999).
Miscellaneous shopping goods stores (594).
News dealers (5994).
Optical goods stores (5995).
Tobacco stores(5993).
Used merchandise stores (593).
7. Agricultural Division:
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).
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. 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).
Local and suburban passenger transportation operators'offices(411).
"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).
11. Miscellaneous Uses Division:
"Accessory structures" [SR] (UNCL) to the permitted uses allowed in this
PNB Neighborhood Business District, subject to the provisions of Section
19.12.500 of this Title.
"Accessory uses" [SR].(UNCL) to the permitted uses allowed in this PNB
Neighborhood Business District, subject to the provisions of Section
19.10.400 of this Title.
"Fences and walls" [SR] (UNCL).
"Loading facilities" [SR] (UNCL), exclusively "accessory" [SR] to a
permitted use allowed in this PNB Neighborhood Business District,
subject to the provisions of Chapter 19.47 of this Title.
"Outdoor display areas" [SR] (UNCL).
"Parking lots" [SR] (UNCL), exclusively as an "accessory use" [SR] to a
permitted use allowed in this PNB Neighborhood 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.
"Temporary uses" [SR] (UNCL).
Conditional Uses: The following enumerated land uses shall be the only land
uses allowed as a conditional use in this PNB Neighborhood 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. Finance,Insurance, and Real Estate Division:
Check-cashing agencies(6099).
r 4. Services Division:
Billiard parlors (7999).
Bingo parlors (7999).
"Car washes" [SR] (7542).
Child daycare services (835).
Coin-operated amusement establishments (7993).
Fortunetellers(7999).
Home child daycare services [SR] (8351).
Individual and family social services (832).
Job training and vocational rehabilitation services (833).
Massage parlors(7299).
"Motor vehicle repair shops" [SR] (753).
"Motor vehicle top, body, and upholstery repair, and paint shops" [SR]
(7532).
Pool parlors (7999).
Steam baths(7299).
Tattoo parlors (7299).
Turkish baths(7299).
5. Retail Trade Division:
Convenience food stores, operated on a twenty four (24) hour basis
(5411).
Drinking places (alcoholic beverages) (5813).
e,.. Drive-in restaurants (5812).
Firearms sales (5941).
Motor vehicle dealers(55).
"Motor vehicle service stations" [SR] (554).
"Outdoor eating and drinking facilities" [SR] (5813).
"Package liquor sales establishments" [SR] (5921).
6. Agricultural Division:
Dog grooming(0752).
Veterinary services for household pets (0742).
7. Mining Division:
"Temporary mining" [SR] (UNCL).
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).
"Other radio and television antennas" [SR] (UNCL).
"Other satellite dish antennas" [SR] (UNCL).
Pipelines, except natural gas (461).
Railroad tracks(401).
"Treatment, transmission and distribution facilities: equipment, equipment
buildings, towers, exchanges, substations,regulators" [SR] (UNCL).
9. Miscellaneous Uses Division:
"Accessory package liquor sales establishment" [SR] (UNCL).
"Accessory structures" [SR] (UNCL) to the conditional uses allowed in
this PNB Neighborhood Business District, subject to the provisions of
Section 19.12.500 of this Title.
"Accessory uses" [SR] (UNCL) to the conditional uses allowed in this
PNB Neighborhood Business District, subject to the provisions of Section
19.10.400 of this Title.
"Drive-through facilities" [SR] (UNCL), subject to the provisions of
Chapter 19.45 of this Title.
"Master signage plan" [SR], subject to the provisions of Chapter 19.50 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 19.60 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 NB Neighborhood
Business District or in a less restrictive zoning district, pursuant to subsection
19.10.400H of this Title:
1. Services Division:
Amusement and recreational services,not elsewhere classified(7999).
Business services not elsewhere classified(7389).
Laundry and garment services not elsewhere classified(7219).
Miscellaneous health and allied services not elsewhere classified(809).
elm4 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. Transportation,Communication,And Utilities Division:
Transportation services not elsewhere classified(4789).
G. Site Design. In this PNB 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.
H. Off-street Parking. In this PNB 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 PNB 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 PNB 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 PNB 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 PNB
zoning district authorize such an application.
L. Planned Developments. In this PNB 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
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 PNB
zoning district and without necessitating that all other property owners in this
PNB zoning district authorize such an application.
M. Conditional Uses. In this PNB 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
eiw individual lot or property owner for a zoning lot without requiring an amendment
to this PNB zoning district and without necessitating that all other property
owners in this PNB zoning district authorize such an application.
N. Variations. In this PNB 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
PNB zoning district and without necessitating that all other property owners in
this PNB 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:
e► 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 after its passage in the
manner provided by law.
Ed Schock,Mayor
Presented: March 8, 2006
Passed: March 8, 2006
Vote: Yeas: 7 Nays: 0
Recorded: March 9, 2006
Published:
Attest:
Qr1 "
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Dolonna Mecum, City Clerk